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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.
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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.
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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.
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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.
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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.
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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.
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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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