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(1) No person shall connect or allow to remain connected to the city wastewater system a drain, downspout or other conduit carrying storm water. This type of drain, downspout or other conduit shall be discharged into a retention facility on 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 required by this section and obtaining a permit from the city engineer. The city engineer shall issue the permit upon payment of the required fee and assessments and upon a determination that the proposed connection is a proper use of the city stormwater system. A fee for a permit required by this section shall be set as provided in section 2.020 of this code. Permits shall only be issued to a property owner for connections for the owner’s personal residence or to a licensed plumber or licensed septic tank installation 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 plans shall show what connections to the city stormwater system are contemplated and what stormwater is to be discharged therein, and show the method of and facilities for the disposal of any stormwater that is not to be discharged into the city stormwater system. Such plans so submitted shall be reviewed and approval granted by the city engineer. The building official shall not approve the plans until this approval is given.

(4) In addition to the permit fee required by subsection 6.610(2), when the owner of real property connects or seeks to connect the owner’s property to the city stormwater system for which the city has paid in anticipation of future assessment to benefitted property or for which the city has given a credit under subsections 7.730(3) and 7.730(4), based upon the size of the stormwater sewer that would be assessable under subsection 7.175(5), the owner shall pay to the finance officer an equivalent assessment and any other fees required by the city before connecting to the stormwater sewer. If the property has delinquent local improvement assessments against it, before issuing the stormwater sewer connection permit, all delinquent assessments shall be brought current. The equivalent assessment shall be determined by the city engineer, taking into account the city policies regarding the size of stormwater sewer assessed to benefitted property, based on the greater of the credit given under subsection 7.730(3) or (4) for the stormwater sewer to which connection is proposed or the cost at the time of connection of local improvement assessments for similar stormwater sewers. As used in this subsection “cost” includes the expenses identified in section 7.170. The total equivalent assessment shall be reduced by any principal payment received on a local improvement assessment levied against the property for a stormwater sewer. Any person aggrieved by the city engineer’s determination of the equivalent assessment may seek its review by the city manager by filing a written request for its review within ten days of the city engineer’s determination. The city manager or the manager’s designee shall consider the request by using the applicable procedures set forth at section 2.021 of this code. The determination on the appeal shall be in writing and shall be issued within 10 days of the hearing. On the date of issuance, a copy of the decision shall be mailed to the appellant, the city engineer and other parties who have requested a copy. The decision of the city manager or the manager’s designee shall be final.

(5) In lieu of paying the equivalent assessment at the time of issuance of the permit 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 in installments. The finance officer may accept the owner’s agreement to pay only if it is consistent with the limits established under subsection 7.160(2) and (3). Equivalent assessments paid as provided in this subsection shall be charged interest on the unpaid principal balance as provided in section 2.022 of this code and are hereby declared a lien against the real property and shall be docketed in the lien docket of the city and may be foreclosed in the same manner as other assessment liens.

(6) Nothing in this section shall prevent the city from creating a local improvement district for stormwater sewers under section 7.175 upon a determination that an existing stormwater sewer for which the city has given credit under subsection 7.730(3) and (4) is determined to specially benefit property that did not pay for the stormwater sewer or upon a determination that the city constructed an existing stormwater sewer in anticipation of assessing its costs to specially benefitted property that did not pay for the stormwater sewer at the time of construction. Such assessments shall be calculated upon the greater of the amount of credit given by the city or of the cost of constructing a similar stormwater sewer at the time of the formation of the local improvement district. If a property has been given an equivalent assessment under subsection 6.610(4) it may not be assessed again for the same stormwater sewer.

(7) The equivalent assessment required by this subsection shall be used for city stormwater sewer purposes and shall be in addition to all other fees and assessments required by this code.

(Section 6.610, formerly Section 7.065 amended by Ordinance No. 19653, enacted November 22, 1989, effective May 22, 1990; Ordinance No. 19773, enacted May 13, 1991, effective July 1, 1991; renumbered by Ordinance No. 19939, enacted November 17, 1993, effective December 17, 1993; amended by Ordinance No. 20301, enacted November 10, 2003, effective December 10, 2003; Ordinance No. 20469, enacted December 15, 2010, effective June 17, 2011.)