Chapter 13.08
SEWER SERVICE CHARGES1
Sections:
Article I. Service Charges
13.08.020 Special agreements – Alderwood Water District line.
13.08.050 Bimonthly service charges.
13.08.080 Connection required – Generally.
13.08.090 Violation – Penalty.
Article II. Area Fees and Connection Charges
13.08.120 Fee and charges are additional.
13.08.130 Appeal of fee and charge calculations.
Article I. Service Charges
13.08.010 Charges designated.
As of January 1, 2019, the Metropolitan King County service area charge for sewer service shall be one hundred thirteen dollars and seventy-eight cents bimonthly, plus any sewer rate increase imposed by the Metropolitan King County Council.
As of January 1, 2019, the commercial and school charge for sewer service shall be fifty-six dollars and eighty-nine cents per seven hundred fifty cubic feet of water per month, plus any sewer rate increase imposed by the Metropolitan King County Council. (Ord. 460 § 1 (part), 2019: Ord. 437 § 1 (part), 2016: Ord. 396 § 1, 2011: Ord. 368 § 1, 2009: Ord. 324 § 1(part), 2005; Ord. 16.B § 1(part), 2000; Ord. 16.A § 3(part), 2000)
13.08.020 Special agreements – Alderwood Water District line.
As of January 1, 2019, the single-family residential charge for sewer service for those areas within the city of Brier covered by the Alderwood Water District line – city of Brier agreement for sewage disposal shall be one hundred forty-six dollars and no cents bimonthly, plus any sewer rate increase imposed by the Alderwood Water District. (Ord. 460 § 1 (part), 2019: Ord. 437 § 1 (part), 2016: Ord. 396 § 2, 2011: Ord. 368 § 2, 2009: Ord. 324 § 1(part), 2005; Ord. 16.B § 1(part), 2000; Ord. 16.A § 3(part), 2000)
13.08.025 Special agreements – Golden View sewer lift station.
Repealed by Ord. 396. (Ord. 368 § 3, 2009: Ord. 324 § 1(part), 2005; Ord. 16.B § 1(part), 2000; Ord. 16.A § 3(part), 2000)
13.08.030 Payable when.
The sewer service charge shall be payable by all residential and commercial units that are connected to the city sanitary sewer system or a public sewer within the city upon final inspection by the city of the side sewer connection. (Ord. 346 § 1, 2007: Ord. 16.B § 1(part), 2000; Ord. 16.A § 3(part), 2000)
13.08.035 Billing address.
The city shall bill the address of the property served unless otherwise specified by the property and owner, but this shall not relieve the owner from liability for utility rates and charges. (Ord. 16.B § 1(part), 2000; Ord. 16.A § 3(part), 2000)
13.08.040 Discontinuance.
The service charge may be temporarily discontinued only under the following conditions:
A. After obtaining a sewer capping and demolition permit and performing the related work.
B. If a structure damaged by fire or acts of nature and such structure is deemed uninhabitable billing shall restart immediately upon occupancy.
C. Any other condition shall require approval of the city council after written request for discontinuance. (Ord. 16.C § 15, 2003: Ord. 16.B § 1(part), 2000; Ord. 16.A § 3(part), 2000)
13.08.050 Bimonthly service charges.
The bimonthly service charge is due upon receipt and any amount not paid by the penalty date stated on the billing will be past due. For each subsequent billing for which a portion of the account is unpaid, the past due shall be marked “past due.” A late charge of ten percent of that portion of an account past due and still unpaid at the time of the next billing shall be added to the total for said account then being billed. The principal sum due and late charges penalty shall bear interest at the rate of eight percent per annum as provided by RCW 35.67.200. (Ord. 460 § 2, 2019: Ord. 437 § 2 (part), 2016: Ord. 16.C § 16, 2003: Ord. 16.B § 1(part), 2000; Ord. 16.A § 3(part), 2000)
13.08.060 Delinquency.
All accounts past due one hundred twenty days are delinquent and the owners of record will be notified by mail at the last known address in city records of the delinquent status and that the city holds a lien against the property per RCW 35.67.200. Pursuant to the provisions of RCW 35.67.215, the sewerage lien shall be effective for a total of one year’s delinquent service charges, at which time the city council shall review such delinquent accounts along with related correspondence, whereupon a lien may be recorded against that property for which satisfactory payment arrangements have not been made. Any payment arrangements shall be in written form, signed by the delinquent party and shall provide for the full delinquent amount plus late charges, interest charges, legal fees and recording fees to be paid within eighteen months of the account becoming past due. Failure to clear such delinquent account as provided for above shall result in foreclosure proceeding against the property by the city. (Ord. 16.C § 17, 2003: Ord. 16.B § 1(part), 2000; Ord. 16.A § 3(part), 2000)
13.08.070 Fees and charges upon connection.
Repealed by Ord. 413. (Ord. 396 § 4, 2011: Ord. 16.B § 1(part), 2000; Ord. 16.A § 3(part), 2000)
13.08.080 Connection required – Generally.
Connection to the city sewer system or a public sewer shall be required for any habitable dwelling within the city that is served by an on-site wastewater system when:
A. The Snohomish County health district determines that such system has failed and threatens public health and:
1. A city or public sewer line is adjacent to the property on which the dwelling is located; or
2. A city or public sewer line is within two hundred feet of any part of the dwelling and the dwelling can be served by gravity flow to the city or public sewer line or by a combination of grinder pump on the property on which the dwelling is located and gravity flow to the city or public sewer.
B. This connection requirement shall not apply to any such on-site wastewater system that has received from the city a conditional use permit for replacement or repair. Connection shall be completed within twelve months following written notification to connect. (Ord. 346 § 2, 2007: Ord. 16.B § 1(part), 2000; Ord. 16.A § 3(part), 2000)
13.08.090 Violation – Penalty.
Violation of this article shall constitute a misdemeanor and may be punished in accordance with the provisions set forth in BMC 1.28.030(A). There shall be a one-hundred-dollar assessment imposed against any applicant for a side sewer permit where such application discloses that the hookup was not completed within the time limits specified within this article. (Ord. 437, 2016; Ord. 16.B § 1(part), 2000; Ord. 16.A § 3(part), 2000)
Article II. Area Fees and Connection Charges
13.08.100 Area fee.
Prior to connection of any property to the city sewer system or public sewer within the city, the owner of the property shall pay to the city a gross square foot area fee. The rate shall be either 1.1 cents or three cents per gross square foot of the property as indicated by colored areas on the map adopted by reference and located in the city clerk’s office. (Ord. 413 § 2, 2013: Ord. 16.B § 1(part), 2000; Ord. 16.A § 4(part), 2000)
13.08.110 Connection charges.
Prior to connection of any property to the city sewer system or public sewer within the city, the owner of the property shall pay to the city a connection charge per residential customer equivalent as stated below:
A. For property that has sewage flowing into the city of Mountlake Terrace sewer system, an amount equal to the connection charge of the city of Mountlake Terrace, which charge is stated in the city fee schedule.
B. As of July 1, 2016, for property in the Alderwood Water and Wastewater District “Basins BR1 – BR4” as shown in the City of Brier 2018 General Sewer Plan Figure 2-5, an amount equal to the Alderwood Water and Wastewater District general facilities charge, which charge is stated in the city fee schedule or the current rate as listed on the AWWD fee schedule.
C. For property not included in subsections A and B of this section, a connection charge as stated in the city fee schedule.
The connection charge shall be for each residential customer equivalent (“RCE”). A single-family dwelling unit shall be one RCE. A non-single-family RCE shall be determined by dividing the total metered water used (measured in cubic feet) by all of the city’s non-single-family residential customers by King County’s RCE factor then in effect, as stated in the city fee schedule. The city treasurer shall determine the number of RCEs for any property. (Ord. 460 § 1 (part), 2019: Ord. 437 § 1 (part), 2016: Ord. 413 § 3, 2013: Ord. 396 § 5, 2011: Ord. 16.B § 1(part), 2000; Ord. 16.A § 4(part), 2000)
13.08.120 Fee and charges are additional.
The area fee and connection charge shall be in addition to all other fees, charges or assessments imposed or levied against the property by this code, city ordinance, city interlocal agreement, federal, state or county laws and regulations or sewer extension agreements with property owners, including but not limited to latecomer reimbursement charges, service charges, sewer extension fees and charges, and side sewer inspection and permit fees. (Ord. 413 § 4, 2013: Ord. 396 § 6, 2011: Ord. 16.B § 1(part), 2000; Ord. 16.A § 4(part), 2000)
13.08.130 Appeal of fee and charge calculations.
Any owner of property may appeal the city’s determination of the number of non-single-family RCEs for the property. To appeal, the property owner must file a notice of appeal with the city clerk within ten days of the determination by the city. The notice of appeal shall contain the general reasons for the appeal. The city council shall consider the appeal at a meeting held within thirty days of the date of filing of the appeal. The property owner may connect the property during the appeal process by paying under protest the city-calculated area fee and connection charge. (Ord. 413 § 5, 2013: Ord. 16.B § 1(part), 2000; Ord. 16.A § 4(part), 2000)
13.08.140 Charges deemed additional.
Repealed by Ord. 413. (Ord. 16.B § 1(part), 2000; Ord. 16.A § 4(part), 2000)
Prior legislation: Ords. 126.N, 126.O, 126.P, 160, 160.A and 160.B.