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HomeMy WebLinkAboutOrd 1130-1993ORDINANCE NO. 1130-93 AN ORDINANCE OF THE CITY COUNCIL OF SOUTH SAN FRANCISCO AMENDING CHAPTER 14.04 OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE RELATING TO THE IMPOSITION OF A STORM WATER CHARGE THE CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO DOES ORDAIN AS FOLLOWS: SECTION 1. Section 14.04.040 amended. Section 14.04.040 of the South San Francisco Municipal Code is hereby amended to read as follows: "14.04. 040. Stormwater Charqes Established. Pursuant to the provisions of Health & Safety Code §5471 the City hereby establishes a system of charges for its Stormwater Drainage System. For the purposes of such system of charges "Assessment roll" shall mean the roll upon which general taxes of the City are collected and "Annual real property tax statement" shall mean the annual tax statement issued by the County of San Mateo". SECTION 2: Section 14.04.050 added. Section 14.04.050 of the South San Francisco Municipal Code is hereby added to read as follows: "Section 14.04.050. Schedule of Charaes. The charges for services furnished by the City may be based upon the class of use or area of parcels as determined by resolution of the City Council adopted by a 4/5 vote. Charges shall be assessed on a yearly basis against parcels as set forth in the master fee schedule adopted by resolution of the City Council". SECTION 3. Section 14.04.060 added. Section 14.04.060 of the South San Francisco Municipal Code is hereby added to read as follows: "Section 14.04.060. Collection. Ail stormwater charges hereinabove provided for shall be collected on the official tax assessment roll, together with all regular municipal real property taxes. The charges shall constitute liens upon the particular lots or parcels of land affected and shall be effective at the same time and to the same extent as is provided for by law in the case of property taxes, with like penalties for delinquencies, all provided for by Health & Safety Code ~5473.5, et seq." CENTRAL RE~ SECTION 4. Section 14.04.070 added. Section 14.04.070 of the South San Francisco Municipal Code is hereby added to read as follows: "Section 14.04.070. Special Assessments. The City may, upon a proper showing and upon the city council's making a determination in connection therewith, enter into a special written agreement with any industrial or commercial concern providing for the direct payment of stormwater charges to the city rather than for the charges to be collected on the tax rolls; provided, however, that in the event of a default, the city shall be entitled to receive from the particular taxpayer the benefit of all applicable penalties for delinquencies and to avail itself of all applicable remedies for the enforcement of collection." SECTION 5. Section 14.04.080 added. Section 14.04.080 of the South San Francisco Municipal Code is hereby added to read as follows: "Section 14.04. 080. Finance Director report--Notice and hearing. Annually, on or before the first day of July, it shall be the duty of the finance director to file with the city clerk a report containing a summary of the annual charges of real property, computed in conformity with the schedule of charges. Thereafter, the city council shall hold a public hearing with respect to the report, after the city clerk has given notice by publication, in accord with Government Code Section 6066." SECTION 6. Section 14.04.090 added. Section 14.04.090 of the South San Francisco Municipal Code is hereby added to read as follows: "Section 14.04.090. Adoption of report. On or before the tenth day of August of each year, following the final determination of the city council with respect to the annual report, the city clerk shall file with the county auditor a copy of the report with a statement endorsed thereon over the clerk's signature that it has been finally adopted by the city council. The county auditor shall then enter the amounts of the charges against the respective lots of parcels of land as they appear on the then current assessment roll based upon detailed data provided by the city." 2 CENTRAl- RECORD~ NO. SECTION 7. Section 14.04.100 added. Section 14.04.100 of the South San Francisco Municipal Code is hereby added to read as follows: "Section 14.04.100. Lien aaainst the property. In accordance with the Health and Safety Code Section 5473.5 et seq., the amount of the charges shall constitute a lien against the lot or parcel of land against which the charges have been imposed. The amount shall be included on bills for taxes and shall be subject to all laws applicable to the levy, collection and enforcement of general taxes, including, but not limited to, those pertaining to delinquency, correction, cancellation, refund and redemption." SECTION 8. Section 14.04.110 added. Section 14.04.110 of the South San Francisco Municipal Code is hereby added to read as follows: "Section 14.04.110. Additional charaes. The city may adopt fees to provide for the recovery of costs from users of the storm water system. Such fees may include, but are not limited to, permits, monitoring, inspections and surveillance procedures, accidental discharge matters, appeals, reimbursement of costs incurred by city for removal of pollutants, and any other fees the city deems necessary to carry out the requirements of this chapter. The applicable fees shall be as set forth in the city's master fee schedule." SECTION 9. Section 14.04.200 added. Section 14.04.200 of the South San Francisco Municipal Code is hereby added to read as follows: "Section 14.04.200. Penalty for violation. If stormwater charges are delinquent for a period of sixty days, a penalty of ten percent shall be imposed. If stormwater charges are delinquent for a period of one hundred twenty days, an additional penalty of one and one-half percent per month shall be paid. Any person violating a provision of this chapter or failing to comply with a mandatory requirement of this chapter is guilty of an infraction and, upon conviction, shall be punished as set forth in Chapter 36900 of the Government Code." 3 CENTRA~ R/~CORI::)~ SECTION 10. SEVERABILITY In the event any section or portion of this ordinance shall be determined invalid or unconstitutional, such section or portion shall be deemed severable and all other sections or portions hereof shall remain in full force and effect. SECTION 11. PUBLICATION AND EFFECTIVE DATE. This ordinance shall be published once, with the names of those City Councilmembers voting for or against it, in the Enterprise-Journal, a newspaper of general circulation in the City of South San Francisco, as required by law, and shall become effective thirty (30) days from and after its adoption. Introduced at a regular meeting of the City Council of the City of South San Francisco, held the 9th day of June , 1993. Adopted as an Ordinance of the City of South San Francisco at a requ]ar meeting of the City Council of the City of South San Francisco, held the 23rd day of June , 1993, by the following vote: AYES: Councilmembers Jack Draqo, Joseph A. Fernekes, John R. Penna, Robert Yee, and Mayor Roberta Cerri Teqlia NOES: None ABSTAIN: None ABSENT: None ATTEST: /s/ Barbara A. Battaya City Clerk As Mayor of the City of South San Francisco, I do hereby approve the foregoing Ordinance this 23rd day of June 1993. /s/ Roberta Cerri Teglia Mayor Stormwa~cr.Amd 4 CENTRAL. R~.CORD5