Article IV. Stormwater

Chapter 13.31
STORMWATER UTILITY SERVICE – GENERAL PROVISIONS

Sections:

13.31.010    Purpose.

13.31.020    Utility established.

13.31.030    Plan adopted.

13.31.040    Transfer of property.

13.31.050    Budget.

13.31.060    Inspections – Right of entry.

13.31.070    Unlawful acts defined.

13.31.080    Violations – Penalties – Chapter 1.20 PTMC applicable.

13.31.010 Purpose.

A. The purpose of Chapters 13.31 and 13.32 PTMC (hereinafter this “stormwater code”) is to promote sound development policies and construction procedures which respect and preserve the city’s watercourses; to minimize water quality degradation and control of sedimentation of creeks, streams, ponds, lakes and other water bodies; to protect property owners adjacent to developing and developed land from increased runoff rates which could cause erosion of abutting property; to protect downstream owners; to preserve and enhance the suitability of waters for contact recreation and fishing; to preserve and enhance the aesthetic quality of the waters; to maintain and protect valuable groundwater resources; to minimize adverse effects of alterations in groundwater quantities, locations, and flow patterns; to ensure the safety of city roads and rights‑of‑way; and to decrease drainage‑related damage to public and private property. In furtherance of this purpose, the following design standards, rates and regulations are established for service, extension and management of the city’s stormwater system.

B. Chapter 13.01 PTMC contains definitions and provisions related to engineering design standards manual, administration and enforcement, compliance with federal, state and local requirements, permit requirements, inspection requirements, performance bond requirements, appeals, waivers and variances which are considered part of this stormwater code. (Ord. 2579 § 1, 1997).

13.31.020 Utility established.

There is created and established a storm and surface water utility. The utility shall be administered under the direction of the mayor or designee. (Ord. 2579 § 1, 1997; Ord. 2053 § 1, 1986).

13.31.030 Plan adopted.

The original system or plan of the storm and surface water utility shall be as set forth in the comprehensive drainage plan, dated October, 1986, as adopted or amended and incorporated in this chapter as if set forth in full. (Ord. 2579 § 1, 1997; Ord. 2053 § 1, 1986).

13.31.040 Transfer of property.

All properties, property rights and interests of every kind or nature owned or held by the city, however acquired, insofar as they relate to or concern storm or surface water storage are transferred to the storm and surface water utility, including by way of example and not limitation all properties, rights and interests acquired by adverse possession or by prescription in and to the drainage and storage of storm or surface waters over and under lands, watercourses, streams, ponds, and sloughs to the full extent of inundation caused by the largest storm or flood condition. (Ord. 2579 § 1, 1997; Ord. 2053 § 1, 1986).

13.31.050 Budget.

The city shall establish by ordinance the budget for the storm and surface water utility as required by state law. The city may adopt such user fee and other charges as may be deemed necessary to provide the revenues required by the adopted budget. (Ord. 2579 § 1, 1997; Ord. 2053 § 1, 1986).

13.31.060 Inspections – Right of entry.

Any person with an existing service connection or applying for a service connection to the city’s stormwater system shall be deemed to have freely and voluntarily consented to entry by authorized city employees with proper identification, at reasonable hours of the day and upon advance notice to the occupant, onto all parts of the premises or within buildings for the purpose of inspecting the stormwater system construction and/or checking conformity to these regulations and the engineering design standards manual. All other right of entry by city employees shall be governed by the procedures of Chapter 1.20 PTMC. (Ord. 2952 § 1, 2008; Ord. 2579 § 1, 1997).

13.31.070 Unlawful acts defined.

A. Any person causing damage to any property belonging to the city shall be liable for any and all damages resulting either directly or indirectly therefrom.

B. It is unlawful for any person to willfully disturb, break, deface, damage or trespass upon any property belonging to or connected with the stormwater system of the city, in any manner whatsoever.

C. It is unlawful for any person to refuse or fail to comply with any provision of this stormwater code or the engineering design standards manual.

D. Director’s Authority – Chapter 1.20 PTMC Made Applicable. The public works director is authorized to enforce the provisions of this chapter. All violations of this chapter are made subject to all the provisions of Chapter 1.20 PTMC, and the director is authorized to order correction and discontinuance of any violative condition of the provisions of this chapter under the procedures of Chapter 1.20 PTMC, which provides for suspension and revocation of permits, voluntary correction orders, notice and orders to correct the violation, abatement orders, stop work and emergency orders, and assessment of civil and/or criminal penalties.

E. Immediate Stay Orders. Pending commencement and completion of the voluntary correction and/or notice and order procedures of Chapter 1.20 PTMC, the director may order the immediate cessation of any activity causing the violative condition by notice in writing served on or mailed to the person(s) engaged in or causing such condition. Such order shall not be affected by any right of appeal afforded by this or any other code provision.

F. Additional Authority. The public works or DSD director may list the provisions of any permit under this chapter as a condition of any approved building or other permit. In addition to the enforcement provisions of this chapter, the condition may be enforced as part of the building or other permit.

G. Public Nuisance. All violations of this chapter and the engineering design standards which are determined by the director to be detrimental to the public health, safety and welfare are public nuisances and shall be subject to the provisions of this chapter and shall be corrected by any reasonable and lawful means, as provided in Chapter 1.20 PTMC. (Ord. 2952 § 1, 2008; Ord. 2892 § 1, 2005; Ord. 2686 § 1, 1999; Ord. 2579 § 1, 1997).

13.31.080 Violations – Penalties – Chapter 1.20 PTMC applicable.

A. Director’s Authority. Whenever the public works director or his or her designee (“director”) determines that a condition exists in violation of this chapter or any standard required to be adhered to by this chapter, or in violation of any permit issued hereunder, he or she is authorized to enforce the provisions of this chapter.

B. Chapter 1.20 PTMC Applicable. All violations of any provision of this chapter or incorporated standards, or of any permit or license issued hereunder, are declared nuisances and made subject to the administration and enforcement provisions of Chapter 1.20 PTMC, including any amendments, and including but not limited to abatement, criminal penalty, and civil penalty as set forth in Chapter 1.20 PTMC, which are incorporated by reference as if set forth herein. (Ord. 2952 § 3, 2008; Ord. 2579 § 1, 1997).