Chapter 13.35


13.35.010    Definitions.

13.35.020    Policy.

13.35.030    City responsibility.

13.35.040    Private responsibility.

13.35.050    Stormwater drainage fee.

13.35.060    Stormwater drainage utility fund.

13.35.070    Repealed.

13.35.080    Initiation of services.

13.35.090    Collection and enforcement.

13.35.010 Definitions.

Unless otherwise defined herein, terms used in this chapter have the meaning ascribed in VMC 3.20.005. As used in this chapter, the following terms shall mean:

(1) “Developed property” means a parcel or legal portion of real property, on which improvements exist or are being constructed. The term “improvement” includes, but is not limited to buildings, parking lots, landscaping, and outside storage.

(2) “Impervious surface” means any surface area which either prevents or retards saturation of water into the land surface, or a surface which causes water to run off the land surface in greater quantities or at an increased rate of flow from that present under natural conditions pre-existent to development. Common impervious surfaces include, but are not limited to, rooftops, concrete or asphalt sidewalks, walkways, patio areas, driveways, parking lots or storage areas, graveled, oiled or macadam surfaces or other surfaces which similarly impede the natural saturation or runoff patterns which existed prior to development.

(3) “Improved premises” means any area which the city determines has been altered such that the runoff from the site or impact to water quality is greater than that which could historically have been expected. “Improved premises” does not include public ways under the jurisdiction of the city, county, state or federal government; however, it does include, but is not limited to, mining, dredging, filling, grading, paving, excavation or drilling operations.

(4) “Open drainage” means a natural or manmade path, ditch or channel which has the specific function of transmitting natural stream water or stormwater from a point of higher elevation to a point of lower elevation.

(5) “Responsible party” means the person or persons who by occupancy or contractual arrangement are responsible to pay for utility and other services provided to a billing unit, developed property or occupied unit. Unless another party has agreed in writing to pay and a copy of the writing is filed with the city, the person(s) required to pay the city’s water or sewer bill for an occupied unit shall be deemed the responsible party as to that occupied unit. For any occupied unit not otherwise required to pay a city utility bill, “responsible party” shall mean the person or persons legally entitled to occupancy of the occupied unit, unless another responsible party has agreed in writing to pay and a copy of the writing is filed with the city. Any person who has agreed in writing to pay is considered the responsible party if a copy of the writing is filed with city.

(6) “Stormwater drainage facilities” means any structure or configuration of the ground that is used or by its location becomes a place where stormwater flows or is accumulated, including but not limited to pipes, sewers, curbs, gutters, manholes, catch basins, ponds, open drainage ways and their appurtenances.

(7) “Stormwater drainage service” means the collecting of stormwater discharged from property on which development exists and its deposit directly or indirectly into public stormwater drainage facilities.

(8) “Stormwater” means water from precipitation, surface or subterranean water from any source, drainage and nonseptic waste water. (Ord. 532 § 1, 2016; Ord. 446 § 1, 2004)

13.35.020 Policy.

(1) Pursuant to the general laws of the state of Oregon and the powers granted in the Charter of the city, the council does hereby declare its intention to acquire, own, construct, reconstruct, equip, operate and maintain within the city limits of the city, and outside the city limits when consistent with the council’s adopted policies or intergovernmental agreements, stormwater drainage facilities, and also to require persons responsible to construct, reconstruct, maintain and extend stormwater drainage facilities.

(2) The improvement of both public and private stormwater drainage facilities through or adjacent to a new development shall be the responsibility of the developer. Said improvements shall comply with all applicable city ordinances, policies and standards.

(3) It is the policy of the city to participate within budgetary limits on improvements to stormwater drainage facilities when authorized by the council. To be considered for city financial participation, a facility must either:

(a) Be public and be of major benefit to the community such that the facility has capacity over that required to serve the property on which it is located and provided it is placed and sized in conformance with the stormwater drainage master plan; or

(b) Be a rehabilitation or replacement of an existing public facility.

(4) No portion of this chapter or statement herein or subsequent interpretations or policies shall relieve any property owner of assessments levied against real property for a local improvement project or for abating conditions on the property that violate any provision of the Veneta Municipal Code (VMC). (Ord. 446 § 2, 2004)

13.35.030 City responsibility.

The city shall manage public stormwater drainage facilities located on city-owned property, city right-of-way, and city easements. Other public stormwater drainage facilities that may be managed by the city include but are not limited to:

(1) A piped drainage system and its related appurtenances which have been designed and constructed expressly for use by the general public and accepted by the city;

(2) Roadside drainage ditches along unimproved city streets but not access drive culverts;

(3) Flood control facilities (levees, dikes, overflow channels, detention basins, retention basins, dams, pump stations, groundwater recharging basins, etc.) that have been designed and constructed expressly for use by the general public and accepted by the city;

(4) Retention systems constructed with city financial participation. (Ord. 446 § 3, 2004)

13.35.040 Private responsibility.

(1) A stormwater drainage facility to be managed by the person responsible includes but is not limited to:

(a) A stormwater drainage facility not located on city-owned property, city right-of-way, or city easement;

(b) A private parking lot stormwater drain;

(c) Any roof, footing or area drain;

(d) A stormwater drainage facility not designed and constructed for use by the general public;

(e) Access drive culverts in the public right-of-way or on private property;

(f) Private detention facilities or a retention system in the construction of which the city did not financially participate or did not officially accept responsibility for.

(2) Any person responsible for a facility defined in subsection (1) of this section shall maintain it so as to prevent flooding or damage to other property not owned or controlled by the person responsible and to prevent injury to any person on property not owned or controlled by the person responsible.

(3) The failure of any person responsible to comply with the obligation stated in subsection (1) or (2) of this section is a violation.

(4) The conditions on private property which may result in situations proscribed by subsection (2) of this section are declared to be a danger to public health and safety and therefore are a nuisance, to be abated as provided in Chapter 8.05 VMC. (Ord. 446 § 4, 2004)

13.35.050 Stormwater drainage fee.

(1) A stormwater drainage fee, in an amount to be set by council resolution, is hereby established and imposed upon all persons who use developed property. It is presumed that stormwater drainage services are used whenever a premises located within the city’s limits is developed, improved, contains one or more impervious surfaces, or whenever an improved premises is connected to the city’s sewer or water systems.

(2) The stormwater drainage fee will be set in an equitable amount for residential, commercial and industrial users in amounts which will provide sufficient funds to properly manage and maintain the city’s stormwater drainage facilities.

(3) The finance director shall charge the appropriate stormwater drainage fee to the responsible party for each billing unit with an active utility account or, for occupied units not connected to city water and/or sewer, to the responsible party for each occupied unit of residential and nonresidential property. The amount payable shall be redetermined if there is a change of use or development. All redeterminations based on a change in use or development shall be prospective only.

(4) The stormwater drainage fee shall be billed and collected from the responsible party identified in subsection (3) of this section. Stormwater drainage fees shall be included as part of the water and sewer bill for billing units with active utility accounts, and included on an “other utility” bill for occupied units not connected to city water or sewer services. All such bills shall be rendered regularly by the finance director and shall become due and payable upon receipt.

(5) Collections from responsible parties will be applied first to interest and penalties, second to city transportation utility fees, third to stormwater drainage fees, fourth to sanitary sewer service utilities, and last to water utilities. (Ord. 532 § 2, 2016; Ord. 446 § 5, 2004)

13.35.060 Stormwater drainage utility fund.

(1) There is hereby created a stormwater drainage utility fund, and all charges imposed under this chapter and the revenue collected therefrom shall be deposited therein.

(2) Money in the stormwater drainage utility fund shall be used for planning, design, construction, operation, maintenance and administration of stormwater drainage facilities, including repayment of indebtedness, and for all expenses for the operation and management of the stormwater drainage utility. Expenditures from this fund need not be identified to any particular revenue source. (Ord. 446 § 6, 2004)

13.35.070 Enforcement.

Repealed by Ord. 532. (Ord. 446 § 7, 2004)

13.35.080 Initiation of services.

For newly developed properties, the fees imposed under this chapter shall become due and payable from and after the earlier of the date when the developed property is occupied or when city water or sanitary sewer service is initiated. (Ord. 532 § 4, 2016; Ord. 446 § 8, 2004)

13.35.090 Collection and enforcement.

To the extent not addressed in this chapter, stormwater drainage fees and associated charges shall be billed, collected monthly, and enforced as established in Chapters 3.20 and 3.25 VMC. (Ord. 532 § 5, 2016)