Legislative findings, intent, and purpose

(a)

The purposes of this chapter are to:

(1)

Protect the health, safety, and welfare of the general public through the administration and regulation of earthwork and drainage;

(2)

Provide procedures and standards for the imposition of stormwater charges under the constitutional and statutory power of the city;

(3)

Authorize a procedure for the funding of stormwater management services and stormwater charges within a stormwater service area;

(4)

Provide procedures and standards for the funding of stormwater improvements within a stormwater improvement area; and

(5)

Provide procedures and standards to determine the fair, equitable, and reasonable charge for the stormwater fees charged to government property to fund the regulation of stormwater management services provided to such property.

(b)

The stormwater utility, the stormwater management services and the stormwater improvements provide a special benefit to assessed property or government property based upon the following legislative findings:

(1)

The stormwater utility possesses a logical relationship to the use and enjoyment of all developed property by treating and controlling contaminated stormwater generated by improvements constructed on developed property, which resulted in the alteration of such property from its natural state.

(2)

The special benefit received or burden created by assessed property or the reasonable relationship to the benefit received or burden created by government property is the collection, storage, control, management, treatment, and conveyance of the stormwater burden generated by the improvements on developed property.

(3)

Substantially all of the stormwater burden managed, controlled and treated by the stormwater utility is generated by developed property and the amount of stormwater generated by property in its natural state that is managed, controlled and treated by the stormwater utility is inconsequential.

(4)

The stormwater fee as authorized to be calculated herein and charged to government property bears a reasonable relationship to the cost of providing stormwater management services, including of stormwater generated by government property as developed property.

(5)

The whereas clauses are hereby incorporated herein by reference.

(Ord. No. 89-249, § 2(46-2), 9-28-89; Ord. No. 2003-200, § 1, 8-7-03)