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Ordinance No. 2023-18 Amending Chapter 30 Providing for Collection of Stormwater Utility Fee Using Uniform Method of Collection - November 7, 2023 CITY OF AVENTURA ORDINANCE NO. 2023-18 AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING CERTAIN SECTIONS OF CHAPTER 30, ARTICLE III, DIVISION 2 ENTITLED STORMWATER UTILITY SYSTEM, OF THE CITY CODE OF ORDINANCES, PROVIDING FOR THE COLLECTION OF THE STORMWATER UTILITY FEE USING THE UNIFORM METHOD OF COLLECTION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, in October of 2023, the City of Aventura passed a resolution allowing for the collection of stormwater fees using a uniform method of collecting non-ad valorem assessments; and WHEREAS, subsequent to passage of the City's resolution, the City executed an interlocal agreement with Miami-Dade County to include the City's stormwater fees on the County tax bills; and WHEREAS, the City would like to amend Chapter 30, Article III, "Stormwater" of the City of Aventura Code of Ordinances to provide for the collection of the Stormwater Utility Fee as provided for by Section 197.3632, Florida Statutes, as may be amended (the "Uniform Method of Collection Act"); and WHEREAS, the City has determined that the amendments to Chapter 30 of the City of Aventura Code of Ordinances are in the best interests of the City. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS: Section 1. Recitals Adopted. That each of the above stated recitals are hereby adopted and confirmed. Section 2. City Code Amended. That Chapter 30 "Environment," Article III "Stormwater," Division 2 "Stormwater Utility System" is hereby amended as follows': Chapter 30 — Administration Article III — Stormwater Division 2. — Stormwater Utility System Underlined provisions constitute proposed additions to existing text. Remaining provisions are now in effect and remain unchanged. City of Aventura Ordinance No. 2023-18 Sec. 30-91. - Purpose; authority. Sec. 30-92. - Definitions. The following, when used in this division, shall have the meanings ascribed in this section, except where the context clearly indicates a different meaning: Developed property shall mean any parcel of land that contains an impervious area. Dwelling shall mean any building that is wholly or partly used or intended to be used for living, sleeping, cooking and eating. Dwelling unit shall mean any room or group of rooms located within a dwelling and forming a single habitable unit with facilities used or intended to be used for living, sleeping, cooking and eating. ERU (Equivalent Residential Unit) shall mean the statistically estimated average of impervious area of residential developed properties per dwelling unit. This estimated average (which equals 1 ,548 square feet) is calculated by dividing the total estimated impervious area of residential properties by the estimated total number of dwelling units. Impervious area shall mean the horizontal ground surface that is incapable of being penetrated by rainwater. This shall include, but not be limited to, all structures, roof extensions, slabs, patios, porches, driveways, sidewalks, parking areas, swimming pools, athletic courts and decks. Nonresidential developed property shall mean any parcel of land that contains an impervious area and that is classified by the Dade County Property Appraiser as land use types 10 through and including 99, as set forth in Florida Administrative Code Rule 12D- 8.008(2)(c), as amended from time to time. Residential developed property shall mean any parcel of land that contains an impervious area and is classified by the Dade County Property Appraiser as land use types 00 through and including 09 as set forth in Florida Administrative Code Rule 12D- 8.008(2)(c), as amended from time to time. Stormwater shall mean the surface water runoff that results from rainfall. Page 2 of 6 Underlined provisions constitute proposed additions to existing text. Remaining provisions are now in effect and remain unchanged. City of Aventura Ordinance No. 2023-18 Stormwater infrastructure shall mean the structural, non-structural or natural features of a parcel of land or watershed which collect, convey, store, absorb, inhibit, treat, use, reuse, or otherwise affect the quantity or quality of stormwater. Storm water management system (or the system) shall have the meaning specified by F.S. § 403.031(16), as amended from time to time. Stormwater utility shall have the meaning specified by F.S. § 403.031(17), as amended from time to time. Stormwater utility fee shall have the meaning specified by F.S. § 403.0893, as amended from time to time. Stormwater utility fund shall mean that separate fund established by the City for the deposit and use of all stormwater utility fees collected. Uniform Method of Collection Act shall mean F.S. � 197.3632, as amended from time to time. Watershed shall have the meaning specified by F.S. § 403.031(18), as amended from time to time. Sec. 30-93. - Findings and determinations. Sec. 30-94. - Stormwater utility fee. (a) A stormwater utility fee is hereby assessed against each developed property within the City for services and facilities provided by the stormwater management system. The rate per ERU to be used in calculating stormwater utility fees shall be set by resolution of the City Commission after a public hearing, and if collected using the Uniform Method of Collection Act, such resolution and public hearing shall be noticed, and adopted in accordance with F.S. �197.3632(4)(a), (b) and (c). The City Manager or his/her designee is directed to prepare list of lots and parcels within the City and to assign a classification of single-family dwelling unit, multi- family dwelling unit, or nonresidential developed property to each lot or parcel. If the City is using the Uniform Method of Collection Act to provide for the collection Page 3 of 6 Underlined provisions constitute proposed additions to existing text. Remaining provisions are now in effect and remain unchanged. City of Aventura Ordinance No. 2023-18 of the Stormwater utility fee, then the City Manager or his/her designee is directed to prepare a preliminary non-ad valorem assessment roll, in accordance with �197.3632(4). (c) The following procedures and criteria are to be used to calculate stormwater utility fees: (1) Each single-family dwelling unit, multi-family dwelling unit and nonresidential developed property shall be assessed a stormwater utility fee calculated by multiplying the rate for one ERU by the number of ERUs provided in subsections 30-94(b)(1), (2) and (3), respectively. (2) The fees owed to the City and collected by the Metropolitan Dade County Water and Sewer Authority Department (MDWASA) with respect to the stormwater utility, together with investment earnings thereon, shall be deposited in the stormwater utility fund and shall be used exclusively for planning, constructing, financing, operating and maintaining the stormwater utility and the infrastructure of the stormwater management system. The City may pledge such fees as security for indebtedness incurred by it in connection with the stormwater utility and the stormwater management system. (3) If the Stormwater Utility fees are collected on the tax bill using the Uniform Method of Collection Act, upon receipt thereof from the tax collector of Miami-Dade County with respect to the stormwater utility fees together, shall be deposited in the stormwater utility fund and shall be used exclusively for planning, constructing, financing, operating and maintaining the stormwater utility and the infrastructure of the stormwater management system. The City may pledge such fees as security for indebtedness incurred by it in connection with the stormwater utility and the stormwater management system. Page 4 of 6 Underlined provisions constitute proposed additions to existing text. Remaining provisions are now in effect and remain unchanged. City of Aventura Ordinance No. 2023-18 Sec. 30-95. - Collection of stormwater utility fee; liens. (m) Notwithstanding the foregoing, if the City is using the Uniform Method of Collection Act for the collection of the Stormwater Utility Fees, such Stormwater Utility Fees shall be subject to all collection provisions of chapter 197, Florida Statutes, including provisions relating to discount for early payment, prepayment by installment method, deferred payment, penalty for delinquent payment, and issuance and sale of tax certificates and tax deeds for nonpayment. Section 3. Severability. 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 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 4. Effective Date. This Ordinance shall be effective immediately upon adoption on second reading. The foregoing Ordinance was offered by Commissioner Kruss, who moved its adoption on first reading. The motion was seconded by Commissioner Friedland, and, upon being put to a vote, the vote was as follows: Commissioner Rachel S. Friedland Yes Commissioner Billy Joel Yes Commissioner Paul A. Kruss Yes Commissioner Dr. Linda Marks Yes Commissioner Michael Stern Yes Vice Mayor Amit Bloom Yes Mayor Howard S. Weinberg Yes Page 5 of 6 Underlined provisions constitute proposed additions to existing text. Remaining provisions are now in effect and remain unchanged. City of Aventura Ordinance No. 2023-18 The foregoing Ordinance was offered by Commissioner Joel, who moved its adoption on second reading. This motion was seconded by Commissioner Friedland, and upon being put to a vote, the vote was as follows: Commissioner Amit Bloom Yes Commissioner Rachel S. Friedland Yes Commissioner Billy Joel Yes Commissioner Dr. Linda Marks Yes Commissioner Michael Stern Yes Vice Mayor Paul A. Kruss Yes Mayor Howard S. Weinberg Yes PASSED on first reading this 3rd day of October, 2023. PASSED AND ADOPTED on second reading this 7th day of November, 2023. I�IdWARD S. WEINBERG, ESQ. MAYOR ATTEST: ELLISA L. HORVATFT, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY Page 6 of 6 Underlined provisions constitute proposed additions to existing text. Remaining provisions are now in effect and remain unchanged.