§ 56-112. Storm drainage service charge.

(a)

There is hereby imposed on each and every lot or parcel of land within the city, and the owners thereof, a storm drainage service charge. This charge is deemed reasonable and is necessary to pay for (1) the operation, maintenance, improvement and replacement of the existing city storm drainage facilities, and (2) the operation, maintenance, and replacement of future facilities. All of the proceeds of these service charges are deemed to be in payment for use of the city storm drainage system by the real property on, and with respect to, which the charge is imposed, and the owners thereof. Real property owned by the city pursuant to the Charter authority of the department of aviation shall not be subject to payment of such service charge for so long as the department of aviation performs all necessary and appropriate maintenance, repair, replacement and future construction relating to storm drainage facilities located on such real property.

(b)

(1)

The storm drainage service charge shall be payable in advance, annually or at some other billing frequency that the manager shall determine is necessary and appropriate and shall be paid to the city, as billed by the city, by the owner or owners of each and every lot or parcel of real property located within the political jurisdiction of the city and shall be computed by first determining the ratio of impervious surface, as defined herein, for the lot or parcel of real property; second, based on the aforesaid ratio determination assigning the lot or parcel of real property to a ratio group as defined and set forth herein; and third, multiplying the drainage service charge per one hundred (100) square feet for the assigned ratio group by the number of one hundred (100) square feet of impervious surface in or on the lot or parcel; provided, however, that the annual storm drainage service charge for each lot or parcel of real property in or on which there is impervious surface shall not be less than fifteen dollars and two cents ($15.02) effective July 1, 2016; sixteen dollars and sixty-seven cents ($16.67) effective January 1, 2017; eighteen dollars and fifty cents ($18.50) effective after January 1, 2018; twenty dollars and thirty-five cents ($20.35) effective January 1, 2019; and twenty-two dollars and thirty-nine cents ($22.39) effective January 1, 2020. On January 1, 2021 and thereafter, the minimum storm drainage service charge shall be adjusted annually, based on the percentage change from the previous year in CPI-U as that term is defined in subsection 56-92(13.5). The percentage change to be applied to the minimum charge shall be calculated as set forth in subsection 56-93(d).

(2)

For users who are not billed on an annual basis, charges under subsection (b)(1) of this section shall be prorated for each billing period.

(c)

The manager of public works shall determine the number of square feet of impervious surface in or on the real property of each owner or owners thereof using the definition of impervious surface set forth in this division by any of the following methods:

(1)

On-site measurements of the impervious surface in or on such real property made by the city or in its behalf;

(2)

Computation of the impervious surface using the dimensions of the impervious surfaces in or on the real property which are set forth and contained in the records of the office of the assessor of the city;

(3)

Estimation, calculation and computation of the impervious surfaces using aerial photography, photogrammetry, or equivalent technology, or using the information and data from on-site measurements of like or similar property or features or as contained in the records of the city which set forth certain characteristics of the improvements on such real property such as the sum of the living space above the basement level in all buildings on the real property, the number of garages, the area of the real property, the year of construction of the buildings, the number of garage spaces, the assessor's use code, the number of levels in the primary building, and the assessor's class code, hereinafter referred to as "assessor's characteristics" of the improvements of such real property and actual measurements made by the city, or in its behalf, if any, of impervious surfaces in or on real properties whose assessor's characteristics are similar to those assessor's characteristics of the real property for which the estimation, calculation and computation is made.

(Ord. No. 160-80, § 1(167A.5), 4-14-80; Ord. No. 73-83, § 8, 1-31-83; Ord. No. 560-88, § 14, 9-6-88; Ord. No. 676-96, § 1, 8-5-96; Ord. No. 1101-01, § 2, 12-17-01; Ord. No. 189-05, § 1, 3-21-05; Ord. No. 267-11, § 12, 5-16-11; Ord. No. 340-11, § 4, 6-20-11; Ord. No. 306-16, § 3, 6-13-16)