Ordinance 1599
ORDINANCE NO. 1599
AN ORDINANCE OF THE CITY OF CUPERTINO
AMENDING ITS ORDINANCE CODE BY ADDING A
NEW CHAPTER 3.36 TO ESTABLISH A STORM
DRAINAGE SERVICE CHARGE AND DECLARING THE
URGENCY THEREOF
The City Council of the City of Cupertino does
ordain as follows:
WHEREAS, pursuant to the 1987 amendments to the
Federal Clean Water Act, the United States Environmental
Protection Agency has promulgated final regulation re-
quiring cities to obtain a National Pollutant Discharge
System (NPDES) permit to discharge storm sewers to re-
ceiving waters; and
WHEREAS, said final EPA regulations have set
forth an extensive and exhaustive course of action in
which demands have been placed on cities to properly
maintain and monitor their storm sewer systems, and in
the future, could contain requirements for significant
reconstruction; and
WHEREAS, the City of Cupertino, along with twelve
other cities, the County of Santa Clara, and the Santa
Clara Valley Water District, have obtained NPDES permits
on June 20, 1990, which allows and requires the cities
to regulate and manage their respective storm sewer sys-
tems in accordance with requirements developed by the
Santa Clara Valley Non-point Source Control and Storm
Water Management Program; and
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WHEREAS, in order to conserve and protect the
City's storm sewer system, and to implement various
requirements of the Clean Water Act, EPA regulations,
and the City's NPDES permit, the City is required to
establish a reasonable storm drainage service charge
computed based upon the need for, and the services
provided by, the storm drainage management program of
the City; and
WHEREAS, the purpose of said charge is to provide
a method for payment of all or any part of the cost and
expense of improving the quality of storm and surface
water runoff, the cost and expense of maintaining and
operating the storm drainage management program of the
City, all or any part of the cost and expense of plan-
ning, designing, establishing, acquiring, developing,
constructing and improving the storm drainage management
system of the City, or to pay or secure the payment of
all or any portion of any indebtedness incurred for such
purpose,
WHEREAS, California 8ealth and Safety Code SS
5471 and 5473 provides specific legal authority for the
imposition of a storm drainage service charge by the
City, and for the collection of said charge on the tax
roll; and
WHEREAS, a written report concerning the method
of assessment of said fee was prepared containing a
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description of each parcel of real property receiving
storm drain services and the amount of the charge for
each parcel for the 1992-93 fiscal year= and
WHEREAS, the City Clerk caused notice of the fil-
ing a said report and of a time and place of a public
hearing on sai~~ report and this ordinance to be publish-
ed pursuant to Section 6066 of the Government Code as
provided in California Health and Safety Code Section
5473.1= and
WHEREAS, the Clerk also, pursuant to California
Health and Safety Code Section 5473.1, caused a written
notice of the filing of said report described above pro-
posing to have such charges for the 1992-1993 fiscal
year collected on the tax roll and of the time and place
of hearing thereon, to be mailed to each person to whom
any parcel or parcels of real property described in said
report is assessed in the last equalized assessment roll
available on the date said report is prepared, at the
address shown on said assessment roll or as known to the
Clerk] and
WHEREAS, the report described above was available
for public inspection and review ten (10) days prior to
the public hearing; and
WHEREAS, the time and place for said hearing was
set by the Clerk to be conducted on July 20, 1992 at
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6:45 p.m. at the Cupertino City Hall Council Chambers,
10300 Torre Avenue, Cupertino, California; and
WHEREAS, the Council at said time and place heard
all evidence, protests and comments regarding:
a) Whether the storm drainage charge should be
imposed
b) The amount of said charge and
c) Whether said charge should be collected on
the tax roll; and
WHEREAS, with respect to whether said charge
should be collected on the tax roll, that any protest
made by property owners to be charged did not constitute
a majority of the separate parcels of property described
in the report; and
WHEREAS, the City Council of the City of
Cupertino determines that the proposed storm drainage
charge should be imposed at the amount described in the
report, and that said charge should be collected on the
tax roll in the same manner, by the same persons, and at
the same time as, together wii:h and not separately from,
its general taxes; and
WHEREAS, the City Council also finds that the
report described above provides an appropriate method of
assessment establishing the relationship between the
storm drainage charge and the cost of the storm drain
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management program conducted by the City and that there
is a reasonable relationship between the need for the
charge and the impacts for which the charge shall be
used, as well as the existence of a reasonable relation-
ship between the charges use and the properties which
are to be chargeds and
WHSRSAS, the charge described is based upon run-
off co-efficienta established in the City's Master Storm
Drain Study, which the City Council has approved and
incorporates herein,
NOW, THBRBFORS, BS IT ORDAINED by the Council of
the City of Cupertino:
Section i
Chapter 3.36 of the Cupertino Municipal Code, en-
titled Storm Drainage Service charge is hereby enacted
to be numbered and entitled and to read as follows:
Section 3.36.010 - Purpose of the Chara_e - Limitation of
Use
The purpose of the charge is to conserve and pro-
tect the City's storm drainage system from the burden
placed on it by the increasing flow of non-point source
runoff and to otherwise meet the requirements developed
by the Santa Clara Valley Non-Point Source Control and
Storm Water Management Program established to comply
~CC.2/OSj 5
with the Clean Water Act, EPA regulations and the
cities' NPDES permits.
The specific purpose of the storm drainage service
charges established pursuant to this Chapter is to
derive revenue which shall only be used for the acquisi-
tion, construction, re-construction, maintenance, and
operation of the storm drainage system of the City of
Cupertino to repay principal and interest on any bonds
which may hereafter be issued for said purposes, to re-
pay loans or advances which may hereafter be made for
said purposes and for any other purpose set forth in
Section 3.36.160. However, said revenue shall not be
used for the acquisition or construction of new local
s;:reet storm sewers or storm laterals as distinguished
from main trunk, interceptor and outfall storm sewers.
Section 3.36.020 - Definitions
Except where the context otherwise requires, the
following definitions in this section shall govern the
construction of this Chapter:
A. "Apartment Premises" means premises improved
or used for a residence for three (3) ar more families
living independently of each other and doing their own
cooking and which is not separately assessed by the
county tax assessor for each such family dwelling.
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B. "City" means and includes all territory lying
within the municipal boundaries of the City of Cupertino
as presently existing plus all territory which may be
added thereto during the effect term of the ordinance
codified herein.
C. "Commercial/Industrial Premises" - means
premises improved or used for any purpose or purposes
other than as a residence for one or more families
living separately in separate dwelling units, or which
is improved or used as a residence for one or more
families living separately in separate dwelling units
and for one or more other purposes.
D. "Director of Public Works" means the Director
of Public Works and his/her duly authorized agents and
representatives.
8. "Finance Director" means the Director of
Finance of the City of Cupertino and his/her duly
authorized agents and representatives.
F. "Lot" means a unit of land which may lawfully
be sold as a separate area of land in conformity with
the City's subdivision ordinance.
G. "Maintenance and Operation" means the admini-
stration, operation, maintenance and repair of any facil-
ity in the City's storm drain system, including, but not
limited to:
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1) Items ordinarily recognized as capital
items (eg. interests in land) when reasonably
necessary to maintain the capacity of the
storm drain system when new.
2) Street sweeping and catch basin cleaning.
3) Replacement of portions of existing facili-
ties damaged or destroyed as a result of acci-
dent or natural disasters.
4) Damages or settlements paid in the course
of, or because of, threatened or actual legal
actions to the City's storm drain system or
non-point source program.
5) Regional monitoring, permit fees, public
education and awareness programs regarding the
City's storm drain system and the City's non-
point source program.
6) Management of the City's non-point source
program including, but not limited to, BMP
manuals, public outreach, printed materials,
City staff and legal coats related thereto.
H. "Parcel" means a unit of land which is deaig-
Hated by the tax assessor of Santa Clara County for
property tax purposes.
I. "Premises" means a separate area of land im-
proved or unimproved, which is connected to or benefited
from, directly or indirectly, the storm drainage system
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or any portion thereof, or from which any water runoff
is discharged; directly or indirectly, into said storm
drainage system.
J. "Residential Premises" means premises, other
than apartment premises, improved or used solely as a
residence foc one or more families living separately in
separate dwelling units.
K. "storm Drainage System" means any pipe, con-
duit, or sewer of the City designed or used for the
disposal of storm and surface waters and drainage in-
cluding unpolluted cooling water and unpolluted indus-
trial process water, but excluding any community sani-
tary sewer system.
L. "Vacant Premises" means an area of land con-
sisting of a single lot or a lot which is part of a sub-
division recorded in the office of the county recorder,
or a lot or area of land described by meter and bounds
which has been recorded, without any structure existing
upon it.
Section 3.36.030 - Determination and im osition of
C e
For purposes specified in section 3.36.010, the
storm drainage service charge established pursuant to
this Chapter are hereby prescribed and imposed, and
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shall be paid to and collected by the City, for services
and facilities furnished by the City in connection with
its storm drainage system to or, for each premises which
is benefited directly or indirectly by said storm drain-
age system or any part thereof, or from which any storm
water is conveyed or discharged directly or indirectly
into the storm drainage system. Said charge imposed
annually and will be assessed and collected as follows:
Residential premises $ 12.00 /parcel
Apartment premises $ 144.00 /acre
Commercial/Industrial
premises $ 144.00 /acre
Vacant premises $ 36.00 /acre
Section 3.36.040 - Exemptions
All government or public premises are exempt from
the provisions of this Chapter. As used herein the term
"governmental or public premises" means and includes
premises which are owned bys
a) The City of Cupertino
b) The Central Fire District
of Santa Clara County
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c) The Cupertino Union School District
d) The Poothill Community College District
e) The Fremont Union School District
-"' - __ ._ _ -Q} The Midpeninsula Regional Park District
g) Santa Clara County
I
h) Santa Clara County Valley Water District
i) Cupertino Sanitary District
j) Southern Pacific Railroad Company
k) State of California
1) United States of America
Section 3.36.050 - Annual Review of Charges
On or about the beginning of each fiscal year, the
City Council shall ceview the amount of revenue produced
by the storm drainage service charge, the estimated cost
of the City's Non-Point Source Control and Storm Water
Management Program and may modify the amount of such
charges.
Section 3.36.060 - Methods of Measurement and Analysis
Prior to establishing or reviewing the storm drain-
age service charge, the City Council shall be provided
with a written report prepared by the Director of Public
Works who, on the basis of standard methods, standard
engineering practices and applicable provisions of this
Chapter, shall render his written opinion as to the
adequacy and appropriateness of methods employed to
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measure land area of premises served by the storm
drainage system for the purpose of computing the storm
drainage service charges as set forth in this ordinance.
The Director of Public Works, on the basis of
standard methods, standard engineering practices, ap-
plicable provisions of this Chapter, and applicable
state and federal regulations and guidelines, if any,
shall also render his written opinion at to the benefit
received by each premises from the storm drainage sys-
tem.
Section 3.36.070 - Effective Date of Charges
The storm drainage service charges shall become
effective on the effective date of this ordinance.
Section 3.36.080 - Charges Collected with General Taxes
A. Subject to the exceptions hereinafter set
forth, the City elects, as an alternative procedure for
the collection of storm drainage service charges pre-
scribed or imposed by the provisions of this Chapter, to
have all such storm drainage service charges for each
fiscal year collected on the tax roll in the same man-
ner, by the same persons and at the same time as, and
together with and not separately from, its general
taxes.
B. The Director of Public Works is hereby direct-
ed to prepare and file with the City Clerk, on or before
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the 15th day of June of each year, or such other date or
dates as the City Council may specify by Resolution, a
written report containing a description of each and
every parcel of real property receiving the benefit of
the storm drainage system mentioned in this Chapter,
except for those premises the charges for which are not
to be collected on the tax roll, and the amount of the
storm drainage service charges for each premises for the
forthcoming fiscal year, computed in conformity with the
charges prescribed by the provisions of this Chapter.
C. The City Clerk shall cause notice of the fil-
ing of said report and of a time and place of hearing
thereon to be published, prior to the date for hearing,
in a newspaper of general circulation printed and pub-
lished within the City of Cupertino. The publication of
said notice shall be once a week for two consecutive
weeks. Two publications in a newspaper published once a
week or more often, with at least five days intervening
between the respective publication dates, not counting
such publication dates, are sufficient. The period of
notice commences upon the first day publication and
terminates at the end of the fourteenth day.
D. At the time stated in the above-mentioned
notice, the City Council shall hear and consider all
objections or protests, if any, to the report referred
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to in said notice, and may continue the hearing from
time to time. If the Council finds that protest is made
by owners of a majority of separate parcels of property
described in the report, then the report shall not be
adopted and charges shall be collected separately from
the tax roll and shall not constitute a lien against any
parcel or parcels of land.
8. Upon the conclusion of the hearing, the City
Council may adopt, revise, change, reduce, or modify any
charge or overrule any or all objections and shall make
its determination upon each charge as described in said
report, which determination shall be final.
F. On or before the 1st day of August of each
year following such final determination, the City Clerk
shall file with the Finance Director a copy of said re-
port with a statement endorsed thereon over the City
Clerk's signature that it has been finally adopted by
the City Council.
The Finance Director shall thereupon cause said
charges to be placed on the property tax roll and col-
lected by the County of Santa Clara for the City of
Cupertino, as hereinafter provided. The County's tax
collector shall enter the amounts of the charges against
the respective premises or lots or parcels of land as
they appear on the current assessment roll. If the
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property is not described on the roll, the County's tax
collector may enter the description thereon, together
with the amounts of the charges as shown in the report.
G. The amount of the charges shall constitute a
lien against the lot or parcel of land against which the
charge has been imposed as of noon on the first Monday
in March immediately preceding the date of the 1•-•+•y.
9. The tax collector shall include the amount of
the charges on bills for taxes levied against the re-
spective lots and parcels of land. Thereafter the
amount of the cY.arges shall be collected at the same
time and in the same manner and by the same persona as,
together with and not separately from, the general taxes
for the City, and shall be delinquent at the same time
and thereafter be subject to the same delinquency penal-
ties.
I. All laws applicable to the levy, collection
and enforcement of general taxes of the City including,
but not limited to, those pertaining to matters of
delinquency, collection, cancellation, refund and re-
demption, are applicable to such charges.
J. The tax collector may, at the tax collector's
discretion, issue separate bills for such charges and
separate receipts for collection on account of such
charges.
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K. If any premises receiving benefit from the
storm drainage system are omitted from the above-
mentioned report or said tax roll, either because the
charge therefor shall not have yet been ascertained by
the City as of the date of said report, or for any
other reason, the storm drainage service charge for such
premises shall be collected in the manner provided else-
where in this Chapter. If the charge for any premises,
as shown on said report for the forthcoming fiscal year,
should be less than what should be the charge therefor
under the provisions of this Chapter, the balance of
such charge shall be collected in the manner provided
elsewhere in this Chapter. If, however, the charge for
any premises shown in the report and collected on the
tax roll should exceed the correct charge for such prem-
ises for the fiscal year, the Finance Director shall
refund the excess amount so collected.
Section 3.36.090 - Payment of Balance of Charge
A. If the charge for any premises placed on the
tax roll, or for any premises collected based upon bil-
ling, was less than what should be the charge therefor
under the provisions of this Chapter due to error, the
balance of said charge shall be collected by a bill or
invoice based on a detailed statement showing the basis
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of the calculations, the location of the premises and
other relevant information, and prepared on or after
January tat For the preceding six months from July to
December during which a discrepancy between the amount
collected and the correct charge is discovered, and on
or after July tat for the preceding six months from
January to June during which such a discrepancy is dis-
covered. The Finance Director shall mail said bill or
invoice to the person or persons listed as the owners of
the premises on the last equalized assessment roll of
the County of Santa Clara at the address shown on such
assessment roll or to the successor in interest of such
owner if the name and address of such successor in in-
terest is known to the Finance Director. Failure to
mail any such bill or invoice, or failure of any owner
to receive any such bill or invoice shall not excuse the
owner of any premises from the obligation of paying the
balance of any storm drainage service charge for any
premises owned by him or her.
B. The interested owner may, at any reasonable
time, review the detailed statement prepared by the
Finance Director.
C. The balance of the storm drainage service
charge for such premises shall be due and payable on the
date the bill or invoice referred to in this section is
mailed.
[CC.2/OSJ 17
Section 3.36.100 - Collection of Charges Omitted From
Tax Roll - B 11 ng
A. The Finance Director shall semi-annually, on
or after July 1st, prepare or cause to be prepared a
.detailed statement containing the basis of the calcula-
tions, the location of the premises and other relevant
information, showing the total monthly charge for the
preceding six months from January to June and on or
after January 1st, for the preceding six months from
July to December for any premises the charge for which
should be collected on the tax roll pursuant to Section
3.36.080A but was omitted from the report referred to in
Section 3.36.0808, or premises the charge for which is
collected pursuant billing.
B. An invoice may be rendered for a period of
less than six months if the commencement date of charges
is other than July 1st or January 1st, as may be the
case with new accounts.
C. On the basis of the statement, the Finance
Director shall prepare a bill or invoice showing the
total charge for such six months or less, and shall mail
said bill or invoice to the person or persons listed as
the owners of the premises on the last equalized assess-
ment roll of the County of Santa Clara at the address
shown on such assessment roll, or to the successor in
[CC.2/OSJ 18
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interest of such owner if the name and address of such
successor in interest is known to *h- Director. Failure
to mail any such bill or invoice, or failure of any own-
er to receive any such bill or invoice shall not excuse-"h>C~~,..,.,.r~~
the owner of any premises from the obligation of paying
any storm drainage charge for any premises owned by him
or her.
D. The interested owner may, at any reasonable
time, review the detailed statement prepared by the
Finance Director.
E. The storm drainage service charge for such
premises shall be due and payable immediately upon re-
ceipt of the bill or invoice referred to in this
section.
Section 3.36.110 - Pa ent of Char es - Owner Rea onsi-
b ty
The owner of any premises is and shall be respon-
sible for payment of any and all storm drainage service
charges applicable to premises owned by him or her. It
shall be and is hereby made the duty of each such owner
to provide to the Finance Director information suf-
ficient to calculate the land area of the premises with-
in thirty (30? days after request of the Finance
Director and ascertain from the Finance Director the
amount and due date of any such charge applicable to
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premises owned by such owner and to pay such charge when
due and payable. It also shall be and is hereby made
the duty of all owners of all premises to inform the
Finance Director immediately of all circumstances, and
of any change oc changes in any circumstances, which
will in any way affect the applicabilty of any charge.
In particular, but not by way of limitation, an owner of
any premises shall immediately inform the Finance
Director of any sale or transfer of such premises by or
to such owner.
Section 3.36.120 - Payment of Charges - Location
Except as otherwise provided elsewhere in this
Chapter, all storm drainage service charges shall be
payable at the office of the Finance Director in the
City Hall of the City of Cupertino.
Section 3.36.130 - Payment of Charges - Delinquency Date
8xcept as otherwise provided elsewhere in this
Chap*.er, each storm drainage service charge shall be
delinquent if not paid on or before the fortieth day
immediately following the date upon which such storm
drainage service charge became due and payable.
Section 3.36.140 - Penalty for Delinquency
Sxcept as otherwise provided elsewhere in this
Chapter, whenever any storm drainage service charge be-
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co~aes delinquent, there shall be imposed a penalty equal
to 1008 of the amount as set forth under Section
3.36.030.
Section 3.36.150 - Disputed Charges
If any owner disputes the amount of the charge in
any bill or invoice, the owner shall, within thirty days
from and after the date such bill or invoice is mailed,
and no later, file a claim with the Finance Director
accompanied by detailed supporting factual data in sup-
port of the claim. It shall be the duty of each such
owner to prove to the Finance Director, that such charge
is in error and the correct amount thereof. If the
Finance Director determines that the bill or invoice was
in error, the Finance Director shall correct said bill.
Pailure to dispute the amount of the charge in accord-
ance with this Section shall be deemed acceptance of the
correctness of the charge.
Section 3.36.160 - Adjustments in Charges
It is the intent of the provisions of this Chap-
ter, in establishing different storm drainage service
charges for different classes of premises, to establish
higher charges for those classes of premises which
derive greater benefit from, or impose greater burdens
upon, the storm drainage system, or other benefits re-
ceived by the storm drainage system, giving full consid-
[CC.2/OSJ 21
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eration to other fees or taxes which may be paid by
owners of said premises for the operation, maintenance,
expansion, extension or development of the storm drain-
age system. 7', with respect to any of said premises,
the City Council should find that the charge applicable
thereto is unfair or inequitable, then in that event the
Council may by resolution, agreement or otherwise, eatab-
liah a special storm drainage service charge for such
premises, different from those above provided, and hav-
ing a closer relationship to the benefit received, or
burden placed, by such premises from or upon said storm
drainage system, giving due consideration to other fees
or taxes paid by such premises for said storm drainage
system. However, any agreement or any such special
storm drainage service charge may at any time be revoked
or changed by resolution of the Council upon a finding
that continuation of same would be unfair or inequitable
under the circumstances.
Section 3.36.170 - S ecial Fund Created - Restricted
Ose o Revenues
A. All revenues collected pursuant to the provi-
sions of this Chapter shall be placed into a special
fund which is hereby created for such purpose and which
shall be known as the "storm drainage service charge
[CC.2/OS) 22
fund." Such revenues may be used for the purpose speci-
fied in Section 3.36.010, and for no other purpose] pr~-
vided, however, that moneys deposited in said fund may
be used for direct and administrative costs of the City
in collecting the storm drainage charges imposed by this
part and for direct and indirect overhead coats of the
City in performing any tasks, including, but not limited
to, calculation of the benefits received by properties
from the storm drainage system.
B. Aa used in this section, "direct costs" means
wages and salaries and costs of employee fringe benefits
incurred by the City, and mileage reimbursement attribut-
able to said collection activities. As used in this
section, "administrative costs" includes, but is not
limited to all coats for computer service, materials,
postage, supplies and equipment.
C. Notwithstanding subsections A and B, interest
on revenues in the storm drainage service charge fund
may be credited to the general fund of the City of
Cupertino or to any other fund in the discretion of the
City Council.
Section 3.36.180 - Refunds
Whenever any ref ands should become owing by virtue
of any relief granted by the City Council pursuant to
the provisions of Section 3.36.150 or by virtue of any
[CC.2/OS] 23
error made in ascertaining the charge applicable to any
premises, the Finance Director is authorized to make
such refunds and to expend for such purpose the moneys
in the storm drainage service charge fund. Notwithstand-
ing the provisions of Section 3.36.150, any claim for
refund for charges collected under Section 3.36.080 must
be made within one year after the date bills for taxes
are received by the owner. The City shall not be liable
for interest or any amount determined to be refundable.
Section 3.36.190 - Inspection of Premises Authorized
The Director of Public Works, the Finance Director
and their authorized representatives are hereby given
power and authority to enter upon and within any premi-
ses to ascertain the nature of such premiaesf to in-
spect, observe, and review the benefit received from the
storm drain system as may be allowed by law.
Section 3.36.200 - Payment of Delinquent Charges - City
Enforcement Powers
A. Notwithstanding other remedies, in the event
of the failure of any owner to pay when due any storm
drainage service charges applicable to premises owned by
such owner, the City may enforce payment of such delin-
quent charges by instituting action in any court of
competent jurisdiction to collect any charges which may
[CC.2/OS] 24
be due and payable in the same manner as any other debts
owing to the City may be collected.
B. Any and all delinquent payments may be placed
on the tax roll, and collected with property taxes, as
provided in Section 3.36.080.
C. Such other action may be taken as may be autho-
rized by law and by the City Council.
D. Remedies under this section are in addition to
and do not supersede or limit any and all other reme-
dies, civil and criminal.
Section 3.36.210 - Severability
If any section, subsection, subdivision, sentence,
clause, or phras~3 of this Chapter for any reason held to
be unconstitutional or otherwise void or invalid, by any
court of competent jurisdiction, the validity of the
remaining portion of this Chapter shall not be affected
thereby.
Section II
Judicial Action to Challenge This Ordinance
Any judicial action or proceeding to challenge,
review, set aside, void or annul this ordinance shall be
brought within 90 days from the date of its adoption.
Section III
Effective Date - Statement of Urgency
The City Council, by unanimous vote, finds and
[CC.2/OS] 25
determines that, for the immediate preservation of pub-
lic peace, health and safety, this ordinance shall be-
come effective immediately without further reading. The
facts which support this determination are as follows:
1) The 1987 Amendments to the Federal Clean Water
program together with related regulations, including
conditions imposed upon the cities NPDES permit consti-
tute both a Federal and State mandated program for the
protection of the environment and to prcv.'.de clean water
to residents of the Santa Clara Valley.
2) The estimated cost of meeting these require-
ments for the 1992-93 fiscal year is over $340,000 to be
paid by the City of Cupertino.
3) The City of Cupertino has insufficient funds
from its general fund to meet these requirements.
4) In order to collect the storm drainage service
charge imposed by this Chapter on the tax roll for the
1992/93 fiscal year, it is necessary that this Chapter
become effective prior to August 8, 1992.
5) Without this ordinance becoming effective be-
fore August 8, 1992, the City of Cupertino will be finan-
cially unable to meet its Federal and State mandates and
therefore protect the health of the public as it relates
to the control of storm waters within and without the
City.
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Section IV
Publication
The City Clerk shall cause this ordinance to be
published at least once in a newspaper of general circu-
lation published and circulated in the Cit~f ~aithin fif-
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~~`r..
teen (15) days after its passage, in accordance with
Section 36933 of the Government Code; shall certify to
the adoption of this ordinance and shall cause this
ordinance and her certification, together with proof of
publication, to be entered in the Book of Ordinances of
the Council of this City.
INTRODOCED at a regular meeting of the City
Council this 20th day of July , 1992, and ENACTED
at a regular meeting of the City Council this 20th daY
of July , 1992, by the following votes
Vote: Members of the City Councils
Ayes: Dean. Goldman, Koppel. Szabo, Sorensen
Noes: None
Absent: Nose
Abstains None
ATTE APPROVED:
~.~ a.e~- ~ ~,-
C yor, C ty o Cupert no _
[CC.2/OS] 27