Chapter 14.01
GENERAL PROVISIONS
Sections:
14.01.010 Combined utility system.
14.01.030 Application for utility service.
14.01.040 Water service required for sewer customers.
14.01.045 Water service unavailable for sewer customers of other jurisdictions.
14.01.050 Sewer connection required.
14.01.055 Water connection required.
14.01.060 Rights inspection and access.
14.01.080 Civil action for damages.
14.01.010 Combined utility system.
The water and sanitary sewer systems of the city of Marysville, including all additions, extensions and betterments of the same, shall be owned, operated, administered and financed as a single utility under the exclusive jurisdiction of the city. (Ord. 1434, 1985).
14.01.020 Ownership of lines.
The city owns all utility lines constructed by it, or conveyed to and accepted by it, or which it has maintained and operated for a period of not less than 10 years. The city disclaims ownership of any collection, distribution, supply or transmission main which is not located within public property or public easement. The city reserves the right to disclaim ownership of any privately constructed water or sewer main which was not built to city specifications. The city shall have no maintenance, repair or replacement obligation with respect to lines which it does not own. (Ord. 1434, 1985).
14.01.030 Application for utility service.
The owner of any property desiring to connect to the city water or sewer system shall personally apply for the connection on such forms as may be prepared and made available by the city utility department. No such application shall be deemed accepted or granted by the city, and no vested rights to utility service shall accrue, unless and until all prerequisites for approval, as specified by ordinance or resolution, are complied with in full and to the satisfaction of the city. For properties located outside of the city limits, the provisions of Chapter 14.32 MMC (USA1 Code) shall apply. Following approval by the city, the applicant shall pay all required fees and charges. No utility connections shall be made until the fees and charges are paid in full. If the application is for both water and sewer service, all fees and charges must be paid for both utilities before either one is connected. (Ord. 2375 § 1, 2001; Ord. 1434, 1985).
14.01.040 Water service required for sewer customers.
(1) The city shall not permit any property located outside the city limits of Marysville to connect to city sewer service unless such property, including all occupied structures thereon, is also connected to city water service. Properties located within the Marysville city limits, including all occupied structures thereon seeking connections to city sewer, shall also be required to connect to water service from the city or from some other public agency whose system meets minimum city standards.
(2) The city council shall have the authority to grant variance from the requirements of subsection (1) of this section. Application for such a variance shall be filed, in writing, with the city clerk, together with a filing fee of $50.00. The applicant shall be given 10 days’ notice from the date on which the city council shall consider the variance. The city council is authorized to issue variances that allow connections to sewer service without water service only if it is found that it would cause a practical difficulty to require the extension of water service by reason of circumstances which are unique to the applicant’s property and not generally shared by other properties in the vicinity. No variance will be granted which would be detrimental to the public health, welfare or environment, or which would be inconsistent with the long-range plans of the Marysville utility system. Conditions may be imposed upon the granting of a variance to ensure the protection of the public health, welfare and environment, and in the interest of justice. Each variance shall be considered on a case-by-case basis, and it shall not be construed as setting precedent for any subsequent application. The decision of the city council on the variance application shall be final, subject to appeal to the Snohomish County superior court within a 20-day period thereafter. (Ord. 1853 § 1, 1991; Ord. 1546, 1987; Ord. 1434, 1985).
14.01.045 Water service unavailable for sewer customers of other jurisdictions.
(1) The city shall not provide water service to any property if such property, at any time, is connected to a public sewer service supplied by another jurisdiction or utility purveyor. This restriction shall apply both inside and outside the city limits.
(2) The city council shall have the authority to grant a variance from the restrictions of subsection (1) of this section. Application for such a variance shall be filed in writing with the city clerk, together with a filing fee of $50.00. The applicant shall be given 10 days’ notice of the date on which the city council shall consider the variance. The city council is authorized to issue such variances only if it is found that it would cause a practical difficulty to require the extension of city sewer service to the property by reason of circumstances which are unique to said property and not generally shared by other properties in the vicinity. No variance will be granted which would be detrimental to the public health, welfare or environment, or which would be inconsistent with the long-range plans of the Marysville utility system. Conditions may be imposed upon the granting of a variance to ensure protection of public health, welfare and environment, and in the interest of justice, each variance shall be considered on a case-by-case basis, and shall not be construed as setting precedent for any subsequent application. The decision of the city council on a variance application shall be final subject to appeal to the Snohomish County Superior Court within a 20-day period thereafter. (Ord. 1767, 1990).
14.01.050 Sewer connection required.
(1) The owner of any property within the city limits which is not connected to city sewer service shall be required to extend the sewer utility line which is within 200 feet of the structure to be served, as measured along the usual or most feasible route of access, and to connect to the same for all occupied structures on the property under any of the following circumstances:
(a) Upon construction of a building or structure which is designed for occupancy; or
(b) Upon construction of any additions, alterations or repairs within any 12-month period which exceed 50 percent of the value of an existing building or structure which is designed for occupancy; or
(c) Upon any change in the occupancy classification of an existing building or structure on the property; or
(d) Upon the failure of the on-site sewage disposal system on the property; or
(e) As a condition of approval for any new land division, including but not limited to subdivision, short subdivision, and binding site plan. In the case of new land divisions, the 200-foot threshold shall apply. Beyond the 200-foot threshold, the owner shall be required to extend the sewer utility line to all occupied structures regardless of distance unless one of the following exceptions applies:
(i) The proposed subdivision is within an unsewered urban enclave which is defined as an area within an urban growth area in which, in the opinion of the director, connection to public sewer is not economically or technically feasible due to manmade or natural barriers although public sewer may have been extended near such area, and for which the city has certified that it cannot reasonably provide sewer service because of such barriers.
(ii) The land division application proposes creation of no more than two lots and in addition meets each of the following conditions:
(A) The design for the land division includes specific provisions for future accommodation of public sewers in a manner which will allow for future development at appropriate urban densities. The director may require dry sewers and side sewer stub outs;
(B) The land division is configured in a manner which, in the opinion of the director, provides reasonable assurance that subsequent redevelopment will be at minimum or greater than minimum urban densities as outlined in the city’s comprehensive plan when sewer becomes available;
(C) One of the proposed new lots is no larger than the minimum lot size necessary to accommodate an on-site sewage treatment system with the reserve area required by the Snohomish Health District; however, on a case-by-case basis, the director may approve lots larger than the minimum lot size necessary to accommodate an on-site sewage treatment system with the reserve area required by the Snohomish Health District, if in the determination of the director the applicant meets the intent of subsections (1)(e)(ii)(A) and (B) of this section; and
(D) The director includes as a condition of approval a prohibition of further subdivision or short subdivision of the property until public sewer becomes available.
(2) Approval of any land division application utilizing the exception in subsection (1) of this section is contingent upon submittal of a legally binding agreement with the city, which must be recorded with the property records of Snohomish County and in a form acceptable to the director, in which the property owner and successors in interest agree to participate without protest in any sewer local improvement district (LID) or utility local improvement district (ULID), including agreement to pay any connection fees and monthly charges assessed by the city, LID or ULID. Nothing in this section shall be construed to limit the ability of the applicant or any successor in interest to challenge the amount of any assessment.
(3) The owner of any property outside of the city limits, but within the utility service area, which is connected to public water service as required in MMC 14.01.040(1) shall be required to extend the city’s sanitary sewer and connect to the same for all occupied structures on the property only if such structures, or any of them, are within 200 feet of the existing sanitary sewer, as measured along the usual and most feasible route of access, and only under the following circumstances:
(a) Upon construction of a building or structure which is designed for occupancy; or
(b) Upon construction of any additions, alterations or repairs within any 12-month period which exceed 50 percent of the value of an existing building or structure which is designed for occupancy; or
(c) Upon any change in the occupancy classification of an existing building or structure on the property; or
(d) Upon the failure of the on-site sewage disposal system on the property; or
(e) As a condition of approval for any new land division, including but not limited to subdivision, short subdivision, and binding site plan. In the case of new land divisions, the 200-foot threshold shall apply. Beyond the 200-foot threshold, the owner shall be required to extend the sewer utility line to all occupied structures regardless of distance unless one of the following exceptions applies:
(i) The proposed subdivision is within an unsewered urban enclave which is defined as an area within an urban growth area in which, in the opinion of the director, connection to public sewer is not economically or technically feasible due to manmade or natural barriers although public sewer may have been extended near such area, and for which the city has certified that it cannot reasonably provide sewer service because of such barriers.
(ii) The land division application proposes creation of no more than two lots and in addition meets each of the following conditions:
(A) The design for the land division includes specific provisions for future accommodation of public sewers in a manner which will allow for future development at appropriate urban densities. The director may require dry sewers and side sewer stub outs;
(B) The land division is configured in a manner which, in the opinion of the director, provides reasonable assurance that subsequent redevelopment will be at minimum or greater than minimum urban densities as outlined in the city’s comprehensive plan when sewer becomes available;
(C) One of the proposed new lots is no larger than the minimum lot size necessary to accommodate an on-site sewage treatment system with the reserve area required by the Snohomish Health District; however, on a case-by-case basis, the director may approve lots larger than the minimum lot size necessary to accommodate an on-site sewage treatment system with the reserve area required by the Snohomish Health District, if in the determination of the director the applicant meets the intent of subsections (3)(e)(ii)(A) and (B) of this section; and
(D) The director includes as a condition of approval a prohibition of further subdivision or short subdivision of the property until public sewer becomes available.
(4) Approval of any building permit or land division application utilizing the exception in subsection (3) of this section is contingent upon submittal of a legally binding agreement with the city, which must be recorded with the property records of Snohomish County and in a form acceptable to the director, in which the property owner and successors in interest agree to participate without protest in any sewer local improvement district (LID) or utility local improvement district (ULID), including agreement to pay any connection fees and monthly charges assessed by the city, LID or ULID. Nothing in this section shall be construed to limit the ability of the applicant or any successor in interest to challenge the amount of any assessment.
(5) Approval of any building permit or land division approval utilizing the exception in subsection (3) of this section is contingent upon submittal of a legally binding annexation agreement as established in MMC 14.32.035. The annexation agreement must be recorded with the property records of Snohomish County and in a form acceptable to the director, in which the property owner and all successors in interest agree to annexation of the property to the city when proposed.
(6) The city land use hearing examiner shall have the authority to grant variances from subsections (1) and (3) of this section. Applications for such variances shall be filed, in writing with the director, together with a filing fee of $200.00. The applicant shall be given 10 days’ notice of the date on which the hearing examiner shall consider the variance. The hearing examiner is authorized to issue such variances only if it is found that a literal enforcement of this chapter would cause practical difficulties or unnecessary hardships. No such variance shall be authorized unless the examiner finds that all of the following facts and conditions exist:
(a) That there are exceptional or extraordinary circumstances or conditions applying to the subject property or as to the intended use thereof that do not apply generally to other properties in the same vicinity;
(b) That such variance is necessary for the preservation and enjoyment of a substantial property right of the applicant possessed by the owners of other properties in the same vicinity;
(c) That the authorization of such variance will not be materially detrimental to the public interest, welfare or the environment;
(d) That the granting of such variance will not be inconsistent with the long-range plans of the city utility system, or jeopardize utility availability for properties within city limits;
(e) That the granting of such variances will not conflict with the city’s annexation policies as adopted by resolution. (Ord. 3028 § 1, 2016; Ord. 2774 § 1, 2009; Ord. 2375 § 2, 2001; Ord. 1547, 1987; Ord. 1434, 1985).
14.01.055 Water connection required.
(1) The owner of any property within the city limits which is not connected to city water service shall be required to extend the water service, and to connect to the same for all occupied structures on the property under any of the following circumstances:
(a) Upon construction of a building or structure which is designed for occupancy; or
(b) Upon construction of any additions, alterations or repairs within any 12-month period which exceed 50 percent of the value of an existing building or structure which is designed for occupancy; or
(c) Upon any change in the occupancy classification of an existing building or structure on the property; or
(d) Upon the failure of the on-site sewage disposal system on the property; or
(e) As a condition of approval for any new land division, including but not limited to subdivision, short subdivision, and binding site plan.
(2) The extension of water service is required as outlined in subsections (1)(a) through (e) of this section unless one of the following exceptions applies:
(a) An alteration, expansion, or replacement of an existing structure which does not require the installation of additional plumbing fixtures;
(b) The structure, consistent with the requirements of the International Building Code (IBC) as adopted by the city, lawfully incorporates no plumbing fixtures;
(c) The structure is located in an area in which public water connection will not be available within the next six years, according to the city’s adopted capital facilities plan.
(3) Approval of any building permit or land division application utilizing one of the exceptions in subsection (1) of this section is contingent upon submittal of a legally binding agreement with the city, which must be recorded with the property records of Snohomish County and in a form acceptable to the director, in which the property owner and successors in interest agree to participate without protest in any water local improvement district (LID) or utility local improvement district (ULID), including agreement to pay any connection fees and monthly charges assessed by the city, LID or ULID. Nothing in this section shall be construed to limit the ability of the applicant or any successor in interest to challenge the amount of any assessment.
(4) The owner of any property outside of the city limits, but within the utility service area, which is not connected to public water service shall be required to extend the public water service and connect to the same for all occupied structures on the property, under any of the following circumstances:
(a) Upon construction of a building or structure which is designed for occupancy; or
(b) Upon construction of any additions, alterations or repairs within any 12-month period which exceed 50 percent of the value of an existing building or structure which is designed for occupancy; or
(c) Upon any change in the occupancy classification of an existing building or structure on the property; or
(d) Upon the failure of the on-site sewage disposal system on the property; or
(e) As a condition of approval for any new land division, including but not limited to subdivision, short subdivision, and binding site plan, unless one of the following exceptions applies:
(i) An alteration, expansion, or replacement of an existing structure which does not require the installation of additional plumbing fixtures;
(ii) The structure, consistent with the requirements of the International Building Code (IBC) as adopted by the city, lawfully incorporates no plumbing fixtures;
(iii) The structure is located in an area in which public water connection will not be available within the next six years, according to the city’s adopted capital facilities plan.
(5) Approval of any building permit or land division application utilizing one of the exceptions in subsection (3) of this section is contingent upon submittal of a legally binding agreement with the city, which must be recorded with the property records of Snohomish County and in a form acceptable to the director, in which the property owner and successors in interest agree to participate without protest in any water local improvement district (LID) or utility local improvement district (ULID), including agreement to pay any connection fees and monthly charges assessed by the city, LID or ULID. Nothing in this section shall be construed to limit the ability of the applicant or any successor in interest to challenge the amount of any assessment.
(6) Approval of any building permit or land division approval utilizing the exceptions in subsection (3) of this section is contingent upon submittal of a legally binding annexation agreement as established in MMC 14.32.040(2). The annexation agreement must be recorded with the property records of Snohomish County and in a form acceptable to the director, in which the property owner and all successors in interest agree to annexation of the property to the city when proposed.
The city land use hearing examiner shall have the authority to grant variances from subsections (1) and (4) of this section. Applications for such variances shall be filed, in writing with the director, together with a filing fee of $200.00. The applicant shall be given 10 days’ notice of the date on which the hearing examiner shall consider the variance. The hearing examiner is authorized to issue such variances only if it is found that a literal enforcement of this chapter would cause practical difficulties or unnecessary hardships. No such variance shall be authorized unless the examiner finds that all of the following facts and conditions exist:
(a) That there are exceptional or extraordinary circumstances or conditions applying to the subject property or as to the intended use thereof that do not apply generally to other properties in the same vicinity;
(b) That such variance is necessary for the preservation and enjoyment of a substantial property right of the applicant possessed by the owners of other properties in the same vicinity;
(c) That the authorization of such variance will not be materially detrimental to the public interest, welfare or the environment;
(d) That the granting of such variance will not be inconsistent with the long-range plans of the city utility system, or jeopardize utility availability for properties within city limits;
(e) That the granting of such variances will not conflict with the city’s annexation policies as adopted by resolution. (Ord. 2774 § 2, 2009).
14.01.060 Rights inspection and access.
City officials, employees and agents shall have the right to enter upon private property at all reasonable times to inspect and test appliances, utility lines and appurtenances which are connected to the city utility system. (Ord. 1434, 1985).
14.01.070 Penalties.
It shall constitute a violation of this chapter for any person or party to commit, authorize, solicit, aid, abet or attempt the following unlawful acts:
(1) Divert or cause to be diverted utility services by any means whatsoever;
(2) Make or cause to be made any connection or reconnection with the city utilities without the authorization or consent of the city;
(3) Discharge any substance prohibited, including effluent from private water facilities, into the city’s sewer system without the authorization or consent of the city;
(4) Prevent any utility meter or other device used in determining the charge for utility services from accurately performing its measuring function by tampering or by any other means;
(5) Tamper with any property owned or used by the city to provide utility services;
(6) Use or receive the direct benefit of all or a portion of the utility service with knowledge of, or reason to believe that, the diversion, tampering or unauthorized connection existed at the time of the use or that the use or receipt was without the authorization or consent of the city.
Violations of subsections (1) through (6) of this section and violations of this chapter shall be punished as set forth in MMC 4.02.040(3)(g). Each day that a violation continues shall constitute a separate offense. The penalties provided in this section shall be construed as being cumulative with civil damages provided in MMC 14.01.080. (Ord. 2951 § 12, 2014; Ord. 1434, 1985).
14.01.080 Civil action for damages.
The city may bring a civil action for damages against any person or party who commits, authorizes, solicits, aids, abets or attempts any of the following:
(1) Divert or cause to be diverted utility services by any means whatsoever;
(2) Make or cause to be made any connection or reconnection with the city utilities without the authorization or consent of the city;
(3) Discharge any substance prohibited, including effluent from private waste facilities, into the city’s sewer system without the authorization or consent of the city;
(4) Prevent any utility meter or other device used in determining the charge for utility services from accurately performing its measuring function by tampering or by any other means;
(5) Tamper with any property owned or used by the city to provide utility services;
(6) Use or receive the direct benefit of all or a portion of the utility service with knowledge of, or reason to believe that, the diversion, tampering or unauthorized connection existed at the time of the use or that the use or receipt was without the authorization or consent of the city.
In any civil action brought under this section, the city may recover from the defendant as damages three times the amount of actual damages, if any, plus the costs of the suit and reasonable attorney’s fees, plus the costs incurred on account of the bypassing, tampering, or unauthorized reconnection, including but not limited to costs and expenses for investigation, disconnection, reconnection, service calls and expert witnesses.
If the damage is done to utility property which is located on premises which are served by city utility service and which are owned or occupied by the party or parties responsible for the damage, the judgment may be added to the utility bill for the premises and may be collected pursuant to Chapter 14.05 MMC. (Ord. 1434, 1985).
Utility Service Area.