Junction City City Zoning Code

To maintain and improve the quality of surface water and ground water within the City;

To prevent the discharge of contaminated stormwater runoff from industrial, commercial, residential and construction sites into the municipal separate storm sewer system (MS4) and natural waters within the City;

To promote public awareness of the hazards involved in the improper discharge of hazardous substances, petroleum products, household hazardous waste, industrial waste, sediment from construction sites and non-stormwater discharges, pesticides, herbicides, fertilizers and other contaminants into the storm sewers of the City;

To encourage recycling of used motor oil and safe disposal of other hazardous consumer products;

To facilitate compliance with local, State and Federal standards and permits by owners of industrial and construction sites within the City;

To reduce pollutants in stormwater runoff from construction activities and post-construction runoff;

To enable the City to comply with all Federal and State laws and regulations applicable to its NPDES permit for stormwater discharges.

It shall be unlawful to release or cause to be released into the municipal separate storm sewer system (MS4) any discharge other than uncontaminated stormwater. Common stormwater contaminants that are prohibited include, but are not limited to, trash, yard waste, lawn chemicals, pet waste, wastewater, oil, petroleum products, cleaning products, paint products, hazardous waste and sediment; except as allowed by exemptions.

It shall be unlawful to release any discharge that has been determined by the Director to be a pollutant to the storm drainage system.

It shall be unlawful to construct, use or maintain an illicit connection to the storm drainage system. It is unlawful to fail to remove an illicit connection, even if it is not currently used or maintained. This prohibition expressly includes, without limitation, connections that are now illicit, regardless of whether the connection was permissible under law or practices applicable or prevailing at the time of connection.

It shall be unlawful to connect a line conveying sanitary sewage, domestic sewage or industrial waste to the storm drainage system or allow such a connection to continue.

A discharge authorized by an NPDES permit other that the NPDES permit for discharges from the MS4;

A discharge or flow resulting from emergency fire fighting;

Uncontaminated water line flushing and other infrequent discharges from potable water sources;

Infrequent uncontaminated discharge from landscape irrigation or lawn watering;

A discharge or flow from uncontaminated pumped ground water or rising ground water;

Uncontaminated ground water infiltration;

Discharge from the occasional non-commercial washing of vehicles on properties zoned RS, RG or RM;

A discharge or flow from air conditioning condensation that is unmixed with water from a cooling tower, emissions scrubber, emissions filter or any other source of pollutant;

A discharge or flow from water used in street washing that is not contaminated with any soap, detergent, degreaser, solvent, emulsifier, dispersant or any other harmful cleaning substance;

Stormwater runoff from a roof that is not contaminated by any runoff or discharge from an emissions scrubber or filter or any other source of pollutant;

Swimming pool water, excluding filter backwash, that has been dechlorinated so that it contains no harmful quantity of chlorine, muriatic acid or other chemical used in the treatment or disinfection of the swimming pool water or in pool cleaning;

Heat pump discharge waters (residential only);

Uncontaminated discharge from foundation, footing or crawl space drains, sump pumps and air conditioning condensation drains;

Uncontaminated ground water, including rising ground water, ground water infiltration into storm drains, pumped ground water and springs;

Diverted stream flows and natural riparian habitat or wetland flows;

A discharge or flow of fire protection water that does not contain oil or hazardous substances or materials.

The discharges listed above will not be allowed if the discharge or flow in question has been determined by the Director to be a source of a pollutant to the waters of the United States or to the MS4, written notice of such determination has been provided to the discharger and the discharge has occurred more than 10 days beyond such notice. The correctness of the determination that a discharge is a source of a pollutant or pollutants may be reviewed in any administrative judicial enforcement proceeding.

The specific prohibitions and requirements in this Section are not necessarily inclusive of all the discharges prohibited by the general prohibition in Section 456.040.

No person shall introduce or cause to be introduced into the MS4 any discharge that causes or contributes to causing the City to violate a KDHE water quality standard, the City's NPDES stormwater permit or any State-issued discharge permit for discharges from its MS4.

No person shall dump, spill, leak, pump, pour, emit, empty, discharge, leach, dispose or otherwise introduce or cause, allow or permit to be introduced the following substances into the MS4:

No person shall introduce or cause to be introduced into the MS4 any harmful quantity of sediment, silt, earth, soil or other material associated with clearing, grading, excavation or other construction activities in excess of what could be retained on site or captured by employing sediment and erosion control measures to the maximum extent practicable under prevailing circumstances.

No person shall connect a line conveying sanitary sewage, domestic or industrial, to the MS4 or allow such a connection to continue.

Regulation Of Pesticides And Fertilizers.

Used Oil Regulation. No person shall discharge used oil into the MS4 or a sewer, drainage system, septic tank, surface water, ground water or watercourse.

Private Drainage System Maintenance. The owner of any private drainage system shall maintain the system to prevent or reduce the discharge of pollutants. This maintenance shall include, but is not limited to, sediment removal, bank erosion repairs, maintenance of vegetative cover and removal of debris from pipes and structures.

Minimization Of Irrigation Runoff. A discharge of irrigation water that is of sufficient quantity to cause a concentrated flow in the storm drainage system is prohibited. Irrigation systems shall be managed to reduce the discharge of water from a site.

Cleaning Of Paved Surfaces Required. The owner of any paved parking lot, street or drive shall clean the pavement as required to prevent the buildup and discharge of pollutants. The visible buildup of mechanical fluid, waste materials, sediment or debris is a violation of this Chapter. Paved surfaces shall be cleaned by dry sweeping, wet vacuum sweeping, collection and treatment of wash water or other methods in compliance with this Chapter. This Section does not apply to pollutants discharged from construction activities which are regulated by Section 456.050A.

Mobile commercial cosmetic cleaning operations shall not discharge to the storm drainage system in violation of this Chapter.

Maintenance Of Equipment. Any leak or spill related to equipment maintenance in an outdoor, uncovered area shall be contained to prevent the potential release of pollutants. Vehicles, machinery and equipment must be maintained to reduce leaking fluids.

Materials Storage. In addition to other requirements of this Code, materials shall be stored to prevent the potential release of pollutants. The uncovered, outdoor storage of unsealed container of hazardous substances is prohibited.

Pet Waste. Pet waste shall be disposed of as solid waste or sanitary sewage in a timely manner to prevent discharge to the storm drainage system.

Pesticides, Herbicides And Fertilizers. Pesticides, herbicides and fertilizers shall be applied in accordance with manufacturer recommendations and applicable laws. Excessive application shall be avoided.

Prohibition On Use Of Pesticides And Fungicides Banned From Manufacture. Use of any pesticide, herbicide or fungicide, that manufacture of which has been either voluntarily discontinued or prohibited by the Environmental Protection Agency or any Federal, State or City regulation, is prohibited.

Open Drainage Channel Maintenance. Every person owning or occupying property through which an open drainage channel passes shall keep and maintain that part of the drainage channel within the property free of trash, debris, excessive vegetation and other obstacles that would pollute, contaminate or retard the flow of water through the drainage channel. In addition, the owner or occupant shall maintain structures that will not become a hazard to the use, function or physical integrity of the drainage channel.

The City may adopt and impose requirements identifying BMP for any activity, operation or facility which may cause a discharge of pollutants to the storm drainage system. If specific BMP are required, it shall be unlawful to fail to comply with the BMP.

It shall be unlawful to damage, destroy or interfere with the implementation of BMP.

The owner, contractor or person responsible for a construction site shall be responsible for compliance with the requirements of Section 456.050.

Qualified personnel (provided by the owner of the construction site) shall inspect disturbed areas that have not been finally stabilized, areas used for storage of materials that are exposed to precipitation, structural control measures and locations where vehicles enter or exit the site at least once every seven calendar days and within 24 hours of the end of a storm that is one-half inch or greater. All erosion and sediment control measures and other identified best management practices shall be observed in order to ensure that they are operating correctly and are effective in preventing significant impacts to receiving waters and the MS4. Based on the results of the inspection, the best management practices shall be revised as appropriate as soon as practicable. These inspections, along with a description of revisions, will be documented in writing and available for inspection by the Director upon request.

Waste Disposal. Solid waste, industrial waste, yard waste and any other pollutants or waste on any construction site shall be controlled through the use of BMP. Waste or recycling containers shall be provided and maintained by the owner or contractor on construction sites where there is the potential for release of waste. Waste must be contained so that it will not blow, wash or otherwise be released from the construction site.

Ready-mixed concrete or any materials resulting from the cleaning of vehicles or equipment containing or used in transporting or applying ready-mixed concrete shall be contained on construction sites for proper disposal. Release of these materials is prohibited.

Erosion And Sediment Control. The owner, contractor or person responsible shall comply with BMP to prevent the release of sediment from construction sites. Disturbed areas shall be minimized, disturbed soil shall be managed and construction site entrances shall be managed to prevent sediment tracking. Excessive sediment tracked onto public streets shall be removed immediately if the sediment presents a traffic hazard or public safety concern. Failure to comply shall constitute a violation of this Chapter. Public works shall clean up the sediment, mud or water and bill the owner or contractor for the cost of removal.

Should it be found that soil or pollutants have already or may be carried into the MS4 or waters of the United States, immediate measures will be taken by the owner to remedy the violation and/or remove the pollutants. If the owner fails to remove pollutants within the time period prescribed in the notice of violation from the City, the City may remove the pollutants and assess the cost thereof to the responsible owner. Failure of the owner to pay said costs will be grounds for the denial of further approvals or the withholding of occupancy certificates.

The Director may require any plans and specifications that are prepared for the construction of site improvements to illustrate and describe the best management practices that will be implemented at the construction site. Should the proper BMP not be installed or if the BMP are ineffective, upon reasonable notice to the owner, the City may deny approval of any building permit, grading permit, subdivision plat, site development plan or any other City approval necessary to commence or continue construction or to assume occupancy.

The owner of a site of construction activity is responsible for compliance with the requirements in this Subsection. In the case of new subdivisions, builders on individual lots can operate under the developer's NPDES permit if the developer's SWP3 deals with individual lots and the contractor's certification has been signed.

Any contractor on a construction site will also be required to use best management practices so as to minimize pollutants that enter into the MS4.

All persons shall avoid damaging BMP devices once in place. Any person damaging a BMP device shall be responsible for the repair of the damaged BMP device. Malicious destruction of a BMP device or failure of such responsible person to repair BMP device will be deemed a violation of this Chapter.

Upon completion of permitted construction activity on any site, the property owner and subsequent property owners will be responsible for continued compliance with the requirements of Section 456.040(A) in the course of maintenance, reconstruction or any other construction activity on the site.

The area disturbed shall be assumed to include the entire property area unless all applicable plans specifically exclude certain areas from disturbance.

Any owner who is required to obtain coverage for stormwater discharges from a construction general permit shall submit a copy of its signed notice of intent (NOI) authorized by KDHE when a building permit application is made. If the construction activity is already underway upon the effective date of this Chapter, the NOI shall be submitted within 30 days. When ownership of the entire construction site changes, the new owner shall comply with the requirements of the construction general permit for transfer and shall submit to the Director a signed copy of the notice of transfer of ownership (NOTO), copy of the notice from KDHE approving the transfer and a signed copy of any revised NOI with authorized by KDHE.

The SWP3 shall be prepared by a qualified person under supervision of an engineer, geologist, architect, landscape architect or a certified professional in erosion control and sediment control and shall comply with State NPDES requirements. The signature of the preparer shall constitute his/her attestation that the SWP3 fully complies with the requirements of the permit issued.

The SWP3 shall be completed prior to the submittal of the NOI for new construction, prior to the commencement of construction activities. The SWP3 shall be updated and modified as appropriate and as required by the NPDES permit.

The Director may require any owner who is required by this Section to prepare a SWP3 to submit the SWP3 and any modifications thereto to the Director for review at any time.

Upon the Director's review of the SWP3 and any site inspection that he/she may conduct, if the SWP3 is not being fully implemented, the Director may, upon reasonable notice to the owner, deny approval of any building permit, grading permit, site development plan, final occupancy certificate or any other City approval necessary to commence or continue construction. A stop work order may also be issued.

All contractors working on a site subject to an NPDES permit shall sign a copy of the following certification statement before beginning work on the site:

The certification must include the name and title of the person providing the signature; the name, address and telephone number of the contracting firm; the address (or other identifying description) of the site; and the date the certification is made.

All contractors will be responsible for their own activities to ensure that they comply with the owners' SWP3. Failure to comply with the SWP3 or malicious destruction of BMP devices is hereby deemed to be a violation of this Chapter.

The SWP3 and the certifications of contractors required by this Section and with any modifications attached shall be retained at the construction site or at a local office in Junction City from the date of construction commencement for a period of three years following the date of approval of the notice of termination (NOT) required under the construction general permit.

The Director may notify the owner at any time that the SWP3 does not meet the requirements of the NPDES permit issued or any additional requirement imposed by or under this Chapter. Such notification shall identify those provisions of the permit or Chapter which are not being met by the SWP3 and identify which provisions of the SWP3 require modification in order to meet such requirements. Within 30 days of such notification from the Director, the owner shall make the required changes to the SWP3 and shall submit to the Director a written certification from the owner that the requested changes have been made.

The owner shall amend the SWP3 whenever there is a change in design, construction, operation or maintenance which has a significant effect on the potential for the discharge of pollutants to the MS4 or to the waters of the United States and which has not otherwise been addressed in the SWP3 or if the SWP3 proves to be ineffective in eliminating or significantly minimizing pollutants or in otherwise achieving the general objective of controlling pollutants in stormwater discharges.

Qualified personnel (provided by the owner of the construction site) shall inspect disturbed areas that have not been finally stabilized, areas used for storage of materials that are exposed to precipitation, structural control measures and locations where vehicles enter or exit the site at least once every seven calendar days and within 24 hours of the end of the storm that is one-half inch or greater. Disturbed areas and areas used for storage of materials that are exposed to precipitation shall be inspected for evidence of or, the potential for, pollutants entering the drainage system. Erosion and sediment control measures identified in the SWP3 shall be observed to ensure that they are operating correctly. Where discharge locations or points are accessible, they shall be inspected to ascertain whether erosion control measures are effective in preventing significant impacts to receiving waters or the MS4. Locations where vehicles enter or exit the site shall be inspected for evidence of off-site sediment tracking.

Based on the results of the inspections required by this Section, the pollution prevention measures identified in the SWP3 shall be revised as appropriate. Such modifications shall provide for timely implementation of any changes to the SWP3 within 10 calendar days following the inspection.

A report summarizing the scope of any inspection required by this Section and the names(s) and qualifications of personnel making the inspection, the date(s) of the inspection, major observations relating to the implementation of the SWP3 and actions taken in accordance with this Section above shall be made and refined on site or at a local office in Junction City as part of the SWP3. Such report shall identify any incidence of non-compliance. Where a report does not identify any incidence of non-compliance, the report shall contain a certification that the facility is in compliance with the SWP3, the facility's NPDES permit and this Chapter. The report shall be certified and signed by the person responsible for making it.

The owner shall retain copies of any SWP3 and all reports required by this Chapter or by the NPDES permit for the site and records of all data used to complete the NOI for a period of at least three years from the date that the site is finally stabilized.

Upon final stabilization of the construction site, the owner shall submit written certification to the Director and NOT that the site has been finally stabilized. The City may withhold the final occupancy or use permit for any premises constructed on the site until such certification of final stabilization has been filed and the Director has determined, following any appropriate inspection, that final stabilization has occurred and that any required permanent structural controls have been completed.

A Stormwater Pollution Prevention Plan (SWP3) shall be prepared and implemented in accordance with the requirements of the construction general permit or any individual or group NPDES permit issued for stormwater discharges from the construction site and with any additional requirement imposed by or under this Chapter and any other City ordinance.

The SWP3 must be provided by the owner and submitted to the City for approval. One copy of the SWP3 shall be submitted to the City Engineer. For sites subject to plan review by the City Engineer or his or her staff, the plan will not be released for construction until an approved SWP3 has been obtained.

The preparation and implementation of the SWP3 must comply with Section 456.050D.

The Director or designee will review the SWP3 submitted for the site and will return either a letter of SWP3 approval or a request for revisions within 14 days of submission of the SWP3.

Construction activity, including any soil disturbance or removal of vegetation, shall not commence on the site until the Director has issued a letter of SWP3 approval.

The owner bears the responsibility for implementation of the SWP3 and notification of all contractors and utility agencies on the site.

When ownership of a portion of the construction site changes, the provisions of Section 456.050C9 shall apply.

The area disturbed shall be assumed to include the entire platted area.

SWP3s must be provided by the subdivision owner and included in public improvement plans submitted to the City Engineer for the development.

The preparation and implementation of all SWP3s must comply with Section 456.050D.

SWP3s must be provided for all phases of development, including sanitary sewer construction, storm drainage system construction, water line, street and sidewalk construction, general grading and the construction of individual homes. The subdivision owner will not be required to provide an SWP3 for the activities of utility agencies within the subdivision. Utility construction is addressed in Section 456.050E.

Approval of public improvement plans by the City Engineer will constitute approval by the Director of the included SWP3. Construction activity, including any soil disturbance or removal of vegetation, shall not commence until the public improvement plans are approved for the development.

The subdivision owner shall provide a copy of the approved SWP3s to all utility agencies before the utilities begin construction in the subdivision development.

The subdivision owner bears the responsibility for implementation of the approved SWP3s for all construction activity within the development, excluding construction under the control of subsequent owners of individual lots and construction managed by utility agencies.

The provisions of Section 456.050B2 shall apply to any transfer of ownership of the entire tract.

The subdivision owner who transfers ownership of a lot or a portion of the overall subdivision property and the new owner or operator of the lot or parcel shall file an ILC form for each lot with KDHE or incorporate in the contract for sale the requirements stated in the ILC form. Each subsequent owner of an individual lot must agree to be responsible for continued implementation of the approved SWP3s for all construction activity within or related to the individual lot, excluding construction managed by utility agencies. The permittee shall maintain either the ILC form or a copy of the contract for sale covering the same requirements on site or in the location identified in the NOI and shall provide ILC forms or copies of the contract to the Director upon request.

Preparation.

Implementation.

Utility agencies shall develop and implement Best Management Practices (BMP) to prevent the discharge of pollutants on any site of utility construction within the City. In addition, the City may adopt and impose BMP on utility construction activity.

Utility agencies shall implement BMP to prevent the release of sediment from utility construction sites. Disturbed areas shall be minimized, disturbed soil shall be managed and construction site entrances shall be managed to prevent sediment tracking. Excessive sediment tracked onto public streets shall be removed immediately if the sediment presents a traffic hazard or public safety concern.

Prior to entering a construction site or subdivision development, utility agencies shall have obtained from the owner a copy of any SWP3s for the project. Any disturbance to BMP resulting from the utility construction shall be repaired immediately by the utility company in compliance with the SWP3.

All authorized personnel under the supervision of the City Manager.

All health officers that are authorized representatives of the Director of the Junction City-Geary County Health Department.

Whenever the Director has cause to believe that there exists or potentially exists in or upon any condition which constitutes a violation of this Chapter, the Director or designee shall have the right to enter the premises at any reasonable time to determine if the discharger is complying with all requirements of this Chapter. In the event that the owner or occupant refuses entry after a request to enter has been made, the City is hereby empowered to seek assistance from a court of competent jurisdiction in obtaining such entry.

The Director or designee shall have the right to set up on the property of any discharger to the storm drainage system such devices that are necessary to conduct sampling of discharges to determine compliance with this Chapter.

Whenever an authorized enforcement person determines that a person has violated a prohibition or failed to meet a requirement of this Chapter, the enforcement person will order compliance by written notice of violation to the responsible person and, if the responsible person is not also the owner, to the owner.

The notice of violation shall identify:

Any person receiving a notice of violation may appeal the notice to the Director by written request for appeal which must be received by the Director within 15 days of the notice date. The Director will affirm, modify or rescind the notice in writing within 15 days of the date of the written request for appeal.

Any person aggrieved by the decision of the Director may appeal the decision to the City Manager by submitting a written request for a hearing before the City Manager to show cause why such notice of violation should be modified or made to not apply to such person. The City Manager or his/her designee shall hold the requested hearing as soon as practical after receiving the request, at which time the person affected shall have an opportunity to be heard. Within 15 days after the conclusion of the hearing, the City Manager or his/her designee shall issue a written response to the person requesting the hearing affirming, modifying or rescinding the notice of violation. The decision of the City Manager shall be final.

Stop Work Order. The Director may issue a stop work order to the owner and contractors on a construction site by posting the order at the construction site and distributing the order to all City departments whose decisions may affect any activity at the site. Unless express written exception is made, the stop work order shall prohibit any further construction activity at the site and shall bar any further inspection or approval necessary to commence or continue construction or to assume occupancy at the site. A notice of violation shall accompany the stop work order and shall define the compliance requirements.

Abatement Of An Illicit Connection. The Director may order City representatives to terminate an illicit connection to the MS4. Any expense related to such abatement by City representatives shall be fully reimbursed by the property owner.

Abatement Of A Violation On Private Property. When a property owner is not available, not able or not willing to correct a violation, the Director may order City representatives to enter private property to take any and all measures necessary to abate the violation. It shall be unlawful for any person, owner, agent or person in possession of any premises to refuse to allow City representatives to enter upon the premises for these purposes. Any expense related to such abatement by City representatives shall be fully reimbursed by the property owner.

Recovery Of Costs. Within 30 days after abatement by City representatives, the Director shall notify the property owner of the costs of abatement, including administrative costs, and the deadline for payment. The property owner may protest the assessment to the City Manager. The written protest must be received by the City Manager's office within 15 days after the date of the notification. The City Manager or his/her designee shall hold a hearing to consider the protest as soon as practical after receiving the request, at which time the property owner shall have an opportunity to be heard. Within 15 days after the conclusion of the hearing, the City Manager or his/her designee shall issue a written response to the property owner affirming, modifying or rescinding the costs of abatement. The decision of the City Manager shall be final. If the amount due is not paid within the protest period or if a protest is filed within 10 days after the decision of the City Manager, the charges shall become a special assessment against the property and shall constitute a lien on the property for the amount of the assessment. The City Clerk shall, at the time of certifying other taxes to the County Clerk, certify the costs as provided in this Section and the County Clerk shall extend the same on the tax roll and it shall be collected by the County Treasurer and paid to the City as other City taxes are collected and paid.

Termination Of Utility Services. After lawful notice to the customer and property owner concerning the proposed disconnection, the Director shall have the authority to order the disconnection of City water, sanitary sewer and/or sanitation services upon a finding by the Director that the disconnection of utility services will remove a violation of this Chapter that poses a public health hazard or environmental hazard.

Performance Bonds. Where necessary for the reasonable implementation of this Chapter, the Director may, by written notice, order any owner of a construction site or subdivision development to file a satisfactory bond, payable to the City, in a sum not to exceed a value determined by the Director to be necessary to achieve consistent compliance with this Chapter. The City may deny approval of any building permit, subdivision plat, site development plan or any other City permit or approval necessary to commence or continue construction or to assume occupancy, until such a performance bond has been filed. The owner may protest the amount of the performance bond before the City Commission. The written protest must be received by the City Manager's office within 15 days of the date of the notification. A hearing on the matter will be scheduled before the City Commission as soon as practical, at which time the property owner shall have an opportunity to be heard. At the conclusion of the public hearing, the City Commission shall affirm, modify or rescind the amount of the performance bond determined by the Director. The decision of the City Commission shall be final.

Criminal Prosecution. Any person who violates or continues to violate a prohibition or requirement of this Chapter may be prosecuted and subject to the penalties of Section 456.060 of this Code. Each day any violation of this Chapter continues shall constitute a separate offense.

Developed residential property.

Undeveloped residential property.

Other developed property.

Other undeveloped property.

The storm drainage fees for developed residential property shall be assessed per living unit as follows:

The storm drainage fees for undeveloped residential property are $5 per month per lot or tract.

The storm drainage fees for other developed property shall be based upon area of such property and are assessed as follows:

The storm drainage fees for other undeveloped property shall be based upon area of such property and are assessed as follows:

In determining the area of property developed or zoned for a particular use, the area measured shall include all property contiguous to the particular use and under the same ownership, except that if a portion of said property that is both unimproved and legally subject to being subdivided from that portion actually devoted to the primary use. In situations where property is used in common with more than one use, the common area shall be included with each use in the same proportions as the area of each use bears to the area of the total of all uses. In situations where property is devoted to uses on more than one level, the area of the property shall be proportionately divided among the levels and the storm drainage fees shall be assessed pro rata.

For water metered properties utilizing the existing City water utility services, the storm drainage fees set forth above may be included as part of the monthly bill for water service, but shall be identified separately on said billing, said fees shall be due at the same time as water charges are due and the failure to pay said fees shall be considered a failure to pay water charges and enforceable pursuant to Section 700.200 of this Code.

For properties not utilizing the existing City water utility services, the storm drainage fees may be separately billed to the person designated in the Geary County property tax records as owner of the property for ad valorem real estate tax billings. Such bills may be mailed by the City monthly, but shall be billed at least annually.

In addition, any time City water service is initially established or re-established to a property, all fees hereunder shall be paid current, as of the date such water service is established or re-established.

The owner or occupant of the property and, in the case of water metered property, any person who is responsible for the payment of water service to the property shall all be jointly and severally responsible for the payment of said fee. Persons responsible for the payment of water service to the property shall include the person responsible for payment for water provided to a master meter that is then distributed to multiple users, whether or not said users are located on the same property as the master meter.

To the extent permitted by applicable law, the storm drainage fee shall be subject to interest for late payment at a rate that is the same as the rate prescribed in K.S.A. 79-2004, as amended, and K.S.A. 79-2968, as amended, shall constitute a lien on the applicable property in the same manner as City ad valorem real property taxes and shall be collected in the same manner as City ad valorem real property taxes collected by Geary County, regardless of whether the storm drainage fee was incurred when a property owner was in possession of the property or a non-owner was in possession of the property.

Any person who disagrees with the calculation of their storm drainage fee or who believes that the actual amount of impervious area located upon their property justifies a reduction in the square footage of their property used to calculate the fee, in order to make their fee consistent with other uses with a similar amount of impervious area, may appeal the determination of their fee to the City Engineer. The appeal shall be in writing. The City Engineer shall thereafter hold an informal hearing. The City Engineer, prior to such hearing, may request that the appealing party provide information concerning the basis of the appeal, including a land survey showing dwelling units, total property area and impervious area, as appropriate, if such information is deemed to be material by the City Engineer. Based upon information provided, the City Engineer shall make a determination of the storm drainage fee for such property. The City Engineer shall notify parties in writing of his/her decision.

A person shall have the right to appeal the decision of the City Engineer to a board comprised of the City Manager or his/her designee, the Director of Public Works and a member of the City Commission. Such appeal shall be made within 15 days of the date of the written decision of the City Engineer. Such appeal shall be in writing and filed with the City Engineer. A hearing on such appeal shall be held within 30 days from the date of filing and the applicant shall be given seven days' advance notice of the time and date of such hearing. Within seven days after the conclusion of such hearing, the Board shall render a decision in writing that sets forth findings that support its decision. The decision of the Board shall be final and any further appeal of such decision shall be to the District Court pursuant to K.S.A. 60-2101(d).