The text
9-3a-1 - Storm Water Official.#
The Storm Water Official shall be responsible for ensuring and performing, or causing to be done, all proper documentation, management, maintenance, repairs, inspections, enforcement, mapping and approving connections in regards to the City's storm drainage system. The Storm Water Official, or their designee, shall: 1.
Have police powers relating to enforcement of code, rules and regulations, and shall have power to order all work stopped on construction or activities when such work is being done in violation of any provision of any ordinance relating thereto, or in violation of City ordinances, permit requirements or State storm water laws or regulations. Such order shall be in writing and should indicate the violation, the authority of the Storm Water Official, and be posted in a conspicuous location on the work site. It is unlawful for any person to continue to work on any project so posted or for any person to remove, without the consent of the Storm Water Official, any stop work order from any work site. Work shall not be resumed after the issuance of such order except by written permission from the Storm Water Official.
2.
Have the power to draw on the performance deposit to cause violations to be resolved. A stop work order may be issued if the deposit amount is depleted, and work shall not resume until the deposit amount is replenished in full.
3.
Have the power to enter onto any project site where ground is being disturbed, for the purpose of making routine inspections at any reasonable hour. In the case of an emergency, the Storm Water Official may inspect the site at any time. The Storm Water Official's entry powers shall include the right to enter upon all public and private properties to inspect all facilities that relate to storm water.
(Ord. 21-12-01, 12/2/2021)
9-3a-2 - Powers and Duties.#
It shall be the duty of the Public Works Superintendent to supervise, manage, operate and maintain the City's storm drainage system in accordance with the provisions of the City ordinances and the rules and regulations. It shall be the duty of the Superintendent to authorize all connections to the City's storm drainage system, to keep suitable maps and records of the system and of all connections, repairs and extensions made to the system.The Superintendent shall supervise the maintenance of the storm drainage system and any extensions or repairs thereof, inspect all connections made to the system and shall make periodic inspections of the system and keep a record showing when each part of the system was inspected. The Superintendent shall, upon request, report to the City Council the condition of the storm drainage system and shall furnish such information regarding the same as the City Manager may from time to time require. The Public Works Superintendent may employ, subject to the approval of the City Manager, such help as shall be necessary to carry out the duties prescribed by the City ordinances and by the rules and regulations adopted by the City.
(Ord. 21-07-03, 7/15/2021)
9-3a-3 - Connections and Extensions.#
No connection shall be made to the storm drainage system and no extension shall be made until a permit has been issued by the Public Works Superintendent. Applications for connections or extensions must be in writing and must be accompanied by a plan showing its size, location, construction, and facilities to be served.
9-3a-4 - Destruction or Interference with System.#
It shall be unlawful for any person to destroy, modify, relocate, deface, injure, interfere with, or fail to maintain the operation of any part, pipe, fixture, or appurtenance of the storm drainage system in any way that impairs the function of the system, or has a detrimental impact on that or other infrastructure or real property. The City Engineer shall determine impairments or impacts and shall have the authority to require removal or remediation.
(Ord. 25-06-03, § 9, 6/19/2025)
9-3a-5 - Storm Drain Utility.#
1.
There is hereby created and established a storm drain utility as part of the City overall storm drainage system. The storm drain utility shall oversee the planning, design, construction, maintenance, and operation of the City storm drainage system.
2.
There is hereby established a storm drain utility enterprise fund to handle all income, expenses and other financial transactions related to the storm drain utility. All storm drain utility service charges shall be deposited in the enterprise fund. Money in the storm drain utility enterprise fund may pay other City funds for services and expenses directly attributable to the storm drain utility. The enterprise fund shall be operated according to State law and City policy.
3.
The storm drain utility shall operate independently of City operations funded by the general fund. The storm drain utility shall have the same relationship to the City as other city utilities, such as the sewer utility and the culinary water utility. Upon creation of the utility, all of the City storm water facilities and assets (other than streets and other facilities and assets designated by the City Council) shall be transferred to the storm drain utility in consideration for the storm drain utility assuming primary responsibility for planning, designing, constructing, maintaining, administering and operating the City storm drainage system.
(Ord. 25-06-03, § 10, 6/19/2025)
9-3a-6 - Storm Drain Utility Fee.#
1.
Each developed parcel of real property in the City shall be charged a storm drain utility fee.
2.
The fee shall be based on the number of equivalent residential units (ERUs) contained in the parcel. The City finds that the ERU is the most accurate measurement for determining the amount that each parcel contributes to, benefits from, and otherwise uses the storm drain utility. Based on engineering studies completed in the Davis County area, the City finds and establishes that one (1) ERU equals four thousand (4,000) square feet of impervious surface area.
3.
The City finds that each single-family residential parcel contributes approximately the same amount of storm water runoff rate as one (1) ERU. All non single-family residential parcels shall pay a multiple of this base rate, expressed in ERUs according to the measured impervious area on the parcel. The City may adopt separate rates for condominiums and other uses that are not easily handled under the standard rate schedule.
4.
The amount charged for each ERU shall be established by resolution of the City Council. The City Council may establish exemptions and credits to the storm drain utility fee by resolution.
5.
Any person or entity that believes an error was made in interpretation or application of this Chapter or any storm drain utility rate resolution may appeal to the Director of Finance ("Director"). The appeal shall be in writing, shall state any facts supporting the appeal, and shall be made within twenty (20) days of the decision, action or bill being appealed. The Director may elect to hold a hearing on the appeal. The Director shall decide the appeal within twenty (20) days of when the appeal is filed. If the person or entity is not satisfied with the Director's decision, a further appeal may be made to the administrative law judge in accordance with KCC Title 2, Chapter 8.
(Ord. 26-09-02, § III, 9/3/2026)
9-3a-7 - Billing.#
The City Council finds that the City storm drainage system, sanitary sewer system, culinary water system, solid waste collection system and electrical system are interrelated services that are part of a unified city plan to provide for the health, safety and welfare of the City and its residents. In the regular utility bill for the property, the storm drain utility fee shall be charged to the user of the property. The fee shall be deemed a civil debt owed to the City by the person or entity paying for the City utility services provided to the property. All properties shall be charged the fee, regardless of whether or not the owner or occupant of the property requests the storm drain utility service. Failure to pay any portion of the utility bill may result in termination of utility service.