Ordinance 96-3051 ORDINANCE NO. 96-3051
AN ORDINANCE AMENDING CHAPTER 45 OF THE CODE
OF THE CITY OF MIAMI BEACH, AND APPLICABLE
SECTIONS THEREOF, CREATING A STORMWATER
UTILITY, AND ADOPTING STORMWATER UTILITY FEES
TO PLAN, CONSTRUCT, OPERATE AND MAINTAIN A
STORMWATER MANAGEMENT SYSTEM CONSISTENT
WITH THE CITY OF MIAMI BEACH'S COMPREHENSIVE
PLAN, AS MAY BE AMENDED; PROVIDING FOR
DEFINITIONS; PROVIDING FOR A FEE STRUCTURE FOR
STORMWATER UTILITY SERVICES AND METHODS OF
BILLING, COLLECTION AND ENFORCEMENT;
PROVIDING FOR REPEALER, SEVERABILITY,
INCLUSION IN THE CODE AND AN EFFECTIVE DATE.
WHEREAS, the City of Miami Beach has, in accordance with Section 24-61.2 of the
Code of Metropolitan Dade County, Florida, been exempt from Dade County's Countywide
stormwater utility system; and
WHEREAS, as a result of such exemption, the City of Miami Beach is responsible for
the ownership, maintenance and expansion of an existing stormwater management system that has
been developed over a number of years for the purpose of collecting and disposing of storm and
other surface waters; and
WHEREAS, the points of discharge for numerous stormwater drainage systems serving
the City of Miami Beach are in Biscayne Bay and its tributaries; and
WHEREAS, the waters of Biscayne Bay and its tributaries are protected under the
provisions of the Biscayne Bay Aquatic Preserve Act (the "Act") as adopted by the Florida State
Legislature; and
WHEREAS, the South Florida Water Management District has adopted rules and
regulations with respect to groundwater protection that result in capital costs for the City of
Miami Beach to enable the construction of ground water protection devices in conjunction with
storm drainage improvement; and
WHEREAS, the City of Miami Beach desires to address such various environmental
issues which will further burden its infrastructure requirements; and
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WHEREAS, the City of Miami Beach finds that although each developed property within
the City of Miami Beach has varying degrees of water retention, all properties contribute to some
extent to the City's stormwater problems and that all citizens will benefit from the creation of a
stormwater utility; and
WHEREAS, the City has conducted a study to determine the average amount of
impervious square footage on residential developed properties within the City. Such average of
impervious square footage contemplates the proportional benefit received by properties from the
stormwater utility services and forms the basis of the proposed fee structure. The fee structure
proposed herein represents a reasonable and rational basis for allocating the costs for operating,
maintaining and constructing the stormwater utility system; and
WHEREAS, the City of Miami Beach finds that it is necessary and essential to create a
stormwater utility to collect and dispose of stormwater within the City of Miami Beach in order
to protect the health, safety and welfare of the citizens of the City.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1: That Chapter 45 of the Code of the City of Miami Beach, entitled "Water"
be and is hereby amended as follows:
CHAPTER 45
WATER; SANITARY SEWER AND STORMWATER SERVICES
Article I. General Provisions.
§ 45-1. Establishment of public works department; superintendent.
§ 45-2. Rules and regulations for sale and distribution adopted; to be observed.
§ 45-3. Definitions.
§ 45-4. Schedule of rates and tapping charges.
§ 45-5. Meter generally; temporary use.
§ 45-6. Private fire service; fire line charges.
§ 45-7. Application and contract.
§ 45-8. Cancellation of contract and discontinuance of service.
§ 45-9. Tapping, mains, service pipes and connections.
§ 45-10. Metered water supply service.
§ 45-11. Payment of bills.
§ 45-12. Delinquent accounts; payment of collection costs and attorney fees; creation of
liens.
§ 45-13. Turn-on and shut-off.
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§ 45-14. Leaks and waste.
§ 45-15. Sprinkling during fire.
§ 45-16. Public fire hydrants.
§ 45-17. Responsibility of owner of premises.
§ 45-18. Tenant as agent of owner.
§ 45-19. Service of notices.
§ 45-20. Effect of amendments to rates and rules.
§ 45-20.1 Authority of city manager during water emergencies.
§ 45-20.2 Sanitary sewer service charge.
§ 45-21. Penalty.
Article II. Local Implementation of Water Shortage Plan.
§ 45-22. Intent and purpose.
§ 45-23. Definitions.
§ 45-24. Application of article.
§ 45-25. Amendment to water shortage plan.
§ 45-26. Declaration of water shortage; water shortage emergency.
§ 45-27. Enforcement.
§ 45-28. Penalties.
§ 45-29. Water users to accept provisions of article.
Article III. Stormwater Utility.
L45-30. Intent and purpose; stormwater utility system.
& 45-31. Definitions.
& 45-32. Application of article.
§ 45-33. Stormwater utility fees.
§ 45-34. Stormwater utility fee reductions.
& 45-35. Authority to manage.
§ 45-36. Notices.
& 45-37. Enforcement; penalties.
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Article I. General Provisions.
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Sec. 45-3. Definitions.
The following words, when used in this chapter, shall, for the purpose of this chapter, have the
meanings respectively ascribed to them as follows:
Charges. All fees applicable for watery and sewer, and stormwater services incurred and/or
billed by the city°s utility billing system for services incurred.
Consumer.The entity billed for water,and sewer, and stormwater services in any premises
supplied by the city.
Owner. The entity, occupant or tenant having an interest, whether legal or equitable, sole
or only partial, in any premises which is or is about to be provided with a
services(s) of the city. The word "owners" means all interested.
Territory. The territory supplied by the public works department.(Code 1950, § 38.3; Ord.
No. 79-2185,§§1,2.)
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Sec. 45-4. Schedule of rates and tapping charges.
* * *
(g) Every owner or consumer making an application for water service shall be required to make
a deposit with the public works department called a guarantee of payment deposit. The amount
of such deposit shall be according to the size of the service in the following schedule:
MINIMUM GUARANTEE DEPOSITS
Service Amount
3/4" $40.00
1" 50.00
1 1/2" 60.00
2" 100.00
3" 500.00
4" 600.00
6" 1,000.00
8" 1,500.00
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At any time the owner or consumer making such deposit wishes the service to be discontinued,
the guarantee of payment deposit shall be refunded less outstanding charges for water, sewer
stormwater or garbage and waste.
If, at any time the total service charges for a given account exceed the amount of the deposit,
the public works department reserves the right to demand an additional deposit up to four
times the amount of any previous monthly bill on that service. (Code 1950,§ 38.4; Ord.
No.1386, § 1: Ord. No. 1515, § 1; Ord. No. 1607, §1; Ord. No. 1635,§ 1; Ord. No. 1936 §§
1,2; Ord. No. 74-2004, §§ 1,2; Ord. No. 75-2046,§§ 1 to 4; Ord No. 78-2137,§§ 1,2,3; Ord.
No. 78-2141, § 1; Ord. No. 78-2142, §§ 1,2,3; Ord. No 79-2185,§§ 1, 3; Ord. No. 82-
2343,§§ 1,2,3; Ord. No. 85-2491, §§ 1 through 4; Ord. No. 87-2538,§§ 1 through 3; Ord.
No. 89-2661, §§ 1 through 3; Ord. No. 91-2726, §§ 1-3: Ord. No. 91-2753, §§ 1-3.)
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Sec. 45-5. Meter generally; temporary use.
(a) In cases where a number of houses or premises are supplied through one meter and one
service, if at any time one or more of such houses or premises are sold, or transferred, or
otherwise passes under separate ownership, the owners shall be required to disconnect such
houses and have separate meters installed for each separate owner.
(b) Where the owner of a building containing more than one store, dwelling or other premises
desires that separate meters be installed to each separate store, dwelling or other premises, such
additional meters shall be installed upon the payment in advance, by the owner, of the regular
tapping charge for a new service for each meter installed.
(c) Contractors and other persons will be supplied with water for temporary use according to
the regular monthly service charges as provided for water supply,provided that all fees for the
subject property have been paid in full through the last billing cycle or. if no stormwater utility
account has been previously established, that such account is established. They shall be required
to deposit regular guarantee of payment deposit. Such deposit shall be held by the public works
department as a guarantee of safety for the meter and other equipment of the public works
department, furnished the contractor, and for the payment of charges for water used through the
meter. The applicant shall be charged the regular tapping charge for the cost of making the tap,
setting the meter and other expenses in connection therewith, and for the removal of the meter
and connections. Upon payment of all charges and the removal and discontinuance of service
through the meter,the public works department may refund the amount of deposit made by the
applicant for such service.
(d) Contractors or any other consumer desiring water for temporary use shall not be allowed
to use water from fire hydrants. (Code 1950, § 38.5; Ord. No. 79-2185, § 1.)
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Sec. 45-11. Payment of bills.
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(a) Payment of all bills and accounts of the public works department must be made to the city
cashier in the city finance department.
(b) All water,and sewer. and stormwater utility bills, except those rendered to the Army or to
any federal agency, shall be paid within fifteen days from the date of the bill. Bills rendered to
the Army or any federal agency shall be paid within forty-five days from the date of bill. A ten
percent penalty shall be added to all water,mei sewer, and stormwater utility bills, except those
rendered to the Army or any federal agency, if not paid within fifteen days from the date of bill.
A ten percent penalty shall be added to all bills rendered to the Army or any federal agency if not
paid within forty-five days from the date of the bill.
(c) The date payment is actually received by the cashier of the finance department,regardless
of the postmark date, shall be taken as date of payment for all remittances by mail for bills and
accounts due.
(d) No abatements or deductions on metered service charges shall be made or allowed, except
for errors;in meter readings on which such charges are based, or inaccuracies in the registration
of any meter or in the event of error on the part of the public works department in the making of
any charge or in the amount thereof, and then only provided claim for such abatement or
deduction is made in writing within ten days after the date of the rendition of the bill or account
in dispute.
(e) No abatements or deductions on any bill, account or charge rendered or made by the
public works department for any service or purpose other than metered service, shall be made or
allowed unless and only when claim for such abatements or deductions is made in writing within
ten days after the date of the rendition of the bill or account in dispute.Notwithstanding the
foregoing with respect to billing of stormwater utility services, fee reductions shall be available
as more particularly provided in Section 34 of this Chapter 45.
(f) Dishonored checks will be automatically represented to the banks for collection a second
time when practicable and if then returned for whatever reason, the account will be charged a fee
in the amount of either(1)the charge paid by the City to the bank returning the check plus an
additional twenty-five percent(25%)of the bank charge for the City's administrative expenses,
provided that the administrative fee shall not be less than five dollars ($5), or, (2) five percent of
the amount of the check, whichever is greater.
(g) Not withstanding any other provisions of this chapter,prior to cut-off of service, the
finance director or his designated agent shall mail and/or hand deliver a notice of cut-off of
services to the owner, resident or occupant and shall provide a date and time for the owner,
resident or occupant to present their dispute to the finance director or his designated agent.
Notice of cut-off shall automatically become final on the date and time of such hearing in the
event that said owner, resident or occupant fails to appear.
(h) The city finance director may direct billing to issue one itemized water,and sewer, and
stormwater utility bill, where practicable, for all water meters billed to a given owner or
consumer on a given parcel of property or properties. In addition,the finance director may
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Words in underscored type are additions. 6
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direct,where practicable,that the appropriate charges for garbage and waste fees be included on
any bill rendered for water,and sewer, and stormwater utility charges. The combined bills are
subject to all provisions set forth in chapters 45 and 14A of the Code of the City of Miami
Beach. (Code No. 1950, § 38.11; Ord. No. 1528, § 1; Ord.No. 1648, § 1; Ord. No. 79-2185, §§
1,5; Ord. No. 83-2352, § 4; Ord. No. 83-2397, § 2.)
Sec. 45-12. Delinquent accounts; payment of collection costs and attorney fees;
creation of liens.
(a) All bills and accounts rendered and charges made by the city's utility billing system which
are in arrears as provided in this chapter, shall be termed delinquent accounts. The owner and/or
consumer of any premises supplied by water,and sewer,and/or stormwater utility services by the
city shall pay all costs of collection, including reasonable attorney fees, incurred in the collection
of charges, bills, accounts, liens and penalties imposed by virtue of this chapter.
(b) All delinquent accounts, including metered water supply,and sewer. and/or stormwater
utility service, may cause the services-of provided by the public works department to be
discontinued and the water supply to be shut off from and to the premises of the owner or
consumer from whom such account is in arrears, in accordance with the provisions contained in
section 45-11(g), regardless of the status of the owners' other accounts. A disconnect charge of
ten dollars shall be assessed against such consumer or customer and the water not turned on to
any premises until a ten dollar turn-on fee has been paid for each meter.
(c) When an owner or consumer vacates or sells property leaving a delinquent bill against
such property vacated or sold,the public works department may, at its option,refuse to provide
scrvicc on any other service to the same owner or consumer for use in
the future until the date the original delinquent account is paid, regardless of whether the other
accounts of the owner or consumer are in good standing.
(d) When water, sewer and/or stormwater utility services are-is furnished to the owner or
occupants of any premises,the charges for such water services shall be and constitute a lien
against the premises, and shall become effective and binding as such lien from the date upon
which the account becomes due, unpaid and in arrears. Existing liens and liens imposed
hereafter as set out in this paragraph shall be treated as special assessment liens against the
subject real property, and until fully paid and discharged, shall remain liens equal in rank and
dignity with the lien of ad valorem taxes, and shall be superior in rank and dignity to all other
liens, encumbrances,titles and claims in,to or against the real property involved;the maximum
rate of interest allowable by law shall accrue to such delinquent accounts. Such liens for service
charges and penalties shall be enforced by any of the methods provided in chapter 86, Florida
Statutes, or, in the alternative, foreclosure proceedings may be instituted and prosecuted under
the provisions applicable to practice,pleading, and procedure for the foreclosure of mortgages on
real estate set forth in Florida Statutes, or may be foreclosed per Chapter 173, Florida Statutes, or
the collection and enforcement of payment thereof may be accomplished by any other method
authorized by law. The owner and/or operator shall pay all costs of collection, including
reasonable attorney fees, incurred in the collection of fees, service charges,penalties and liens
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imposed by virtue of this chapter. The remedy provided in this paragraph shall be cumulative
and shall not be construed to waive the right of the city to require payment of any bill in arrears
before renewing any mer services of the public works department to the premises in question.
(e) When water supply has been shut off from and to the premises of the owner or consumer
from whom such account is in arrears, and said water supply is found to have been turned on by
other than authorized public works personnel, a twenty-five dollar charge shall be assessed
against such owner or consumer for the insertion of solid washers in subject meters and/or the
removal of the subject meters in order to prevent unauthorized usage of the city water supply.
(Code 1950, § 38.12; Ord. No. 79-2185, §§ 1.6; Ord.No. 82-2343, § 5; Ord.No. 83-2352, § 5;
Ord. No. 84-2440, § 4; Ord.No. 90-2705,§ 1.)
Sec. 45-17. Responsibility of owner of premises.
Every owner will be held fully responsible and liable by and to the city for all that is done or
omitted on, in or about any premises in connection with the city water. sewer or stormwater
utility service by any agent or tenant or other persons not in the employ of the public works
department, who may gain access thereto. (Code 1950, § 38.17; Ord. No. 79-2185, § 1.)
Sec. 45-18. Tenant as agent of owner.
The tenant in or upon any premises of any owner shall at all times and for all purpose
connected with or arising from the public works department's water supply. sewer and/or
stormwater utility services to and for such premises, except the making of the original
application for water supply service pipe and contract, be taken and construed to be the
properly constituted agent of the owner. (Code 1950, § 38.18; Ord. No. 79-2185, § 1.)
* * *
Sec. 45-21. Penalty.
Any person found guilty of a violation of any of the foregoing rules and regulations in this
chapter, or who shall fail to observe any of the foregoing regulations, or who shall take and
use water of the city for water or sewer purposes or receive the benefit of the stormwater
utility without paying therefor, or who shall connect his premises with any water main, sewer
main or stormwater management system of the city without permission of the public works
department, shall, upon conviction thereof, be punished as provided in section 1-8. (Code
1950, § 38.21; Ord. No. 79-2185, §1.)
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Article III. Stormwater Utility.
Sec. 45-30. Intent and purpose: stormwater utility system.
As authorized pursuant to Sections 403.0891 and 403.0893, Florida Statutes, a stormwater
utility is hereby created consistent with the City of Miami Beach's Comprehensive Plan, and
stormwater utility fees are hereby established to plan. construct, operate and maintain a
stormwater management system. The "stormwater management system" is the system
designed and constructed or implemented to control discharges which are necessitated by
rainfall events, incorporating methods to collect, convey, store, absorb, inhibit, treat, use or
reuse water to prevent or reduce flooding. overdrainage, environmental degradation and water
pollution or otherwise affect the quantity and quality of discharges from the system. The
"stormwater utility" is the funding of the stormwater management system by assessing the cost
of the program to the beneficiaries based on their relative contribution to its need. It is
operated as a typical utility which bills services regularly, similar to water and wastewater
services.
Sec. 45-31. Definitions.
The following words, when used in this chapter, shall, for the purpose of this chapter, have
the meanings respectively ascribed to them as follows:
BMP (Best Management Practice). Any stormwater treatment facility (including, but not
limited to, a drainage well, exfiltration basin, grass swale, retention pond, or detention pond.
installed according to accepted engineering design criteria for the purpose of reducing the
discharge of pollutants.
Developed Property. Any parcel of land that contains an impervious area.
Dwelling. Any building that is wholly or partly used or intended to be used for living,
sleeping, cooking and eating.
Dwelling Unit. A room, or group of rooms, occupied, or intended to be occupied as
separate living quarters by one family with independent cooking and sleeping facilities.
ERU(Equivalent Residential Usage Unit). The statistically estimated average of impervious
area of residential developed properties per dwelling unit within the City of Miami Beach.
This estimated average (which equals 791 square feet) is calculated by dividing the total
estimated impervious area of residential properties by the estimated total number of dwelling
units.
Impervious Area. The horizontal ground surface that is not readily penetrated by rainwater.
This shall include, but not be limited to, all structures, slabs, patios, porches, driveways,
sidewalks, parking areas, athletic courts and decks.
Mixed Use Developed Property. Any parcel of land with impervious area that contains
dwellings or dwelling units and also serves non-residential purposes.
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Non-residential Developed Property. Any parcel of land with impervious area that does not
contain only dwellings or dwelling units.
Residential Developed Property. Any parcel of land with impervious area that contains only
dwellings or dwelling units.
Stormwater Infrastructure. The structural. non-structural, or natural features of a parcel of
land or watershed which collect, convey, store. absorb, inhibit, treat, use, reuse, or otherwise
affect the quality or quantity of stormwater.
Stormwater. The surface water runoff that results from rainfall.
Stormwater Utility Fund or Fund shall mean that separate account established by the City of
Miami Beach for the deposit and use of all stormwater utility fees collected.
Sec. 45-32. Application of article.
The provisions of this Article and all Sections of this Chapter applicable to the stormwater
utility shall apply to all properties within the City of Miami Beach.
Sec. 45-33. Stormwater utility fees.
fa) A stormwater utility fee is hereby assessed against each property within the City of
Miami Beach. To assess the foregoing fee against each property within the City of Miami
Beach. the public works department shall establish an account for each property (or each use
thereon) based upon existing City of Miami Beach utility accounts, applications for service.
and Dade County Tax Assessor property information or other ownership records.
(b) For the purpose of this Ordinance, each dwelling unit is assigned one ERU. For
properties which do not contain a dwelling unit (i.e. non-residential developed properties). the
ERU is calculated by dividing the impervious area on the property by 791 square feet (e.g., a
non-residential developc1 property containing 1582 square feet of impervious area is
equivalent to 2 ERUs.) For purposes of calculating ERUs for mixed-use developed properties,
the number of ERUs for each property shall be calculated by adding the number of ERUs for
dwelling units on the property plus the number of ERUs attributable to that portion of the
property not used for dwelling units. With respect to ERUs for non-residential developed
property and that portion of the property in mixed use developed property not used for
dwelling units, a stormwater account shall be established based upon each separate use. In the
event more than one non-residential account is established with respect to such non-residential
or mixed use properties. the ERUs shall reflect the ratio of square feet attributable to each use
in relation to the total square feet attributable to that portion of the property not used for
dwelling units.
(c) The fee assessed against each account shall be determined by multiplying $2.50. the
stormwater utility service charge. by the number of ERUs for each account. The amount of
such fee shall be shown as a separate item on water bills (or as shown on a stormwater utility
bill if no water bill is issued) and shall be paid by the owner, tenant or occupant in possession
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of the premises at the same time and in the same manner as is provided in this chapter for the
payment of water bills.
(d) For the purpose of calculating stormwater utility fees, the calculation of ERUs is based
upon property usage. The property usage shall be determined by the public works department
based on. but not be limited by. state and county land use codes, occupational licenses and site
inspections.
(e) Any authorized representative of the public works department shall have free access to
the properties at any reasonable time for the purpose of determining property usage for the
purpose of calculating stormwater utility fees and obtaining billing account information.
(t) The number of ERUs calculated for each account shall be rounded up to the nearest
whole number.
(g) The minimum charge assessed against each property shall be one (1.0) ERU.
(h) The fees collected by the City with respect to the stormwater utility, together with
investment earnings thereon, shall be deposited in the stormwater utility fund and shall be used
exclusively for planning, constructing. financing. operating and maintaining the stormwater
utility and the infrastructure of the stormwater management system. The City may pledge
such fees as security for indebtedness incurred by it in connection with the stormwater utility
and the stormwater management system.
Sec. 45-34. Stormwater utility fee reductions.
Fee reductions, as specified below, are available for properties meeting the following criteria:
(a) A fee reduction of 50% shall be applied to that portion of the property meeting the
following criteria:
The property is subject to a valid National Pollutant Discharge Elimination System
(NPDES) stormwater discharge permit which drain to waters of the U.S., as defined by
the U. S. Environmental Protection Agency.
Ib) A fee reduction of 50% shall be applied to that portion of the property meeting the
following criteria:
The property is served by privately owned and maintained BMPs that are or would be
required for development under current applicable state, county. and City criteria
capturing a volume equal to the maximum of :
(2.50 inches) times (the impervious fraction of the area draining to the BMP) times (the
area draining to the BMP)
-OR-
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(1.00 inch) times (the area draining to the BMP)
(c) A fee reduction of 50% of the volume fraction shall be applied to that portion of the
property meeting the following criteria:
The property is served by privately owned and maintained best management practices
(BMPs) that are or would be required for development under current applicable state.
county, and City criteria capturing a volume less than that in subsection (b) above. For
purposes hereof "volume fraction" equals (provided volume) divided by (required
volume pursuant to subsection (b) above.)
(d) In order to apply for a fee reduction, property owners must submit a completed
affidavit/application (in a form to be established by the director of public works) to the public
works department. Upon verification by a representative of the city that the above criteria have
been satisfied and the property owner is entitled to a fee reduction, fee reductions shall be
applied, retroactive to the date of the application.
Sec. 45-35. Authority to manage
(a) The public works department is authorized and reserves the right, at its option. to
determine and prescribe the requirements of the stormwater management system (including all
components of the infrastructure) and all necessary or desirable alterations, repairs and
extensions to manage and control stormwater runoff, provided such action serves a public
purpose.
(b) The City and the public works department have not, and shall not, make any guaranty
as to the amount of stormwater runoff managed by the stormwater management system. the
time intervals required to effectuate such management of runoff, or any other aspect of the
stormwater management system and the management of runoff, and shall not be. under any
circumstances, held liable for loss, damage or adverse consequences suffered by or to the
owner or his property arising out of a deficiency or failure in the stormwater utility.
Sec. 45-36. Notices
(a) In the event of any change in ownership or occupancy of any premises connected to the
system, the public works department shall be immediately notified in writing of such change,
giving in such notice the name and address of the new owner or occupant. The use of utility
services shall be deemed and construed to be an acceptance by a new owner or occupant of the
obligations of the preceding owner, including the obligation to pay all stormwater utility fees.
to the City. In the event any owner fails to notify the public works department
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in writing of a change in ownership or occupancy of any premises for stormwater utility
service, such owner shall continue to be liable to the City for all fees accrued and accruing for
such service until a new account is established for the new owner or occupant. However, the
foregoing provision shall not preclude the public works department from also demanding from
the new owner or occupant the payment of all or any fees which shall, at the time of such
demand, be unpaid or unsecured, without regard to whether the same accrued prior or
subsequent to such change in ownership or occupancy. In no case of change of ownership
shall the preceding owner be released from any contract obligations to the public works
department accruing prior to the establishment of a new account for the new owner or
occupant. except at the option of the public works department, evidenced by a written release
from the City. Any notice of change in ownership or occupancy of any premises connected to
the city's water system pursuant to Section 45-7 of this code shall be deemed sufficient to
satisfy the notice of requirement hereof and the change shall be applicable to the stormwater
utility account for the premises.
Sec. 45-37. Enforcement: penalties.
No person shall interfere or tamper. whether by act of commission or omission, with the
stormwater management system. or with manholes, catch basins, drainage wells, french
drains, service pipes, or with any appliance of the public works department or with any
appliance or component of the stormwater management infrastructure, which was or is a part
of the stormwater management system. or was or is required by the public works department
for controlling or regulating stormwater, and the stormwater management system. Any
interference or tampering prohibited by the foregoing sentence shall constitute a violation of
this Ordinance and shall be subject to the penalty. including the criminal penalty. set forth in
Section 20-17 of this code. For the purpose hereof. any interference or tampering with any
appliance or component of the infrastructure used for controlling or regulating the stormwater
and stormwater management system, shall be construed and taken to be the act of the owners
or consumers at the premises.
SECTION 2: REPEALER:
That all Ordinances or parts of Ordinances in conflict herewith be and the same are
hereby repealed.
SECTION 3: INCLUSION IN THE CODE:
It is the intention of the City Commission, and it is hereby ordained that the provisions
of this Ordinance shall become and made a part of the Code of the City of Miami Beach; that
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Words in underscored type are additions. 13
the sections of this Ordinance may be renumbered or relettered to accomplish such intentions;
and that the word "Ordinance" shall be changed to "Section" or other appropriate word.
SECTION 4: SEVERABILITY:
If any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SECTION 5: EFFECTIVE DATE:
This Ordinance shall become effective ten (10) days after the date of enactment.
PASSED and ADOPTED THIS 11th day of se•t: b e r , 1996.
i
4.11\
Mayor
ATTEST:
City Clerk
1st reading 7/17/96
2nd reading 9/11/96
A:I CH45_ORD.SWU
7/12/96
FORM APPROVED
LEALD '17
By �Lil�r. A _ '
cite
Words in struck-through type are deletions from existing Ordinance.
Words in underscored type are additions. 14
3
CITY OF MIAMI BEACH -
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139
COMMISSION MEMORANDUM NO. .3 17-q L
TO: Mayor Seymour Gelber and
Members of the City Commission DATE: September 11, 1996
FROM: Jose Garcia-Pedrosa
City Manager
SUBJECT: SECOND READI - AN ORDINANCE ESTABLISHING THE CITY OF
MIAMI BEACH STORMWATER UTILITY AND SETTING THE RATE FOR
THE STORMWATER UTILITY SERVICE CHARGE
ADMINISTRATION RECOMMENDATION
The Administration recommends that the City Commission adopt the attached Ordinance, on
second reading, amending the Code of the City of Miami Beach to implement the provisions of
Sections 403.0891 and 403.0893, Florida Statutes, by creating a Stormwater Utility for the City
of Miami Beach and authorizing the assessment and collection of stormwater utility fees sufficient
to plan, construct, operate and maintain the stormwater management system.
BACKGROUND
Section 403.0893, Florida Statutes, authorizes the establishment of stormwater utilities for
construction, operation and maintenance of stormwater management systems to collect, convey,
store, absorb, inhibit, treat, use or reuse water, prevent or reduce flooding, environmental
degradation and water pollution.
On June 18, 1991, the Board of County Commissioners of Metropolitan Dade County adopted
Ordinance 91-66, establishing a county-wide stormwater utility. On September 2, 1992, the City
of Miami Beach adopted Resolution No. 92-20579,which authorized the execution of an Inter-local
Agreement with Metropolitan Dade County Stormwater Utility by and through the County's
Department of Environmental Resources Management. The Inter-local Agreement establishes
relationships and responsibilities for planning,control,operation,construction,maintenance, repair,
and enhancement of stormwater systems located within the limits of the City.
In June of 1993, the City of Miami Beach, under the umbrella of the Metropolitan Dade County
Stormwater Utility, commenced the billing and collection of Stormwater Utility fees. The City's
consultant for the Comprehensive Stormwater Management Program, CH2M Hill, Inc., has
submitted a draft master plan report which includes a five year plan for fiscal implementation of
required stormwater management improvements in parts of the City,which have been identified as
the highest priority areas.
AGENDA ITEM CS 5 r\
DATE 9-11- t,
COMMISSION MEMORANDUM PAGE 2 September 11, 1996
In order to finance the proposed improvements, a Stormwater Utility Bond Issue is planned.
However, Bond Counsel has determined that for the Bonds to be issued, ownership of the
stormwater management system must be clearly identified,therefore,the City of Miami Beach must
implement a Stormwater Utility separate from the Metropolitan Dade County Stormwater Utility.
On October 17,1995, The Board of County Commissioners of Metropolitan Dade County adopted
Ordinance 95-195, amending Section 24-61.2 of the Code of Metropolitan Dade County, Florida
allowing for exemption from the provisions of the Metropolitan Dade County Stormwater Utility
Ordinance for municipalities.
On March 20, 1996, the City Commission approved Resolution No. 96-21923 notifying
Metropolitan Dade County that the City of Miami Beach desires to exercise its option to be exempt
from the provisions of the Metropolitan Dade County Stormwater Utility Ordinance.
On June 18, 1996,the Board of County Commissioners adopted Resolution No. 640-96 approving
the exemption of the City of Miami Beach from the provisions of the Metropolitan Dade County
Stormwater Utility Ordinance.
On July 17, 1996,the City Commission approved this Ordinance on first reading and set the required
second reading,public hearing. The Ordinance approved upon first reading set forth the operative
provisions establishing a Stormwater Utility. The substitute amendment incorporates said provisions
into the Code of the City of Miami Beach as applicable.
Accordingly, the substitute amendment to the Code incorporating the proposed amendments to
establish the Stormwater Utility into the applicable Sections of Chapter 45 is at this time submitted
for approval upon this second reading along with the original proposed Ordinance which is enclosed
for your review.
ANALYSIS
The proposed Ordinance provides for the creation of a city-wide Stormwater Utility and
establishment of a stormwater utility service charge in order to plan,construct,operate and maintain
the stormwater management system required by Florida Statutes.
The City, under an existing contract with CH2M Hill, Inc., has obtained a study which determines
the average amount of impervious square footage on residential developed properties within the
City. The average of impervious square footage correlates with the proportional benefit received
by such properties from the stormwater utility services and forms the basis of the proposed fee
structure. The fee structure represents a reasonable and rational basis for providing the funding
to cover the costs for operating, maintaining and constructing the stormwater utility system.
CONCLUSION
It is recommended that the City Commission adopt the Ordinance.
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