Monterey Municipal Code Art. 1 Storm Water Management Utility and Funding

(Ord. 3720 § 3, 2026)

* Code reviser’s note: Ordinance 3720 adds the provisions of this chapter as §§ 31.5-1 through 31.5-5 and 31.5-9. The sections have been editorially renumbered to prevent duplication of numbering.

The purpose of this Article is to establish a storm water management utility and a property-related fee to fund the operation, maintenance, and improvement of the City’s storm drain system, to reduce flood risk, and to comply with applicable water quality regulations, including the National Pollutant Discharge Elimination System permit requirements. (Ord. 3720 § 3, 2026)

a.The City establishes a storm water management service as a municipal utility service provided to parcels within the City.

b.The service includes, but is not limited to:

1.Operation, maintenance, repair, and replacement of storm drainage facilities.

2.Flood protection and runoff conveyance.

3.Stormwater quality management and regulatory compliance.

4.Planning, design, and construction of capital improvements.

5.Inspection, monitoring, and enforcement activities. (Ord. 3720 § 3, 2026)

a.A storm water utility fee is established to recover the reasonable cost of providing storm water services. The purpose of the fee is to provide for the costs and expense of improving the water quality of storm and surface water runoff; maintaining and operating storm and surface water control facilities; planning, permitting, designing, establishing, acquiring, developing, constructing, or improving storm and surface water management facilities or improvements; or paying or securing the payment of any indebtedness incurred for such purpose. The fee shall be imposed on parcels within the City and shall not exceed the proportional cost of service attributable to each parcel.

b.The City Council may levy the storm water utility fee via resolution, consistent with all applicable law, including but not limited to California Constitution, Article XIII D, Section 6. (Ord. 3720 § 3, 2026)

a. Collection of Charges Based on Direct Billing.

1.The Finance Director, or designee, shall prepare a detailed statement showing the applicable monthly storm water service fee every other month or on such other regular basis as established by the Finance Director.

2.The Finance Director, or designee, shall prepare an invoice showing the total charge and mail it to the owner of the premises identified on the last equalized assessment roll of the County of Monterey at the address shown on such assessment roll. 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 water service fee for any premises owned by them.

3.The storm water service fee shall be due and payable within 30 days of the date the bill or invoice is mailed. A storm water service fee shall be delinquent if not paid within 30 days after mailing the invoice. Any delinquency will incur a 10 percent penalty charge on the delinquent amount.

b. Collection of Charges With General Taxes.As an alternative procedure to subsection (a) of this section, the storm water service fee may be collected for each fiscal year 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 general taxes of the City. For any fiscal year that the storm water service fee is not collected on the tax roll, the City may collect all or a portion of the storm water service fee for such year on the tax roll in the following fiscal year or years. (Ord. 3720 § 3, 2026)

A Storm water Fund is hereby established. All revenues derived from the storm water utility fee shall be deposited into the fund. Revenues shall be used solely for storm water-related purposes, including operation, maintenance, capital improvements, regulatory compliance, and administration. (Ord. 3720 § 3, 2026)

Any person aggrieved by a determination related to the storm water service fee may appeal in accordance with the City’s administrative procedures set forth in Chapter 1 of this code. The City may adopt additional procedures by resolution to administer the fee. (Ord. 3720 § 3, 2026)