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HomeMy WebLinkAbout2009-10-27 - ORDINANCES - STORM DRAINAGE SERVICES (2)ORDINANCE NO. 09-15 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, AMENDING THE SANTA CLARITA MUNICIPAL CODE BY MODIFYING CERTAIN SECTIONS OF CHAPTER 15.50 OF TITLE 15 ESTABLISHING SPECIFIC STORM DRAINAGE SERVICES AS A UTILITY ENTERPRISE OF THE CITY THE CITY OF SANTA CLARITA, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. 15.50.010(g) of Chapter 15.50 of Title 15 of the City of Santa Clarita Municipal Code is hereby amended to read as follows: Section 15.50.010. Findings and Intent. (g) Municipalities are authorized under California Government Code Section 54300 et seq. (the State Revenue Bond Law of 1941) to establish fees and charges for funding storm drainage improvements and the operation and maintenance thereof. Fees for storm drainage maintenance and improvement are also authorized under the California Health and Safety Code, Section 5471. No property -related fee or charge shall be imposed unless and until voter approval required by California Constitution Article XIIID, Section 6 (Proposition 218) has been obtained. SECTION 2. 15.50.020(e) of Chapter 15.50 of Title 15 of the City of Santa Clarita Municipal Code is hereby amended to read as follows: Section 15.50.020 Definition of Terms. (e) Equivalent Residential Unit (ERU) "shall mean the basic unit for the computation of the Fee and is based upon the average amount of Impervious Area of a Single Family Residential Parcel. , SECTION 3. 15.50.030(c) of Chapter 15.50 of Title 15 of the City of Santa Clarita Municipal Code is hereby amended to read as follows: Section 15.50.030 Storm Drainage Utility Enterprise Fund Created. (c) All revenues from storm drainage user charges and other storm drainage related fees and charges as may be adopted by Resolution or Ordinance shall be deposited to the Fund. SECTION 4. Subsection (a), (c), (e) and (f) of Section 15.50.040 of Chapter 15.50 of Title 15 of the City of Santa Clarita Municipal Code is hereby amended to,read-as follows: Section 15.50.040 Setting of Fees and Charges. ' 1 1 (a) The City Council shall by Resolution or Ordinance establish a system of user charges for all parcels in the City. (c) The City Council may by Resolution or Ordinance establish a charge for the connection of any parcel to the City's storm drainage facilities to reflect that parcel's fair share of the cost of the existing City storm drainage facilities serving the parcel. (e) The City Council may by Resolution or Ordinance establish a system of charges and fees for the inspection of non-residential parcels for purposes of establishing compliance with the City Code and NPDES requirements related to the protection of storm water quality and may also establish a system of fines and/or penalties for the violation of the City's stormwater quality standards. (f) The City Council shall by Resolution or Ordinance establish a system of specific user charges for any and all parcels within the City that utilize additional stormwater runoff control and treatment facilities. These fees are in addition to the established stormwater drainage utility service fees that are charged to parcels in the City. SECTION 4. Severability. If any one or more of the terms, provisions or sections of this Ordinance shall to any extent by judged invalid, unenforceable, and/or voidable for any reason whatsoever by a court of competent jurisdictions, then each and all of the remaining terms, provisions, and sections of this Ordinance shall not be affected thereby and shall be valid and enforceable. SECTION 5. Non -Exclusivity. Nothing in this Ordinance shall limit or preclude the enforcement of other applicable laws. SECTION 6. Effectiveness. This Ordinance shall be in full force and effect thirty (30) days from its passage and adoption. SECTION 7. Publication. The City Clerk is directed to cause this Ordinance to be published within 15 days of its passage in a newspaper of general circulation published and circulated within the City of Santa Clarita. PASSED, APPROVED AND ADOPTED this 27th day of October, 2009. MAYOR ATTEST: CITY CLERK. - 2 1 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF SANTA CLARITA ) I, Sharon L. Dawson, MMC, City Clerk of the City of Santa Clarita, do hereby certify that the foregoing Ordinance No. 09-15 was regularly introduced and placed upon its first reading at a regular meeting of the City Council on the 13th day of October, 2009. That thereafter, said Ordinance was duly passed and adopted at a regular meeting of the City Council on the 27th day of October, 2009, by the following vote, to wit: AYES: COUNCILMEMBERS: Kellar, McLean, Ender, Weste NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Ferry AND I FURTHER CERTIFY that the foregoing is the original of Ordinance No. 09-15 and was published in The Signal newspaper in accordance with State Law (G.C. 40806). 3 �2 QMM%-� CITY CLERK q_; /01 Dated STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF SANTA CLARITA ) CERTIFICATION OF CITY COUNCIL ORDINANCE I, Sharon L. Dawson, City Clerk of the City of Santa Clarita, do hereby certify that this is a true and correct copy of the original Ordinance No. 09-15, adopted by the City Council of the City of Santa Clarita, CA on October 27, 2009, which is now on file in my office. Witness my hand and seal of the City of Santa Clarita, California, this day of , 20_. Sharon L. Dawson, MMC City Clerk By Susan Caputo, CMC Deputy City Clerk 0 Fj 1