San Jose Municipal Code Part 6 Storm Drainage Service Charges

Storm sewer service charges are hereby established for the purpose of: deriving adequate revenue for the acquisition, repair, rehabilitation, construction, reconstruction, maintenance and operation of the storm sewer system of the City of San José.

(Ords. 23781, 25890, 25891.)

The definitions set forth in this part shall govern the application and interpretation of this part.

(Ords. 23871, 25890, 25891.)

"Director" means the director of finance of the City of San José.

(Ords. 23871, 25890, 25891.)

"Land Area" means the size of a parcel, expressed in acres and fractional increments of one-one hundredth acres.

(Ords. 23871, 25890, 25891.)

"Parcel" is a lot or unit of land which is separately assessed for property tax purposes by the Santa Clara County tax collector; or if not subject to assessment by the tax collector, a lot or unit of land which may be lawfully sold as a separate parcel in conformity with the provisions of Title 19 of this Code.

(Ords. 23871, 25890, 25891.)

"Permeable surface area" means an area of land that is not covered by any impervious surface, through which rainwater can flow unobstructed to the soil.

(Ords. 23871, 25890, 25891.)

"Premises" means a parcel that is connected, directly or indirectly to, or served by the storm sewer system.

(Ords. 23871, 25890, 25891.)

The amount of the storm sewer service charge imposed as to any person or parcel shall not exceed the proportional cost of storm sewer service provided to that person or parcel.

(Ords. 23871, 25890, 25891.)

All premises connected to the storm sewer system shall be categorized by the director as either residential premises, or non-residential premises, for the purpose of calculating the applicable storm sewer service charges; and within these categories, all premises shall be further categorized as follows:

A. Residential premises.

1. Single family premises - a single parcel which is designed, improved or used as a residence for one family only, and which is not designed, improved or used for any other purpose.

2. Two family premises - a single parcel which is designed, improved or used as a residence for two families and no more, and which is not designed, improved or used for any other purpose.

3. Small multiple family premises - a single parcel which is designed, improved or used as a residence for three or four families and not more, and which is not designed, used or improved for any other purposes.

4. Condominium premises - a single dwelling unit in a building or structure used or designed as a residence for more than one family, which may be lawfully sold as a separate parcel in conformity with the provisions of Title 19 of this Code, and may include an undivided interest in a separate parcel, known as a "common area".

5. Large multiple family premises - a single residential unit in a parcel or lot that contains more than four residential units.

6. Mobilehome premises - a structure transportable in one or more sections, designed and equipped to contain not more than one dwelling to be used with or without a foundation system, when connected to required utilities, and which is located on a parcel where two or more mobilehome lots are rented or leased or held out for rent or lease to accommodate mobilehomes used for permanent occupancy.

B. Non residential premises.

1. Church premises - a parcel designed, improved or used exclusively for religious worship purposes, which is exempt from property taxation under the constitution of the state of California.

2. College/university premises - a parcel designed, improved or used for the purpose of providing comprehensive advanced education services.

3. Small commercial, light industrial and miscellaneous premises - a parcel which is (a) designed, improved or used for any purpose or purposes other than residential, heavy industrial, schools, churches, colleges and universities, parking facility or open space (b) .2 acres or less in size; and (c) contains no outdoor storage and either has no on-site parking or fewer than fifty percent of the number of on-site parking spaces that would be required under the current zoning designation for the use that exists on the parcel.

4. Mid-size and large commercial, light industrial and miscellaneous premises - a parcel which is designed, improved or used for any purpose or purposes other than residential, heavy industrial, schools, churches, colleges and universities, parking facility, open space or small commercial, light industrial and miscellaneous premises.

5. Heavy industrial premises - a parcel designed, improved or used for the purpose of operating the type of facility covered by the general industrial activities stormwater permit adopted by the state of California pursuant to the federal clean water act.

6. Open space premises - a parcel that is unimproved with any building or structure or impervious surface, including but not limited to a vacant parcel.

7. Parking facility premises - a parcel designed, improved or used for parking of licensed motor vehicles.

8. School premises - a parcel designed, improved or used for the purpose of providing comprehensive primary or secondary education services.

(Ords. 23871, 25890, 25891, 26634.)

Whenever a parcel is designed, improved or used for two or more uses for which different storm sewer service charges are applicable, the charge shall be the sum of the charges for each use, as separately calculated for the land area covered by each use; provided, however that only non-residential parcels may be considered as partially in use as open space premises, and then only where:

A. More than fifty percent of the land area of the parcel is permeable surface area, or

B. The permeable surface area of the parcel exceeds one acre.

The burden of proof shall be on the property owner to establish that a non-residential parcel is a mixed use parcel.

(Ords. 23871, 25890, 25891, 26634.)

Whenever two or more adjacent non-residential parcels are designed, improved and used for a single common use, the charge shall be calculated as if all such parcels were one parcel, by totaling the land area for all such parcels for the purpose of determining the applicable "surface runoff operating charge" and "surface runoff capital charge" and adding a single "quality charge." The burden of proof shall be on the property owner to establish that adjacent non-residential parcels are designed, improved and used for a single common use.

(Ord. 26634.)

A. The storm sewer charges for all premises connected to or served by the storm sewer system shall consist of three components, a "surface runoff operating charge," a "surface runoff capital charge" and a "quality charge."

B. The quality charge, the surface runoff operating charge and the surface runoff capital charge for residential premises shall be calculated on the basis of the cost of providing storm sewer services to residential premises.

C. The quality charge, the surface runoff operating charge and the surface runoff capital charge for non-residential premises shall be calculated on the basis of the cost of providing storm sewer services to non-residential premises.

D. The allocation of the total costs of providing storm sewer service that is to be collected through the quality charge, the surface runoff operating charge, and the surface runoff capital charge shall be consistent with the breakdown of estimated expenditures for the cost of providing storm sewer services as set forth in the annual budget that is submitted by the city manager and passed by the city council.

E. The quality charge shall be a flat fee, separately established by council resolution for each category of premises served by or connected to the storm sewer system.

F. For all residential premises, the surface runoff operating charge and the surface runoff capital charge shall be a flat fee, separately established by council resolution for each category of residential premises served by or connected to the storm sewer system.

G. For all non-residential premises, the surface runoff operating charge and the surface runoff capital charge shall be per acre charges, separately established by council resolution for each category of non-residential premises served by or connected to the storm sewer system.

H. For each residential premises, the storm sewer service charge shall be the sum of the quality charge, the surface runoff operating charge, and the surface runoff capital charge, established by council resolution for that type of premises.

I. For each non-residential premises, the storm sewer charge shall be calculated by the director, by multiplying the sum of the surface runoff operating charge and surface runoff capital charge, as established by the council resolution for that type of premises, times the land area of the premises, and adding the quality charge for that type of premises, as established by the council resolution.

(Ords. 23871, 25890, 25891.)

A. For all parcels on the property tax roll of the County of Santa Clara, storm sewer service charges for each fiscal year shall be 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. At least fifteen days in advance of the last council meeting before the city is required to provide the tax assessor with the amount of the storm sewer service charges for the purpose of placing the storm sewer service charges on the property tax roll, the director is hereby directed to prepare and file with the city clerk a written report describing all parcels served by the storm sewer system, for which storm sewer charges are to be collected on the tax roll, and the amount of the storm sewer service charges for each such parcel for the forthcoming fiscal year, computed in conformity with the provisions of this part and the council resolution establishing the storm sewer service charges for the forthcoming fiscal year.

C. In the event that the director fails to include a parcel served by or connected to the storm sewer system, in any required report to the city clerk, the storm sewer service charge for that parcel for the forthcoming fiscal year shall be collected in the same manner as for parcels not on the tax roll.

D. On or before the date that the city is required to provide the tax assessor with the amount of the storm sewer service charges for the purpose of placing the storm sewer service charges on the property tax roll, the city clerk shall file with the director a copy of the director's report with a statement endorsed thereon over the city clerk's signature indicating the final action on the report taken by the city council.

E. The director shall upon receipt of the clerk's statement, cause the charges to be placed on the property tax roll and collected by the County of Santa Clara for the City of San José, as hereinafter provided. The county's tax collector shall enter the amounts of the charges against the respective parcels as they appear on the current assessment roll. To the extent allowed by law, where any such parcels are outside the boundaries of the City of San José, they shall be added to the assessment roll of the city for the purpose of collecting such charges. 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.

F. The amount of the charges shall constitute a lien against the parcel against which the charge has been imposed as of noon on the tax lien date then in effect for that fiscal year.

G. 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.

H. 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.

I. If any premises connected to or served by the storm sewer system are omitted from the above-mentioned report or 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 sewer service charge for such premises shall be collected in the manner provided elsewhere in this part. 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 part, the balance of such charge shall be collected in the manner provided elsewhere in this part.

(Ords. 23871, 25890, 25891.)

A. For all parcels not on the tax roll, and for all parcels omitted by the director from the report to the city clerk that is required by Section 15.16.1410, the director shall prepare and mail a bill showing the total storm sewer service charge for that fiscal year, computed in conformity with the provisions of this part and the council resolution establishing the storm sewer service charges for that fiscal year.

B. The director shall mail the bill to the person or persons listed as the owners of the parcel on the last equalized assessment roll of the County of Santa Clara 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 are known to the director.

C. The storm sewer service charges for such premises shall be due and payable on the date the bill is mailed.

D. Notwithstanding subsection C. above, if the bill as to any one parcel exceeds one thousand dollars, at the option of the property owner, and provided that one-half the bill is paid when due and a written request to pay in installments is provided to the director with the bill payment, the due date for the remaining one-half of the bill shall be extended for five calendar months.

(Ords. 23871, 25890, 25891.)

A. In the event that storm sewer service charges for the parcels identified in the director's report do not exceed the storm sewer service charges previously noticed for those parcels, the following notice and hearing procedures shall apply.

1. The city clerk shall cause notice of the filing of the director's 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 the 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 of publication and terminates at the end of the fourteenth day.

2. At the time stated in the notice, the city council shall hear and consider all objections or protests, if any, to the report referred to in the notice, and may continue the hearing from time to time.

3. Upon the conclusion of the hearing, the city council may adopt, reduce, or modify any charge or overrule any or all objections, provided that in no event may any charge be increased without following the procedure set forth in subsection B. below.

4. The city council shall make its determination upon each charge as described in the report, which determination shall be final.

B. In the event that the storm sewer service charge for any parcel exceeds the storm sewer service charge previously noticed for that parcel, notice and hearing shall be provided for the increase in accordance with any requirements imposed under state law.

(Ords. 23871, 25890, 25891.)

A. If the charge for any parcel placed on the tax roll, or collected based upon billing, was less than the charge should be under the provisions of this Part 6 due to error, the balance of the charge shall be collected by a bill based on a detailed statement showing the bases of the calculations, the location of the premises and other relevant information.

B. The director shall mail the bill and detailed statement to the person or persons listed as the owners of the premises on the last equalized assessment roll of the County of Santa Clara 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 are known to the director.

C. The balance of the storm sewer service charge for such parcel shall be due and payable immediately on the date of the bill referred to in this section.

(Ords. 23871, 25890, 25891.)

A. The owner of any parcel is and shall be responsible for payment of any and all storm sewer service charges applicable to a parcel owned by such owner.

B. Failure to mail any bill or invoice, or failure of any owner to receive any such bill or invoice, shall not excuse the owner of any parcel from the obligation of paying any storm sewer service charge for any parcel owned by such owner.

C. Upon request of the director, an owner shall provide to the director information sufficient to calculate the land area of the parcel.

D. All parcel owners shall immediately inform the director of any change(s) in any circumstances, which will in any way affect the applicability of the storm sewer service charge applicable to their parcel, or the amount of any such charge, including but not limited to any sale, transfer or change in use of the parcel.

(Ords. 23871, 25890, 25891.)

Except as otherwise provided elsewhere in this Part 6, all storm sewer service charges shall be payable at the location designated by the director.

(Ords. 23871, 25890, 25891.)

Except as otherwise provided elsewhere in this Part 6, each storm sewer service charge bill shall be delinquent if not paid on or before the fortieth day immediately following the date upon which such storm sewer service charge bill became due and payable.

(Ords. 23871, 25890, 25891.)

Except as otherwise provided elsewhere in this Part 6, whenever any storm sewer service charge bill becomes delinquent, there shall be imposed a penalty equal to ten percent of the delinquent amount.

(Ords. 23871, 25890, 25891.)

A. If any owner disputes the amount of the charge in any bill, including but not limited to any bill collected on the tax roll, the owner shall, within thirty days after the date such bill or invoice is mailed and no later, file a claim disputing the bill with the director accompanied by detailed supporting factual data in support of the claim.

B. It shall be the duty of each owner to prove to the director that such bill or invoice is in error and the correct amount thereof. If the director determines that the bill or invoice was in error, the director shall correct the bill, and if the bill has been paid, issue a refund.

C. Failure to dispute the amount of the charge in accordance with this section shall be deemed acceptance of the correctness of the charge.

D. The city shall not be liable for interest on any amount determined to be refunded.

(Ords. 23871, 25890, 25891.)

Incorrect categorization of property for billing purposes, or use of an incorrect land area for the purpose of calculating a non-residential storm sewer service charge that is not the actual shall be considered a clerical error or arithmetic miscalculation, subject to the correction and refund provisions of Section 1.17.030 of this Code. The city shall not be liable for interest on any amount determined to be refunded.

(Ords. 23871, 25890, 25891, 26634.)

A. It is the intent of the provisions of this Part 6, in establishing different storm sewer service charges for different categories of premises, to allocate the costs of the storm sewer system in a manner that does not exceed the proportional cost of the service attributable to each parcel giving full consideration to other fees or taxes which may be paid by owners of any premises for the expansion, extension or development of the storm sewer system.

B. If, with respect to any parcel, the city council should find that the charge applicable thereto is greater than the proportional cost of service attributable to the parcel, then in that event the council may by resolution, agreement or otherwise, establish a special storm sewer service charge for such premises, different from those above provided, and having a closer relationship to the proportional costs of service attributable to the premises.

C. Any such special storm sewer service charge may at any time be revoked or changed by resolution of the council upon a finding that continuation of the special storm sewer service charge would be unfair or inequitable under the circumstances.

(Ords. 23871, 25890, 25891.)

The director of public works, the director of environmental services and, the director of finance 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 services provided by the storm sewer system as may be allowed by law.

(Ords. 23871, 25890, 25891.)

A. Notwithstanding other remedies, in the event of the failure of any owner to pay when due any storm sewer service charges applicable to parcel 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 15.12.550.

C. Remedies under this section are in addition to and do not supersede or limit any and all other remedies, civil and criminal.

(Ords. 23871, 25890, 25891.)