Title 12174 · Code of Ordinances
Sec. 754.106. - Authority for service charges, and for the levy, collection, payment and enforcement thereof.
Citation: Jacksonville, FL Code of Ordinances § 754.106.
Section: 754.106.
(a) Authorization. The City Council is empowered by this Chapter to establish, upon recommendation of the Director, service charges for the use and discharge to the City's stormwater management system. Such service charges shall be based on the cost of providing stormwater management services to all properties within the General Services District of the Consolidated City of Jacksonville, as set forth in the Charter of the City of Jacksonville, excluding Urban Services Districts 2, 3, 4 and 5 being the Cities of Jacksonville Beach, Atlantic Beach, Neptune Beach, and the Town of Baldwin. As of 2007, the annual cost of providing stormwater services is approximately $33,000,000. (b) Rates for stormwater management service. There will be a charge for all Owners of real property in the City covered by this ordinance, who have improvements or uses thereon which contribute stormwater runoff to the City's stormwater management system, a monthly stormwater service charge. The basic stormwater service charge shall be per month per SFU, or per year per SFU, as found in www.coj.net/fees , as follows: Single-Family detached residential 1549 or less square feet impervious area Single-Family detached residential with impervious area between 1550 and 4650 square feet Single-Family detached residential with impervious area greater than 4650 square feet Townhouse, duplex tri-plex, quad-plex and condominium Mobile home and mobile home park Multi-family dwelling units with 5—9 units Multi-family dwelling units with greater than 9 units All nonresidential properties shall be calculated based on the following calculation: Square footage of impervious area divided by 3100 equals the SFU billing units. The fee calculation as found in www.coj.net/fees will be multiplied by the number of billing units to calculate the property stormwater service charge per month. (c) Application to certain developed properties. Service charges shall apply to all developed properties, except public right-of-way and roads developed in accordance with City standards in residential developments, covered by this ordinance within the City using the City's stormwater management system, including those properties classified as nonprofit or tax-exempt for ad valorem tax purposes, except those specifically entitled to User Fee Credits, User Fee Adjustments or User Fee Reductions as set forth herein. Service charges shall apply to all government properties, including properties of the City, including the City-owned buildings, parks, and other properties except as specifically provided for herein. In recognition of the fact that the Duval County School Board (DCSB) is a part of the Consolidated Government, and of the future construction needs of both the City and the DCSB relating to stormwater management systems; and in recognition that current land restrictions at some existing DCSB facilities preclude construction of adequate stormwater management facilities, the City and the DCSB will work together to create joint stormwater projects. In lieu of payment of the stormwater fee, the City and the DCSB shall work together to determine the credits that would otherwise be due the DCSB and shall develop a Memorandum of Understanding (MOU), approved by the Council committee to which matters regarding utilities are referred, that will result in a Joint Stormwater Capital Improvement Program (CIP). (d) Undeveloped property. Stormwater service charges shall not be charged to undeveloped property that has not been altered from the natural state as defined herein. Properties dedicated exclusively to farmland, gardens, and landscaped areas shall also be exempt except for any roads, parking, or structures associated therewith. (e) Levy, collection and payment—alternative methods. (1) The stormwater service charges authorized, established, and imposed herein shall commence on July 1, 2008, and shall be due and payable in advance. For the first year of the stormwater service charge, the period of collection shall be from July 1, 2008 to December 31, 2008. In subsequent years, the service charge shall be due for the twelve month calendar year period. The stormwater service charges authorized herein may be billed on an annual basis, or on a monthly, quarterly, semi-annual or pro-rated basis if determined to be in the best interest of the City, and may be charged and collected in advance. The method of billing shall be through any legally authorized method approved by the Director. Stormwater service charges may be collected through the Tax Collector's Office based upon mutually agreeable methods and costs, or may be billed through other means as may be financially advantageous to the City. (2) The City may utilize the Uniform Method of Collection as a non-ad valorem assessment if such collection method is approved by the City Council in accordance with Florida Statute 197.3632. (3) The City may impose late fees in the amount of one percent per month (1%) simple interest on unpaid balances. (4) The City may utilize any legally available collection methods, including but not limited to filing lawsuits or placing liens, in order to collect past due amounts. Liens may not be foreclosed. (Ord. 2007-836-E, § 2; Ord. 2008-129-E, § 1; Ord. 2017-665-E , § 37)