Newark Municipal Code Art. V Stormwater System Cost Center

The city stormwater cost center is established to provide funding for the stormwater management and discharge control program. The stormwater cost center shall include:

A. All activities and resultant expenses required under the Alameda County Urban Runoff Clean Water Program;

B. All activities and resultant expenses required by National Pollutant Discharge Elimination System (NPDES) permit which authorizes and regulates discharge from the city's storm sewer system;

C. All activities and resultant expenses associated with the cleaning, maintenance and operation of the city storm sewer system and the maintenance and management of those facilities that potentially contribute pollutants to the city storm sewer system;

D. Capital expenses associated with the repair, replacement and capital improvement of the city storm sewer system;

E. All expenses associated with the maintenance, operation and capital requirements of any stormwater treatment system which may be prospectively required by federal and/or state law;

F. All expenses for any activities directly related to any of the foregoing.

(Ord. 291 (part), 1993)

For the purpose of the chapter, the following words and phrases shall have the following meanings:

"City storm sewer system" means and includes, but is not limited to, those facilities owned and operated by the city by which stormwater may be conveyed to waters of the United States, including any roads with drainage systems, municipal streets, catchbasins, curbs, gutter, ditches, and manmade channels or storm drains.

"Land use category" means that category of land use assigned to a parcel of real property as shown on the most current official assessment roll of the county assessor.

"Parcel" means a unit of real property in one ownership as shown on the most current official assessment roll of the county assessor.

"Parcel size" means the area of such a unit, measured in acres, as determined from records maintained by the county or the city.

"Runoff factor" means the indicator of stormwater generation of a parcel and is based on the average ratio of impervious area to total parcel area for a category of land use.

(Ord. 291 (part), 1993)

The city stormwater system cost center shall derive revenue from all of the following sources:

A. Reimbursements, grants and/or subventions made available through the Alameda County Urban Runoff Clean Water Program;

B. Reimbursements, grants and/or subventions made available by any other governmental entity for the purpose of supporting any of the activities of the city stormwater management and discharge control program;

C. Any other funds the city council directs to be allocated to the stormwater system cost center from money available to it including, but not limited to, money in its general fund;

D. Service charges assessed by the city in accordance with the provisions of this chapter.

(Ord. 291 (part), 1993)

Every person or entity owning real property within the city, or owning property not within the incorporated city limits, but discharging stormwater to the city storm sewer system, shall pay a service charge calculated in accordance with the provisions of Section 8.36.330.

(Ord. 291 (part), 1993)

Service charges shall be set from time to time by resolution of the city council and shall be calculated in a manner which distributes, as equitably as possible, storm sewer system costs to users of the system proportionate to the benefit received. In consideration of the fact that stormwater runoff and consequent storm sewer system loading is directly related to the physical size and impervious surface area of any parcel of land, those factors shall be utilized in the calculation of service charges. For the purpose of this section, impervious surface area shall be represented by the runoff factor established for parcels on the basis of use and as otherwise determined by the Alameda County Flood Control and Water Conservation District. In addition, other factors which disproportionately affect storm sewer system costs and which are attributable to any user or class of users may be utilized in the setting of rates for that user or class of users.

(Ord. 291 (part), 1993)

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 article, or who fail to remit any delinquent remittance under this article, 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.

(Ord. 291 (part), 1993)

A. Delinquent charges are made a lien upon the real property serviced by the storm sewer system.

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 city attorney may seek legal, injunctive or other equitable relief to enforce this article. In any such action, the city shall be entitled to reasonable attorney's fees and costs.

D. The remedies established in this article are cumulative and in addition to any other remedies available to the city for collection of the charges imposed herein.

(Ord. 291 (part), 1993)