Chapter 13.05 SIDE SEWER WORK AND CONNECTIONS

3. “Industrial waste” means any liquid, solid or gaseous substances, or combination thereof, resulting from any process of industry, manufacturing, commercial food processing, business, trade or research, including the development, recovery or processing of natural resources.

4. “Person” means any individual, firm, association, copartnership, corporation, governmental agency or political subdivision, whether acting by themselves or as a servant, agent or employee.

5. “Public sewer” means any sewer or appurtenant facility other than a side sewer, either owned or operated by or within the jurisdiction of the City of Kenmore.

6. “Sewage” means water-carried waste discharged from the sanitary facilities of buildings occupied or used by people.

7. “Side sewer” means any sewer line used or installed by any person to conduct waste from any property to a public sanitary sewer.

8. “Residence” means a building designed and/or used to house a single family. The definition of residence shall include trailers on an individual lot and condominium units.

9. “Commercial” means premises used for or housing commercial or industrial concerns. For the purposes of this chapter, multifamily dwellings of two or more units, condominiums and mobile home courts shall be included in this definition.

10. “City sewerage systems” means any sewerage system consisting of sewerage facilities owned and/or operated by the City.

11. “Residential customer equivalent (RCE)” means each 900 cubic feet of water used or metered sewage flow shall be considered as one residential customer equivalent.

B. Definition of Additional Terms. Words, terms or expressions peculiar to the art or science of sewerage not herein defined shall have the respective meanings given in Glossary, Water and Sewage Control Engineering, published in 1949, prepared by a joint committee representing American Public Health Association, American Society of Civil Engineers, American Water Works Association, and Water Pollution Control Federation. [Ord. 98-0023 §§ 1, 2 (KCC 13.04.010).]

13.05.020 Connection with public sewer required.

A. The owner or occupant of lands or premises shall connect the sewage waste pipes located thereon with the nearest accessible public sewer whenever, in the case of platted lands, there is a public sewer within one block thereof or, in the case of unplatted lands, within 150 feet thereof. The director of public works shall prescribe the manner in which such connection shall be made. When in the opinion of the director of public works or the director of public health a sewer connection is unreasonable or impossible, another method of sewage disposal may be specified.

B. The director of public health is authorized and empowered, and it shall be his duty to prohibit the use of any privy, well, septic tank or vault upon any premises whenever the use and maintenance thereof is detrimental or dangerous to public health and safety, to order any such privy, well, septic tank or vault to be disinfected and filled with fresh earth, and to order the plumbing installed in any structure or building located thereon to be connected with a public sewer system. [Ord. 98-0023 §§ 1, 2 (KCC 13.04.020).]

13.05.030 City may connect and assess cost.

Whenever the public health or public safety requires that any building or premises be connected with the public sewer in the manner provided in KMC 13.05.020, the director of public health shall serve upon the owner, agent or occupant of said premises a notice in writing, specifying the time within which such connection must be made, which 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 said building or premises with the public sewer within the time specified in such notice, the City of Kenmore may make such connection, and the cost of the connection shall be assessed against the property so connected, and the amount thereof shall become a lien upon the premises so connected. [Ord. 98-0023 §§ 1, 2 (KCC 13.04.030).]

13.05.040 Opening public sewer.

It is unlawful for any person to make any opening in any public sewer or to connect any private sewer or side sewer therewith, or to lay, repair, alter or connect any private sewer or side sewer in a public street, avenue, alley or other public place without complying with the provisions of this chapter. [Ord. 98-0023 §§ 1, 2 (KCC 13.04.040).]

13.05.050 Side sewers in public street – Bond required.

It is unlawful for any person to make any opening in any public sewer situated in a public street or to excavate for the purpose of sewer installation in any public street, avenue, alley or other public place unless such person has first obtained and filed with the director of public works a surety bond in the sum of $2,000. [Ord. 98-0023 §§ 1, 2 (KCC 13.04.050).]

13.05.060 Restoration of public streets.

Where, in order to make a connection to a public sewer, it is necessary to excavate in any public street, avenue, alley or other public place, such excavation shall be restored promptly and expeditiously following inspection and approval of the new line. The requirements for such excavation and restoration shall be as follows:

A. Bituminous or Asphaltic Concrete Surfaces.

1. Surfacing shall be cut completely through before removal. Surfacing shall be cut a minimum of one foot wider than the subbase trench excavation. Edges of the existing surfacing shall be trimmed to a neat line. Where excavations are made for the full width of the surfaced streetway, existing surfacing shall be cut a sufficient width to permit the use of an eight-ton roller for compaction of the new asphalt concrete surfacing.

2. Backfilling shall be with select material. Native material may be used for backfill only when specifically authorized by the director of public works.

3. Backfill material shall be installed in six-inch lifts, and each lift shall be mechanically tamped and compacted to 95 percent of maximum density as measured by the modified AASHO method.

4. The top six-inch lift of backfill material shall be three-quarters-inch crushed surfacing.

5. All asphaltic concrete or bituminous surfaces shall be restored by the application of one course of two inches of compacted Class B asphaltic concrete produced by an asphalt plant approved by the director of public works.

Applicable items of Section 32 of the Washington State Department of Highways Standard Specifications shall apply. Asphalt paint shall be applied to the joints of existing surfacing prior to application of new surface material. Where excavations are made the full width of the surfaced streetway, a minimum eight-ton roller shall be used for compaction of the new asphalt surfacing. If final restoration of surfacing is delayed for weather or other reasons, a temporary repair shall be made by the installation of cold-mix asphalt.

B. Concrete Paving and Concrete Base with Asphalt Surfacing. The tunnel method or the cut-and-tunnel method shall be used in preference to the open-cut method of excavation in concrete or concrete base pavement. Where cutting is necessary, the following shall be required:

1. Line drilling with rotary drills shall be required along the trench or cut outline. Six-inch spacing center-to-center shall be required for drill holes in pavement nine inches or less in depth. Drill holes shall be perpendicular to the surface. Drill holes parallel to a longitudinal joint will not be required if the panel removed extends to the joint itself.

2. Backfilling shall be with select material. Native material shall be used for backfill only when specifically authorized by the director of public works.

3. Backfill material shall be installed in six-inch lifts, and each lift shall be mechanically tamped and compacted to 95 percent of maximum density as measured by the modified AASHO method.

4. The top four-inch lift of backfill material shall be five-eighths inch, minus crushed surfacing.

5. Concrete surfacing or concrete base shall be Class A cement concrete pavement. Applicable items of Section 33 of the Washington State Department of Highways Standard Specifications shall apply.

6. Asphaltic concrete surfacing shall be Class A asphaltic concrete.

7. If final restoration of surfacing is delayed for weather or other reasons, a temporary repair shall be made by the installation of cold-mix asphalt.

C. Unsurfaced Right-of-Way Areas. Trench backfill through right-of-way areas other than surfaced areas shall be native material except where native material shall be deemed unsuitable by the director of public works. Backfill through unsurfaced right-of-way areas shall be compacted to 90 percent of maximum theoretical density. [Ord. 98-0023 §§ 1, 2 (KCC 13.04.060).]

13.05.070 Traffic control at sewer excavations.

A. On arterials or other streets designated by the director of public works, all traffic lanes must be open for rush hours. The use of uniformed flagmen may be required. Generally, construction on such arterials, streets will be restricted to the hours between 9:30 a.m. and 3:00 p.m.

B. On residential streets, avenues, alleys or other public areas where sewer excavations are made perpendicular to traffic flow, one-half of the street or alley shall be kept open for moving traffic at all times.

C. All work shall be carried on with due regard for the safety and convenience of the public. Open trenches shall be provided with barricades that can be seen at a reasonable distance, and at night shall be adequately lighted. Lighted signs for detours and construction in progress shall be provided. Traffic control devices shall be in accordance with Manual on Uniform Traffic Control Devices – Part V, Traffic Controls for Highway Construction and Maintenance Operations, published by the U.S. Department of Commerce, Bureau of Public Roads, 1961. Safety instructions from the director of public works shall be strictly observed but following of such instructions shall in no way relieve the person doing construction of his responsibility or liability. [Ord. 98-0023 §§ 1, 2 (KCC 13.04.070).]

13.05.080 Opening public sewer – Permit required.

It is unlawful for any person to make an opening in any public sewer, or to connect any private sewer or side sewer therewith, or to lay, repair, alter or construct any sewer to be connected to a public sewer unless such person has first obtained a side sewer permit from the director of public works. [Ord. 98-0023 §§ 1, 2 (KCC 13.04.080).]

13.05.090 Side sewer permit – How obtained.

A. In order to obtain the permit provided for in KMC 13.05.080, the owner, occupant or the side sewer contractor employed to do the work shall file an application with the director of public works stating the name of the owner or occupant of the premises to be connected, giving lot, block, and addition or other legal description, the number of buildings on said premises, and the purpose for which they are, or are to be used, together with plans drawn to a satisfactory scale, and specifications showing the whole course of the line from the public sewer or other outlet, to its connections with the plumbing or drain from the building or premises and all branches to be connected. The plans and specifications shall be submitted to the director of public works for approval, and he may change or modify the same and designate the manner in which such connecting sewers shall be connected to the building plumbing, the place where such connections with the public sewer shall be made, and specify the material, size, and grade of such connecting sewer, and shall endorse his approval on such plans and specifications as originally prepared or as modified and changed.

B. Upon approval of said plans and specifications, and upon payment of all required fees and charges and upon approval of a surety bond, if required, the director of public works shall issue a permit to perform the work.

C. The director of public works shall have the right, and is authorized, to refuse to issue a permit to any person, or side sewer contractor, where a reasonable doubt exists that such person, or side sewer contractor, may refuse to or be unable to comply with the provisions of this chapter. If, in the judgment of the director of public works, the reputation or past performance of any person indicates a lack of ability to install a side sewer in accordance with the accepted standards of the trade, and the provisions of this chapter, a side sewer permit shall be denied that person. [Ord. 98-0023 §§ 1, 2 (KCC 13.04.090).]

13.05.100 Fees for permits.

A. The fee for a permit issued as herein provided shall be imposed by the city council by resolution. Permit fee shall include the cost of the required inspection. Work shall be completed under the terms of the permit within a period of 60 calendar days. In the event that work is not completed within 60 calendar days, a new permit must be obtained and an additional fee imposed by the city council by resolution paid.

B. Low-Income Elderly Discount. The City service charge for residents of City-operated sewer systems who satisfy the criteria set forth in this section may receive a low-income elderly discount of $2.20 applied to the City service charge portion of the base sewer rate.

C. The criteria shall be that:

1. The head of household or spouse is 62 years of age or older;

2. The gross household income may not exceed $10,764 for a one-person household or $14,076 for a two-person household;

3. Water service to the dwelling is separately metered. [Ord. 02-0139 § 1; Ord. 98-0023 §§ 1, 2 (KCC 13.04.100).]

13.05.110 Charges for service.

All property to which City-operated sewer service is available shall pay the service charges set forth in the following schedule:

A. The base sewer rate shall be imposed by the city council by resolution.

B. The base sewer rate shall be the minimum monthly charge per connection for the first RCE or any portion thereof.

C. Charges for water used or effluent metered beyond the initial 900 cubic feet shall be proportional to the quantity used or metered.

D. Costs not included in the City portion of base sewer rate and which are specific to a particular City-operated sewerage system shall be as set forth below:

1. Trend ULID No. 1. The monthly service for connections to the Trend ULID sewerage system shall include amounts imposed by the city council by resolution.

2. Metro. In addition to the Metro treatment and disposal charge reflected in the base sewer rate, the City shall bill each customer any additional amount which the City is billed by Metro for that customer.

E. Commercial customers served by a City-operated sewer system, who can demonstrate to the satisfaction of the director of public works that a portion of the customer’s water usage does not enter the sanitary sewer system may receive a reduction in the service charge. [Ord. 02-0139 § 1; Ord. 98-0023 §§ 1, 2 (KCC 13.04.110).]

13.05.120 Collection of charges.

All City-operated sewer systems shall be charged in accordance with the provisions of RCW 36.94.140. The service charge for connections to the City-operated sewer systems may be billed bimonthly with charges due and payable to the City within 30 days of the billing date. A late payment penalty of 10 percent of the amount due will be imposed if payment is not received within 50 days of the billing day. [Ord. 98-0023 §§ 1, 2 (KCC 13.04.120).]

13.05.130 Lien for delinquent charges.

A. The City of Kenmore shall have a lien for delinquent service charges together with interest at eight percent per year from the date due until paid.

B. A lien may be filed against the property if payment is not received within 90 days of the due date. The lien shall be for all charges, interest, and penalties and shall be attached to the premises to which the services were furnished. The lien shall be superior to all other liens and encumbrances except general taxes and local and special assessments of the City.

C. Upon the expiration of 60 days after the attachment of the lien, the City may bring suit in foreclosure by civil action in the Superior Court of King County. In addition to the costs and disbursements provided by statute, the court may allow the City a reasonable attorney’s fee. The lien shall be foreclosed in the same manner as foreclosure of real property tax liens. [Ord. 98-0023 §§ 1, 2 (KCC 13.04.130).]

13.05.140 Sewer connection charges.

A sewer connection charge shall be paid to the City before any structure not previously served by a City sewer system is connected to the system. The connection charge shall be computed according to the following schedule.

The connection charge for any structure not previously served by a City-operated sewer system, or for additional water meter connections to property previously served, shall be based upon the size of the water meter serving the property. The connection charge shall be imposed by the city council by resolution.

In cases where the water meter size is increased, an additional charge for the differential between the smaller and larger meter sizes shall be made. [Ord. 02-0139 § 1; Ord. 98-0023 §§ 1, 2 (KCC 13.04.140).]

13.05.150 Inspection of side sewers.

A. It is unlawful for any person to cover or back-fill any side sewer, private sewer or lateral without having called for and received an inspection and approval by the director of public works. The director of public works or his authorized inspectors shall be given 24 hours’ notice when such construction is ready for inspection. The director of public works shall inspect and make such tests deemed necessary to ensure that the new work meets all requirements of the plans, specifications and permit and is in strict accordance with all applicable provisions of this chapter in respect to materials and workmanship.

B. The director of public works may require side sewers to be tested by means of water or air. Such tests, where required, shall be at the expense of the person installing the side sewer. [Ord. 98-0023 §§ 1, 2 (KCC 13.04.150).]

13.05.160 Work without permit to be stopped.

It shall be the duty of the director of public health or the director of public works in case they find any person engaged in the work of breaking ground for the purpose of making connection with a public sewer, to ascertain if such person has a permit from the director of public works to make such sewer connection, and in the event that such person has no permit for making such connection it shall be the duty of the director of public works to notify the offending person to stop work immediately. [Ord. 98-0023 §§ 1, 2 (KCC 13.04.160).]

13.05.170 Permit fee when sewer district has agreement with City.

In all sewer districts having agreements and bonds posted with the City of Kenmore guaranteeing restoration of streets after construction of sewer system the fee imposed by the city council by resolution for digging in the street for a sewer connection shall be waived on all permits issued until the street has been satisfactorily restored and accepted by the City of Kenmore, except if in the opinion of the city street engineer the contractor or sewer district are unnecessarily delaying restoration of any street they shall be notified by the City that all connections in said street from then on shall be subject to the fee. [Ord. 02-0139 § 1; Ord. 98-0023 §§ 1, 2 (KCC 13.04.170).]

13.05.180 Side sewers – Requirements, materials and workmanship.

A. All side sewers installed shall conform to the following minimum requirements:

1. Minimum grade: two percent;

2. Minimum size: four inches;

3. Minimum cover at edge of surfaced area of street, avenue, alley or other public way: four feet;

4. Minimum cover at property line: one foot, six inches;

5. Minimum cover inside property line: one foot.

B. Side sewers shall be constructed of any of the following materials, or other equivalent materials when approved by the director of public works:

1. Concrete sewer pipe, ASTM C-14, with rubber gasket joints;

2. Vitrified clay pipe, nonglazed, ASTM C200-55T, with “Speed Seal” or equal joints;

3. Cement-asbestos pipe, ASTM C296 or C428 with standard gasket joints;

4. Soil pipe, ASTM A21.6 or A21.8 with mechanical joints or roll-on type rubber joints;

5. Cast iron pipe, ASTM A21.6 or A21.8 with mechanical joints or roll-on type rubber joints.

C. Cast iron pipe or soil pipe shall be used where a side sewer is constructed within 10 feet of a potable water pipe. Special pipe bedding consisting of gravel or concrete may be required where, in the judgment of the director of public works, unsuitable ground conditions exist.

D. The connection of the side sewer into the public sewer shall be made at a wye or tee if such is available at a suitable location. If no properly located wye or tee is available, a neat hole shall be cut into the public sewer to receive the side sewer. The spigot end shall be cut so as to not extend past the inner surface of the public sewer. Entry to the public sewer shall be made at an angle of not less than 45 degrees. A smooth, neat joint shall be made and the connection made secure and watertight by encasement in concrete. Special fittings may be used for the connection when approved by the director of public works.

E. All side sewer pipes shall be laid in a straight line between bends. All changes in grade or line shall be made with a one-eighth bend or a wye.

F. Whenever a situation exists involving an unusual danger of backups from the public sewer, the director of public works may prescribe a minimum elevation at which the side sewer may be discharged to the public sewer. [Ord. 98-0023 §§ 1, 2 (KCC 13.04.180).]

13.05.190 Use of the public sewers.

A. 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 unroofed basement floor drains; unpolluted industrial process water; roof drains or downspouts from areas exposed to rainfall or other precipitation; surface or underground water from any source.

B. The director of public works is authorized and empowered and it shall be his duty to prohibit the discharge of stormwater, rainwater, roof runoff, cooling water or unpolluted industrial process waters or wastes directly or indirectly into any public sewer, and to prohibit the discharge of:

1. Any liquid or vapor having a temperature higher than 150 degrees Fahrenheit;

2. Any water or waste which may contain more than 100 parts per million, by weight, of fat, oil, or grease;

3. Any gasoline, benzine, naphtha, fuel oil, or other flammable liquid, solid or gas;

4. Any garbage that is not properly shredded garbage;

5. Any ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, manure, or any other solid or viscous substance capable of causing obstruction to the flow in sewers or other interference with the proper operation of the sewer system;

6. Any waters or wastes having a pH lower than 5.5 or higher than 9.0 or having any other corrosive property capable of causing damage or hazard to structures, equipment and personnel of the sewer system;

7. Any waters or wastes containing a toxic or poisonous substance in sufficient quantity to injure or interfere with any sewage treatment process, constitute a hazard to humans or animals, or create any hazard in the receiving waters of the sewage treatment plant;

8. Any waters or wastes containing suspended solids of such character and quantity that unusual attention or expense is required to handle such materials at the sewage treatment plant;

9. Any noxious or malodorous gas or substance capable of creating a public nuisance.

C. When, in the judgment of the director of public works, 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.

D. It is unlawful to admit into the public sewers any waters or wastes having:

1. A five-day biochemical oxygen demand greater than 300 parts per million by weight; or

2. Containing more than 350 parts per million by weight of suspended solids. Where necessary, in the opinion of the director of public works, the owner or occupant of property or premises producing waste of such objectionable characteristics shall, at his own expense, provide such preliminary treatment as is required to bring the waste into conformity with the requirements of this chapter.

E. 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.

F. All waste discharged to the public sewers shall be in conformity with the current requirements of the municipality of metropolitan Seattle. [Ord. 98-0023 §§ 1, 2 (KCC 13.04.190).]

13.05.200 Protection from damage.

It is unlawful for any person to maliciously, willfully, or negligently break, damage, destroy, uncover, deface or tamper with any structure, appurtenance, or equipment which is a part of the public sewer system. [Ord. 98-0023 §§ 1, 2 (KCC 13.04.200).]

13.05.210 Powers and authority of inspectors.

The director of public works and the director of public health, their inspectors and other authorized employees, bearing proper credentials and identification, shall be permitted to enter upon all properties for the purposes of inspection, observation, measurement, sampling and testing and making connection of sanitary facilities of any structure or premises to the public sewer in accordance with the provisions of this chapter. [Ord. 98-0023 §§ 1, 2 (KCC 13.04.210).]

13.05.220 Repair of broken or obstructed side sewers.

When any house connection or side sewer is constructed, laid, connected or repaired and does not comply with the provisions of this chapter or where it is determined by the director of public health or the director of public works 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 director of public works 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 director of public works, the City of Kenmore may perform such work as may be necessary to comply with this chapter. The reasonable cost of such work as done by the City of Kenmore shall be collected from the person responsible for such condition, or the amount thereof shall become a lien upon the said property and the prosecuting attorney is authorized, empowered and directed to collect such cost either by the foreclosure of said lien or by a suit against the owner or occupant of such property, or other person responsible for such condition, the suit shall be maintained in the name of the City of Kenmore, as plaintiff, in any court of competent jurisdiction. Such action shall be commenced within eight months. [Ord. 98-0023 §§ 1, 2 (KCC 13.04.220).]

13.05.230 Planting of certain trees and shrubbery prohibited – Removal of obstructions in sewers.

It is unlawful to plant willow, poplar, cottonwood, soft maples, or gum, 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 director of public works 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 said roots or trees 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 of Kenmore shall be a lien upon the abutting property from which such trees or shrubs are removed. The prosecuting attorney is authorized, empowered and directed to collect such charge by suit maintained in the name of the City of Kenmore as plaintiff, in any court of competent jurisdiction. Such action shall be commenced within eight months. [Ord. 98-0023 §§ 1, 2 (KCC 13.04.230).]

13.05.240 Pumps and pressure lines.

In the event that buildings, structures, or premises are situated at an elevation which does not allow for the proper 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 private property of the owner or occupant and he shall be responsible for their operation and maintenance. [Ord. 98-0023 §§ 1, 2 (KCC 13.04.240).]

13.05.250 Developer extensions of the public sewer.

A. Private developers, owners, or occupants of property not serviced by public sewers may be authorized by the city manager to construct extensions to public sewers. Such extensions shall be designed by a licensed professional engineer experienced in the design of public sewers. Contracts for extensions of the public sewer shall provide: that the property to be served shall be annexed to the area of the sewer district; that the developer shall pay all costs and fees related thereto including, but not restricted to, engineering, inspection, construction, permits, fees, legal costs; that upon completion of all work and restoration and the payment of all fees and costs thereto, and upon acceptance of the work by the director of public works, a bill of sale and all easements required shall be furnished the sewerage and drainage district. A performance bond, written by a surety authorized to do business in the State of Washington, shall be provided prior to beginning of the construction work. This performance bond, written for the dollar amount of the construction contract, shall guarantee the work for a period of one year after acceptance by the director of public works.

B. The director of public works may contract with developers of such extensions to collect a latecomer’s fee for the reimbursement of such owners and their assigns, for a period not to exceed 15 years, by any owner of real estate who did not contribute to the original cost of such sewer facilities and who subsequently tap onto or use the same, of a fair pro rata share of the cost of the construction of said sewer facilities, including not only those directly connected thereto, but also users connected to laterals or branches connecting thereto. Said contract will be recorded with the City.

C. The director of public works may, by agreement with the developer, retain 20 percent of said latecomer fees for administrative costs.

D. Before construction work may commence on extensions of the public sewer, the plans and specifications of the proposed work shall be reviewed by the Washington State Department of Ecology and the Washington State Department of Social and Health Services and formal approval of said plans and specifications shall be received by the director of public works from both State agencies, in accordance with the provisions of RCW 43.21A.060, 56.020.060 and 90.48.110. Plans and specifications on proposed extensions to the public sewers shall be submitted to the municipality of metropolitan Seattle for its review and approval. [Ord. 98-0023 §§ 1, 2 (KCC 13.04.250).]

13.05.260 Rules and regulations.

The director of public works or director of public health may make and issue such additional rules and regulations as may be expedient and necessary to carry out the provisions of this chapter. [Ord. 98-0023 §§ 1, 2 (KCC 13.04.260).]

13.05.270 Collection of costs.

Whenever any sum of money is to be charged as a lien against a particular property upon which work is to be done by the City of Kenmore under the terms and provisions of this chapter, the manner and method of collecting said amounts shall be substantially as follows.

The owner or agent of the property shall be given a notice in writing by the City of Kenmore. Said owner or agent is required to do the particular work at the expense of the property owner. The notice shall be in substantially the following form:

To ____________________ Owner, and ____________________ Agent, of that certain property described as:

_________________________________

You are hereby notified to perform the following work upon the above described property within ten (10) days of the date of the service of this notice upon you, viz:

_________________________________

And you are further notified that if you do not perform said work within said period of ten (10) days, then the City of Kenmore will perform the same and charge the amount of said work against said property, and will proceed to collect the same according to law.

CITY OF KENMORE

By ______________________

A copy of this notice shall be posted upon the property affected and a further copy shall be mailed to the agent or owner at his last known address. In case the agent or owner fails to perform said work within 10 days after said notice has been mailed and posted, then the work shall be done by the City of Kenmore. As soon as practicable after said work is performed, the owner or agent shall be notified in the same manner as provided above, that the work has been done by the City of Kenmore and the amount of the charge for doing said work.

The owner or agent shall be required to pay to the City of Kenmore said amount within 30 days after the date of the posting and mailing of said notice to him.

The form of notice just provided for shall be substantially as follows:

TO ____________________ Owner, and __________________________ Agent, of _________________________________

You are hereby notified that pursuant to a former notice given you upon the ____ day, of _____ 20__, that the City of Kenmore has performed the work required to be done pursuant to the said former notice, and that the cost and expense of doing said work is the sum of ______ dollars. You are further notified that unless you pay said amount to the Comptroller or file objections against said amount with the director of public works within 30 days of the date of service of this notice upon you, that the same shall be a lien against the above described real property and will be collected by the City of Kenmore according to law.

CITY OF KENMORE

By ______________________

A person may appeal within 30 days charges resulting from the director of public works’ actions, as described in KMC 13.05.180 and 13.05.190, by filing written objections on forms provided by the director of public works. The director of public works shall transmit a copy of the completed form and other papers received in connection with the appeal to the City of Kenmore. The City of Kenmore shall within 60 days of the initial filing with the director of public works set a hearing date on the appeal. The City of Kenmore shall adopt such procedures and regulations that may be necessary for conducting a hearing and rendering a decision.

After said hearing, or after the expiration of the 30-day period provided for filing objection, the amount thereof shall become a lien against the property upon which said work was performed, and the prosecuting attorney is authorized to proceed to collect said amount in any lawful manner. [Ord. 98-0023 §§ 1, 2 (KCC 13.04.270).]

13.05.280 Constitutionality.

If any provisions of this chapter shall be construed by any court to be unconstitutional, such invalidity shall not affect the other provisions of this chapter. [Ord. 98-0023 §§ 1, 2 (KCC 13.04.280).]

13.05.290 Enforcement.

The director of the Seattle-King County department of public health is authorized to enforce the provisions of this chapter, the ordinances and resolutions codified in it, and any rules and regulations promulgated thereunder pursuant to the enforcement and penalty provisions of Chapter 1.20 KMC. [Ord. 98-0023 §§ 1, 2 (KCC 13.04.290).]