Chapter 13.16
STORM DRAINAGE SYSTEM
Sections:
13.16.010 Purpose.
13.16.020 Definitions.
13.16.030 Rates for surface water drainage service.
13.16.040 Billing.
13.16.041 New account charge.
13.16.045 Annual review of service charges.
13.16.070 Appeals.
13.16.080 Liens.
13.16.010 Purpose.
The ordinance codified in this chapter is adopted to establish the rates, fees, and charges to be levied against property in the city for the use of the surface water drainage system. The ordinance codified in this chapter is adopted under the authority granted by Ordinance 611, dated July 18, 1988, creating the city surface water drainage utility under the authority to Chapter 35.67 RCW. The rates for surface water drainage service are adopted in order to fund the necessary operation, maintenance and improvement to the city’s surface water drainage system. (Ord. 634 § 1, 1988)
13.16.020 Definitions.
Unless specifically defined below, words or phrases used in this ordinance shall be interpreted so as to give them the meaning they have in common usage. The following terms are defined for purposes of this chapter only:
A. “Commercial/multifamily” includes all property zoned or used for multifamily, commercial, industrial, retail, governmental or other nonresidential purposes.
B. “Dwelling unit” means a building or portion thereof providing a complete housekeeping facility for one family. “Dwelling” shall not be considered to include a hotel, motel, tourist court, or tourist home.
C. “Family” means one or more persons related by blood, marriage or adoption, or a group of not more than eight persons not related by blood, marriage, or adoption but living together as a single housekeeping unit in a dwelling unit.
D. “Impervious area” means any part of any parcel of land that has been modified by the action of persons to reduce the land’s natural ability to absorb and hold rainfall. This includes areas which have been cleared, graded, paved or compacted, or covered with structures. Excluded are all lawns, landscape areas, and gardens or farming areas.
E. “Single-family/duplex property” includes all single-family dwellings and all two-family dwellings. “Single-family dwelling” means a detached building designed for and occupied exclusively by one family and the household employees of the family. The term shall not include mobile homes. “Two-family (duplex) dwelling” means a multifamily dwelling consisting of a building containing two independent, but complete housekeeping facilities and designed to be occupied by two separate families. All other residential development shall be classified as “multifamily.” (Ord. 634 § 2, 1988)
13.16.030 Rates for surface water drainage service.
The owners of all real property in the city which contribute drainage runoff to and/or which benefit from the city’s surface water drainage system shall pay a monthly fee as set forth in this section.
A. Single-Family and Duplex Residential Service Charges. Monthly service charges for each single-family and each duplex residential dwelling unit shall be seven dollars and eighty-five cents.
B. Commercial/Multifamily and Nonresidential Property Service Charges. The monthly fee for all commercial/multifamily and other nonresidential properties shall be computed in accordance with the following formula:
Impervious Area | = ERU |
2,500 SF |
Monthly fee = ERU x (SFD service charge)
Where:
IMPERVIOUS AREA = See Section 13.16.020(D)
SF = Square feet
ERU = Equivalent residential units
SFD = Single-family/duplex
C. Application to All Properties. These rates shall apply to all properties within the city, including those properties classified as nonprofit or tax-exempt for ad valorem tax purposes. It shall apply to all government properties, including properties of the city such as city-owned buildings, parks, and other properties. It shall not apply to city streets or state highway properties within the city. Surface water service charges shall not be levied against undeveloped property that has not been altered from its natural state as defined under Section 13.16.020(D), impervious area. Farmland, gardens, and landscaped areas shall also be exempt except for any roads, parking or structures associated therewith.
D. Special Storm Drainage Rates.
1. Citizens meeting the qualifications for low-income senior citizens and low-income disabled citizens set forth in RCW 74.38.070 shall be charged for monthly storm drainage service at a discount of fifty percent of the residential rate for single-family.
2. Claimants for said reduction shall own a single-family home that is their primary residence and live within the corporate limits of the city.
3. Low-income senior citizen claimants shall be required to have a valid property tax exemption from the county, pursuant to state statute.
4. Low-income disabled citizen claimants shall be receiving permanent Social Security disability payments and meet current income criteria as established by state statute. (Ord. 1146 § 1, 2005; Ord. 1091 § 1, 2004; Ord. 1068 § 1, 2002; Ord. 1046 § 1, 2001; Ord. 1006 § 2, 1999; Ord. 815, 1994; Ord. 739 § 1, 1993; Ord. 634 § 3, 1988)
13.16.040 Billing.
The fees imposed by this chapter shall be billed to the property owner, or if authorized in writing by the property owner, to the tenant. In either situation, the property owner will be responsible to pay all delinquent or unpaid surface water drainage service charges. Such fees shall be due and payable as provided herein. (Ord. 634 § 4, 1988)
13.16.041 New account charge.
A new account charge in the amount of one-half of the new account charge in effect in the Mukilteo water district is imposed on all new surface water accounts and surface water account charges for properties which are not otherwise served by the Mukilteo water district. The charge is necessary to defray expenses of setting up new accounts and making account charges for accounts to be billed by the Mukilteo water district under contract with the city. (Ord. 792 § 3, 1994)
13.16.045 Annual review of service charges.
The city council shall review the service charges established by Section 13.16.030 on an annual basis in order to ensure that the same continue to reflect the utility’s capital, operating and maintenance needs and provide for an equitable system of rates and charges for all classes of customers. (Ord. 792 § 5, 1994)
13.16.070 Appeals.
A. Any customer or property owner who feels that the surface water drainage service charge for their property has been incorrectly computed may petition, in writing, to the city engineer for a review of the computations. The city engineer shall review the petition and render a decision. The city engineer shall notify the petitioner of the engineer’s decision in writing.
B. If the petitioner is not satisfied with the determination of the city engineer, the petitioner may request the mayor or mayor’s designee to review the petition and the city engineer’s decision. The decision of the mayor or the mayor’s designee on the petition shall be final.
C. Any credits authorized by the appeal process shall only be effective against billings subsequent to the date of authorization. (Ord. 634 § 7, 1988)
13.16.080 Liens.
Pursuant to RCW 35.67.200, et seq., the city shall have a lien for delinquent or unpaid surface water drainage service charges. Enforcement and foreclosure of the lien(s) shall be as provided by law. Interest on the unpaid balance shall be eight percent per year or such higher rate as authorized by state law. (Ord. 634 § 8, 1988)