§ 17-109. Sewer benefit assessment regulations.

(a)

Costs to be recovered. Benefit assessments to be levied on the lands and buildings, and the owners thereof, subject thereto within each sewer district will be determined on the basis of recovering:

(1)

Sixty-six and two-thirds (66 2/3 ) percent of all costs incidental to the design and construction of the lateral sewers, and one hundred (100) percent of the costs of design and construction of substreet service connections thereto serving such sewer district;

(2)

Such portions of all costs incidental to the design and construction of the appurtenant sewerage facilities serving such sewer district as the sewer commission shall determine; plus

(3)

The product of six hundred dollars ($600.00) multiplied by the number of subgrade residential buildings (as defined in subsection (f) situated within such sewer district.

(b)

Lands, buildings and owners subject to benefit assessments. The lands and buildings, and the owners thereof, subject to benefit within each sewer district shall be all of the lands and buildings situated within such sewer district, and the owners thereof.

(c)

Method.

(1)

The total costs to be recovered with respect to each sewer district, less the costs incidental to the design and construction of the individual substreet service connections to the lateral sewers, will be divided into four (4) parts as follows:

a.

Costs to be recovered on the basis of front footage (hereinafter "total front footage charges"), twenty-five (25) percent.

b.

Costs to be recovered on the basis of land area (hereinafter "total land area charges"), twenty-five (25) percent.

c.

Costs to be recovered on the basis of the number of units (hereinafter "total unit charges"), twenty-five (25) percent.

d.

Costs to be recovered on the basis of property value assessment (hereinafter "total property value assessment charges") twenty-five (25) percent.

(2)

The total frontage charges for such sewer district will be divided by the total assessable front footage (determined as hereinafter provided) of lands situated within such sewer district; the quotient being the benefit assessment per assessable front foot for such sewer district.

(3)

The total land area charges for such sewer district will be divided by the total assessable square footage (determined as hereinafter provided) of lands situated within such sewer district the quotient being the benefit assessment per assessable square foot for such sewer district.

(4)

The total costs incidental to the design and construction of the individual substreet service connections to the lateral sewers serving such sewer district will be divided by the total number of such service connections installed within such sewer district; the quotient being the benefit assessment per service connection for such sewer district.

(5)

The total unit charges for such sewer district will be divided by the assessable units (determined as hereinafter provided) of the lands situated within such sewer district; the quotient being the benefit assessment per assessable units for such sewer district.

(6)

The total property value assessment charges for such sewer district will be divided by the assessable property value (determined as hereinafter provided) of the lands situated within such sewer district; the quotient being the benefit assessment per assessable property value for such district.

(7)

The benefit assessment to be levied on each piece or parcel of land, the buildings thereon and the owner or owners thereof situated within such sewer district will be the sum of:

a.

The product of the assessable front footage of such land multiplied by the benefit assessment per assessable front foot for such sewer district; plus

b.

The product of the assessable square footage of such land multiplied by the benefit assessment per assessable square foot for such sewer district; plus

c.

The product of the number of substreet service connections to lateral sewers serving such land multiplied by the benefit assessment per service connection for such sewer district.

d.

The product of the assessable units of such land multiplied by the benefit assessment per assessable unit for such sewer district; plus

e.

The product of the assessable property value of such land multiplied by the benefit assessment per assessable property value for such sewer district.

(d)

Assessable front footage. Subject to reasonable allowances by the water pollution control authority for particular situations, the assessable front footage of each piece or parcel of land will be determined as follows:

(1)

For each piece or parcel of land whose side lines are unparallel to the extent that the width of the piece of land measured along the remotest line parallel to the front line that can be drawn within the bounds of such piece or parcel of land (or if such line is more than one hundred fifty (150) feet distant, perpendicularly from such front line, along a line parallel to the front line and one hundred fifty (150) feet distant, perpendicularly from it differs from the width of the piece or parcel of land measured along its front line by more than ten (10) percent of such front line width, the assessable front footage of such piece or parcel of land will be the width of the piece or parcel of land measured along its front line adjusted in accordance with the following procedure:

a.

If the front line is longer than the rear line or the line one hundred fifty (150) feet distant, parallel to the front line the adjusted front footage shall be the sum of the length of the rear line (or the line one hundred fifty (150) feet distant parallel to the front line) and two-thirds of the difference in length of the front line and the rear line (or the line one hundred fifty (150) feet distant, parallel to the front line.)

b.

If the front line is shorter than the rear line (or the line one hundred fifty (150) feet distant, parallel to the front line), the adjusted front footage shall be the sum of the length of the front line and one-third of the difference in length of the rear line (or line one hundred fifty (150) feet distant, parallel to the front line) and the front line.

(2)

For each other piece or parcel of land, the assessable front footage will be the width of the piece or parcel of land measured along its front line.

(3)

Double frontage parcels. A piece or parcel of land which abuts street lines on two (2) noncontiguous bounds will be deemed to have two (2) front lines for purposes of determining assessable front footage only if such piece or parcel of land may be divided into usable lots fronting on both streets in conformity with the zoning ordinance of the city.

(4)

Corner parcels. The assessable front footage of a piece or parcel of land which abuts street lines on two (2) or more contiguous bounds is not deemed to have two (2) front lines under subsection (d)(3) of this section for purposes of determining assessable front footage will be the length of the shortest abutting street line (adjusted in accordance with subsection (d)(1) of this section, when the conditions described therein are met, if it is assumed that the shortest abutting street line is the front line of such piece or parcel of land) plus the number of feet, if any, by which the longest abutting street line exceeds three hundred (300) feet. When two (2) abutting contiguous street lines are connected by a short-radius curve, one-half of the are length of that curve will be deemed a part of the length of each of the contiguous street lines.

(e)

Assessable square footage. Subject to reasonable allowances by the water pollution control authority for particular situations, the assessable front footage of each piece or parcel of land will be determined as follows:

(1)

Residence districts. The assessable square footage of each piece or parcel of land situated within any residence district under the zoning ordinance of the city will be the area of that portion of the piece or parcel of land lying between its front line and a line drawn parallel to the front line and two hundred (200) feet distant, perpendicularly, from it.

(2)

Commercial districts and industrial districts. The assessable square footage of each piece or parcel of land situated within any commercial district, or any industrial district under the zoning ordinance of the city will be the area of that portion of the piece or parcel of land lying between its front line and a line drawn parallel to the front line and four hundred (400) feet distant, perpendicularly, from it.

When any point on the principal building situated on a piece or parcel of land described in subsection (e)(1) or (e)(2) of this section is not located within the area prescribed by such subsection for determining assessable square footage, the assessable square footage of the piece or parcel of land will be the area of that portion of the piece or parcel of land lying between its front line and a line drawn parallel to the front line and distant, perpendicularly, from it a distance equal to the greatest perpendicular distance between the front line and any point on such principal building.

(f)

Subgrade residential buildings. When the invert grade of the sewer serving an existing one-family residence is at an elevation such that the principal living level of the residence cannot be served by a gravity-flow connection, the benefit assessment to be levied on the piece or parcel of land upon which the residence is situated, on the residence and other buildings thereon and the owner or owners thereof, determined in accordance with subsection (c)(3) of this section, will be reduced in the amount of six hundred dollars ($600.00).

(g)

Assessable units. Subject to reasonable allowances by the commission for particular situations, the assessable unit(s) of each piece or parcel of land will be determined as follows: See sections 17-112 and 17-113, pertaining to sewage use charge policy, (Ordinance No. 266), adopted March 8, 1976, as amended November 1, 1986.

(h)

Assessable property value. Subject to reasonable allowances by the commission for particular situations, the assessable property value of each piece or parcel of land will be determined by the method of value assessment the city uses in the calculation of property value for purposes of municipal tax liability.

(Ord. No. 217, §§ 9.01—9.06, 4-8-74; Ord. No. 576, 3-8-90)