Chapter 18.03
SANITARY SEWER

Sections:

18.03.010    Title – Codification.

18.03.020    Intent.

18.03.030    Authority.

18.03.040    Permits required.

18.03.050    Administration.

18.03.060    Director – Duties.

18.03.070    Director – Authority.

18.03.080    Application for service.

18.03.090    City/user responsibility.

18.03.100    Inspection – Powers and authority.

18.03.105    Connection to sanitary sewer system required.

18.03.110    Additions, betterments, extensions – Compliance with sewer comprehensive plan.

18.03.120    Additions, betterments, extensions – Financing.

18.03.130    Additions, betterments, extensions – Procedure.

18.03.140    Additions, betterments, extensions – Construction.

18.03.150    Additions, betterments, extensions – Maintenance.

18.03.180    Repealed.

18.03.190    Additions, betterments, extensions – Oversizing.

18.03.195    Sewer system – Prohibited.

18.03.200    Rates – Determination criteria.

18.03.210    Rates – Users within city limits.

18.03.215    Utility tax.

18.03.220    Rates – Users outside city limits.

18.03.225    Low-income senior citizen discount.

18.03.230    Rates – User in two or more classes.

18.03.240    Rates – Buildings housing two or more classes.

18.03.250    Service to municipal departments and facilities.

18.03.260    Rate computation – Rounding off.

18.03.270    Rates – Application.

18.03.280    Billing – Payment.

18.03.281    Combined utility billing.

18.03.290    Delinquent account collection.

18.03.300    Rates, charges, classifications.

18.03.310    Sewer main connection charge.

18.03.320    Sewer system facility charges.

18.03.330    Property to be provided service.

18.03.340    Sanitary side sewer – Permit required.

18.03.350    On-site sewage system – Permit required.

18.03.360    Sanitary side sewer permit fees.

18.03.370    Sanitary side sewer inspection.

18.03.380    Sanitary side sewer “as-built.”

18.03.420    Sanitary side sewer – Elevation to prevent backups.

18.03.430    Sanitary side sewer – Connection to more than two buildings.

18.03.450    Sanitary side sewer – Bedding and trenching.

18.03.460    Sanitary side sewer – Waterfront.

18.03.470    Sanitary side sewer – Grade, easement – Waivers.

18.03.480    Sanitary side sewer – Special conditions.

18.03.500    Connection – Notice to owner – Failure to comply.

18.03.510    Prohibited substances designated – Discharge unlawful.

18.03.530    Traps – Installation – Maintenance.

18.03.540    Preliminary treatment – Maintenance.

18.03.550    Adherence to METRO standards applicable to wastes discharged.

18.03.560    Swimming pools – Drainage of large volumes of water into sewer.

18.03.570    Compliance with provisions required – Violation procedure.

18.03.580    Manholes – Tampering with covers – Diverting substances into.

18.03.590    Trees and shrubbery – Designated species prohibited – Removal procedure.

18.03.600    Stop work order.

18.03.610    Utility tax.

18.03.010 Title – Codification.

This code shall be referred to as the Bothell sanitary sewer code and shall be codified as Chapter 18.03 BMC. (Ord. 1634 § 1, 1996; Ord. 1030 § 1, 1982).

18.03.020 Intent.

This code is intended to establish rates and charges which shall be uniform for the same class of customer or service, to establish methods of development and construction, and to comply with the provisions of Chapter 35.92 RCW, Municipal Utilities. (Ord. 1634 § 1, 1996; Ord. 1030 § 1, 1982).

18.03.030 Authority.

This code constitutes an exercise of the police power of the city to promote the public health, safety and welfare and its provisions shall be liberally construed for the accomplishment of that purpose. (Ord. 1634 § 1, 1996; Ord. 1030 § 1, 1982).

18.03.040 Permits required.

No person shall make any additions, betterments or extensions to the existing sewer system without first obtaining a permit to do so. The following permits apply to such work:

A.    Utility Permit. A utility permit shall be required whenever sewer system additions, betterments or extensions are made.

B.    Sanitary Side Sewer Permit. A sanitary side sewer permit shall be required for the construction of any storm drainage side sewer or on-site storm drainage system.

C.    A utility permit and side sewer permit shall expire two years from the date of issuance; except that permits issued through December 31, 2011, shall expire four years from the date of issuance. The director is authorized to approve a request for an extended expiration date where a construction schedule is provided by the applicant and approved prior to permit issuance.

D.    Every permit which has been expired for less than one year may be renewed for a period of one year for an additional fee, based on the valuation of the work remaining, as long as no changes have been made to the originally approved plans. For permits that have been expired for longer than one year, a new permit must be obtained and full new fees paid. No permit shall be renewed more than once. (Ord. 2043 § 2 (Exh. B), 2010; Ord. 1634 § 1, 1996).

18.03.050 Administration.

The Bothell sanitary sewer utility is established. The officers and other employees shall consist of the public works director and such other personnel as the city council may from time to time deem necessary for the efficient administration of the department. (Ord. 1634 § 1, 1996).

18.03.060 Director – Duties.

The duties of the public works director shall be to oversee and superintend the operation and maintenance of the sewer system, the making of all repairs, the construction of all extensions, additions and all construction work whatsoever in connection with the present sewer system and any new system that may be established. (Ord. 1634 § 1, 1996; Ord. 1030 § 1, 1982).

18.03.070 Director – Authority.

The public works director is vested with authority to promulgate reasonable rules and regulations respecting the conduct and operation of the sewer department and relations between the sewer department users. Should any question arise which is not expressly provided for in this code, the public works director shall have full authority to decide such questions, and such decisions shall be final. (Ord. 1634 § 1, 1996; Ord. 1030 § 1, 1982).

18.03.080 Application for service.

A.    The city shall not furnish sewer service to any premises unless an application has been made, in writing, on a form provided by the department of public works. The application shall be on file in the department of public works and contain the following information:

1.    Name of owner of premises to be served;

2.    Address of the premises to be served;

3.    Size of proposed service to the premises;

4.    Front footage of premises abutting sewer main, plus square footage of property;

5.    Complete legal description of property to be served.

B.    The right of any applicant to connect to the city’s sewer system and the public works director to so permit shall be limited by the provisions of Resolution No. 544, as amended by Resolution No. 1180 (2005) on December 19, 2005, regarding annexation to the city and any other official policy, whether or not embodied in a resolution or ordinance, which limits connection to city facilities for service outside the limits of the city. The filing of such application shall not bind the city to furnish sewer service, and the city expressly reserves the right to refuse service. Any person filing an application for sewer service agrees to be bound by all sewer service charges, rules and regulations of the city as are then in effect and as they may thereafter be adopted or amended. (Ord. 1954 § 1, 2005; Ord. 1634 § 1, 1996; Ord. 1030 § 1, 1982).

18.03.090 City/user responsibility.

The city shall use reasonable diligence and care to maintain free flow of sewage and to avoid any interruption in service. The use of the sewer upon the premises of the user shall be at the risk of the user, and the responsibility and the liability of the city shall cease at the connection of the side sewer to the main. The property owner shall not block accessibility to any utility structures of appurtenances. (Ord. 1634 § 1, 1996; Ord. 1030 § 1, 1982).

18.03.100 Inspection – Powers and authority.

The public works director or their designee bearing proper credentials and identification shall be permitted, during city business hours, to enter all parts of buildings or premises to which sewer service is being supplied by the city for the purpose of inspecting the condition of pipes and related apparatus. It is unlawful for any person to prevent or attempt to prevent any such entrance or to obstruct or to interfere with any such officer or employee while so engaged. (Ord. 1634 § 1, 1996; Ord. 1030 § 1, 1982).

18.03.105 Connection to sanitary sewer system required.

A.    All new developments shall connect to the public sanitary sewer system, except as follows:

1.    Existing single-family parcels where no public sewer is available within 330 feet of the property line, as measured along the usual and most feasible route as defined by the public works director.

2.    Single-family dwelling units on newly created lots, parcels and tracts created by the short subdivision process may be served by an on-site sewage system when approved by the King or Snohomish County health department and when the property is more than 330 feet from an existing public sewer system, as measured along the usual or most feasible route as defined by the public works director.

B.    When a public sewer system becomes available along the frontage of a parcel, that parcel shall connect to that public sewer system within five years.

C.    If connection to a public sanitary sewer system is not required per this title, then an on-site sewage system shall be constructed and maintained as approved by the King or Snohomish County health department.

D.    Connection of any existing dwelling unit or other premises with a failing on-site sewage system, as defined by the King or Snohomish County health department, shall be made to a public sewer system. (Ord. 1998 § 1, 2008; Ord. 1634 § 1, 1996).

18.03.110 Additions, betterments, extensions – Compliance with sewer comprehensive plan.

Additions, betterments and extensions to the existing sewer system of the city shall be made in accordance with the sewer comprehensive plan and the Bothell Standards adopted by the city council. Any extension shall connect to the nearest or most feasible sewer line and shall be extended across the subject property or parcel as defined by the director of public works to the most logical location for future connection by others. (Ord. 1634 § 1, 1996; Ord. 1030 § 1, 1982).

18.03.120 Additions, betterments, extensions – Financing.

The cost of making additions, betterments and extensions to the existing sewer system may be paid from such sources and by such means as the city council from time to time may direct, in accordance with the provisions of the laws of the state as the same now exist or as they may hereafter be amended. (Ord. 1634 § 1, 1996; Ord. 1030 § 1, 1982).

18.03.130 Additions, betterments, extensions – Procedure.

No additions, betterments or extensions to the sewer system shall be made unless complete plans drawn in accordance with the comprehensive sewer plan and the Bothell Standards and have been approved by the director of public works and a permit has been issued for the work. The procedure includes:

A.    The proposed addition, betterment or extension shall be designed by a licensed professional engineer.

B.    The applicant must obtain a permit prior to the commencement of any work.

C.    The developer shall pay all costs and fees including but not limited to engineering review, inspection of construction, permit fees and legal costs.A deposit, including but not limited to estimated engineering, inspection and legal costs, shall be posted with the department of public works upon submittal of the construction drawings. Any cost differential between the estimated and the actual cost incurred shall be paid to the city upon demand. If the deposit is more than the actual cost incurred, the city shall refund any unused portion to the developer.

D.    A performance bond, in a form approved by the city attorney, and written by a surety authorized to do business in the state, shall be provided prior to the issuance of the permit.

E.    If any work is to be performed in the public right-of-way, an appropriate right-of-way invasion permit must be obtained and a surety bond and insurance must be provided to the city. The insurance type and amount shall be specified by the director of public works. The insurance shall name the city as an additional insured, shall be primary to any other insurance available to the city and shall not be cancelable without 30 days’ prior written notice to the city. (Ord. 1634 § 1, 1996).

18.03.140 Additions, betterments, extensions – Construction.

All additions, betterments and extensions shall be designed and constructed to comply with Bothell Standards. The developer shall, before city acceptance of the construction, convey the same to the city in a form satisfactory to the city. Such conveyance shall contain the owner’s warranty of good title and the right to convey the same free and clear of all claims or other encumbrances and a warranty that the facilities as constructed are of the type, character and construction per plans, functioning and operating as an integral part of the storm drainage system. In the event any portion of such construction is situated on private property, the developer shall be required to procure private easements, fully executed and acknowledged, in a form satisfactory to the city. (Ord. 1634 § 1, 1996).

18.03.150 Additions, betterments, extensions – Maintenance.

Prior to release of any construction bond or surety, the developer shall covenant to replace, repair or correct any defect in workmanship or materials in the conveyed facilities that shall occur or otherwise arise during a period of two years following date of acceptance by the city, and shall provide a bond to secure the covenant. The applicant shall further waive and release the city from any and all future claims for damages on behalf of himself and his successors in interest which may be suffered by reason of connection to the water system. The bond shall be in a form acceptable to the city attorney. (Ord. 1634 § 1, 1996).

18.03.180 Additions, betterments, extensions – Reimbursement contracts.

Repealed by Ord. 2199. (Ord. 1634 § 1, 1996; Ord. 1030 § 1, 1982).

18.03.190 Additions, betterments, extensions – Oversizing.

Sewer mains to be installed by developers shall be oversized at the request of the city if the sewer comprehensive plan calls for a larger main than is needed for service to the property being developed. The city shall enter into a reimbursement agreement to pay for the oversizing. The developer shall provide the city an itemized accounting of construction costs for the sewer main extension constructed, together with an estimated cost of pipe and other materials of the size which would serve the development. The developer shall also provide certification that all material and labor charges have been paid. (Ord. 1634 § 1, 1996; Ord. 1030 § 1, 1982).

18.03.195 Sewer system – Prohibited.

Community on-site sewage systems are expressly prohibited. (Ord. 1634 § 1, 1996; Ord. 1138 § 6, 1984).

18.03.200 Rates – Determination criteria.

In classifying customers served or sewer service furnished by the city, the city council may in its discretion consider any or all of the following factors: the difference in cost of service to various customers; the location of the various customers within and without the city; the difference of cost of maintenance, operation, repair and replacement of the various parts of the system; the different character of service furnished various customers; the quantity of water used by various customers; capital contributions made to the sewer system, including but not limited to assessment; and any other matters which constitute a reasonable ground for distinction. (Ord. 1634 § 1, 1996; Ord. 1030 § 1, 1982).

18.03.210 Rates – Users within city limits.

The director of public works is authorized to adopt administrative procedures for the purpose of administering the provisions of this chapter, including the procedure for annual calculation of average winter water consumption. The following charges shall be made by the city for furnishing sewer service within the city limits:

A.    Class I. Single-family residence: $119.27 every two months for each housekeeping unit, together with an additional charge measured by multiplying the annualized winter-average water usage (AWWU) from the prior year which exceeds 200 cubic feet per month by $3.95 per 100 cubic feet of excess. The winter period for this purpose is defined as November 1st through June 30th. The resulting AWWU will be the basis for such customer’s monthly sewer rate for the following calendar year.

B.    Class II. All commercial uses, which includes all uses not otherwise defined in Class I, Class III, Class IV and Class V: A minimum bi-monthly charge of $152.28 plus a customer equivalent charge measured by multiplying the water consumption and each occupancy which exceeds 750 cubic feet in any month by $9.76 per 100 cubic feet of excess.

C.    Class III. Public and private schools: A minimum bi-monthly charge of $152.28 per school together with an additional charge each month at the rate of $9.76 per 100 cubic feet in excess of 750 cubic feet per month of water consumption per separate building; provided, however, during the months when school is not in session for the entire month, the bi-monthly charge shall be $304.51 per school.

D.    Class V. Multiple unit residences, including duplexes, triplexes, fourplexes, hotels, motels, cabins, apartments, condominiums and all of their housekeeping units, except mobile home parks: A minimum bi-monthly charge of $152.28 plus a customer equivalent charge measured by multiplying the water consumption which exceeds 750 cubic feet in any month by $9.76 per 100 cubic feet of excess.

E.    In special cases, single-family residents will be billed according to the following policies:

Special Case:

Sewer Rate Policy:

New homes

Billed at system average charge until use is established.

Changes in property ownership

Billed only system average charge until use is established.

Changes in tenancy

Billed only system average charge until use is established.

Non-water customers

Billed at system average charge.

Leak adjustments

Billed per adjusted winter volume. City will factor water leak adjustment into calculation for sewer rate.

F.    Utility Tax. All charges set forth in this section shall be subject to the city’s utility tax as set forth in BMC 5.08.020, which are not included in charges shown in this section. (Ord. 2202 § 1, 2016; Ord. 2186 § 1, 2015; Ord. 2177 § 1, 2015; Ord. 2159 § 1, 2014; Ord. 2129 § 1, 2013; Ord. 2105 § 1, 2012; Ord. 2080 § 1, 2011; Ord. 2050 § 1, 2010; Ord. 2000 § 1, 2008; Ord. 1966 § 1, 2006; Ord. 1933 § 1, 2004; Ord. 1917 § 1, 2003; Ord. 1888 § 1, 2002; Ord. 1861 § 1, 2001; Ord. 1828 § 1, 2000; Ord. 1716 § 1, 1997; Ord. 1669 § 1, 1996; Ord. 1634 § 1, 1996; Ord. 1617 § 1, 1996; Ord. 1536 § 1, 1993; Ord. 1492 § 1, 1992; Ord. 1449 § 1, 1991; Ord. 1402 § 1, 1990; Ord. 1361 § 2, 1989; Ord. 1323 § 1, 1989; Ord. 1290 § 1, 1987; Ord. 1243 § 1, 1987; Ord. 1191 § 1, 1985).

18.03.215 Utility tax.

All charges set forth in BMC 18.03.210 (inside the city limits) shall be subject to the city’s utility tax as set forth in BMC 5.08.020, which is not included in charges shown in BMC 18.03.210. (Ord. 2000 § 3, 2008).

18.03.220 Rates – Users outside city limits.

The rates charged outside the city limits of the city of Bothell shall be the same for all user classifications as set forth in BMC 18.03.210 with the addition of a 25 percent surcharge added thereto. (Ord. 2105 § 2, 2012; Ord. 2080 § 2, 2011; Ord. 2050 § 2, 2010; Ord. 2000 § 2, 2008; Ord. 1966 § 2, 2006; Ord. 1933 § 2, 2004; Ord. 1917 § 2, 2003; Ord. 1888 § 3, 2002; Ord. 1861 § 2, 2001; Ord. 1828 § 2, 2000; Ord. 1716 § 2, 1997; Ord. 1669 § 2, 1996; Ord. 1634 § 1, 1996; Ord. 1617 § 2, 1996; Ord. 1536 § 2, 1993; Ord. 1492 § 2, 1992; Ord. 1449 § 2, 1991; Ord. 1402 § 2, 1990; Ord. 1361 § 3, 1989; Ord. 1323 § 2, 1989; Ord. 1243 § 2, 1987; Ord. 1191 § 2, 1985).

18.03.225 Low-income senior citizen discount.

A 25 percent discount shall be applied to each monthly bill of a residential rate payer or refunded at least semi-annually to a user who resides in a mobile home park served by a master meter, where such person shall show satisfactory proof under oath in writing to the city finance director of the following:

A.    That they meet the definition of “low-income elderly” as set forth in BMC 18.01.010(17); and

B.    That they are the applicant for the sewer service or eligible therefor if residing at a development or structure served by a single master meter and are directly responsible for the payment of the sewer bill; and

C.    That they have resided at such place for a period of not less than 90 consecutive days and must intend to remain at such place. That they intend to remain at such place and if there is any change in their or the household’s status as it relates to the requirements set forth above, they shall notify the city. The city finance director may require the person demonstrating satisfactory proof for a household that qualifies for the rates set forth in this section to make an update application at any time. “Head of household” means the person owning or having control of the dwelling unit. In the case of a husband and wife, either person shall be considered the “head of the household.” (Ord. 2129 § 2, 2013).

18.03.230 Rates – User in two or more classes.

Should any user of the sewer system fall within two or more of the classes provided in this code, the rate for such user shall be the highest of the two or more classes. (Ord. 1634 § 1, 1996; Ord. 1030 § 1, 1982).

18.03.240 Rates – Buildings housing two or more classes.

In buildings housing two or more classes of use, the rate shall be the aggregate of the rates for each use housed. (Ord. 1634 § 1, 1996; Ord. 1030 § 1, 1982).

18.03.250 Service to municipal departments and facilities.

The sewer service to all municipal buildings shall be charged as Class II customers and the overage charge shall be based on the monthly meter reading and billed by the finance department. (Ord. 1634 § 1, 1996; Ord. 1030 § 1, 1982).

18.03.260 Rate computation – Rounding off.

In the computation of charges for sewer service based on metered water consumption, the cubic footage shall be rounded off to the nearest 100 cubic feet. (Ord. 1716 § 3, 1997; Ord. 1634 § 1, 1996; Ord. 1030 § 1, 1982).

18.03.270 Rates – Application.

Charges to the owners of property with new structures shall commence on the date the building served is actually occupied, unless before such actual occupancy the water meter registers 500 cubic feet or more, in which case charges shall continue thereafter regardless of amount of usage. (Ord. 1634 § 1, 1996; Ord. 1030 § 1, 1982).

18.03.280 Billing – Payment.

A.    Billing Period. Sewer service charges provided for in this chapter shall be billed by the finance department. Property owners shall be billed every other month on or about the fifth day of the month and charges shall be due 20 days after the date of invoice.

B.    Delinquent Accounts – Penalty. All charges for sewer service furnished by the city shall be due and payable to the city on the date shown on the face of the bill. Charges for services remaining unpaid at the close of business on the twentieth day following the billing date shall be considered delinquent and automatically subject to an additional late charge, as a penalty. Late charges shall be as established by resolution of the city.

C.    Delinquent Accounts – Sewer Lien. In addition to all other remedies authorized by this chapter, the city shall have a lien for unpaid rates and charges for sewer service, penalties levied pursuant to RCW 35.67.190 and BMC 18.03.570 as now existing or hereafter amended, and connection charges, including interest thereon, against the premises to which the service has been furnished or is available. The city may foreclose the lien under procedures set forth in Chapter 35.67 RCW, as now existing or hereafter amended.

D.    Sewer Lien – Effective Period. The city’s sewer lien shall be effective for a total of six months’ delinquent sewer service charges without the necessity of any writing or recording of the lien with the county auditor.

E.    Alternative Enforcement of Lien – Water Cutoff. As an additional and concurrent method of enforcing the lien authorized by this chapter, the city shall have the right to cut off the water service to the premises to which such sewer service was furnished until all charges are paid, including interest, connection charges and penalties levied under RCW 35.67.190, together with a cutoff fee, as may be established from time to time by resolution of the city council; provided, however, where a sewer lien notice is required to be recorded, water service may only be cut off within two years from the date of recording of the lien notice.

F.    Water Leaks – Adjustments to Bill. For property owners whose billing is based on water consumption, adjustments in billing charges may be made in the event of increased water usage due to leaks in the property owner’s system. If a property owner wishes an adjustment in a billing charge due to a water leak, a written request must be submitted to the finance director. The written request shall include the name, address, telephone number and service address, if different than above, of the property owner requesting the adjustment, the date and proof of adequate repair of the leak which may be established by receipt or billing for repair work and/or materials if the repair was accomplished by the property owner. Credit shall be posted to the account on the billing following submittal of proof of repair for a period extending up to 120 days prior to the date of repair. The charge for sewer shall be based on the water consumption history and other factors which, in the determination of the finance director, affect the property owner’s water consumption.

G.    Responsibility of Sewer Charges. Charges for sewer service shall be the responsibility of the property owner.

H.    NSF Checks. Pursuant to Chapter 62A.3-515 RCW, if a check received in payment for sewer service charges is dishonored by nonacceptance or nonpayment, the city shall charge a reasonable handling fee fixed from time to time by resolution of the city council. If the check is not paid within 15 days after notice of dishonor, sent by certified mail to the last known address of the person responsible therefor, the drawer of said check shall be liable for interest, collection costs and attorneys’ fees incurred in collecting the dishonored check. In addition, in the event of a court action on the dishonored check, after notice and the expiration of 15 days, the city shall be entitled to damages in the amount of three times the face value of the check or $300.00, whichever is less, pursuant to Chapter 62A.3-515 RCW. (Ord. 2105 § 3, 2012; Ord. 1849 § 1, 2001; Ord. 1848 § 3, 2001; Ord. 1634 § 1, 1996).

18.03.281 Combined utility billing.

The finance director may determine to provide combined billing for customers of the water and sewer utilities under BMC 18.06.331. (Ord. 2142 § 4, 2014).

18.03.290 Delinquent account collection.

A.    Filing of Lien. The city’s sewer lien shall be effective in an amount not to exceed six month’s delinquent service charges without the necessity of any writing or recording of the lien with the county auditor for the county in which the property is located. If the sewer service charges remain unpaid for a period exceeding six months, the city may include such charges within its lien by filing a sewer lien notice in the office of the county auditor, in the form set forth in RCW 35.67.210, as now existing or hereafter amended, which is incorporated herein by this reference.

B.    Foreclosure of Lien. The city may foreclose on a sewer lien against the property to which service was provided within the time allowed by law. Notice of the city’s initiation of the foreclosure proceeding shall be mailed to the property owner, by certified mail, return receipt requested. If payment in full is received, the city shall discontinue the foreclosure action. Nothing contained in this code shall be construed as a waiver of liens, and the city shall have all rights as provided in Chapter 35.67 RCW, as now existing or hereafter amended. (Ord. 1634 § 1, 1996).

18.03.300 Rates, charges, classifications.

The rates, charges and classifications provided in this code may be amended from time to time in the discretion of the city council, and such amended rates, charges or classifications shall apply to and be binding upon users of the sewer system whether located within or without the limits of the city. Any utility rate increase, utility tax increase or increase in the charges by METRO shall be passed on to the user in the monthly bill. (Ord. 1634 § 1, 1996; Ord. 1030 § 1, 1982).

18.03.310 Sewer main connection charge.

A connection charge for tapping onto a city sewer main shall be paid by all persons connecting to the system and shall be payable, in full, prior to any work being commenced. A city inspector shall be on-site at the time of connection. The fees shall be as established by resolution of the city. (Ord. 1634 § 1, 1996; Ord. 1306 § 26, 1988; Ord. 1030 § 1, 1982).

18.03.320 Sewer system facility charges.

A charge shall be levied for a proportional share of the cost of city general sewer facilities. Such charge shall be payable for each connection prior to the issuance of the side sewer permit. Sewer system facility charges shall be in addition to any other required permits or fees. Sewer system facility charges shall be established by resolution of the city. For areas lying inside the boundaries of LID 1957-1 and LID 1961-2, which have paid an assessment under such local improvement districts, a credit for the amount of assessment paid previously shall be allowed against the amount otherwise owing. (Ord. 1662 § 1, 1996; Ord. 1634 § 1, 1996; Ord. 1306 § 27, 1988; Ord. 1270 § 1, 1987; Ord. 1191 § 3, 1985; Ord. 1030 § 1, 1982).

18.03.330 Property to be provided service.

The property to be provided sewer service shall be the full gross area within the tract described in the application for plat approval or building permit, including all common areas and areas dedicated to public use such as, but not limited to, parks, streets and sidewalks. The public works director is authorized, upon application of the developer or property owner, to establish the boundaries of the property to be provided sewer service referred to in this code, which may be less than the entire parcel owned by the applicant to exclude portions of the parcel that shall remain unimproved. In no event shall either parcel be less than the minimum lot size permitted; and provided further, that the owner shall sign a “partial pay agreement” whereby the owner agrees to pay the connection charge in effect at the time the remaining parcel is connected to the city sewer system; and the partial payment must be based on the minimum base zoning. In no event shall the total parcel size be less than five times minimum base zoning to qualify for the partial payment exemption. (Ord. 1634 § 1, 1996; Ord. 1030 § 1, 1982).

18.03.340 Sanitary side sewer – Permit required.

It is unlawful for any person to make an opening in any public sewer, or to connect or disconnect any private sewer or side sewer therewith, or to lay, repair, alter or construct any sewer to be connected to or disconnected from a public sewer unless such person has first obtained a sewer permit from the public works director. Upon approval of plans and specifications and upon payment of all fees and charges, including connection charges and assessments, the public works director shall issue a permit to perform the work. (Ord. 1634 § 1, 1996; Ord. 1030 § 1, 1982).

18.03.350 On-site sewage system – Permit required.

No person shall install an on-site sewage system without first obtaining a permit for such installation from the county health department. The on-site sewage system must receive approval from the county health department. (Ord. 1634 § 1, 1996).

18.03.360 Sanitary side sewer permit fees.

Connection of a sanitary side sewer to a city main shall be by a licensed contractor or homeowner. A sanitary side sewer permit shall be procured prior to any work being accomplished. In addition to any other fees and charges payable the permit fee shall be as established by resolution of the city. The permit fee shall include the cost of inspection except for the following:

A.    Inspections during hours other than public works business hours;

B.    Inspections requested by contractor during side sewer installation requiring deep cuts, extremely wet soil conditions or when backfill is placed on pipe prior to test;

C.    Call back resulting from poor workmanship or failure to comply with the code. (Ord. 1634 § 1, 1996; Ord. 1306 § 29, 1988; Ord. 1030 § 1, 1982).

18.03.370 Sanitary side sewer inspection.

It is unlawful for any person to cover or backfill any sanitary side sewer, private sewer or lateral without having called for and received an inspection, testing and approval by the public works director. Inspection requires 24 hours’ notice of when such construction is ready for inspection. The side sewer permit shall be available on site at the time of the inspection. (Ord. 1634 § 1, 1996; Ord. 1030 § 1, 1982).

18.03.380 Sanitary side sewer “as-built.”

The applicant shall submit and the public works director shall permanently retain a copy of all side sewer as-builts on file with the department. (Ord. 1634 § 1, 1996; Ord. 1030 § 1, 1982).

18.03.420 Sanitary side sewer – Elevation to prevent backups.

Whenever a situation exists involving an unusual danger of backups from the public sewer, the public works director may prescribe a minimum elevation at which a side sewer may be discharged to the public sewer. (Ord. 1634 § 1, 1996; Ord. 1030 § 1, 1982).

18.03.430 Sanitary side sewer – Connection to more than two buildings.

More than two buildings may be connected to a single side sewer only upon approval of the public works director. Plans setting forth the complete layout and specifications of the proposal, prepared by a registered professional engineer, shall be submitted to the city for approval. (Ord. 1634 § 1, 1996; Ord. 1030 § 1, 1982).

18.03.450 Sanitary side sewer – Bedding and trenching.

Bedding and trenching shall be in accordance with Bothell Standards. (Ord. 1634 § 1, 1996; Ord. 1138 § 15, 1984; Ord. 1030 § 1, 1982).

18.03.460 Sanitary side sewer – Waterfront.

All waterfront sewers, or any other side sewers within the hydraulic gradient area, shall include a cleanout at a point two feet above the waterfront sewer maximum hydraulic gradient. The cleanout shall consist of a wye and a sloping rise, both of the same size as the side sewer located in the hydraulic gradient area. The riser shall be extended to within 12 inches of finished grade and capped with an approved cast iron block. The block shall be machined to fit the pipe and gasket being used. (Ord. 1634 § 1, 1996; Ord. 1030 § 1, 1982).

18.03.470 Sanitary side sewer – Grade, easement – Waivers.

A.    The requirements of side sewer minimum construction standards as outlined in this code may be waived by the public works director when, in his discretion, the circumstances make adherence to such standards burdensome and unnecessary to the installation of a safe and reliable side sewer; provided, that in the event buildings, structures or premises are situated at an elevation which does not allow gravity flow of sewage to the public sewer, such sewage may be lifted by artificial means and discharged into the public sewer. Pumps and pressure lines shall remain the property of the owner or occupant, and he shall be responsible for their operation and maintenance. The use of an approved backflow prevention valve may be required, and the proper operation of such valve shall be the sole responsibility of the owner of the side sewer.

B.    If the grade of the side sewer is less than two percent, the property owner shall sign a grade release in a form approved by the city attorney, the effect of which shall be to release the city from all future claims for damages due to the installation of the side sewer. In no case shall the grade of the side sewer be less than one percent.

C.    If a side sewer, in the public right-of-way, belonging to another property owner is to be used, written permission for such use must accompany the side sewer application.

D.    When two or more structures, not in common ownership, are to be connected on one side sewer, easements running with the land must be executed and recorded with the county auditor (department of records and elections). The easements shall be approved as to form by the city attorney and shall insure that all properties involved shall have perpetual use of the side sewer and shall contain provisions for joint responsibility for costs of maintenance, repair and access, and shall be signed by the owners of the properties subject to the easement. The easement shall be acknowledged and must be recorded by the property owners with the county auditor (department of records and elections) before a permit shall be issued for construction. (Ord. 1634 § 1, 1996; Ord. 1030 § 1, 1982).

18.03.480 Sanitary side sewer – Special conditions.

Where physical conditions render compliance with the conditions of this code governing side sewer installation impracticable, the public works director may issue a special permit for installation of a side sewer requiring compliance with the provisions insofar as is reasonably possible, but such permit shall be issued only upon condition that the property owner execute and deliver to the city an instrument in form furnished by the city agreeing to save harmless and indemnify the city for any damage or injury resulting from substandard installation. (Ord. 1634 § 1, 1996; Ord. 1030 § 1, 1982).

18.03.500 Connection – Notice to owner – Failure to comply.

Whenever the provisions of this code require that any building or premises be connected with the public sewer, the public works director shall serve upon the owner, agent, or occupant of the premises a notice in writing, specifying the time within which such connection must be made. The connection shall not be more than 60 days from the date of service of such notice. If such owner, agent or occupant fails, neglects, or refuses to connect the building or premises with the public sewer within the time specified in such notice, the city may make such connection and the cost of the connection shall be assessed against the property so connected and the amount thereof, plus a penalty of 10 percent and interest at the rate of 10 percent per year upon such costs, plus penalty, shall become a lien upon the premises so connected. The city attorney is authorized, empowered and directed to collect this amount, either by the foreclosure of the lien or by a suit against the owner or occupant of the premises. (Ord. 1634 § 1, 1996; Ord. 1030 § 1, 1972).

18.03.510 Prohibited substances designated – Discharge unlawful.

It is unlawful for any person to discharge or cause to be discharged any of the following into any public sewer or into any side sewer discharging into any public sewer: subsoil, foundation, footing, window-well, door-well, yard or basement floor drains; unpolluted industrial process water; roof drains or downspouts from areas exposed to rainfall or other precipitation; or surface or underground water from any source. (Ord. 1634 § 1, 1996; Ord. 1030 § 1, 1982).

18.03.530 Traps – Installation – Maintenance.

When, in the judgment of the public works director, the use of grease, oil and sand traps is required and necessary for the proper handling of liquid wastes containing grease in excessive amounts or any flammable wastes, such traps shall be installed by the owner or occupant of any property or premises before such property or premises is connected to the public sewers. Where installed, all grease, oil and sand traps shall be maintained by the owner or occupant, at his expense, in continuously efficient operation at all times. (Ord. 1634 § 1, 1996; Ord. 1030 § 1, 1982).

18.03.540 Preliminary treatment – Maintenance.

Where preliminary treatment facilities are provided for any waters or wastes, they shall be maintained continuously in satisfactory and effective operation by the owner at his expense. (Ord. 1634 § 1, 1996; Ord. 1030 § 1, 1982).

18.03.550 Adherence to METRO standards applicable to wastes discharged.

All waste discharged to the public sewers shall be in conformity with the current requirements of the municipality of metropolitan Seattle (METRO). (Ord. 1634 § 1, 1996; Ord. 1030 § 1, 1982).

18.03.560 Swimming pools – Drainage of large volumes of water into sewer.

It is unlawful to drain large volumes of water directly into the sewer and thereby cause surcharging of sewer lines. Swimming pools, public or private, shall not be connected to the sewer. Discharge of swimming pools into the sewer shall be allowed; provided, that the city is authorized to enter into agreement with owners of private and public swimming pools to provide for off-hour discharge of pool waters into city lines, where this is done under the supervision of the public works director and at such hours as he may direct. Any such connection shall include a keyed valve to be opened only by the public works director or his authorized representative. (Ord. 1634 § 1, 1996; Ord. 1030 § 1, 1982).

18.03.570 Compliance with provisions required – Violation procedure.

When any house connection or side sewer is constructed, laid, connected, or repaired and does not comply with the provisions of this code, or whenever it is determined by the director of public health or the public works director that a house connection or side sewer is obstructed, broken or inadequate and is a menace to health or is liable to cause damage to public or private property, the director of public health or the public works director shall give notice to the owner, agent, or occupant of the property at which such condition exists, and if such owner, agent, or occupant fails to repair the same after 10 days when notified to do so by the director of public health or the public works director, the city may perform such work as may be necessary to comply with this code. The reasonable cost of such work as done by the city shall be collected from the person responsible for such condition per Chapter 18.09 BMC*, or the amount thereof, plus a penalty of 20 percent and interest at the rate of 12 percent per year upon such costs, plus penalty, shall become a lien upon the property. The city attorney is authorized, empowered and directed to collect such amount either by the foreclosure of the lien or by a suit against the owner or occupant of such property, or other person responsible for such condition. (Ord. 1634 § 1, 1996; Ord. 1030 § 1, 1982).

*Ord. 1634 added this language; however, Chapter 18.09 BMC does not exist.

18.03.580 Manholes – Tampering with covers – Diverting substances into.

It is unlawful for any person, firm or corporation to remove or otherwise tamper with manhole covers, or to divert or direct the flow of water or any other fluid or foreign substances into manholes installed in the sanitary sewer system of the city. (Ord. 1634 § 1, 1996; Ord. 1030 § 1, 1982).

18.03.590 Trees and shrubbery – Designated species prohibited – Removal procedure.

It is unlawful to plant willow (salix species), poplar (populus species), cottonwood (populus species) or any other tree or any shrub whose roots are likely to obstruct public or private sewers within 30 feet of any public sewer. The public works director is authorized to remove any trees or shrubs from any public street, or the roots of any trees or shrubs which extend from any public street, when the trees or roots thereof are obstructing, or when he shall determine that they are liable to obstruct public or private sewers; provided, however, that he shall give 10 days’ notice in writing to the owner or occupant of the abutting property to remove the same. If such owner or occupant fails or refuses to do so, the reasonable cost of such removal when done by the city shall be a lien upon the abutting property from which such trees or shrubs are removed. The city attorney is authorized, empowered and directed to collect such charge by suit maintained in the name of the city as plaintiff, in any court of competent jurisdiction. (Ord. 1634 § 1, 1996; Ord. 1030 § 1, 1982).

18.03.600 Stop work order.

In the event the director finds any person engaged in construction for the purpose of making a connection to a public sewer without a permit, the director shall immediately notify such person to stop work. If such work is not immediately stopped, the public works director shall issue a stop work order and no further work shall be done until the person has complied with all the rules and regulations of the city. (Ord. 1634 § 1, 1996; Ord. 1030 § 1, 1982).

18.03.610 Utility tax.

All charges set forth in BMC 18.03.210 (inside the city limits) shall be subject to the city’s utility tax as set forth in BMC 5.08.020, which is not included in the charges shown in BMC 18.03.210. (Ord. 1966 § 3, 2006).