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HomeMy WebLinkAboutOrdinance No. 19939ORDINANCE N0. 19939 AN ORDINANCE REGARDING WASTEWATER AND STORMWATER SYSTEMS; AMENDING AND RENUMBERING SECTIONS 1.015, 6.405, 1.020, 1.023, 1.025, 1.035, 1.040, 7.045, 1.050, 1.010, 1.030, 6.010, 1.055, 1.050, AND 1.065 C~F THE EUGENE CODE, 1971, TO 6.401,. 6.406, 6.4311, 6.416, 6.421, 6.426, 6.431, 6.436, 6.441, 6.446, 5.456, 6.411, 6.416, 6.481, AND 5.610 RESPECTIVELY; ADDING NEW SECTIONS 6.451, 6,461, 5.600, AND 5.645 TO THAT CODE; AMENDING SECTION 1.,010OF THAT CODE; RENUMBERING ~`.~~~ SECTIONS 6.500, 6.505, 6.510, 6.515, 6.511, 6.519, 6.521, 6.523, 6.525, AND 6.521 OF THE EUGENE CDDE, 1911 TO 6.800, 6.805, 6.810, 6.815, 6.820, 6.825, 6.830, 6.835, 6.840, AND 6.845 RESPECTIVELY; AND RENUMBERING SECTIONS 6.400, 6.405, 6.410, 6.415, 6.425, 6.421, 6.430, 6.432, 6.434, 6.435, 6.440, 6.445, 6.450, 6.455, 6.460, 5.462, 6.463, 6.464, AND 6.465 OF THE EUGENE CODE, 1911, TO 6.501, fi .506, 6.511, 5.51 fi, 6.521, 6.526, 6.531, 6.536, 5.541, 6.546, 6.551, 6.556, 6.561, 6.566, 6.511, 6.516, 6.581, 6.586, 6.591, AND 6.596 RESPECTIVELY. FINDINGS: A. Historically the City's storm drainage faci 1 i ti es were designed solely to control floods. Because of community concerns and federal government mandates, the Council has declared clean water to be a high priority for the community. To, accampl ish .this goal it becomes necessary for the City t0 design ~ is storm dray Wage face 1 ~ t~ es for water quality and preservation of natural resources ~n add~t~an to the traditional flood control function. B. In the past, starmwater management practices in Eugene have nat been integrated with natural resource pot i cy. Whi 1 e 1 ocal starmwater management practices were guided by federal flood cantrol policy, local policies protecting natural resources were adopted independent of the federal pot i ci es . C. Now natural resource pvl i ties are being strengthened at the federal , state and 1 oval 1 evel s which affect starmwater. These policies require the City of Eugene to regulate the quality of municipal starmwater runoff. This will necessitate the integration of federal , state and i oca1 policies for f 1 ood control and natural resource protection. To accomplish this integration the Council ,has developed a Comprehensive starmwater Management Plan, the findings and pal ~ c ~ es of wh ~ ch support the enactment of this ordinance. D. To implement these federal , state and 1 ocal pal i ci es and requirements it is necessary for the City to increase its revenue. Historically the City of Eugene has used revenue from its sewer user charge to construct and maintain both sanitary and storm sewer facilities. This revenue came from sewer user charges generally based upon water consumption and/or water meter size. E. With the refinement of starmwater management practices, with the separation of wastewater services f ram starmwater services and with the integration of regulations i n several chapters of the Eugene Code, 1911, i t i s appropriate to be mare precise i n the wording of the Code, therefore h i stori c Ordinance - 1 terms 1 i steel below are replaced i n this ordinance as indicated below: Historic term Repl a,~,, ntt,,,erm drainage stormwater sanitary sewer wastewater system sewage wastewater sewer service stormwater service and wastewater service storm sewer stormwater system F. ~t is more equitable if the charges for stormwater service are calculated i n a manner that reflects the use of the stor~ater service. The presence of impervious surface on property i s a reasonabl a indicator of the amount of water that may be discharged into the city stormwater system and, therefore, i s a reasonabl a basis upon which to determine the charge for stormwater service, G. The Council desires that those who use stormwater service pay for the service. Those who dispose of stormwater without using the city stormwater system should not have to pay for stormwater service. H. The City provides a valuable public service by providing stormwater systems for the cal l ect~ on and d~ sposal of stormwater discharged from properties within and without the city and from the public rights-of -way within the city. The city stormwater system con st i tutes a publ i c ut i 1 i ty owned and operated by the City of Eugene. The ut~1 qty exists for the benefit of any person within the city who wants to have the system oval 1 abl a for the diversion, col 1 ectivn and di sposal of stormwater from the person's premises and represents a muni ci pal service i n a level oped urban envy ronment which i s essential to the public health, safety and welfare. I. Developers, owners, or occupants of property who use stormwater service ought to be charged rates that reflect the operation of the city stormwater system as a publ i c uti 1 i ty. Developers, owners, or occupants of property ought not be compelled to use this uti 1 i ty, nor to pay monthly uti 1 i ty rates, i f the uti 1 i ty i s not to be used by the person, Developers, owners, or occupants of property who undertake the installation of foci 1 i ti es on real property that reduce or eliminate the discharge of stormwater into the city stormwater system ought to be given credit, i n prapart i on to the degree of reduction or elimination, against stormwater service charges that would otherwise be due. J . Accordingly, the structure of the stormwater ut i 1 i ty i s intended to be a fee far service and not a charge against property. Although this structure i s intended to contt i tute a servi ce charge, even i f i t i s viewed as a char e 9 agar nst property or agar nst a property owner as a d~ rect consequence of ownershi p of that property, the ut i 1 i ty's rate structure should nanethel ess allow the owner to have the ability to control the amount of the charge. Similarly, the uti 1 i ty's rate structure shoul d refl ect the actual costs of providing the service and not impose charges on persons not receiving a service. The actual costs may include al 1 costs the uti 1 i ty might incur were i t i n private ownership. k. Improperly drained property and poorly maintained drainage courses Ordinance - 2 ,~ f contribute to the degradation of water quality, to flooding hazards and to property damage. stormwater discharged into public ways, if not properly managed, wi 11 cause damage to public ways and creates hazards for the travelling public. Therefore, the proper disposal of stormwater is an obl igatian that the occupants of property have and, within an urban environment, i s an obligation of those who occupy property ar engage i n activity upon real property that directly Or ~ nd~ rectly d~ scharges stormwater into the city stormwater system, L. Persons using other public utility services including, but not 1 i mi ted to water used for irrigating 1 awns and gardens, washing structures, sidewalks and parking 1 ots, general 1 y use property i n ways which result i n the discharge of stormwater into the city stormwater system. These uses of property demonstrate a substantial relationship between customers' use of public utility services and their use of the stormwater service. M, Significant portions of the total impervious surfaces of the commune ty are ~ n the publ ~ c streets and highways . Wh i 1 e part of these improvements are used as the city stormwater system, the surfaces used as travelled ways for motor vehicles, bicycles and pedestrians represent 21l of the impervious surfaces within the City. These travelled impervious surfaces are necessary for the safe operation of motor vehicles and i n order to perform thei r function safely must have stormwater, residues of oil and rubber, and debris removed from them. In order to remove the stormwater the City has constructed and must maintain city stormwater system of adequate size and location to foci 1 i tote the stormwater removal or to segregate the travelled way from open drainageways. N. Because the impervious surface of the travelled way i s used by motor vehicles, to the degree legally possible it is more equitable to have public revenue dedicated far motor vehicle facilities and maintenance bear the cost of removing the stormwater from such surfaces than to have that cost borne by the other customers of stormwater services . THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS: Section ~ . The above Findings are hereby adopted. Section 2, Sections 7.015, 6.405, 1.00, 1.03, 1.OZ5, 1.035, 7.040, 1.045, 7.050, 7.010, 7.030, 6.010, 1.055, 1.060 of the Eugene Code, 1911 are hereby amended and renumbered to 6.401, 6.406, 6.411, 6.416, 6.421, 6.426, 6.431, 6.436, 6.441, 6.446, fi.466, 6.411, 6.416, and 6.481 respectively, and a new section 6.451 is hereby added to the Eugene Code, 1911, to provide: Sewers e S stems 6.401 lntenti on to Operate Sewerage,,,,,,,,5,ystems. The council hereby declares _..~,.~, its intention by cont~ract~ll ar otherwise, to ac ui re, own construct q s ~ reconstruct, equ~ p, operate and maintain within and without the city 1 imi is Ordinance - 3 complete stormwater and wastewater systems. fi.40fi Definitions. For. purposes of sections fi,401 through fi.61o, unless the context requires otherwise words and phrases shall have the meaning ascribed to them. In interpreting the meaning of words i n a def i ni ti on, other def ~ n~ t~ ons of that word ~ n this Cade may be considered: BOD~ Biochemical ox en demand . The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard 1 aboratory procedure i n five days at ZO degrees Celsius expressed ~n mi1l~grams per ]iter. Ci t Mana er. The city manager of the City of Eugene, or the city manager's designee. City sewer. The stormwater and wastewater systems of the city of Eugene . ITh i s includes, but i s nat limited to, facilities owned by other public agencies to the extent the city i s contractual 1 y obl ~ gated . City starmwater,,,,,,system. Those stormwater facilities located on city-owned property, city right-of -way, city easements and an Y stvrmwater f acs 1 i ty the c~ ty ~ s ,contractually or 1 ega11 y ob1 ~ gated to operate and may nta~ n, ~ ncl udi ng but not 1 imi ted to: ~a} An open drai nageway servi ng a drai Wage basin of at 1 east 100 acres which has been accepted by the city; ~ b} A pi pe or sewer and its related appurtenances wh ~ ch cam es stormwater and have been designed and constructed expressly for use by the general public and accepted by the city; ~c} Streets, curbs and gutters and other surfaces in the public way which are designed to carry stormwater, roadside drainage ditches along unimproved city streets but not access drive culverts; and ~d} ~ Flood control and stormwater quality facilities levees, dikes, overflow channels, detention basins, retention basins, dams, pump stations, groundwater recharging basins, wetlands, etc. } that have been designed and constructed expressly for use by the general public and accepted by the city. C ty„ wastewaters tem. A treatment works as defined by section 21 Z of the Act as defined i n section fi . 50fi of this code . This definition includes any publicly owned sewer that conveys wastewater to the treatment plant, whether or not a part of the regional sewerage facilities as defined i n the Intergovernmental Agreement executed by the cities of Eugene and Springfield and Lane County as of Jul y~ 1, 1991 ~ I ntergovernmental Agreement } , but does not ~ ncl ude the c ~ ty stormwater system. Customer. Any person respansi bl a who i s authorized to request sewer service, or who i s receiving sewer service from the city, or who i s responsible for the payment of the charge for sewer service. Develo ment. Any man-made change to improved or unimproved real property ~ ncl ud ~ ng but not 1 i mi ted to bu i 1 d i ngs or other structures, mining ; dredging, f i 11 i ng, grading, paving, excavation or dr~li Ong operations. Ordinance - 4 Duplex. A building under single ownership which is designed or used exclusively for the occupancy of two families 1 i vi ng independently of each ,other and having separate housekeeping fac~l~t~es for each family. Dwell _i ng,,,, unit . A f ac i 1 i ty designed far permanent or semi - permanent occupancy by a single family and provided with minimum kitchen, sleeping and sanitary facilities, E uivalent service unit or ESU. A co~non measure of impervious surface which i s 1, 000 square feet and which i s used as the basis for calculating the stormwater service charge for a customer. General stormwater customer. Any person respansi bl a who uses stormwater service except a customer with smal 1 residential property or medium residential property. General wastewater customer. ~ For the regional wastewater treatment service portion of wastewater service charge}; ~a} Low s,t,re th,. A customer with combined BOD and SS 1 oadi ngs equal to or 1 ess than 40o mi 11 i grams er 1 i ter p ~mg/1 } . These 1 ow strength 1 oadi ngs are type cal of domest~ c wastewater 1 oadi ngs . fib} Medium stre~cn th. A customer with combined 64D and SS strengths greater than 400 mg/1 but not greater than 800 mg/1. These medium strength 1 oadi ngs are typical of : grocery stores, hotels and motels, commercial laundries and theaters. ~c} Hi h stren th. A customer with a combined BDD and SS wastewater strength of greater than 800 mg/1. These high strength 1 oad i ngs are typical of : restaurants and bakeries . Imperv o,us surface. Any hard surface area which causes water to run of f the surf ace i n greater quantities or at an increased rate of fl vw from conditions pre-existing to deve1 opment. Common impervious surfaces include, but are not limited to, rooftops, walkways, driveways, parking 1 ots or concrete or asphalt surfaces. Improved premises. Any area which the city manager determines has been altered such that the runoff from the site i s greater than that which could historically have been expected . "Improved premises" includes all impervious surfaces in public ways that are not part of the city stormwater system. Industrial stren th. Any user wi th a combi ned BOD and SS strength greater than 800 mg/1 and who is engaged in manufacturing and processing activities . Such users may be required to pay a surcharge for waste 1 oadi ngs i n excess of X00 mg/1 for both BDD and SS. I n ustr i al waste ar t.,,,,, _ „~,,,,,.,, ,._ ,,,,,,,.,,,, rode waste. liquid wastes from industrial processes including suspended solids. Mabi 1 e waste hauler. A person who, by contract or otherwise, cal 1 ects wastewater, including domesti c waste and septage waste, for transportation to and discharge into any portion of the city wastewater system. "Domestic waste" and "septage waste" as used herein have the meaning found i n section 6.506. 4 en drai na ewa . A natural or man-made course, ditch or channel which has the specific function of transmitting stormwater from a point of higher elevation to a point of lower elevation. Ordinance • 5 ~w~r. The fee owner of 1 and including the contract purchaser of such land. Person res ons i bl e. The owner, agent, occupant, 1 essee, tenant, contract purchaser or other person having possession or control of property or the supervision of a construct i on project on the property. ,~H. The 1 agari thm of the reciprocal of the weight of hydrogen ~ ons ~ n grams per 1 ~ ter of solution . Regional wastewater treatment,,,„service. The service s provided to the city by the Metropolitan Wastewater Commission or its successor for the transportation, treatment and disposal of wastewater. Res i dent,„a],_„prop,ert : ,W,,,,med i um. Property developed only with a s i ng1 e f ami 1 y dwel 1 i ng wi th a f oot print of more than 1, 000 square feet but less than 3, 000 square feet ~ i ncl udi ng garage} . Property developed only wi th a dupl ex wi th a total foot print of more than 2, 000 square feet but less than fi, 000 square feet ~ i ncl udi ng garages}} shall be treated as two medium residential properties. Residential ro ert : small. Property developed only with a single family dwelling wi th a foot print of 1, 000 square feet or less including a garage}. Property developed only with a duplex wi th a total foot print of 2, o0o square feet or less ~ i ncl udi ng garage ~ s } } shat 1 be treated as two smal 1 residential properties . Retent ,on, system, A stormwater f aci 1 i ty which the city engineer has determined does not discharge or substantially reduces the discharge, into the city stormwater system. Runoff control . Any measure or facility approved by the city engineer by which stormwater runof f from land surf aces on which development exists is reduced. Sewer. A pipe or a conduit for carrying wastewater ar stormwater. Sewer service. Includes wastewater service, stormwater service and regional wastewater treatment service, Or any of them. ,S,ewerage,,,,,,,,,,,,s~~tem. The equipment, pipe 1 ine network and foci 1 i ti es as are needed for and are pertinent to the col 1 ecti on, transmission, treatment retention and disposal of wastewater or stormwater. Sin le famil dwellin . A building designed or used for the occupancy of one family, with housekeeping facilities far only one family. This ~nc1udes each family dwelling in separate ownership even though i t i s attached by a common wall to one or more s i ng1 e family dwell ~ngs at the property 1 ine of an adjoining lat. stormwater. stormwater runoff, snow melt runoff, and surface runoff and drainage. stormwater facilities. Any structure or configuration of the ground that i s used or by its 1 ocati on becomes a pl ace where stormwater f 1 ows or i s accumulated including but not limited to pipes, sewers, curbs, gutters, manholes, catch basins, ponds, open drai nageways, runoff control foci 1 i ti es, wets ands and thei r appurtenances. Stormwater service. The use of the city's stormwater system including, but not 1 i mi ted to, toll ect i on of stormwater discharged Ordinance - fi from property on which development exists and its deposit directly or ~nd~rectly into the city stormwater system. stormwater sewer. A sewer which carries stormwater into which wastewater i s not intentionally admitted. Sus ended solids or SS. Sol ids that either float on the surface or are suspended i n water, wastewater or other 1 i qui ds and which are removable by 1 abaratory f i 1 teri ng . Transient rooms motels hotels and student uarters. A bui 1 di ng or portion thereof containing four or more sleeping rooms customarily occupied as a more or 1 ess temporary s1 eepi ng place for persons for which compensation i s paid. "Student quarters" include but are not 1 i mi ted to quad or quint dwellings as defined i n section 9.015 of this code whether or not the unit i s occupied by students . Wastewater. Water-carried human, animal or industrial waste together with such stormwater as may be present. Wastewater service. The use of the city wastewater system i nc1 ud i ng, but not 1 i mi ted to, collecting of wastewater discharged from property and its deposit directly or indirectly into the city wastewater system, or havi ng a wastewater sewer avai 1 abl a as provided in section fi.010 of this code and failing to connect thereto within the time prescribed. Wastewater sewer. A sewer which carries wastewater, into which stormwater is not intentionally admitted. Water user. Except for public water districts that purchase water at but k rates, the owner, occupant, or other person authori Zed to request services or responsible for the payment therefor of any property or fac i 1 i ty inside ar outside the city using water d i rect1 y or indirectly provided by the Eugene Water & El ectri c Board or by another water utility or district. fi.411 Ratemaki np, ~ 1 } Ratemaki n rocedure. ~ a} Investi ati on of ro osed char es. Before proposing to impose or amend a charge far wastewater service, stormwater service or for regi anal wastewater treatment service, the city manager shat 1 conduct an investigation of the revenue needs of the city i n conducting these operations. Based on that investigation, and using the cri tern a set out ~ n subsection fi.411 ~2} , the city manager shat 1 develop proposed charges for these services . fib} Notice. Prior to the imposition of any charge for wastewater serve ce, stormwater service or regional wastewater treatment service, the city manager shall give notice of the proposed rate or charge by: 1. Making copies of the notice of intended charges avai 1 abl a to the news media, to any person who has requested such notice, to the mayor and city counci 1 ors, and to interested governmental agencies ~ i ncl udi ng the United States Environmental Protection Agency, the Department of Environmental Quality, the Metropolitan Wastewater Management Commission, and the,Eugene Water & Electric Board}. 2. Publ ~ shi ng notice of intended charges on two Ordinance - 1 separate occasions i n a newspaper of general circulation w~th~n the city. 3 . Posting the notice at two 1 ocati ons at city hall . ~c} Contents of notice. The notice of intended charges shall state the current and proposed charge, the results of the city manager's investigation, and the time, place and manner i n which interested persons may present their views on the intended action. ~d} Public heari n and o ortuni t to comment. No earlier than ten days after the first publication of notice of the intended charges, the city manager or the manager's designee shall canduct a publ ~ c hearing on the proposed charge. The city manager shall give interested persons reasonable opportunity to submi t data or views i n writing on the proposed charge. ~ e } Decision . The city manager, on the basis of his or her investigation and the corr~ents of interested persons, shall approve, modify, or disallow the propased charge by order. The order shall contain written findings and conclusions based on the standards set forth in subsection fi.411~2}. The city manager shall mail copies of the decision to all persons who have submitted written or oral comments on the charge or who have requested a copy of the decision. The city manager shall a1 so promptly deliver copies of the decision to the mayor and city counci 1 ors . Unless reviewed by the council , the dec i s i an i s final on the eleventh day after i t i s rendered. ~ f } Review of decision . At the request of the city manager or a ma jori ty of the members of the counci 1, made within ten days of the city manager's decision, the decision, or any part thereof , shall be reviewed by the council. The council may canduct a public hearing on the proposed charge or review the order solely on the basis of the adm~ n~ strati ve record before the city manager. After this review, the counci 1 shall approve, modify or disallow the propased charge by order. The order shall contain written findings and concl us ~ ons based on the standards set forth i n subsection 6.411 ~2} , and shat 1 be mai 1 ed to all interested persons. The order ~ s final on the date rendered. ~2} Standards. The amount or rate of any charge for wastewater service, stormwater service or regional wastewater treatment service shall be based on the fol 1 owl ng: ~a} The amount charged far such service in the past; fib} For regional wastewater treatment services the recommendation, i f any, of the Metropolitan Wastewater Management Commission, ar any successor agency; ~c} Applicable federal or state regulations or conditions imposed as part of a federal or state grant or financial assistance agreement; ~d} ,The, amounts charged or proposed to be charged by the city of 5pr~ngf~eld and other providers of stormwater or wastewater services for comparable services; fie} The revenue needed to pay for the direct and indirect expected costs of constructing, operating, maintaining, and replacing 1 ocal and regional sewerage foci 1 i ti es based on the adopted budgets of the city of Eugene and the Metrapol i tan Wastewater Management Commission or its successor, the debt Ordinance - 8 vbl igations of the city or other entities for construction of the foci 1 i ti es, adopted capital improvement plans of the counci 1, the expected need for financial reserves and contingencies, and other sources of revenue; ~ f } For an individual stormwater service customer that discharges ,stormwater that requires extraordinary expense to the city, special surcharge rates based on the type, concentration, quantity, quality and frequency of the discharge. fig} Other relevant adopted policies of the caunci 1; ~ h } The terms of any applicable intergovernmental agreement rel at~ng to wastewater or stormwater services or regional wastewater treatment service; and ~ i } The obtaining of equity between different classes of customers so that one class of customers does not pay more than its proporti anate share of the expenses of pravi di ng sewer service. ~3} Limitations. The following limitations apply to charges set by the city manager far wastewater service, stormwater service and regional wastewater treatment service: ~ a } Charges shat l be imposed on a manthl y basis . Each customer shat 1 be notified, i n at 1 east one annual billing for the service, of the rate or the amount of the charge and the allocation of revenue expected from application of the charge. fib} The charges for regional wastewater treatment service shat 1 distinguish between the fol i owi ng classes of customers: single dwelling units, duplexes, and general wastewater customer use based on low, medium, and high or industrial loading strengths and may impose a surcharge on high strength industrial users based on b~ochem~cal oxygen demand and suspended solids concentrations in excess of lamest i c strength 1 evel s . ~c} . The charges for 1 ocal wastewater service may, but need not, d~ sty ngu~ sh between classes of customers. ~d} The monthly charge for wastewater service and regional wastewater treatment service shall be a f i xed fee together with a fee based on vo1 ume of use of water ~parti al f1 ow-based rate} . ~ e } When the wastewater service rate i s based on volume, the volume shall be calculated by actual measurement of the wastewater discharged the costs of measurement to be borne by the customer} or by an estimate based on the wastewater customer's average monthly water consumption during.the previous December through April period, or, ~ f no water consumpt~ on f ~gures are avai 1 ab1 a for at 1 east three full months during this period, the 'consumption of other similar customers ~ for res i dent i a1 customers } ar actual monthly water consumpt~an for non-res~dent~al customers}. ~f } The charges for stormwater service shat l distinguish between the fall owe ng classes of customers: small residential , medium residential and general stormwater customer, based upon the actual number of equivalent service units for each developed property or an average number of equivalent service units for a specific class. Special surcharges for stormwater service customers who receive extraordinary service shat l be i n addition to the standard charges for the customer's classification. Ordinance - 9 6.4Ifi Char es - Ad'ustments. ~1} Any person seeking a modification to a charge imposed an that customer for stormwater, wastewater, or regional wastewater treatment service shall seek an informal resol uti an of the issue with the city. If no agreement is reached, the customer may apply to the city manager for a modification of the charge, and, if applicable, a credit for any excessive charges paid during all or part of the 12 months preceding the application. The application shall be an a form provided by the city and shall be accompanied by the fee set by the city manager under section 2,020 of this code. The city manager or the manager's des ~ gnee sha11 approve or deny the application using the procedures and cri teri a set forth in this section. ~Z} .The monthly wastewater service charge shall be reduced, and the appropriate credit given, if the customer shows that: ~a} Actual water consumption exceeds the amount of water discharged into the wastewater system; or, ~ b} An error has been made i n determining the 1 oad i ng strength of the customer's effluent for purposes of calculating the app1 ~ cabl a reg }oval wastewater treatment rate. Customer proof must include rel ~ abl a BOD and SS test data from a qual i f i ed wastewater testing 1 abvratory and/or test samples by the city ar the regional sewerage agency. ~3} . Any stormwater service charge shall be reduced or e1 iminated, and,the appropriate credit given, ~f the customer shows to the city engineer's sate sfact~ on one or more of the fal 1 owi ng: ~ a} the amaunt of permanent reduct i an ~to the runaf f f ram the property; fib} the amaunt of stormwater being discharged directly from the property into the Wi 11 amette or Mckenzie Rivers or other body of water that does not drain directly or indirectly use the city stormwater system; ~c} the calculation of the number of ESUs assigned to the customer's property was in error; ~d} When the ,stormwater service charge has been surcharged because of the qual ~ ty of the stormwater being discharged, the amount of permanent i mprvvement i n the water quality for the property due to mitigation measures implemented on the property to treat the stormwater before i t i s discharged into the city stormwater system. ~4} Except when the City Engineer determines that the impact of further development upon the existing charges i s 1 ess than the cost of processing a re-appl ~cat~on, any modification given under this section shall continue until the property i s further developed ar unti 1 the city engineer determines the property no longer qualifies for the modification given. Upon further level apment of the property another application may be made by a person responsible. If the city engineer determines the property no longer qualifies for the modification, written notice of that determination shall be given to the person responsi b1 e. The city ,engineer's determination, may be appealed as prov ~ led ~ n sect ~ an 2 . o~ 1 of th ~ s code . A copy of the decision on appeal shal l be mai 1 ed to the applicant, parties who have requested a cagy, and, i f a reduct~an or e1~m~nat~on is ordered, to the billing agency. Ordinance - 10 5.421 Char es -Collection and Pa ment. The Eugene Water & El ectri c Board i s directed to cal l ect the charges provided for i n sections 6.401 through 6.610. Charges levied pursuant to sections 6.401 through 6.610 shall be determined by the city manager or his/her designee and certified to the Eu ene Water & Elect ' ~ ~ ~ g r~ c Board and any other water ut ~ 1 ~ ty obl ~ gated to col 1 ect such charges . All revenue collected by the Eugene Water & E1 ectri c Board shat 1 be paid monthly to the city and deposited in the appropriate fund for wastewater operations or for stormwater operations for use in providing sewer service including debt service and such other services as the counci 1 may direct. 6.426 Char es - Del i n uenci es . The water uti 1 i ty providing service to the sewer service customer shall enforce the collection of rates and charges for sewer service and may da so by withholding delivery of water, steam or electricity to the delinquent customer, or by any other means of collection provided by the laws of the state or permitted by the charter and ordinances of the city. Sewer service charges shall be collected monthly and i f not paid on or before 10 days from and after the date the same shall be payable, the charges shall be deemed to be delinquent. Any charge due which shall not be paid when due may be recovered in an action at law by the city. fi.431 Char es - Penal t for Non a ment. In the event a customer becomes delinquent i n the payment of sewer service charges, there shall be added to the charges a penal ty i n the amount of 10 percent of the delinquency and the total amount due shall bear interest at the rate established i n section 2.022 of this Code from the date of the delinquency. 6.436 Char es -Cast of Collection . The water utility collecting the sewer service charges may withhold from payments recei ved a reasonabl a fee for its actual costs of bi 1 l i ng, collecting and remi tt i n sewer service revenue. g The fee shat l be based vn actual costs and established annually by a regiment g between the c ~ ty manager and the water ut ~ 1 ~ ty. 6.441 Premises Located Outside Cit -Connection Prohibited. No person shall connect premises located outside the city limits to the city wastewater system ar to the city stormwater system until: ~ a} An application therefor has been submitted and a permi t issued ~n accordance with the provisions of section 2.212 of this code; fib} The property which is to be connected to the sewer 1. has been assessed for the sewer to which connection is to be made, or 2. i s included wi th fi n a l ocal improvement district for the sewer to which connection i s proposed; or ~c} The city engineer has determined, consistent with counc~ 1 pol ~ cy, the property i s to be connected to the city wastewater system or the city stormwater system available to serve the property, Ordinance - 11 6.446 Dischar a of Forei n Matter -Preventative Devices. ~ 1 } , Na person responsible shall ~al l ow wastewater or poi sonous substance from h~ s ar her premises to flow out on ar under a publ is wa or on an Y Y adjoining lot or grounds. ~~} . No person responsible shall place or cause to be placed a substance wh ~ ch ~ s harmful to ar has a tendency to cl ag the city sewer ar ermi t such substance in the p control of such person to enter the city sewer. ~3} No person shall discharge, or cause to be discharged, into the city stormwater system any substance other than stormwater, exce t di schar es p g pursuant to a National Pollutant Discharge E1 imination System permit, dischar es resul t~ n from f ~ re f ~ ht~ ' ' ~ g g g ng act~v~t~es, or discharges with written approval from the city manager or the manager's designee. . ~4} Every establishment or place where the substances prohibited ~ n subsect~ an ~ ~} above ~ s or may be produced i s hereby required to install such necessary catch basin traps or other devices for the purpose of preventing such substance from enteri ng a ci ty sewer. It shall be the respons i bi 1 i t of the individual violati Y "ng this provision to furnish the city upon request, plans prepared by a registered engineer showing the proposed method of elimination. Such device shall be approved only i f tests and subsequent engi neeri n data estab1 i sh that a des' g ~ rab1 a standard of removal i s produced. ~5} No person respansi bl a sha11 allow stormwater to flaw out on or under a publ ~ c way i n a manner that creates a hazard for those 1 awf ul l us i n the ubl i s wa o ~ Y g p y r that creates a hazard to ~ mprovements within the public way. ~6} The conditions prohibited by this section are nuisances and subject to abatement as provided in this code. 6.451 Administrative Re u1 ati ons and Methodo10 The city mana er ma g Y adopt such rules, regulations and methvdolog~es as are necessary for the administration of the duties required by sections 6.401 through 6.610 as provided in section 2.019. Wastewater Service 6.461 Wastewater Service Charges. All water users shall pay the char es .. for wastewater service and regi ona1 wastewater treatment service that are enacted under this section. All mobi 1 e waste haulers sha11 pay the service charges for disposal of wastes that are enacted under this section . The c i t mana er shall review Y g and determine the monthly charges for regional wastewater treatment serve ce and 1 oca1 wastewater service on at 1 east an annual basis. The city manager shall set these charges using the procedures, criteria and 1 ~ m~ tats ons set out i n section 6.411. Mobi 1 e waste haul i n fees shall be 9 determined using the procedure and criteria set out in section 6.411. 6.466 Wastewater Service Char es -Customers Not Served b Eu ene Water & Electric Board. Water users not served by the Eugene Water & E1 ectri c Board shall install and mai ntai n meters approved by the ci t mana er or Y g his/her designee which accurately reflect the gallons of water consumed or which pass i nta the city wastewater system. The meter shall be canveni entl avai 1 abl e Y Ordinance - 12 to be read by the city. 6.411 Wastewater 5 stem and Sewa a Dis oral Re ulations -Connections Re u i red . ~1} , Except as provided in subsections fi.411~3} and fi.411t4}, within the c~ ty or w~ the n a 1 ocal improvement district for wastewater sewers created b y the counci 1, al 1 structures i n which plumbing fixtures are instal 1 ed or which discharge wastewater and are located within 164 feet of the city wastewater system or of a publ is right-of-way containing the city wastewater system shal l be connected to the city wastewater system i n a manner prescribed by this code and shal 1 discharge all wastewater into such system. ~ 2 } No private sewage disposal system shal 1 be allowed within the city uni ess the requirement i n subsection ~ 1 } above cannot be met and approval and a permi t i s obtained from the lane County Health Department. ~3} When a structure has been serviced by an approved private sewage disposal system and the city wastewater system becomes avai 1 abl a as described i n subsection fi.411 ~ 1 } , the city may al 1 ow an 18 month grace eri od from the date t p he property owner ar person in charge of property receives actual notice of the city's wastewater system's availability within which to connect the structure to the city wastewater system, if allowed, the 18 month grace period terminates when work ~s done on the affected property that requires a plumbing permit ar when conditions exist on the affected property which are described i n subpart fi.OlO~g} or section 6.446. ~4} Except for actions enforcing subpart 6.010~g} or section fi.446, at 1 east 90 days before initiating 1 egal action al l eg i ng a v i of at i on of section 6.411 ~ 1 } the property owner ar person i n charge of property shall be sent written note ce adv~ s ~ ng that 1 egal proceedings wi 11 be f i 1 ed against them for vi al at i an of sect ~ on 6.411 ~ f they have not completed the required sewer connect i an wi th i n 90 days. ~5} ,The notice required by subsection fi.411~4} shall be delivered by personal serve ce or sent by cert~ f i ed mai 1 to the property owner or person i n charge of property and shall describe the premises required to be connected to the city wastewater, system, the date after which legal proceedings may be ~n~t~ated for v~olat~on of section 6.471, and the city office where information and required permits may be obtained. A copy of the notice shall be sent by f ~ rst class may 1 to the occupant of the property i f other than those recei vi n g the required notice. ~6} No.persan sha11 sever a sewer connection ar disconnect without first obtaining perm~ss~on from the responsible city official. ~1} The conditions prohibited by this section are nuisances and subject to abatement as provided in this code. 6.416 Pro ert Served b Exi sti n Wastewater Sewers - E ui val ent Assessment. ~ 1 } The owners of al 1 real property lying within 160 feet of a c i ty wastewater sewer, why ch can be served by an already instal 1 ed city sewer 1 i ne and which has not,paid a local improvement assessment for the wastewater sewer to which connection is to be made shall pay to the finance officer an equivalent assessment and any other fees required by the city before connecting to the wastewater sewer. If the property has delinquent local improvement assessments Drd i Hance - 13 against i t, before issuing the sewer connection permit, all delinquent assessments shat 1 be brought current . The equivalent assessment shal 1 be determined by the city engineer, taking into account the city policy that each parcel of real property shall pay at least for an eight inch lateral sewer system, based on the greater of the cost of constructing the wastewater sewer to which connection is proposed or the cost at the time of connection of local improvement assessments for similar wastewater sewers. As used in this subsection "cost" includes the expenses identified i n section 1.110. The total equivalent assessment shall be reduced by any principal payment received on a 1 ocal improvement assessment 1 evi ed against the property far a wastewater sewer. Within ,ten days of that.determi nati on any person aggrieved by the city engineer's determ~ not ~ on may subm~ t a wri tten request for a heari ng by the city manager or the manager's designee using the applicable procedures set forth at sections 2.392 to 2.400 of this code. The determination on the appeal shall be i n wri ti n . g and shall be ~ slued w~ the n 1o days of the hears ng. On the date of ~ ssuance, a copy of the decision shat 1 be mai 1 ed to the appellant, the city engineer and other party es who have requested a copy, The decision of the city manager or the manager's designee shall be final . ~ 2 } The city may accept and incorporate all or part of the wastewater system of a special service district as a part of the city's wastewater system. After such acceptance, the city may establish special assessment and connection fees i n the manner provided by 1 aw. ~3} In lieu of paying the equivalent assessment at the time of connection, the owner of the real property to be connected to the wastewater sewer may execute and deliver to the finance officer an agreement to pay the equi vat ent assessment i n instal 1 ments . The finance officer may accept the owner's agreement to pay only i f i t i s consistent with the limits established under subsection 1.~60~2} and ~3}. Equivalent assessments paid as provided in this subsection shall be charged interest on the unpaid principal balance as provided i n section 2.022 of thi s code and are hereby decl ared a 1 i en against the real property and shall be docketed i n the lien docket of the city and may be foreclosed i n the same manner as other assessment 1 i ens. ~4} The equivalent assessment required by this section shat 1 be used for wastewater purposes and shall be i n addition to al 1 other fees and assessments required by this code. 6.481 Method of Pa in Cast and Ex ense of Wastewater Sewers. Except when counc i 1 policy directs otherwise or when 1 i mi ted because of the avai 1 obi 1 i ty Of funds, the cost of constructing al 1 general or trunk wastewater sewers i n excess of a normal eight-inch lateral and the cost of maintaining, repairing and reconstructing the city wastewater system shat 1 be paid from wastewater service revenues whether derived from customer charges, fees, taxes, assessments or otherwise, or from the proceeds of bonds issued and said for that purpose. Section 3. Sections 6.400, 6.445, 6.414, 6.4I5, 6.425, 6.421, 6.430, 6.432, 6.434, 6.435, 6.440, 6.445, 6.450, 6.455, 6.460, 6.462, 6.463, 6.464, 6.465, and 6.410 of the Eugene Code, ~91~ dealing with the industri a Ordinance - 14 Pretreatment Program for sanitary sewers are hereby respectively renumbered: 6.501, 6.506, 6.511, 6.516, 6.521, 6.526, 6.531, 6.536, 6.541, 6.546, 6.551, 6.556, 6.561, 6.566, 6.511, 6.576, 6.581, 6.586, 6.591, and 6.596. Section 4. Section 7.065 of the Eugene Code, 1911 is amended and renumbered 6.610, and sections 6.600 and 6.605 are added thereto, to provide; stormwater Service 0 Charges for Stormwater Service. ~ 1 } Except as the charges may be reduced under subsection 6.600 3 ~ }~ the obl~gat~on to pay stormwater service charges arse when a person responsible uses stormwater services. It is presumed that stormwater services are used whenever there i s an improved premises . ~ 2 } Unless another person respons i b1 a has agreed i n wri ti ng to pay and a copy of that writing i s f i 1 ed with the city, the person ~ s } paying water utility charges shall pay the stormwater service charges. If there is no water serve ce to the property or i f water service i s discontinued, the stormwater service charges shal 1 be paid by the person ~ s } having the right to possess the property. The stormwater service charges shall be set by the city manager using the procedures, criteria and l imi tati ans set out i n section 6.411 of this code. The city manager shall review and determine the monthly charges for stormwater serv ~ ce on at 1 east an annual basis . 6.605 Initiation and Ad 'ustment of Bi l l i n . Using stormwater service or ,receiving final approval of improvements authori ted by a pl umbi ng permi t, wh ~ chever f ~ rst occurs, w~ 11 automatically initiate appropriate bi 11 i ng for stormwater services as established by section 6,600 of this code. If development of a parcel does not requi re a p1 umbi ng permit, the creation or mod ~ f ~ cat i on of any impervious surf ace from which stormwater may be d i schar ed . 9 into city stormwater system shall ~ n ~ t ~ ate the obl i gati an to pay the stormwater service charges. 6.610 stormwater and Sewers -Connection • E ui val ent Assessments. ~ 1 } Na person shall connect or allow to remain connected to the city wastewater system a drain, downspout or other conduit carrying storm water. Th ~ s type of dray n, downspout or other conduit shat 1 be discharged into a retention fac~l qty an the same property, a watercourse or into the city stormwater system. ~2} No person ,shall connect a drain, downspout or other conduit carrying stormwater to the city stormwater system without first paying the fees requi red by this section and obtai Wing a permi t from the city engineer. The city engineer shat 1 issue the permit upon payment of the requi red fee and assessments and upon a determi nati on that the proposed connection i s a proper use of the ci t y stormwater system. A fee for a permit required by this section shall be set as provided ~ n section 2.020 of this code. Permits shall only be issued to a Ordinance - 15 property owner for connections for the owner's personal residence or to a 1 i tensed plumber or licensed septic tank instal ] ate on contractor. ~3} In all building plans submitted to the building official, where the improvement sought to be made modifies and existing impervious surface or creates a new impervious surface which will have stormwater runoff, such tans shall show what Conn p ect~ ons to the c~ ty stormwater system are contemplated and what stormwater i s to be discharged therein, and show the method of and foci 1 i ties for the disposal of any stormwater that i s not to be di schar ed into the c i t stormw to • g y a r system. Such p1 ons so subm~ tted shal 1 be revs ewed and approval granted by the c~ ty eng ~ Weer. The building off i ci a1 shall not a rove the 1 ons until th i s a rov pp p pp al ~s given. ~4} In addition to the permit fee required by subsection fi.610 2 , ~} when the owner of real property connects or seeks to connect the owner's ro ert to the tit stor ~ ~ p • p y y mwater system for wh ~ ch the c~ ty has pay d ~ n anti c~ pat ~ on of future assessment to benef ~ tted property or for which the city has g i ven a credi t under subsections 1.1303} and 1.1304}, based upon the size of the stormwater sewer that woul d be assessable under subsection 1.115 ~ 2 } ~ b} 4, the owner shall a to the finance officer p y . an• equ~ val ent assessment and any other fees required by the c~ ty before connecting to the stormwater sewer. If the ro ert has Jelin en p p y qu t 1 acal improvement assessments against i t, before i ssui n the g stormwater sewer connect ~ an perms t, al 1 del ~ nquent assessments shall be brou ht g current. The equivalent assessment shat 1 be determined by the city engineer, taking into account the city policies regarding the size of stormwater sewer assessed to benef ~ tted property, based on the greater of the credit given under subsection 1.1303} or ~4} for the stormwater sewer to which connection is proposed or the cast at the time of connection of local improvement assessments for similar stormwater sewers . As used i n this subsection "cost" includes the expenses identified i n section 1.110. The total equivalent assessment shat 1 be reduced by, any principal payment received on a l oca1 improvement assessment 1 eve ed agar nst the property for a stormwater sewer. Any person aggri eved b the cat en sneer's determ' ~ y y g ~ nat~ on of the equ~ vat ent assessment may seek ~ is revs ew by the city manager by filing a written request far its review within ten da s of the tit en ineer's de ~ y y• g terms not ~ on . The c ~ ty manager ar the manager s des ~ gnee shall cans ~ der the request by us ~ ng the applicable procedures set forth at sections 2.392 to 2.400 of this code. The determination on the appeal shall be i n writing and shall be issued within 10 days of the hearing, On the date of i ssuance, a copy of the decision shall be mailed to the appellant, the ci t en i Weer and other r ' ~ ~ ~ y g pa t~ es who have requested a copy. The deco s~ an of the c~ ty manager or the manager's designee sha11 be final. . ~5} In 1 i eu of paying the equivalent assessment at the time of ~ ssuance of the perms t to connect, the owner of the real property to be connected to the stormwater sewer may execute and deliver to the finance officer an agreement to pay the equivalent assessment i n installments . The finance officer may accept the owner's agreement to pay only if it is consistent with the 1 units established under subsection 1.1602} and ~3} . Equivalent assessments aid as rov i ded i n this p p subsect~ on shall be charged interest on the unpaid principal balance as prove ded ~ n sect ~ an 2.022 of this code and are hereby decl ared a 1 i en against the real property and shall be Jacketed i n the 1 i en docket of the ci t and ma be foreclosed ' y y ~n the same manner as other assessment 1 lens. ~ fi } Nath i ng i n this section shat 1 prevent the city from treat i n 9 a 1 acal ~ mprovement d ~ str~ ct for stormwater sewers under section 1.115 u on a determinate p , on that an ex~st~ng stormwater sewer for which the city has even 9 Ordinance ~ lfi credit under subsection 1.130~3~ and ~4~ is determined to s eciall benefit ro ert that di p ~ y p p , y d not pay for the stormwater sewer or upon a determ~ nat~ on that the city constructed an ex~st~ng stormwater sewer in antici ation of assassin its costs p g to specially benef~tted property that did not pay far the stormwater sewer at the time of construction. Such assessments shall be calculated u on the rester of the amount of cre ' p 9 , d ~ t g ~ van by the city or of the cost of constructing a s~m~lar stormwater sewer at the time of the formation of the local im rovement district. If a ro art h ~ p p p y as been g~ van an equ ~ val ant assessment under subsection 7.065 ~4~ i t may not be assessed again for the same stormwater sewer. ~1~ The equivalent assessment required by this subsection shall be used for c~ ty stormwater sewer purposes and shall be i n addi ti an to all other fees and assessments required by this code, Section 5. Sections fi.500, fi,505, fi.510, fi.515, fi.511, fi.519 6.521 s , 6.523, 6.525, and 6.521 of the Eugene Code, 1971 dealing with Miscellaneous provisions regarding junk vehi c1 es, 1 i tteri ng, deposits i n Mi 11 race and obnoxious vegetation are hereby respectively renumbered: 6,800, 6.805, 5.810, 6.815 s 6.820, 6,825, 6,830, fi,835, 6.$40, and 6.845. Section 6 . The definitions of "Duplex, " "Dwell i ng unit, " "San i tar sewer " Y "Sewage," "Sewer," and "Storm sewer and storm drain" set forth in Section 7.010 of Eugene Code, 1911 are hereby amended; anew def i n i t i an for "Stormwater" i s added thereto and the definitions of "B.O.D. Biochemical ox en demand " Yg ~, "Combined sewer, " "General Customer, " "Industrial stren th, " "Industrial waste g or trade waste," "Multiple dwelling," "pH," "Sanitary sewer user " "Sewer service, " "Sewerage system, " "Storm drain, " "Storm sewer user, " "Sus ended solids P or SS, " "Transient rooms, motels, hotels, and student quarters, " "V~ater user" are deleted therefrom, to provide: 1.010 Definitions . for purposes of this chapter, the fall owi n words and hrases .g • p shall have the meanings ascribed to them by this section: Du 1ex. A building under single ownership which is desi ned or used exci us ~ ~ ~ g ~ vely for the occupancy of two fame 1 ~ es 1 ~ v~ ng independently of each other and having separate housekee i n p 9 facilities for each family. Dwel l i n un t, A foci 1 i ty designed far permanent or semi - permanent occupancy by a single family and provided with minimum Ordinance - 11 kitchen, sleeping and sanitary facilities. Wastewater. Water-carried human, anima] or industrial waste together with such stormwater as may be present. Wastewater sewer. A sewer which carries wastewater, into which stormwater is not intentionally admitted. Sewer. A pipe or a conduit for carrying wastewater or stormwater. Stormwater sewer. A sewer which carries stormwater into which wastewater is not intentionally admitted, Section 1. No person may claim the amendments in this ardinance to the Eugene Code, 1911, prov i de a defense to any obligation to comply with any notice, abatement order or prosecution of any vi of at i an based upon the provisions of the Code before these amendments take effect. The document "STORMWATER SERVICE CHARGE: METHODOLOGY PAPER" dated October 1, 1993 is hereby adopted and may hereafter be modified by the City Manager as provided i n section 6.451 of the Eugene Code, 1911 as adopted by Section 2 of this Ordinance. Section 8. The i n i ti ai charges for stormwater service shall be set by Counci 1 resol uti an . Such charges may thereafter be modified by the City Manager as provided in section fi.411 of the Eugene Code, 1911 as adapted by Section z of this Ordinance. Section 9. The City Recorder is hereby authorized, upon first receiving the concurrence of the City Attorney, to administratively correct any references contained in this ordinance or elsewhere in the Eugene Codes 1911, or administrative orders adopted by the City Manager, to sections that have been added, amended, or renumbered in this ardinance. Passed by the City Counci 1 thi s 17th day of November, 1993 ~ ~,/ City Reco r Approved by the Mayor this 11th day. of November, 1993 Mayor Ordinance - 18 CITY OF EUGENE INTER-DEPARTMENTAL MEMORANDUM CITY ATTORNEY Ta: Subject; Kathy Fieland Deputy City Recorder Ordinance Nos. 19939 and 199~4U Date: December 9,1993 On November 17, 1993 the Council adopted Ordinance No. 19939 amendin and . g renumbering numerous sections of Chapters 6 and 7 of the Eugene Code, l9? 1 EC , ~ ~ Prior to enactment of the Ordinance, EC Section 6.445 set forth definitions applicable to the Industrial Pretreatment Program Cade provisions. Section 2 of that Ordinance directs that EC Section 6.445 be amended and renumbered to 6.406, and Section 3 directs that EC Section 6.445 be renumbered 6.506. It was the intent, as reflected in the le 'slative draft of . ~ the Ordnance considered by the Council, and Section 2 should have stated that onions of ~~ Section 6.445 be amended and incorporated in the new Section 6.406, a definition section of more general application. The newly renumbered 6.546 definitions applicable onl to y the ~ndustr~al pretreatment program Code provisions} was subsequently amended b Y Ordnance No.19940 adopted at the same meeting. Your legislative history for each of these sections should state: "6.446 -Portions of former 6.445 incorporated and amended by Ordinance No. 19939 on November 17,1993, effective December 17,1993." "6.506 -Formerly 6.405, renumbered to 6.546 by Ordinance Na. 19939 on November 17,1993, effective December 17,1993; amended by Ordinance No. 19944 vn November 17,1993, effective December 17,1993." In addition, the legislative draft of Ordinance Na.19939 as considered by the Council advised in a comment to EC Section 6.446 that the revision to subsection 1 of that section, ~~ together with the new subsection ~4} duplicated the provisions of the existing Section 6.075, and that section would be repealed by the Ordinance. Accordingly, EC Section 6.475 should be removed from the Code. A copy of this memo should be appended to both Ordinance 19939 and 19940 to reflect the administrative actions taken, which are authorized by Sections 9 and 2 respectively of the Ordinances. CIVIL DEPARTMENT As a separate, but related matter, because the Public Works Department utilizes G LONG WATKINSUN LAIRD & RUBENSTEIN, P.C. Kathy Pieland llecember 9,1993 Page 2 many preprinted forms that reference some of these renumbered sections, you agree to insert a legend at the appropriate places in the Code reflect the renumbering, We reco 'ze that this is a departure from customary practice, and your desire that some procedure be established for determining how long these legends remain in the Code. Accordingly, b . Y copy of this memo, we are requesting that Les Lyle and Peter Ruffier advise you of when the supply of preprinted forms has been exhausted and the references in the Cade are no longer necessary. If you have any questions with respect to any of these matters, please call. vG LONG WATKINSQN LAIRD & RUBENSTEIN, P.C. -CITY ATTORNEYS t i A. Keith Martin AKM:jw cc: Les Lyle Peter Ruffier CITY OF EUGENE INTER-DEPARTMENTAL MEMORANDUM CITY ATTORNEY -CIVIL DEPARTMENT To: Kate Fieland Date: ,Tuiy ~, 1994 Deputy .City Recorder Subject; Administrative Carrectian to Section 6.994 of the Eugene Code, 1971 an November 17, 1993 the Council adopted Qrdinance No. 19939 amending and renumbering ,.several provisions of Chapters 6 and 7 of the Eugene Code, 1971. Some of those renumbered sections were also amended by C]rdinance No. 19940 on the same date. It has came to our attention that neither ordinance amended the penalty section (6.990} references to sections that were renumbered. Pursuant to the authority of Section 9 of ordinance No. 19939, you are requested to make the following administrative corrections to Section 6.990 of the Eugene Code, 1971: _ Change the reference to sections 6.400 to 6.470 in Subsections (5), (6)(a}, and (6)(b) (two. references), to 6.501 to 6.596.. Change the reference to sections 6.464 and 6.470 in Subsection (7) to 6.586 and 6.596. The legislative history for Section 6.990 should reflect this administrative correction, with a copy of this memo appended to both ~Urdinance Na.19939 and 1994. ~ J Thank you for your attention to this matter, and if you have any questions, please call. B[~~RRANG LONG GARY RUD1vICK, P.C. CITY ATTORNEYS A. Keith Martin AKM:~w CITY OF EUGENE INTER-DEPARTMENTAL MEMORANDUM CITY ATTORNEY -CIVIL, DEPAR'T'MENT ' i To: Kate Fieiand -Deputy City Recorder Date: May 1S, 2000 Subject: Administrative Correction to EC 6.6001} In a telephone call to our off ce you brought to our attention that Subsection ~ 1 } of Section 6.640 of the Eugene Code,1971 contains a reference to "subsection 6.6003}," and asked that we determine whether this was a scrivener's error, or if a subsection had been erroneously omitted, since there is no subsection ~3} to Section 6.600. Based on the review noted below, we conclude the intended reference was to "subsection 6.4163}," and you are requested to administratively correct the reference in EC 6.6001} from "6.6003}" to "6.4163}." The addition of Section 6.600 to the Code was effected by ordinance No.1993 9, an 18 page ordinance that restructured numerous Code provisions related to the City's wastewater and stormwater systems. This same reference error was present in the legislative drafts of the ordinance we reviewed, including the draft in the Council's October 25,1993 agenda packet. For the Council's November 10,1993 work session, staff provided the Council with responses to public testimon y received at the October 25,1993 meeting. In response to a comment that provisions for reductions or exemptions included too many loopholes, staff responded that: "The rate methodology includes provisions for reductions or exemptions form the stormwater service charge. one is an adjustment based on a reduction of the amount of impervious surface area on the property. The second type is an adjustment to the charge due to a reduction in the amount of stormwater discharged directly or indirectly into the public drainage system. ~ ~ ~" Subsection ~3} of Section 6.416 authorizes the reduction or elimination of the stormwater service charge based on several factors, including a showing of the amount of permanent reduction to the runoff from the property, and the amount of stormwater being discharged directly into other bodies of water and not directly ar indirectly using the City's stormwater system. This bein the . g only section ~n the 4rd~nance that references reductions for stormwater service charges supports our conclusion that EC 6.6001}should have referred to EC 6.4163}. once the correction has been made, you should attach a copy of this memo to ordinance No, 1993 9 and note the administrative correction in the section's legislative history. If you have an Y Re: May 1 S, 2000 Page ~ questions, please let us know. I~[~~12RANG LONG GARY RUDNICK PC CITY ATTORNE S ~~ G enn ein GK:jw .