El Cerrito Municipal Code Ch. 4.44 Storm Drain Fees and Charges

On March 2, 1993, the qualified voters of the city approved the issuance of revenue bonds in an amount not to exceed $6.3 million to finance the first phase of the city's storm drain system reconstruction. The qualified voters also approved the repayment of those bonds through the imposition of an annual storm drain fee and charge on single-family residences and other classes of property in the city.

Sections 5470, et seq. of the California Health and Safety code authorizes cities to enact an ordinance, approved by a two-thirds vote of the members of the legislative body, establishing fees and charges for services and facilities furnished by the city in connection with its storm drain system. The proceeds of these fees and charges may be used only for the acquisition, construction, reconstruction, maintenance and operation of these storm drain facilities, including the repayment of principal and interest on bonds issued for the construction or reconstruction of storm drain facilities.

Pursuant to the authority contained in Sections 5470, et seq. of the California Health and Safety Code, the city council does hereby establish the storm drain fees and charges contained herein. The city council further provides for the method and collection of those storm drain fees and charges.

The storm drain fees and charges provided for herein shall be used exclusively for the uses and purposes of the storm drain system and for the payment of interest and redemption, including premiums payable from the calling of bonds, for those bonds authorized by the qualified voters on March 2, 1993, and for the payment of interest and redemption, including premiums payable from the calling of bonds, for any other bonds for storm drain construction or reconstruction which may be authorized in the future provided that such bonds are approved in the manner required by California law.

(Ord. 93-4 Div. 1 (part), 1993.)

The amounts and rates for storm drain fees and charges authorized under this chapter shall be as follows:

(Ord. 93-4 Div. 1 (part), 1993.)

A. The storm drain fees and charges authorized in this chapter shall be collected on the tax roll in the same manner, by the same persons, and at the same time as, together with and not separately from, the city's general taxes.

B. The city council shall have prepared each year, prior to the commencement of the fiscal year, a written report which shall be filed with the city clerk. The report shall contain a description of each parcel of real property receiving storm drain services and the amount of the annual fee and charge for each parcel. This charge shall be computed in conformity with the fees and charges prescribed in this chapter.

(Ord. 93-4 Div. 1 (part), 1993.)

Each year, prior to the commencement of the fiscal year, the city council shall hold a public hearing at which the council shall hear and consider all objections and protests, if any, to the written report. The city council may continue the hearing from time to time. If the city council finds that protest is made by the owners of a majority of the parcels of property described in the report, then the report shall not be adopted. In the event of such majority protest, the storm drain fees and charges shall be collected with the rates for any other publicly or privately owned public utility through agreement with such utility. If collected in this manner, the storm drain fees and charges shall not constitute a lien against any parcel or parcels of land

(Ord. 93-4 Div. 1 (part), 1993.)

A. Notice of the filing of the report and of the time and place of hearing thereon, shall be published once a week for two consecutive weeks prior to the hearing, in a newspaper of general circulation printed, published or distributed in the city.

B. Notice of the first hearing on the collection of the storm drain fees and charges on the tax rolls shall also be mailed to each person to whom any parcel or parcels of real property described in the report is assessed in the last equalized assessment roll available on the date said report is prepared, at the address shown on said assessment rolls or as known to the city clerk.

(Ord. 93-4 Div. 1 (part), 1993.)

Upon the conclusion of the hearing, the city council may adopt, revise, charge, 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.

(Ord. 93-4 Div. 1 (part), 1993.)

On or before the tenth day of August of each year following the final determination of the city council, the city clerk shall file with the county auditor a copy of the written report with a statement endorsed thereon over his or her signature that it has been finally adopted by the city council. The city clerk shall direct the county auditor to enter, in accordance with Section 5473.4 of the California Health and Safety Code, the amounts of the charges against the respective lots or parcels of land as they appear on the current assessment roll. Where any such parcels are outside the boundaries of the city, they shall be added to the assessment roll of the city for the purpose of collecting the storm drain fee and charge. If the property is not described on the roll, the county auditor may enter the description thereon together with the amount of the fees and charges, as shown in the report.

(Ord. 93-4 Div. 1 (part), 1993.)

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

(Ord. 93-4 Div. 1 (part), 1993.)

The tax collector shall include the amount of the fee and charges on bills for taxes levied against the respective lots and parcels of land in the city. All laws applicable to the levy, collection and enforcement of general taxes of the city, including, but not limited to, those pertaining to the matters of delinquency, correction, cancellation, refund and redemption, are applicable to such charges.

(Ord. 93-4 Div. 1 (part), 1993.)

There shall be imposed a basic penalty of ten percent for nonpayment of charges within the time and in the manner prescribed herein, and in addition there shall be imposed a penalty of one and one-half percent per month for nonpayment of the charges and basic penalty. Collection of the penalties herein provided for shall be the same as provided in Section 4.44.090.

(Ord. 93-4 Div. 1 (part), 1993.)