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Ordinance 92-1085ORDINANCE N0. 92- 1085 AN ORDINANCE O F LONGWOOD, FLOAI DA, AME ORDZNANCE 92-SO]BH P TILSTYNFEES ROPERxY ~V SEMIG ~F20~ SwTORMW PROPERTY A STORMWATER UTILITY NREVIEW eOARD~ PROVIDING FOR SEVERAe2LITY AND EFFECTIVE DAxE. WHEREAS, the Longwood City Commission deems it rn the best interest of the health and welfare o£ its crtrzens to charge stormwater utility fees fox vacant property; and WHERE , the Longwood City Commrss ron desires tc bill owners of vacant property semr-annually. NOW THEREFO , E IT ORDAINED BY TAE CZTY COlMZSSION OF THE CITY OF LONGWOOD THAT. SECTION 1: Section 5 of Ordinance 92-10]8 shall be amended Lo read as follows: N 5 - TIL*TY FEES mhe stormwater nagement tility empowered by this ordinance t end chargas for the us of and discharge t the city's stormwater m nagement system se uch charges shall be based the a o£ providing stormwater m nagement all properties ithiv the city and may be tlifferent =for properties ing different classes of The City Commission shall adopt and r e from time to time schedule o£ stormwater utility fees for s water nagement servrees to cover Funding requirements o£ utility operations. (a) Rates far stormwater management servrce. There levied against all £eepayers Eor all eat propertys in the city which contributes s noE£ to antl/or which benefit from the city= spa nagement system a nthly stormwater utility fee it ordance with the mollowing definitions, methodology and schedule: 1. sto rmwater Utility Fees (a) Single Family Property stormwater utility Fee $3.00 per month per unit (b7 Multi-family Property stormwater Utility Fee $3.00 per month per un.rt (c( sidential/commercial Property stormwater Utility F e $1.00 per E 1 per m with (if e property has mitigation( - mrnrmum charge $S.oO per month 53.29 per E onth (if property has n (d mitigation) - mrnrmum charge $3.29 per month ( Vacant p will be a sed a water t ility Fee, C-e mmi-se ien. fellows: (1) aiaential olattea o arty: t e I.OS m nth o 6.30 s uall D1ot. OAD. N0. 92-1085 administrator, o ity administrator's designee, for a o£ said charges. If the property and its u rspecif ied on the applicable fee schedule, the sc ity administrator shall u the fee applicable t the m arly comparable type eo£ land u n the fee scheduler i£ the Eee payer questions the o omputation of the utility Eee, then the feepayer shall prepare and submit the ity administrator, city administrator'sodes igneec, a independent £ee calculation for the property. The independent £ee calculation study shall follow the prescribed methodologies and formats established by this ordinance and any regulations promulgated hereunder. The study shall show the basis upon which the independent fee calculation w made, Including but not limited to surveys showing the and engineering studies documenting the stormwater r no£f and proposed credits attributable to the property.v The ity administrator, ity administrator's designee, shall sider the odocumentation submitted by the feepayerobut i not required to a cept such documentation wh=ch he shall r nobly deem to be r anappl icable o not reliable and may, in the alternative, require the feepayer t submit additional or different documentation for siderat ion. I£ any ceptable independent fee calculation study i not presented, the feepayer shall pay the s til ity Eees based upon the schedules set £orthtinmthisrchapter. (b( If n isf ied with the determination o£ the city administrator, city administrator's designee, the feepayer, by Filing a ritten request with the city administrator within t nw(10) days of the determination, may request a hearing t aopeal the decision be{ore the City °.,aa~-' -` "vast-...oat Stormwater [)tilit B a d. (c) My adjustment to the originally determined area shall be retroactive to commencement o£ the charges and fees. (d( The decision of the S tilit w Bo be r wed b the rc Fef th 1eC't o£ ood e Florida est submitted to the clerk of the vC ~t w t~LOn wood Florida herein cht t (301 d f the date o_f the decisio uaht t be r wed. SECTION 3 Severability. should any sectr , paragraph, clause, senten , [em, word, or provision o£ this Ordinance be declared rnval id by a court of competent jurisdiction, such decision shall not affect the validity of this Ordinance as a whole or any part hereof, not so declared to be invalid. (2( all other 1.05 month o 6.30 s uall ufor e 8,500 s ft actin thereof The s water utility fees shall become effective on June 1 ~ 1992. 2. Stormwater Management Systems Inspection Fee The City shall charge a fee of 550.00 for each inspection o£ completed stormwatex m nagement systems which were approved for construction by the City. 3. lxil ling o£ s utility and Stormwater Management Systems Inspect'ona Fees The Stormwater utility fees and tAe Stormwater m nagement system inspection fees imposed by this ordinance ashall be billed i onju nction with the monthly utility bill fox n - erties ued by the city's utility billing uch fees shall be due and payable a the s andtinntha s and subject to the s e penalties is other util itymf ees nne tko= `-----`-- ---------` -`----- A11 such bills shall be endered monthly by the Finance Department and shall become due and payable i ordance with the rules and regulations of the F Department pertaining to the collection of til ity fee gnce TFe stormwatex m nagement utility fee is part of a solidated statement for utility customers which i generally paid by a Ingle payment. In the e that a partial payment ved, the payment shall of first be applied uni£ormlyi to alliutility services fief lected on the billing to the utility account. ' fees for v - -- shay `a b' ' ual tember 1 antl Ma c V1. i Any charge tlue hereunder which shall n t be paid when due shall bear all approved m nthly s ocharges as provided for elsewhere by ordinance and may bei ro red i action at law by the City. The ~.F aeeeexE feeoav ashall be espons ible for all costs of collection t ncludeer noble attorney's fees whether o uit i ary. ineaddition any other r medies or penalties provided by this o any other ordinance of the City, failure of any u of rCity utilities within the city of i.ongwood to pay said charges promptly when due shall subject such user to discontinuance of utility s and the City Administrator of the City i hereby empowered and directed to en{once this provision as to any and all delinquent users. The utility fee and inspection fee hereinabove prescribed shall c a debt to the City for which the o nd/oz of cupant shall he jointly and s rally liable. Thear orris of the City shall be kept open forVthe inspection by the o and o cupant and it shall be the esponsib i[y t cupant o ascertain that the prescribed fees oxntfees are dbeing paid. t N 2: ectlon ] of Ordinance 92-10]8 shall be amended to read as follows: SECTION ]- A ALS (a) Any Eeepayer who feels that the stormwatex utility {ee for his property has been signed omputed incorrectly may petition in writing t r the city ~ 4: x_ectavc 1 _o. ids Urd~nnae shall take ef~f ect upon fi.na]. ya Hi