ORDINANCE NO. 9492

AN ORDINANCE OF THE CITY OF LAWRENCE, KANSAS, AMENDING CHAPTER 16, ARTICLE 5, SECTIONS 16-503, 16-507, AND 16-512, OF THE CODE OF THE CITY OF LAWRENCE, KANSAS, 2018 EDITION AND AMENDMENTS THERETO, PERTAINING TO STORMWATER UTILITY AND MANAGEMENT, AND REPEALING EXISTING SECTIONS 16-503, 16-507, AND 16-512.

BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF LAWRENCE, KANSAS:

SECTION 1. Chapter 16, Article 5, Section 16-503, of the Code of the City of Lawrence, Kansas 2018 Edition and amendments thereto, is hereby amended to read as follows:

16-503             STORM WATER UTILITY; ADMINISTRATION PROVISIONS; STORM WATER UTILITY FUND.

Pursuant to Charter Ordinance No. 28, there is hereby created the Storm Water Utility. The Utility shall be a division of the Department of Public Works Municipal Services and Operations Department, and shall have such responsibilities for the City's stormwater system as the Governing Body may determine from time to time appropriate and prudent given the resources generated by the Storm Water System Drainage Charge. (Ord. 6895)

SECTION 2. Chapter 16, Article 5, Section 16-507, of the Code of the City of Lawrence, Kansas 2018 Edition and amendments thereto, is hereby amended to read as follows:

16-507             APPEAL OF ADMINISTRATIVE DETERMINATION OF STORM WATER SYSTEM DRAINAGE CHARGE.

(A)       Any person seeking to appeal the administrative determination of the storm water system drainage charge imposed pursuant to this ordinance on property or an account held by such person may seek an appeal of such administrative determination pursuant to the provisions of this Section.

(B)       Such an appeal must be in writing on a form prescribed by the Director of Finance and presented to the Director of Finance within thirty (30) days of the City's mailing of the storm water system drainage charge bill. The appeal must provide the following information: the location of the property subject to the Charge, the name, address, and other contact information of the appellant.

(C)       The Director of Finance shall transmit the written appeal to the Director of Public Works the Municipal Services and Operations Department who shall schedule a hearing on the appeal within thirty (30) days of the Director of Finance's receipt of the written appeal.

(D)       The Director of Public Works the Municipal Services and Operations Department, or such qualified hearing officer as the Director may designate, shall conduct a hearing on the appeal. The appellant may waive the right for a hearing on the appeal. The appellant shall be provided the opportunity to present written information and make a verbal presentation at the hearing. The Director of Public Works the Municipal Services and Operations Department shall make a written finding on the appeal within forty-five (45) days of the hearing.

(E)       The failure to appeal a Stormwater Drainage Charge within six (6) months of the mailing of the stormwater drainage charge bill shall foreclose 1) any and all rights to appeal the determination of such individual charge or charges for the property; and 2) the authority of the City to provide a complete or partial refund for inappropriately determined stormwater drainage charges. The failure to timely appeal a specific stormwater drainage charge bill shall not foreclose the right to appeal stormwater drainage charges which may be charged in the future on the property. (Ord. 6895)

SECTION 3. Chapter 16, Article 5, Section 16-512, of the Code of the City of Lawrence, Kansas 2018 Edition and amendments thereto, is hereby amended to read as follows:

16-512             APPEALS FROM STORMWATER MANAGEMENT CRITERIA REQUIREMENTS.

Any person aggrieved by any requirement established in the Stormwater Management Criteria may appeal the requirement pursuant to this Section. The appellant shall provide a written appeal request to the Director of Public Works the Municipal Services and Operations Department within ten (10) days of the action or application of the Stormwater Management Criteria requirement to a particular property or activity. The Director of Public Works the Municipal Services and Operations Department, or his or her designee, shall schedule a hearing within ten (10) days of receipt of the appeal request, at which time the appellant may present relevant evidence concerning the appeal. The hearing may be waived by the appellant, and the hearing may be continued by the Director as may be necessary. The Director, or the Director's designee, shall make appropriate findings concerning the appeal, and may, after consideration of all relevant evidence: 1) Sustain the appeal, 2) Deny the appeal, or 3) Sustain the appeal with appropriate conditions and requirements. The decision of the Director of Public Works the Municipal Services and Operations Department concerning the appeal shall be final. (Ord. 6778)

SECTION 4. Existing Chapter 16, Article 5, Sections 16-503, 16-507, and 16-512, of the Code of the City of Lawrence, Kansas, 2018 Edition, and amendments thereto, are hereby repealed in their entirety, it being the intent of the Governing Body that this ordinance supersede the repealed Code sections.

SECTION 5. If any section, sentence, clause, or phrase of this ordinance is found to be unconstitutional or is otherwise held invalid by any court of competent jurisdiction, it shall not affect the validity of any remaining parts of this ordinance. 

SECTION 6. After passage, approval, and publication, as provided by law, this ordinance shall be in full force and effect commencing January 1, 2019.

PASSED by the Governing Body of the City of Lawrence, Kansas, this _ day of __________, 2018.

APPROVED:

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Stuart Boley, Mayor

ATTEST:

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Sherri Riedemann, City Clerk

APPROVED AS TO FORM:                   

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Toni R. Wheeler, City Attorney