Section 78-276. Findings, determinations and powers.

It is hereby found, determined, and declared that those elements of the stormwater system which provide for the collection, treatment and disposal of stormwater and regulation of groundwater are of benefit and provide services to all real property within the incorporated city limits, including property not presently served by the storm elements of the system. The beneficiaries of the system include all real properties within the City of Cape Canaveral which benefit by the provision, operation and improvement of the system. Such benefits may include, but are not limited to, the provision of adequate systems of collection, conveyance, detention, treatment and release of stormwater, the reduction of hazard to property and life resulting from stormwater runoff, improvement in general health and welfare through reduction of undesirable stormwater conditions, and improvement to the water quality in the storm and surface water system and its receiving waters.

The stormwater utility, under the direction of the stormwater utility director thereof, shall have the power to:

(1) Prepare regulations as needed to implement this article, and forward the same to the city council for consideration and adoption, and adopt such procedures as are required to implement said regulations or carry out other responsibilities of the utility;

(2) Administer the acquisition, design, construction, maintenance, and operation of the utility system, including capital improvements designated in the comprehensive drainage plan;

(3) Administer and enforce this article and all regulations and procedures adopted relating to the design, construction, maintenance, operation of the utility system including, but not limited to, the quantity, quality and/or velocity of the stormwater conveyed thereby;

(4) Inspect private systems as necessary to determine the compliance of such systems with this article and any regulations adopted under this article;

(5) Advise the city council, city manager and other city departments on matters relating to the utility;

(6) Prepare and revise a comprehensive drainage plan for adoption by the city council periodically;

(7) Review plans, approve or deny, inspect and accept extensions to the system;

(8) Establish and enforce regulations to protect and maintain water quality within the system in compliance with water quality standards established by state, regional and/or federal agencies as now adopted or hereafter amended;

(9) Analyze the cost of services and benefits provided, and the system and structure of fees, charges, fines and other revenues of the utility annually;

(10) Perform other duties related to the stormwater utility that are assigned by the city council and city manager.

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