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Sec. 78 -414 Stormwater Utility Fee Exemptions <br />The following land uses are exempt from stormwater utility fees: <br />a. Public Rights -of -Way and parks <br />b. Vacant lands with no impervious surface <br />c. Railroad Rights -of -Way <br />Sec. 78 -415 Stormwater Utility Adjustments <br />a) Impervious Surface Area Adjustments. The Community Operations <br />and Development Director, or designee, may adjust the impervious <br />surface acreage for parcels of land (other than single family, duplex, <br />and townhome residential parcels) based on a demonstration that <br />the impervious coverage of such parcel is substantially different <br />than the amount previously calculated. Supporting information, <br />including maps and measurements to justify an adjustment, shall be <br />supplied by the property owner. Administrative adjustments for <br />impervious surface calculation differences, shall be retroactive to <br />the month said deviation is brought to the attention of the city. <br />b) Other adjustments may be applied to parcels of land (other than <br />single family, duplex, and townhome residential parcels) which <br />demonstrate full control and treatment of stormwater on the <br />property. Site information, BMP maintenance records, and <br />hydrologic data must be supplied by the property owner(s) to <br />demonstrate that a fee adjustment is warranted. The maximum <br />reduction for properties demonstrating a property meets all <br />discharge requirements of the current city MS4 permit, without <br />overflows to a public system, shall be up to 30 percent. <br />Sec. 78 -416 Appeal of Stormwater Utility Fee <br />If a property owner or person responsible for paying a Stormwater Utility <br />Fee believes that a particular assigned fee is incorrect, such person may request <br />a recalculation. The City Council shall review and approve recalculations <br />following any appeal and their decision shall be final. <br />Sec. 78 -417 Payment of Fees <br />Statements for Stormwater Utility Fees shall be billed on a monthly basis. <br />All fees shall be subject to established procedures for determining and <br />collecting customer charges. <br />Sec. 78 -418 Late Payment Penalty <br />Each Stormwater Utility Fee billing not paid when due shall incur a penalty <br />charge of 10 percent of the amount past due. <br />3 <br />