97-18 ORDINANCE NO. 97-18
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA,
ESTABLISHING A STORMWATER UTILITY SYSTEM FOR
THE CITY; PROVIDING FOR DEFINITIONS; MAKING
CERTAIN FINDINGS AND DETERMINATIONS;
ESTABLISHING A STORMWATER UTILITY FEE;
ESTABLISHING A METHOD AND PROCEDURE FOR THE
COLLECTION OF STORMWATER UTILITY FEES;
DIRECTING THE CITY MANAGER TO MAINTAIN CERTAIN
RECORDS; PROVIDING FOR REQUESTS FOR
ADJUSTMENT; PROVIDING FOR APPEALS; PROVIDING
FOR REPEAL OF CONFLICTING ORDINANCES;
PROVIDING FOR SEVERABIMTY, INCLUSION IN THE
CODE AND AN EFFECTIVE DATE.
WHEREAS, the City will become responsible for the ownership, maintenance and
expansion of an existing stormwater management system within the City limits that has
been developed over a number of years for the purpose of collecting and disposing of
storm and other surface water; and
WHEREAS, prior to September 30, 1997, Metropolitan Dade County is responsible
for the maintenance of the stormwater management system; and
WHEREAS, the South Florida Water Management District has adopted rules and
regulations with respect to groundwater protection that result in higher capital costs for the
construction of ground water protection devices in conjunction with storm drainage
improvement; and
WHEREAS, the City desires to address such various environmental issues which
will further burden its infrastructure requirements and to improve drainage throughout the
City; and
Ordinance No. 97-18
Page 2
WHEREAS, the City finds that although each developed property in the City has
varying degrees of water retention, all properties contribute to some extent to the City's
stormwater problems and that all citizens will benefit from the establishment of a
Stormwater Utility; and
WHEREAS, the fee structure set forth herein represents a logical, reasonable and
rational basis for allocating the costs for a Stormwater Utility to the several types of
developed properties of the City and based upon the relative contribution of such
developed properties to the need for the Stormwater Management Program; and
WHEREAS, therefore the City finds that it is necessary and essential to establish a
Stormwater Utility to ensure that the collection and disposal of stormwater within the City of
Aventura is funded in a manner which adequately protects the health, safety and welfare of
the citizens of the City.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA, AS FOLLOWS:
Section 1. The Stormwater Utility System Ordinance is hereby adopted as
follows:
STORMWATER UTILITY SYSTEM
Sec. 1. Purpose; Authority.
The purpose of this Ordinance is to implement the provisions of Section
403.0893, Florida Statutes, by creating a city-wide Stormwater Utility and
adopting stormwater utility fees sufficient to plan, construct, operate and
maintain the stormwater management system required by Section 403.0891,
Ordinance No. 97-18
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Florida Statutes.
Sec. 2. Definitions.
The following, when used in this Ordinance, shall have the meanings
ascribed in this section, except where the context clearly indicates a different
meaning:
(a) "Developed Property" shall mean any parcel of land that contains an
impervious area.
(b) "Dwelling" shall mean any building that is wholly or partly used or
intended to be used for living, sleeping, cooking and eating.
(c) "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.
(d) "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.
(e) "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.
(f) "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.
(g) "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
Flodda Administrative Code Rule 12D-8.008(2)(c), as amended from time to
time.
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(h) "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.
(i) "Stormwater" shall mean the surface water runoff that results from
rainfall.
(j) "Stormwater Management System" (or the "System") shall have the
meaning specified by Section 403.031(16), Florida Statutes, as amended
from time to time.
(k) "Stormwater Utility'' shall have the meaning specified by Section
403.031 (17), Florida Statutes, as amended from time to time.
(I) "Stormwater Utility Fund" shall mean that separate Fund established
by the City for the deposit and use of all Stormwater Utility Fees collected.
(m) "Stormwater Utility Fee" shall have the meaning specified by Section
403.0893, Florida Statutes, as amended from time to time.
(n) '~/atershed" shall have the meaning specified by Section
403.031 (18), Flodda Statutes, as amended from time to time.
Sec. 3. Findin.qs and Determinations.
It is hereby determined and declared as follows:
(a) The City desires to create a Stormwater Management System to
maintain and improve water quality, to control flooding that results from
rainfall events, to deter unmanaged rainwater from eroding sandy soils, to
deter the disruption of the habitat of aquatic plants and animals and to
provide for the collection of Storrnwater Utility Fees for those expenses
connected with the planning, constructing, operating and maintaining of a
Stormwater Management System.
(b) The collection of and disposal of stormwater and regulation of
groundwater are of benefit to all property within the City including property
not currently served by the System.
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Ordinance No. 97-18
Page .5
(c) The cost of operating and maintaining the System should, to the
extent practicable, be allocated in relationship to the contributions to the
system.
Sec. 4. 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 Council after a
Public Hearing.
The City Manager or his/her designee is directed to prepare a 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.
(b) ERUs shall be assigned as follows:
(1) Single Family Dwelling Units: 1.0 ERU.
(2) Multi-family Dwelling Units: 1.0 ERU per Dwelling Unit.
(3) Non-Residential Developed Properties: shall be assigned
ERUS on the basis on one ERU per 1,548 square feet of
Impervious Area.
(c) The following procedures and criteria are to be used to calculate
Stormweter 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 Sections 4(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 (MDVVASA) with
respect to the Stormweter utility, together with investment earnings
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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.
Sec. 5. Collection of Stormwater Utility Fee; Liens.
(a) The Stormwater Utility Fee shall be shown as a separate item on
MDWASA bills (or as shown on a stormwater utility bill if no water bill
is issued) and shall be paid by the owner, tenant or occupant in
possession of the premises at the same time and in the same manner
as is provided in MDWASA regulations for the payment of bills. For
properties not receiving monthly utility bills for other services, the bill
or statement for the Stormwater Utility Fee shall be sent to the owner
of the property as determined from the tax rolls by the City. The
Finance Support Services Department may render annual or semi-
annual billing on such properties if determined to be in the best
interest of the City.
(b) For the purpose of calculating Stormwater utility Fees, the calculation
of ERUs is based upon property usage. The property usage shall be
determined by the City based on, but not be limited by, state and
county land use codes, occupational licenses and site inspections.
(c) Any authorized representative of the City shall have free access to the
properties at any reasonable time for the purpose of determining
property usage for the purpose of calculating Stormwater Utility Fees
and obtaining billing account information.
(d) The number of ERUS calculated for each account shall be rounded up
to the nearest whole number.
(e) The minimum charge assessed against each property shall be one (1)
ERU.
(f) The Stormwater Utility Fee shall be billed to the owner, tenant or
occupant of each Developed Property. If the Stormwater Utility Fee is
not fully paid by the owner, tenant or occupant on or before the past
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due date set forth on the owner's, tenant's or occupant's bill, a ten
percent late charge may be added to the bill. Any unpaid balance of
the owner, tenant or occupant for a Stormwater Utility Fee shall be
subject to an interest charge at a rate of eight percent per annum.
Imposition of this interest charge shall commence 60 days after the
past due date of the fees set forth on the bill of the owner of the
Developed Property. WASAD is hereby authorized to act as the City's
agent for the purpose of billing and collecting Stormwater Utility Fees.
Stormwater Utility Fees shall be billed by WASAD in the same manner
and subject to the same rules and regulations goveming WASAD's
water and sewer bills, including, but not limited to, the right to
discontinue service. Fees and late charges, together with any interest
charges, shall be debts due and owing the City's Stormwater Utility
and all of same shall be recoverable by the City in a court of
competent jurisdiction.
(g) All Stormwater Utility Fees, late charges and interest accruing
thereupon, due and owing to the City's Stormwater Utility which
remain unpaid 60 days after the past due date shall become a lien
against and upon the Developed Property for which the Stormwater
Utility Fees are due and owing to the same extent and character as a
lien for a special assessment. Until fully paid and discharged, such
fees, late charges, and interest accrued shall constitute a special
assessment lien equal in rank and dignity with the liens of City 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 such
Stormwater Utility Fees, late charges, and interest accrued thereupon
became a lien as set forth in this ordinance. This lien may be
enforced and satisfied by the City pursuant to Chapter 173, Florida
Statutes, as amended from time to time, or by any other method
permitted by law. The lien provided for in this sub-section shall not be
deemed to be in lieu of any other legal remedies for recovery of such
fee, late charges, and accrued interest available to the City.
(h) For Stormwater Utility Fees which become more than 60 days past
due and unpaid, the City shall cause to be filed in the office of the
Clerk of the Circuit Court of Dade County, Florida, a notice of lien or
statement showing a legal description of the Developed Property
against which the lien is claimed, its location by street and number,
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Page 8
the name of the owner, and an accurate statement of the fees and late
charges then unpaid. A copy of such notice of lien shall be mailed
within a reasonable time to the owner of the Developed Property
involved as shown by the records of the tax collector of Metropolitan
Dade County. No such lien shall be enforceable by the City unless
this notice is filed within six months from the date the fees and late
charges become a lien as established in this section.
(i) Liens may be discharged and satisfied by payment to the City of the
aggregate amounts specified in the notice of lien, together with
interest accrued, and all filing and recording fees. When any such
lien has been fully paid or discharged, the City 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 Dade County, Florida.
(j) Notwithstanding other provisions to the contrary, the City shall have
the discretion not to file notices of lien for fees, late charges, and
interest accrued in an amount less than fifty dollars ($50.00). If the
City elects not to file a notice of lien, such fees, late charges, and
accrued interest shall remain as debts due and owing in accordance
with section (f) above.
(k) The owner of Developed Property is ultimately responsible for all
unpaid fees established under this section.
(I) The City Manager or his designee is authorized and directed to certify
upon request the amount of fees, late charges and interest accrued,
which are due and owing to the City for any Developed Property which
is subject to payment of said fees, or the City Manager may certify that
no fees, late charges or accrued interest are due and owing.
Sec. 6. Request for Adjustment.
All requests for adjustment of the Stormwater Utility Fees based upon the calculation
of impervious area on site shall be submitted to the City Manager. The City
Manager shall review each request as follows:
(a) All requests shall be in writing and set forth in detail the grounds upon
which relief is sought.
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Page 9
(b) Adjustment requests made during the first calendar year that the fee is
imposed shall be reviewed by the City Manager within a one-year
period from the date of submission. Adjustments resulting from such
requests shall be retroactive to the effective date of this Ordinance.
(c) All adjustment requests received after the first calendar year that the
fee is imposed shall be reviewed by the City Manager within a four (4)
month period from the date of submission. Adjustments resulting from
such requests shall be retroactive to the date of submission.
(d) The owner, tenant or occupant requesting the adjustment may be
required, at his own cost, to provide supplemental information to the
City Manager, including, but not limited to, survey data and
engineering reports approved by either a registered professional land
surveyor (R.P.LS.) or professional engineer (P.E.). Failure to provide
such information may result in denial of the adjustment request.
(e) The City Manager shall provide the person requesting the adjustment
with a written determination of the request within the time provided
herein. Any adjustments shall be prorated monthly.
(f) No adjustment may be requested unless the Stormwater Utility Fee is
first paid.
(g) Adjustments are subject to the limitations and restrictions provided
herein.
Sec. 7. Appeals.
All determinations of the City Manager pursuant to Sec. 6 of this Ordinance may be
appealed to the City Council. Appeals must be filed in the office of the City Manager
within thirty (30) days of receipt of the City Manager's written determination.
Appeals shall be heard within thirty (30) days of filing. In evaluating appeals, the
City Council shall be bound by the method of setting rates as set forth in this
Ordinance. The decision of the City Council shall be final.
Section 2. Reoeal of Conflictina Ordinances. Article IV of Chapter 24 of the
Dade County Code, concerning the same subject matter, as made applicable to the City by
Ordinance No. 97-18
Page 10
Article VIII, Sections 8.03 of the City Charter, is hereby repealed and replaced. This shall
not affect fees owed prior to the effective date hereof.
Section 3. Severabilitv. 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. Inclusion in the Code. It is the intention of the City Council, and it is
hereby ordained that the provisions of this Ordinance shall become and made a part of the
Code of the City of Aventura;; that the sections of this Ordinance may be renumbered or
relettered to accomplish such intentions; and that the word "Ordinance" shall be changed to
"Section" or other appropriate word.
Section 5. Effective Date. This Ordinance shall be effective upon adoption on
second reading.
The foregoing Ordinance was offered by Councilmember Rogers-Libert, who
moved its adoption on first reading. This motion was seconded by Councilmember
Berger and upon being put to a vote, the vote was as follows:
Councilmember Arthur Berger yes
Councilmember Jay R. Beskin yes
Councilmember Ken Cohen yes
Councilmember Harry Holzberg yes
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Ordinance No. 97-z._.~8
Page 11
Councilmember Patricia Rogers-Libert yes
Vice Mayor Jeffrey M. Perlow yes
Mayor Arthur I. Snyder yes
The foregoing Ordinance was offered by Councilmember Beskin , who
moved its adoption on second reading. This motion was seconded by Councilmember
Rogers-Libert and upon being put to a vote, the vote was as follows:
Councilmember Arthur Berger yes
Councilmember Jay R. Beskin yes
Councilmember Ken Cohen yes
Councilmember Harry Holzberg yes
Councilmember Patricia Rogers-Libert yes
Vice Mayor Jeffrey M. Perlow yes
Mayor Arthur I. Snyder absent
PASSED AND ADOPTED on first reading this 25th day of June, 1997.
PASSED AND ADOPTED on second reading this 5th day of August, 1997.
~JAI~H0 R I~'~SNYDE F~rIVIAYO R
ATTEST:
TERESA M. SMITH, CMC, CITY CLERK
APPROVED AS TO FORM AND LEGAL SUFFICIENCY:
CITY ATTORNEY