Belmont Municipal Code Art. VI Storm Sewer System

Footnotes:

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Editor's note— Section 1 of Ord. No. 883, adopted June 14, 1994, provided for the addition of Ch. 22-A. For purposes of classification, said new chapter has been included herein as §§ 21-191—21-202, Art. VI of Ch. 21, at the editor's discretion. See history note following each section for specific derivation thereof.

It is the purpose and intent of this article to ensure that the city's storm sewer system is used only for drainage of rainwater, landscape and irrigation runoff, regulated discharges and other types of uncontaminated or unpolluted water runoff.

(Ord. No. 883, § 1(22-A-1), 6-14-94; Ord. No. 952, § 1(Exh. A), 7-25-00)

For the purposes of this article, the city's "storm sewer system" shall be deemed to include all catch basins, street gutters, valley drains, underground storm drains and all other types of storm drainage channels or facilities of any kind located within the City of Belmont.

(Ord. No. 883, § 1(22-A-2), 6-14-94; Ord. No. 952, § 1(Exh. A), 7-25-00)

It shall be unlawful for any person, partnership, corporation or any other entity to allow any waste matter, garbage, sewerage, grass clippings, paper, metal, wood or plastic objects, oil or gasoline, flammable materials or substances prohibited by the municipal regional stormwater NPDES permit with the California Regional Water Quality Control Board or any other substance deemed hazardous by federal or state law to be placed or deposited into the city's storm sewer system, or to allow any such substances to enter the city's storm sewer system from their property. All discharges to the storm sewer system and construction activities must comply with guidelines dictated in the municipal regional stormwater NPDES permit.

(Ord. No. 883, § 1(22-A-3), 6-14-94; Ord. No. 952, § 1(Exh. A), 7-25-00; Ord. No. 1059, § 1, 6-28-2011)

Pursuant to the provisions of Health and Safety Code section 5471, the city establishes a system of charges for its stormwater drainage system. For the purposes of such system of charges "assessment roll" means the roll upon which general taxes of the city are collected and "annual real property tax statement" means the annual tax statement issued by the County of San Mateo.

(Ord. No. 883, § 1(22-A-4), 6-14-94; Ord. No. 952, § 1(Exh. A), 7-25-00)

The charges for services furnished by the city may be based upon the class of use or area of parcels as determined by resolution of the city council adopted by a four-fifths (⅘) vote. Charges shall be assessed on a yearly basis against parcels as set forth in the master fee schedule adopted by resolution of the city council, and as required by the provisions of Article 13 D, Sections 6(a) and 6(c) of the state constitution pertaining to property related fees.

(Ord. No. 883, § 1(22-A-5), 6-14-94; Ord. No. 952, § 1(Exh. A), 7-25-00)

All stormwater charges hereinabove provided for shall be collected on the official tax assessment roll, together with all regular municipal real property taxes. The charges shall constitute liens upon the particular lots or parcels of land affected and shall be effective at the same time and to the same extent as is provided for by law in the case of property taxes, with like penalties for delinquencies, all provided for by Health and Safety Code section 6473.5 et seq.

(Ord. No. 883, § 1(22-A-6), 6-14-94; Ord. No. 952, § 1(Exh. A), 7-25-00)

The city may, upon a proper showing and upon the city council's making a determination in connection therewith, enter into a special written agreement with any industrial or commercial concern providing for the direct payment of stormwater charges to the city rather than for the charges to be collected on the tax rolls; provided, however, that in the event of a default, the city shall be entitled to receive from the particular taxpayer the benefit of all applicable penalties for delinquencies and to avail itself of all applicable remedies for the enforcement of collection.

(Ord. No. 883, § 1(22-A-7), 6-14-94; Ord. No. 952, § 1(Exh. A), 7-25-00)

Annually, on or before the first day of July, it is the duty of the finance director to file with the city clerk a report containing a summary of the annual charges of real property, computed in conformity with the schedule of charges. Thereafter, the city council shall hold a public hearing with respect to the report, after the city clerk has given notice by publication, in accordance with Government Code section 6066.

(Ord. No. 883, § 1(22-A-8), 6-14-94; Ord. No. 952, § 1(Exh. A), 7-25-00)

On or before the tenth day of August of each year, following the final determination of the city council with respect to the annual report, the city clerk shall file with the county auditor a copy of the report with a statement endorsed thereon over the clerk's signature that it has been finally adopted by the city council. The county auditor shall then enter the amounts of the charges against the respective lots or parcels of land as they appear on the then current assessment roll based upon detailed data provided by the city.

(Ord. No. 883, § 1(22-A-9), 6-14-94; Ord. No. 952, § 1(Exh. A), 7-25-00)

In accordance with the Health and Safety Code section 5473.5 et seq., the amount of the charges shall constitute a lien against the lot or parcel of land against which the charges have been imposed. The amount shall be included on bills for taxes, including, but not limited to, those pertaining to delinquency, correction, cancellation, refund and redemption.

(Ord. No. 883, § 1(22-A-10), 6-14-94; Ord. No. 952, § 1(Exh. A), 7-25-00)

The city may adopt fees to provide for the recovery of costs from users of the stormwater system. Such fees may include, but are not limited to, permits, monitoring, inspections and surveillance procedures, accidental discharge matters, appeals, reimbursement of costs incurred by city for removal of pollutants, and any other fees the city deems necessary to carry out the requirements of this article. The applicable fees shall be as set forth in the city's master fee schedule.

(Ord. No. 883, § 1(22-A-11), 6-14-94; Ord. No. 952, § 1(Exh. A), 7-25-00)

(a) If stormwater charges are delinquent for a period of sixty (60) days, a penalty of ten (10) percent shall be imposed. If stormwater charges are delinquent for a period of one hundred twenty (120) days, an additional penalty of one and one-half (1½) [percent] per month shall be paid.

(b) Any violation of the provisions of this article shall be, and the same is hereby declared to be unlawful and a public nuisance. Enforcement of the provisions of this section and imposition of penalties thereunder shall proceed pursuant to Belmont City Code section 1-8.

(Ord. No. 883, § 1(22-A-12), 6-14-94; Ord. No. 952, § 1(Exh. A), 7-25-00; Ord. No. 1059, § 2, 6-28-2011)