Every customer whose premises are served by a connection with the stormwater management system and facilities of the City, either directly or indirectly, shall pay to the City stormwater service charges hereinafter established and specified for the purpose of contributing towards the costs of construction, maintenance, and operation of the stormwater management system and facilities.

   Stormwater service charges shall accrue beginning January 1, 2011, and shall be billed monthly thereafter to all customers.

   1.   Except as hereinafter noted, each customer whose property lies within the corporate limits of the City shall pay to the City, through its collection agent, the City’s Water Department, at the same time payment for City water is made, the following charges per equivalent residential unit associated with the customer’s property (an “ERU” means the median average impervious coverage of a detached dwelling unit property in the City, which has been determined by the City to be 4,000 square feet of impervious surface area):

      A.   Undeveloped. A flat storm sewer availability charge at the rate of $0.00 per month, regardless of the amount of consumption by such customer.

      B.   Residential. A storm sewer availability charge, regardless of the amount of the consumption by such customer, will be adopted by resolution of the Council.

      C.   Commercial or Industrial. A storm sewer availability charge will be adopted by resolution of the Council.

   2.   The number of ERU’s on each property shall be calculated by the Public Utilities Superintendent based on the most recent aerial photography available to the City or impervious surface data from an approved site plan for the property.

   Any customer who believes the provisions of this chapter have been applied in error may appeal in the following manner:

   1.   Filing of Appeal. An appeal must be filed in writing with the City Administrator. In the case of service charge appeals, the appeal shall include a survey prepared by a registered State land surveyor or professional engineer containing information on the total property area, the impervious surface area, and any other features or conditions which influence the hydrologic response of the property to rainfall events.

   2.   Technical Review. Using the information provided by the appellant, the City Administrator shall conduct a technical review of the conditions on the property and respond to the appeal in writing within 30 days.

   3.   Adjustment of Charge. In response to an appeal, the City Administrator may adjust the stormwater service charge applicable to a property in conformance with the general purpose and intent of this chapter.

   4.   Appeal of Adverse Decision. A decision of the City Administrator which is adverse to an appellant may be further appealed to the Council within 30 days of receipt of notice of the adverse decision. Notice of the appeal shall be served on the Council by the appellant, stating the grounds for the appeal. The Council shall schedule a public hearing within 30 days. All decisions of the Council shall be served on the appellant by registered mail, sent to the billing address of the appellant.

   5.   Council Decisions Final. All decisions of the Council shall be final, subject to any appeal rights available under current State Law.

   Exemptions from charges are those permitted as follows:

   1.   City, State, and federal roads, bridges, highways, streets, rights-of-way, sidewalks, and pathways.

   2.   Parks, buildings, facilities, and open spaces, including, but not limited to, parking lots or facilities, owned or operated by the City.

   3.   Railroad right-of-way (tracks).

   4.   A subdivided lot until a substantially completed structure has been built on the lot.

   Billing and payment for stormwater services shall be in accordance with the following:

   1.   Payments of Bills. All stormwater service charges are due and payable under the same terms and conditions provided for payment of a combined service account as contained in Section 92.04. Stormwater service may be discontinued or disconnected in accordance with the provisions contained in in Section 92.08 relating to lien notices shall also apply in the event of a delinquent account.

   2.   Lien for Nonpayment. Except as provided for in Section 92.07, the owner of the premises served and any lessee or tenant thereof shall be jointly and severally liable for sewer service charges to the premises. Sewer service charges remaining unpaid and delinquent shall constitute a lien upon the property or premises served and shall be certified by the Clerk to the County Treasurer for collection in the same manner as property taxes.

   3.   The provision for collection provided herein shall be in addition to any rights or remedies that the City may have under the laws of the State or this Code.

   The City will review the stormwater service charges at least yearly and revise the stormwater service charges as necessary to ensure that such charges as herein established and specified generate adequate revenues to pay the costs of maintenance and operation (including replacement and debt service) of a stormwater management system and facilities and that the stormwater service charges continue to provide for the proportional distribution of maintenance and operation costs (including replacement costs and debt service) for a stormwater management system and facilities among the users and user classes. The liability of a stormwater service user to pay for charges as provided in this chapter shall not be contingent, however, upon any such review or revision.