Chapter 13.35
SURFACE WATER UTILITY – SYSTEM AND STRUCTURE OF RATES
Sections:
13.35.020 Potential hazard declared.
13.35.030 System of rates and charges.
13.35.035 Newly annexed areas – Temporary rate reduction.
13.35.040 Billing and collection.
13.35.050 Delinquent charges – Enforcement of collection.
13.35.060 Surface water utility account.
13.35.080 Recordation and attorneys’ fees.
13.35.010 Definitions.
A. “City” means the city of Mount Vernon, a municipality, and its authorized employees.
B. “Council” means the city council of Mount Vernon.
C. “Customer” means a person in whose name service is rendered as evidenced by the signature on the application or contract for that service or, in the absence of a signed instrument, by the receipt and payment of bills regularly issued in his/her/its name regardless of the identity of the actual user of the service.
D. “Equivalent service unit (ESU)” means a configuration of development, or impervious surfaces on a parcel, estimated to contribute an amount of runoff to the city’s surface water management system which is approximately equal to that created by the average developed single-family residential parcel within Mount Vernon. One ESU is equal to 3,200 square feet of impervious surface area.
E. “Impervious surface” means that hard surface area which either prevents or retards the entry of water in the soil mantle and/or causes water to run off the surface in greater quantities or at an increased rate of flow from that present under natural conditions. Impervious surfaces may include, but are not limited to, rooftops, concrete or asphalt paving, walkways, patios, driveways, parking lots or storage areas, trafficked gravel, and oiled, macadam or other surfaces which similarly impede the natural infiltration or runoff of surface water.
F. “Parcel” means the smallest separately segregated unit or plot of land having an identified owner, boundaries, and surface area which is documented for tax purposes and given a tax account (lot) number by the Skagit County assessor.
G. “Parcel, developed” means any parcel which has been altered by grading or filling of the ground surface, or by construction of any improvement or other impervious surface area, which affects the hydraulic properties of the parcel.
H. “Parcel, single-family residential” means any parcel of land which is improved with a dwelling unit for occupancy by a single-family or a similar group of people. A single-family residential parcel also may be an individual dwelling, mobile home, flat or unit in a multifamily building or portion thereof for occupancy as the home, residence or sleeping place for one or more persons, provided each such dwelling, mobile home, flat or unit is owned separately.
I. “Parcel, undeveloped” means any parcel which has not been altered by grading or filling of the ground surface, or by construction of any improvements or other impervious surface area which affects the hydraulic properties of the parcel. (Ord. 3735 § 1, 2017; Ord. 2570 § 2, 1993).
13.35.020 Potential hazard declared.
The city council finds and declares that absent effective maintenance, operation, regulation, enforcement and improvement, existing surface water drainage conditions in all drainage basins and sub-basins within the city constitute a potential hazard to the health, safety and property of city inhabitants. The city council finds further that natural and manmade surface water facilities and conveyances together constitute a surface water drainage system and that effective regulation and control of surface water may best be achieved through formation, by the city, of a surface water utility and the transfer to the utility of all surface water facilities and conveyances and related rights belonging to the city. (Ord. 2570 § 3, 1993).
13.35.030 System of rates and charges.
A. There is hereby imposed a system of rates and charges on each parcel of real property within the city served by or to which service is available by the utility established by this chapter. The charges are found to be reasonable and necessary as a means for regulation of surface water within the city. This regulatory program will fund the administration, planning, design, construction, water quality programming, operation, maintenance and repair of surface water system, facilities, conveyances and program. As set forth in the table below, the charges per equivalent service unit (ESU) required to support the program identified in the Comprehensive Surface Water Management Plan are $10.00 per month in 2018, $11.00 per month in 2019, $12.00 per month in 2020, and shall be revised annually with a Consumer Price Index for Seattle-Tacoma-Bremerton-All Urban Wage Earners (CPI-U) adjustment in all following years; provided, however, that the city reserves the right to fix, alter, regulate, revise and control the rates and charges:
|
|
2018 Rate |
2019 Rate |
2020 Rate |
2021 Rate |
2022 Rate |
2023 Rate |
2024 Rate |
2025 Rate |
|---|---|---|---|---|---|---|---|---|
|
ESU Rate |
$10.00 |
$11.00 |
$12.00 |
CPI |
CPI |
CPI |
CPI |
CPI |
On January 1st of each year, the fees and charges for surface water set out in this section shall be indexed annually to reflect 100 percent of any change from the Consumer Price Index for Seattle-Tacoma-Bremerton-All Urban Wage Earners (CPI-U) for the previous October, or other comparable index if not published. In no event shall the change in rates be less than zero percent in any given year. Unit prices and all other charges shall be to the nearest cent.
B. The following utility charges are hereby established for all parcels of real property in the city:
1. Single-Family Residential Parcel. The single-family residential charge shall be equal to the charge for one ESU per month as set forth in this section for each parcel having one residential dwelling. This uniform rate is based on each single-family parcel being equal to one ESU.
2. Duplex. The charge for duplex properties shall be equal to the charge for one ESU per month as set forth in this section.
3. Undeveloped Parcels. Undeveloped parcels shall not be charged under this system and structure of rates.
4. Other Parcels. The charge for all other parcels shall be based upon the total amount of measured impervious surface divided by one ESU, and rounded to the nearest whole number. The actual total monthly service charge shall be computed by multiplying the measured ESUs for a parcel by the monthly rate per ESU as set forth in this section.
5. Certain Properties Exempted. By virtue of their design for collection and conveyance of surface water runoff, city owned streets shall not be charged under this system and structure of rates.
6. Senior Citizen and Low Income Discount. The charge for any single-family residential unit owned and occupied by a low income elderly person shall be 75 percent of the rate otherwise applicable. For the purposes of this section, “low income elderly person” means a person who has applied for classification as a low income elderly person and has certified he or she qualifies for exemption from all excess property taxes pursuant to the terms of RCW 84.36.381. Proof of entitlement may consist of documents or copies of documents from the county assessor’s office showing that the applicant meets the necessary qualifications as set forth in RCW 84.36.381.
7. Drainage Districts. All properties within the city and also located within and paying charges to a drainage district shall receive a discount in the utility charge to the property in an amount equal to the drainage district charge; provided, however, the amount of the discount shall not exceed the amount of the utility charge assessed pursuant to this chapter.
8. On-Site Water Quality Treatment and Detention Facility Discount. The charge for any parcel, other than single-family residential or duplex properties, meeting the minimum requirements of the latest city adopted edition of the Department of Ecology’s Storm Water Management Manual for the Puget Sound Basin shall be reduced by 30 percent upon application to the office of development services. It shall be the duty of the property owner to submit an application, with evidence of compliance with the latest city adopted edition of the Department of Ecology’s Storm Water Management Manual for the Puget Sound Basin according to the requirements of the city engineer, to the office of development services. In order to maintain the discount, a detailed inspection report and documentation of corrective actions taken will need to be submitted to the office of development services annually.
9. The rate charged under this section for storm or surface water sewer systems shall be reduced by 10 percent for any new or remodeled commercial building that utilizes a permissive rainwater harvesting system. Rainwater harvesting systems shall be properly sized to utilize the available roof surface of the building. (Ord. 3735 § 2, 2017; Ord. 3700 § 12, 2016).
13.35.035 Newly annexed areas – Temporary rate reduction.
The surface water utility charge for any parcel of real property, other than single-family residential or duplex properties, newly annexed within the city shall be reduced by 50 percent for a period of three years effective upon annexation. This shall include both developed and undeveloped parcels. (Ord. 3243 § 1, 2005).
13.35.036 Newly annexed areas – South Mount Vernon annexation area.
Repealed by Ord. 3735. (Ord. 3243 § 2, 2005).
13.35.040 Billing and collection.
Utility rates and charges for each parcel of developed real property within the city shall be computed on a monthly basis. The amount to be billed shall be included on the existing utilities bill as a separate line item. A “surface water only” billing will be sent to those property owners who are not current city utilities customers. Utility rates and charges specified in this chapter shall be the responsibility of the owner in fee of any property chargeable for such service. Such charges shall be billed to the owner in fee of the property served last made known to the city, and to the last known address. It shall be the duty of every property owner within the city to notify the office of the finance director of the fact of ownership and the address to which billing should be made. Any purchaser of property within the city shall notify the office of the finance director of the date of purchase and the proper billing address immediately upon acquisition of such interest; provided, however, that any owner in fee may designate another party to receive billing statements (such as a tenant) if such owner shall do so in writing together with a waiver of notice of such bills or any liens for delinquent accounts. This shall not relieve the owner from final liability for utility rates and charges. (Ord. 2570 § 5, 1993).
13.35.050 Delinquent charges – Enforcement of collection.
A. Charges made pursuant to this chapter shall become delinquent if not paid within 25 days following the billing date. If such charges are not paid by the twenty-fifth day following the billing date, interest shall accrue at the annual rate of eight percent, computed monthly, until the account is paid. In the event any billing or other service charge has not been paid within 60 days of billing, the city shall mail a first delinquency notice to the property owner and occupant if the record owner does not reside at the premises. The delinquency notice shall provide the following:
1. Notice that payment for service is overdue, an itemization of the total amount due, and that a statutory lien will be imposed;
2. A date certain by which the account must be settled, which date shall not exceed 10 days from the date of the notice; and
3. The address and telephone number of the finance department, stating that the owner or occupant may contact the department if a dispute exists as to liability for the billing or the validity of lien.
The customer shall be charged $10.00 for this first notice.
B. The city, as provided by law, shall have a lien against the premises to which storm sewer charges attach pursuant to this chapter, and may enforce such lien in any matter provided by law. Such lien shall encompass all delinquent and unpaid rates and charges for sewer service, penalties, and interest thereon, all in accordance with RCW 35.67.200. Pursuant to RCW 35.67.215, the sewerage lien shall be effective for a total not to exceed one year’s delinquent service charges without the necessity of any writing or recording of the lien with the county auditor. (Ord. 2983 § 3, 1999).
13.35.060 Surface water utility account.
All money collected through utility rates and charges shall be deposited in the surface water utility account as established and maintained by the director of finance. (Ord. 2570 § 7, 1993).
13.35.070 Appeal of charges.
A. Any customer making a timely payment of the city’s total utilities bill who considers the city’s surface water charge applied to their parcel to be inaccurate or who otherwise disagrees with the utility rate determination, may apply to the city engineer, or his/her designee, for a service charge adjustment, stating in writing the grounds for such an adjustment. The city engineer will review the case file and determine whether an adjustment to the charge is necessary to provide for reasonable and accurate application of the utility rates and charges.
B. Appeals of decisions made by the city engineer may be brought before the city council who may direct the reevaluation of the appeal.
C. Any appeal under this chapter shall be filed with the city engineer no later than 20 days after initial billing. Any subsequent appeal shall be recorded with the city council within 20 days of the recorded decision of the city engineer.
D. Nothing in this chapter shall be construed to grant a right to judicial review which does not otherwise exist in law. In all cases, the decision of the city council shall be final and conclusive. (Ord. 2570 § 8, 1993).
13.35.080 Recordation and attorneys’ fees.
A. The cost of recording any documents evidencing a lien with the county auditor shall constitute an additional penalty. Such additional penalty shall be secured by the lien imposed pursuant to MVMC 13.35.050.
B. The cost and expense of prosecuting any lien foreclosure action, and any disbursements made by the city pursuant thereto including reasonable attorneys’ fees, shall be secured by the lien imposed pursuant to MVMC 13.35.050. (Ord. 2983 § 4, 1999).