Chapter 13.30
STORM WATER MANAGEMENT UTILITY

Sections:

13.30.010    Title.

13.30.020    Purpose and intent.

13.30.030    Definitions.

13.30.040    Utility created.

13.30.050    Management of the system.

13.30.060    Fees and collection.

13.30.010 Title.

This chapter shall be known as the “storm water management utility ordinance” of the city of Seaside and may be so cited. (Ord. 915 § 2 (Exh. A), 2003)

13.30.020 Purpose and intent.

The purpose and intent of this chapter is to provide a management system that allows for the protection of the health, safety and general welfare of citizens, and protection and enhancement of the water quality of watercourses and water bodies in a manner pursuant to and consistent with the federal Clean Water Act (33 U.S.C. Section 1251 et seq.) by reducing pollutants in storm water discharges to the maximum extent practicable and by prohibiting non-storm water discharges to the storm drain system. (Ord. 915 § 2 (Exh. A), 2003)

13.30.030 Definitions.

The following terms when used in this chapter shall have the following respective meanings:

“City” means the city of Seaside, California.

“City council” means the city council of the city of Seaside.

“County” means the county of Monterey, California.

“Finance director” means the finance director of the city of Seaside.

“Government Code” means the Government Code of the state of California.

“Health and Safety Code” means the Health and Safety Code of the state of California.

“Public works director” means the public works director of the city of Seaside.

“Storm and surface drainage system” means the citywide system for the collection and disposal of storm water and surface water runoff including lands, easements, ditches, pipes, culverts, streamways, detention facilities, filtration and treatment works, pumping stations and equipment and other works, including the acquisition of any existing facilities used for or useful in collecting, treating and disposing of runoff and drainage water generated by storms or other events.

“User” means any person, firm, company, corporation, partnership, association, any public corporation, political subdivision, city, county, district, the state of California or the United States of America, or any department or agency of any thereof, directing storm water or surface water runoff into the storm and surface drainage system. The singular in each case shall include the plural. (Ord. 915 § 2 (Exh. A), 2003)

13.30.040 Utility created.

A storm water management utility is created as a city enterprise and utility to operate, maintain and fund the city’s storm and surface drainage system in accordance with the authority granted to the city by Government Code Section 54725 et seq. The purpose of this utility includes, but is not limited to, permitting, maintenance, planning, design, construction, regulation, surveying, water quality testing and inspection relating to storm and surface water management facilities. (Ord. 915 § 2 (Exh. A), 2003)

13.30.050 Management of the system.

A. The public works director shall act as director of the utility and shall be responsible for administering and managing the operations of the storm and surface water management system in accordance with the provisions of management programs adopted by the city council.

B. The city council may adopt a storm and surface water management program or regulations or agree to participate in regional storm and surface water management programs to facilitate operation of the utility. (Ord. 915 § 2 (Exh. A), 2003)

13.30.060 Fees and collection.

A. The city council may establish a storm water management utility fee to be imposed upon users of the storm drainage system, in accordance with the requirements of Article XIII D of the State Constitution (Proposition 218) and any associated legislation. The basis and the amount of the fee will be established by resolution. The purpose of the fee is to provide for the costs and expenses of improving the water quality of the storm and surface water control facilities, the costs of planning, permitting and designing, establishing, acquiring, developing, constructing or improving storm and surface water management facility or improvement, or to pay or secure the payment of any indebtedness incurred for such purpose.

B. Collection. The finance director in accordance with provisions set forth in the resolution establishing the basis and amount of the fee shall collect any fee imposed pursuant to this chapter. The city may collect fees directly from users, or may contract the collection to other public or private utilities in conjunction with their utility bills, or may contract the collection to the county in accordance with the provisions of the California Health and Safety Code. (Ord. 915 § 2 (Exh. A), 2003)