Stormwater assessments.
Cape Coral Code of Ordinances § 22-4
in effect§ 22-4 - Stormwater assessments.
(a) Stormwater user fees. The Council is hereby authorized to impose stormwater user fees against property that utilizes the city's stormwater system.
(b) Annual stormwater resolution. During its budget adoption process and prior to September 15 of each year, the Council shall adopt an annual stormwater resolution for each fiscal year. If the proposed stormwater user fee for any parcel exceeds the maximum amount established in the previous year's annual stormwater resolution or if a stormwater user fee is imposed against property not previously subject thereto, the Council shall provide notice to the owner of the property and conduct a public hearing prior to adoption of the annual stormwater resolution. Failure to adopt an annual stormwater resolution during the budget adoption process for a fiscal year may be cured at any time.
(c) Lien of stormwater user fees.
(1) Upon adoption of the annual stormwater user fee resolution for each fiscal year, stormwater user fees to be collected under the Uniform Assessment Collection Act shall constitute a lien against the property equal in rank and dignity with the liens of all state, county, district or municipal taxes and other non-ad valorem assessments. Except as otherwise provided by law, the lien shall be superior in dignity to all other prior liens, titles and claims, until paid. The lien shall be deemed perfected upon adoption by the Council of the annual stormwater resolution and shall attach to the property included on the stormwater roll as of the prior January 1, the lien date for ad valorem taxes.
(2) Stormwater user fees to be collected under the alternative method of collection provided in § 22-6(b) hereof shall constitute a lien against the property equal in rank and dignity with the liens of all state, county, district or municipal taxes and other non-ad valorem assessments. Except as otherwise provided by law, the lien shall be superior in dignity to all other prior liens, titles and claims, until paid. The lien shall be deemed perfected on the date notice thereof is recorded in the official records of Lee County, Florida.
(d) Procedural irregularities. Any irregularity in the proceedings in connection with the levy of any stormwater user fee under the provisions of this Chapter 22 shall not affect the validity of the same after the approval thereof, and any stormwater user fee as finally approved shall be competent and sufficient evidence that the stormwater user fee was duly levied, that the stormwater user fee was duly made and adopted, and that all other proceedings adequate to the stormwater user fee were duly had, taken and performed as required by this Chapter 22; and no variance from the directions hereunder shall be held material unless it be clearly shown that the party objecting was materially injured thereby. Notwithstanding the provisions of this section, any party objecting to a stormwater use fee imposed pursuant to this Chapter 22 must file an objection with a court of competent jurisdiction within the time periods prescribed herein.
(e) Correction of errors and omissions.
(1) No act of error or omission on the part of the Council, Stormwater Director, Property Appraiser, Tax Collector, Clerk or their respective deputies, employees or designees shall operate to release or discharge any obligation for payment of any stormwater user fee imposed by the Council under the provisions of this Chapter 22.
(2) The number of ERUs attributed to a parcel of property may be corrected for the current fiscal year's assessed stormwater user fee in the manner prescribed in § 22-7 hereof. Any such correction which reduces a stormwater user fee shall be considered valid for the current year, and subsequent years, assessed stormwater user fee and shall in no way affect the enforcement of the stormwater user fee imposed under the provisions of this Chapter 22. Any such correction which increases a stormwater user fee or imposes a stormwater user fee on omitted property shall first require notice to the affected owner in the manner described in § 22-4(b) hereof, providing the date, time and place that the Council will consider confirming the correction and offering the owner an opportunity to be heard.
(3) After the stormwater user fee roll has been delivered to the Tax Collector in accordance with the Uniform Assessment Collection Act, any changes, modifications or corrections thereto shall be made in accordance with the procedures applicable to errors and insolvencies for ad valorem taxes.
(4) In the event any change, modification or correction is made in accordance with this section and the property owner shall have paid the stormwater user fee for the current fiscal year, then the city shall refund the difference between stormwater user fee paid and the stormwater user fee after the change, modification or correction is made for the current fiscal year assessed stormwater user fee.
(Ord. No. 43-17, § 1, 1-8-2018) (Ord. No. 43-17, § 1, 1-8-2018)
Source: City of Cape Coral, Florida, Code of Ordinances, City Charter and Land Development Code (Municode Library, library.municode.com)URL: https://library.municode.com/fl/cape_coral/codes/code_of_ordinances?nodeId=CH22STMAUT_S22-4STASFetched: 11/4/2026