Chapter 13.08 SEWERS

Chapter 13.08
SEWERS Revised 3/24

13.08.000 Chapter Contents

Sections:

ARTICLE I. SEWER CONNECTIONS

13.08.005 Purpose and policy.

13.08.010 Definitions.

13.08.015 Rules for administration and enforcement--Copy filing--Noncompliance.

13.08.020 Connection required when.

13.08.030 Permit required to open sewer.

13.08.040 Side Sewer Installation and Maintenance.

13.08.050 Wastewater Management Plan.

13.08.080 Work in streets or public places.

13.08.090 Sewer connection type.

13.08.150 Tampering with and depositing rubbish in public sewer--Prohibited discharges.

13.08.180 Sewer service outside city limits.

13.08.185 Sewer service outside city limits--Agreements to run with the land.

13.08.186 Sewer service outside city limits--Other sections not affected.

ARTICLE II. SEWER RATES

13.08.190 Sewer rates--Definitions.

13.08.200 Payment of sewer bills.

13.08.205 Sewer general facility charges. Revised 3/24

13.08.210 LOTT capacity development charge--Payment. Revised 3/24

13.08.215 Septic to Sewer Program and infrastructure extension charges.

13.08.220 Charges become lien on premises--Enforcement.

13.08.230 Shutting off water upon default.

ARTICLE III. AREA SERVICE CHARGE

13.08.290 Charges become lien on premises.

ARTICLE IV. VIOLATIONS

13.08.380 Violations--Penalties.

(Ord. 7318 §1, 2022; Ord. 7100 §1, 2017; Ord. 7024 §§1, 6, 2016; Ord. 6774 §4, 2011; Ord. 6647 §1, 2009; Ord. 6486 §1, 2007).

ARTICLE I. SEWER CONNECTIONS

13.08.005 Purpose and policy

The following regulations are established for the control of the municipal wastewater system of the City. This chapter applies to all users of the City wastewater system, both public and private portions, whether the premises served is inside or outside the Olympia city limits. (Ord. 7318 §1, 2022; Ord. 6774 §4, 2011).

13.08.010 Definitions

For the purpose of this chapter, the words or phrases below have the following meanings:

A. “City” means the City of Olympia, Washington, or as indicated by the context, may mean the Wastewater Utility, City Clerk, City Engineer, Finance Director, or other City employee or agent representing the City in the discharge of official duties.

B. “City Council” means the City Council of the City of Olympia.

C. "City Engineer" means the City Engineer of the City of Olympia, or the City Engineer’s designee, who has the duty and authority to enforce the codes and standards adopted by the City Council, as they relate to the development and operation of the City’s infrastructure by private development, including other governmental agencies, and City projects.

D. “City Manager” means the City Manager of the City of Olympia or the City Manager’s designee.

E. "Domestic use" means any use which contributes, causes, or allows the contribution of wastewater into the City wastewater conveyance system that is of a similar volume and/or chemical make-up as that of a residential dwelling unit. Discharges from a residential dwelling unit include flows with up to 300 mg/l of Biological Oxygen Demand and 300 mg/l of Total Suspended Solids.

F. "Downtown Deferred General Facility Charge Payment Option Area" means all properties located within the area bounded by: Budd Inlet to the north; Budd Inlet and Capitol Lake on the west; Sid Snyder Avenue extending between Capitol Lake and Capitol Way; and 14th Avenue extending to Interstate 5 on the south; Interstate 5 on the southeast; Eastside Street on the east; and Olympia Avenue extending to Budd Inlet on the north.

G. “Gravity sewer system” means that portion of the public sewer in which wastewater flows through pipes by means of gravity and the sewer lift stations and force mains that connect the gravity pipes in the system. S.T.E.P. and grinder pump systems, and associated low pressure mains, are not part of the gravity sewer system.

H. “Grinder pump system” means a facility consisting of a holding tank, grinder pump, and pressure piping system for conveying wastewater liquid and solids into the sewer system.

I. "Industrial use" means any use with a source of discharge which does not qualify that domestic use which discharges an effluent into the City wastewater conveyance system by means of pipes, conduits, pumping stations, force mains, tank trucks, constructed drainage ditches, intercepting ditches, and any constructed devices and appliances appurtenant thereto.

J. “Onsite sewage system” means a wastewater system consisting of a tank for settling and digesting wastewater solids that disposes of effluent on the same premises that produces the wastewater. This type of system is commonly called a “septic system.” “Onsite sewage system” as used in this chapter has the same meaning as “on-site septic system,” "on-site sewage system,” and “on-site sewage disposal system” as used in revised code of Washington.

K. "Premises" means a property, lot, tract of land, building, or group of adjacent buildings under a single control with respect to connection to sewer and responsibility for payment of fees and rates therefor.

L. "Public combined sewer" means that portion of the public sewer system intended to collect both sanitary sewage and stormwater in a single sewer system and located within public rights-of-way or easements and operated and maintained by the City.

M. "Public sewer" means that portion of the wastewater system located within public rights-of-way or easements and operated and maintained by the City.

N. “Public Works Director” means the Director of the City of Olympia Public Works Department or the Public Works Director’s designee.

O. “Owner” means a natural person or legal entity, including an association, partnership, corporation, or limited liability company, who owns or controls a premises.

P. “Septic tank effluent pumping or S.T.E.P. system” means a facility consisting of a tank or tanks for settling and digesting wastewater solids and a pressure piping system for conveying the supernatant liquid into the sewer system. Most of the wastewater solids remain in the S.T.E.P. tank and are removed periodically.

Q. “Side sewer” means that portion of the sewer beginning outside the outer foundation wall of a structure and extending to the connection to the sewer main, or to the S.T.E.P. tank, or to the grinder system service connection. Also referred to as a “building sewer” or a “service lateral.”

R. “Standard specifications” means those standard specifications for public works construction that have been adopted by the City Council.

(Ord. 7318 §1, 2022; Ord. 7187 §3, 2019; Ord. 7069 §1, 2017; Ord. 7024 §2, 2016; Ord. 6805 §3, 2012; Ord. 6774 §4, 2011; Ord. 6486 §2, 2007; Ord. 1210 §21, 1912).

13.08.015 Rules for administration and enforcement--Copy filing--Noncompliance

The City Manager may adopt rules and regulations necessary for the administration of this chapter and chapter 4.24 OMC; a copy of such rules and regulations must be on file and available for public examination at the City Clerk’s Office or at such other place or places as may be designated by the City Council. Failure to comply with any such rules and regulations is a violation of this chapter.

(Ord. 7318 §1, 2022).

13.08.020 Connection required when

1. The owner of any premises is not required to connect the premises to the public sewer so long as the premises is served by an existing lawfully functioning onsite sewage system and the premises is not being divided. In the event any premises is served by an onsite sewage system that fails to function and cannot be remedied through minor repairs, and there is a public sewer available within 200 feet of the premises, the owner shall connect the premises to the public sewer. All premises within 200 feet of a public sewer main are deemed to be within the area served by such public sewer. The distance to the public sewer is measured from the nearest adequate public sewer, by way of a public right-of-way or easement, to the nearest edge of the premises. If a premises does not have frontage on any public right-of-way or easement, the distance to the premises is measured to the nearest edge of the easement used for ingress and egress to the premises. If no easement exists, it is measured to the point where the driveway meets a public right-of-way or easement.

The Public Works Director may make an exception for the requirement to connect for the replacement of a septic tank only where the connection to sewer would require an extension of the public sewer infrastructure.

In the event the premises is served by an individual onsite sewage system which fails to function and there is no public sewer available within 200 feet and a replacement individual system cannot be lawfully approved to serve the premises, the owner of the premises shall nevertheless connect to the public sewer, or the premises must cease to be occupied. An owner may avoid the requirement to connect by discontinuing the generation or discharge of any waste from the site and abandoning the onsite sewage system. The abandonment of the onsite sewage system must be in accordance with Thurston County Environmental Health regulations.

In the event any premises served by an onsite sewage system is divided or decreased in size through any means, the owner shall connect the premises with the onsite sewage system to the public sewer and abandon the existing onsite sewage system unless the criteria for a new onsite septic system in OMC 13.08.090 is met after the division or decrease in size. The only requirement of OMC 13.08.090 not applicable to the premises with the existing onsite sewage system is the provision that the premises be an undeveloped lot of record that existed prior to November 21, 2006. All other premises created by the division of the original premises must be connected to public sewer.

If any application is submitted for replacement of a septic tank or drainfield and the existing onsite sewage system is functioning, the Public Works Director shall deny the application if the premises and application do not meet the criteria in OMC 13.08.090 for a new onsite sewage system.

2. An owner who is required to connect to the public sewer based on subsection 1 of this section may appeal such requirement to the Public Works Director or to the Hearing Examiner as described in subsection 4 of this section, or to Thurston County.

3. Pursuant to RCW 35A.21.390, upon the failure of an onsite sewage system for which the City requires a connection to a public sewer system, the owner of such system may appeal the City’s recommendation for denial of the permit to repair or replace existing, failing onsite sewage system that:

(a) Were made for a single-family residence by its owner or owners;

(b) Were denied solely because of a law, regulation, or ordinance requiring connection to a public sewer system; and

(c) Absent the applicable law, regulation, or ordinance requiring connection to a public sewer system upon which the denial was based, would be approved.

4. Any such appeal of the City’s recommendation in circumstances set forth in subsection 3 of this section must be made to the Public Works Director or the City’s Hearing Examiner as provided in OMC 18.70.170, who shall consider, at a minimum whether:

(a) It is cost-prohibitive to require the owner to connect to the public sewer system. In complying with this subsection (4)(a), the City must consider the estimated cost to repair or replace the onsite sewage system compared to the estimated cost to connect to the public sewer system;

(b) There are public health or environmental considerations related to allowing the owner to repair or replace the onsite sewage system. In complying with this subsection (4)(b), the City must consider whether the repaired or replaced onsite sewage system contributes to the pollution of surface waters or groundwater;

(c) There are public sewer system performance or financing considerations related to allowing the owner to repair or replace the onsite sewage system; and

(d) There are financial assistance programs or latecomer agreements offered by the City or state that may impact a decision of the owner to repair or replace the onsite sewage system.

A copy of the Public Works Director’s or City Hearing Examiner’s decision must be provided to the appropriate official at Thurston County for consideration in the County’s decision to approve or deny the permit or in consideration of an appeal. Appeal of the final permit decision made by Thurston County must be made through the appropriate Thurston County appeal process.

5. Within the area served by the public sewer as it now exists and as it may be improved and extended in the future, the owner of each premises, upon which is a building or structure, shall within 30 days of notification by the City for connections to be made therewith cause a connection to be made between the sewage system and each such building or structure within such premises.

6. If any connection to the public sewer is not made within the time provided in this section, the City Engineer or the City Engineer’s designee is authorized and directed to cause such connection to be made. The total costs of such connection, together with a penalty of 10 percent, plus interest at the rate of six percent per year upon the total amount of such cost and penalty, is assessed against the premises upon which the building or structure is situated, and the total amount of such cost and penalty and interest becomes a lien thereon as provided in this chapter. Such total amount, when collected, must be paid into the sewer fund.

(Ord. 7318 §1, 2022; Ord. 7024 §3, 2016; Ord. 6774 §4, 2011; Ord. 6486 §3, 2007; Ord. 5784 §1, 1998; Ord. 5197 §2, 1991; Ord. 4013 §1, 1977; Ord. 3602 §1, 1970; Ord. 2087 § 1, 2, 1928; Ord. 1210 §1, 1912).

13.08.030 Permit required to open sewer

A person may not make any opening in any sewer or drain, public or private, or connect a private sewer or drain to any public sewer or drain without complying with all of the provisions of this article relating thereto and obtaining and having a permit to do so from the Community Planning and Development Department.

(Ord. 7318 §1, 2022; Ord. 6774 §4, 2011; Ord. 5126 §20, 1990; Ord. 4422 §7, 1983; Ord. 4229 §2, 1980; Ord. 4013 §7, 1977; Ord. 1960 §2 (part), 1926; Ord. 1210 §7, 1912).

13.08.040 Side Sewer Installation and Maintenance

A. A person making any connection to the public sewer shall make such connection in a permanent and sanitary manner, subject to the approval of the City Engineer and in accordance with the public works standard specifications, engineering design and development standards, and uniform plumbing code of the City. The owner of premises for which a connection to the public sewer system is made shall pay all costs and expense incidental to the installation, connection, and maintenance of a side sewer, except as provided in subsections (B) and (C) of this section.

B. City ownership of a gravity side sewer is from the sewer main to the right-of-way line or sewer easement boundary, if a cleanout exists at this point. The owner owns the side sewer from the premises to the cleanout at the right-of-way line or sewer easement boundary. The owner shall install and maintain the cleanout so it is accessible to the City.

If no cleanout exists at the right-of-way line or sewer easement boundary, the owner owns the side sewer from the premises to the sewer main, until the owner installs a cleanout at the right-of-way line or sewer easement boundary. The connection between the side sewer and the main is owned and maintained by the City.

City ownership of a grinder side sewer is between the main and the service connection. All other elements of the grinder pump system, including but not limited to, the valves, pumps, and pressurized service line between the grinder pump and the service connection is owned by the owner and the owner shall maintain all such elements.

City ownership of S.T.E.P. side sewers is according to an applicable bill of sale.

C. Regardless of ownership of the sewer infrastructure where a blockage occurs, the owner is responsible for the removal of, and shall remove, blockages in side sewers between the premises and the city main, including tree roots, dirt, debris, broken pieces of pipe, fats, oils, and grease, or other obstruction, if the cause of the blockage originated from privately owned premises. The City is not liable for any damages or costs incurred by reason of blockage or damage to the side sewer, if the cause of the damage or blockage originated from privately owned premises.

(Ord. 7318 §1, 2022; Ord. 7069 §2, 2017; Ord. 6774 §4, 2011; Ord. 6486 §4, 2007).

13.08.050 Wastewater Management Plan

The Director of Public Works is authorized and directed to prepare a wastewater management plan for the City wastewater conveyance system, in accordance with RCW 90.48.110. The Director of Public Works shall also determine the standards for development and improvement of the wastewater system to provide safe and adequate conveyance of sewage to the City wastewater conveyance system. The plan is kept on file in the offices of the City Clerk and the Public Works Department.

(Ord. 7318 §1, 2022; Ord. 7187 §3, 2019; Ord. 7024 §4, 2016; Ord. 6774 §4, 2011; Ord. 6486 §5, 2007).

13.08.080 Work in streets or public places

All work within the limits of any street or public place must be prosecuted to completion with due diligence by a licensed contractor. The contractor shall post a bond acceptable to the City Engineer prior to any street excavation. If in the judgment of the City Engineer, or the City Engineer’s inspector, any excavation is left open beyond a reasonable time, the City Engineer shall cause the same to be refilled, and the street restored as soon as possible to its former condition. Any costs incurred in such work must be charged to the contractor in charge of such work or against the contractor’s bond and the contractor shall pay such costs before the contractor may receive any future permit from the City.

(Ord. 7318 §1, 2022; Ord. 7187 §3, 2019; Ord. 6774 §4, 2011; Ord. 4013 §9, 1977; Ord. 1210 §13, 1912).

13.08.090 Sewer connection type

The City of Olympia permits only gravity sewer systems, with lift stations when needed, except as follows:

A. New onsite sewage systems are permitted by Thurston County, with input from Olympia, only where all of the applicable criteria in Table 1 are met. For a septic system to be considered a replacement system, it must be replacing an existing septic system on the premises, without an increase in size due to an increase in building size, number of bedrooms,or number of ERUs.

Table 1
	New System, Inside City Limits	New System, Outside City Limits	Replacement System, Inside Or Outside City Limits
Location	Lot must be located more than 200 feet from an available public sewer as defined in OMC 13.08.020	Lot must be located more than 200 feet from an available public sewer as defined in OMC 13.08.020	Lot must be located more than 200 feet from an available public sewer as defined in OMC 13.08.020
Building	Systems may only be approved to serve a single-family residence or a single-family residence with an accessory dwelling unit unless the system approved is a community onsite sewage system (COSS) as described in OMC 13.08.090(A)(3).	No building requirement.	No building requirement.
Lot size	Lot must be at least one acre, as described in subsection 1 below or be granted an exception to the one-acre rule as described in OMC 13.08.090(A)(2).	Lot size requirement is determined by Thurston County.	Lot size requirement is determined by Thurston County.
Shoreline	All septic system components are prohibited within the shoreline jurisdiction, as defined in the Shoreline Master Program.	All septic system components are prohibited within the shoreline jurisdiction, as defined in the Shoreline Master Program.	Septic system components must be located outside the shoreline jurisdiction, as defined in the Shoreline Master Program, if possible. Exceptions may be approved by Thurston County.
Interim	System must meet criteria in OMC 13.08.090(A)(4).	System must meet criteria in OMC 13.08.090(A)(4).	For owners engaged in commercial use and premises with multi-family residences, system must meet criteria in OMC 13.08.090(A)(4). No interim system requirement for a single-family residence, including a single-family residence with an ADU.
Lot origin	Lot must be a lot of record that existed prior to November 21, 2006, or have been created through consolidation of lots in existence prior to November 21, 2006, or be approved for a community onsite sewage system (COSS) as described in OMC 13.08.090(A)(3).	Lot must have existed prior to application for the onsite sewage system. Lot subdivision is not permitted if the resulting lots would be served by onsite sewage systems except those approved for a community onsite sewage system (COSS) as described in OMC 13.08.090(A)(3).	No lot origin requirement.

1. The lot size determination must include only those portions of a lot unencumbered by streams and important riparian areas, wetlands and small lakes, landslide hazard areas, and their associated buffers as defined in OMC 18.32, and unencumbered by rights-of-way and easements, and.

2. Exceptions to the one-acre minimum lot size are considered by the Public Works Director or the Public Works Director’s designee when application is made in writing to the Public Works Director, on forms provided by the City. New onsite sewage systems for undeveloped lots of record smaller than one acre are evaluated using the following criteria:

a. New onsite sewage systems may not be permitted on lots located within an area at high risk for onsite sewage systems, nor within a marine recovery area, nor within a shellfish protection area, as determined by input from Thurston County Environmental Health; and

b. New onsite sewage systems may only be permitted on lots connected to public water service; and

c. New onsite sewage systems may not be permitted on lots smaller than 12,500 square feet. The lot size determination is as defined in subsection (A)(1) of this section.

3. Community onsite sewage systems (COSS) may be permitted by Thurston County with input from Olympia with the following requirements:

a. Gravity sewer lines must be installed to all sites served by the COSS and along the frontage of the project as required in EDDS 3.110; and

b. All connection charges and monthly or bi-monthly sewer bills must be paid at the same rate as properties connecting to sewer; and

c. COSS are considered interim facilities and must meet the requirements of subsection (A)(4) of this section; and

d. Once constructed, COSS are owned and maintained by the City of Olympia. The owner shall record all related bills of sale and easements in the office of the Thurston County Auditor.

4. Permitted onsite sewage systems are considered interim facilities and must meet the following criteria:

a. The system must be designed and constructed to facilitate conversion to the public sewer when sewer becomes available, as determined by the Public Works Director.

b. Each owner constructing a new onsite sewage system must enter into an Agreement for Interim Onsite Sewage System with the City in a form approved by the City.

c. The Agreement for Interim Onsite Sewage System requires connection of the premises directly to the public sewer within one year after the date of official notice to connect at such time that a sewer is available, as defined in OMC 13.08.020.

d. Following execution, the owner shall record the Agreement for Interim Onsite Sewage System in the office of the Thurston County Auditor and shall provide a copy of the recorded document to City staff; and

e. The Agreement for Interim Onsite Sewage System terminates if at any time any septic application or approval expires or is revoked for any reason; and

f. The owner shall bear any and all cost of sewer extension required at the time of connection.

B. New septic tank effluent pump (S.T.E.P.) systems are permitted provided a gravity sewer is not available to the premises as defined in OMC 13.08.020, and:

1. The premises being served is a lot of record existing prior to February 15, 2005, abutting on any street, alley, right-of-way, or easement in which there is now located a S.T.E.P. force main;

2. The premises is located within a subdivision vested as of July 2005, in accordance with OMC 18.70.120, Determination of Complete Application;

3. The premises was created through a short plat after April 30, 2018, from a property abutting on any street, alley, right-of-way, or easement in which there is now located a S.T.E.P. force main. Only one short plat per property in existence on April 30, 2018, is eligible for S.T.E.P. sewer connection. No further short plat is allowed until gravity sewer is available to the premises; or

4. The premises is abutting on any street, alley, right-of-way, or easement in which a S.T.E.P. force main was extended as part of the Septic to Sewer program as per OMC 13.08.215.

C. Grinder pump sewer systems may not be installed and used in lieu of the orderly extension of gravity sewers. Grinder pump installation and use is subject to the following requirements and limitations:

1. New individual grinder pump system use is limited where:

a. A public gravity sewer is contiguous to the premises, but terrain, natural features, or other physical barriers prohibit a gravity connection; or

b. For the conversion of onsite sewage systems to public sewer or for infill development only where it is specifically determined by the City Engineer to be in the best interest of the City of Olympia.

2. The owner shall purchase, own, and maintain and operate the grinder pumps and side sewers which are installed as part of a grinder pump sewer system.

3. Grinder pump force mains receiving effluent from more than one premises must be publicly owned and maintained. Publicly-owned grinder pump force mains are permitted only where the City Engineer determines it to be in the best interest of the City and construction of a gravity and lift station sewer system is not feasible, provided that:

a. The proponent of the grinder pump force mains can demonstrate that no other feasible alternative is available; and

b. In such cases, the proponent is responsible for and shall pay the cost of installation of the public grinder pump force mains; and

c. The installation is in accordance with the Olympia Engineering Design and Development Standards.

4. Grinder pump side sewers and force mains are not permitted to discharge to designated Septic Tank Effluent Pump (S.T.E.P.) force mains unless it is determined by the City Engineer or the City Engineer’s designee to be in the best interest of the City.

(Ord. 7318 §1, 2022; Ord. 7187 §3, 2019; Ord. 7129 §1, 2018; Ord. 7060 §1, 2017; Ord. 7024 §5, 2016).

13.08.150 Tampering with and depositing rubbish in public sewer--Prohibited discharges

A. No person may break, damage, destroy, uncover, deface, or tamper with any structure, facility, appurtenance, or equipment that is a part of the public sewer. No person may deposit garbage, rubbish, soil materials, or any substance having a tendency to obstruct the flow of any sewage in any pipe, maintenance hole, cleanout, or sewer opening.

B. No person may discharge or cause to be discharged any stormwater, surface water, groundwater, roof runoff, subsurface drainage, or cooling water to any public sewer. Stormwater and all other unpolluted drainage may only be discharged to such sewers as are specifically designated as storm sewers, or to a natural outlet approved by the City Engineer. An owner engaged in industrial use shall discharge sewage to the public sewer in compliance with all requirements of Chapter 13.20 OMC.

C. Except as hereinafter provided, no owner engaged in domestic use may discharge or cause to be discharged, any of the following described waters or wastes to any public sewer:

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, benzene, naphtha, fuel oil, or other flammable or explosive liquid, solid or gas;

4. Any garbage, other than organic food wastes that have been properly shredded;

5. Any ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, paunch 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 sewage system;

6. Any waters or wastes having a pH lower than five and five-tenths or higher than nine or having any other corrosive property capable of causing damage or hazard to structures, equipment, and personnel of the sewage works;

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.

(Ord. 7318 §1, 2022; Ord. 7187 §3, 2019; Ord. 6774 §4, 2011; Ord. 6486 §7, 2007; Ord. 1210 §18, 1912).

13.08.180 Sewer service outside city limits

A. Any owner of premises lying within the urban growth area shall agree to annex to the City as a condition of sewer connection. In the alternative, the City may elect to defer annexation and require execution of an agreement described in subsection (B) of this section.

B. Premises lying within the urban growth area which is not annexed as a condition of sewer service may receive sewer connection only upon the owner of such premises entering into an appropriate agreement with the City containing a waiver of protest to annexation and/or power of attorney authorizing annexation at such time as the City determines the premises should be annexed to the City.

C. Following execution, such agreements must be recorded by the City Clerk in the chain of title for such premises in the office of the Thurston County Auditor.

(Ord. 7318 §1, 2022; Ord. 7024 §7, 2016; Ord. 6774 §4, 2011; Ord. 6486 §8, 2007; Ord. 5943 §2, 1999; Ord. 5687 §2, 1997; Ord. 5570 §2, 1995; Ord. 5478 §1, 1994; Ord. 5426 §1(part), 1993).

13.08.185 Sewer service outside city limits--Agreements to run with the land

The agreement described in OMC 13.08.180 must contain a provision that the obligations and privileges contained therein run with the land and bind future owners of said land in the same manner as the applicant is bound thereby.

(Ord. 7318 §1, 2022; Ord. 6774 §4, 2011; Ord. 5426 §1(part), 1993).

13.08.186 Sewer service outside city limits--Other sections not affected

In addition to OMC 13.08.180 and 13.08.185, all other provisions of this chapter apply to connections outside the Olympia city limits.

(Ord. 7318 §1, 2022).

ARTICLE II. SEWER RATES

13.08.190 Sewer rates--Definitions

A. A charge for sanitary sewage disposal is levied against all accounts and premises connected to a sewer main or City-maintained community onsite system at the rate set forth in Title 4, Fees and Fines, of this code.

B. For purposes of subsection (A) of this section, the term “equivalent residential unit” or “ERU” means:

1. One single-family residence: one ERU; or

2. One single-family residence with accessory dwelling unit: one ERU; or

3. One mobile home, or one mobile home space in a mobile home or trailer park: one ERU; or

4. Duplex: two ERUs; or

5. Residential structure having more than two living units, seven-tenths of an ERU per living unit; or

6. With respect to uses other than residential, one ERU is designated for each 900 cubic feet for LOTT wastewater service charges and 700 cubic feet for public sewer charges per month of water consumed or sewage discharged as measured at the source; provided, that for volumes in excess of 900 cubic feet per month and 700 cubic feet per month, the service charge per 100 cubic feet is computed at the rate of one-ninth of the LOTT wastewater service charge, plus one-seventh of the public sewer charge; and

7. With respect to an account consisting of both residential and nonresidential uses, the residential uses are charged as set forth in subsections (B)(1) through (5) of this section and the nonresidential uses are charged an additional one ERU; provided, that if the total monthly volume of the account exceeds the number of ERUs computed pursuant to this subsection times 900 cubic feet for LOTT wastewater service charges and 700 cubic feet for local collection charges, the charge per 100 cubic feet for the account are computed at the rate of one-ninth of the LOTT wastewater service charge, plus one-seventh of the public sewer charge.

(Ord. 7318 §1, 2022; Ord. 7024 §8, 2016; Ord. 6805 §4, 2012; Ord. 6804 §1, 2012; Ord. 6774 §4, 2011; Ord. 6507 §2, 2007; Ord. 5784 §2, 1998; Ord. 5668 §2, 1997; Ord. 5218 §1, 1991; Ord. 5197 §2, 1991; Ord. 5126 §22, 1990; Ord. 5073 §1, 1990; Ord. 4992 §1, 1989; Ord. 4986 §1, 1989; Ord. 4985 §1, 1989; Ord. 4751 §1, 1987; Ord. 4731 §1, 1986; Ord. 4584 §1, 1985; Ord. 4583 §1, 1985; Ord. 4372 §1, 1982; Ord. 4196 §1, 1980; Ord. 4015 §1, 1977; Ord. 3808 §1, 1973; Ord. 3231 §1, 1962; Ord. 2704, 1950; Ord. 2681 §2, 1950).

13.08.200 Payment of sewer bills

The City Council may in its discretion determine whether the charges for sewage disposal service are on a monthly or bimonthly basis. The following rates and charges for sanitary sewage disposal are due and payable as the Finance Director may require, as authorized in OMC 4.24.050.

(Ord. 7318 §1, 2022; Ord. 7187 §3, 2019; Ord. 6774 §4, 2011; Ord. 5398 §3, 1993; Ord. 2704, 1950; Ord. 2681 §3, 1950).

13.08.205 Sewer general facility charges Revised 3/24

A. A sewer general facility charge (“Sewer GFC”) is assessed in the amount set forth in Title 4, Fees and Fines, for all new sewer connections and for all changes in use of a premises that result in an increase in ERUs, as defined in OMC 13.08.190. Except as provided in subsections (B), (C), and (D) of this section, such charge becomes due and payable at the time of issuance of an engineering, sewer connection, or building permit, and at the rate in effect at the time of payment, except for the deferred payment option stated below. For projects located outside the City, the date of building permit issuance by Thurston County constitutes the earliest time of payment. This charge is assessed in addition to any other charges or assessments levied under this chapter. Said funds must be deposited in the sewer capital improvement fund established under OMC 3.04.500 and must be used only for the purposes enumerated therein.

B. The Sewer GFC may be deferred for residential developments in the Downtown Deferred General Facility Charge Payment Option Area. An unpaid Sewer GFC deferred under this section constitutes a lien against the premises for which it is payable. Payment of a Sewer GFC need not be made prior to the time of connection if the payer provides the Community Planning and Development Department with proof that a Voluntary General Facility Charge Lien Agreement, in a form approved by the City Attorney, has been executed by all legal owners of the premises upon which the development activity allowed by the building permit is to occur, and the agreement has been recorded in the office of the Thurston County Auditor. When such deferral is sought for a portion of the development activity, the City, at its sole discretion, determines the portions of the Sewer GFC to be applied to the portions of the development activity. If a Voluntary General Facility Charge Lien Agreement has been recorded, payment of the Sewer GFC is deferred under the following conditions:

1. The Sewer GFC is assessed at the rate in effect at the time of issuance of the building permit for the project, and

2. The owner shall pay the Sewer GFC at the earlier of (a) the closing of sale of the premises or any portion of the premises, or (b) three years from the date of the City’s issuance of a Certificate of Occupancy, and

3. A GFC payment made within one year of issuance of the Certificate of Occupancy for the development is the fee assessed at the time of issuance of the building permit, and

4. A GFC payment made within the second year from issuance of the Certificate of Occupancy for the development is the Sewer GFC plus an interest component, for a total of 105 percent of the remaining balance of the fees assessed at the time of issuance of the building permit, and

5. A GFC payment made within the third year from issuance of the Certificate of Occupancy for the development is the Sewer GFC plus an interest component, for a total of 110 percent of the remaining balance of the fees assessed at the time of issuance of the building permit.

In the event that the Sewer GFC or interest (if any), or both, is not paid within the time provided in this subsection, all such unpaid charges, fees, and interest constitute a lien against the premises for which they were assessed. The lien may be enforced either by foreclosure pursuant to RCW 61.12 or by termination of water service pursuant to OMC 13.04.430. The City may use other collection methods at its option. In the event of foreclosure, the owner at the time of foreclosure shall also pay the City’s reasonable attorney fees and costs incurred in the foreclosure process. Notwithstanding the foregoing, the City will not commence foreclosure proceedings less than 30 calendar days after providing written notification to the then-present owner of the premises via certified mail with return receipt requested advising of its intent to commence foreclosure proceedings. If the then-present owner cures the default within the 30-day cure period, no attorney fees or costs are owed.

C. The Sewer GFC is waived for any premises served by an existing OSS that connects to the public sewer within two years following notice by the City of eligibility for a Sewer GFC waiver. The City shall send notice to an owner when sewer becomes available to the owner’s premises. Notice is effective as of the date it is sent to the owner by certified first class mail. An owner who fails to connect to the public sewer within two years following such notice is charged the Sewer GFC in effect at the time of connection to the public system, and those properties may defer payment of the Sewer GFC as provided in subsection (D) of this section.

An owner is also eligible for a Sewer GFC waiver at such time as the premises becomes eligible for a full or partial rebate of the LOTT capacity development charge (LOTT CDC). The Sewer GFC waiver expires on the same date as the expiration of the LOTT CDC rebate.

In addition, the Sewer GFC is waived for any premises served by an existing OSS that connects to the public sewer within two years of a transfer of ownership of the premises. An owner shall provide documentation to the City of the transfer of ownership in order to be eligible for this waiver. The City will not provide notification to a new owner.

In all cases, the Sewer GFC waiver is limited to the number of ERUs served by the existing OSS.

D. The Sewer GFC for premises abandoning an existing OSS and connecting to public sewer without an increase in ERUs is due in full or under installment contract with the following conditions:

1. The premises must be served by public water with an individual City of Olympia metered water utility account.

2. In order to defer payment of a Sewer GFC, an owner shall execute a Sewer Connection Fee Contract with the City in a form approved by the City Attorney in which the owner agrees to pay specified progress payments. The Sewer Connection Fee Contract must provide that the City is entitled to attorney’s fees and costs, should legal action need to be commenced to collect or enforce the contract. Connection to the public sewer is allowed after the Sewer Connection Fee Contract has been recorded in the office of the Thurston County Auditor. The owner shall pay recording fees upon submittal of the signed Sewer Connection Fee Contract.

3. The owner shall make payments toward the deferred Sewer GFC on a monthly basis, including principal and interest, until the Sewer GFC and associated loan costs are paid. The minimum monthly payment must be calculated such that full payment is completed within eight years, with at most 96 monthly payments.

4. Any unpaid balance for deferred Sewer GFC is subject to interest charges, with the interest rate charged on any unpaid balance equal to the interest rate of the most recent general obligation bonds issued by the City prior to execution of the Sewer Connection Fee Contract.

5. Upon sale of the premises, the unpaid Sewer GFC must be paid in full, or the new owner must execute a Sewer Connection Fee Contract with the City for the balance of the GFC owed under the terms of this section with a maximum number of monthly payments equal to 96 minus the number of months any previous Sewer Connection Fee Contracts were in existence.

6. In the event that the Sewer GFC or interest (if any), or both, is not paid within the time provided in subsection D of this section, all such unpaid charges, fees, and interest constitute a lien against the premises for which they were assessed. The lien may be enforced either by foreclosure pursuant to RCW 61.12 or by termination of water service pursuant to OMC 13.04.430. The City may use other collection methods at its option. In the event of foreclosure, the owner at the time of foreclosure shall pay the City’s reasonable attorney fees and costs incurred in the foreclosure process. Notwithstanding the foregoing, the City will not commence foreclosure proceedings less than 30 calendar days after providing written notification to the then-present owner of the premises via certified mail with return receipt requested advising of its intent to commence foreclosure proceedings. If the then-present owner cures the default within the 30-day cure period, no attorney fees or costs will be owed.

E. The Sewer GFC for properties on public combined sewers applies to properties located within the Downtown Deferred General Facility Charge Payment Option Area and discharging sanitary sewage to the public combined sewer.

F. If there is a significant increase of sewage discharge from a premises and if one or more of the triggering events in subsection (F)(5) of this section occurs, additional Sewer GFCs will be charged as follows:

1. A “significant increase” means an increase of 25 percent or more in current wastewater discharge, as compared to the number of ERUs used to calculate Sewer GFCs previously paid, provided the increase is equal to at least one ERU; and

2. “Current wastewater discharge” means the average wastewater discharge of the most recent six winter months (with meter read dates in November through April) either measured by wastewater discharge meter or drinking water meter, whichever is applicable; and

3. A customer is given notice and a period of one year in which to:

a. Decrease wastewater discharge sufficiently to no longer qualify as a significant increase as defined in subsection (F)(1) of this section; or

b. Install a wastewater discharge meter, if one is not already installed; or

c. Install a separate irrigation meter;

and

4. After the one-year period, current wastewater discharge is recalculated and if the discharge continues at or above the significant increase level, additional Sewer GFCs are imposed for the additional ERUs of wastewater discharge, and the owner shall pay such additional Sewer GFCs within 60 days of notification of charges due.

5. Triggering events for calculation of a possible significant increase of sewer discharge are:

a. Application to the LOTT Clean Water alliance for an increase in discharge limits; or

b. Application to the City for a larger drinking water meter or additional drinking water meter(s).

c. Application to the City or County for a change in use of a premises; or

d. Application to the City or County for a building permit.

G. Reduced GFC charges for affordable housing for low-income households: New sewer connections for single-family or multi-family premises that qualify as affordable housing for one or more low-income households receive a 50 percent discount off of the GFC charges under this section, provided all of the requirements of this section are met. Where a change in use results in imposition of GFC charges, a 50 percent discount is applied to such charges if the change in use is to use as a single-family or multi-family premises that qualifies as affordable housing for one or more low-income households, provided all of the requirements of this subsection are met. To be eligible for the discount under this subsection, 100 percent of units on the premises must be rented as affordable housing to one or more low-income households. This obligation continues not less than 30 years from the date the certificate of occupancy for the premises is issued and this obligation must be reflected in a covenant encumbering the property, recorded with the Thurston County Auditor. Such covenant must provide that if its terms are violated, the property owner is required to pay 50 percent of the GFC charges at the then-applicable GFC rate. For purposes of this subsection:

1. “Affordable housing” means residential housing that is rented by a person or household whose monthly housing costs, including utilities other than telephone, do not exceed 30 percent of the household’s monthly income.

2. “Low-income household” means a single person, a family, or unrelated persons living together whose adjusted income is at or below 80 percent of the median family income adjusted for family size, for Thurston County, as reported by the United States department of housing and urban development.

(Ord. 7381 §3, 2023; Ord. 7318 §1, 2022; Ord. 7100 §2, 2017; Ord. 6774 §4, 2011; Ord. 6647 §2, 2009; Ord. 6420 §3, 2006; Ord. 5847 §2, 1998; Ord. 5668 §3, 1997; Ord. 5126 §23, 1990; Ord. 4992 §2, 1989).

13.08.210 LOTT capacity development charge--Payment Revised 3/24

A. There is imposed a LOTT capacity development charge (“LOTT CDC”) for any premises that is provided sewer service by the City.The LOTT CDC is in the amount set forth in Title 4, Fees and Fines, of the OMC. The LOTT CDC is intended to pay a predetermined share of the estimated capital cost per ERU to provide future joint facilities and additions to existing joint facilities that are considered necessary to serve the connections paying the LOTT CDC while maintaining adequate system reserve capacity as described in The Highly Managed Alternative of the LOTT Wastewater Resource Management Plan of 1999.

B. An owner shall pay the LOTT CDC; such charge is due and payable no earlier than at the time of issuance of an engineering, sewer connection, or building permit and no later than at the time each connection is completed, and at the rate in effect at the time of payment. For projects located outside the City, the date of building permit issuance by Thurston County constitutes the earliest time of payment. If not paid on or before said date, the same is delinquent and bears interest at the rate of six percent per year from the date of delinquency until paid.

C. If there is a significant increase of sewage discharge from a premises and if one or more of the triggering events in subsection (C)(6) of this section occurs, additional LOTT CDCs will be charged as follows:

1. “A significant increase” means an increase of 25% or more in current wastewater discharge, as compared to the number of ERUs used to calculate CDCs previously paid, provided the increase is equal to at least one ERU; and

2. If a premises connected to sewer before LOTT CDCs existed as a charge, the base number of ERUs is the Sewer GFCs previously paid; and

3. “Current wastewater discharge” means the average wastewater discharge of the most recent six winter months (with meter read dates in November through April) either measured by wastewater discharge meter or drinking water meter, whichever is applicable; and

4. An owner is given notice and a period of one year in which to:

a. Decrease wastewater discharge sufficiently such that the discharge no longer qualifies as a significant increase as defined in subsection (C)(1) of this section; or

b. Install a wastewater discharge meter, if one is not already installed; or

c. Install a separate irrigation meter;

and

5. After the one-year period, current wastewater discharge is recalculated and if the discharge continues at or above the significant increase level, additional LOTT CDCs are imposed for the additional ERUs of wastewater discharge, and the owner shall pay such additional LOTT CDCs within 60 days of notification of charges due.

6. Triggering events for calculation of a significant increase of sewer discharge are:

a. Application to the LOTT Clean Water Alliance for an increase in discharge limits; or

b. Application to the City for a larger drinking water meter or additional drinking water meter(s); or

c. Application to the City or County for a change in use of a premises; or

d. Application to the City or County for a building permit.

D. Reduced LOTT capacity development charges (CDC charges) for affordable housing for low-income households: To the extent authorized by the LOTT Clean Water Alliance, and subject to those requirements and conditions LOTT may impose, new sewer connections for single-family or multi-family premises that qualify as affordable housing for one or more low-income households receive a rebate for the LOTT CDC charges under this section, provided all of the conditions and requirements imposed by LOTT are met. Where a change in use results in imposition of LOTT CDC charges, a rebate may be applied to such charges if the change in use to use as a single-family or multi-family premises that qualifies as affordable housing for one or more low-income households, provided all of the conditions and requirements imposed by LOTT are met. The percentage rebate of LOTT CDC charges under this section are as determined by LOTT. LOTT may require that if the terms and conditions under which a rebate for LOTT CDC charges is provided are violated, the property owner is required to repay some or all of the rebate, as determined by LOTT. For purposes of this subsection:

(Ord. 7381 §4, 2023; Ord. 7318 §1, 2022; Ord. 6805 §5, 2012; Ord. 6774 §4, 2011; Ord. 5913 §1, 1999; Ord. 5847 §3, 1998; Ord. 5333 §2, 1992; Ord. 4986 §2, 1989; Ord. 4005 §1, 1977; Ord. 2681 §4, 1950).

13.08.215 Septic to Sewer Program and infrastructure extension charges

A. There is hereby established the City of Olympia Septic to Sewer Program with the goal of connecting properties served by onsite sewage systems (OSS) to the public sewer. In furtherance of the Septic to Sewer Program, the City may construct sewer infrastructure to facilitate connection of properties served by onsite sewage systems. Infrastructure may include sewer mains, sewer maintenance holes, sewer cleanouts, sewer lift stations, sewer force mains, and STEP (septic tank effluent pumping) systems. Infrastructure extension proposals may be submitted by the owner of an OSS. Infrastructure extension proposals are reviewed by staff and prioritized using the following factors:

1. Public health risk for the OSS as determined with input from Thurston County Environmental Health, including factors such as depth to groundwater, soil type, lot size, OSS density, and proximity to drinking water sources. Projects serving higher risk OSS are given higher priority;

2. Scope of infrastructure extension required with respect to number of existing OSS to potentially benefit. Projects requiring less extensive infrastructure extension and potentially benefitting a higher number of properties are given higher priority;

3. Public drinking water availability. Projects without public drinking water available are given higher priority;

4. Available funds.

The Public Works Director makes final approval of any proposed infrastructure extension.

B. An owner shall pay a capital charge (CC) or the portion of the CC described below for connections to the public sewer made after November 5, 2017, to sewer infrastructure that was extended as part of the Septic to Sewer program. The CC is the total project cost, divided by the potential number of ERUs as defined under OMC 13.08.190, to be served by the infrastructure. The total project cost of a sewer infrastructure extension, including the costs of design, construction, material, labor, and contract administration, is based on the City’s Engineering Design and Development Standards for latecomer agreements. An owner shall make payment of the CC or the portion of the CC prior to issuance of permit for sewer connection, except as provided in subsection (C) of this section. The CC is charged as follows:

1. For an owner abandoning an existing OSS, and connecting to an infrastructure extension within two years of notification of completion of the extension, without an increase in ERUs, the amount due is 20 percent of the CC.

2. For an owner abandoning an existing OSS and connecting to an infrastructure extension within two years of a transfer of ownership of the premises, without an increase in ERUs, the amount due is 20 percent of the CC. An owner shall provide documentation to the City of the transfer of ownership in order to be eligible for the 20 percent charge. The City is not required to provide notification to the new owner of a premises.

3. For an owner abandoning an existing OSS, and connecting to an infrastructure extension, without an increase in ERUs, who qualifies for hardship status, as defined by the Public Works Director in a policy published on the City web site, the amount due is 20 percent of the CC, regardless of the date of connection.

4. For an owner abandoning an existing OSS, and connecting to an infrastructure extension without an increase in ERUs, for which subsections (B)(1) through (3) of this section do not apply, the amount due is 50 percent of the CC.

5. For an owner to which subsections (B)(1) through (4) of this section do not apply, the amount due is 100 percent of the CC.

6. For an owner who connects more than one year after completion of the infrastructure extension, the CC is adjusted by the intervening annual changes in the Consumer Price Index for all urban consumers in the Seattle-Tacoma-Bremerton urban area, in which Olympia is included.

C. For an owner abandoning an existing OSS and connecting to an infrastructure extension without an increase in ERUs, the CC or the portion of the CC due must be paid in full prior to issuance of permit for sewer connection, or under installment with the following conditions:

1. The premises must be served by public water with an individual City of Olympia metered water utility account.

2. In order to defer payment of the CC or the portion of the CC due, an owner shall execute a Sewer Connection Fee Contract with the City in a form approved by the City Attorney in which the owner agrees to pay specified progress payments. The Sewer Connection Fee Contract must also provide that the City is entitled to attorney’s fees and costs should legal action be commenced to collect or enforce the Sewer Connection Fee Contract. Connection to the infrastructure extension is allowed after the Sewer Connection Fee Contract has been recorded in the office of the Thurston County Auditor. The owner is responsible for and shall pay recording fees upon submittal of the signed Sewer Connection Fee Contract.

3. The owner shall make payments toward the deferred CC or the portion of the CC due on a monthly basis until the CC or the portion of the CC due and associated interest is paid. The minimum monthly payment must be calculated such that full payment is completed within eight years, with at most 96 monthly payments.

4. The interest rate charged on any unpaid balance is equal to the interest rate of the most recent general obligation bonds issued by the City prior to execution of the Sewer Connection Fee Contract.

5. Upon sale of the premises, the unpaid CC or the portion of the CC due must be paid in full or the new owner shall execute a Sewer Connection Fee Contract with the City for the balance of the CC owed under the terms of this section.

6. In the event the CC or the portion of the CC due and interest (if any) is not paid within the time provided in this subsection, all such unpaid charges, fees, and interest constitute a lien against the premises for which they were assessed. The City may enforce the lien either by foreclosure pursuant to RCW 61.12 or by termination of water service pursuant to OMC 13.04.430. The City may use other collection methods at its option. In the event of foreclosure, the owner at the time of foreclosure shall also pay the City’s reasonable attorney fees and costs incurred in the foreclosure process. Notwithstanding the foregoing, the City will not commence foreclosure proceedings less than 30 calendar days after providing written notification to the then-present owner of the premises via certified mail with return receipt requested advising of its intent to commence foreclosure proceedings. If the then-present owner cures the default within the 30-day cure period, no attorney fees or costs will be owed.

(Ord. 7318 §1, 2022; Ord. 7187 §3, 2019; Ord. 7100 §3, 2017; Ord. 6774 §4, 2011; Ord. 6647 §3, 2009)

13.08.220 Charges become lien on premises--Enforcement

All charges for sanitary sewage disposal service and for connections with the public sewer system, together with the penalties and interest thereon as provided in this article, are a lien upon the premises upon which such connection is made or sewage disposal service furnished, superior to all other liens or encumbrances, except those for general taxes and special assessments. The City may enforce such lien or liens in the manner provided by law for the enforcement of the same and for delinquent sewage disposal service charges.

(Ord. 7318 §1, 2022; Ord. 6774 §4, 2011; Ord. 2681 §5, 1950).

13.08.230 Shutting off water upon default

In the event that any such bill for sewage disposal service rates and charges or connections is not paid by the date established by the Finance Director as set forth in chapter 4.24 OMC, the City may shut off the water furnished to the premises to which the services were rendered or connection made. The City may keep water shut off until such bill, together with all penalties and interest due thereon has been paid in full.

(Ord. 7318 §1, 2022; Ord. 7024 §9, 2016; Ord. 6774 §4, 2011; Ord. 5398 §4, 1993; Ord. 5126 §24, 1990; Ord. 4015 §2, 1977; Ord. 2681 §9, 1950).

ARTICLE III. AREA SERVICE CHARGE

13.08.290 Charges become lien on premises

In addition to all other charges that may be imposed under this chapter and under Title 4 OMC, Fees and Fines, the City may charge a frontage or area charge (or both) for sewer connections. These charges are assessed to reimburse persons or the City for the cost of constructing sewer lines and other appurtenances in the street fronting the premises served by the connection. The amount of these charges is calculated per schedules for various sewer projects available in the Public Works Department. All charges assessed pursuant to this chapter become a lien on the premises so assessed, which may be enforced in the manner provided by OMC 13.08.220.

(Ord. 7318 §1, 2022; Ord. 6774 §4, 2011; Ord. 5784 §3, 1998; Ord. 3979 §4, 1976).

ARTICLE IV. VIOLATIONS

13.08.380 Violations--Penalties

A. Discontinuance of Water Service. Service to any customer receiving water and wastewater service from the City water system is contingent upon compliance with all legal requirements pertaining to wastewater service. Water service may be discontinued to any customer for failure to comply with such requirements and discontinued service will not be re-established until the Director of Public Works or the Director’s designee has determined that the customer is in compliance with all applicable legal requirements.

B. Any person, firm, or corporation who knowingly violates or fails to comply with any term or provision of this chapter will be deemed to have committed a misdemeanor, and if found guilty, will be subject to a fine not to exceed One Thousand Dollars ($1,000.00), and/or to imprisonment not to exceed 90 days or to both such fine and imprisonment. Each day will be a separate offense. In the event of a continuing violation or failure to comply, the second and subsequent days will constitute a gross misdemeanor punishable by a fine not to exceed Five Thousand Dollars ($5,000.00) and/or imprisonment not to exceed 365 days or both such time and imprisonment. Continuing violation will mean the same type of violation which is committed within one year of the initial violation.

C. As an additional concurrent penalty, it is a civil infraction for a person, firm, or corporation to violate or fail to comply with any term or provision of this chapter. Each day will be a separate infraction. A person, firm, or corporation found to have committed a civil infraction will be assessed a monetary penalty as follows:

1. First offense: Class 3 ($50), not including statutory assessments.

2. Second offense arising out of the same facts as the first offense: Class 2 ($125), not including statutory assessments.

3. Third offense arising out of the same facts as the first offense: Class 1 ($250), not including statutory assessments.

See also chapter 4.44 OMC, Uniform Civil Enforcement.

(Ord. 7318 §1, 2022; Ord. 6774 §4, 2011; Ord. 6081 §40, 2001).