§ 16.32.098. Provisions for the offsite BMP program.  


Latest version.
  • Owner(s) of properties registered in the offsite BMP program are subject to the following requirements.

    A.

    Offsite BMP program fee established. Subject to the provisions of this chapter, there is imposed on each and every property, or portion of property registered in the offsite BMP program, an offsite BMP program fee. The fee shall be assessed at a yearly rate of $19.00 per acre on the permitted area of the registered property. The fee shall remain in effect for the property as long as the property remains registered in the offsite BMP program.

    B.

    Fee collection. The offsite BMP program fee shall be billed and collected concurrently with the sewer utility bill, as part of a consolidated statement for utility customers which shall be paid by a single payment. In the event that a partial payment is received, the payment shall be applied to the water and sewer portion of the account first, then to the drainage fee portion of the account and then to the offsite BMP program fee portion of the account. Unless otherwise provided for herein, all bills for the offsite BMP program fee shall become due and payable in accordance with sections of this code and with rules and regulations that pertain to the water and sewer utility that relates to the collection of utility charges. The offsite BMP program fees for any given property shall initially be the responsibility of the person who is paying for water and/or sewer service for the property (the "customer"). If the property is not using water and/or sewer services, then the offsite BMP program fees shall be the responsibility of the person in possession of the property, unless other arrangements are made. If no person is in possession of the property, then the offsite BMP program fees shall be the responsibility of the property owner. In all cases, the property owner shall be ultimately responsible for the offsite BMP program fees not paid by the customer or occupant.

    C.

    Penalties for late payment or non-payment. Offsite BMP program fees shall be subject to a penalty for late payment which is the same as that imposed for late payment of water and sewer utility charges. In addition to any other remedies or penalties provided by this chapter or any other ordinance of the city, failure of any of the person(s) designated in subsection B above to pay such charges promptly when due shall subject such person(s) to discontinuance of water services and the city manager of the city, or the city manager's designee, is empowered and directed to enforce this provision as to any and all delinquent users in accordance with provision set forth in chapter 17.12. Users shall be entitled to notice and shall have the right to a hearing in accordance with chapter 17.12 before such users' water service is discontinued for failure to pay drainage fees.

    Offsite BMP program fees authorized to be charged in this chapter when delinquent may be certified by the clerk of the city to the county clerk of Sedgwick County to be placed on the tax roll for collection, subject to the same penalties and to be collected in like manner as other taxes, and such charges shall, thereafter, constitute a lien upon the real estate served by the stormwater utility and against which such charges were made, regardless of whether the offsite BMP program fees were incurred when a property owner was in possession of the property or a non-owner was in possession of the property. Further, in the event that BMP program fees remain unpaid for the period referenced in section 16.32.094(B)(4), the city may require the property owner to construct and maintain on-site BMPs as therein provided.

(Ord. No. 50-266 § 4, 6-21-16)