Sec. 110-361. - Authority.

Pasco County is authorized by the Florida Constitution and the provisions of F.S. ch. 125, § 403.0893, § 197.3632, to construct, reconstruct, improve, and extend stormwater utility systems and to issue revenue bonds and other debts if needed to finance in whole or part the cost of the stormwater management system and to establish just and equitable rates, fees, and charges for the services and facilities provided by the stormwater management system.

(Ord. No. 07-18, § B(1), 8-21-07)

Sec. 110-362. - Findings and determinations.

It is hereby found, determined, and declared as follows:

(a)

Those elements of the stormwater management system which provide for the collection, treatment and disposal of stormwater are of benefit and provide services to all real property within the unincorporated areas of Pasco County, including property not presently served by certain other elements of the stormwater management system.

(b)

The costs of operating and maintaining the stormwater management system and financing necessary repairs, replacement, improvements, and extension thereof shall, to the extent practicable, be allocated in relationship to the benefits enjoyed and services received therefrom.

(c)

Bona fide agricultural parcels (DOR codes 50 to 69) benefit the overall stormwater program in the county with the implementation of onsite conservation related activities, preservation of open space and pollutant reduction activities, and in general, these benefits increase as parcel size increases.

(Ord. No. 07-18, § B(2), 8-21-07)

Sec. 110-363. - Definitions.

For the purpose of this article, the following definitions shall apply words used in the singular shall include the plural, and the plural, the singular; and words used in the present tense shall include the future tense. The word "shall" is mandatory and not discretionary. The word "may" is permissive. Words not defined herein shall be construed to have the meaning given by common and ordinary use as defined in the latest edition of Webster's Dictionary.

Bonds means revenue bonds, notes, loans or any other debt obligations issued or incurred to finance the costs of construction.

Costs of construction means costs reasonably incurred in connection with providing capital improvements to the stormwater management system or any portion thereof, including but not limited to the costs of:

(1)

Acquisition of all property, real or personal, and all interests in connection therewith including all rights-of-way and easements therefore;

(2)

Physical construction, installation and testing, including the costs of labor, services, materials, supplies and utility services used in connection therewith;

(3)

Architectural, engineering, legal and other professional services;

(4)

Insurance premiums taken out and maintained during construction, to the extent not paid for by a contractor, for construction and installation;

(5)

Any taxes or other charges which become due during construction;

(6)

Expenses incurred by Pasco County or on its behalf with its approval in seeking to enforce any remedy against any contractor or subcontractor in respect of any default under a contract relating to construction;

(7)

Principal of and interest of any bonds; and

(8)

Miscellaneous expenses incidental thereto.

Debt service means, with respect to any particular fiscal year and any particular series of bonds, an amount equal to the sum of (1) all interest payable on such bonds during such fiscal year, plus (2) any principal installments of such bonds during such fiscal year.

Developed property means real property which has been altered from its natural state by the addition of any improvements such as a building, structure, or impervious surface. For new construction, property shall be considered developed pursuant to this article:

(1)

Upon issuance of a certificate of occupancy, or upon completion of construction or final inspection if no such certificate is issued; or

(2)

If construction is at least 50 percent complete and construction is halted for a period of three months.

Director means Pasco County Administrator or his designee.

DOR code means Department of Revenue land use code as defined by subsection 12D-8.008(2)(c), Florida Administrative Code.

Dwelling unit means a single unit providing complete, independent living facilities for one or more persons including permanent provisions for living, sleeping, eating, cooking and sanitation.

Equivalent residential unit or ERU means the median impervious area of residential developed property per dwelling unit (excluding DOR codes 00 and 04) located within Pasco County and as established by board resolution as provided herein, and as may be amended from time to time.

ERU rate means a utility fee charged on each ERU as established by board resolution as provided herein, and as may be amended from time to time.

Extension and replacement means costs of extensions, additions and capital improvements to, or the renewal and replacement of capital assets of, or purchasing and installing new equipment for, the stormwater management system, or land acquisition for the stormwater management system and any related costs thereto, or paying extraordinary maintenance and repair, including the costs of construction, or any other expenses which are not costs of operation and maintenance or debt service.

Fiscal year means a 12-month period commencing on the first day of October of any year.

Impervious area means roofed and paved areas, including, but not limited to, areas covered by roofs, roof extensions, swimming pools, patios, porches, driveways, sidewalks, parking areas, graveled areas and athletic courts.

Nonresidential developed property means developed property that is classified by the property appraiser as land use types 03, 05, 06, 07, 08, 09, and 10 through 99 using the Florida Department of Revenue (DOR) Land Use Codes, as amended or supplemented.

Operating budget means the annual utility operating budget adopted by the board for the succeeding fiscal year.

Operations and maintenance means the current expenses, paid or accrued, of operation, maintenance and current repair of the stormwater management system, as calculated in accordance with sound accounting practice, and includes, without limiting the generality of the foregoing, insurance premiums, administrative expenses, labor, executive compensation, the cost of materials and supplies used for current operations, and charges for the accumulation of appropriate reserves for current expenses not annually incurred, but which are such as may reasonably be expected to be incurred in accordance with sound "accounting" practice.

Property appraiser means the office of the Pasco County Property Appraiser.

Rate resolution means the resolution adopted by the board establishing the ERU rate, and as may be amended from time to time.

Residential developed property means developed property that is classified by the property appraiser as land use types 00, 01, 02 and 04 (vacant residential, single-family, mobile homes, and condominiums) using the Florida Department of Revenue (DOR) Land Use Codes, Rule 12D-8.008(2)(c), Florida Administrative Code, as amended or supplemented.

Revenues mean all rates, fees, assessments, rentals or other charges, income or funds received by the utility, in connection with the management and operation of the stormwater management system, including amounts received from the investment or deposit of moneys in any fund or account and any amounts contributed by Pasco County, all as calculated in accordance with sound accounting practice.

Service area means all of the unincorporated areas of Pasco County.

Stormwater management system means the existing stormwater management system of Pasco County and all improvements thereto which by this article are constituted as the property and responsibility of the utility, to be operated from the revenues received as a special revenue fund to, among other things, conserve water, control discharges necessitated by rainfall events, incorporate methods to collect, convey, store, absorb, inhibit, treat, use or reuse water to prevent or reduce flooding, over-drainage, environmental degradation and water pollution or otherwise affect the quality and quantity of discharge from such system.

Undeveloped property means property which has less than 400 square feet of impervious area.

Utility fee means a utility fee authorized by Florida law and this article which is established to pay administration, planning, operations and maintenance, extension, improvement, construction and replacement and debt service for the stormwater management system.

Utility means the special revenue fund utility created by this article to operate, maintain and improve the stormwater management system.

(Ord. No. 07-18, § B(3), 8-21-07)

Sec. 110-364. - Establishment of utility.

(a)

The utility is hereby established by the board to provide for the general welfare of Pasco County and its residents.

(b)

The director shall be the Pasco County Administrator or his designee.

(Ord. No. 07-18, § B(4), 8-21-07)

Sec. 110-365. - Operating budget.

The board shall adopt an operating budget not later than the first day of each fiscal year. The operating budget shall set forth for such fiscal year the estimated revenues and the estimated costs for operation, improvement, construction and maintenance, extension and replacement and debt service of the stormwater management system.

(Ord. No. 07-18, § B(5), 8-21-07)

Sec. 110-366. - Required levels of rates for utility fees.

The board shall ensure that adequate revenues are received to provide for a balanced operating budget by at least annually setting an ERU rate that will generate sufficient levels of utility fees to limit the amount of funds from other sources, such as the general fund, which would otherwise be needed to meet system requirements. The board shall set the ERU rates by resolution, as may be amended from time to time.

(Ord. No. 07-18, § B(6), 8-21-07)

Sec. 110-367. - Imposition of utility fees and rate schedule.

The board hereby imposes utility fees on all nonexempt property within the service area.

(a)

Property classification. For purposes of determining the utility fee, all property within the service area shall be classified, into one of the following classes:

(1)

Residential developed property (DOR codes 00, 01, 02, and 04);

(2)

Nonresidential developed property (DOR codes 03, 05, 06, 07, 08, 09, 10 to 49, and 70 to 99);

(3)

Bona fide agricultural developed property (DOR codes 50 to 69); or,

(4)

Undeveloped property.

(b)

Computation of utility fee for residential developed property. The utility fee for residential developed property shall be based on the median amount of impervious surface on a single-family lot in the county, which is known as an "equivalent residential unit" or "ERU". The median amount of impervious surfaces on a single-family residential lot shall be defined by board resolution, as may be amended from time to time. The ERU rate for residential developed property shall be a flat rate of one ERU for all residential developed properties in the unincorporated area of Pasco County.

(c)

Computation of utility fee for nonresidential developed property. The utility fee for nonresidential developed property shall be the ERU rate multiplied by the numerical factor obtained by dividing the total impervious area of a nonresidential developed property by the amount of square footage of impervious area for one ERU. The minimum ERUs for any nonresidential developed property shall be equal to 1.0 ERU.

(d)

Computation of utility fee for bona fide agricultural developed property. The utility fee for agricultural developed property shall be the ERU rate multiplied by the numerical factor obtained by dividing the total impervious area of an agricultural developed property by the amount of square footage of impervious area for one ERU. The minimum ERUs for any agricultural developed property shall be equal to 1.0 ERU and the maximum ERUs shall not exceed 1.2 ERUs.

(e)

Rate structure and level of service. Notwithstanding the foregoing, it is specifically authorized that if the board, when setting the annual utility fee rates, determines that any portion of the service area receives a distinct special benefit from any component of stormwater management system improvements that is different in kind or degree from the special benefit received by other portions of the service area, the improvement cost related to such component may be assessed against the portion of the service area receiving the distinct special benefit. Additionally, prior to adopting the rate resolution in calendar year 2010, the board shall evaluate the level of funding for capital improvements and other program components and whether to allocate capital improvement costs on a subarea or basin specific basis.

(Ord. No. 07-18, § B(7), 8-21-07)

Sec. 110-368. - Exemptions and credits.

(a)

Exemptions. The following areas on developed property will not be counted as part of the impervious areas of the developed property:

(1)

Railroads;

(2)

Public roads (including federal, state, county and city);

(3)

Public airport taxiways and runways; and

(4)

Open water.

(b)

Exempt property. Undeveloped property is exempt from the stormwater utility fee.

(c)

Credits. The county recognizes that some developed properties subject to the utility fee have constructed and currently operate and maintain stormwater facilities that can reduce stormwater runoff impacts from the subject property and reduce the burden on the county to maintain operate and provide capital improvements to the stormwater management system. Additionally, the county recognizes that some property owners may wish to mitigate the stormwater utility fee by constructing and maintaining a stormwater facility that will reduce the impact of the subject property. The credit granted to the utility customer shall be as defined by the "Stormwater Assessment Policies and Procedures Manual" adopted by board resolution, as may be amended from time to time, and which is incorporated herein by reference.

(Ord. No. 07-18, § B(8), 8-21-07)

Sec. 110-369. - Billing and payment, penalties.

(a)

The board held a duly noticed public hearing on December 19, 2006, and adopted Resolution No. 07-78 giving notice of its intent to utilize the uniform method of collection and to place the utility fee on the tax bill as a non-ad valorem assessment pursuant to F.S. § 197.3632.

(b)

The board does hereby determine that the best interests of the citizens of Pasco County would be served by placing the utility fee on the tax bill, and the board shall hold a public hearing between June 1 and September 15, of each year, to adopt a non-ad valorem assessment roll as required and provided by F.S. § 197.3632(4), and give all statutory notices for the hearing. The board shall adopt a rate resolution setting the ERU rate prior to adopting the non-ad valorem assessment roll. The rate resolution may be considered at the same public hearing set to adopt the roll.

(c)

The collection of the utility fee shall be subject to all collection provisions as a non-ad valorem special assessment as set forth in F.S. ch. 197, including provisions relating to discount for early payment, prepayment by installment method, deferred payment, penalty for delinquent payment, and issuance and sale of tax certificates and tax deeds for nonpayment, as provided by law. The utility fee may become a lien against homesteads, as well as other property, as provided in Section 4, Article X, Florida Constitution.

(d)

In the event the board determines to no longer place the utility fee on the tax bill it shall establish an alternative method of collection.

(Ord. No. 07-18, § B(9), 8-21-07)

Sec. 110-370. - Government property.

(a)

For stormwater utility fees imposed against government property, the county shall provide stormwater utility bills by first class mail to the owner of each affected parcel of government property. The bill or accompanying explanatory material shall include:

(1)

A brief explanation of the stormwater fee;

(2)

A description of the ERU rate used to determine the amount of the stormwater fee;

(3)

The number of ERUs contained within the parcel;

(4)

The total amount of the parcel's stormwater fee for the appropriate period;

(5)

The location at which payment will be accepted; and

(6)

The date on which the stormwater fee is due.

(b)

Stormwater fees imposed against governmental property shall be due on the same date as all other stormwater fees and, if applicable, shall be subject to the same discounts for early payment.

(c)

A stormwater fee shall become delinquent if it is not paid within 30 days from the date any installment is due. The county shall notify the owner of any government property that is delinquent in payment of its stormwater fee within 60 days from the date such fee was due. Such notice shall state in effect that the county will initiate a mandamus or other appropriate judicial action to compel payment.

(d)

All costs, fees and expenses, including reasonable attorneys' fees and title search expenses, related to any mandamus or other action as described herein shall be included in any judgment or decree rendered therein. All delinquent owners of government property against which a mandamus or other appropriate action is filed shall be liable for an apportioned amount of reasonable costs and expenses incurred by the county, including reasonable attorney's fees, in collection of such delinquent stormwater fees, and any other costs incurred by the county as a result of such delinquent stormwater fees, including, but not limited to, costs paid for draws on a credit facility, and the same shall be collectible as a part of, or in addition to, the costs of the action.

(e)

As an alternative to the foregoing, a stormwater fee imposed against government property may be collected on the bill for any utility service provided to such governmental property. The board may contract for such billing services with any utility not owned by the county.

(Ord. No. 07-18, § B(10), 8-21-07)

Sec. 110-371. - Adjustment of fees.

(a)

Adjustments shall not be available for residential property because all such property shall be charged a flat rate fee, which is not based on the amount of impervious area for a particular parcel. For nonresidential property, requests by owners of real property for adjustment of the utility fee shall be submitted to the director, who is hereby authorized to develop and administer the procedures and standards for the adjustment of fees as established herein. All requests shall be judged on the basis of the amount of impervious area on the site. No credit shall be given for the installation of facilities required by Pasco County development codes or state stormwater rules. The following procedures shall apply to all adjustment requests of the utility fee:

(1)

Any owner who has paid his utility fee and who believes his utility fee to be incorrect may, subject to the limitations set forth in this article, submit an adjustment request to the director.

(2)

Adjustment requests for utility fees paid by an owner must be in writing and shall set forth, in detail, the grounds upon which relief is sought.

(3)

Adjustment requests must be made within 60 days after opening of the tax roll for collection and each request shall be initially be reviewed by the director within a four-month period from the date of filing of the adjustment request. Adjustments resulting from such request shall be retroactive to the beginning of the fiscal year in which the owner is requesting an adjustment.

(4)

The owner requesting the adjustment may be required, at his own cost, to provide supplemental information to the director including, but not limited to, survey data approved by either a registered professional land surveyor (R.P.L.S.) and engineering reports approved by a professional engineer (P.E.). Failure to provide such information may result in the denial of the adjustment request.

(5)

Adjustments to the utility fee will be made upon the granting of the adjustment request in writing by the director. Denials of adjustment requests shall be made in writing by the director.

(b)

Consideration by the director of the owner's request for adjustment shall not relieve the owner of the obligation to make timely payment of the utility fee. In the event an adjustment is granted by the director which decreased the utility fee, the owner shall be entitled to a credit or refund as applicable of excess utility fees paid.

(c)

Upon receipt of the written denial of the adjustment request, the owner who initially requested the adjustment may, within 30 days of receipt of such denial, appeal to the board for review of the denial.

(1)

The board shall complete their review within 45 days of receipt of the request for review. The board's determination on the review shall be in writing and set forth in detail the reasons for their decision.

(2)

In reviewing denials of adjustment requests, the board shall apply the standards and review criteria contained in this article.

(d)

Any errors in the utility fee or failure to charge a utility fee may be corrected by the director within 60 days after opening of the tax roll for collection. Corrections which result in an increase in the utility fee cannot be imposed until the owner has consented in writing to the increase or has been given at least ten days' notice by certified mail and an opportunity to be heard by the board. Once the utility fee is finalized, the director shall send documentation reflecting the adjustment to the owner and the documentation will also be sent to the tax collector.

(e)

Any errors in the utility fee due to errors or corrections in the property appraiser's data found after 12 months or less from the date after opening of the tax roll for collection shall be corrected by the director within 60 days of notice from the property appraiser and the director shall send documentation reflecting the adjustment to the owner and the tax collector. If the error results in an over-assessment of the utility fee, then the over-assessment will be credited or refunded (as applicable) for the period from the previous tax certificate. If the error results in an under-assessment of the utility fee, the corrected fee will be assessed starting from the subsequent non-ad valorem assessment roll.

(Ord. No. 07-18, § B(11), 8-21-07)

Sec. 110-372. - Stormwater management utility fund.

There shall be established a utility fund for the deposit of all fees and charges collected by the utility. These funds shall be for the exclusive use of the utility, including but not limited to the following:

(a)

Administrative costs associated with the management of the utility.

(b)

Planning and engineering.

(c)

Operation and maintenance of the stormwater management system.

(d)

Funding of pollution abatement devices constructed on stormwater systems discharging to the surface waters of Pasco County.

(e)

Debt service financing.

(f)

Extension and replacement costs.

(g)

Construction of flood control and water quality projects.

(Ord. No. 07-18, § B(12), 8-21-07)

Sec. 110-373. - Liens of stormwater fees.

Upon adoption of the annual stormwater rate resolution for each fiscal year, stormwater fees to be collected under the uniform method of collection of F.S. § 197.3632 shall constitute a lien against assessed property equal in rank and dignity with the liens of all state, county, district or municipal taxes and other non-ad valorem assessments. Except as otherwise provided by law, such lien shall be superior in dignity to all other prior liens, titles and claims, until paid. The lien shall be deemed perfected upon adoption by the board of the annual stormwater rate resolution and shall attach to the property included on the stormwater roll as of the prior January 1, the lien date for ad valorem taxes.

(Ord. No. 07-18, § B(13), 8-21-07)