21-90 ORDINANCE NO. 21-90
AN ORDINANCE OF 'THE CITY COHHISSION OF THE CITY OF D~RAY
BEACH, FLORIDA, AMENDING TITLE § "I~JBLIC ~K)RKS" OF THE CODE
OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY
ENACTING A NEW CHAPTER 56 ENTITLED "STORMWATER," MAKING
CERTAIN FINDINGS AND D~TIONS; PROVIDING FOR THE CRE-
ATION AND ESTABLISHMENT OF A CITY-WIDE STORHWATER
MANAGEMENT SYSTEH; AUTHORIZING THE CGHBINING OF ALL STORM-
WATER FACILITIES PRESENTLY OWNED BY THE CITY OF DELRAY
BEACH INTO SUCH UNIFIED STORMWATER ~ SYST~; PRO-
VIDING A FUNDING MECHANISM FOR FINANCING AND REFINANCING
ADDITIONS, EXTENSIONS AND IMI~RO~S TO THE STO1H~TER
HANAGF/~NT SYSTEM AS WELL AS THE COSTS OF OPERATION AND
MAINTENANCE THEREOF; IMPOSING A STORMWATER MANAGEMENT
ASSESSMENT ON ALL PROPERTIES WITHIN THE CITY OF DELRAY
BEACH IN RELATION TO THE BENEFIT DERIVED FROM THE OPERA-
TION, MAINTENANCE, IMPROVEMENT AND EXPANSION OF SUCH
SYSTEM; PROVIDING FOR THE ESTABI~~ OF SUCH STOI~4M~TER
HA/~AGEMENT ASSESSMENTS BY f~IXrl'ION~ PROVIDING FOR PENAL-
TIES AND LIENS; ESTABLISHING AN INTERIM AND PERMANENT
METHOD FOR THE CO~.r.~.CTION OF THE STORMWATER MANAGEMENT
ASSESSMENTS; PROVIDING A PROCEDURE FOR ADJUSTMENT OF THE
STORHWATER MANAGEMENT ~; AUTHORIZING TH~ DIRECTOR
OF PUBLIC WORKS OR HIS DF. SIGNEE TO ADMINISTER THE
STORMWATER MANAGEMENT SYSTEM; AUTHORIZING THE ISSUANCE OF
REVENUE BONDS TO FINANCE AND REFINANCE THE AC~SITION OF
ADDITIONS, EXTENSIONS AND IMPROVEMENTS TO TH~ STOI~MATER
MARAGEMENT SYS~q~M; PROVIDING FOR THE TERMS OF PAYMENT OF
SUCH BONDS; CREATING AND ESTABLISHIHG A STOI~MWATER
MANAGEMENT EI~fERPRISE FUND; SEttlING FORTH c~ DEFINI-
TIONS; PROVIDING A REPE~.~ AND SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Delray Beach, Florida (the "City"),
currently owns and operates a stoI.~water system for the collection,
control and disposal of storm and other surface waters (the "Existing
System"); and
WH~, the City presently does not have in effect any
comprehensive stormwater management program to administer the
Existing System~ and
WHEREAS, Policies E-l.1 through E-1.6 of the Public
Facilities Element of the City's Comprehensive Growth Management Plan
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address the need for the development of a stormwater drainage master
plan; and
WHE~, the City has retained the services of the engi-
neering firm of Gee & Jenson (the "Consulting Engineer") to study the
condition of the City's Existing System, the future improvements nec-
essary to promote the health, safety and welfare of the citizens of
the City and the funding methods available to make such improvements,
and to make recommendations to the City Commission of the City of
Delray Beach (the "Commission") regarding the same; and
WHEREAS, under the Federal Water Pollution Control Act,
the Federal Government has established, as a national priority, the
restoration and maintenance of the integrity of the nation's waters,
and in connection therewith, has mandated permitting requirements for
stormwater discharge; and
WHEREAS, in furtherance of such Federal goals, it is the
intent of the Florida Legislature that units of local governments be
responsible for the development of mutually compatible stormwater
management programs; and
WHEREAS, the findings of the Consulting Engineer's study
revealed that the City's existing stormwater management program is
loosely defined, reactionary to immediate problems, existing storm-
water funding methods fall short of satisfying futureneeds, and the
current level of service offers no comprehensive solution to water
quality and flood control; and
WHEREAS, based on Federal and State mandates regarding
stormwater management, the implementation of the Public Facilities
Element of the city's Comprehensive Growth Management Plan, as it
relates to stormwater management, and the findings of the City's
Consulting Engineer, the Commission finds it to be in the best inter-
ests of the City to create and establish a unified City-wide storm-
water management system (the "System"); and
WHEREAS, the owners, tenants and occupants of property
within the geographical boundaries of the City will derive a special
benefit from the effective management of stormwater and other surface
water and from the operation, maintenance and expansion of the
System; and
WHEREAS, the Commission hereby finds it necessary and
desirable and in the best interests of the City to establish a rea-
sonable and rational stormwater management assessment of property
located within the geographical boundaries of the City in proportion
to the benefits derived from the System and the impact such property
has on the System.
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NOW, THEREFORE, BE IT ORDAINED BY THE CITY CO~ISSION OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLDONS:
SECTION 1. Stormwater Chapter. That Title 5, "Public
Works" of the Code of Ordinances of the City of Delray Beach,
Florida, be, and the same is hereby amended by enacting a new
Chapter 56, "Stormwater," to read as follows;
GENERAL PROVISIONS
SECTION 56.01. Authority.
The statutory authority for the creation and implementation
of this Chapter is the home rule power of Article VIII, §2(b),
Florida Constitution, Chapter 166, Florida Statutes, as amended and
supplemented, Section 403.0893, Florida Statutes, as amended and sup-
plemented, Chapter 197, Florida Statutes, as amended and supple-
mented, the City Charter of the City of Delray Beach, Florida, and
other applicable provisions of law (herein referred to as the
"Act").
SECTION 56.02. Scope and Purpose.
The scope and purposes of this Chapter are:
(A) To provide for effective management and financing of
a stormwater management system within the City (the "System");
(B) To provide a mechanism for mitigating the damaging
effects of uncontrolled and unplanned stormwater runoff from both a
water quality and water quantity standpoint;
(C) To improve the public health, safety and welfare by
providing for the safe and efficient capture and conveyance of storm-
water runoff and the correction of stormwater problems;
(D) To authorize the establishment and implementation of
a master plan for stormwater drainage including design, coordination,
construction, management, operation, maintenance, inspection and
enforcement;
(E) To establish' reasonable stormwater management assess-
ment based on each property's estimated contribution of stormwater
runoff to the System and the benefit derived from the use of the
facilities of the System;
(F) To encourage and facilitate urban water resources
management techniques, including but not limited to the retention/
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detention of stormwater runoff, minimization of the need to construct
storm sewers, and the enhancement of the environment; and
(G) To provide for the issuance of bonds to finance addi-
tions, extensions and improvements to the System.
SECTION 56.03. Findinqs and Determinations.
It is hereby found, determined and declared, as follows:
(A) That all terms not otherwise defined in this Section
shall have the meaning ascribed to such terms in 56.04 of this
Chapter.
(B) That, as a means of complying with Federal and State
mandated goals and priorities relating to stormwater management, to
facilitate the implementation of a stormwater drainage master plan,
as required by the City's Comprehensive Growth Management Plan, and
provide for the current and future needs of the City, with respect to
collection, control and disposal of storm and other surface water
within the geographical boundaries of the City, the Commission hereby
finds it to be in the best interests of the City to combine the
City's Existing System and all stormwater drainage facilities relat-
ing thereto presently owned and managed by the City, including but
not limited to such storm sewers, drains, culverts, retention sys-
tems, detention basins, drainage wells, conduits and appurtenant fea-
tures, catch basins, desilting facilities, recharging basins, outfall
structures, equipment and all appurtenances, whether man-made or nat-
ural, necessary, useful or convenient for a unified stormwater man-
agement system.
(C) That land use and development affecting storm and
surface water should be managed, regulated and controlled under the
unified management of a City-wide system for the purpose of, among
other things, reducing or controlling erosion, sedimentation and tur-
bidity, and other pollution of water, danger and damage to life and
property, and to protect and encourage the use of natural and effi-
cient man-made means to these ends.
(D) That the establishment and operation of the System
will serve a vital public purpose and promote the common interests,
and provide for the health, safety and welfare of the citizens of the
City.
(E) That those elements of the System, which provide for
the collection, storage, treatment and conveyance of stormwater, are
of benefit and provide value to all properties within the City.
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(F) That the cost of operating and maintaining the System
and the financing and refinancing of existing and future necessary
repairs, replacements, improvements, and extensions thereof should,
to the extent practicable, be allocated in relationship to each
property's estimated contribution of stormwater runoff to the System
and the benefit derived from the use of the System.
(G) That it is the intent of the Commission that the
Stormwater Management Assessment partially fund the Stormwater
Management System Enterprise Fund (hereby created and established)
for the City.
(H) That the Benefited Area, with respect to Developed
Property, shall be assessed a charge on the basis of the pro rated
amount of the Impervious Area, developed from localized studies
within the City performed by the City's Consulting Engineer.
(I) That it is recognized that Unimproved Land also con-
tributes stormwater runoff to the System and receives a benefit from
the use of the System, and therefore such lands should also be
assessed a per acreage charge based upon the estimated contribution
of stormwater runoff to the System and the benefit derived from the
use of the System.
SECTION 56.04. Definitions.
The following words, when used herein, shall have the mean-
ings indicated, unless the context indicates otherwise:
"Act" shall have the meaning set forth in 56.01 of this
Chapter.
"Benefited Area" shall mean the geographical boundaries of
the City including all future annexations and consolidations.
"City" shall mean the City of Delray Beach, Florida, a
municipal corporation.
"Commission" shall mean the City Commission of the City of
Delray Beach, Florida, acting as the governing body of the City.
"Consulting Engineer" shall mean a qualified engineer or
engineering fizla licensed in the State of Florida and retained by the
city to perform the acts and carry out the duties relating to the
System, as required by the City.
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"Department" shall mean the Department of Public Works of
the City having jurisdiction and cognizance over the System and mat-
ters relating to the use, management, operation and maintenance of
the System.
"Developed Property" shall mean any property with more
than 7% of Impervious Area on such property.
"Director" shall mean the Director of Public Works or his
designee.
"Equivalent Residential Unit" or "ERU" shall mean 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
percent of one (1) acre of land.
"Existing System" shall mean the City's stormwater system
and facilities existing at the time of the enactment of this
Chapter.
"Impervious Area" shall mean an area which.either prevents
or retards the entry of water into the soil mantle. Common
Impervious Areas include, but are not limited to, rooftops, side-
walks, 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" shall mean 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" shall mean public rights-of-way,
lakes, rivers, and other bodies of water not utilizing or having a
direct or indirect impact on the System, 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" shall mean 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.
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"Residential Property" shall mean any Developed Property
which has the majority use as a place of residence and is so classi-
fied by the Palm Beach County Property Appraiser.
"Stormwater Management Assessment" shall mean a non-ad
valorem assessment imposed by the City pursuant to this Chapter and
Section 403.0893, Florida Statutes, 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 bene-
fit assessed against each parcel within the Benefited Area,
"Surface Water Management Permit" shall mean a South
Florida Water Management District permit for surface water management
facilities.
"System" shall mean the City's unified Stormwater
Management System, as more particularly described in 56.03(2) of this
Chapter, and including management services such as designing, permit-
ting, planning, and reviewing stormwater-related infrastructure;
operation, maintenance, repair and replacement of the infrastructure;
and the improvement or enhancement of the infrastructure related to
the approved Public Facilities Elements of the Comprehensive Growth
Management Plan for the City.
"Unimproved Land" shall mean (i) any undeveloped land
regardless of its zoning classification by the Palm Beach County
Property Appraiser, and (ii) any developed property (other than a
single family residence) which has less than 7% of Impervious Area.
"Year" shall mean the City's fiscal' year commencing on
October 1 and continuing to and including the next succeeding
September 30, or such other annual period as may be prescribed by
law.
"Uniform Collection Method" shall mean the method (except
as otherwise provided in this Chapter) to be utilized by the City for
the Year con~encing October 1, 1991, and each year thereafter for the
billing, collection and enforcement of the payment of the Stormwater
Management Assessments, as authorized pursuant to Section 403.0893,
Florida Statutes, as amended and supplemented, and Chapter 197,
Florida Statutes, as amended and supplemented.
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SECTION 56.05. Creation of StormwaterManage~ent S~.
Pursuant to the Act, the City hereby creates and estab-
lishes the System, thereby combining the Existing System and declar-
ing its intention to acquire, own, construct, equip, operate and
maintain all stormwater facilities, equipment and appurtenances nec-
essary, useful or convenient for a complete stormwater management
system. The Department shall have jurisdiction over the System and
the responsibility for the administration thereof. The City Manager
shall initially appoint the Director and any successors to oversee
the operation of the System. The Director, in coordination with the
City Manager, city Engineer and Director of Finance, and in consulta-
tion with the Consulting Engineer, shall have the responsibility for
planning, developing, and implementing stormwater management plans;
financing, constructing, maintaining, rehabilitating, inspecting, and
managing existing and new stormwatef facilities; collecting fees and
charges other than the Stormwater Management Assessments; implement-
ing and enforcing the provisions of this Chapter; and other related
duties as may be directed by the Commission.
STORMWATER MANAGEMENT
SECTION 56.15. Imposition of Stormwater Manaqement
Assessment, Classification and Criteria.
(A) A Stormwater Management Assessment is hereby imposed
on each parcel of land, other than Non-Assessed Property, within t~e
Benefited Area.
(B) For purposes of imposing the Stormwater Management
Assessment, all parcels of land, other than Non-Assessed Property,
shall have one of the following classifications:
1. Developed Property
(a) Residential Property
(b) Non-Residential Property
2. Unimproved Land
(C) The Stormwater Management Assessment shall be fair
and reasonable and levied in proportion to the special benefit each
parcel receives by the use of the System, including such additions,
extensions and improvements made thereto. It being recognized that
both Developed Property and Unimproved Land contributes stormwater
runoff, and absent the utilization of the System, the use, enjoyment
and value of each parcel will be diminished in proportion to the
uncontrolled stormwater runoff attributable to each such parcel. It
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is also recognized that each user of the System derives a special
benefit from the effective operation and maintenance of the System in
proportion to each parcel's impact on the System, namely stormwater
runoff.
SECTION 56.16. Establishment of Rates for Stormwater
Manaqement Assessments.
(A) The rate of Stormwater Management Assessments for
each parcel within the Benefited Area, other than with respect to
Non-Assessed Property, shall be established each Year by resolution
of the Commission. Except as provided below, such rate resolution
shall not be adopted (i) prior to the establishment of a operational
budget for the System for such next succeeding Year prepared by the
Director, and (ii) prior to the conducting of one or more rate hear-
ings as required under applicable law. Such budget shall include,
but not be limited to, the estimated cost of planning and construct-
ing additions, extensions and improvements to the System for such
next succeeding Year (the "Capital Element"); the debt service
requirements for any obligations issued by the City (other than
voter-approved general obligation debt) to finance or refinance addi-
tions, extensions and improvements to the System (the "Debt Service
Element"); and the cost of operation and maintenance of the System
for such next succeeding Year (the "O and M Element"). The O and M
Element shall contain all outlays of the System determined to be nec-
essary and proper by the city Manager, which will not be provided for
in the Capital Element and Debt Service Element of the operational
budget. The rate hearings and rate resolution shall clearly estab-
lish what portion of the Stormwater Management Assessment reflects
the Capital Element, the Debt Service Element, if any, and the O and
M Element.
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,
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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 the Interim
Collection Method in the manner set forth in 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. Developed Property.
(a) The annual Stormwater Management Assessment
for a single family residential unit shall be the rate
for one (1) ERU, multiplied by one (1) ERU, multiplied
by twelve (12).
(b) The annual Stormwater Management Assessment
for a residential condominium unit shall be the rate
for one (1) ERU, multiplied by fifty-three percent
(53%) of one (1) ERU, multiplied by twelve (12).
(c) The annual Stormwater Management Assessment
for a singly-owned multi-family Residential Property
shall be the rate for one (1) 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 (1) ERU,
multiplied by twelve (12).
(d) The annual Stormwater Management Assessment
for Developed Non-Residential Property shall be the
rate for one (1) 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 (1) ERU, multiplied by
twelve (12).
2. Unimproved Land.
(a) The annual Stormwater Management Assessment
for a parcel of Unimproved Land shall be the rate for
one (1) ERU, multiplied by a numerical factor to be
determined by multiplying the total acres of such
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Unimproved Land by 1.2 ERU's, multiplied by
twelve (12).
(D) 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") 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.
SECTION 56.17 Adjustment of Stormwater Management
Assessments.
(A) Owner-Initiated A4justments. Requests for adjust-
ment 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, considera-
tion shall be given to properties with valid Surface Water Management
Permits indicating the provision of functional retention facilities.
Ail requests from owners of Residential Property (other than the
owner of a single family residential unit or residential condominium
unit) shall be reviewed strictly on the basis of the amount of
Impervious Area on the property and, when applicable, on the basis of
the number of individual dwelling units existing on the property. No
requests for adjustments made by an owner of a single family residen-
tial unit or residential condominium unit shall be considered. 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 cor-
rection 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 his or her tax bill
containing the Stormwater Management Assessment. If the
Interim Collection Method is being used by the City, the
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adjustment request must be made during the Year the
Stormwater Management Assessment is imposed. The adjust-
ment 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. If the Uniform Collection Method is being used by
the City, 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. The owner requesting the adjustment may be
required, at his own cost, to provide supplemental informa-
tion to the Director including, but not limited to, survey
data certified by a professional land surveyor and/or engi-
neering reports approved by a professional engineer and
acceptable to the Director. Failure to provide such infor-
mation may result in the denial of the adjustment request.
5. The adjustment to the Stormwater Management
Assessment will be made upon the granting of the adjustment
request, in writing, by the Oirector. The document grant-
ing the adjustment request will be provided to the owner
and, if the Uniform Method of Collection is being used by
the City, the document 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 pro-
vided to the owner.
(B) A~peals. All determinations of the Director pursuant
to this Section may be appealed to a board of appeals. These appeals
must be filed within 30 days of receipt of the written determination
of the Director. The board of appeals shall comDlete 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) 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
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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 inspec-
tion of on-site retention/detention facilities on parcels to which an
adjustment to the Stormwater Management Assessment has been granted.
The owner benefitting 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 wel-
fare of the citizens of the City, the Director may cause an inspec-
tion 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 56.17. Delinquent Stormwater Nanaqement
Assessments.
Ail 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.
Ail Stormwater Management Assessments delinquent hereunder
shall be subject to (1) an interest charge at the Florida statutory
rate, and (2) a rebilling charge covering administrative costs.
The provisions under Chapter 197, Florida Statutes, regard-
ing 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.
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.
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SECTION 56.18. Stormwater Nanaqement Assessment Lien.
Ail Stormwater Management Assessments, assessed pursuant to
this Chapter, shall be a lien upon the proper~y to which such assess-
ment relates from the first day of the Year for which said assessment
is imposed until such assessment is paid. The owner of every build-
ing, premise, lot or house shall be obligated to pay the Stormwater
Management Assessments, which obligation may be enforced by the City
by action at law or suit to enforce the lien in the same manner as
the foreclosure of mortgages. In the event of such action, the City
shall be entitled to recover all court costs and reasonable attorney
fees for such collection. 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 Chapter 197,
Florida Statutes, as amended and supplemented, including provisions
relating to discount for early payment, prepayment by installment
method, deferred payment, penalty for delinquent payment, and issu-
ance and sale of tax certificates and tax deeds for nonpayment, as
provided by law. Such Stormwater ~anagement Assessment is subject to
becoming a lien against homestead, as provided in Section 4,
Article X, of the Florida Constitution.
It is the intent of the City by the enactment of this
Section that, until fully paid and discharged or barred by law, the
Stormwater Management Assessments shall be prior to other liens,
except that such liens shall be on a parity with the lien of State,
County and municipal taxes, and any lien for charges for services
created pursuant to Section 159.17, Florida Statutes.
SECTION 56.19. Private Facilities.
The property owner shall be responsible for stormwater
drainage facilities located on private property where runoff will
principally be collected within that property. The owner shall clean
and maintain the facility or channel, as required, to ensure effi-
cient and proper operation of the facility, and shall obtain the
Director's prior written approval for any proposed changes or alter-
ations to any private stormwater drainage facilities that, in the
City's sole discretion, may substantially or adversely affect
stormwater drainage in the property owner's area.
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The Director shall provide for inspection of private facil-
ities to ascertain that the stormwater facilities are functioning as
designed and approved. The Director shall provide for remedial main-
tenance of facilities based upon the severity of stormwater problems
and potential haza.rd to the public health, safety and welfare.
SECTION 56.20. Interim Method of Collection.
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 56.16.
After rates for the Stormwater Management Assessment have been deter-
mined for such period, the Director of Finance shall, based on infor-
mation 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 Peflecting 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 ko continue to use the
Interim Method of Collection.
SECTION 56.21. 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 Section 197.3632 of the
Florida Statutes, as amended and supplemented. A copy of such reso-
lution 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 role 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 deter-
mined 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 discon-
tinue the Uniform Method of Collection without the unanimous consent
of the owners of such obligations.
-15- Ord. No. 21-90
(D) Upon the enactment of this Chapter, the Commission
shall take such action necessary, including the enactment of an
ordinance, to provide for due process safeguards for the owners of
property hereby assessed under this Chapter.
SECTION 56.22. Funding Sources.
Funding for the System may include, but not be limited to,
the following:
(A) Stormwater Management Assessments.
(B) Permit and inspection fees.
(C) Direct charges for the cost of designing and con-
structing stormwater facilities, administrative costs and related
expenses where the Department designs, constructs, or contracts for
the construction of such facilities.
(D) Other income obtained from Federal, State, local, and
private grants, or loans.
(E) Impact fees.
(F) Development capital contributions.
(G) Investment earnings.
(H) Other legally available moneys.
SECTION 56.23. Stormwater Manaqement Enterprise Fund.
Ail Stormwater Management Assessments collected by the City
shall be paid into an enterprise fund, which is hereby created, to be
known as the "Stormwater Management Enterprise Fund" or the "Fund."
In addition, all other revenues, funding sources and interest earn-
ings derived from, or attributable to the System, shall be deposited
in the Stormwater Management Enterprise Fund. Such Fund shall be
used for the purpose of paying the cost of additions, extensions and
improvements to the System, paying debt service on obligations issued
to finance or refinance such additions, extensions and improvements
and for paying the cost of operation and maintenance of the System.
To the extent that the Stormwater Management Assessments collected
are insufficient to construct the needed stormwater drainage facili-
ties, the cost of the same may be paid from such City fund as may be
determined by the Commission, but the Commission may order the reim-
bursement of such fund if additional assessments are thereafter
collected. Notwithstanding the foregoing, no person shall have the
right to compel the City to contribute general fund moneys to the
-16- Ord. No. 21-90
System. When the fund has surplus dollars on hand in excess of
current needs, the surplus dollars may be invested in any lawful
manner and such investment earnings shall be deposited in the Fund.
The Stormwater Management Assessments collected shall not
be used for general or other governmental or proprietary purposes of
the City, except to pay for the equitable share of the cost of
accounting, management and government thereof. Other than as
described above, the Stormwater Management Assessments shall be used
solely to pay for the cost of operation, repair, maintenance,
improvements, debt service, renewal, replacement, design, right-of-
way acquisition, and construction of public stormwater drainage
facilities and costs incidental thereto.
SECTION 56.24. Floodinq; Liability.
Floods from stormwater runoff may occasionally occur which
exceed the level of service of storm drainage facilities constructed,
operated, or maintained by funds made available under this Chapter.
This Chapter shall not be construed or interpreted to mean that prop-
erty subject to the Stormwater Management Assessments established
herein will always (or at any time) be free from stormwater flooding
or flood damage, or that stormwater systems capable of handling all
storm events can be cost-effectively constructed, operated, or main-
tained; neither shall this Chapter create any liability on the part
of, or cause of action against, the City, or any official or employee
thereof, for any flood damage that may result from such storms or the
runoff thereof; neither does this Chapter purport to reduce the need
or the necessity for obtaining flood insurance by individual property
owners.
BOND PROVISIONS
SECTION 56.35. Bonds and Other Evidences of Indebtedness.
The City may, from time to time, issue bonds, notes or
other evidences of indebtedness (collectively referred to as "Bonds")
to finance or refinance the costs of additions, extensions and
improvements to the System and to pay the costs of issuing such
Bonds. Such Bonds shall be issued pursuant to resolution adopted by
a majority vote of the Commission, which resolution or supplements
thereto shall set forth, among other things, the use and disposition
of the proceeds of the Bonds, the maturity date or dates of the Bonds
and the interest rate or rates thereon or rate of accretion, if
applicable, the manner and method of payment, the rights and remedies
of the holders thereof, the security for repayment and other cove-
nants or conditions as the Commission may deem proper. The
provisions of the Act and general law shall be the only limitations
and restrictions regarding the issuance of Bonds.
-17- Ord. No. 21-90
SECTION 56.36. Security for Repayment of Bonds.
Unless otherwise provided by resolution, Bonds issued to
finance or refinance the cost of additions, extensions and improve-
ments to the System shall be payable from and have a lien on the
moneys on deposit in the Fund. If the City shall issue Bonds for the
purposes set forth in this Chapter and secures the repayment thereof
with moneys other than the moneys derived from the collection of the
Stormwater Management Assessments, the City may reimburse the fund,
from which such moneys were derived, from moneys on deposit in the
Stormwater Management Enterprise Fund.
ADMINISTRATION
SECTION 56.45. Duties of Director.
The administration of the System is hereby placed in and
shall be exercised by the Director who shall have, for the ascertain-
ment, computation and collection of the Stormwater Management
Assessments imposed hereunder and for the proper administration and
enforcement hereof, the power to:
(A) Prepare regulations as needed to implement this
Chapter and forward the same to the Commission for consideration and
adoption, and adopt such procedures as are required to implement said
regulations, or carry out other responsibilities for the effective
administration of the System;
(B) Administer the acquisition, design, construction,
maintenance and the operation of the System, including capital
improvements designated in the comprehensive drainage plan;
(C) Administer and enforce this Chapter and all regula-
tions and procedures adopted relating to the design, construction,
maintenance, operation and alteration of the System, including, but
not limited to, the quantity, quality, and/or velocity of the storm-
water conveyed thereby;
(D) Inspect private systems as necessary to determine the
compliance of such systems with this Chapter and any regulations
adopted under this Chapter;
(E) Advise the Commission, City Manager and other City
departments on matters relating to the System;
(F) Prepare and revise a comprehensive stormwater drain-
age plan for adoption by the Commission at least every five years;
-18- Ord. ~o. 21-90
(G) Review plans, approve or deny, inspect and accept
extensions to the System.
(H) Establish and enforce regulations to protect and
maintain water quality within the System in compliance with water
quality standards established by State and/or Federal agencies as now
adopted .or hereafter amended;
(I) Analyze the cost of services and benefits provided,
and the system and structure of the Stormwater Management
Assessments, and other fees, charges, fines and revenues of the
System annually to ensure an equitable, adequate and stable rate
structure and to achieve a stable financial position for the System.
SECTION 2. Severabilit¥ of Provisions. That, if any sec-
tion, clause, sentence or provision bf this Ordinance, or the appli-
cation of such section, clause, sentence or provision to any persons,
bodies or circumstances, shall be held to be inoperative, invalid or
unconstitutional, the invalidity of such section, clause, sentence or
provision shall not be held, deemed or taken to affect the applica-
tion of the provisions of this Ordinance to persons, bodies or cir-
cumstances other than those as to which it, or any parts thereof,
shall have been held inoperative, invalid or unconstitutional, and
the remaining portions hereof shall not be affected and shall remain
in full force and effect.
SECTION 3. Repealer. That all ordinances and resolutions,
or parts thereof, in conflict with this Ordinance are to the extent
of such conflict hereby repealed.
SECTION 4. Effective Date. That this Ordinance shall
become effective after its passage on second and final reading. A
certified copy of this Ordinance, as enacted, shall be filed with the
Department of State.
-19- Ord. No. 21-90
PASSED AND ADOPTED in ~egular session on second and final
reading on this, the 10th day of July, 1990.
CITY O~
By:__
Attest:
City Clerk '
First Reading: June 26, 1990
Second Reading: July !0, 1990
-20- Ord. No. 21-90
TLE ~, ~PUBI,.IC-~
CODE OF ORDINANCES OF THE
CITY OF DELRAY BEACH, FLORI.
DA, BY ENACTING A NEW CHAP-
TER ~ ENTITLED '~TORMWATER,.
M(ING CEITAIN FINDINGS AND
~TERM NATIONS; PROVIDING
FOR THE CREATION AND ESTAB*
LI$~LME#T OF A CITY.WIOE
STOR//MAT~R'~ MANAGEMENT
TE4~; AUTHORIZING THE COMB*
lNG OF ALL STDEMWATER FAC~LI:
TIES PRESENTLY OWNED BY THE
CITY OF
SUCH