Chapter 12.36


12.36.010    Title.

12.36.020    Purpose.

12.36.040    Program authority and administration.

12.36.050    Program elements.

12.36.060    Program coordination.

12.36.080    Program funding.

12.36.090    Right-of-entry.

12.36.100    Enforcement.

12.36.110    Appeals.

12.36.010 Title.

This chapter shall be titled “Storm Water Management Program.”

(Ord. 540 (2016) § 4 (Att. 1) (part), 2016)

12.36.020 Purpose.

The purpose of this chapter is to promote and protect the public health, safety and welfare by ensuring a comprehensive approach to storm water management pursuant to Chapter 36.89 RCW. The storm water management program seeks to protect life and property from storm, waste, flood or surplus surface waters, protect water quality by preventing siltation, contamination and erosion of the county’s waterways, protect aquifers, provide shellfish protection, assure compliance with federal and state surface water management and water quality regulations and legislation, increase public education and citizen involvement, and encourage the preservation of natural drainage systems.

(Ord. 540 (2016) § 4 (Att. 1) (part), 2016)

12.36.040 Program authority and administration.

The storm water management program (program) is a program within the Kitsap County department of public works that implements the county’s comprehensive county-wide storm water management policies and practices. The program shall be administered by the storm water division of Kitsap County department of public works, and the director thereof shall have the authority, subject to approval by the county commissioners, to implement this chapter and exercise all lawful powers necessary and appropriate for the construction, acquisition and condemnation of property rights, maintenance, management, operations and regulation of storm drainage and surface water runoff systems including, without limitation, all lawful powers to fix, alter, regulate and control the rates and charges for the use thereof.

No provision of this chapter shall prevent municipalities, county agencies, departments or special districts from adopting, administering or enforcing other ordinances and regulations to protect storm water quality.

(Ord. 540 (2016) § 4 (Att. 1) (part), 2016)

12.36.050 Program elements.

The program includes the following elements: basin and watershed planning, education, capital improvements, operations and maintenance, monitoring, source control and shellfish protection (the “program”).

(1)    Basin and Watershed Planning. The program develops, coordinates and implements basin and watershed action plans to control surface and storm water runoff in the county.

(2)    Education. The program develops and implements activities to educate the public about land use and human activities that impact water quality and storm water management. The program also develops citizen involvement opportunities to monitor streams and implement restoration programs consistent with approved basin and watershed action plans.

(3)    Capital Improvements. The program develops six-year capital improvement plans that define the activities related to the acquisition, construction, replacement or renovation of capital facilities or equipment needed to address the storm water management program objectives of the county. Each capital improvement plan shall be submitted to the county commissioners for review and approval along with a plan and budget for implementation.

(4)    Operations and Maintenance. The program develops and implements operations and maintenance activities, including inspection and enforcement, to assure that all public and private drainage and storm water control facilities in the county are functional and effective. The program also performs the operations and maintenance of all county-owned storm water control facilities, and coordinates the transfer of county maintenance responsibility for private residential storm water control facilities to the county.

(5)    Monitoring. The program develops and implements activities to monitor the ambient water quality of rivers, streams, lakes and wetlands, and evaluates the effectiveness of source controls and BMPs implemented under the basin and watershed action plans. Water quality monitoring activities are coordinated between agencies within the county, and the results of monitoring activities shall be communicated to residents, agencies and other interested persons.

(6)    Source Control. The program develops and implements source control activities to improve water quality and focuses on reducing herbicide and pesticide usage, strengthening the on-site sewage system correction and wellhead protection programs, and strengthening the use of BMPs. The program may also provide financial assistance through low-interest loans, grants and cost sharing for the restoration of streams, repair of on-site sewage disposal systems, on-site low impact development BMPs and agricultural practice improvements.

(7)    Shellfish Protection. The program develops and implements shellfish protection activities to accomplish the purposes outlined in Chapter 90.72 RCW. The program also coordinates the implementation of activities that provide increased shellfish protection with other counties, municipalities or special purpose districts that may establish shellfish protection programs or districts. This section, however, shall not be construed to establish a shellfish protection district.

(Ord. 540 (2016) § 4 (Att. 1) (part), 2016)

12.36.060 Program coordination.

Program activities and services may be coordinated through agreements with other departments, governmental entities or special districts in order to achieve a comprehensive approach to storm water management. The program shall endeavor to eliminate or reduce duplication and to achieve the maximum program benefit in the most efficient manner. The director shall submit an operating plan, budget and an annual report to the county commissioners for review and approval.

(Ord. 540 (2016) § 4 (Att. 1) (part), 2016)

12.36.080 Program funding.

The program shall be funded by rates and service charges established through Chapter 12.40. The program and any participating municipality, agency, department or special districts may solicit additional funds through grants, if available, to supplement program funding.

(Ord. 540 (2016) § 4 (Att. 1) (part), 2016)

12.36.090 Right-of-entry.

Whenever necessary to examine the property characteristics of a particular parcel for the purposes of implementing this chapter, the director may enter any property at reasonable times in compliance with the following procedures:

(1)    If such property is occupied, the director shall present identification credentials, state the reason for entry and request entry.

(2)    If such property is unoccupied, the director shall first make a reasonable effort to locate the owner or other person having charge or control of the property and request entry.

(3)    Unless entry is consented to by the owner or person in control of any property, the director, prior to entry, shall obtain a search warrant as authorized by the laws of the state of Washington.

(Ord. 540 (2016) § 4 (Att. 1) (part), 2016)

12.36.100 Enforcement.

(1)    Notice of Violation. Where storm water control facilities not maintained by the county have been abandoned, neglected or are not functioning adequately as designed, the KCPW shall have the authority to inspect the facility and advise the property owner(s) in writing of the duty to repair and/or maintain the facility. If the property owner(s) fails to repair and/or maintain the facility within thirty days, public works may issue a notice of violation providing the property owner(s) with a written description of the corrective action that must be taken, the time period in which the corrective action must be performed, and the civil penalty for failure to perform the corrective action. In the event that the property owner(s) fails to take the required corrective action, public works shall report the violation to the county prosecutor, who shall have the authority to collect the civil penalty by use of appropriate legal remedies.

(2)    Negotiation. In addition to, or as an alternative to, the above procedure for notice of violation, the department of public works shall have the authority to negotiate with a property owner(s) to obtain the owner’s consent for public works to perform the corrective repair or maintenance action, at the property owner’s sole expense.

(3)    Transfer of Maintenance. If storm water control facilities on or serving private residential property meet the criteria in Chapter 12.24, the county may accept the maintenance responsibility for the storm water control facilities.

(4)    Emergencies. Whenever the director determines that a storm water control facility poses a hazardous condition to public health, life or property, or adversely affects the condition or capacity of the drainage facilities, or adversely affects the safety or operation of county right-of-way or other property owned or maintained by the county, and the director has reasonable cause to believe that the hazardous condition is so adverse as to preclude the written notice of violation procedure described above, the director may take measures limited to those necessary to eliminate the hazardous condition; provided, that the director takes reasonable steps to locate and advise the property owner(s) of the hazardous condition. In such event, the property owner(s) shall be obligated to reimburse the county for the reasonable costs of performing the corrective action.

(Ord. 540 (2016) § 4 (Att. 1) (part), 2016)

12.36.110 Appeals.

Disputes and appeals pertaining to a notice of violation shall be processed pursuant to this section:

(1)    Within twenty days after receipt of a notice of violation, the property owner(s) shall request in writing a meeting with the director to attempt to informally resolve the dispute.

(2)    If the dispute is not resolved pursuant to subsection (1) of this section, the property owner(s) shall submit a written explanation of his or her position to the director within ten days following the meeting with the director. Such written materials must fully explain the position of the property owner(s) and must, as appropriate, include engineering or other supporting data, drawings, field information and argument concerning the applicable legal authorities. The written materials submitted to the director must indicate that the property owner(s) is invoking the review process set forth in this section.

(3)    Upon receipt of the materials described in subsection (2) of this section, the director shall review such materials and shall within ten days set forth the county’s position on the dispute in writing. This report shall be transmitted to the property owner(s) by certified mail.

(4)    If the property owner(s) is dissatisfied with the position set forth by the director, he or she may appeal the dispute to the Kitsap County board of commissioners by filing a written notice of appeal with the director within ten days of receipt of the written report.

(5)    Upon receipt of an appeal, the director shall transmit to the board a copy of the written explanation as described in subsection (2) of this section and the report of the county’s position as described in subsection (3) of this section, which shall constitute the record.

(6)    Upon receipt of the materials as set forth in subsection (5) of this section, the board shall schedule a public hearing at which to consider the appeal and shall notify the property owner(s) at least ten days prior to the public hearing. The board’s decision shall be based on the record transmitted by the director, and both the director and the property owner(s) shall be permitted to present ten minutes of oral argument. The board shall notify the property owner(s) and the director of its decision in writing by certified mail within fifteen days upon completion of the hearing.

(Ord. 540 (2016) § 4 (Att. 1) (part), 2016)