Streets & Stormwater Division

CITY CODE, CHAPTER 31
OCTOBER 1995 AS AMENDED OCTOBER 1996

Section 31.01. Scope.
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The purposes of the Stormwater Utility Code contained in this Chapter are:

(1) To provide for effective management and financing of a stormwater system within the City,

(2) To provide a mechanism for mitigating the damaging effects of uncontrolled and unplanned stormwater runoff,

(3) To improve the public health, safety and welfare by providing for the safe and efficient capture and conveyance of stormwater runoff and the correction of stormwater problems,

(4) To authorize the establishment and implementation of a master plan for storm drainage including design, coordination, construction, management, operation, maintenance, inspection and enforcement,

(5) To establish reasonable stormwater service charges based on each property's contribution of stormwater runoff to the system and use and benefit of services and facilities, and

(6) To encourage and facilitate urban water resources management techniques, including but not limited to the retention, detention of stormwater runoff, minimization of the need to construct storm sewers, and the enhancement of the environment.

In order to accomplish these purposes, a stormwater service charge shall be made on each parcel in the City.

The City's stormwater service charges shall be fair and reasonable, and bear a substantial relationship to the cost of providing service and facilities, in that similar properties shall pay similar stormwater service charges. Rate studies shall be conducted periodically to ensure the equity of the service charges. A Stormwater Utility Review Committee shall be recommended to the City Council, through the Public Works Department's policies and procedures, and the Review Committee shall also be subject to the approval of the City Council. The Review Committee's functions shall include, but not be limited to, the development of an appeal process to review stormwater charges for which persons consider to be unjust or inequitable. Subject to review and approval by the City Attorney or his designee, the Public Works Director is authorized to adopt and promulgate policy and procedures defining the Stormwater Utility Review Committee and appeal process.

Section 31.02. Definitions.

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For the purpose of this Chapter, the words and phrases shall be defined as follows, unless the context clearly indicates or requires a different meaning:

(1) Abatement - any action taken to remedy, correct, or eliminate a condition within, associated with, or impacting a drainage system. 

(2) Approved plans - plans approved under Section 63.271 of the Orlando City Code.

(3) Architect or architect, registered - a person holding a certificate under the appropriate Florida Statutes and Florida Administrative Code.

(4) Chief Administrative Officer - a person whose duties include general supervision and direction of the operation and administration of all departments, offices and bureaus of the City, with the exception of the Office of the Mayor and the Offices of City Commissioners.

(5) City - the City of Orlando, Florida.

(6) Council - the City Council of the City of Orlando.

(7) County - Orange County, Florida.

(8) Director - the Director of Public Works, or his designee.

(9) Developer - a person, firm, partnership, corporation, or other business entity that excavates, fills, or builds structures, or otherwise improves or develops a specific parcel or tract of land.

(10) Drainage code - the Stormwater Utility Code of the City of Orlando, as contained in Chapter 31 of the City Code.

(11) Engineer, professional - a person holding a certificate under the appropriate Florida Statutes and Florida Administrative Code.

(12) Existing - present or in effect as of the time of the adoption of this Chapter.

(13) Equivalent Residential Unit (ERU) - a unit of measure which provides a basis for comparing the runoff generated by one parcel with that generated by another. An ERU is defined as the weighted average of impervious area for all single family and multifamily residential units in the City. The weighted average impervious area is determined to be 2000 square feet, and the weighted average shall be used for the purpose of all such computations. To compute the ERU's for any parcel, divide the parcel's impervious area by 2000. The ERU shall be used as the basis for computing monthly charges on residential and non-residential properties.

(14) Facilities - various drainage works, including but not limited to inlets, conduits, manholes, energy dissipation structures, channels, outlets, retention/detention basins, and other structural components of this nature.

(15) Impervious area - surface areas on or in a parcel of real property, which prevents or severely restricts infiltration of stormwater into the earth.

(16) Natural Outlet - Any outlet into a watercourse, pond, ditch, lake or other body of surface or ground water.

(17) Notice - a written or printed communication conveying information or warning.

(18) Order - the whole (or any part) of the final disposition (whether affirmative, negative, injunctive, or declaratory in form), or any matter issued by the City's Utility Bureau Chief or Director of Public Works, or person designated by them pursuant to any provision of this Chapter.

(19) Orlando Urban Stormwater Management Manual (OUSWMM) -that document referenced in and made a part of Chapter 63 of the City Code which, in part, outlines the engineering design criteria and permitting procedures for stormwater management within the City.

(20) Person - any person, firm, individual, firm, partner-ship, corporation, organization or association of any kind.

(21) Pollution - the contamination or other alteration of the physical, chemical, or biological properties of any natural waters of the City, including change in temperature, taste, color, turbidity, or odor of the waters, or the discharge of any liquid, gaseous, solid, radioactive, or other substance into any such waters as will or is likely to create a nuisance or render such waters harmful, detrimental, or injurious to the public health, safety or welfare, or to domestic, commercial, industrial, agricultural, recreational, or other legitimate beneficial uses, or to livestock, wild animals, birds, fish or other aquatic life.

(22) Premises - the lot, buildings, and appurtenances situated thereon.

(23) Private - that property or facilities owned by individuals, corporations, and other organizations and not by a city, county, state, or federal government agency.

(24) Public - that property or facilities owned by a city, county, state or federal government or agency thereof.

(25) Storm, Stormwater - as used in this Chapter, these terms are interchangeable and include rainwater as it falls to the earth, surface runoff and drainage, and paths taken by such water.

(26) Stormwater system - all facilities, man-made structures, and natural watercourses used for collecting and conducting stormwater to, through, and from drainage areas to and including points of final outlet. A stormwater system may include any and all of the following: inlets, conduits and appurtenant features, canals, creeks, lakes, channels, catch basins, ditches, streams, drainage wells, gulches, gullies, flumes, culverts, siphons, retention or detention basins, dams, floodwalls, levees, and pumping stations.

(27) Storm sewer, Storm drain - a sewer or drain that carries stormwaters, surface runoff, and drainage, but which excludes sanitary sewage and industrial wastes.

(28) Total Square Footage of Surface Area of Lot or Parcel of Real Property - the square footage of a parcel measured or estimated by using the outside boundary dimensions (in feet) to obtain the total enclosed square footage, without regard to topographic features of the enclosed surface. The boundary dimensions in feet of the enclosed surface area may be established by any of the following methods:

(a) On-site or photogrammetric measurements of the apparent outside boundary dimensions of the parcel of real property made by the City or on its behalf, or
(b) Computation of the area using dimensions of the parcel of real property, or existing area measurements which are set forth and contained in the Orange County public records, or either of these things.

(29) Utility Bureau - the Stormwater Utility Bureau of the City of Orlando.

(30) Utility Bureau Chief - the Director of Public Works, or the individual appointed to be the City Stormwater Utility Bureau Chief.

(31) Vacant land - a piece or parcel of land that is without any building, structure, appurtenance, or improvement. It does not mean recreation, green, or open space created around private or municipal facilities, or parcels connected thereto or contiguous with such facilities for such reason.

Section 31.03. Organization of Utility Bureau.  

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There is hereby created a Utility Bureau in the Department of Public Works of the City of Orlando which, in coordination with the City Engineer and the City Finance Director, shall have the responsibility for planning, developing, and implementing stormwater management plans; financing, constructing, maintaining, rehabilitating, inspecting, and managing existing and new stormwater facilities; collecting fees and charges for the utility division; implementing and enforcing the provisions of this Code; and other related duties as directed by the Public Works Director. The Utility Bureau shall be administered by the Utility Bureau Chief.

Section 31.04. Stormwater Systems.

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The Utility Bureau shall monitor the design, operation, maintenance, inspection, construction, and use of all stormwater systems in the City. The Director shall be responsible for the design and construction of public stormwater facilities owned by the City and shall inspect, operate, and maintain them as prescribed herein. The Director shall be responsible for plan approval and construction inspection of both private stormwater facilities and public stormwater facilities not owned by the City. Additionally, the Utility Bureau may accept the responsibility for the operation and maintenance of private stormwater facilities only when such services have been agreed to, contracted for, and approved by the City Council, and have been subject to the final review of the City's Office of Legal Affairs.

Section 31.05. Private Facilities.

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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 efficient and proper operation of the facility, and shall obtain the City Engineer or the Utility Bureau Chief's prior written approval for any proposed changes or alterations 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.

The Utility Bureau Chief shall provide for inspection of private facilities to ascertain that the stormwater facilities are functioning as designed and approved. The Utility Bureau Chief shall provide for remedial maintenance of facilities based upon the severity of stormwater problems and potential hazard to the public health, safety, and welfare.

Section 31.06. Land and Facilities Affected Outside the City.
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Where stormwater and other waters drain from lands outside the City, facilities within the City shall be designed in accordance with this Chapter, as if the entire area being drained was within the City.

Section 31.07. Rules and Regulations.
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In order to accomplish the purposes of this Chapter, the Utility Bureau Chief may make and enforce rules and regulations that are approved by the City Council, and are necessary and reasonable to protect the drainage facilities, improvements, and properties controlled by the Bureau, and to prescribe the manner of their use by any public or private person, firm, or corporation.

Section 31.08. Capital Improvement Plan.

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The Utility Bureau Chief shall operate within the City's capital improvement plan for the stormwater system. The capital improvement plan shall be a comprehensive document prepared periodically, and delineating the stormwater capital needs of the City.

Section 31.09. Permits and Plan Review.
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It shall be unlawful for any person or organization to construct, enlarge, alter, repair, relocate, or demolish a storm sewer, natural watercourse, or other drainage facility, without first filing an application and obtaining a proper permit from the City as provided for in the OUSWMM.

Section 31.10. Right of Entry for Survey, Examination, and Inspection.

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After presenting proper credentials, and at any reasonable times, the employees of the Utility Bureau or its agents (including contractors and consultants and their employees) may enter upon lands within the City to make surveys and examinations to accomplish the necessary preliminary findings to establish a City master stormwater plan, and for detailed analyses to prepare final plans and specifications for the proposed site improvements. In addition, any and all such employees or agents may enter upon any lands to inspect private facilities to ascertain their compliance with this Chapter.

Section 31.11. Funding.
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Funding for the Utility Bureau activities may include, but not be limited to, the following:

(1) stormwater service charges.

(2) permit and inspection fees.

(3) direct charges (the cost of designing and constructing stormwater facilities, administrative costs and related expenses where the Utility Bureau designs, constructs, or contracts for the construction of such facilities)

(4) Other income obtained from federal, state, local, and private grants, or revolving funds.

Section 31.12. Stormwater Fund.
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All revenues generated by or on behalf of the Utility Bureau, including stormwater service charges, permit and inspection fees, and direct charges and interest earnings on those revenues, shall be deposited in a stormwater fund and used exclusively for Utility Bureau purposes.

Section 31.13. Stormwater Service Charge.
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A stormwater service charge is hereby imposed on each parcel of land within the City; provided, however, that no additional or special charges shall be imposed on lakes or public streets, boulevards, highways, expressways, alleys (private alleys excepted), viaducts, sidewalks, curbing, street crossings, grade separations, and any highway structures.

Properties that have existing stormwater management facilities, or those planning such facilities, may have their stormwater service charges reduced or pro-rated as determined by the Utility Bureau Chief, in accordance with the OUSWMM.

Section 31.14. Monthly Charge Per Equivalent Residential Unit (ERU).
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The monthly charge per equivalent residential unit shall be $4.50 effective October 1, 1996, and $5.50 effective October 1, 1997. The Utility Bureau Chief is directed to prepare a list of all parcels (residential and non-residential) within the City, and assign a designation to each, and for which each shall be charged a reasonable and equitable fee, according to assigned ERU equivalence and site mitigation factors, if any; provided, however, that the City shall have the option to set a fixed minimum and maximum fee for residential parcels.

Section 31.15. Collection of Stormwater Service Charge.
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The frequency of billing is to be established by the Utility Bureau Chief based on an assessment of the most efficient, effective and equitable method of billing and collections available to the Utility. The stormwater service charge shall be billed at least annually by the Utility Bureau Chief but no more than twelve (12) times in one calendar year. The Utility Bureau Chief is to assure that the most efficient and effective billing and collection techniques are being used. The Utility may pursue billing and collections of Utility fees through the offices of the Orange County Tax Collector and Property Appraiser consistent with applicable statutes.

Section 31.16. Delinquent Charges.
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All charges not paid within thirty (30) days after the bill is due, or that are not under active appeal, shall be considered delinquent.

All charges delinquent hereunder shall be subject to, 1) an interest charge at the Florida statutory rate, 2) a rebilling charge covering administrative costs in accordance with this Chapter, and .3) shall constitute a lien upon the real property affected, from the date charges are incurred. Charges which remain unpaid for a period of sixty (60) days may be reported to the City Council for assessment against the real property. In the alternative, the City Council may direct the City Attorney to file suit thereon, and to collect all such unpaid charges and fees, including reasonable attorney's fees and charges.

Section 31.17. Emergencies and Abatement.
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In case of an emergency, the Utility Bureau Chief may direct that action be taken immediately to correct the condition or abate the activity to protect the public health, safety, and welfare. The Utility Bureau may perform the required work and charge the owner all such related (and provable) costs.

Section 31.18. Flooding; Liability.
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Floods from stormwater runoff may occasionally occur which exceed the capacity 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 property subject to the fees and charges 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 maintained. Nor 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. Nor does this Chapter purport to reduce the need or the necessity for obtaining flood insurance by individual property owners.

Section 31.19. Discharge of Polluting Matter in Natural Waters Prohibited.
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(1) It shall be unlawful for any person to drain, deposit, place or otherwise discharge into any natural outlet or storm water system within the City, or to cause or permit to be drained, deposited, placed or otherwise discharged into such waters, any organic or inorganic matter which causes or tends to cause pollution. Polluting matter includes, but is not limited to, the following:

(a) Petroleum products, including but not limited to oil, gasoline, and grease

(b) Solid Waste (as defined in City Code Ch. 28)

(c) Pet Waste

(d) Chemicals

(e) Paints

(f) Soaps

(g) Laundry Waste

(h) Steam Cleaning Waste

(i) Pesticides, Herbicides or Fertilizers

(j) Degreasers, Solvents

(k) Heated Water

(1) Sanitary Sewage

(m) Chemically Treated Cooling Water

(n) Antifreeze, and other Automotive Products

(o) Lawn Clippings, Leaves, Branches, etc.

(p) Animal Carcasses

(q) Silt

(r) Acids or Alkalis

(s) Recreational Vehicle Waste

(t) Dyes (without prior written permission of the Utility Bureau)

(u) Construction Materials

(v) Any groundwater which contains phosphorous or nitrogen concentrations
       greater than the surface water into which the groundwater is discharged

(w) Any water which exceeds the state surface water standards

(x) Toxic or Poisonous Solids or Liquids

(y) Solids in such quantities or of such size capable of causing interference
     or obstruction to the flow in the City's stormwater system

2) It shall be unlawful to wash any public or private streets, buildings, sidewalks or parking areas, unless all visible debris and sediments have been removed prior to washing. If the removal of the debris and sediments is not feasible (as determined by the Utility Bureau Chief), then the street, building, etc. may only be washed with the Utility Bureau Chief's prior written approval, which may include requirements to clean the affected drainage pipelines or provide treatment of washwater runoff to prevent downstream pollution. Only water may be used for washing purposes.

Section 31.20. Correction and Discontinuance of Prohibited Discharge. 
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(1) The Utility Bureau Chief may order the correction of any unsafe, nonconforming or unauthorized condition which is in violation of any provision of this code or regulation adopted hereunder. The Utility Bureau Chief may also order the discontinuance of any activity causing such condition.  
(2) Whenever the Utility Bureau Chief orders the correction or discontinuance of any condition or activity on any premises pursuant to Section 31.20(1), the Utility Bureau Chief shall notify the owner or other person responsible for such condition or activity in writing which notice shall state the nature of the violation, direct the person to correct or discontinue the condition or activity, and provide a reasonable time limit for the satisfactory correction thereof. The offender shall, within the time period stated in such notice, permanently cease or correct all violations. Failure to comply with such order shall constitute a violation of the provisions of this ordinance.

Section 31.21. Emergency Conditions Requiring Immediate Action.
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Notwithstanding any other provisions of this Chapter, whenever the Utility Bureau Chief determines that conditions or activities exist requiring immediate action to protect the public health, safety, or welfare, he or his designee is authorized to enter at all reasonable times in or upon any property for the purpose of testing, inspecting, investigating, measuring, sampling and correcting such emergency conditions. The Utility Bureau Chief may order the immediate discontinuance of any activity which causes or tends to cause the emergency condition. Failure to comply with such order shall constitute a separate violation of this ordinance.

Section 31.22. Liability for Pollution Abatement.
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Any person responsible for pollutant discharge into any natural waters or stormwater systems and who fails to correct any prohibited condition or discontinue any prohibited activity at the Utility Bureau Chief's request shall be responsible to pay the necessary expenses incurred by the City in carrying out the pollution abatement, including any expenses incurred in testing, measuring, sampling, collecting₁ removing, containing, treating, and disposing of the pollutant materials.  

Section 31.23. Injunctive Relief Prohibiting Discharge.
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The City may, immediately upon discovering an ongoing or potential discharge of pollutants into the City's natural waters or stormwater system in violation of this Chapter, petition the Circuit Court of Orange County, or the Federal District Court, for a temporary or permanent restraining order or preliminary injunction to halt or prohibit such discharge. Prior to the filing of such a petition, the Utility Bureau Chief shall attempt to notify the offender of the City's intention to file such action, but such notification shall not be a condition precedent to the City's petitioning for and obtaining injunctive relief.

Section 31.24. Penalties.
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(1) Any person who violates any of the provisions of this Chapter shall be punished as provided in Section 1.08 of the City Code. Each and every day on which such person continues to violate the provisions of this Code after having been notified of such violation shall constitute a separate offense.
(2) Any person who violates any provision of this ordinance shall be subject to a civil penalty of up to $1,000 per day for each day that such person is in violation of this ordinance.
(3) Any person who causes or allows an unauthorized discharge, or who otherwise violates the provisions of this Chapter, may be required to appear before the Code Enforcement Board for enforcement proceedings pursuant to Chapter 5 of the City Code.
(4) The remedies and penalties provided in this Ordinance are not exclusive, and the City may seek whatever other remedies are authorized by statute, at law or in equity, against any person who violates the provisions of this Ordinance.  

Section 31.25. Appeal Procedure.
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(1) Any person aggrieved by a determination of the Utility Bureau Chief, or his designee, that such person is in violation of this ordinance shall have the right to a review by the City Council in accordance with the procedures set forth in Article XXIV of Chapter 2 of the City Code.

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