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Stormwater ordinance repealed, new rule planned

Tom Hasslinger | Hagadone News Network | UPDATED 13 years, 10 months AGO
by Tom Hasslinger
| February 9, 2012 12:17 PM

COEUR d'ALENE - The city of Coeur d'Alene will hold off collecting one of its fees until it can craft a replacement ordinance that clearly states the city has power to do so.

The City Council voted unanimously during a Thursday workshop to repeal its stormwater ordinance in light of an Idaho Supreme Court decision that said the city of Lewiston's stormwater fee was more of a tax and therefore unconstitutional.

The city said it could take six to eight months to re-write the ordinance.

The city's legal team said they could clarify that the charge is legal by rewriting the ordinance to specify that the city can charge the fee based on service provided, as other fees are charged. Clarifying that cities have such power under Revenue Bond Act statues, which the Supreme Court decision didn't address, will also be explored.

By charging a stormwater fee, the city pays for stormwater upkeep that helps keep Lake Coeur d'Alene clean, and prevents city streets from flooding.

The fee charged residential homes is $4 a month.

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