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Ord 02-00ORDINANCE NO. 2-00 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 56, "STORMWATEW', SECTION 56.04, "DEFINITIONS", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY REMOVING THE DEFINITION OF "DIRECTOW' AND BY REMOVING THE DEFINITION OF "DEPARTMENT"; AMENDING SECTION 56.17, "ADJUSTMENT OF STORMWATER MANAGEMENT ASSESSMENTS", BY ADDING THE DEFINITION OF THE TERM "DIRECTOR"; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the authority for the C~ty's stormwater administration has been transferred from the Public Works Department to the Environmental Services Department; and WHEREAS, the definitions under the "Storrnwater" chapter must be amended to reflect this change of responsibility; and WHEREAS, the City Commission has determined that such transfer of duties and corresponding amendment is in the public interest. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOIJ.OWS: Section 1. That Tide V, "Public Works", Chapter 56, "Stormwater", Section 56.04, "Definitions", of the Code of Ordinances of the City of Dekay Beach ~s hereby amended by deleting the following: ~ .......... cc, gr.:-':ancc over ~ system and r-a~¢za zclawng ~,., ,.k_ Section 2. That Title V, "Public Works", Chapter 56, "Stormwater", Section 56.17, "Adjustment of Stormwater Management Assessments", of the Code of Ordinances of the City of Delray Beach is hereby amended to read as follows: Director. For purposes of this Section, the term "Director" shall mean the Director of Environmental Services or his designee. {-A) 03) Owner-initiated adjustments. Requests for adjustment of the stormwater management assessment shall be submitted to the Director, who shall have authority to adjust stormwater management assessments, to administer the procedures and standards, and to review criteria for the adjustment of such assessments as estabhshed herein. In the review of adjustment requests, consideration shall be given to properties with valid surface water management permits indicating the provision of functional retention facilities. The following procedures shall apply to all requests for adjustments of the stormwater management assessment permitted under ti-us chapter: Any owner who believes the stormwater management assessment is incorrect may, subject to the limitations set forth in this section, submit an adjustment request to the Director. (2) The adjustment request shall be in writing and shall set forth, in detail, the grounds upon which the correction is sought. (3) The adjustment request must be made within sixty (60) days after receipt by the owner of his or her tax bill containing the stormwater management assessment. The adjustment request will be reviewed by the Director within a four (4) month period from the date of fihng of the adjustment request. Consideranon by the Director of the owner's request for adjustment shall not relieve the owner of the obligation to make timely payment of the stormwater management assessment. In the event an adjustment is granted by the Director which decreases the stormwater management assessment, the owner shall be entitled to a refund of the excess stormwater management assessments paid. The refund shall be mailed by the Palm Beach County Tax Collector (the "Tax Collector") unless the Tax Collector and the City agree otheranse. The owner requesting the adjustment may be required, at his own cost, to provide supplemental information to the Director including, but not limited to, survey data certified by a professional land surveyor and/or engineering reports approved by a professional engineer and acceptable to the Dixector. Failure to provide such mformauon may result in the denial of the adiustment request. (s) The adjustment to the stormwater management assessment will be made upon the granting of the adlustment request, in writing, by the Director. The document granting the adjustment request will be provided to the owner and will also be sent to the Tax Collector. A denial of an adjustment request shall be made in writing by the Director, a copy of which shall be provided to the owner. - 2 - Ord. No. 2-00 (6) All non-residenual properties located within the Lake Worth Drainage District with private drainage systems on site shall not be eligible for an adjustment based on on-site retention of stormwater. All other non- residential properties with private drainage systems on-site shall be eligible for an adjustment based on on-site retention of stormwater. (g) (.C) Appeals. All determinations of the Director pursuant to this section may be appealed to the Board of Appeals. These appeals must be filed within thirty 00) days of receipt of the written determinauon of the Director. The Board of Appeals shall comple, tea review within sLxty (60) days of receipt of the request for review and shall be evaluated based upon the standards and review criterm set forth m this chapter. The decision of the Board of Appeals shall be final. The Board of Appeals shall be comprised of the City Manager, the City Engineer, and the Planning and Zoning Director, or their designees. (G) .(D) City-initiated adjustments. Any errors in the stormwater management assessment, or failure to charge a stormwater management assessment, may be corrected by the Director w~thin sixty (60) days after opening of the tax roll for collection. Corrections which result in an increase in the stormwater management assessment cannot be imposed until the owner has consented in writing to the increase or has been given at least ten (10) days' notice by certified mail and an opportunity to be heard. Once the adjustment is finalized, the Director shall send documentation reflecting the adjustment to the owner and to the Tax Collector. 0O-) {E) Inspections. The C;ty may require an annual inspection of on-site retention/detention facihfies on parcels to which an adjustment to the stormwater management assessment has been granted. The owner benefiting from such adlustment shall be reqtttred to pay to the City an annual inspection fee in an amount determined by the Director. For the purpose of protecting the health, safety and welfare of the citizens of the City, the Director may cause an inspection of any property within the benefited area. Such inspection shall be made upon reasonable notice to the owner or occupant of the property unless an emergency exists, as determined solely by the Director. Section 2. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence or word be declared by a court of competent jutasdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. - 3 - Ord. No. 2-00 Section 4. That this ordinance shall become effective immechately upon its passage on second and final reading. the 15 PASS,~4D >ND ADOPTED in regular session on second and final reading on this __ day o~;~~ ,2000. City Clerk First Readin~Oe~o Second Readin' ~ - 4 - Ord. No. 2-00 [lTV OF DELRI:IV BEI:I[H CITY ATTORNEY'S OFFICE DELRAY BEACH 200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 Writer's Direct Line: (561) 243-7090 Ali. Amedca City 1993 DATE: January 18, 2000 TO: FROM: SUBJECT: David T. Harden, City Manager Richard Hasko, Director of Environmental Services ,I Jay T. Jambeck, Assistant City Attorne~ Definition of "Director" Cho~ter 56, St~mwater Attached hereto is a draft of an ordinance change to Chapter 56 that removes the definition of "Director" and "Department" from the Definition section of the Chapter. I concur that a memorandum could be utilized to set forth the duties to be conducted by the Environmental Services Department versus Public Works, with the exception of one Section of Chapter 56. Section 56.17, "Adjustment of Stormwater Management Assessments" requires that the public have knowledge of who the "Director" is for the purpose of making a request for an adjustment. Thus, I would propose adding a definition of "Director" for that Section only to advise the public where such requests should be directed. I have placed this duty under the Department of Environmental Services in the proposed ordinance. Please review the proposed ordinance change and advise whether it addresses the concerns appropriately. If you have any questions, do not hesitate to contact me. Attachment ORDINANCE NO. 2-00 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DRLRAY BEACH, FLORIDA, AMENDING CHAPTER 56, "STORMWATER", SECTION 56.04, "DEFINITIONS", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY REMOVING THE DEFINITION OF "DIRECTOR" AND BY REMOVING THE DEFINITION OF "DEPARTMENT"; AMENDING SECTION 56.17, "ADJUSTMENT OF STORMWATER MANAGEMENT ASS. ESSMENTS", BY ADDING THE DEFINITION OF THE TERM "DIRECTOR"; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the authority for the City's stormwater administration has been transferred from the Public Works Department to the Environmental Services Department; and WHEREAS, the definitions under the "Stormwater" chapter must be amended to reflect this change of responsibility; and WHEREAS, the City Commission has determined that such transfer of duties and corresponding amendment is in the public interest. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Tide V, "Public Works", Chapter 56, "Stormwater", Section 56.04, "Definitions", of the Code of Ordinances of the City of Delray Beach is hereby amended by deleting the following: Section 2. That Tide V, "Public Works", Chapter 56, "Stormwater", Section 56.17, "Adjustment of Stormwater Management Assessments", of the Code of Ordinances of the City of Delray Beach is hereby amended to read as follows: (A) Director. For purposes of this Section. the term "Director" .qhull mean the Director of Environmental Services or his designee. q~0 03) Owner-initiated adjustments. Requests for adjustment of the stormwater management assessment shall be submitted to the Director, who shall have authority to adjust stormwater management assessments, to administer the procedures and standards, and to review criteria for the adjustment of such assessments as established hereto. In the review of adjustment requests, consideration shall be given to properties with valid surface water management permits indicating the provision of functional retention facilities. The following procedures shall apply to all requests for adjustments of the stormwater management assessment permitted under this chapter: (1) Any owner who believes the stormwater management assessment is incorrect may, subject to the limitations set forth in this section, submit an adjustment request to the Director. (2) The adjustment request shall be in writing and shall set forth, in detail, the grounds upon which the correction is sought. (3) The adjustment request must be made within sixty (60) days after receipt by the owner of his or her tax bill containing the stormwater management assessment. The adjustment request will be reviewed by the Director within a four (4) month period from the date of filing of the adjustment request. Consideration by the Director of the owner's request for adjustment shall not relieve the owner of the obligatmn to make timely payment of the stormwater management assessment. In the event an adjustment is granted by the Director which decreases the stormwater management assessment, the owner shall be entitled to a refund of the excess stormwater management assessments paid. The refund shall be mailed by the Palm Beach County Tax Collector (the "Tax Collector") unless the Tax Collector and the City agree otherwise. The owner requesting the adjustment may be required, at his own cost, to provide supplemental information to the Director including, but not limited to, survey data certified by a professional land surveyor and/or engineering reports approved by a professional engineer and acceptable to the Director. Failure to provide such information may result in the demal of the adjustment request. (s) The adjustment to the stormwater management assessment will be made upon the granting of the adjustment request, in writing, by the Director. The document granting the adjustment request will be provided to the owner and will also be sent to the Tax Collector. A denial of an adjustment request shall be made in writing by the Director, a copy of which shall be provided to the owner. - 2 - Ord. No. 2-00 (6) All non-residential propernes located within the Lake Worth Drainage District with private drainage systems on site shall not be eligible for an adjustment based on on-site retention of stormwater. All other non- residential properties with private drainage systems on-site shall be eligible for an adjustment based on on-site retention of stormwater. (:g) (C) Appeals. All determinations of the Director puxsuant to this section may be appealed to the Board of Appeals. These appeals must be filed within thirty (30) days of receipt of the written determination of the Director. The Board of Appeals sh.all complete a review within sixty (60) days of receipt of the request for review and shall be evaluated based upon the standards and review criteria set forth in this chapter. The decision of the Board of Appeals shall be final. The Board of Appeals shall be comprised of the City Manager, the City Engineer, and the Planning and Zoning Director, or their designees. (-C-) 02)) City-initiated adjustments. Any errors in the stormwater management assessment, or failure to charge a stormwater management assessment, may be corrected by the Director within sixty (60) days after opening of the tax roll for collecuon. Corrections which result in an increase in the stormwater management assessment cannot be imposed until the owner has consented in writing to the increase or has been given at least ten (10) days' notice by certified mail and an opportunity to be heard. Once the adjustment is finalized, the Director shall send documentation reflecting the adjustment to the owner and to the Tax Collector. ~) (E) Inspections. The City may require an annual inspection of on-site retention/detention facilities on parcels to which an adjustment to the stormwater management assessment has been granted. The owner benefiting from such adjustment shall be requzred to pay to the C~ty an annual inspection fee in an amount determined by the Director. For the purpose of protecting the health, safety and welfare of the citizens of the City, the Director may cause an inspection of any property within the benefited area. Such inspection shall be made upon reasonable notice to the owner or occupant of the property unless an emergency eyasts, as determined solely by the Director. Section 2. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. - 3 - Ord. No. 2-00 Section 4. That this ordinance shall become effective immediately upon its passage on second and final reading. the PASSED AND ADOPTED in regular session on second and final reading on this __ day of . ,2000. ATTEST: MAYOR City Clerk First Reading Second Reading - 4 - Ord. No. 2-00