Arcata Municipal Code Art. 3 Stormwater Drainage Maintenance Fee

There is hereby imposed on each and every developed parcel of land within the City, and the owners thereof, a stormwater drainage maintenance fee which shall be payment for use of the City’s Stormwater Drainage Enterprise and Utility by the real property on, and with respect to which the charge is imposed, and the owners thereof. Said stormwater drainage maintenance fee is deemed reasonable and necessary to pay for the operation, maintenance, improvement and replacement of the existing City stormwater drainage facilities.

The total cost of operating, maintaining, repairing, and replacing existing facilities of the Stormwater Drainage Enterprise and Utility shall be determined on an annual basis by the Director of Environmental Services. This annual cost shall be presented to the Council for adoption as part of the annual budget process.

A. The stormwater drainage maintenance fee shall be determined based on the total impervious surface area in or on the parcel of real property. The Director of Environmental Services shall determine the total impervious surface area in or on the real property of each parcel by any one of the following methods:

1. On-site measurements of the impervious surface area in or on such real property;

2. Computation of the impervious surface area using the dimensions of the impervious surface areas in or on the real property which are set forth and contained in the records of the City;

3. Estimation, calculation and computation of the impervious surface areas using

Aerial photography or photogrammetry, 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.

B. The stormwater drainage maintenance fee shall be established by ordinance based on the total annual cost of maintaining and operating the Stormwater Drainage Enterprise and Utility as adopted by the Council, and on the amount of impervious surface area for any particular parcel.

A. The stormwater drainage maintenance fee may be reduced by the Director of Environmental Services based on: (1) The type of impervious surface area on a particular developed parcel; or, (2) whether approved runoff control measures have been taken.

B. Rate reduction shall occur on a case-by-case basis and shall reflect the extent to which the type of impervious surface area or alternate control measures reduce or eliminate use of the City’s Stormwater Drainage Enterprise and Utility. The burden of establishing the reduced extent of contribution to the City’s Stormwater Drainage Enterprise and Utility shall be on the property owner. The Director of Environmental Services may require the property owner to present an engineered drainage plan or any other technical information, which may be needed to support the request for fee reduction.

The stormwater drainage maintenance fee shall be billed every six (6) months by the City to the property owner. Said fee shall be due and payable upon presentation of bill.

A. All stormwater drainage maintenance fees not paid thirty (30) days after the billing date shall be assessed a basic penalty of ten percent (10%) and an additional interest charge of one and one-half percent (1.5%) per month.

B. If the fee and penalties remain delinquent for a period of sixty (60) days after the billing date, the amount due including penalty and interest charges shall become a lien on the property provided that the City has given notice to the property owner as shown on the latest equalized assessment roll of the delinquent charges and lien herein. The lien shall have no force or effect until a certificate specifying the amount of the unpaid charges is recorded with the County Recorder and when so recorded shall have the force, effect, and priority of a judgment lien and continue for three (3) years from the time of recording unless sooner released or otherwise discharged.

A. A property owner who disputes the amount of a stormwater drainage fee imposed against his or her parcel pursuant to this chapter may file a written request with the Director of Environmental Services to review the fee imposed. At the discretion of the Director of Environmental Services, the requesting party may be required to present an engineered report and/or survey showing information relevant to the request such as the total property area, the impervious surface area, and any other features or conditions which influence the drainage or storm and surface water runoff from the property.

B. The Director of Environmental Services shall conduct a technical review to determine if an adjustment of the fee is in conformance with the provisions of this ordinance. At the conclusion of the review, the Director of Environmental Services shall issue a written determination stating whether a fee reduction is appropriate and, if so, the amount of such reduction. All decisions of the Director of Environmental Services shall be served on the property owner personally or by certified mail.

C. A property owner may appeal the decision of the Director of Environmental Services to the City Council within thirty (30) days after service of the Director of Environmental Services’ written decision. Notice of appeal shall include a description of the general grounds for the appeal. The Council shall conduct a public hearing to consider the testimony of the appealing party. After public hearing, the Council may affirm or modify the decision of the Director of Environmental Services, provided that any modification of the fee is in conformance with the provisions of this ordinance.