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AN ORDINANCE AMENDING SEBRING CODIFIED ORDINANCE SECTION 937, et. seq. "STORM WATER MANAGEMENT"; WHEREAS, the Village of Sebring has recently adopted Sebring Codified Ordinances Section 937, et. seq. "Storm Water Management" in order to provide for the development and implementation of Storm Water Management Plans; and WHEREAS, the Council of the Village of Sebring has determined it is necessary to clarify and amend certain portions of Sebring Codified Ordinance Section 937, et. seq.; and THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE VILLAGE OF SEBRING, MAHONING COUNTY, OHIO, AS FOLLOWS: Section 1. That Section 937.02 of the Sebring Codified Ordinances is hereby amended as follows: 937.02 STORM WATER USER FEE COLLECTION The Storm Water User Fee shall be imposed effective January 1, 2006 and billed and collected quarterly (beginning with bills due the last billing day of April, 2006) with the Village's Water and Sewer Utility Bill for those properties within the corporate limits of the Village. The Storm Water User Fee will become part of the consolidated statement for the Village utility customers which is paid by a single payment. In the event that a partial payment is received, the payment shall be applied as follows: Storm Water Utility first, Sewer Charges second and Water Charges third. Section 2. That any prior inconsistent provision of Sebring Codified Ordinance Section 937.02 is hereby repealed. Section 3. Sebring Codified Ordinance Section 937.04 "Classification of Property" is hereby amended as follows: (a) Residential Property. A residential property is a structure or building or portion thereof, designed exclusively for use for residential purposes. (b) Commercial Property. A commercial property is a structure or building wherein an occupation, enterprise, undertaking or employer engages in the purchase, sale, barter or exchange of goods, wares, merchandise or services; or where there is the maintenance or operation of an office or offices for the exhibition, sale or offering of merchandise or services; or a structure or building which was designed for, but is currently vacant (or partially vacant) any of the above defined purposes. (c) Industrial Property. An industrial property is a structure or complex of structures or buildings located on one parcel wherein an enterprise or undertaking engages in the manufacture, assembling, production, or storage of goods, wares, merchandise or products; or property which is designed for, but is currently vacant (or partially vacant) any of the above defined purposes. Section 5. Sebring Codified Ordinance Section 937.05 is hereby amended as follow: 937.05 RATES. The Village Manager is directed to prepare a list of all lots and parcels within the Village, and assign a classification to each. The three classifications of property and the rates assigned to each classification shall be as follows: (a) Class A-Residential Property: $3.00 per month (b) Class B-Commercial Property: $10.00 per month (c) Class C-Industrial Property: $15.00 per month For purposes of this section, Residential Properties which are used solely for single family residences and/or duplexes will be classified as "Class A-Residential Property". Condominium units which have one or two single family residences within a condominium unit shall be billed as Class A-Residential Property at the rate of $3.00 per month per condominium unit. Multi-family apartment complexes housing three or more single family residences shall be classified as Class B-Commercial Property and will be billed $10.00 per month as a single commercial property. The downtown business district including occupied and vacant buildings, storage buildings and multiple use (residential/commercial) shall be classified as Commercial Properties and will be billed $10.00 per month per commercial business. All industrial zoned properties, whether occupied, vacant, partially vacant or used for storage shall be classified as Class C Industrial Properties and will be billed $15.00 per month. Copeland Oaks Retirement Community which consists of both commercial and residential properties shall be classified by the Village Manager as Class A properties or Class B properties in accordance with the provisions set forth above and will be billed accordingly. Section 6. That any prior inconsistent provision of Sebring Codified Ordinance Section 937.05 is hereby repealed. Section 7. That all other provisions of Sebring Codified Ordinance Section 937 et. seq. which are not specifically modified or amended herein shall remain in full force and effect. The effective date of this Ordinance and its Amendments shall remain January 1, 2006. Section 8. That it is FOUND and DETERMINED that all formal actions of this Council relating to the passage of this Ordinance or adopted in an open meeting of this Council, and that all deliberations of this Council and of any of its committees which resulted in such formal actions were made in compliance with all legal requirements, including those of Section 121.22 of the Ohio Revised Code, all pursuant to Section 3.11 of the Charter of the Village of Sebring. Section 9. That this Ordinance is hereby determined to be an EMERGENCY MEASURE, necessary for the immediate preservation of the public health, safety and welfare of the citizens of the Village of Sebring, Ohio and for the further reason that the above clarifications and amendments are necessary to assist the Village Manager in a uniform classification and application of the storm water management utility.
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