§ 42-134. Fees.

(a)

The Hialeah Stormwater Utility is hereby authorized and directed to establish, charge and collect stormwater utility fees upon all residential developed property and all nonresidential developed property within the City of Hialeah, Florida, sufficient to plan, construct, operate and maintain stormwater management systems set forth in the local program required pursuant to F.S. § 403.0891(3). Such fees shall be in an amount set forth by the city council.

(b)

Each residential developed property shall be charged a stormwater utility fee calculated by multiplying the rate for one ERU by the number of the dwelling units on the parcel.

(c)

Each nonresidential developed property shall be charged a stormwater utility fee calculated by multiplying the rate for one ERU by a factor derived by dividing the actual impervious area of the particular nonresidential developed property by the statistically estimated average horizontal impervious area of residential developed property per dwelling unit, to wit: the square footage base equivalent established for one ERU.

(d)

For purposes of calculating ERUs for mixed-use properties, the number of ERUs for each property shall be calculated by adding the sum of the number of ERUs for dwelling units on the property and the number of ERUs attributable to that portion of the property not used for dwelling units.

(e)

The fees payable hereunder shall be deposited in a separate stormwater utility fund and shall be used exclusively by the Hialeah Stormwater Utility to pay for the costs of planning, constructing, operating and maintaining stormwater management systems set forth in the local program required pursuant to F.S. § 403.0891(3).

(Ord. No. 98-32, § 2, 5-4-1998)