§ 54-126. Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Annual rate resolution means the resolution described in section 54-158, establishing the rate at which a stormwater utility assessment for a specific fiscal year will be computed. The final assessment resolution shall constitute the annual rate resolution for the initial fiscal year in which a stormwater utility assessment is imposed or reimposed.

Assessed property means all parcels of land included on the assessment roll that receive a special benefit from the delivery of the stormwater utility services, programs or facilities identified in the initial assessment resolution or the preliminary rate resolution.

Assessment roll means the special assessment roll relating to a stormwater utility assessment approved by a final assessment resolution pursuant to section 54-156 or an annual rate resolution pursuant to section 54-158.

Building means any structure, whether temporary or permanent, built for support, shelter or enclosure of persons, chattel or property of any kind. This term shall include mobile homes or any vehicles serving in any way the function of a building.

Certificate of occupancy means the written certification issued by the city that a building is ready for occupancy for its intended use. For the purposes of this article, a setup permit or its equivalent issued for a mobile home shall be considered a certificate of occupancy.

Developed property means property that has been altered from its natural state by the addition of any improvements, including but not limited to buildings, structures or impervious surfaces. For new construction, a property shall be considered developed pursuant to this article upon issuance of a certificate of occupancy, or upon completion of construction or final inspection if no such certificate is issued.

Dwelling unit means one or more rooms in a building, forming a separate and independent housekeeping establishment, arrangement, designed or intended to be used or occupied by one family and having no enclosed space or cooking or sanitary facilities in common with any other dwelling unit with no ingress or egress through any other dwelling unit, and containing permanent provisions for sleeping facilities, sanitary facilities and not more than one kitchen.

Equivalent residential unit (ERU) means the statistical average horizontal impervious area of residential units. The horizontal impervious area includes but is not limited to all areas covered by structures, roof extensions, patios, porches, driveways and sidewalks. The common denominator used for relating runoff is the ERU.

Final assessment resolution means the resolution described in section 54-156, which shall confirm, modify or repeal the initial assessment resolution and which shall be the final proceeding for the initial imposition of stormwater utility assessments.

Fiscal year means that period commencing October 1 of each year and continuing through the next succeeding September 30, or such other period as may be prescribed by law as the fiscal year for the city.

Government property means property owned by the United States of America or any of its agencies, a sovereign state or nation, the state or any of its agencies, a county, a special district or a municipal corporation.

Impervious area means an area covered by material that does not permit infiltration or percolation of water into the ground. Such impervious areas may include but are not limited to areas covered by roofs, roof extensions, slabs, patios, porches, driveways, sidewalks, parking areas and athletic courts.

Initial assessment resolution means the resolution described in section 54-152, which shall be the initial proceeding for the identification of the stormwater utility assessed cost for which an assessment is to be made and for the imposition of a stormwater utility assessment.

Lot means an area of land that abuts a street or other means of legal access and either complies with or is exempt from the Land Development Code; is sufficient in size to meet the minimum area and width requirements for its zoning classification; and a portion of subdivision or any other tract or parcel of land, including the air space above contiguous thereto, intended as a unit for transfer of ownership or for development or both. The word "lot" includes plot, tract or parcel.

Nonresidential developed property means any developed property that is classified by the property appraiser as land use types 10 through 99, using the state department of revenue land use codes.

Owner means the person reflected as the owner of assessed property on the tax roll.

Parcel of land means any quantity of land capable of being described with such definiteness that its location and boundaries may be established, which is designated by its owner or developed as a unit or which has been used or developed as a unit, or which may be developed into a unit.

Preliminary rate resolution means the resolution described in section 54-158 initiating the annual process for updating the assessment roll and directing the reimposition of stormwater utility assessments pursuant to an annual rate resolution.

Property appraiser means the property appraiser of the county.

Residential developed property means developed property that is classified by the property appraiser as land use 00 through 09 using the state department of revenue land use codes.

Stormwater means that part of the precipitation that travels over natural, altered or improved surfaces to the nearest stream channel or impoundment, and which appears in surface waters.

Stormwater utility assessment means a special assessment lawfully imposed by the city against assessed property to fund all or any portion of the cost of the provision of stormwater utility services, facilities or programs providing a special benefit to property as a consequence of possessing a logical relationship to the value, use or characteristics of property identified in the initial assessment resolution or the preliminary rate resolution.

Stormwater utility assessed cost means the amount determined by the city commission to be assessed in any fiscal year to fund all or any portion of the cost of the provision of stormwater utility services, facilities or programs which provide a special benefit to assessed property, and shall include but not be limited to the following components:

(1)

The cost of physical construction, reconstruction or completion of any required facility or improvement;

(2)

The costs incurred in any required acquisition or purchase;

(3)

The cost of all labor, materials, machinery and equipment;

(4)

The cost of fuel, parts, supplies, maintenance, repairs and utilities;

(5)

The cost of computer services, data processing and communications;

(6)

The cost of all lands and interest therein, leases, property rights, easements and franchises of any nature whatsoever;

(7)

The cost of any indemnity or surety bonds and premiums for insurance;

(8)

The cost of salaries, volunteer pay, workers' compensation insurance, or other employment benefits;

(9)

The cost of uniforms, training, travel, and per diem;

(10)

The cost of construction plans and specifications, surveys and estimates of costs;

(11)

The cost of engineering, financial, legal and other professional services;

(12)

The costs of compliance with any contracts or agreements entered into by the city to provide stormwater utility services;

(13)

All costs associated with the structure, implementation, collection and enforcement of the stormwater utility assessments, including any service charges of the tax collector, or property appraiser and amounts necessary to offset discounts received for early payment of stormwater utility assessments pursuant to the Uniform Assessment Collection Act or for early payment of Stormwater Utility Assessments collected pursuant to section 54-187;

(14)

All other costs and expenses necessary or incidental to the acquisition, provision or construction of stormwater utility services, facilities or programs, and such other expenses as may be necessary or incidental to any related financing authorized by the city commission by subsequent resolution;

(15)

A reasonable amount for contingency and anticipated delinquencies and uncollectible stormwater utility assessments; and

(16)

Reimbursement to the city or any other person for any moneys advanced for any costs incurred by the city or such person in connection with any of the foregoing components of stormwater utility assessed cost.

If the city also imposes an impact fee upon new growth or development for stormwater utility related capital improvements, the stormwater utility assessed cost shall not include costs attributable to capital improvements necessitated by new growth or development.

Tax collector means the tax collector of the county.

Tax roll means the real property ad valorem tax assessment roll maintained by the property appraiser for the purpose of the levy and collection of ad valorem taxes.

Uniform Assessment Collection Act means F.S. §§ 197.3632 and 197.3635, or any successor statutes authorizing the collection of non-ad-valorem assessments on the same bill as ad valorem taxes, and any applicable regulations promulgated under such statutes.

(Ord. No. 96-48, § 1.01, 9-9-1996)

Cross reference

Definitions generally, § 1-2.