Cupertino Municipal Code Ch. 3.36 Storm Drainage Service Charge

A. The purpose of the charge is to conserve and protect the City’s storm drainage system from the burden placed on it by the increasing flow of nonpoint source runoff and to otherwise meet the requirements developed by the Santa Clara Valley Non-Point Source Control and Storm Water Management Program established to comply with the Clean Water Act, EPA regulations and the cities’ NPDES permits.

B. The specific purpose of the storm drainage service charges established pursuant to this chapter is to derive revenue which shall only be used for the acquisition, construction, reconstruction, maintenance, and operation of the storm drainage system of the City to repay principal and interest on any bonds which may hereafter be issued for said purposes, to repay loans or advances which may hereafter be made for said purposes and for any other purpose set forth in Section 3.36.160. However, said revenue shall not be used for the acquisition or construction of new local street storm sewers or storm laterals as distinguished from main trunk, interceptor and outfall storm sewers.

(Ord. 1599, §I (part))

Except where the context otherwise requires, the following definitions in this section shall govern the construction of this chapter:

A. “Apartment premises” means premises improved or used for a residence for three or more families living independently of each other and doing their own cooking and which is not separately assessed by the county tax assessor for each such family dwelling.

B. “City” means and includes all territory lying within the municipal boundaries of the City of Cupertino as presently existing plus all territory which may be added thereto during the effect term of the ordinance codified herein.

C. “Commercial/industrial premises” means premises improved or used for any purpose or purposes other than as a residence for one or more families living separately in separate dwelling units, or which is improved or used as a residence for one or more families living separately in separate dwelling units and for one or more other purposes.

D. “Director of Public Works” means the Director of Public Works and his/her duly authorized agents and representatives.

E. “Finance Director” means the Director of Finance of the City of Cupertino and his/her duly authorized agents and representatives.

F. “Lot” means a unit of land which may lawfully be sold as a separate area of land in conformity with the City’s subdivision ordinance.

G. “Maintenance and operation” means the administration, operation, maintenance and repair of any facility in the City’s storm drain system, including, but not limited to:

1. Items ordinarily recognized as capital items (e.g., interests in land) when reasonably necessary when new;

2. Street sweeping and catch basin cleaning;

3. Replacement of portions of existing facilities damaged or destroyed as a result of accident or natural disasters;

4. Damages or settlements paid in the course of, or because of, threatened or actual legal actions to the City’s storm drain system or non-point source program;

5. Regional monitoring, permit fees, public education and awareness programs regarding the City’s storm drain system and the City’s nonpoint source program;

6. Management of the City’s non-point source program including, but not limited to, BMP manuals, public outreach, printed materials, City staff and legal costs related thereto.

H. “Parcel” means a unit of land which is designated by the tax assessor of Santa Clara County for property tax purposes.

I. “Premises” means a separate area of land improved or unimproved, which is connected to or benefited from, directly or indirectly, the storm drainage system or any portion thereof, or from which any water runoff is discharged, directly or indirectly, into said storm drainage system.

J. “Residential premises” means premises, other than apartment premises, improved or used solely as a residence for one or more families living separately in separate dwelling units.

K. “Storm drainage system” means any pipe, conduit, or sewer of the City designed or used for the disposal of storm and surface waters and drainage including unpolluted cooling water and unpolluted industrial process water, but excluding any community sanitary sewer system.

L. “Vacant premises” means an area of land consisting of a single lot or a lot which is part of a subdivision recorded in the office of the County Recorder, or a lot or area of land described by meter and bounds which has been recorded, without any structure existing upon it.

(Ord. 1599, § 1 (part))

For purposes specified in Section 3.36.010, the storm drainage service charge established pursuant to this chapter are hereby prescribed and imposed, and shall be paid to and collected by the City, for services and facilities furnished by the City in connection with its storm drainage system to or, for each premises which is benefited directly or indirectly by said storm drainage system or any part thereof, or from which any storm water is conveyed or discharged directly or indirectly into the storm drainage system. Said charge imposed annually and will be assessed and collected as follows:

(Ord. 1599, § 1 (part))

All government or public premises are exempt from the provisions of this chapter. As used herein the term “governmental or public premises” means and includes premises which are owned by:

A. The City of Cupertino;

B. The Central Fire District of Santa Clara County;

C. The Cupertino Union School District;

D. The Foothill Community College District;

E. The Fremont Union School District;

F. The Midpeninsula Regional Park District;

G. Santa Clara County;

H. Santa Clara County Valley Water District;

I. Cupertino Sanitary District;

J. Southern Pacific Railroad Company;

K. State of California;

L. United States of America.

(Ord. 1599, § 1 (part))

On or about the beginning of each fiscal year, the City Council shall review the amount of revenue produced by the storm drainage service charge, the estimated cost of the City’s Non-Point Source Control and Storm Water Management Program and may modify the amount of such charges.

(Ord. 1599, § 1 (part))

A. Prior to establishing or reviewing the storm drainage service charge, the City Council shall be provided with a written report prepared by the Director of Public Works who, on the basis of standard methods, standard engineering practices and applicable provisions of this chapter, shall render his written opinion as to the adequacy and appropriateness of methods employed to measure land area of premises served by the storm drainage system for the purpose of computing the storm drainage service charges as set forth in this chapter.

B. The Director of Public Works, on the basis of standard methods, standard engineering practices, applicable provisions of this chapter, and applicable state and federal regulations and guidelines, if any, shall also render his written opinion at to the benefit received by each premises from the storm drainage system.

(Ord. 1599, § 1 (part))

The storm drainage service charges shall become effective on the effective date of this chapter.

(Ord. 1599, § 1 (part))

A. Subject to the exceptions hereinafter set forth, the City elects, as an alternative procedure for the collection of storm drainage service charges prescribed or imposed by the provisions of this chapter, to have all such storm drainage service charges 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 Director of Public Works 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 premises the charges for which are not to be collected on the tax roll, and the amount of the storm drainage service charges for each premises for the forthcoming fiscal year, computed in conformity with the charges 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 consecutive weeks. Two publications in a newspaper published once a week or more often, with at least five days intervening between the respective publication dates, not counting such publication dates, are sufficient. The period of notice commences upon the first day 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 charges shall be collected separately from the tax roll and shall not constitute a lien against any parcel or parcels of land.

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

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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 charges 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 charges against the respective premises or lots or parcels of land 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 charges as shown in the report.

G. The amount of the charges shall constitute a lien against the lot or parcel of land against which the charge 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 charges on bills for taxes levied against the respective lots and parcels of land. Thereafter the amount of the charges 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 charges.

J. The tax collector may, at the tax collector’s discretion, issue separate bills for such charges and separate receipts for collection on account of such charges.

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

(Ord. 1599, § 1 (part))

A. If the charge for any premises placed on the tax roll, or for any premises collected based upon billing, was less than what should be the charge therefor under the provisions of this chapter due to error, the balance of said charge shall be collected by a bill or invoice based on a detailed statement showing the basis of the calculations, the location of the premises 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 charge 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 premises 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 premises from the obligation of paying the balance of any storm drainage service charge for any premises owned by him or her.

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

C. The balance of the storm drainage service charge for such premises shall be due and payable on the date the bill or invoice referred to in this section is mailed.

(Ord. 1599, § 1 (part))

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 premises and other relevant information, showing the total monthly charge for the preceding six months from January to June and on or after January 1st, for the preceding six months from July to December for any premises the charge for which should be collected on the tax roll pursuant to Section 3.36.080A but was omitted from the report referred to in Section 3.36.080B, or premises the charge for which is collected pursuant billing.

B. An invoice may be rendered for a period of less than six months if the commencement date of charges 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 charge for such six months or less, and shall mail said bill or invoice to the person or persons listed as the owners of the premises 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 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 premises from the obligation of paying any storm drainage charge for any premises owned by him or her.

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

E. The storm drainage service charge for such premises shall be due and payable immediately upon receipt of the bill or invoice referred to in this section.

(Ord. 1599, § 1 (part))

The owner of any premises is and shall be responsible for payment of any and all storm drainage service charges applicable to premises 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 premises within thirty days after request of the Finance Director and ascertain from the Finance Director the amount and due date of any such charge applicable to premises owned by such owner and to pay such charge when due and payable. It also shall be and is hereby made the duty of all owners of all premises 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 charge. In particular, but not by way of limitation, an owner of any premises shall immediately inform the Finance Director of any sale or transfer of such premises by or to such owner.

(Ord. 1599, § 1 (part))

Except as otherwise provided elsewhere in this chapter, all storm drainage service charges shall be payable at the office of the Finance Director in the City Hall of the City.

(Ord. 1599, § 1 (part))

Except as otherwise provided elsewhere in this chapter, each storm drainage service charge shall be delinquent if not paid on or before the fortieth day immediately following the date upon which such storm drainage service charge became due and payable.

(Ord. 1599, § 1 (part))

Except as otherwise provided elsewhere in this chapter, whenever any storm drainage service charge becomes delinquent, there shall be imposed a penalty equal to one hundred percent of the amount as set forth under Section 3.36.030.

(Ord. 1599, § 1 (part))

If any owner disputes the amount of the charge in any bill or invoice, the owner shall, within thirty days from and after the date such bill or invoice is mailed, and no later, file a claim with the Finance 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 Finance Director, that such charge is in error and the correct amount thereof. If the Finance Director determines that the bill or invoice was in error, the Finance Director shall correct said bill. Failure to dispute the amount of the charge in accordance with this section shall be deemed acceptance of the correctness of the charge.

(Ord. 1599, § 1 (part))

It is the intent of the provisions of this chapter, in establishing different storm drainage service charges for different classes of premises, to establish higher charges for those classes of premises which derive greater benefit from, or impose greater burdens upon, the storm drainage system, or other benefits received by the storm drainage system, giving full consideration to other fees or taxes which may be paid by owners of the premises for the operation, maintenance, expansion, extension or development of the storm drainage system. If, with respect to any of said premises, the City Council should find that the charge applicable thereto is unfair or inequitable, then in that event the Council may by resolution, agreement or otherwise, establish a special storm drainage service charge for such premises, different from those above provided, and having a closer relationship to the benefit received, or burden placed, by such premises from or upon said storm drainage system, giving due consideration to other fees or taxes paid by such premises for said storm drainage system. However, any agreement or any such special storm drainage service charge may at any time be revoked or changed by resolution of the Council upon a finding that continuation of same would be unfair or inequitable under the circumstances.

(Ord. 1599, § 1 (part))

A. All revenues collected pursuant to the provisions of this chapter shall be placed into a special fund which is hereby created for such purpose and which shall be known as the “storm drainage service charge fund.” Such revenues may be used for the purpose specified in Section 3.36.010, and for no other purpose; provided, however, that moneys deposited in the fund may be used for direct and administrative costs of the City in collecting the storm drainage charges imposed by this part and for direct and indirect overhead costs of the City in performing any tasks, including, but not limited to, calculation of the benefits received by properties from the storm drainage system.

B. As used in this section, “direct costs” means wages and salaries and costs of employee fringe benefits incurred by the City, and mileage reimbursement attributable to said collection activities. As used in this section, “administrative costs” includes, but is not limited to all costs for computer service, materials, postage, supplies and equipment.

C. Notwithstanding subsections 3.36.170A and 3.36.170B, interest on revenues in the storm drainage service charge fund may be credited to the general fund of the City or to any other fund in the discretion of the City Council.

(Ord. 1599, § 1 (part))

Whenever any refunds should become owing by virtue of any relief granted by the City Council pursuant to the provisions of Section 3.36.150 or by virtue of any error made in ascertaining the charge applicable to any premises, the Finance Director is authorized to make such refunds and to expend for such purpose the moneys in the storm drainage service charge fund. Notwithstanding the provisions of Section 3.36.150, any claim for refund for charges collected under Section 3.36.080 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 or any amount determined to be refundable.

(Ord. 1599, § 1 (part))

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

(Ord. 1599, § 1 (part))

A. Notwithstanding other remedies, in the event of the failure of any owner to pay when due any storm drainage service charges applicable to premises owned by such owner, the City may enforce payment of such delinquent charges by instituting action in any court of competent jurisdiction to collect any charges 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 3.36.080.

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. 1599, § 1 (part))