Chapter 13.62
STORM AND SURFACE WATER DRAINAGE SYSTEM

Sections:

13.62.010    Purpose.

13.62.020    Established.

13.62.030    Ownership.

13.62.040    Management of utility.

13.62.050    Service charge imposed.

13.62.060    Billing.

13.62.070    Appeals.

13.62.080    Unpaid charges – Lien.

13.62.090    Violation – Penalty.

13.62.010 Purpose.

The city council finds that an expanding population and increased development of land has and will continue to increase demands on the city’s present storm and surface water drainage system; that the present storm and surface water drainage system is inadequate to meet this increased demand; that stormwater runoff has caused significant damage to parts of the city; that floodwater during a major storm carries a higher concentration of pollutants which may contaminate the city’s water supply; that uncontrolled water runoff on streets poses a safety hazard to both lives and property. Therefore, the recognition of the city’s storm and surface water drainage system as a municipal utility service of the city is necessary to provide for the proper management and funding of the storm and surface water drainage system and for the orderly accomplishment of needed new facilities and to the rehabilitation and maintenance of existing facilities. (Ord. 540, 1989)

13.62.020 Established.

There is created and established in the city a storm and surface water drainage utility in accordance with state law (Chapter 35.67 RCW). This utility shall have equal status with other utility services provided by the city. The utility shall be known as the storm and surface water drainage utility. The utility will have primary authority and responsibility for carrying out the city’s comprehensive drainage and storm sewer plan, including responsibilities for planning, design, construction, maintenance, administration and operation of all city storm and surface water facilities, as well as establishing standards for design, construction and maintenance of improvements on private property where these may affect storm and surface water management. (Ord. 540, 1989)

13.62.030 Ownership.

Title and all other incidents of ownership of the following assets are vested in the utility.

A. All properties, interests and physical and intangible rights of every nature owned or held by the city, however acquired, insofar as they relate to or concern storm or surface water runoff.

B. All properties, interests and rights acquired by adverse possession or by prescription directly or through another in and to the drainage or storage, or both, of storm or surface waters, or both, through, under or over lands, watercourses, sloughs, streams, ponds, lakes and swamps. The properties, interest and rights so transferred shall begin from a point where storm or surface waters first enter the storm and surface water system of the city and shall end at a point where the storm or surface waters exit from the storm and surface water system of the city. The width of the properties, interests and rights so transferred shall be to the full extent of inundation caused by storm or flood conditions.

C. All funds are on deposit in the city storm and surface water utility fund. (Ord. 540, 1989)

13.62.040 Management of utility.

Management of the storm and surface water drainage utility shall be vested in the mayor or the mayor’s designee. (Ord. 540, 1989)

13.62.050 Service charge imposed.

A. A storm and surface water utility service charge is imposed on every parcel of land within the city and the owner thereof.

B. This charge is deemed reasonable and is necessary to fund administration, planning, design, construction, operation, maintenance, repair, improvement and replacement of all existing and future storm and surface water facilities, including the accumulation of reserves and the retirement of any associated debt.

C. Charges for all parcels of real property within the city limits shall be set by resolution of the city council.

D. For the purpose of computing storm and surface water rates under this section, the land use designation as residential or commercial shall be the principal activity of the premises as determined by the public works director. Developed lots are those which have any improvement for which any city permit would have been, would now be, was, is or shall be required. (Ord. 691, 1995; Ord. 612, 1991; Ord. 595, 1991; Ord. 540, 1989)

13.62.060 Billing.

A. Storm and surface water utility charges for each parcel of real property within the city presently on a city utility system shall be computed on a monthly basis. The amount billed shall be included on the city’s bimonthly utility bill. All billings, collections, delinquencies and related administrative matters shall be handled in a manner consistent with Chapter 13.01.

B. Storm and surface water utility charges for each parcel of real property within the city not on the city’s utility system shall be computed annually. All delinquencies and related administrative matters shall be handled in a manner consistent with Chapter 13.01. (Ord. 540, 1989)

13.62.070 Appeals.

Any property owner who feels that the storm and surface water service charge for their property has been incorrectly computed or applied may petition in writing to the city clerk-treasurer. The city clerk-treasurer will review the computations. If not satisfied with the determination of the clerk-treasurer, the petitioner may appeal to the city council in writing at any regular meeting of the council. (Ord. 540, 1989)

13.62.080 Unpaid charges – Lien.

All charges for service, as provided in this chapter, or as may hereafter be amended, together with penalties and interest thereon, if any, shall, in addition to being a personal liability of the property owner, be a lien upon the property. Enforcement of such lien or liens shall be in any manner provided by law. (Ord. 540, 1989)

13.62.090 Violation – Penalty.

Violation of or failure to comply with any of the provisions of this chapter shall be subject to a civil penalty as set forth in Chapter 1.14. When violations are of a continuing nature, the penalty shall increase each day of the violation as set forth in Section 1.14.050(E). (Ord. 832, 2003; Ord. 540, 1989)