Modesto Municipal Code Art. 6 Funding

Each person owning property within the City limits shall pay a storm drainage user charge to the City in accordance with rates and charges as established by the Council from time to time in accordance with law. Property owners shall remain responsible for the cost of storm management and quality control on their property. The Council shall have the power to establish, by agreement or resolution, the rate or rates to be charged and the method of collecting the storm drainage user charge for properties outside the boundaries of the City limits for those properties which discharge into the City's MS4.

(Ord. 3355 § 1, effective 10-8-04)

(a) Council shall, from time to time, establish by resolution a schedule of industrial and commercial activities fees. These fees shall apply to parcels which are required by Federal law to obtain a National Pollutant Discharge Elimination System (NPDES) permit regulating the discharge of storm water and surface water from the site of an industrial activity. The fees shall correspond to the costs expended by the City in monitoring the discharge from such a site of industrial activity for compliance with the conditions of its NPDES permit, as well as any costs associated with damage to or degradation of City's MS4.

(b) Council shall, from time to time, establish by resolution a schedule of industrial and commercial activities fees. These fees shall apply to all other industrial and commercial parcels within the City of Modesto. The fees shall correspond to the costs expended by the City in monitoring the discharge from such a site of industrial activity for compliance with the conditions of its NPDES permit, as well as any costs associated with damage to or degradation of City's MS4.

(Ord. 3355 § 1, effective 10-8-04)

(a) Council shall, from time to time, establish by resolution a schedule of construction activities fees. These fees shall apply to parcels which are required by Federal law to obtain a National Pollutant Discharge Elimination System (NPDES) permit regulating the discharge of storm water and surface water from the site of construction activity. The fees shall correspond to the costs expended by the City in monitoring the discharge from such a site of construction activity for compliance with the conditions of its NPDES permit, as well as any costs associated with damage to or degradation of City's MS4.

(b) Council shall, from time to time, establish by resolution a schedule of construction activities fees. These fees shall apply to parcels which are required to have a permit as issued by the City for construction activity. The fees shall correspond to the costs expended by the City in monitoring the discharge from such a site of construction activity for compliance with the conditions of its NPDES permit, as well as any costs associated with damage to or degradation of City's MS4.

(Ord. 3355 § 1, effective 10-8-04)

Council shall, from time to time, establish by resolution a schedule of new development and redevelopment activity fees. These fees shall apply to parcels which are new development or redevelopment projects within the City. The fees shall correspond to the costs expended by the City and plan review monitoring the discharge and inspection from such sites for compliance with the conditions of its NPDES permit, as well as any costs associated with damage to or degradation of City's MS4.

(Ord. 3355 § 1, effective 10-8-04)

(a) The City's Finance Director is authorized to have the charges imposed by this article collected by the county in conjunction with the county's collection of property tax revenues for the City. In the event that the county collects the charges imposed by this article, the imposition of penalties, additional fees and interest upon owners who fail to remit any charge imposed by this chapter, or who fail to remit any delinquent remittance under this chapter, shall be subject to and governed by the rules, regulations and procedures utilized by the county in its collection of property taxes and charges for the City, and in its collection of this additional charge for the City.

(b) Every penalty imposed and such interest as accrues under the provisions of this article shall become a part of the charges herein required to be paid.

(c) Every assessment, cost, fee, charge, penalty, or other monies collected under this chapter shall be paid to the City to be used exclusively for costs associated with monitoring and establishing storm water discharge pollution control systems and/or implementing or enforcing the provisions of this chapter.

(Ord. 3355 § 1, effective 10-8-04)

(a) Lien. Any and all monetary penalties, charges, fees, or other costs incurred for violation of this chapter may be billed to the owner of the property. If the invoice remains unpaid for sixty (60) days, a lien shall be placed upon and against such premises, and any steps authorized by law may be taken by the City to enforce payment of such lien.

(b) The amount of any charge, penalty, and interest imposed under the provisions of this article shall be deemed a debt to the City.

(c) The remedies established in this article are cumulative and in addition to any other remedies available under this chapter for collection of the charges, penalties and fees imposed herein.

(Ord. 3355 § 1, effective 10-8-04)

If the City prevails in any administrative, civil, or criminal proceeding initiated under this chapter, the City shall be entitled to seek reimbursement for all costs incurred in connection with such proceeding. In any such action, the City shall be entitled to reasonable reimbursement to include its costs of investigation, administrative overhead, out-of-pocket expense, cost of administrative hearings, attorney's fees, and costs of lawsuit.

(Ord. 3355 § 1, effective 10-8-04)