Chapter 7.05
STORM AND SURFACE WATER UTILITY*

Sections:

7.05.010    Purpose.

7.05.020    Definitions.

7.05.030    Potential hazard declared.

7.05.040    Storm and surface water utility created.

7.05.050    Storm and surface water system.

7.05.060    Property transferred to utility.

7.05.070    Utility administered by public works department.

7.05.074    Construction standards.

7.05.077    Storm drainage system construction must comply with chapter.

7.05.080    Drainage master plan adopted.

7.05.090    System of charges.

7.05.100    Measurement of impervious area.

7.05.110    Billing and collection.

7.05.120    Rates within drainage districts.

7.05.130    Rate reductions – Credits.

7.05.140    Permits.

7.05.150    Repealed.

7.05.160    Connection fees.

7.05.165    Drainage system development charge.

7.05.170    Mitigation of system impact – Developer contributions.

7.05.180    Storm and surface water utility accounting.

7.05.190    Regulation and administration.

7.05.200    Appeals to land use hearing examiner.

7.05.210    Penalties, enforcement.

*Cross reference(s) – Department of public works, ch. 2.28; utility tax levied on telephone, gas, electric, garbage, water, sewer, and drainage utilities, ch. 3.18; street use permit, ch. 6.07; environmental policy, ch. 11.03; requirements and standards for subdivisions, ch. 12.04.

7.05.010 Purpose.

A. The city finds that all real property in the city contributes run-off to the common drainage problem, and that all real property in the city benefits from the storm and surface water utility system in the city.

B. The city finds that the intensity of development on all parcels of real property, as measured by the square footage of impervious surface area, is an appropriate basis for determination of an individual parcel’s contribution to the problem of storm and surface water run-off.

C. The city finds that each owner of a parcel of real property within the city should pay for his share of the cost of constructing, operating, maintaining, repairing, improving and replacing drainage facilities in proportion to the amount of run-off contributed to the drainage system beyond that which would occur if the parcel were in its natural state.

(Ord. No. 2547, § 1. Formerly Code 1986, § 7.20.005)

7.05.020 Definitions.

The following words, terms, and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Detention shall mean the temporary storage of storm and surface water run-off with provisions for the controlled release of the stored water.

Equivalent service unit (ESU) shall mean a configuration of development or impervious surfaces estimated to contribute an amount of run-off to the city’s storm and surface water drainage system which is approximately equal to that created by the average single-family residential parcel. This excludes the multiplier effects of continuous areas of impervious surfaces larger than an ESU. One (1) ESU is equal to two thousand five hundred (2,500) square feet of impervious surface area or any portion thereof.

Impervious multiplier shall mean a multiplier used in the city storm and surface water utility rate formula which reflects the hydraulic impact of increasing percentages of impervious surface area. The effect of such multiplier is to increase the monthly service charge for parcels having a higher ratio of impervious surface area to total surface area.

Impervious surface shall mean that hard surface area which either prevents or retards the entry of water into the soil mantle as it entered under natural conditions pre-existent to development, and/or that hard surface area which causes water to run off the surface in greater quantities or at an increased rate of flow from that present under natural conditions pre-existent to development. Common impervious surfaces include, but are not limited to, roof tops, concrete or asphalt paving, walkways, patios, driveways, parking lots or storage areas, and oiled, macadam, or other surfaces which similarly impede the natural infiltration of surface water.

Parcel shall mean 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 King County assessor.

Parcel, agricultural shall mean any parcel of land upon which crops are produced or livestock is raised, and may include houses, barns, greenhouses, and other structures related to farming activities. Agriculture includes both commercial and noncommercial activities.

Parcel, developed shall mean 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.

Parcel, single-family residential shall mean any parcel of land having on it a dwelling unit which is designed for occupancy by one (1) family or a similar group of people.

Parcel, undeveloped shall mean 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.

Rainwater harvesting system shall mean a system that is properly sized to utilize the available roof surface on any new or remodeled commercial building, which complies with the guidelines established by the Washington State Building Code Council for a harvesting system that collects and stores rainwater for the purpose of supplying water to plumbing fixtures, industrial applications, or used for irrigation purposes.

Retention shall mean the storage of storm and surface water run-off with no provisions for release of the stored water other than by evaporation and infiltration.

Storm and surface water facility shall mean any natural or person-made component of the city storm and surface water system. Storm and surface water facility shall also include any structure or facility impacting the city system, or otherwise related to storm and surface water management.

Storm and surface water system shall mean the total system of storm and surface water facilities as described in KCC 7.05.040 and the drainage basins map.

(Ord. No. 2547, § 1; Ord. No. 3042, § 4, 5-5-92; Ord. No. 3656, § 1, 8-19-03. Formerly Code 1986, §§ 7.20.100, 7.20.110 – 7.20.160)

Cross reference(s) – Definitions and rules of construction generally, § 1.01.030.

7.05.030 Potential hazard declared.

The city council finds and declares that absent effective regulation and control, existing storm and surface water drainage conditions in all drainage basins within the city generally described in the drainage basins map filed with the city clerk constitute a potential hazard to health, safety and property of city inhabitants. The city council finds further that natural and manmade storm and surface water drainage or sewerage facilities together constitute a storm and surface water drainage facility and that effective regulation and control of storm and surface water in all stream basins and financing of the facilities requires joint regulations, control and financing with some or all of the cities of Auburn, Renton, Tukwila and Des Moines and King County herein referred to as the county pursuant to Chapters 35.67 and 39.34 RCW, and article 11, section 11 of the state constitution, and that the best interests of the city require the formation by the city of a storm and surface water utility and the transfer to the utility of all storm and surface watercourses and related rights belonging to the city.

(Ord. No. 2547, § 1; Ord. No. 3042, § 2, 5-5-92. Formerly Code 1986, § 7.20.010)

7.05.040 Storm and surface water utility created.

There is hereby created and established a storm and surface water utility of the city. The city elects to exercise all the lawful powers necessary and appropriate to the construction, condemnation and purchase, acquisition, addition to, maintenance, conduct and operation, management, regulation and control of, the storm and surface water system described in KCC 7.05.050 as the same may hereafter be added to, bettered or extended within or without the present and future limits of the city, including, without limitation, all the lawful powers to fix, alter, regulate and control the rate, charges and conditions for the use thereof.

(Ord. No. 2547, § 1. Formerly Code 1986, § 7.20.020)

7.05.050 Storm and surface water system.

There is hereby specified and adopted the original system or plan of the storm and surface water facilities described as set forth on the drainage basins map filed with the city clerk which is adopted by the city for use in conjunction with the administration of the storm and surface water utility code. Such system or plan shall include all properties, interest, physical and intangible rights of every kind or nature owned or held by the city, however acquired, insofar as they relate to or concern storm or surface water sewerage, further including without limitation, all such properties, interest and rights acquired by adverse possession or by prescription, directly or through another, in and to the drainage or storage, or both, of storm or surface waters, or both, through, under or over lands, landforms, watercourses, sloughs, streams, ponds, rivers, lakes, and swamps, all beginning, in each case or instance at a point where storm or surface waters first enter the storm or surface water system of the city and ending in each case or instance at a point where such storm or surface waters exit from the storm or surface water system of the city, and in width to the full extent of inundation caused by storm or flood conditions.

(Ord. No. 2547, § 1; Ord. No. 3042, §§ 1, 4, 5-5-92. Formerly Code 1986, § 7.20.030)

7.05.060 Property transferred to utility.

A. The city council expressly finds the value of the above-described original system or plan of storm and surface water facilities is equal to the value of release from primary responsibility therefor insofar as it relates to or concerns storm or surface waters within the city. Accordingly, all of the city’s above-mentioned facilities including the rights and interests as a part thereof, as they relate to or concern storm or surface waters are, for purposes of RCW 43.09.210, hereby transferred to and subject to the administration of the city’s storm and surface water utility created by this chapter. All other institutions and departments of the city having primary responsibility therefor within the city are, to the same extent, released from such primary responsibility.

B. Inasmuch as the city now owns all those facilities, including the rights and interests as a part thereof and the original system or plan set forth in KCC 7.05.050, there is no estimated cost thereof.

(Ord. No. 2547, § 1. Formerly Code 1986, § 7.20.040)

7.05.070 Utility administered by public works department.

The storm and surface water utility created in KCC 7.05.040 shall be administered by the public works department in such a manner as the city council shall provide by ordinance or by joint resolution with the county or other cities. The failure to pass or adopt such an ordinance or resolution shall not affect the validity of this chapter or the formation of the storm and surface water utility created hereby.

(Ord. No. 2547, § 1. Formerly Code 1986, § 7.20.050)

7.05.074 Construction standards.

All storm and surface water systems, whether public or private, shall be installed in strict accordance with specifications contained in any existing city ordinance or code and any construction standards or international or uniform codes that the city either has adopted or adopts in the future. All construction and maintenance of those systems shall be subject to the inspection by the director or his or her designee.

(Ord. No. 3400, § 1, 4-21-98; Ord. No. 3690, § 6, 5-4-04)

7.05.077 Storm drainage system construction must comply with chapter.

When any storm and surface water system, whether upon private property or upon the city’s right-of-way, is constructed, laid, connected, or repaired and does not comply with the provisions of this chapter or any construction standards or codes that may be adopted in the future, or where the director determines that a storm and surface water system is obstructed, broken, or inadequate and is a menace to health, or is liable to cause damage to public or private property, the director shall give notice of that condition to the owner, agent, or occupant of the property in which the condition exists. If the owner, agent, or occupant refuses to construct, relay, reconstruct, or remove the obstruction from the storm and surface water system within the time specified in that notice, the director may perform all necessary work to comply with this chapter. The cost of that work will be assessed against the property or collected from the person responsible for the condition, and the total amount thereof shall become a lien upon the property. The city attorney is authorized, empowered, and directed to collect that cost, either by foreclosure of the lien or by a suit against the owner, agent, occupant, or other person responsible for the condition on the property. The suit shall be maintained in the name of the city in any court of competent jurisdiction.

(Ord. No. 3400, § 2, 4-21-98)

7.05.080 Drainage master plan adopted.

The plan entitled City of Kent Surface Drainage Utility Drainage Master Plan prepared by the city, URS engineers, and Matrix Management Group, dated February 20, 1985, and filed with the city clerk, a copy of which is maintained at the public works department, is hereby specified and adopted by the city as the system or plan for such surface drainage utility. The drainage master plan sets forth recommendations for:

1. Improvements in the city’s system of storm and surface water facilities;

2. Construction of needed new storm and surface water facilities; and

3. Operation and maintenance of storm and surface water facilities within the utility’s service area.

(Ord. No. 2547, § 1. Formerly Code 1986, § 7.20.105)

7.05.090 System of charges.

A. There is hereby imposed a system of charges on each parcel of real property within the city served by or to which is available for service the storm and surface water utility established by this chapter. The charges are found to be reasonable and necessary to fund administration, planning, design, construction, operation, maintenance, repair, improvement, and replacement of all existing and future storm and surface water facilities, including the accumulation of reserves and the retirement of any associated debt.

B. The following charges are hereby established for all parcels of real property in the city:

1. Single-family residential parcels. The single-family residential rate shall be as follows:

Charged in Dollars Per Month, Per Single-Family Residential Dwelling

Effective January 1, 2013

Effective January 1, 2014

Effective January 1, 2015

$11.09

$11.64

$12.22

2. Agricultural and undeveloped parcels. Agricultural parcels shall be charged the monthly single-family residential parcel rate. Undeveloped parcels shall not be charged.

3. Other parcels.

a. The charge for all other parcels except single-family residential parcels, agricultural parcels, and undeveloped parcels shall be based upon:

i. The total amount of impervious surface as expressed in equivalent service units (an equivalent service unit (ESU) has been determined to be 2,500 square feet of impervious surface or any fraction thereof); and

ii. The percentage of impervious surface area on each parcel.

b. The charge for all such parcels shall be computed:

i. By multiplying the total number of ESUs on each parcel by the parcel’s impervious multiplier established in subsection (B)(3)(c) of this section; and

ii. Multiplying the results by the sum of the single-family residential rate, if any.

c. Impervious multipliers are hereby established:

i.

Percentage of impervious area per parcel (impervious surface/total surface x 100)

Impervious multiplier

 

1 to 40

1

 

41 to 60

1.2

 

61 to 80

1.4

 

81 to 100

1.6

ii. Impervious multipliers correlate the hydraulic impact of a parcel to its percentage of impervious surface per parcel. The multiplier for the average single-family residence is established as one. The multiplier linearly increases as the percentage of impervious area increases. The final category has a multiplier of 1.6 which reflects the hydraulic impact on the drainage system compared to the impact of an average single-family residence.

4. Road systems. The impervious surface area for city roads shall be assessed 30 percent of the charge established in subsection (B)(3) of this section for impervious service areas.

5. Water quality charges.

a. The city hereby authorizes and declares its intent to establish a water quality charge which may be added to any or all of the above rates. The purposes of such a charge will be to finance monitoring, testing, treatment, and control of pollutant discharges into the storm and surface water system, including the exercise of all lawful enforcement powers of the city. A plan for developing such charges, and a schedule and budget for this project, shall be submitted to the city council for review and approval before enactment.

b. Such charges should be based upon appropriate indices of pollutant discharges which approximate each parcel’s contribution to the problem of water quality within storm and surface water facilities including all receiving waters.

6. Undeveloped parcels shall be subject to all charges established under this section upon development. Development shall be determined by the date of issuance of a building permit or any other permit for development purposes or as otherwise established by the director of public works.

C. Beginning January 1, 2018, and on the first day of each calendar year thereafter, the total storm and surface water system of charges set forth in this section will adjust by the Consumer Price Index (CPI), specifically the CPI-W Seattle-Tacoma-Bellevue, measured from June 1st through June 1st of the previous calendar year, if the CPI-W reflects an upward adjustment from the previous annual June to June period. For the years 2018 through 2022 the adjustment will not exceed 2.4 percent of the total water rate, but after that, beginning January 1, 2023, any increase in the CPI will not be subject to this 2.4 percent limit. In order to simplify the rate-making structure, the finance director is authorized to amend the rate each year to reflect the CPI adjustment.

(Ord. No. 2547, § 1; Ord. No. 3042, § 5, 5-5-92; Ord. No. 3224, § 1, 5-2-95; Ord. No. 3453, § 1, 5-4-99; Ord. No. 3459, § 1, 5-18-99; Ord. No. 3461, § 1, 6-1-99; Ord. No. 3488, § 1, 11-16-99; Ord. No. 3527, § 1, 10-17-00; Ord. No. 3534, § 1, 12-5-00; Ord. No. 3819, § 5, 11-21-06; Ord. 3864 § 6, 12-11-07; Ord. No. 3901, § 4, 12-9-08; Ord. No. 3981, § 1, 11-16-10; Ord. No. 4021, § 1, 12-13-11; Ord. No. 4060, § 1, 12-11-12; Ord. No. 4267, § 1, 12-12-17. Formerly Code 1986, §§ 7.20.200, 7.20.210)

7.05.100 Measurement of impervious area.

The director of public works or his designee shall determine the number of square feet of impervious surface in all nonsingle-family residential parcels, excluding agricultural and undeveloped parcels, and the total surface area of each parcel of real property, through the records of the King County assessor and through aerial photographic methods; provided, that the methods used ensure accuracy to one-tenth (0.1) of an equivalent service unit as defined in this chapter.

(Ord. No. 2547, § 1. Formerly Code 1986, § 7.20.220)

7.05.110 Billing and collection.

Storm and surface water utility charges for each parcel of real property within the city shall be computed on a monthly basis. The amount billed shall be included on the city utility bill. All billings, collections, delinquencies, and related administrative matters shall be handled in a manner consistent with Chapter 7.01 KCC.

(Ord. No. 2547, § 1. Formerly Code 1986, § 7.20.230)

7.05.120 Rates within drainage districts.

Through March 31, 2009, the storm and surface water utility charges imposed upon all parcels within the city which are also being assessed, according to the records of the King County assessor, by drainage district number 1 or drainage district number 2 shall be reduced by the amount equal to such assessments upon the providing of adequate proof thereof to the finance director or designee. The maximum reduction allowed in any one (1) year shall be limited to the storm and surface water utility charge imposed for that year. Effective April 1, 2009, these rate reductions shall no longer apply.

(Ord. No. 2547, § 1; Ord. No. 3901, § 5, 12-9-08. Formerly Code 1986, § 7.20.240)

7.05.130 Rate reductions – Credits.

The finance director, upon direction of the director of public works or designee, shall reduce (credit) the normal storm and surface water utility charge for a parcel of real property when the public works department finds:

1. The owner of a parcel, other than a residential parcel, has installed an approved onsite retention system which substantially reduces the flows expected after the development of such a parcel. No credit shall be given for mitigating measures which are required to meet any ordinance, regulation, other control, or standard established by the city, King County, or the state. Such credits shall be commensurate with the mitigating effects so that the reduction in rates will be in approximate proportion to the reduction in run-off. In no case shall such a credit result in a rate less than the monthly charge for a single-family residential parcel. A system of standard credits in storm and surface water utility charges for retention measures shall be developed and transmitted to the city council for approval within ninety (90) days of adoption of this chapter.

2. Such a credit will remain in effect as long as:

a. The owner of such a system has obtained the proper permits and constructed the system according to plans approved by the director of public works or designee;

b. The owner remains responsible for all costs of operation and maintenance of the system consistent with city standards, whether operated and maintained by the owner or by the city; and

c. The director of public works or designee has access for inspection of the system to determine if it is in compliance with design and maintenance standards, and is functioning properly.

3. The owner or renter of a new or remodeled commercial building is utilizing a permissive rainwater harvesting system, as defined in KCC 7.05.020. In such cases, and in accordance with RCW 35.67.020 and 35.92.020, the owner or renter shall receive a credit equal to a minimum ten (10) percent rate reduction. The city’s public works director will consider rate reductions in excess of ten (10) percent depending upon the amount of rainwater harvested.

4. The owner or renter of a single-family residential parcel of real property qualifies under KCC 7.01.080 for lifeline rates. In such cases, the lifeline charge rate for the qualifying customer shall be ninety-two cents ($0.92) per month, and basin-specific charges pursuant to KCC 7.05.090(B)(5) shall not be imposed.

5. The owner of a parcel of real property has made improvements to existing and natural watercourses which will result in the enhancement of water quality or the restoration or enhancement of natural spawning or rearing areas. These credits shall continue so long as the owner or his agent satisfactorily maintains the watercourse improvements. Standards and criteria for establishing the amount of reductions for such improvements shall be developed, with the assistance of a fisheries biologist, and transmitted to the city council for approval within one hundred eighty (180) days of the adoption of this chapter.

6. Approved onsite retention systems in subsection (1) of this section, and approved water quality enhancement efforts, in subsection (5) of this section, are found to be mitigating measures pursuant to RCW 90.03.510 and thereby entitled to the credits provided in this section.

(Ord. No. 2547, § 1; Ord. No. 3656, § 2, 8-19-03; Ord. No. 3779, § 6, 12-13-05. Formerly Code 1986, § 7.20.250)

7.05.140 Permits.

Permits are hereby required for any person to construct, install, place, or attempt to construct, install, or place any storm or surface drainage structure or facility within the city. Every person desiring to construct or install any storm or surface water facility, whether on private or public property, shall make application for same to the public works department prior to commencing work on such project. Such applications shall be made on forms provided by the department prior to commencing work on such project, and shall include all information as may be required by the department. The application shall be approved by the public works director or designee, prior to construction; provided, that such construction or installation is in compliance with all city ordinances, regulations, and other controls or standards. Each application submitted to the department of public works shall be accompanied by payment for a construction permit fee in an amount established by the city council. In addition to the other penalties that may be provided by law, failure to obtain such a permit will result in the fee being doubled. Such fees shall defray part of the cost of inspections and plan reviews required by the city prior to and during the construction of storm and surface water drainage facilities. All such fees shall be placed in a separate revenue account for the storm and surface water utility. This section shall not be construed to duplicate any other existing city requirements.

(Ord. No. 2547, § 1; Ord. No. 3916, § 1, 6-2-09. Formerly Code 1986, § 7.20.260)

7.05.150 Unlawful discharges monitored – Director’s emergency authority.

Repealed by Ord. No. 3916.

(Ord. No. 2547, § 1. Formerly Code 1986, § 7.20.270)

7.05.160 Connection fees.

Connection fees shall be assessed against an owner of real property at the time of issuance of a development permit for any onsite storm or surface water drainage structure or facilities which attach or connect to, or otherwise drain into, the system of drainage facilities as defined in KCC 7.05.050 or where any additional surface or storm water run-off is generated and delivered or transported through either natural or person-made watercourses to the utility’s system of storm and surface water facilities. The connection fees, assessed and collected through March 31, 2009, shall be as follows:

Basin

Connection charge in dollars per month per acre

G

12.50

I

11.25

A

13.75

B

12.50

C & A

1.25

All others (except Basin H)

0.0

Effective April 1, 2009, the connection fee assessed and collected by the city under this section shall terminate and the city will assess and collect a drainage systems development charge in accordance with KCC 7.05.165.

As of December 31, 1999, and effective through March 31, 2009, for Basin H only (the Soos Creek Watershed, generally), the charge per connection will be a flat fee of four hundred dollars ($400) per equivalent service unit. Effective April 1, 2009, the city will no longer assess and collect basin-specific charges.

The basins are as defined under KCC 7.05.090(B)(5). The charge in effect through March 31, 2009, is calculated by the number of months from the date of adoption of this chapter to the date of issuance of the development permit, and the acre represents the area of the property being developed. All connection fees collected by the storm and surface water utility shall be placed in a separate revenue account for the storm and surface water utility.

(Ord. No. 2547, § 1; Ord. No. 3453, § 2, 5-4-99; Ord. No. 3459, § 2, 5-18-99; Ord. No. 3488, § 2, 11-16-99; Ord. No. 3534, § 1, 12-5-00; Ord. No. 3901, § 6, 12-9-08. Formerly Code 1986, § 7.20.280)

7.05.165 Drainage systems development charge.

A. Effective April 1, 2009, the city shall assess and collect a drainage systems development charge against all new development or redevelopment in the amount of one thousand and seven hundred and eighty-seven dollars ($1,787) per ESU, as defined in KCC 7.05.090(B)(3). This drainage system development charge will increase annually, on the first day of each calendar year, by an amount equal to the percentage increase in the Construction Price Index for Seattle-Tacoma-Bremerton for the twelve (12) month period October 1st through September 30th of the previous calendar year.

All drainage system development charges collected by the storm and surface water utility shall be placed in a separate revenue account for the storm and surface water utility.

B. Fee deferral. Until December 31, 2013, at the time of issuance of any single-family residential building permit for a dwelling unit that is being constructed for initial sale, the owner of the subject real property may defer payment of the drainage system development charge in subsection (A) of this section by executing a first position lien in favor of the city in the amount of the drainage system development charge. The city shall record the lien against the real property and the lien amount shall be paid by the seller to the city at the time of closing of the sale of the real property and single-family residence. An owner who chooses to defer the drainage system development charge must combine the lien with a lien deferring the transportation improvement fee in KCC 12.11.090 or Chapter 43.21C RCW, and water system development charge in KCC 7.02.090.

(Ord. No. 3901, § 7, 12-9-08; Ord. No. 3960, § 2, 6-1-10)

7.05.170 Mitigation of system impact – Developer contributions.

The public works department is hereby authorized to require mitigation of impacts on storm water drainage facilities pursuant to this chapter and Ch. 11.03 KCC. Payment of a fair and equitable pro rata portion of specific offsite storm and surface water drainage improvements necessitated by new development may be authorized. Such mitigation of offsite impacts shall be made in addition to any other requirements of the city for onsite improvements. Where a developer is required to completely finance offsite storm or surface water drainage facilities, the city will enter into a street improvement reimbursement agreement with the developer. All developer contributions shall be placed in a separate revenue account for the storm and surface water utility, earmarked for specific projects or improvements, and utilized solely for such purposes.

(Ord. No. 2547, § 1. Formerly Code 1986, § 7.20.290)

7.05.180 Storm and surface water utility accounting.

All monies obtained pursuant to this chapter shall be segregated, credited, and deposited to the credit of storm and surface water utility. The monies deposited shall be expended only for administering, operating, maintaining, or improving storm and surface water drainage facilities, including all or any part of the cost of planning, designing, financing, acquiring, constructing, maintaining, repairing, replacing, improving, or operating present or future storm and surface water drainage facilities owned by the utility. Monies shall not be transferred to any other funds of the city except to pay for expenses directly attributable to storm and surface water drainage.

(Ord. No. 2547, § 1. Formerly Code 1986, § 7.20.300)

7.05.190 Regulation and administration.

The director of public works or designee is hereby authorized to administer this chapter unless otherwise designated herein. The director of public works is hereby authorized and directed to formulate any rules and regulations which are consistent with this chapter and which are necessary for its proper administration by the officials of the department of public works.

(Ord. No. 2547, § 1. Formerly Code 1986, § 7.20.310)

7.05.200 Appeals to land use hearing examiner.

A. Any owner who disputes the amount of a charge pursuant to this chapter or who disputes any determination made by or on behalf of the city pursuant to and by authority of this chapter may petition the land use hearing examiner in writing for a hearing on a revision or modification of such charge or determination, no later than twenty (20) days after having been billed for such charge or after having been notified of such determination. Such petition shall be filed with the city clerk upon payment of the disputed charge and a fee of fifty dollars ($50). The petition shall identify the property, describe all improvements or proposed improvements, and allege specific errors in a charge or the basis for the challenge of a determination. For purposes of this subsection, notice of determination shall be effective upon the date of mailing, postage prepaid to the address of the person seeking the determination. Notice of charges shall be the monthly account billing date; provided, that a reduction or increase in charges shall only be allowed from that billing date forward, for which an appeal is filed. Pending hearing and final decision, the owner shall pay current charges. Failure to pay current charges shall result in dismissal of the appeal by the land use hearing examiner.

B. Upon receiving such a petition, the land use hearing examiner shall schedule a hearing within thirty (30) days. Notice of the hearing shall be provided to the petitioner at least ten (10) days prior to the hearing. Following the hearing, a final determination shall be made by the land use hearing examiner and the petitioner shall be notified within thirty (30) days.

C. All decisions of the land use hearing examiner shall be based upon guidelines for storm and surface water drainage rate appeals as amended, to be established by the department of public works on or before July 31, 1985, and as may thereafter be amended. Such guidelines, and amendments thereto, shall be effective upon filing with the city clerk and publication in a newspaper of general circulation in the city.

D. Nothing in this chapter shall be construed as granting any right of judicial review which does not previously exist in law. The decision of the land use hearing examiner shall be final and conclusive. A writ of review must be sought in the superior court, if at all, by an aggrieved party or person within fourteen (14) calendar days of the effective date of the decision.

(Ord. No. 2547, § 1. Formerly Code 1986, § 7.20.400)

7.05.210 Penalties, enforcement.

A. Civil. Any violation of this chapter shall be an infraction, and any person found in violation thereof shall be subject to a penalty not to exceed two hundred fifty dollars ($250) per day.

B. Criminal. Any knowing violation of the provisions of this chapter shall be a misdemeanor, and any person found guilty thereof shall be punished by a fine not to exceed five thousand dollars ($5,000) or imprisonment not to exceed one (1) year or by both such fine and imprisonment.

C. Penalties not exclusive. The penalties authorized in subsections (A) and (B) above shall not be exclusive. The director of public works is authorized to take such emergency measures as are necessary to insure compliance with this chapter. Violation of the provisions of this chapter may give rise to such other remedies or action necessary to carry out the purposes of this chapter.

(Ord. No. 2547, § 1. Formerly Code 1986, § 7.20.500)