§ 19-180. Authority for service charges.

(a)

Authorization. The stormwater management utility is empowered by this article to establish charges for the use and discharge to the city's stormwater management system. Such charges shall be based on the cost of providing stormwater management services to all properties within the city and may be different for properties receiving different classes of service.

(b)

Rates for stormwater management service. There is charged to all owners or occupants of real property in the city, with improvements or uses thereon which contribute stormwater runoff to the city's stormwater management system, a monthly fee as established by separate ordinance in accordance with the following definitions:

(1)

Single-family property service charges. Each single-family property shall be considered one (1) ERU for billing purposes. Monthly service charges for each single-family dwelling unit shall be identical, provided that the ratio of impervious area to total area of the lot does not exceed fifty (50) percent and the total area of the lot exceeds ten thousand (10,000) square feet. If the ratio of impervious to total area exceeds fifty (50) percent and the total area of the lot exceeds ten thousand (10,000) square feet, the rates established in subsection (b)(3) shall apply.

(2)

Multifamily property service charges. The monthly service charge for all multifamily properties shall be:

Duplex units = One ERU/dwelling unit

Condominium units = One ERU/dwelling unit

Apartment units = One ERU/dwelling unit

Town homes = One ERU/dwelling unit

Mobile homes = 0.6 ERU/dwelling unit

Definition of dwelling unit shall be those living areas served by individual electric and/or water meters.

(3)

Nonresidential/commercial property service charge.

Nonresidential/commercial property service charge shall be:

No. Base ERU's = Impervious Area (sq. ft.) + 0.5 (Partial Impervious Area [sq. ft])/3,800 sq. ft.

No. Billable ERU's = No. Base ERU's × (Credit Factor)

Monthly Service Charge = (No. Billable ERU's) × (Rate/ERU)

A minimum value of 1.0 ERU shall be assigned to nonresidential/commercial property unless such property has earned a one hundred (100) percent retention credit, in which case, the property will only be charged a service fee of ten (10) percent of 1.0 ERU. The impervious area of each nonresidential/commercial property shall be determined by a registered professional engineer or surveyor.

(4)

Application to all developed properties. Service charges shall apply to all developed properties within the city using the city's stormwater management system, including those properties classified as nonprofit or tax-exempt for ad valorem tax purposes. Service charges shall apply to all government properties, including properties of the city, including the city-owned buildings, parks, and other properties.

(5)

Undeveloped property. Stormwater management service charges shall not be charged to undeveloped property that has not been altered from the natural state as defined under section 19-182, "impervious area" and "partial impervious area." Farmland, gardens, and landscaped areas shall also be exempt except for any roads, parking, or structures associated therewith.

(c)

Billing. The fees imposed by this article shall be billed on a monthly basis and may be billed in conjunction with the property owner or property user's monthly water bill issued by the city through the City of Lauderhill. Such fees shall be due and payable at the same time and in the same manner and subject to the same penalties as other utility fees. In the event a developed property does not have other city utility service(s), a new account shall be developed and that property shall be billed separately for the storm water management charges. The city manager or designee may create a new account for storm water utility billing purposes only for a property owner or a property user that may also have a valid city electric and/or water utility account.

(Ord. No. 04O-02-112, § 1, 2-23-04; Ord. No. 06O-10-179, § 1, 11-13-06)