Chapter 13.20
STORM AND SURFACE WATER RATES AND CHARGES

Sections:

13.20.010  Definitions.

13.20.020  Rates and charges.

13.20.030  Exclusion of certain properties from storm and surface water charges.

13.20.040  Reduction or cancellation of rates.

13.20.041  Reduction in storm and surface water charges for low-income customers.

13.20.050  Billing.

13.20.010  Definitions.

For the purpose of this chapter, the following words shall be defined as follows:

A. "City" means the City of Ocean Shores, Washington, a duly organized noncharter code city.

B. "Lot" means a lot as platted or created by subsequent division of a lot or parcel, or an equivalent lot as depicted by the city engineers on the utility lot designation maps of the city on file in the office of the city clerk/treasurer; provided, however, that in cases where a single-family residential structure physically occupies parts of two lots, such lots shall not be deemed to be one lot for the purpose of this chapter.

C. "System" means that storm and surface water system, including all impacted fresh waterways, specified and adopted in Section 13.16.030, together with all additions thereto and betterments and extensions thereof hereafter made.

(Ord. 576 § 2, 1995; Ord. 550 § 1, 1993: Ord. 358 § 4, 1983; Ord. 305 § 1, 1980; Ord. 301 § 1, 1980)

13.20.020  Rates and charges.

A. Effective on and after October 1, 2002, the rates and charges for use of the stormwater system shall be $0.0003250 per square foot per month for owners of all land within the ordinary high-tide line.

B. The penalty for delinquency, if storm and surface water charges are not paid within twenty days from the date of the billing, shall be imposed in accordance with Section 13.06.350.

(Ord. 743 § 4, 2002: Ord. 740 § 3.1, 2002: Ord. 725 § 3, 2001: Ord. 705 § 3, 2000: Ord. 675 § 4, 2000: Ord. 666 § 3, 1999: Ord. 576 § 3, 1995: Ord. 550 § 2, 1993: Ord. 519 § 1, 1991; Ord. 305 § 2, 1980: Ord. 301 § 2, 1980)

13.20.030  Exclusion of certain properties from storm and surface water charges.

Storm and surface water charges shall not include any rate or charge applicable to any city street, road, alley or right-of-way, the storm and surface water drainage function of which has been transferred to and made part of the system by Section 13.16.040, it being expressly found and determined by the city council that all such city streets, roads, alleys and rights-of-way provide storm and surface water sewerage to the city by collecting and transporting storm and surface water from multiple individual properties to the system of a value equal to the reasonable charge therefor that would otherwise be charged by the city. (Ord. 550 § 3, 1993: Ord. 301 § 3, 1980)

13.20.040  Reduction or cancellation of rates.

A. The city manager or his designate may, but shall not be required to, determine that the use by the city of a storm and surface water drainage or collection system on or at a specific lot for the benefit of the system shall be grounds for reducing or canceling storm and surface water charges to be levied, except that collection from a single premises and concentrating the flow shall not constitute such grounds.

B. The city manager or his designate shall not be required to reduce and/or cancel any residential storm and surface water rates and charges after property owners have taken steps to divide these previously platted residential lots into smaller parcels. Provided however, that this is not applicable to equivalent lots as depicted by the city engineers on the utility lot designation maps of the city on file in the office of the city clerk/treasurer.

(Ord. 550 § 4, 1993: Ord. 301 § 4, 1980)

13.20.041  Reduction in storm and surface water charges for low-income customers.

A. Residential customers whose qualifying income is at or below one hundred twenty five percent of the currently available national poverty guideline as established by the U.S. Department of Health and Human Services will be entitled to a reduction of the storm and surface water rates and charges established in Section 13.20.020(A).

B. Qualifying income shall be the total adjusted gross income (AGI) of all people living in the residence for the calendar year immediately preceding the year the reduction is applied for.

C. For those residential customers who qualify under the provisions of subsection (A) and (B) of this section, the storm and surface water charges established in Section 13.20.020(A) shall be fixed at the rate of one-half of the amount established in Section 13.20.020(A).

D. Such a reduction in water rates and charges shall take effect on the first day of the month following the receipt of a written request from the residential customers together with copies of their Internal Revenue Tax Forms as detailed in subsection (B) of this section.

E. An approved application for reduction in storm and surface water rates and charges under the provisions of this section shall be valid for a term of twelve months. No sooner than thirty days before, nor later than thirty days after the expiration of that term, the residential customer may reapply for an additional twelve-month term. The process for the submission, review and approval of that renewal shall be the same as for the initial application.

F. The reduction in rates contemplated under this section shall only be available to non-commercial customers.

(Ord. 773 § 2, 2004; Ord. 733 § 3, 2002)

13.20.050  Billing.

A. The city shall bill for storm and surface water sewerage to each and every lot except such as may be excluded in Section 13.20.030.

B. Owners of lots which are contiguous and have a single land use designation may receive a single cumulative bill for storm and surface water sewerage charges for all such lots. Persons responsible for paying bills or other city utility charges shall be the recipients of the statements for storm and surface water sewerage charges. The owner or other such responsible party may request that storm and surface water sewerage charges be billed to another party by applying in writing in form and content approved by the city manager. Such request, designation and billing to such other person shall not release any owner or other person responsible for payment of city storm and surface water sewerage charges or release any lot from the lien for such delinquent charges, including interest at the rate of twelve percent per year from the date of delinquency, costs and fees allowed by law.

(Ord. 339 § 2, 1982: Ord. 305 § 3, 1980: Ord. 301 § 5, 1980)