Chapter 13.30
STORM DRAINAGE SYSTEM

Sections:

13.30.010    Definitions.

13.30.020    Clean Water Services of Washington County rules adopted.

13.30.030    Storm drainage fund.

13.30.040    Collection of surface water management user charge.

13.30.050    Violation declared a nuisance – Immediate remedial action required.

13.30.060    Penalty.

13.30.010 Definitions.

As used in this chapter and CMC 10.30.190, “responsible party” means the person responsible for curing or remedying a violation of this chapter, which includes:

(A) The owner of the property, or the owner’s manager or agent or other person in control of the property on behalf of the owner;

(B) The person occupying the property, including lessee, tenant or other person having possession;

(C) The person who is alleged to have committed the acts or omissions, created or allowed the condition to exist, or placed or transported the eroding soil. [Ord. 717 § 1, 1991; Code 2000 § 4.305.]

13.30.020 Clean Water Services of Washington County rules adopted.

Clean Water Services of Washington County Resolution and Order No. 01-34 are adopted and shall be in force and effect as part of this code. The city manager, without prior council approval, may adopt and enforce amendments and revisions to these resolutions and orders promulgated by the agency for a single temporary period not to exceed 90 days. [Ord. 809 § 1, 2000; Code 2000 § 4.310; amended during 2007 recodification.]

13.30.030 Storm drainage fund.

There is hereby established a storm drainage fund, and the recorder is authorized and directed to deposit and transfer into the fund all money received by the city and dedicated to use for storm drainage purposes. [Ord. 717 § 3, 1991; Code 2000 § 4.315.]

13.30.040 Collection of surface water management user charge.

The surface water management user charge established by the unified sewerage agency shall be collected by the city on behalf of the agency from those persons made responsible for payment by agency ordinances, resolutions and orders with the monthly water bill of water customers of the city, and collection shall be subject to all delinquencies and collection procedures established for water customers of the city. In the event that the monthly surface water management user charge is not paid prior to becoming delinquent, the city manager is authorized to disconnect the water service to any premises subject to the payment of the user charge. The city manager shall establish a collection procedure for persons subject to the user charge that are not water customers that is similar to the procedures used for water bill collection. [Ord. 717 § 4, 1991; Code 2000 § 4.320.]

13.30.050 Violation declared a nuisance – Immediate remedial action required.

A violation of the provisions of the resolution and orders adopted by CMC 13.30.020 is declared to be a public nuisance. If the city manager determines that there has been a violation that causes an immediate danger to the public health, safety or welfare, the manager may require immediate remedial action by the responsible party. If the city manager is unable to serve a notice of violation on the responsible party or, if after such service the responsible party refuses or is unable to remedy the violation, the city may proceed to remedy the violation as provided in CMC 8.10.160. [Ord. 717 § 5, 1991; Code 2000 § 4.325.]

13.30.060 Penalty.

(A) A finding of a violation of CMC 13.30.020 and imposition of a fine pursuant to this code shall not relieve the responsible party of the duty to abate the violation. A civil fine imposed pursuant to this section is in addition to and not in lieu of any other remedies available to the city.

(B) If a provision of CMC 13.30.020 is violated by a firm or corporation, the officer or officers, or person or persons responsible for the violation shall be subject to the penalties imposed by this code. [Ord. 717 § 6, 1991; Ord. 745 § 5, 1994; Code 2000 § 4.330.]