Alameda Municipal Code § 18-33 Administrative Procedures

Without a vote of the property owners, in any year the City Council may do any and all of the following: (a) discontinue the Water Quality and Flood Protection Fee; (b) reduce the rate for all parcel categories; or (c) increase the rate up to or below the maximum voter-authorized rate if it has been previously set below such rate.

(Ord. No. 3258 N.S., § 1, 12-17-19)

The Water Quality and Flood Protection fees shall become effective on July 1, 2020.

(Ord. No. 3258 N.S., § 1, 12-17-19)

a. Subject to the exceptions hereinafter set forth, the City elects, as an alternative procedure for the collection of Water Quality and Flood Protection Fees prescribed or imposed by the provisions of this chapter, to have all such Water Quality and Flood Protection Fees for each fiscal year collected on the tax roll in the same manner, by the same persons and at the same time as, and together with and not separately from, its general taxes.

b. The Public Works Director is hereby directed to prepare and file with the City Clerk, on or before the fifteenth day of June of each year, or such other date or dates as the City Council may specify by resolution, a written report containing a description of each and every parcel of real property receiving the benefit of the storm drainage system mentioned in this chapter, except for those parcels the fees for which are not to be collected on the tax roll, and the amount of the Water Quality and Flood Protection fees for each parcel for the forthcoming fiscal year, computed in conformity with the fees prescribed by the provisions of this chapter.

c. The City Clerk shall cause notice of the filing of said report and of a time and place of hearing thereon to be published, prior to the date for hearing, in a newspaper of general circulation printed and published within the City. The publication of said notice shall be once a week for two (2) consecutive weeks. Two (2) publications in a newspaper published once a week or more often, with at least five (5) days intervening between the respective publication dates, not counting such publication dates, are sufficient. The period of notice commences upon the first day of publication and terminates at the end of the fourteenth day.

d. At the time stated in the above-mentioned notice, the City Council shall hear and consider all objections or protests, if any, to the report referred to in said notice, and may continue the hearing from time to time. If the Council finds that protest is made by owners of a majority of separate parcels of property described in the report, then the report shall not be adopted, and fees shall be collected separately from the tax roll and shall not constitute a lien against any parcel or parcels.

e. Upon the conclusion of the hearing, the City Council may adopt, revise, change, reduce, or modify any fee or overrule any or all objections and shall make its determination upon each fee as described in said report, which determination shall be final.

f. 1.

On or before the first day of August of each year following such final determination, the City Clerk shall file with the Finance Director a copy of the report with a statement endorsed thereon over the City Clerk's signature that it has been finally adopted by the City Council.

2. The Finance Director shall thereupon cause said fees to be placed on the property tax roll and collected by the County for the City, as hereinafter provided. The County's tax collector shall enter the amounts of the fees against the respective parcels as they appear on the current assessment roll. If the property is not described on the roll, the County's tax collector may enter the description thereon, together with the amounts of the fees as shown in the report.

g. The amount of the fees shall constitute a lien against the parcel against which the fee has been imposed as of noon on the first Monday in March immediately preceding the date of the levy.

h. The tax collector shall include the amount of the fees on bills for taxes levied against the respective parcels. Thereafter the amount of the fees shall be collected at the same time and in the same manner and by the same persons as, together with and not separately from, the general taxes for the City, and shall be delinquent at the same time and thereafter be subject to the same delinquency penalties.

i. All laws applicable to the levy, collection and enforcement of general taxes of the City including, but not limited to, those pertaining to matters of delinquency, collection, cancellation, refund and redemption, are applicable to such fees.

j. The tax collector may, at the tax collector's discretion, issue separate bills for such fees and separate receipts for collection on account of such fees.

k. If any parcels receiving benefit from the storm drainage system are omitted from the abovementioned report or said tax roll, either because the fee for such parcels has not yet been ascertained by the City as of the date of said report, or for any other reason, the Water Quality and Flood Protection fee for such parcels shall be collected in the manner provided elsewhere in this chapter. If the fee for any parcels, as shown on said report for the forthcoming fiscal year, should be less than what should be the fee therefor under the provisions of this chapter, the balance of such fee shall be collected in the manner provided elsewhere in this chapter. If, however, the fee for any parcels shown in the report and collected on the tax roll should exceed the correct fee for such parcels for the fiscal year, the Finance Director shall refund the excess amount so collected.

(Ord. No. 3258 N.S., § 1, 12-17-19)

a. If the fee for any parcels placed on the tax roll, or for any parcels collected based upon billing, was less than what should be the fee therefor under the provisions of this chapter due to error, the balance of said fee shall be collected by a bill or invoice based on a detailed statement showing the basis of the calculations, the location of the parcels and other relevant information, and prepared on or after January 1st for the preceding six months from July to December during which a discrepancy between the amount collected and the correct fee is discovered, and on or after July 1st for the preceding six months from January to June during which such a discrepancy is discovered. The Finance Director shall mail said bill or invoice to the person or persons listed as the owners of the parcels on the last equalized assessment roll of the County at the address shown on such assessment roll or to the successor in interest of such owner if the name and address of such successor in interest is known to the Finance Director. Failure to mail any such bill or invoice, or failure of any owner to receive any such bill or invoice shall not excuse the owner of any parcels from the obligation of paying the balance of any Water Quality and Flood Protection fee upon receipt of adequate notice that the fee is due and payable.

b. The interested owner may, at any reasonable time, review the detailed statement prepared by the Finance Director.

c. The balance of the Water Quality and Flood Protection Fee for such parcels shall be due and payable immediately upon receipt of the bill or invoice referred to in this section.

(Ord. No. 3258 N.S., § 1, 12-17-19)

a. The Finance Director shall semi-annually, on or after July 1st, prepare or cause to be prepared a detailed statement containing the basis of the calculations, the location of the parcels and other relevant information, showing the total monthly fee for the preceding six (6) months from January to June and on or after January 1st, for the preceding six (6) months from July to December for any parcels the fee for which should be collected on the tax roll pursuant to Section 18-31.070A [18-33.3.a] but was omitted from the report referred to in Section 18-31.070B [18-33.3.b], or parcels the fee for which is collected pursuant billing.

b. An invoice may be rendered for a period of less than six (6) months if the commencement date of fees is other than July 1st or January 1st, as may be the case with new accounts.

c. On the basis of the statement, the Finance Director shall prepare a bill or invoice showing the total fee for such six (6) months or less, and shall mail said bill or invoice to the person or persons listed as the owners of the parcels on the last equalized assessment roll of the County at the address shown on such assessment roll, or to the successor in interest of such owner if the name and address of such successor in interest is known to the Finance Director. Failure to mail any such bill or invoice, or failure of any owner to receive any such bill or invoice shall not excuse the owner of any parcels from the obligation of paying the balance of any Water Quality and Flood Protection Fee upon receipt of adequate notice that the fee is due and payable.

d. The interested owner may, at any reasonable time, review the detailed statement prepared by the Finance Director.

e. The Water Quality and Flood Protection Fee for such parcels shall be due and payable immediately upon receipt of the bill or invoice referred to in this section.

(Ord. No. 3258 N.S., § 1, 12-17-19)

The owner of any parcel is and shall be responsible for payment of any and all Water Quality and Flood Protection Fees applicable to parcels owned by him or her. It shall be and is hereby made the duty of each such owner to provide to the Finance Director information sufficient to calculate the land area of the parcels within thirty (30) days after request of the Finance Director and ascertain from the Finance Director the amount and due date of any such fee applicable to parcels owned by such owner and to pay such fee when due and payable. It also shall be and is hereby made the duty of all owners of all parcels to inform the Finance Director immediately of all circumstances, and of any change or changes in any circumstances, which will in any way affect the applicability of any fee. In particular, but not by way of limitation, an owner of any parcel shall immediately inform the Finance Director of any sale or transfer of such parcel by or to such owner.

(Ord. No. 3258 N.S., § 1, 12-17-19)

Except as otherwise provided elsewhere in this chapter, all Water Quality and Flood Protection Fees shall be payable at the office of the Finance Director in the City Hall of the City.

(Ord. No. 3258 N.S., § 1, 12-17-19)

Except as otherwise provided elsewhere in this chapter, each Water Quality and Flood Protection Fee shall be delinquent if not paid on or before the fortieth day immediately following the date upon which such Water Quality and Flood Protection fee became due and payable.

(Ord. No. 3258 N.S., § 1, 12-17-19)

Except as otherwise provided elsewhere in this chapter, whenever any Water Quality and Flood Protection Fee becomes delinquent, there shall be imposed a penalty equal to ten (10%) percent of the amount as set forth under Section 18-33.3.

(Ord. No. 3258 N.S., § 1, 12-17-19)

If any owner disputes the amount of the fee in any bill or invoice, the owner shall, within thirty (30) days from and after the date such bill or invoice is mailed, and no later, file a claim with the Public Works Director accompanied by detailed supporting factual data in support of the claim. It shall be the duty of each such owner to prove to the Public Works Director, that such fee is in error and the correct amount thereof. If the Public Works Director determines that the bill or invoice was in error, the Finance Director shall correct said bill. Failure to dispute the amount of the fee in accordance with this section shall be deemed acceptance of the correctness of the fee.

(Ord. No. 3258 N.S., § 1, 12-17-19)

Whenever any refunds should become owing by virtue of any relief granted by the City Council pursuant to the provisions of Section 18-31.140 or by virtue of any error made in ascertaining the fee applicable to any parcels, the Finance Director is authorized to make such refunds and to expend for such purpose the moneys in the Clean Water and Flood Protection Fund. Notwithstanding the provisions of Section 18-33.10, any claim for refund for fees collected under Section 18-33.3 must be made within one year after the date bills for taxes are received by the owner. The City shall not be liable for interest on any amount determined to be refundable.

(Ord. No. 3258 N.S., § 1, 12-17-19)

The Public Works Director, the Finance Director and their authorized representatives are hereby given power and authority to enter upon and within any parcels to ascertain the nature of such parcels; to inspect, observe, and review the benefit received from the storm drain system as may be allowed by law.

(Ord. No. 3258 N.S., § 1, 12-17-19)

a. Notwithstanding other remedies, in the event of the failure of any owner to pay when due any Water Quality and Flood Protection Fees applicable to parcels owned by such owner, the City may enforce payment of such delinquent fees by instituting action in any court of competent jurisdiction to collect any fees which may be due and payable in the same manner as any other debts owing to the City may be collected.

b. Any and all delinquent payments may be placed on the tax roll, and collected with property taxes, as provided in Section 18-31.070.

c. Such other action may be taken as may be authorized by law and by the City Council.

d. Remedies under this section are in addition to and do not supersede or limit any and all other remedies, civil and criminal.

(Ord. No. 3258 N.S., § 1, 12-17-19)