City of Hampton, Virginia
Ordinance - Coded
22 Lincoln Street
Hampton, VA 23669
Enactment Number: 13-0010
An Ordinance To Amend And Reenact
Chapter 33.1 Stormwater Management, Of The Code Of The City Of Hampton,
Article II, Service Charges And Revenues, Section 33.1-21 Same-Billing,
Payment, Interest, Fee And Lien to Increase the Stormwater User Fee
ORDAINED by the
City Council of Hampton, Virginia, that the Code of the City of Hampton,
Virginia, be amended and re-enacted to read as follows:
33.1 Stormwater Management, ARTICLE II Service Charges and Revenues
Sec. 33.1-21. - SameBilling,
payment, interest, fee and lien.
(a) The levied service charge
shall be billed, due and payable in two (2) equal installments. The first
installment shall be due on or before the fifth (5th) day of December and the
second installment shall be due on or before the fifth (5th) day of June. Any parcel
or dwelling unit owner who has remitted payment of the service charges and
believes that it is incorrect may submit an adjustment request as provided for
in this article.
(b) The service charge is to be
paid by the owner of each parcel or dwelling unit that is subject to the
charge. The owner of each parcel or dwelling unit in the city, except
undeveloped property, shall be mailed a statement for the stormwater service
charges. The statements shall include a date by which payment shall be due. All
statements shall be mailed at least thirty (30) days prior to the payment due
date stated thereon. Payments received after the due date of the bill shall be
subject to interest as established in this article.
(c) The service charge due the
city from property owners for stormwater management shall be based on the ERU
rate of eighty-three dollars and eighty-eight cents ($83.88) per ERU per year.
When applicable, the service charge shall be prorated at six dollars and ninety-nine
cents ($6.99) per ERU per month.
(d) Any bill which has not been
paid by the due date shall be deemed delinquent. Unpaid service charges and
accrued interest shall constitute a lien against the property, ranking on a
parity with liens for unpaid taxes. All charges and interest due may be
recovered by action at law or suit in equity. For delinquent charges, interest
thereon shall commence on the first day of July following the due date and
shall accrue at the rate of up to ten (10) percent per annum until such time as
the delinquent charges and accrued interest are paid.
(e) When previously undeveloped
properties are brought into the system or in the event of alterations or
additions to developed nonresidential property that alter the amount of
impervious surface, a service charge will accrue, as determined by the
director, upon substantial completion of the improvements or, in the event
completion of the improvements is not diligently pursued, upon establishment of
the impervious area or dwelling units that affect stormwater runoff. A statement
will be issued and such charges will be prorated for the number of months for
which the parcel is subject to the service charge.
the regular meeting of the City Council of the City of Hampton, Virginia, held
on May 8, 2013.
Signed by ____________________________ Date
Molly Joseph Ward, Mayor
Attested by ____________________________ Date _________________
Katherine K. Glass, CMC
Clerk of the Council