ORDINANCE NO WHEREAS, in Chapter 166 Municipalities, Florida Statutes, the Florida State

Transcription

1 ORDINANCE NO AN ORDINANCE OF THE VILLAGE OF PINECREST, FLORIDA, AMENDING CHAPTER 25, STORMWATER UTILITY, OF THE CODE OF ORDINANCES RELATING TO THE VILLAGE S STORMWATER UTILITY AND COLLECTION METHODS; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, in Chapter 166 Municipalities, Florida Statutes, the Florida State Legislature conferred upon local governments the authority to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry; and WHEREAS, pursuant to Section , Florida Statutes, the Florida State Legislature also conferred upon local governments the authority to create stormwater utilities and adopt stormwater utility fees to plan, construct, operate and maintain stormwater management systems; and WHEREAS, on November 13, 2002, the Village of Pinecrest (the Village ) adopted Ordinance , establishing the Village s stormwater utility, which is codified in Chapter 25 of the Village s Code of Ordinances; and WHEREAS, the Village currently collects stormwater utility fees from all residential and nonresidential properties in the Village using a direct billing method; and WHEREAS, pursuant to Section (3), Florida Statutes, local governments may choose to collect stormwater utility fees using the uniform method to levy, collect, and enforce non-ad valorem assessments as provided for in Section , Florida Statutes (the Uniform Method ); and -1-

2 WHEREAS, the Village Council desires to have the option to use the Uniform Method to collect its stormwater utility fees from all residential and nonresidential properties in the Village pursuant to Section , Florida Statutes; and WHEREAS, the Village Council has determined that it is in the public interest to adopt regulations that incorporate use of the Uniform Method in collection of stormwater utility fees; and WHEREAS, the Village Council finds that adoption of this ordinance is in the best interest and welfare of the Village and its residents; NOW, THEREFORE, IT IS HEREBY ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF PINECREST, FLORIDA, AS FOLLOWS: 1 Section 1. Recitals. That the above recitals are true and correct and incorporated herein by this reference. Section 2. Village Code Amended. That Chapter 25 of the Code of Ordinances, Village of Pinecrest, Florida, is hereby amended to read as set forth in Exhibit A attached hereto and incorporated herein. Section 3. Codification. That it is the intent of the Village Council that the provisions of this ordinance shall become and be made a part of the Village s Code of Ordinances, and that the sections of this ordinance may be renumbered or relettered and the word ordinance may be changed to section, article, regulation, or such other appropriate word or phrase in order to accomplish such intentions. Section 4. Severability. That the provisions of this ordinance are declared to be severable and if any section, sentence, clause or phrase of this ordinance shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity 1 Coding: Strikethrough words are deletions to the existing words. Underlined words are additions to the existing words. Changes between first and second reading are indicted with highlighted double strikethrough and double underline. -2-

3 of the remaining sections, sentences, clauses, and phrases of this ordinance but they shall remain in effect, it being the legislative intent that this ordinance shall stand notwithstanding the invalidity of any part. Section 5. Conflicts. That all ordinances or parts of ordinances, resolutions or parts of resolutions, in conflict herewith, are repealed to the extent of such conflict. Section 6. Effective Date. That this ordinance shall be effective immediately upon adoption on second reading. PASSED on first reading this 7th day of November, PASSED AND ADOPTED on second reading this 12th day of December, ATTEST: Joseph M. Corradino, Mayor Guido H. Inguanzo, Jr., CMC Village Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY: Mitchell Bierman Village Attorney Motion on Second Reading by: Second on Second Reading by: Vote: -3-

4 EXHIBIT A -4-

5 Chapter 25 - STORMWATER UTILITY Sec Legislative intent and applicability. The purpose of this chapter is to implement the provisions of F.S (1), by creating a municipal stormwater utility and adopting stormwater utility fees sufficient to plan, construct, operate and maintain stormwater management systems set forth in the local program required pursuant to F.S (3). The provisions of this chapter shall be effective throughout the village. Sec Construction. This section shall be liberally construed to protect the public health, safety, and welfare and to effectuate the purposes set forth herein. Sec Creation of stormwater utility, governing body, and organization. (a) Creation of stormwater utility. There is hereby created and established by the authority of F.S (1), a municipal stormwater utility implementing the provisions of F.S (1), which shall be named and known as the "Village of Pinecrest Stormwater Utility" (hereinafter also referred to as the "utility"). The utility shall be a public body corporate and politic which, through its governing body, the village council, may exercise all those powers specifically granted herein, those powers granted by law and those powers necessary in the exercise of those powers herein enumerated. (b) Governing body and powers. The governing body of the utility shall be the village council. The utility, acting through the village council, shall be responsible for the operation, maintenance, and governance of a village-wide stormwater utility to plan, construct, operate and maintain stormwater management systems set forth in the local program required pursuant to F.S (3). The village council may create by ordinance one or more districts and subdistricts within the service area of the utility. (c) Director of the utility. The village manager shall be the director of the utility. (d) Organization and operating procedures. The organization and operating procedures of the utility shall be prescribed by administrative orders and regulations of the village manager. The village manager shall appoint such employees as may be necessary to operate the utility. The salaries and compensation of all personnel of the utility shall be determined by the village council upon the recommendation of the village manager. -5-

6 Sec Fees. The utility is hereby authorized and directed to establish, assess, and collect stormwater utility fees upon all residential developed property and all nonresidential developed property in the village, sufficient to plan, construct, operate, and maintain stormwater management systems set forth in the local program required pursuant to F.S (3). Such fees shall be in an amount set forth in administrative orders of the village manager subject to approval by the village council. (1) Residential assessments. Each residential developed property shall be assessed a stormwater utility fee calculated by multiplying the rate for one equivalent residential unit (ERU) by the number of the dwelling units on the parcel. (2) Nonresidential assessments. Each nonresidential developed property shall be assessed a stormwater utility fee calculated by multiplying the rate for one ERU by a factor derived by dividing the actual impervious area of the particular nonresidential developed property by the statistically estimated average horizontal impervious area of residential developed property per dwelling unit, to wit, the square footage base equivalent established for one ERU. Notwithstanding the foregoing, each nonresidential developed property classified by the Miami-Dade County Property Appraiser as land use type 71 shall be assessed a stormwater utility fee which is 50 percent of the fee for nonresidential developed property calculated as described in the preceding sentence. Sec Use of fee revenues. The fees payable hereunder shall be deposited in a separate village fund and shall be used exclusively by the utility to pay for the costs of planning, constructing, operating and maintaining the utility pursuant to F.S (3). No part of said fund shall be used for purposes other than the aforesaid. Sec Billings, late fees, notice and advance fees. (a) Billings and late fees. Fees shall be billed to the owner, tenant, or occupant of each developed property in accordance with the village manager's administrative orders. If the fees are not fully paid by said owner, tenant or occupant on or before the past due date set forth on the bill, a ten percent late charge may be added to the bill and imposed by the utility in accordance with regulations prescribed by the village manager. Any unpaid balance for such fees and late charges shall be subject to an interest charge at the rate of eight percent per annum. Imposition of said interest charge shall commence 60 days after the past due date of the fees set forth on the bill. (b) Debts due recoverable by utility. Fees and late charges, together with any interest charges, shall be debts due and owing the utility and all of same shall be recoverable by the village or its assignee, on behalf of the utility, in any court of competent jurisdiction. (c) Notice procedures for delinquent fees. The utility shall establish procedures to notify owners, tenants, occupants, and managers of developed property of delinquent fee accounts. -6-

7 (d) Advance fees. Subscribers to this service shall pay in advance a fee in an amount set forth in the administrative orders of the village manager. (e) Other collection methods. Notwithstanding the foregoing, the village, pursuant to Section (3), Florida Statutes, may use the non-ad valorem levy, collection, and enforcement method as provided for in Chapter 197, Florida Statutes for fees assessed pursuant to this Chapter. Sec Liens. All fees, late charges and interest accruing, thereupon due and owning to the utility which remain unpaid 60 days after the past due date of the fees shall become a lien against and upon the developed property for which the fees are due and owing to the same extent and character as a lien for a special assessment. Until fully paid and discharged, said fees, late charges, and interest accrued thereupon shall be, remain, and constitute a special assessment lien equal in rank and dignity with the liens of ad valorem taxes and superior in rank and dignity to all other liens, encumbrances, titles, and claims in, to or against the developed property involved for the period of five years from the date said fees, late charges, and interest accrued thereupon, become a lien as set forth in this chapter. Said lien may be enforced and satisfied by the village, on behalf of the utility, pursuant to F.S. ch. 173, as amended from time to time, or by any other method permitted by law. The lien provided for herein shall not be deemed to be in lieu of any other legal remedies for recovery of said fee, late charges, and accrued interest available in the village and to the utility. The section is not applicable to fees collected pursuant to Section 25-6(e) of this Chapter. (1) Notice. For fees which become more than 60 days past due and unpaid, the village or the utility shall cause to be filed in the office of the clerk of the Circuit Court of Miami-Dade County, Florida, a notice of lien or statement showing a legal description of the property against which the lien is claimed, its location by street and number, the name of the owner, and an accurate statement of the fees and late charges then unpaid. A copy of such notice of lien may be mailed within a reasonable time to the owner of the property involved as shown by the records of the tax collector of the county. (2) Satisfaction. Liens may be discharged and satisfied by payment to the village, on behalf of the utility, of the aggregate amounts specified in the notice of lien, together with interest accrued thereon, and all filing and recording fees. When any such lien has been fully paid or discharged, the village shall cause evidence of the satisfaction and discharge of such lien to be filed with the office of the clerk of the Circuit Court of Miami-Dade County, Florida. Any person, firm, corporation, or other legal entity, other than the present owner of the property involved, who fully pays any such lien shall be entitled to an assignment of lien and shall be subrogated to the rights of the village and the utility with respect to the enforcement of such lien. (3) Exemption to notice. Notwithstanding other provisions to the contrary herein, the village, on behalf of the utility, shall have the discretion not to file notices of lien for fees, late charges, and interest accrued thereupon in an amount less than $ If the village or -7-

8 the utility elects not to file a notice of lien, said fees, late charges, and accrued interest shall remain as debts due and owing in accordance with provisions of this chapter. (4) Certificates verifying amount of debt. The utility is authorized and directed to execute and deliver upon request written certificates certifying the amount fees, late charges and interest accrued thereupon, which are due and owing to the utility and the village, for any developed property which is subject to payment of said fees, or the utility may certify that no fees, late charges or accrued interest are due and owing. Said certificates shall be binding upon the village and the utility. -8-