Article IV. Storm Water Utility
Chapter 15.80
STORM WATER UTILITY
Sections:
15.80.010 Storm water utility created – Responsibilities.
15.80.020 Property transferred to storm water utility.
15.80.030 Administration by director of public works.
15.80.050 Liability for payment of storm water utility charges – Unoccupied premises.
15.80.070 Billing and collection.
15.80.080 Date payment of bills due – Delinquency – Penalties – Lien.
15.80.090 Storm water utility fund.
15.80.010 Storm water utility created – Responsibilities.
There is created and established pursuant to RCW 35A.80.010 and Chapter 35.67 RCW, and Article 11, Section 11, of the Washington State Constitution, a storm water utility. The storm water utility shall have authority and responsibility for implementation of Chapter 16.80 LMC, and for planning, design, construction, maintenance, administration, and operation of all city storm water conveyances and facilities. (Ord. 2757 § 1, 1999).
15.80.020 Property transferred to storm water utility.
Title to and all other incidents of ownership of the following assets are hereby transferred to and vested in the storm water utility: all properties, interests and physical and intangible rights of every nature owned or held by the city, however acquired, insofar as they relate to or concern storm water; further including, without limitation, all properties, interests, and rights acquired by adverse possession or by prescription, directly or through another, in addition to the drainage or storage, or both, of storm water through, under or over lands, watercourses, sloughs, streams, ponds, lakes, and marshes, all beginning in each instance at a point where storm water first enters the system of the city and ending in each instance at a point where the storm water exits from the system of the city, and in width to the full extent of inundation caused by storm or flood conditions. (Ord. 2757 § 1, 1999).
15.80.030 Administration by director of public works.
The storm water utility shall be administered by the director of public works or other official designated by the city manager. (Ord. 2757 § 1, 1999).
15.80.040 Definitions.
As used in this article, the following terms have the meanings set forth below:
(1) “Residential” means a single-family residential dwelling, or single-family residential dwelling unit within a duplex, triplex, or condominium building.
(2) “Multiple occupancy residential” means a multiple-family dwelling which is a four-plex or larger, an apartment building, a mobile home park, or a trailer park.
(3) “Sole occupancy nonresidential” means a developed parcel that is not used for residential purposes, and is occupied by only one person, firm or corporation.
(4) “Multiple occupancy nonresidential” means a developed parcel that is not used for residential purposes, and is occupied by more than one person, firm or corporation.
(5) “Mixed use occupancy” means a developed parcel that is used for residential purposes and nonresidential purposes, and is occupied by more than one person, firm or corporation.
(6) “Impervious surface” means a hard-surfaced area which either prevents or retards the entry of water into the soil mantle as under natural conditions prior to the development, and/or a hard-surfaced area which causes water to run off the surface in greater quantities or at an increased rate of flow from the flow present under natural conditions prior to development. Common impervious surfaces include, but are not limited to, roof tops, walkways, patios, driveways, parking lots or storage areas, concrete or asphalt paving, gravel roads, gravel parking lots, packed earthen materials, and oiled, macadam or other surfaces which similarly impede the natural infiltration of storm water. Open, uncovered retention/detention facilities shall not be considered as impervious surfaces.
(7) “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 Cowlitz County assessor.
(8) “Developed parcel” means a parcel of real property 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.
(9) “Undeveloped parcel” means a parcel of real property which has not been altered by grading or filling of the ground surface, or by construction of any improvement or other placement of any impervious surface area thereon which affects the hydraulic properties of the parcel.
(10) “Nonresidential” means any developed parcel of real property in the city other than single-family parcels and multiple-family parcels. (Ord. 2757 § 1, 1999).
15.80.050 Liability for payment of storm water utility charges – Unoccupied premises.
All accounts for storm water utility services shall be charged against the parcel to which such storm water services are applicable, and such accounts shall be kept in the name of and billed as follows:
(1) “Residential” accounts shall be kept in the name of and billed to the person, firm or corporation shown as the recipient of water and/or sanitary sewer service for the single-family dwelling unit;
(2) “Multiple occupancy residential” accounts shall be kept in the name of and billed to the person, firm or corporation shown as the recipient of water and/or sanitary sewer service to the multiple-family parcel or multiple-family dwelling or to the record owner or owner’s agent of the parcel to which such storm water services are rendered;
(3) “Sole occupancy nonresidential” accounts shall be kept in the name of and billed to the person, firm or corporation shown as the recipient of water and/or sanitary sewer service for the parcel to which such storm water services are rendered;
(4) “Multiple occupancy nonresidential” accounts shall be kept in the name of and billed to the person, firm or corporation shown as the recipient of water and/or sanitary sewer service to the premises or to the record owner or owner’s agent of the parcel to which such storm water services are rendered;
(5) “Mixed use occupancy” accounts shall be kept in the name of and billed to the person, firm or corporation shown as the recipient of water and/or sanitary sewer service or the record owner or owner’s agent of the parcel to which such storm water services are rendered;
(6) Accounts that cease to be recipients of water and/or sanitary sewer service by reason of disconnection or termination of service shall be kept in the name of and billed to the person, firm or corporation shown as the record owner of the parcel to which such storm water services are rendered, until such time as water and/or sanitary sewer service is restored.
In the event of delinquencies and the imposition of liens, the record owner of the parcel to which such storm water utility services were provided shall bear ultimate responsibility for the payment of all charges for storm water utility services to such parcel. (Ord. 2757 § 1, 1999).
15.80.060 Rates and charges.
All real property in the city shall be charged for storm water utility services; provided, however, that undeveloped parcels shall not be subject to such charges; provided further, that such charges shall be imposed on and charged to the owners and/or developers of undeveloped parcels six months after the issuance of any building permit for development or construction on such parcel, unless such building permit has expired or been cancelled without construction of the permitted facilities. The rates and charges to be imposed for all storm water utility services shall be uniform for all classes of real property as defined in LMC 15.80.040.
The amount of all such charges, fees and rates shall be determined by and set forth in a resolution of the city council. (Ord. 2757 § 1, 1999).
15.80.070 Billing and collection.
All charges and fees, under this article, for storm water utility services shall be combined with, shown separately from, and billed at the same time as water and sanitary sewer bills as provided in LMC 15.56.100.
All charges for storm water utility services for any improved parcel that does not receive water or sanitary sewer service from the city shall be billed to the record owner of such parcel on a monthly or bimonthly basis for the charges applicable to such parcel. (Ord. 2757 § 1, 1999).
15.80.080 Date payment of bills due – Delinquency – Penalties – Lien.
(1) All money due to the city for storm water utility services to any customer shall be due and payable within 15 days of the billing date shown on each bill.
(2) Any money due the city for storm water utility services shall be deemed delinquent if not paid on or before 15 days after the billing date shown on each bill.
(3) A penalty charge, as fixed from time to time by resolution of the city council, shall be added to any storm water utility bill which is not paid on or before 30 days after the billing date shown on each bill; and an additional penalty, as fixed from time to time by resolution of the city council, shall be added to such unpaid storm water utility bill for each successive 30-day period during which such bill, or any portion thereof, remains unpaid.
(4) All delinquent bills for storm water utility services shall be a lien upon the parcel served by such storm water utility, which lien shall be superior to all other liens and encumbrances except general taxes and local and special assessments. Filing of any written lien, and the enforcement thereof, shall be in the manner provided by law for such liens. (Ord. 2757 § 1, 1999).
15.80.090 Storm water utility fund.
There is hereby established a storm water utility fund into which all revenues, charges, grants, taxes and money from other sources shall be deposited and from which all expenditures related to the city’s storm water utility drainage system shall be paid. This fund shall be kept in the manner prescribed by state law as to accounting and reporting procedures and requirements. (Ord. 2757 § 1, 1999).