AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF PRINCETON, IOWA, BY ADDING PROVISIONS PERTAINING TO STORM WATER DRAINAGE SYSTEM DISTRICT UTILITY
BE IT ENACTED by the City Council of the City of Princeton, Iowa:
SECTION 1. NEW CHAPTER. The Code of Ordinances of the City of Princeton, Iowa, is amended by adding a new Chapter 100, entitled STORM WATER DRAINAGE SYSTEM DISTRICT UTILITY, which is hereby adopted, effective July 1, 2015 to read as follows:
100.01 PURPOSE. The purpose of this chapter is to establish a Storm Water Drainage System District Utility and provide a means of funding the construction, operation and maintenance of storm water management facilities including, but not limited to, detention and retention basins, storm water sewers, inlets, ditches and drains, and cleaning of streets. The Council finds that the construction, operation and maintenance of the City’s storm and surface water drainage system should be funded through charging users of property which may connect or discharge directly, or indirectly, into the storm and surface water drainage system.
100.02 DEFINITIONS. For use in this chapter, unless the context specifically indicates otherwise, the following terms are defined:
1. “Connection” means the physical act or process of tapping a public storm water sewer or drainage line, or joining onto an existing side sewer, for the purpose of connecting private impervious surface or other storm and surface water sources or systems to the public storm and surface water system. It also includes creation or maintenance of impervious surface that causes or is likely to cause an increase in the quantity or decrease in quality or both from the natural state of storm water runoff, and which drains, directly or indirectly, to the storm and surface water system.
2. “Storm and surface water drainage system” means any combination of publicly owned storm and surface water quantity and quality facilities, pumping, or lift facilities, storm and secondary drain pipes and culverts, open channels, creeks and ditches, force mains, laterals, manholes, catch basins and inlets, including the grates and covers thereof, detention and retention facilities, laboratory facilities and equipment, and any other publicly owned facilities for the collection, conveyance, treatment and disposal of storm and surface water system within the City, to which sanitary sewage flows are not intentionally admitted.
3. “Unit” means each household, each place of commerce/education/ government/religion, or each industry, whether in a single building on a single lot or in a multiple-use building on a single lot or multiple lot complex. Each unit shall be charged individually, but where the complex is billed under one combined service account, the recipient of that bill shall be deemed the user and receive the total combined storm water drainage system district charge for that complex.
4. “User” means any person who uses any property located in city limits that maintains connection to, discharges to, or otherwise receives services from the City for storm water management. The occupant of occupied property is deemed the user. If the property is not occupied, the person who has the right to occupy it shall be deemed the user.
100.03 STORM WATER DRAINAGE SYSTEM DISTRICT ESTABLISHED. Pursuant to the authority of Section 384.84 of the Code of Iowa, the entire City is hereby declared a Storm Water Drainage System District for the purpose of establishing, imposing, adjusting and providing for the collection of rates for the operation and maintenance of storm water management facilities. The entire City, as increased from time to time by annexation, shall constitute a single Storm Water Drainage System District.
(Code of Iowa, Sec. 384.84)
100.04 RATES. Each user shall pay for storm and surface water drainage system service provided by the City. The rates for the operation and maintenance of the storm water management facilities shall be collected by imposing a monthly rate on each residential, commercial and industrial user within the City. The service charges shall be billed as part of a combined service account which means a customer service account for the provision of two or more utility services. The Council may adopt rules, charges, rates, and fees for the use of the City’s storm and surface water system, and for services provided by the City relating to that system. Such rules may include delinquency and interest charges and penalties. Such charges and fees shall be just and equitable based upon the actual costs of operation, maintenance, acquisition, extension and replacement of the City’s system, the costs of bond repayment, regulation, administration, and services of the City. The rates for the foregoing functions shall be collected by imposing a monthly rate of two dollars and twenty-five cents ($2.25) on every City residential unit, and every commercial unit. Property owned by the City is exempt from the requirements of this chapter.
100.05 PAYMENT OF BILLS. All Storm Water Drainage System District charges shall be due and payable under the same terms and conditions provided for payment of a combined service account as contained in Chapter 92 of this Code of Ordinances. All City services may be discontinued in accordance with the provisions contained in Section 92.04 if the combined service account becomes delinquent, and the provisions contained in Sections 92.05 and 92.06, relating to lien exemptions and lien notices shall also apply in the event of a delinquent account.
(Code of Iowa, Sec. 384.84)
100.06 LIEN FOR NONPAYMENT. The owner of the premises served and any lessee or tenant thereof shall be jointly and severally liable for charges for the operation and maintenance of the storm water management facilities. Any such charges remaining unpaid and delinquent shall constitute a lien upon the premises served and shall be certified by the Clerk to the County Treasurer for collection in the same manner as property taxes.
(Code of Iowa, Sec. 384.84[a])
100.07 CITY COUNCIL. The City Council has the following powers and duties related to the City of Princeton Storm Water Utility:
1. Operations and Maintenance. Operation and maintenance of the storm water management systems and facilities.
2. Inspection and Tests. Conduct necessary inspections and tests to assure compliance with the provisions of this chapter.
3. Records. Maintain a complete and accurate record of all storm water management systems and facilities.
4. Policies. Recommend to the City Council policies to be adopted and enforced to implement the provisions of this chapter.
100.08 PROHIBITED ACTS. No person shall do, or allow, any of the following:
1. Damage Storm Water Management Systems and Facilitates. Maliciously, willfully or negligently break, damage, destroy, uncover, deface or tamper with any structure, pipe, appurtenance or equipment which is part of the storm water management systems or facilities.
2. Illicit Discharges. No person shall throw, drain or otherwise discharge or cause to throw, drain, run or allow to seep or otherwise be discharged into the City of Princeton storm water management system and facilities, including but not limited to pollutants or waters containing any pollutants, other than storm water.
3. Manholes. Open or enter any manhole, structure or intake of the storm water system, except by authority of the Utility Superintendent.
4. Connection. Connection of any private storm water system to the City's storm water management system and facilities, except by authority of the Utility Superintendent.
100.09 RIGHT OF ENTRY. The Public Work Foreman and other authorized employees of the City of Princeton bearing proper credentials and identification shall be permitted to enter all private properties for the purpose of inspection, observation, measurement, sampling and testing all private storm water discharges directly or indirectly entering into any public storm water management system or facility in accordance with the provisions of this chapter.
100.10 PENALTIES. The following penalty provisions shall apply to violations of the Storm Water Utility chapters (of this Code of Ordinances).
1. Notice of Violation. Any person found to be violating any provisions of these chapters shall be served by the City of Princeton with written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof. The offender shall, within the period of time stated in such notice, permanently remedy all violations.
2. Continuing Violations. Any person who shall continue any violation beyond the time limit provided for in subsection 1 thereof, shall be subject to a civil penalty as set forth in the Schedule of Civil Penalties in Chapter 4 of this Code of Ordinances. Each day which said violation shall continue shall be deemed a separate offense.
3. Liability Imposed. Any person violating any of the provisions of this chapter shall become liable to the City for any expense, loss or damage occasioned the City by reason of such violation.
All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed.
If any section, subsection, sentence, clause, or phrase of this ordinance shall be adjudged invalid or unconstitutional, such adjudication shall not affect the validity of the ordinance as a whole or any section, subsection, sentence, clause, or phrase hereof not adjudged invalid or unconstitutional.
This ordinance shall become effective upon publication as required by law.
Approved by the City Council of Princeton, Iowa this 14th day of May, 2015.
Signed by the Mayor of Princeton, Iowa this 14th of May, 2015.
PASSED AND APPROVED this 14th of May, 2015.