Chapter 12.40
DRAINAGE UTILITY CHARGES1

Sections:

12.40.020    Charge system established – Charges imposed.

12.40.025    Criteria established.

12.40.030    Storm water system service charges – Schedule – Exemptions.

12.40.040    Storm water system service charges – Adjustments.

12.40.050    Billing.

12.40.060    Assessment for charges.

12.40.065    Rainwater harvesting rate reduction.

12.40.070    Storm water system fund.

12.40.075    Storm water system service charges – Sufficiency.

12.40.080    Revenue disposition and expenditure conditions.

12.40.085    Annual review of rates.

12.40.090    Liability disclaimer.

12.40.100    Delinquent payments – Enforcement procedures.

12.40.105    Billing and collection procedures.

12.40.020 Charge system established – Charges imposed.

A storm water system service charge shall be imposed by the city of Oak Harbor on all real property located within Oak Harbor city limits and the owners thereof, except those granted exemption as listed in OHMC 12.40.030. A system and structure of storm water system service charges are hereby established in accordance with the provisions of this chapter. (Ord. 1602 § 2, 2011; Ord. 1582 § 1, 2010; Ord. 1084 § 3, 1997).

12.40.025 Criteria established.

The council finds that the existence of hard surfaces on real property within the city limits contributes to and burdens the city’s storm water drainage system. The council further finds that the amount of hard surfaces, as reasonably determined for a class or parcel of property, shall be the basis for the imposition of a storm water system service charge. (Ord. 1784 § 31, 2016; Ord. 1602 § 2, 2011; Ord. 1582 § 1, 2010).

12.40.030 Storm water system service charges – Schedule – Exemptions.

(1) A storm water system service charge is imposed on every parcel within the city and the owner(s) thereof, except for the following exempted property(ies):

(a) City streets, it being expressly found that all such city streets, roads, alleys and rights-of-way collect and transport storm and surface water from multiple individual properties and that the value of such collection and transport is equal to the reasonable charge therefor that would otherwise be charged by the city; and

(b) State of Washington highways, so long as the state of Washington shall agree to maintain, construct and improve all drainage facilities associated with state highways as required by the utility in conformance with all utility standards for maintenance, construction and improvement hereafter established by the utility and so far as such maintenance, construction and improvements shall be achieved at no cost to the utility or to the city; and

(c) All other streets, so long as such streets provide drainage services in the same manner as city streets and the owner(s) shall agree to maintain, construct and improve all drainage facilities associated with such streets as required by the utility in conformance with all utility standards for maintenance, construction and improvement thereafter established by the utility and so far as such maintenance, construction and improvements shall be achieved at no cost to the utility or to the city; and

(d) Undeveloped parcels.

(2) The storm water system service charge established herein shall be based upon the hard surfaces on a parcel. Single-family residential parcels are grouped together in one rate category based on an estimated citywide average contribution of storm water runoff from single-family residential parcels. The amount of contribution for other properties is measured by the estimated square footage of hard surface area on the parcel.

(3) Storm water system service charge rate categories shall be as follows:

(a) Single-Family Residential Rates. The single-family residential flat charge shall be based upon the average parcel size and average percentage of hard surfaces on single-family residential parcels in the city limits. The average hard surface area attributable to a single-family residence shall be 3,300 square feet.

(b) All other properties shall pay a rate based on the amount of hard surface area to be calculated by multiplying the rate for single-family residential properties by a quotient derived from dividing the total number of square feet of hard surface area by 3,300. The quotient shall be rounded to the nearest tenth.

(c) For condominiums, the drainage service charge shall be based on the amount of hard surface of the entire parcel; provided, that all of the units in the condominium are served by a single meter. Each condominium unit shall be responsible for an equal proportional amount of the total hard surface on the parcel served by its assigned meter. In the event that a condominium is served by multiple meters, each meter shall be assigned a proportional amount of the total hard surface based on land use code, site visits, and other information to estimate the measurement of impervious area.

(4) Each bill shall be rounded up to the nearest even number of cents. (Ord. 1784 § 32, 2016; Ord. 1602 § 2, 2011; Ord. 1582 § 1, 2010; Ord. 1530 § 1, 2008; Ord. 1494 § 1, 2007; Ord. 1453 § 1, 2006; Ord. 1419 § 1, 2005; Ord. 1293 § 1, 2001; Ord. 1239 § 1, 2000; Ord. 1202 § 1, 1999; Ord. 1193 § 1, 1999; Ord. 1128 § 2, 1998; Ord. 1123, 1998; Ord. 1084 § 4, 1997).

12.40.040 Storm water system service charges – Adjustments.

(1) Any person receiving a storm water system service charge may apply in writing to the utility for a bill adjustment so long as the billing is paid. Filing such a request does not extend the period for payment of the charge. Requests for adjustments on delinquent accounts will not be acted upon until paid in full prior to decision.

(2) A request for a bill adjustment may be based on one or more of the following:

(a) The area of the parcel is incorrect;

(b) The property is not assigned the proper rate category;

(c) The amount of impervious surface on a non-single-family residential parcel is incorrect;

(d) The parcel is exempt under the provisions of OHMC 12.40.030;

(e) The parcel is wholly or partially outside the Oak Harbor city limits; or

(f) The storm water system service charge is otherwise erroneous in applying the terms of this chapter.

(3) Applications for adjustments may be made to the utility and shall be decided by the administrator for the utility or administrator’s designee. The burden of proof shall be on the applicant to show that the rate adjustment sought should be granted. All decisions of the utility shall be final.

(4) Applications for rate adjustment must be filed within one year of the billing date. To receive credit in the current billing year, however, applications for rate adjustment must be made no more than 90 days after the initial billing date for that year. Applications received after 90 days of the billing date shall be effective for subsequent years only.

(5) If the utility grants an adjustment which reduces the charge for the current year, the applicant shall receive an adjusted bill or be refunded the amount overpaid. If the utility determines that an adjustment should be made which increases the charge due for the current year, the applicant shall receive a supplemental bill that will be due within 45 days of the date of issue. Applicants for rate adjustments shall be notified in writing of the utility’s decision.

(6) Decisions of the administrator on requests for rate adjustments shall be final unless, within 30 days of the date the decision was mailed, the applicant files a petition for a writ of certiorari in the superior court with jurisdiction. (Ord. 1602 § 2, 2011; Ord. 1582 § 1, 2010; Ord. 1084 § 5, 1997).

12.40.050 Billing.

Billing shall be completed by the finance department on a monthly basis as determined to be appropriate by the finance director. (Ord. 1602 § 2, 2011; Ord. 1582 § 1, 2010; Ord. 1084 § 6, 1997).

12.40.060 Assessment for charges.

All parcels subject to a storm water system service charge shall be billed based upon the rate category and acreage applicable to each such parcel as of November 1st of the year prior to the billing year. The administrator shall provide to the finance department by that date changes to the listing of parcels and estimated billings for the changes to be applied for the next year starting January 1st. (Ord. 1602 § 2, 2011; Ord. 1582 § 1, 2010; Ord. 1348 § 19, 2003; Ord. 1084 § 7, 1997).

12.40.065 Rainwater harvesting rate reduction.

Pursuant to RCW 35.67.020(3), the storm water system charge imposed pursuant to this chapter shall be reduced by 10 percent for any new or remodeled commercial building that utilizes a permissive rainwater harvesting system which is properly sized to utilize the available roof surface of the building. Any customer seeking such a rainwater harvesting rate reduction shall have the burden of establishing that there is a qualified rainwater harvesting system and shall present such evidence by application to the administrator. (Ord. 1602 § 2, 2011; Ord. 1582 § 1, 2010).

12.40.070 Storm water system fund.

There is hereby created a storm water system fund which is to be used in the operation of the drainage utility. All storm water system service charges shall be deposited in this fund, to be used only for the purpose of paying all or any part of the cost and expense of providing storm water system services, or to pay or secure the payment of all or any portion of any issue of general obligation or revenue bond issued for such purpose. The storm water system service charge rates shall be established by ordinance. (Ord. 1602 § 2, 2011; Ord. 1582 § 1, 2010; Ord. 1084 § 8, 1997).

12.40.075 Storm water system service charges – Sufficiency.

The storm water system service charges, inspection and permit fees, application and connection fees, and such other fees and charges as are provided for the support of the storm water system shall be necessary and sufficient in the opinion of the city council to pay for the following:

(1) The costs associated with the development, adoption and implementation of a comprehensive storm drainage utility master plan;

(2) The costs, including debt service and related financing expenses, of the construction and reconstruction of storm drainage and water quality facilities necessary and required for the management of storm and surface waters that benefit the service area;

(3) The operation, repair, maintenance, improvement, replacement and reconstruction of storm drainage facilities that benefit the service area;

(4) The purchase of a fee or lesser interest, including easements, in land which may be necessary for the storm drainage system in the service area including, but not limited to, land necessary for the installation and construction of storm drainage facilities and all other facilities which are reasonably required for proper and adequate management of storm water for the benefit of the service area; and

(5) The costs of monitoring, inspection, enforcement, and administration of the utility including, but not limited to, water quality surveillance, private maintenance inspection, construction inspection, and other activities which are reasonably required for the proper and adequate implementation of the city’s storm and surface water policies.

The fees and charges to be paid and collected pursuant hereto shall not be used for general or other governmental or proprietary purposes of the city except to pay for the equitable share of the costs of accounting, management, and government thereof incurred on behalf of the utility. (Ord. 1602 § 2, 2011; Ord. 1582 § 1, 2010).

12.40.080 Revenue disposition and expenditure conditions.

All moneys obtained pursuant to this chapter shall be credited and deposited in the storm water system fund. Moneys deposited in the storm water system fund from storm water system service charges shall be expended for administering, operating, maintaining, or improving the drainage system, including all or any part of the cost of planning, designing, acquiring, constructing, repairing, replacing, improving, regulating, educating the public, or operating present or future drainage facilities owned by the utility, or to pay or secure the payment of all or any portion of any debt issued for such purpose and the related reserve and coverage requirements. Moneys shall not be transferred to any other funds of the city except to pay for expenses attributable to the system. (Ord. 1602 § 2, 2011; Ord. 1582 § 1, 2010; Ord. 1084 § 9, 1997).

12.40.085 Annual review of rates.

The city council should review the storm water system service charges annually to ensure the rates charged are sufficient to cover the operational and capital costs of the storm water drainage system. The rates shall be set by ordinance. (Ord. 1899 § 4, 2020; Ord. 1602 § 2, 2011; Ord. 1582 § 1, 2010).

12.40.090 Liability disclaimer.

Floods from storm water runoff may occasionally occur which exceed the capacity of drainage facilities constructed and maintained by funds made available under this chapter. This chapter does not imply that property liable for the drainage service charge established herein will always be free from storm water flooding or flood damage. The establishment of this utility does not purport to reduce the need or the necessity for the owner obtaining flood insurance.

This chapter shall be administered and enforced for the benefit of the health, safety and welfare of the general public, and not for the benefit of any particular person or class of persons.

No provision of or any term used in this chapter is intended to impose any duty upon the city or any of its officers or employees which would subject them to damages in a civil action. (Ord. 1602 § 2, 2011; Ord. 1582 § 1, 2010; Ord. 1084 § 10, 1997).

12.40.100 Delinquent payments – Enforcement procedures.

(1) Storm water system service charges or any part thereof which become delinquent shall bear interest as provided in RCW 35.67.200 at the rate of eight percent per year, or such rate as may hereafter be authorized by law, computed on a monthly basis from the date of delinquency until paid.

(2) The city shall have a lien for all delinquent and unpaid storm water system service charges, including interest thereon, against any parcel for which the storm water system service charges are delinquent as provided by RCW 35.67.200. The lien shall have superiority as established by RCW 35.67.200 and shall be foreclosed in the manner provided in RCW 35.67.210 through 35.67.290. In the case of foreclosure actions to collect delinquencies, the city shall seek also to collect reimbursement of reasonable costs of collection including, but not limited to, attorney’s fees, staff time, and filing fees.

(3) The city shall have the authority to enforce its lien by cutting off and refusing water service to the premises to which such storm water sewer services were furnished after the charges become delinquent and unpaid, until the charges are paid, as provided in RCW 35.67.290. (Ord. 1602 § 2, 2011; Ord. 1582 § 1, 2010; Ord. 1084 § 11, 1997).

12.40.105 Billing and collection procedures.

Billing and collection procedures for the utility shall be as provided in this title and OHMC Title 3 and under state law as now in effect or hereafter amended. (Ord. 1602 § 2, 2011; Ord. 1582 § 1, 2010; Ord. 1348 § 20, 2003).


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Code reviser’s note: Section 2 of Ord. 1582, effective December 20, 2010, provides, “The City Council directs that the special rate established for “churches,” “charitable organizations” and “schools” pursuant to former OHMC 12.40.030(3)(c) (enacted in Ordinance No. 1084 adopted in 1997) shall be phased out over a five-year period, beginning on the effective date of this Ordinance. This five-year period shall be for the purpose of providing those churches, charitable organizations and schools receiving the discounted special rate as of the effective date of this Ordinance with a transition period to adjust their budgets to the same rate classification as all other non-single family residential users. The special rate shall not be extended to churches, charitable organizations and schools establishing new service after the effective date of this Ordinance.”