30-96 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, AMENDING CHAPTER 56, "STORM~%TER", OF THE
CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY
AMENDING SECTIONN 56.04, "DEFINITIONS", TO CORRECT THE
DEFINITION OF ' DIRECTOR', DELETE ' INTERIM COLLRCTION
SECTIONS 56.16, 56.17, 56.18 AND 56.19 BY DELETING
REFERENCES TO THE INTERIM COL~.~TION METHOD; REPEALING
SECTION 56.21, "INTERIM METHOD OF COLT.~TION'', IN ITS
ENTIRETY; AMENDING SECTION 56.16(D)(1) TO PROVIDE THAT
PROPERTIES LOCATED WITHIN THE LAKE WORTH DRAINAGE
DISTRICT SHALL BE DEFINED BY THE DISTRICT'S BOUNDARY MAP;
PROVIDING A GENERAL REPE~.~.R CLAUSE, A SAVING CLAUSE, AND
WHEREAS, City staff has reviewed and recommends certain changes be
made to Chapter 56, "Stormwater", of the Code of Ordinances of the City of
Delray Beach, Florida; and
WHEREAS, upon enactment of Chapter 56, "Stormwater", an interim
collection method w~s set forth; and
WHEREAS, the interim method of collection is no longer applicable
because the City has adopted the uniform method of collection; and
WHEREAS, all uncollected amounts levied prior to the adoption of
this amendment shall remain due and owing, and nothing contained herein shall
be construed as nullifying the previously assessed amounts; and
WHEREAS, the City Commission finds that certain provisions of
Chapter 56, "Stormwater", of the City Code are either obsolete or should be
amended to provide for the more efficient administration of the stormwater
marmot utility.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section I. That Title V, "Public Works", Chapter 56, "Stormwater",
Section 56.04, "Definitions", of the Code of Ordinances of the City of Delray
Beach, Florida, is hereby amended to read as follows:
Section 56.04 DEFINITIONS.
"DIRECTOR." The ~¢¢g~/~/~$¢/W~ Assistant City Manager or
his designee.
~/~/~¢/~¢/~//¢~¢~¢~/~/~/~/¢~¢~//~/~/~/~¢~//~
~W~ / ¢~/~¢~¢~/~~ / ~ ~ / ~ 99 ~ /
"UNIFORM COT.T.~PION METHOD." The method ~¢~¢~11~11~-x~¢
I~~1/~/~$/~¢~) to be utilized by the City for the year commencing
October 1, 1991, and each year thereafter for the billing, collection and
enforcement of the payment of the stozmwater management assessments, as
authorized pursuant to F.S. Section 403.0893, as amended and supplemented,
and F.S. Chapter ~97, as amended and supplemented.
Section 2. ~nat Title V, "Public Works", Chapter 56, "Stormwater",
Section 56.16, "Establishment of Rates for Stormwater Management
Assessments", of the Code of Ordinances of the City of Delray Beach, Florida,
is hereby amended by repealing Subsection 56.16(A)(2) in its entirety.
Section 3. That Title V, "Public Works" Chapter 56, "Stormwater"
Section 56.16, "Establishment of Rates for Stormwater Management
Assessments", Subsection 56.16(D)(1), of the Code of Ordinances of the City
of Delray Beach, Florida, is hereby amended to read as follows:
(D) All properties are subject to the rate classifications
contained within Sec. 56.16(C). However, some properties may be entitled to
cumulative discounts. The discount rates are as follows:
(1) Lake Worth Drainage District. All properties located
within the Lake Worth Drainage District (LWDD) as ~¢~¢~//~/~3~¢//~
~.~"~lg,~4~/~,~¢~¢~¢~/~¢/f$4~Zy defined by the LWDD boundary map,
shall receive a twenty-five percent (25%) discount.
Section 4. That Title V, "Public Works", Chapter 56, "Stormwater",
Section 56.17, "Adjustment of Stormwater Management Assessments", of the Code
of Ordinances of the City of Delray Beach, Florida, is hereby amended to read
as follows:
Section 56.17 ADJUSTMENT OF STORM~kTER MANAGEMENT ASSESSMENTS.
(A) Owner-initiated adjustments. Requests for adjustment of the
stormwater management assessment shall be sulanitted to the Director, who
shall have authority to adjust stormwater management assessments, to
administer the procedures and staD~rds, and to review criteria for the
adjustment of such assessments as established herein. In the review of
adjustment requests, consideration shall be given to properties with valid
surface water management permits indicating the provision of functional
retention facilities. The following procedures shall apply to all requests
for adjustments of the stormwater management assessment permitted under this
chapter:
(!) Any owner who believes the stormwater management
assessment is incorrect may, subject to the limitations set forth in this
sect/on, suhnit an adjustment request to the Director.
- 2 - Ord. No. 30-96
(2) ~ne adjustment request shall be in writing and shall set
forth, in detail, the grounds upon which the correction is sought.
(3) ~ /f3~¢/ /~/r~/¢~¢¢~/ /~{¢~3~/~/~{~/ /~¢~/~/ /~9~¢
~/~ _The adjustment request must be made within sixty (60) days after
receipt by the owner of his or her tax bill containing the stormwater
management assessment. ~/~¢/$~¢~4~/¢~¢¢~/~¢~3~k~/$~/~/~¢~/~/f.~¢
~9/~/~¢~¢~/~/~1~/ ~ne 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 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. ~/~3~¢/~/J~/¢~¢¢~/~¢~3~/~#/~//~¢~
~J~/f_~¢//~]~]/~. _The refund shall be mailed by the Palm Beach County Tax
Collector (the "Tax Collector") unless the Tax Collector and the City agree
otherwise.
(4) ~ne 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
denial of the adjustment request.
(5) Tne 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] / / / /
~3~¢/~¢~ 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.
(6) All non-residential properties located within the Lake
Worth ~rainage 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.
(B) 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 (30) days of receipt of the written determination of the
Director. The Board of Appeals shall complete a review within sixty (60)
days of receipt of the request for review and shall be evaluated based upon
the staDda~ds 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.
- 3 - Ord. No. 30-96
(C) City-initiated adjustments. ~11~111~~11~¢~111~
¢~¢¢~I~IB~II~II~I~¢II¢~III~ _Any errors in ~e stouter
~g~t asses~ent, or f~l~e to c~ge a stouter ~g~ent
asses~t, ~y ~ c~rect~ ~ ~e Director ~ s~ (60) ~ys after
O~ of ~e ~ ~11 for collection. ~/~/~~/~/~//~~
~ / ~/ /~/ ~ / /~ / /~ ~ / / ~ / / ~ / / ~/ /~ / / ~~~ / /~~
~~/~//~~/ ~rrections ~ch reset in ~ increase in
stouter ~g~ent asses~ent c~ot ~ ~sed ~1 ~e ~er
consent~ in to ~e increase ~s ~en at least ten (10)
~it~g
or
giv~
~ys' no~ce ~ c~ifi~ ~il ~d ~ o~~ to ~ he~. ~ce
adjus~t is f~iz~, ~e Director s~ll send doc~en~tion reflecting
adjus~t to ~e ~er ~/~//~/~~/~//~/~~/~//~
~/~/~~~/~ ~so ~/~ to ~e T~ ~e=tor.
(D) Inactions. ~e City ~y r~re ~ ~1 ins~ction of
on-site ~ten~on/~tention facilities on ~cels to ~ch ~ ~jus~ent to
~e s~ter ~g~ent asses~ent ~s ~en ~t~. ~e ~er ~efi~ng
from such adjus~ent s~ll ~ r~r~ to ~y to ~e City ~ ~1
~s~ction fee ~ ~ ~o~t dete~n~ ~ ~e Director. For ~e p~se of
~otect~g ~e he~, safety ~ ~lf~e of ~e ci~zens of ~e City, ~e
Di~c~ ~y cause ~ ~s~c~on of ~y ~o~y ~ ~e ~nefit~ ~ea.
~ch ~ction s~ll ~ ~de u~n reasonable notice to ~e ~er or occult
of ~e ~o~y ~ess ~ ~ergency exists, as dete~n~ solely by ~e
Director.
~ction 5. ~t Ti~e V, "~lic Works", ~pt~ 56, "Stouter",
Section 56.18, "~li~ent Stouter ~g~ent ~ses~ents", of ~e ~e of
~ces of ~e City of ~ay ~ach, Flori~, is he~ ~e~ to read as
foll~s:
Section 56.18 D~I~ ~~~ ~~ ~SES~.
~ I ~~I~I ~ I ~~I~ I I~I~I ~ I ~ ~ ~ I~ I ~ I I ~
f~;//~/~~~//~~//~~//~~//M~~
~~I~~I~I~I~~I~II~I~IF~I~~I~II~II~
f~] ~e ~visions ~ F.S. ~pter 197, reg~ng
delicacies, ~ties ~ ~ ce~ificates ~ ~ de~s s~ll
a~lic~le ~ res~ct to ~e non-~ent of ~e stouter ~g~ent
assessm~ts~ ~ /~ /~ ~/~/ ~ / / ~~/~ /~ / ~~/~ / / ~
~/
- 4 - ~. ~. 30-96
~I~I¢~;~;~¢¢~III~II~~¢~II~¢~¢~II~~II~I~II~¢~II~II~¢
~I~ / ~ I~ I~ I~ I~ ~I~I ~ I ~~¢~I
Section 6. ~t ~tle V, "~lic ~rks" ~pt~ 56, "Stouter"
~c~ 56.19, "Stouter ~g~nt ~sessm~t ~en/~forc~ent", of ~e
~e of ~~ces of ~e City of ~ay ~ach, Flori~, is hereby ~e~ed to
r~d as foll~s:
Secti~ 56.19 S~~R ~~ ~SESS~ LI~/~O~~.
(A) ~1 stouter ~g~ent assessments assess~ p~s~t to
~s c~er, s~ll ~ a lien u~n ~e ~o~y to ~ch such assessment
~lates fr~ ~e f~st ~y of ~e ye~ for ~ch said asses~ent is ~sed
~1 such asses~ent is ~id. ~e ~er of ev~ ~l~ng, ~ses, lot or
house ~11 ~ obligated to ~y ~e stouter ~g~ent asses~ents. ~1
deli~ent sto~ter ~g~t asses~ent liens ~y ~ enforc~ at ~y t~e
~ ~ City at least ~y (30) ~ys s~s~ent to ~e ~te of ~e se~ice
of ~e no~ce of lien for ~e ~o~t due ~er such reco~ed liens, inclu~ng
all ~t~st c~ges, plus costs ~ a reasonable atto~ey's fee ~ a
~~g in a co~ of law or ~ty to ~orce or foreclose such liens in
~e ~r in ~ch a mo~gage lien is foreclos~ ~er ~e laws of Flori~,
or ~ collection ~ enforc~ent of ~ent ~ereof ~y ~ acc~plished by
~y o~er me~ au~oriz~ by law. It s~ll ~ la~ to join in ~y
c~pl~nt or foreclos~e or ~y legal ~e~ngs, ~y ~e ~ more lots or
~cels of 1~ ~t is ~e s~ject of a lien or liens. In ~e case ~ere a
te~t ~ ~ssession of ~y ~ses or ~l~ngs s~l ~y said assessment,
it shall relieve ~e 1~ ~er fr~ such obligation ~d lien; but ~e City
s~ll not ~ r~r~ to l~k to ~y ~rson ~ts~ver o~er ~ ~e ~er
for ~ ~ent of such asses~ent. ~ c~ges of ~ers~p or ~cu~tion
s~l affect ~e application of ~s c~pter, ~ ~e faille of ~y ~er to
1~ ~t he ~c~s~ ~~ ag~nst ~ch a lien for stouter
~~nt assessment exists, s~ll in no ~y affect ~s or her
~s~i~ity for su=h m~ent. ~1~~1~1~11~1~1~1~11~
~e ~] sto~t~ ~g~ent asses~ent ~//~~/~~//~//~
~~11~11~11~~11~ s~l~ ~ s~ject to a~ ool~e=tion
~ovisi~s of F.S. ~pter 197, as ~~ ~ su~l~ent~, incl~ng
~ovisi~s relating to ~sco~t for ~ly ~ent, ~e~ent ~ instalment
me~, deferr~ ~t, ~lty for del~ent ~ent, ~ iss~ce ~
sale of ~ ce~ificates ~d ~ de~s for non~ent, as ~ovid~ by law.
~ch stouter ~g~ent assessment is s~ject to ~c~ng a lien against
homest~, as ~ovided in Sec~on 4, ~icle X, of ~e Flori~ ~nstitution.
- 5 - Or~. No. 30-96
Section 7. That Title V, "Public Works", Chapter 56, "Stormwater",
Section 56.21, "Interim Method of Collection" of the Code of Ordinances of
the City of Delray Beach, Florida, is hereby repealed in its entirety.
Section 8 That all ordinances or parts of ordinances in conflict
herewith be, and the same are hereby repealed.
Section 9. 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 10. That this ord/nance shall become effective
immediately
upon passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final reading
on this the 3rd day of September , 1996.
- City Clerk/ - --
First Reading August 20, 1996
Second Reading September 3, 19 9 6
- 6 - Ord. No. 30-96
MEMORANDUM
TO: DAVID T. HARDEN, CITY MANAGER
FROM: ROBERT A. BARCINSKI, ASSISTANT CITY MANAGER
SUBJECT: AGENDA ITEM ~ /~.~' - REGULAR MEETING OF AUGUST 20, 1996
FIRST READING FOR ORDINANCE NO. 30-96 AMENDING STORM~ATER
REGULATIONS
DATE: AUGUST 15, 1996
ACTION:
City Commission is requested to approve on first reading Ordinance No.
30-96 which amends certain sections of Chapter 56, "Stormwater", of the
City Code.
BACKGROUND:
Staff has reviewed Chapter 56, "Stormwater", of the City Code and is
recommending the following changes:
(1) Remove all references to "interim method of collection" from the Code.
These references were included to accommodate collections the first
year the ordinance w-as in effect.
(2) Revise Section 56.16(D) (1) to provide that the 25% discount to
properties in the Lake Worth Drainage District (LWDD) will be based on
the LWDD' s boundary map as opposed to Palm Beach County' s
name-address-legal (NAL) file. We b~ve found discrepancies with the
County's NAL. As a result, some properties which should be receiving
a discount are not while other properties are receiving a discount
when they should not be getting one. By making this change, staff can
override the NAL designation and issue proper credits or debits.
These changes will not affect the proposed FY 96/97 budget.
RECOMMENDATION:
Staff recommends approval of Ordinance No. 30-96 on first reading. If
passed, a public hearing will be scheduled for September 3, 1996.
ref: agmemo8
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: DAVID T. HARDEN, CITY MANAGER~/~/
SUBJECT: AGENDA ITEM # ~O~- REGULAR MEETING OF SEPTEMBER 3, 1996
SECOND/FINAL READING FOR ORDINANCE NO. 30-96 AMENDING STORMWATER
REGULATIONS
DATE: AUGUST 27, 1996
ACTION:
City Commission is requested to approve Ordinance No. 30-96 on second and
fiD~l reading. The ordinance amends certain sections of Chapter 56,
"Stormwater", of the City Code.
BACKGROUND:
Staff has reviewed Chapter 56, "Stormwater", of the City Code and
recommends the following changes:
(1) Remove all references to "interim method of collection" from the Code.
These references were included to accommodate collections the first
year the ordinance was in effect.
(2) Revise Section 56.16(D) (1) to provide that the 25% discount to
properties in the Lake Worth Drainage District (LWDD) will be based on
the LWDD' s boundary map as opposed to Palm Beach County' s
name-address-legal (NAL) file. We have found discrepancies with the
County's NAL. As a result, some properties which should be receiving
a discount are not while other properties are receiving a discount
when they should not be getting one. By making this change, staff can
override the NAL designation and issue proper credits or debits.
These changes will not affect the proposed FY 96/97 budget.
At first reading on August 20, 1996, the Commission passed the ordinance by
unanimous vote.
RECOMMENDATION:
Staff recommends approval of Ordinance No. 30-96 on second and final
reading.
ref: agmemo8
A PUBLIC HEARING wiiJ be held
~he ~4~L ~ or~n~ce
~h m~J~ ~ ~ ~ by ~ ~
ray ~h, P~, at ~h t~
mmi~ ~11 ~
Pr~y, exc~ ~. All ~
di~e,
AN OROINANCE OF THE CI~ C~
MISSION OF THE CITY OF DELRAY
BEACH, F~RID~ ~ENDING
CHAPTER ~, ~TORMWATERe, OF
THE COOE OF ORDINANC~ OF
THE CffY OF OEL~Y BEACH,
~ENDING SECTION ~.~,
~EFINITIONS~, TO CORRECT THE
OEFiNITION OF 'DIRECTOR',
LETE 'INTERrM COLLECTION
METHOD', AND ~OlFY
COLLECTION METHOD'; ~EN~
lNG SECTIONS ~,16~ ~.17. ~11 AND
~.19 BY DELETING REFERENCES
TO THE INTERIM COLLECTION
METHOD; REPEALING SECTION
~.~1. qNTERIM METHOD OF COL-
LECTION~, IN ITS ENTIRETY;
~ENDING SECTION ~.la (O~ (1)
TO PROVIDE THAT PROPERTIES
L~ATEO WITHIN THE ~KE
WORTH DRAINAGE DISTRICT
SHALL BE DEFINED BY THE
TRICT'S ~UNDARY ~P; PROVI~
[~G A GENERAL REPEALER
C~USE, A ~VING C~USE, AND
AN EFFECTIVE OATE~
c~ ~ ~ any ~it~ m~ by
any ma~ ~ at ~i$ ~ri~,
~ ~e ~h r~, ~
F.S, ~.~1~.
CITY OF DELRAY BEACH
Ci~
~li~: AU~ ~, ~
T~ N~
Ad ~
MEMORANDUM
TO: Robert Barcinski, Assistant City Manager
FROM: Hoyt Owens, Deputy Director of Public Works'J~
DATE: August 12, 1996 ~'
SUBJECT: STORM WATER ORDINANCE
As per your request, we are submitting additional information to enhance
our July 8, 1996 memo. (copy attached).
1. Dan Beatty states, that some private detention and/or retention areas
should not be taxed, since these areas are maintained independent
of the City's system. I concur.
2. I concur with exempting bona fide religious organizations from the
Storm Water Utility Tax.
3. Remove references from ordinance -- "Interim Method of Collection".
4. Angela suggests the following language in our Storm Water ordinance
-- "Lake Worth Draina.cje District (LWDD) -- all properties located within
LWDD, as defined by the District boundaries, shall receive a twenty-
five percent (25%) discount. See attached map. The credit would be
issued by Angela, et al overriding the NAL designation.
References 5-9. Delete "Interim" reference.
If you have any questions, please call.
HO/sdl
Attachments
c: Scott Solomon, Superintendent Streets and Traffic, w/attachments
REF: HO/081296C.MEM
OF DELRrlV BErlgH
SUBJECT: Proposed Storm Water Ordinance Revisions Dated 6/11/96
I have reviewed the changes proposed by Angela in her 6/11/96 memo.
Paragraph #2 is confusing. Which section, 16 or 17, is in LWDD? Are the
propedies not getting proper credit or getting credit they should not receive?
Please explain how we will fix the problems.
Per the numbered references/questions responses are as follows:
1. Confer with our City Engineer to clarify
2. I recommend that we continue to give exemptions to religious organizations
3. Concur. Eliminate all references
zJ. Concur
5, 6, 7, 8, 9 - Eliminate interim references
Once my questions are resolved we will propose a formal ordinance change.
RAB/aga
file: u:graham/pwmaint/ordsw.doc
THE EFFORT ALWAYS MATTERS
Pr~nted on Recycled P~oer
[lTV OF DELliI:IV BEI:I£H
DELRAY BEACH
~ 100 N.W. 1st AVENUE - DELRAY BEACH, FLORIDA 33444 · 407/243-7000
Ail-America City
1993 TO: Hoyt Owens, Deputy Director of Public Works
FROM: /~ Robert A. Barcinski, Assistant City Manager
DATE: July 8, 1996
SUBJECT: Proposed Sform Water Ordinance Revisions Dared 6/11/96
I have reviewed the changes proposed by Angela in her 6/11/96 memo.
Paragraph #2 is confusing. Which section, 16 or 17, is in LWDD? Are the
properties not getting proper credit or getting credit they should not receive?
Please explain how we will fix the problems.
Per the numbered references/questions responses are as follows:
1. Confer with our City Engineer to clarify
2. I recommend that we continue to give exemptions to religious organizations
3, Concur. Eliminate all references
4, Concur
5, 6, 7, 8, 9 - Eliminate interim references
Once my questions are resolved we will propose a formal ordinance change.
RAB/aga
file: u:graham/pwmaint/ordsw.doc
THE EFFORT ALWAYS MATTERS
~ Printed on ~ec',vcl~.d
MEMORANDUM
TO: Robert Barcinski, Assistant City Manager
THROUGH: Hoyt Owens, Deputy Director of Public Wor
FROM: Angela Rowe, Storm Water Utility Technician
DATE: June 11, 1996
SUBJECT: STORM WATER ORDINANCE
Enclosed are eight pages of the Ordinance, parts of which may need to be modified. There are
three topics: non-assessed property, the interim method of collection, and the Name-Address-
Legal-file. The first two topics are not pressing and may not necessarily require any changes,
whereas the NAL needs to be addressed. The issues are highlighted and numbered on the
enclosed copies, and listed below.
The important topic is NAL as we are currently bound to this process. Palm Beach County has
~,k~Ol~¢?~0~ assigned Section 16 property control numbe~e~tion 17. These properties fall info the Lake ~.
] Worth Drainage District. Consequently, the~k~,r~ot~e' t the 25% discount as the LWDD boundary
· does not extend to Section 16. These prope~ include Fire Station # 1 and the Community
Center, as well as a few residential lots.
The following coincide with the attached copies:
1. Lakes and rivers are frequently and directly effected by storm water runoff. Why is there no
tax?
2. Do we want to apply storm water assessments to religious organizations, as Sarasota County
did? Eighty-four properties are included in this category.
3. We no longer use the Interim Method of collection. Should we remove all references?
4_; The highlighted sentence could be changed to read "as defined by the District." ~.~~
5. Interim reference. ~ ~y4~. ~
6. Interim reference.
7. Interim reference.
8. Interim reference.
9. Interim reference.
AR/sdl
Attachments
REF: AR/061196A.MEM
"EQUIVALENT RESIDENTIAL UNIT" or "ERU." The average square
footage of impervious area for detached single-family residential
units within the benefited area. An ERU is numerically equal to
2,502 square feet of impervious area which represents 5.7% of one
acre of land.
"EXISTING SYSTEM." The city's stormwater system and
facilities existing at the time of the enactment of this chapter.
"IMPERVIOUS AREA." An area which either prevents or retards
the entry of wa~er into the soil mantle. Common impervious areas
include, but are not limited to, rooftops, sidewalks, walkways,
patio areas, driveways, parking lots, storage areas and other
surfaces which similarly impact infiltration and runoff, and
would also include ponds and lakes or other bodies of water
unless such property is classified non-assessed property.
"INTERIM COLLECTION METHOD." The method to be utilized by
the Department to bill and collect the stormwater management
assessments for the period from the date of enactment of this
chapter to but not including the year commencing October 1, 1991.
"NON-ASSESSED PROPERTY." Public rights-of-way,~ lakes,
rivers, and other bodies of water not utilizing or having a
direct or indirect impact on the system~tax-exempt properties
owned by religious organizations, and such other properties
within the benefited area which may be determined by the Director
to be exempt from the payment of the stormwater management
assessment.
"NON-RESIDENTIAL PROPERTY." Any developed property which
does not have as its major use a place of residence and is not
classified as residential by the Palm Beach County Property
Appraiser.
"RESIDENTIAL PROPERTY." Any developed property which has
the majority use as a place of residence and is so classified by
the Palm Beach County Property Appraiser.
"STORMWATER MANAGEMENT ASSESSMENT." A non-ad valorem
assessment imposed by the city pursuant to this chapter and F.S.
Section 403.0893, as amended and supplemented, on all developed
property which is not non-assessed property, and on all
unimproved land which is not non-assessed property, in the
benefited area in relation to each such property's estimated
contribution of stormwater runoff to the system and the benefit
derived from the use of the facilities of the system, and the
future improvements to be funded from stormwater management
assessments. Such stormwater management assessment shall include
a pro-rata cost of the operation and maintenance of the system,
based on the same proportion of benefit assessed against each
parcel within the benefited area.
V.143
(2) During the period from the effective date of this
chapter, to but not including October 1, 1990, a stormwater
management assessment shall be levied against each parcel within
the benefited area, which is not non-assessed property, and shall
be determined by the ratio such period bears to a complete year
multiplied by the pro-rata share of the initial stormwater budget
(other than initial startup costs which will not be on a pro-rata
basis) to be borne by the owners of such property at the
appropriate rate, in the manner described below. The initial
stormwater budget shall be established after public hearing and
shall include, but not be limited to all costs of creating the
system, including legal fees and expenses and the fees and
expenses of the Consulting Engineer, the reimbursement to the
city's General Fund for any moneys (other than the proceeds from
.voter-approved debt) appropriated to pay the costs of making
additions, extensions and improvements to the existing system
together with costs of financing additions, extensions and
improvements to the system for the year ending September 30,
1990, and a debt service element for debt issued prior to the
enactment of this chapter for the purpose of financing capital
improvements to the existing system. For the period from the
enactment of this chapter to but not including October 1, 1991,
the Department shall bill~ and collect the stormwater management
assessments utilizing th~interim collection method in the manner
set forth in Sec. 56.18 of this chapter.
(B) The owner of each parcel within the benefited area, for
which a stormwater management assessment is levied, shall be
responsible for the payment thereof.
(C) The rate of stormwater management assessments for the
various classes of property (other than non-assessed property)
within the benefited area shall be as follows:
(1) .qeveloped property:
(a) The annual stormwater management assessment
for a single-family residential unit shall be the rate for one
ERU, multipIied by one ERU, multiplied by 12.
(b) The annual stormwater management assessment
for a residential condominium unit shall be the rate for one ERU,
multiplied by a numerical factor to be determined by dividing the
total impervious area of the property (i~ square feet) by the
impervious square footage per one (1) ERU, further divided by the
number of condominium units and mult£plied by twelve (12).
V.147
(c) The annual stormwater management assessment
for a singly-owned multi-family ~esidential property shall be the
rate for one ERU, multiplied by a numerical factor to be
determined by dividing the total impervious area of the property
(in square feet) by the impervious square footage per one ERU,
multiplied by 12.
(d) The annual stormwater management assessment
for developed non-residential property shall be the rate for one
ERU, multiplied by a numerical factor to be determined by
dividing the total impervious area of the property (in square
feet) by the impe!y.~ous square footaae per one ERU mu].tioli, e~ by
(2) Unimproved land. The annual stormwater management
assessment for a parcel of unimproved land shall be the rate for
one ERU, multiplied by a numerical factor to be determined by
multiplying the total acres of such unimproved lan~ by ].2 ERU's,
.... ~pl~ed bv 12 ....
(D) All properties are subject to the rate classifications
contained within Sec. 56.16(C). However, some properties may be
entitled to cumulative discounts. The discount rates are as
follows:
(1) Lake Worth Drainage District. ~Ali properties
located within the Lake Worth Drainage District,S indicated by
the Palm Beach County name-address-legal file (NAL), shall
receive a twenty-five percent (25%) discount.
(2) Privately Maintained Street Drainage Systems. All
properties for which the City does not provide for the
maintenance of street drainage systems shall receive a
twenty-five percent (25%) discount.
For example, a residential property located within the
Lake Worth Drainage District which is also served by a Private
Street Drainage System, which is not City maintained, will be
entitled to a twenty-five percent (25%) discount for being
located within the Lake Worth Drainage District, plus an
additional twenty-five percent (25%) discount (for a total of a
fifty percent (50%) discount) because the property is served by a
Private Street Drainage System, which is .not maintained by the
City.
V.148
(E) The determination of impervious area and total area of
a parcel shall be based on data from the Palm Beach County Master
Appraisal File (herein "MAF"), from aerial photographs, or from
information provided by the owner of such parcel if the
information from the MAF is found to be incorrect by clear and
convincing evidence, as determined in the sole discretion of the
Director. Information provided by an owner shall include, at his
own cost, such information requested by the Director, including
survey data certified by a professional land surveyor and/or
engineering reports prepared by a professional engineer
acceptable to the Director.
(Ord. No. 21-90, passed 7/10/90; Am. Ord. No. 8-91, passed
2/26/91)
Section 56.17 ADJUSTMENT OF STORMWATER MANAGEMENT ASSESSMENTS.
(A) 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 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 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) If the uniform collection method is being used by
the city, the adjustment request must be made within sixty (60)
days after receipt by the owner of h~r her tax bill containing
the stormwater management assessment.~f the interim collection
method is being Used by the city, the adjustment request must be
made during the year the stormwater management assessment is
imposed. 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
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,
V.149
(C) City-initiated adjustments. If the uniform method of
collection is being used by the city, 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
collection~If the interim method of collection is being used by
the city, any errors in the stormwater management assessment, or
failure to charge a stormwater management assessment, may be
corrected by the Director during the year in which the stormwater
management assessment is imposed. 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, if the uniform method of collection
is being used, the documentation will also be sent to the Tax
Collector.
(D) 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
required 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.
(Ord. No. 21-90, passed 7/10/90; Am. Ord. No. 8-91, passed
2/26/91)
Section 56.18 DELINQUENT STORMWATER MANAGEMENT ASSESSMENTS.
~(A) All stormwater management assessments collected
pursuant to the interim method of collection not paid within
thirty (30) days after the bill is due shall be considered
delinquent.
(B) All stormwater management assessments delinquent
hereunder shall be subject to an interest charge at the Florida
statutory rate; and a rebilling charge covering administrative
costs.
V.151
(C) The provisions under F.S. Chapter 197, regarding
delinquencies, penalties and tax certificates and tax deeds shall
be applicable with respect to the non-payment of the stormwater
management assessments after the uniform method of collection has
been adopted by the city.
~ (D) To the extent permitted by law, any stormwater
management assessments not paid'during the period the-city is
using the interim method of collection, plus permitted interest
charges, shall be added to the stormwater management assessments
imposed on such delinquent owners in the first year the city uses
the uniform method of collection.
(Ord. No. 21-90, passed 7/10/90)
Section 56.19 STORMWATER MANAGEMENT ASSESSMENT LIEN/ENFORCEMENT.
(A) All stormwater management assessments assessed pursuant
to this chapter, shall be a lien upon the property to which such
assessment relates from the first day of the year for which said
assessment is imposed until such assessment is paid. The owner
of every building, premises, lot or house shall be obligated to
pay the stormwater management assessments. All delinquent
stormwater management assessment liens may be enforced at any
time by the city at least thirty (30) days subsequent to the date
of the service of the notice of lien for the amount due under
such recorded liens, including all interest charges, plus costs
and a reasonable attorney's fee by a proceeding in a court of law
or equity to enforce or foreclose such liens in the manner in
which a mortgage lien is foreclosed under the laws of Florida, or
the collection and enforcement of payment thereof may be
accomplished by any other method authorized by law. It shall be
lawful to join in any complaint or foreclosure or any legal
proceedings, any one or more lots or parcels of land that is the
subject of a lien or liens. In the case where a tenant in
possession of any premises or buildings shall pay said
assessment, it shall relieve the land owner from such obligation
and lien; but the. city shall not be required to look to any
person whatsoever other than the owner for the payment of such
assessment. No changes of ownership or occupation shall affect
the application of this chapter, and the failure of any owner to
learn that he purchased property against which a lien for
stormwater management assessment exists, shall in no way affect
his or her responsibility for such payment. In addition to the
above, in the event the annual stormwater management assessment
is collected pursuant to the uniform method of collection, it
shall be subject to all collection provisions of F.S. Chapter
197, as amended and supplemented, including provisions relating
to discount for early payment, prepayment by installment method,
V.152
Section 56.21 INTERIM METHOD OF COLLECTION.
(A) As soon as practicable after the enactment of this
chapter, the Director shall prepare a budget of operation for the
year ending September 30, 1990, in conformity with the
requirements of Sec. 56.16. After rates for the stormwater
management assessment have been determined for such period, the
Director of Finance shall, based on information provided by the
Director and the Palm Beach County Property Appraiser, prepare
and mail a billing statement to all owners of property within the
benefited area reflecting the annual stormwater management
assessment. Notwithstanding any provision in this chapter to the
contrary, to the extent that the uniform method of collection is
not available for the collection of stormwater management
assessments with respect to certain types of properties within
the benefited area, the city reserves the right to continue to
use the interim method of collection.
(B) The owner and description of each parcel of real
property shall be that designated on the real property records
maintained by the property appraiser.
(C) The stormwater management assessments shall be due and
payable at the time set forth in the billing statement. There
shall be no discounts for early payment pursuant to the Interim
Method of Collection. The stormwater management assessment shall
become delinquent if not fully paid within thirty (30) days of
rendition. All delinquent stormwater management assessments
shall, until paid, bear an interest charge of eight percent (8%)
and a rebilling charge covering administrative costs.
(D) The billing statement under the Interim Method of
Collection shall contain a notice advising that the stormwater
management assessments imposed against the owners of the real
property in the benefited area thereof assessed shall constitute
a lien against such property as of the first day of the fiscal
year (or the date of enactment of Ordinance No. 21-90 with
respect to the billing statement covering the period from the
date of such enactment to September 30, 1990) for which said
assessment is imposed until such assessments are paid, which lien
until fully paid and discharged or barred by law, shall be prior
to other liens except such assessment lien shall be on a parity
with the lien of State, County and City taxes and any liens for
charges for services created pursuant to Section 159.17, Florida
Statutes, as amended and supplemented. Such notice shall further
advise the owner that failure to pay the stormwater management
assessments in a timely manner may result in a loss of title.
The city may combine the amount due from the date of enactment of
Ordinance No. 21-90 to September 30, 1990, in the billing
statement for the fiscal year beginning October 1, 1990.
V.154
(E) If any stormwater management assessments shall become
delinquent, the city shall cause to be prepared a notice of lien
containing the amount of the ~elinquent stormwater management
assessment including imposed interest charges and other costs, a
legal description of the property and the name of the owner of
such property. The city may, after notice has been given, as
described below, record such notice of lien in the public records
of the County. A copy of the notice of lien shall be served on
the owner of record as provided in Section 713.18, Florida
Statutes, as amended.and supplemented, within ten (10) days after
the notice of lien is recorded.
(F) The notice shall be mailed on or about the 30th day
after the mailing of the billing statement. Such notice
containing a statement as to the interest charge and other costs
and how the same shall accrue and shall further advise the owner
that a notice of lien will be filed by the city against that
parcel of real property. However, if such stormwater management
assessment, together with any interest charges and other costs,
are received within ten (10) days of such notice, then such
notice of lien will not be filed.
(Ord. No. 21-90, passed 7/10/90; Am. Ord. No. 35-93, passed
4/27/93)
Section 56.22 UNIFORM METHOD OF COLLECTION.
(A) Prior to January 1, 1991, the Commission shall hold a
public hearing to consider adopting a resolution of intent to
adopt the uniform method of collection pursuant to F.S. Section
197.3632, as amended and supplemented. A copy of such resolution
must be provided to the Palm Beach County Property Appraiser by
no later than January 10, 1991.
(B) Between June 1 and September 15, 1991, the city shall
adopt a non-ad valorem assessment roll at a public hearing after
notice of such hearing has been given, as required under the Act.
The Commission shall adopt a rate resolution prior to adopting
the non-ad valorem assessment roll.
(C) The city shall, each year, do what is required under
the Act to continue the uniform collection method unless it is
determined by the Commission that such other method of collecting
the stormwater management assessment is in the best interests of
the city. If any obligations secured by the stormwater
management assessments have been issued by the city on or after
the adoption of the uniform method of collection, the Commission
shall not discontinue the uniform method of collection without
the unanimous consent of the owners of such obligations.
V.155