Chapter 7.05
STORM AND SURFACE WATER UTILITY* Revised 4/22

Sections:

7.05.010    Purpose. Revised 4/22

7.05.020    Definitions. Revised 4/22

7.05.030    Storm and surface water utility created. Revised 4/22

7.05.040    Storm and surface water system. Revised 4/22

7.05.050    Drainage master plan adopted. Revised 4/22

7.05.060    Compliance with city standards. Revised 4/22

7.05.070    Permits required. Revised 4/22

7.05.080    Inspection of private drainage facilities. Revised 4/22

7.05.090    Reinspection. Revised 4/22

7.05.100    Entry onto premises. Revised 4/22

7.05.110    Declaration of emergency. Revised 4/22

7.05.120    System of charges. Revised 4/22

7.05.130    Measurement of impervious area. Revised 4/22

7.05.140    Billing and collection. Revised 4/22

7.05.150    Rate reductions – Credits. Revised 4/22

7.05.160    Drainage systems development charge. Revised 4/22

7.05.170    Mitigation of system impact – Developer contributions. Revised 4/22

7.05.180    Storm and surface water utility accounting. Revised 4/22

7.05.190    Appeals to land use hearing examiner. Revised 4/22

7.05.200    Violations and enforcements – Penalties. Revised 4/22

*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.

Prior legislation – Ord. No. 3690; formerly Code 1986, §§ 7.20.010, 7.20.040, 7.20.050, 7.20.240, 7.20.280 and 7.20.310)

7.05.010 Purpose. Revised 4/22

The purpose of this storm and surface water utility code chapter is to establish authority to operate and maintain the stormwater utility, define requirements for connection to the stormwater system, describe requirements and prohibitions for discharging stormwater to the stormwater utility system, describe the required standards for design, construction, and maintenance of private stormwater facilities and infrastructure, and define the enforcement mechanisms for ensuring compliance with this chapter.

(Ord. No. 2547, § 1; Ord. No. 4425, § 2, 2-15-22. Formerly Code 1986, § 7.20.005)

7.05.020 Definitions. Revised 4/22

As used in this chapter, the following words, terms, and phrases shall have the meanings ascribed to them in this section, unless a different meaning is plainly required:

A. Clean Water Act (CWA) means the federal Water Pollution Control Act (33 U.S.C. 1251 et seq.), and any subsequent amendments thereto.

B. Detention means the temporary storage of storm and surface water runoff with provisions for the controlled release of the stored water.

C. Detention facilities means facilities designed to hold runoff while gradually releasing it at a predetermined rate.

D. Developer means the individuals or corporations applying for the permits or approvals described in KCC 7.05.070.

E. Director means the city of Kent public works director or designee.

F. Emergency means a situation that poses an immediate risk to health, life, property, or environment.

G. Equivalent service unit (ESU) means a configuration of development or impervious surfaces estimated to contribute an amount of runoff 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 ESU is equal to 2,500 square feet of impervious surface area or any portion thereof.

H. Flow control facility means a drainage facility designed in accordance with the drainage requirements in this chapter to mitigate the impacts of increased stormwater runoff generated by site development. A flow control facility is designed to hold water for a considerable length of time and then release it by evaporation, plant transpiration, infiltration into the ground and/or to hold runoff for a short period of time and then release it to the conveyance system.

I. Impervious multiplier means 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.

J. Impervious surface means that hard surface area which either prevents or retards the entry of water into the soil mantle as it entered under natural conditions preexistent to development, 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 preexistent to development. Common impervious surfaces include but are not limited to rooftops, concrete or asphalt paving, paved walkways, patios, driveways, parking lots or storage areas, and oiled, macadam, crushed rock, or other surfaces which similarly impede the natural infiltration of surface water.

K. Maintenance means the act or process of cleaning, repairing, or preserving a system, unit, facility, structure, or piece of equipment.

L. National Pollutant Discharge Elimination System (NPDES) means the permitting program under the Clean Water Act for preventing and reducing the discharge of pollutants to surface waters of the state.

M. Parcel means the smallest separately segregated unit or plot of land having an identified owner, boundaries, and surface area which is documented for tax purposes and given a tax account (lot) number by the King County assessor.

N. Parcel, agricultural means 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. This does not include parcels zoned primarily for single-family residence.

O. Parcel, developed means any parcel which has been altered by grading or filling of the ground surface or by construction of any improvement or other impervious surface area which affects the hydraulic properties of the parcel.

P. Parcel, single-family residential means any parcel of land with a single detached building containing only one residential housing unit that is completely separated from any other structure, except its own garage or shed.

Q. Parcel, undeveloped means any parcel which has not been altered by grading or filling of the ground surface, or by construction of any improvements or other impervious surface area which affects the hydraulic properties of the parcel.

R. Pollutant means anything that causes or contributes to pollution. Pollutants may include, but are not limited to: oil and gas, paint, metals, biological contamination, solvents, human and animal wastes, dirt, and sediment.

S. Rainwater harvesting system means 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.

T. Retention means the storage of storm and surface water runoff with no provisions for release of the stored water other than by evaporation, plant transpiration, and/or infiltration.

U. Stormwater means any surface flow, runoff, and drainage consisting of water from any form of natural precipitation, and resulting from such precipitation.

V. Stormwater system means facilities through which stormwater is collected, conveyed, or treated, including but not limited to inlets, conveyance pipes, pumping facilities, retention and detention basins, water quality facilities, drainage channels, infiltration facilities, and other drainage structures.

W. Surface Water Design Manual means the manual of technical and administrative procedures established by the public works department which delineates methods to be used, the level of detail of analysis required, and other details for implementation of the provisions of this surface water and drainage code.

X. Waters of the state means those waters as defined as “waters of the United States” in 40 CFR 122.2, within the geographic boundaries of the state of Washington, and those “waters of the state” as defined in Chapter 90.48 RCW, which includes lakes, rivers, ponds, streams, inland waters, undergroundwaters, salt waters, and all other surface waters and watercourses within the jurisdiction of the state of Washington.

Y. Water quality standards means surface water quality standards – Chapter 173-201A WAC, groundwater quality standards – Chapter 173-200 WAC, and sediment management standards – Chapter 173-204 WAC.

(Ord. No. 2547, § 1; Ord. No. 3042, § 4, 5-5-92; Ord. No. 3656, § 1, 8-19-03; Ord. No. 4425, § 2, 2-15-22. 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 Storm and surface water utility created. Revised 4/22

A. There is hereby created and established the storm and surface water utility of the city of Kent under which the provisions of this chapter shall be carried out.

B. The director is authorized to administer, implement, and enforce the provisions of this chapter. The director may establish inspection programs to ensure compliance with the requirements of this chapter and the Western Washington Phase II Municipal Stormwater Permit.

(Ord. No. 2547, § 1; Ord. No. 4425, § 2, 2-15-22. Formerly Code 1986, § 7.20.020)

7.05.040 Storm and surface water system. Revised 4/22

There is hereby specified and adopted the storm and surface water system shown on the city’s geographic information system geodatabase (electronic maps).

A. Facility ownership. The utility owns all elements of the public storm and surface water system, including those systems located in public rights-of-way and in easements or tracts dedicated to and accepted by the utility to the extent that public ownership is indicated as a matter of record or by law. Maintenance responsibility may be delegated in a separate agreement.

B. Accepting ownership of private facilities. The utility may accept ownership (or other property rights) and maintenance responsibility for privately built drainage facilities when all of the following conditions are met:

1. Ownership of the private drainage facility by the utility would provide a public benefit;

2. Necessary and appropriate property rights are offered by the property owner at no cost;

3. The private drainage facility substantially meets current code and engineering standards, as determined by the utility, or is brought up to current code and engineering standards by the property owner;

4. The site has access for facility maintenance in accordance with criteria provided in the code and the engineering standards;

5. The utility has adequate resources to maintain the facility;

6. In the case of runoff control or water quality facilities, the private drainage facility serves a residential subdivision or short plat (rather than a commercial property or an individual single-family residence or duplex); and

7. The private drainage facility is transferred to the utility by bill of sale at no cost to the city.

(Ord. No. 2547, § 1; Ord. No. 3042, §§ 1, 4, 5-5-92; Ord. No. 4425, § 2, 2-15-22. Formerly Code 1986, § 7.20.030)

7.05.050 Drainage master plan adopted. Revised 4/22

The plan entitled City of Kent Drainage Master Plan prepared by the city, dated 2008, 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:

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

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

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

(Ord. No. 2547, § 1; Ord. No. 4425, § 2, 2-15-22. Formerly Code 1986, § 7.20.105)

7.05.060 Compliance with city standards. Revised 4/22

All storm and surface water systems, whether public or private, or whether upon private or public property, shall be designed, installed, and maintained in strict accordance with the Kent Surface Water Design Manual and the Kent Design and Construction Standards and any other applicable city codes, standards, and ordinances. All construction and maintenance of those systems shall be subject to the inspection by the director.

(Ord. No. 3400, § 2, 4-21-98; Ord. No. 4425, § 2, 2-15-22)

7.05.070 Permits required. Revised 4/22

A permit is required for all work to construct, install, modify, place, or attempt to construct, install, modify, or place any storm or surface water drainage structure or facility within the city and must be obtained before any work begins. This section shall not be construed to duplicate any other existing city requirements.

(Ord. No. 2547, § 1; Ord. No. 3916, § 1, 6-2-09; Ord. No. 4425, § 2, 2-15-22. Formerly Code 1986, § 7.20.260)

7.05.080 Inspection of private drainage facilities. Revised 4/22

A. The director is authorized to establish inspection programs to ensure compliance with the requirements of this chapter and to accomplish its purposes. Inspection programs may be established on any reasonable basis, including but not limited to: routine inspections; random inspections; inspections based upon complaints or other notice of possible violations; inspection of drainage basins or areas identified as higher than typical sources of sediment or other pollutant or pollutants; inspections of businesses or industries of a type associated with higher than usual discharges of pollutant or pollutants; and joint inspections with other agencies inspecting under environmental or safety laws. Inspections may include, but are not limited to: reviewing maintenance and repair records; sampling discharges, surface water, groundwater, and material or water in drainage control facilities; screening for or tracking illicit discharges or illicit connections; and evaluating the condition of drainage control and water quality facilities and other best management practices, including those located on private property.

B. If, upon inspection, it is determined that the facility contains pollutant sources that are not mitigated adequately according to the Kent Surface Water Design Manual and Kent City Code, notice may be given that pollutant source control best management practices must be constructed or implemented for pollutant generating sources. Failure to implement best management practices shall be a violation of this chapter.

(Ord. No. 4425, § 2, 2-15-22)

7.05.090 Reinspection. Revised 4/22

A. If a violation of this chapter or other applicable federal, state, or local code provision is discovered in an inspection, a reinspection must be requested after the violation has been corrected. Safe access to reinspect the corrective work must be provided.

B. The director may impose a reinspection fee on any account for storm drainage facilities found not to be within compliance of this chapter. This inspection fee shall be independent of any current or future penalties enforced through this chapter. Reinspection fees shall be applied if reinspection occurs beyond the normal routine of inspection and verification of maintenance or correction of the function of the stormwater system or facilities or nonstormwater discharges to the stormwater drainage system, surface water bodies, or groundwater.

(Ord. No. 4425, § 2, 2-15-22)

7.05.100 Entry onto premises. Revised 4/22

With the consent of the owner of any premises, through permissions granted or pursuant to a lawfully issued warrant, public works department staff may enter any premises at any reasonable time to perform the duties imposed by this chapter. No consent, warrant, or permission is required to enter those areas open to the public generally or to which no reasonable expectation of privacy exists.

(Ord. No. 4425, § 2, 2-15-22)

7.05.110 Declaration of emergency. Revised 4/22

If an emergency exists that could cause harm or damage to humans, property, or the environment, the director may authorize representatives of the utility or enforcement officers to take necessary abatement action, to conduct inspections, take remedial action, or to carry out other duties imposed or required by this code subject to the provisions of this chapter.

(Ord. No. 4425, § 2, 2-15-22)

7.05.120 System of charges. Revised 4/22

A. 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, 2019

Effective January 1, 2020

Effective January 1, 2021

$12.81

$13.03

$13.16

2. Agricultural and undeveloped parcels. Agricultural parcels shall be charged the monthly single-family residential parcel rate.

3. Undeveloped parcels. Undeveloped parcels shall not be charged.

4. 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 (A)(4)(c) of this section; and

ii. Multiplying the results by the single-family residential rate.

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 one and six-tenths which reflects the hydraulic impact on the drainage system compared to the impact of an average single-family residence.

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

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.

B. 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 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; Ord. No. 4425, § 2, 2-15-22. Formerly Code 1986, §§ 7.20.200, 7.20.210)

7.05.130 Measurement of impervious area. Revised 4/22

The director 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 or geographic information system 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; Ord. No. 4425, § 2, 2-15-22. Formerly Code 1986, § 7.20.220)

7.05.140 Billing and collection. Revised 4/22

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. Drainage accounts within the city water and sewer service area are billed monthly, as are commercial drainage accounts outside the city water and sewer service area. Single-family residential drainage accounts outside the city water and sewer service area are billed on a quarterly basis. All billings, collections, delinquencies, and related administrative matters shall be handled in a manner consistent with Chapter 7.01 KCC.

(Ord. No. 2547, § 1; Ord. No. 4425, § 2, 2-15-22. Formerly Code 1986, § 7.20.230)

7.05.150 Rate reductions – Credits. Revised 4/22

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

A. The owner of a parcel, other than a single-family residential parcel, has installed an approved onsite water quality or flow control facility which exceeds the requirements set forth in the city of Kent Surface Water Design Manual at the time of 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, 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 runoff peak flows or pollutants. In no case shall such a credit result in a rate less than the monthly charge for a single-family residential parcel. Such a credit will remain in effect so long as:

1. The owner of such a facility has obtained the proper permits and constructed the system according to plans approved by the director;

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

3. The director has access for inspection of the facility to determine if it is in compliance with design and maintenance standards and is functioning properly; and

4. The owner maintains the facility in accordance with the operation and maintenance standards in the Kent Surface Water Design Manual.

B. 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 10 percent rate reduction. The director will consider rate reductions in excess of 10 percent depending upon the amount of rainwater harvested.

C. The owner or renter of a single-family residential parcel of real property qualifies under KCC 7.01.070 for lifeline utility rates. In such cases, the qualifying customer shall receive a rate reduction of 90 percent.

(Ord. No. 2547, § 1; Ord. No. 3656, § 2, 8-19-03; Ord. No. 3779, § 6, 12-13-05; Ord. No. 4374, § 5, 11-17-20; Ord. No. 4425, § 2, 2-15-22. Formerly Code 1986, § 7.20.250)

7.05.160 Drainage systems development charge. Revised 4/22

A. The city shall assess and collect a drainage systems development charge against all new development or redevelopment in the amount of $2,638.35 per ESU (2021 charge), as defined in KCC 7.05.120(A)(4). 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 Cost Index for Seattle-Tacoma-Bremerton for the 12- month period October 1st through September 30th of the previous calendar year.

B. 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.

(Ord. No. 3901, § 7, 12-9-08; Ord. No. 3960, § 2, 6-1-10; Ord. No. 4425, § 2, 2-15-22)

7.05.170 Mitigation of system impact – Developer contributions. Revised 4/22

The public works department is hereby authorized to require mitigation of impacts on storm water drainage facilities pursuant to this chapter and Chapter 11.03 KCC in addition to the standard system development charges in this chapter. Payment of a fair and equitable pro rata portion of specific offsite storm and surface water drainage improvements necessitated by new development may be required. Such mitigation of offsite impacts shall be made in addition to any other requirements of the city for onsite improvements, including system development charges. 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. Where a developer is required to completely finance offsite storm or surface water drainage facilities, the developer may apply for a latecomer agreement per Chapter 6.05 KCC.

(Ord. No. 2547, § 1; Ord. No. 4425, § 2, 2-15-22. Formerly Code 1986, § 7.20.290)

7.05.180 Storm and surface water utility accounting. Revised 4/22

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; Ord. No. 4425, § 2, 2-15-22. Formerly Code 1986, § 7.20.300)

7.05.190 Appeals to land use hearing examiner. Revised 4/22

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 hearing examiner in writing for a hearing on a revision or modification of such charge or determination, no later than 20 days after having been billed for such charge or after having been notified of such determination. The petition shall be filed with the city clerk. At the time of filing of the appeal, the feepayer shall pay the fee set by council resolution for city of Kent planning and land use fees, “appeal of administrative interpretation/decision.” 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 section, 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 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 hearing examiner.

(Ord. No. 2547, § 1; Ord. No. 4425, § 2, 2-15-22. Formerly Code 1986, § 7.20.400)

7.05.200 Violations and enforcements – Penalties. Revised 4/22

Any violation of any provision of this chapter may be enforced as provided for in this section. Each separate date, or portion thereof, during which any violation occurs shall constitute a separate violation.

A. Recovery of costs incurred by the city. In addition to any penalty provided for in subsections (B) through (D) of this section, a person who violates any of the provisions of this chapter shall be liable for all costs incurred by the city as a result of the violation. The city will issue an invoice to the person responsible for the violation advising him or her of the amount of costs incurred by the city as a result of the violation. The person to whom the invoice was directed must respond within 14 calendar days of the date the invoice is served upon that person by: (1) paying the invoice, (2) requesting a hearing before the city’s hearing examiner to mitigate the amount of the invoice, or (3) requesting a hearing before the city’s hearing examiner to contest the amount of the invoice. Failure to timely respond shall result in the invoice being deemed valid and the city may seek collection of the invoice through the process provided for in Chapter 3.10 KCC, including the use of a collection agency. Payment of any invoice issued shall not alleviate the person responsible for the violation from complying with this chapter.

1. Service of notice. Service of an invoice issued under this subsection (A) shall occur and is deemed complete in the same manner and under the same provisions as provided for in KCC 1.04.060.

2. Process to mitigate or contest invoice. The process through which a person may request a hearing to contest or mitigate an invoice issued to him or her as a person responsible for the violation is the same as that provided for notices of violation under KCC 1.04.120 through 1.04.190. The hearing examiner’s decision as to any invoice issued under this subsection (A) is final and may not be further appealed.

3. Failure to pay – Civil infraction. The failure to timely pay an invoice issued under this subsection (A), or any mitigated invoice amount set by the hearing examiner, is a separate violation that may be enforced through the issuance of a civil infraction pursuant to subsection (B) of this section.

B. Civil infraction. A person who violates any provision of this chapter may be issued a class 1 civil infraction as set forth in RCW 7.80.120, as currently enacted or hereafter amended. An infraction issued pursuant to this section shall be filed in the Kent municipal court and processed in the same manner as other infractions filed in the Kent municipal court. In addition, a civil code enforcement action may be instituted in accordance with subsection (C) of this section to effectuate any abatement or corrective action required by the person as a result of the violation.

C. Civil code enforcement. In addition to, or as an alternative to, any other penalty provided for in this chapter or by law, a civil code enforcement action may be instituted under the provisions provided for in Chapter 1.04 KCC to effectuate any abatement or corrective action required as a result of a violation of this chapter, including the issuance of a stop use or stop work order under KCC 1.04.090 through 1.04.110. The process through which the person responsible for the violation may contest a stop use or stop work order is the same as that provided for notices of violation under KCC 1.04.120 through 1.04.190. Failure to timely abate the violation or take the required corrective action will result in the issuance of a fine in accordance with KCC 1.04.080 and 1.04.200, which fine will be separate and apart from any fine that may have been issued under subsection (B) of this section.

D. Criminal offense. Except as may otherwise be provided, a person who:

1. Negligently violates a provision of this chapter is guilty of a misdemeanor, punishable by up to the maximum penalty established in RCW 9A.20.021(3) as now enacted or hereafter amended; or who

2. Knowingly violates a provision of this chapter, or commits a repeated violation of this chapter, is guilty of a gross misdemeanor, punishable by up to the maximum penalty established in RCW 9A.20.021(2), as now enacted or hereafter amended.

a. For purposes of this section “repeated violation” means, as evidenced by either a prior committed finding by the Kent municipal court of an infraction issued under this chapter, or a committed finding by the hearing examiner of a notice of violation issued under Chapter 1.04 KCC, or a committed finding by operation of law under KCC 1.04.130, that a violation of this chapter has occurred on the same property or that a person responsible for the violation has committed a violation of this chapter elsewhere within the city of Kent. To constitute a “repeat violation,” the violation need not be the same violation as the prior violation.

3. If a person is found guilty of a criminal offense as provided for in this subsection (D), or pleads guilty to another offense on recommendation of the prosecutor, the court shall order the defendant pay restitution to the city of Kent, or any other victim of the offense, for the total suffered loss or damage by reason of the commission of the crime.

E. Business license revocation. In addition to any other penalty imposed, the director may seek revocation of a business license held by the person or business related to a violation of this chapter pursuant to Chapter 5.01 KCC.

(Ord. No. 2547, § 1; Ord. No. 4425, § 2, 2-15-22. Formerly Code 1986, § 7.20.500)