Chapter 12.10
SURFACE AND STORMWATER MANAGEMENT

Sections:

12.10.010    King County Surface Water Design Manual adopted by reference.

12.10.015    Definitions.

12.10.020    Copy on file.

12.10.030    Repealed.

12.10.040    Repealed.

12.10.050    Repealed.

12.10.060    Repealed.

12.10.070    Repealed.

12.10.075    Site planning and design.

12.10.080    Critical drainage areas.

12.10.090    Repealed.

12.10.100    Procedures and conditions related to construction timing and final approval.

12.10.110    Bonds and liability insurance required.

12.10.120    Stormwater facilities restoration and site stabilization bond.

12.10.130    Defect and maintenance bond.

12.10.140    Failure to complete proposed work.

12.10.150    Liability policy.

12.10.160    Maintenance of retention/detention facilities.

12.10.165    Contracts for cleaning.

12.10.170    Construction site hazards.

12.10.180    Administration.

12.10.190    Applicability to governmental entities.

12.10.200    Enforcement.

12.10.210    Appointment of surface water management authority.

12.10.215    Appointment of King County as collecting and disbursing agent.

12.10.220    Surface water management program.

12.10.225    Rate structure.

12.10.227    Rate adjustments and appeals.

12.10.230    Delinquencies and foreclosures.

12.10.240    Additional use of revenues.

12.10.010 King County Surface Water Design Manual adopted by reference.

The 2021 King County Surface Water Design Manual (KCSWDM) and the City of SeaTac Addendum to the KCSWDM are hereby adopted by reference. They are collectively referred to in this title as the Surface Water Design Manual (SWDM). The above stormwater standards are adopted in compliance with the 2019 Western Washington (NPDES) Phase II Municipal Stormwater Permit. Where more than one (1) part of the code applies to the same aspect of a proposed use or development, the requirements of the 2021 SWDM shall apply. (Ord. 22-1006 § 1; Ord. 16-1021 § 1 (Appx. A) (part): Ord. 16-1006 § 1: Ord. 09-1042 § 1: Ord. 05-1012 § 1: Ord. 98-1054 § 1: Ord. 90-1046 § 1)

12.10.015 Definitions.

A. “Best management practice (BMP)” means any schedule of activities, prohibition of practices, maintenance procedures, or structural and/or managerial practices that, when used singly or in combination, prevents or reduces the release of pollutants and other adverse impacts to surface water, stormwater and groundwater, while minimizing the potential for flooding, soil creep and soil instability.

B. “Low impact development (LID)” means a stormwater and land use management strategy that strives to mimic natural hydrologic processes of infiltration, filtration, storage, evaporation and transpiration by emphasizing conservation, use of on-site natural features, site planning, and distributed stormwater management practices that are integrated into a project design, while also minimizing the potential for off-site flooding and soil instability.

C. “Low impact development (LID) best management practices (BMP)” means distributed stormwater management practices, integrated into a project design, that emphasize natural hydrologic processes of infiltration, filtration, storage, evaporation and transpiration, while protecting against off-site flooding and soil instability. LID BMPs include, but are not limited to, bioretention, permeable pavement, cast in place pavers, limited infiltration systems, roof downspout controls, dispersion, soil amendments, and minimal excavation foundations.

D. “Low impact development (LID) principles” means land use management strategies that emphasize conservation, use of on-site natural features, and site planning to utilize infiltration and native vegetation to minimize stormwater runoff, while protecting against remote area flooding and soil instability.

E. “Stormwater facilities” means drainage facilities or features used to meet water quality treatment and/or flow control requirements by utilizing processes such as infiltration, dispersion, storage, conveyance, evaporation, and transpiration.

F. “Surface Water Design Manual” means the King County Surface Water Design Manual (KCSWDM), as amended by the City of SeaTac Addendum to the KCSWDM adopted in SMC 12.10.010. (Ord. 16-1021 § 1 (Appx. A) (part))

12.10.020 Copy on file.

At least one (1) copy of the adopted edition of the Surface Water Design Manual, and any amendments thereto, shall be on file in the office of the City Clerk. (Ord. 09-1042 § 2: Ord. 98-1054 § 2: Ord. 95-1012 § 1: Ord. 90-1046 § 2)

12.10.030 Drainage review – When required.

Repealed by Ord. 98-1054. (Ord. 97-1011 § 2: Ord. 95-1012 § 1: Ord. 90-1046 § 3)

12.10.040 Engineering plan – Contents.

Repealed by Ord. 98-1054. (Ord. 90-1046 § 4)

12.10.050 Drainage review – Core requirements.

Repealed by Ord. 98-1054. (Ord. 90-1046 § 5A)

12.10.060 Special requirements.

Repealed by Ord. 98-1054. (Ord. 95-1012 § 1: Ord. 90-1046 § 5B)

12.10.070 Variances from requirements.

Repealed by Ord. 98-1054. (Ord. 90-1046 § 5C)

12.10.075 Site planning and design.

The following site planning and design principles shall be applied where feasible: Site planning and design shall consider stormwater management, especially the design and integration of LID BMPs, as early as possible in the project planning phase; locate buildings away from soils that provide effective infiltration; site LID BMPs in areas with good infiltration capacity; reduce impervious surfaces and retain native vegetation. (Ord. 16-1021 § 1 (Appx. A) (part))

12.10.080 Critical drainage areas.

Development in areas where the Public Works Director has determined that the existing flooding, drainage, and/or erosion conditions present an imminent likelihood of harm to the welfare and safety of the surrounding community shall meet special drainage requirements set by the City Manager, or designee, until such time as the community hazard is alleviated. Such conditions may include the limitation of the volume of discharge from the subject property to predevelopment levels, preservation of wetlands or other natural drainage features, or other controls necessary to protect against community hazard. Where application of the provisions of this section will deny all reasonable uses of the property, the restriction of development contained in this section may be proposed for a variance; provided, that the resulting development shall be subject to all of the remaining terms and conditions of this chapter. (Ord. 95-1012 § 1: Ord. 90-1046 § 6)

12.10.090 Engineering plans – Procedures for submittal.

Repealed by Ord. 98-1054. (Ord. 90-1046 § 7)

12.10.100 Procedures and conditions related to construction timing and final approval.

A. No work related to permanent or temporary storm drainage control shall proceed without the approval of the City Manager, or designee.

B. Erosion/sedimentation control measures associated with both the interim and permanent drainage facilities shall be:

1. Constructed in accordance with the approved plan prior to any grading or land clearing other than that associated with the erosion/sedimentation control plan;

2. Satisfactorily maintained until all improvements, restoration, landscaping and other requirements of the Surface Water Design Manual are completed and the potential for on-site erosion has passed.

C. Prior to the construction of any improvements and/or buildings on the site, those portions of the stormwater facilities necessary to accommodate the control of surface and stormwater runoff discharge from the site must be constructed, approved, and functioning properly. Existing LID BMPs and proposed LID locations shall be protected throughout site construction to ensure that they are not compacted, damaged, or filled with sediments.

D. Subdivisions only: Recording may occur prior to the construction of drainage facilities when approved in writing by the City Manager, or designee, but only to minimize impacts that may result from construction during inappropriate times of the year. (Ord. 16-1021 § 1 (Appx. A) (part): Ord. 00-1015 § 1: Ord. 95-1012 § 1: Ord. 90-1046 § 8)

12.10.110 Bonds and liability insurance required.

The City Manager, or designee, is authorized to require all persons constructing stormwater flow control and/or treatment facilities to post bonds. Where such persons have previously posted, or are required to post, other bonds covering either the facility itself or other construction related to the facility, such person may, with the permission of the Public Works Director, or designee, and to the extent allowable by law, combine all such bonds into a single bond; provided, that at no time shall the amount thus bonded be less than the total amount which would have been required in the form of separate bonds; and provided further, that such bond shall on its face clearly delineate those separate bonds which it is intended to replace. (Ord. 16-1021 § 1 (Appx. A) (part): Ord. 95-1012 § 1: Ord. 90-1046 § 9 (intro.))

12.10.120 Stormwater facilities restoration and site stabilization bond.

Prior to commencing construction, the permittee shall post a stormwater facilities restoration and site stabilization bond (performance bond) in an amount sufficient to cover the cost of corrective work on or off the site which is necessary to provide adequate drainage, stabilize and restore disturbed areas, and remove sources of hazard associated with work which has been performed and is not completed. After determination by the Public Works Director, or designee, that all facilities are constructed in compliance with approved plans, the performance bond shall be released. The City may collect against the performance bond when work is not completed in reasonable fashion and is found to be in violation of the conditions of the Surface Water Design Manual. The Public Works Director, or designee, shall have discretion to determine whether the site is in violation of the requirements of this chapter, and whether the bond shall be collected to remedy the violation. Prior to final approval and release of the performance bond, the Public Works Director, or designee, shall conduct a comprehensive inspection for the purpose of observing that stormwater facilities have been constructed according to plan, applicable specifications and standards. (Ord. 16-1021 § 1 (Appx. A) (part): Ord. 00-1015 § 2: Ord. 95-1012 § 1: Ord. 90-1046 § 9A)

12.10.130 Defect and maintenance bond.

After completion and approval of the stormwater facility or prior to final plat approval, the permittee shall post a defect and maintenance bond (stormwater maintenance bond) warranting the satisfactory performance and maintenance of the stormwater facility and guaranteeing the workmanship and materials used in the construction of the facility. Commercial facilities shall be bonded for a minimum period of one (1) year. New residential developments must post the stormwater maintenance bond until ninety percent (90%) of the lots are constructed or when construction is stopped and the site is fully stabilized. The Public Works Director or designee shall not release the stormwater and maintenance bond until all inspection fees are paid. (Ord. 16-1021 § 1 (Appx. A) (part): Ord. 90-1046 § 9B)

12.10.140 Failure to complete proposed work.

In the event of failure to comply with all conditions and terms of the permit and/or approval required by this chapter, the City Manager, or designee, shall notify the permittee and surety in writing, and in the absence of an adequate response within seven (7) days from receipt of notification, may order the required work to be satisfactorily completed or may perform all necessary corrective work to stabilize and restore disturbed areas and eliminate hazards caused by the non-completion of work. The surety executing such bond shall continue to be firmly bound up to the limits of the bond, under a continuing obligation for the payment of all necessary costs and expenses that may be incurred or expended by the City in causing any and all such required work to be done. In no event shall the liability of the surety exceed the amount stated in the bond regardless of the number of years the bond remains in force. (Ord. 95-1012 § 1: Ord. 90-1046 § 9C)

12.10.150 Liability policy.

The person required to construct the facility pursuant to the Surface Water Design Manual shall maintain a liability insurance policy in an amount not less than five hundred thousand dollars ($500,000) per individual, five hundred thousand dollars ($500,000) per occurrence and one hundred thousand dollars ($100,000) property damage, which shall name the City as an additional insured, and which shall protect the City from any liability up to those amounts for any accident, negligence, failure of the facility, or any other liability whatsoever, relating to the construction or maintenance of the facility. Proof of said liability policy shall be provided to the Public Works Director prior to commencing construction of any drainage facility, provided that in the case of facilities assumed by the City for maintenance, pursuant to SMC 12.10.160, the said liability policy shall be terminated when the City actually assumes maintenance responsibility. (Ord. 00-1015 § 3: Ord. 90-1046 § 9D)

12.10.160 Maintenance of retention/detention facilities.

A drainage facility or retention/detention facility located within and servicing only an individual parcel shall not be accepted by the City for maintenance and will remain the responsibility of persons holding title to the property within which the facility is located.

Maintenance of all subdivision drainage facilities or retention/detention facilities shall remain the responsibility of the person required to construct the facilities until all conditions of this section have been met.

Only after all of the following conditions have been met shall the City assume maintenance of the subdivision retention/detention facility:

A. All of the requirements of SMC 12.10.110 through 12.10.150 have been fully met.

B. All necessary easements or tracts entitling the City to ingress and egress and to properly maintain the retention/detention facility have been conveyed to the City and boundary survey stakes established.

C. The Public Works Director or designee has conducted an inspection and determined that the facility has been properly maintained and is operating as designed. This inspection shall occur within two (2) years after posting of the stormwater maintenance bond. (Ord. 16-1021 § 1 (Appx. A) (part): Ord. 99-1042 § 1: Ord. 90-1046 § 10)

12.10.165 Contracts for cleaning.

Any person responsible for the maintenance of a drainage facility may apply to the Department of Public Works for cleaning services, at cost, by the City’s storm drain cleaning contractor. “Cleaning” is generally defined as the removal of trash, debris, and sediment from tanks, vaults, pipes, catch basins, control structures, flow restrictors, wetvaults, and oil/water separators requiring maintenance as set forth in Appendix A to the Surface Water Design Manual. (Ord. 99-1042 § 2)

12.10.170 Construction site hazards.

Whenever the Public Works Director determines that any existing construction site, erosion/sedimentation problem and/or drainage facility poses a hazard to life and limb, endangers any property and/or adversely affects the condition or capacity of other drainage facilities, the safety and operation of City rights-of-way, utilities and/or other property owned or maintained by the City, the person to whom the permit was issued pursuant to this chapter, the owner of the property within which the drainage facility is located, the person responsible for maintenance of the facility and/or other person or agent in control of said property, upon receipt of notice in writing from the Public Works Director shall within the period specified therein repair or otherwise address the cause of the hazardous situation in conformance with the requirements of this chapter.

Should the Public Works Director have reasonable cause to believe that the situation is so adverse as to preclude written notice, the Director may take immediate measures necessary to eliminate the hazardous situation; provided, that a reasonable effort shall be made to locate the owner before acting. In such instances, the person of whom a drainage plan was required pursuant to this chapter, the owner of the property and/or the person responsible for the maintenance of the facility, shall be obligated for the payment of all costs incurred. If costs are incurred and a bond pursuant to this chapter or other City requirement has been posted, the Public Works Director shall have the authority to collect against the bond to cover costs incurred. (Ord. 98-1054 § 4: Ord. 90-1046 § 11)

12.10.180 Administration.

The City Manager, or designee, is authorized to promulgate and adopt administrative rules and regulations for the purpose of implementing and enforcing the provisions of this chapter.

A. Inspections. The City Manager, or designee, is authorized to make such inspections and take such actions as may be required to enforce the provisions of this chapter.

B. Right of Entry. Whenever necessary to make an inspection to enforce any of the provisions of this chapter, or whenever the City Manager, or designee, has reasonable cause to believe that violations of this chapter are present or operating on a subject property or portion thereof, the City Manager, or designee, may enter such premises at all reasonable times to inspect the same or perform any duty imposed upon the City Manager, or designee, by this chapter; provided, that if such premises or portion thereof is occupied, the Director shall first make a reasonable effort to locate the owner or other person having charge or control of the premises or portion thereof and demand entry.

C. Access. Proper ingress and egress shall be provided to the City Manager, or designee, to inspect or perform any duty imposed upon the City Manager, or designee, by this chapter. The City Manager, or designee, shall notify the responsible party in writing of failure to comply with the said access requirement. In the absence of an adequate response within seven (7) days from the receipt of notification, the City Manager, or designee, may order the work required completed or otherwise address the cause of improper access. The obligation for the payment of all costs that may be incurred or expended by the City in obtaining access or causing such work to be done shall be imposed on the person holding title to the subject property. (Ord. 95-1012 § 1: Ord. 90-1046 § 12)

12.10.190 Applicability to governmental entities.

All municipal corporations and governmental entities shall be required to submit a drainage plan and comply with the terms of this chapter when developing and/or improving land within the City, including, but not limited to, road building and widening, with the exception of drainage projects involving the City. (Ord. 90-1046 § 13)

12.10.200 Enforcement.

All provisions of this chapter, now existing or as may subsequently be amended, any amendatory ordinances, any resolutions pertaining thereto, and any rules and regulations promulgated thereunder, shall be enforced pursuant to Chapter 1.15 SMC, as now existing or as the same may subsequently be amended. (Ord. 01-1006 § 7: Ord. 90-1074 § 1)

12.10.210 Appointment of surface water management authority.

The City’s Department of Public Works is designated as the City’s agent for providing drainage and surface water management services under the surface water management program to the residents and property owners of the City. (Ord. 98-1054 § 5: Ord. 92-1004 § 1: Ord. 90-1016 § 1)

12.10.215 Appointment of King County as collecting and disbursing agent.

Pursuant to interlocal agreement, King County and its Surface Water Management Division and its Office of Financial Management are designated as the City’s agents for the purpose of collecting surface water service charges from City property owners and disbursing funds to the City, and also to provide surface water management technical support services. A copy of the interlocal agreement shall be available in the office of the City Clerk for use and examination by the public. (Ord. 92-1004 § 2)

12.10.220 Surface water management program.

A. There is hereby created and established a Surface Water Utility and surface water management program, implementation of which shall be governed by the Surface Water Design Manual adopted pursuant to SMC 12.10.010.

B. The surface water management program is necessary in order to promote public health, safety and welfare by establishing and operating a comprehensive approach to surface and storm water problems which would reduce flooding, erosion and sedimentation, prevent and mitigate habitat loss, enhance groundwater recharge and prevent water quality degradation. This comprehensive approach includes the following elements: basin and subbasin planning, land use regulation, construction of facilities, maintenance, public education, and provision of surface water management services. The most cost effective and beneficial approach to surface water management is through preventative actions and protection of the natural drainage system. In approaching surface water problems the surface water management program shall give priority to methods which provide protection or enhancement of the natural surface water drainage system, such as LID BMPs and principles which promote infiltration and dispersion, over methods which primarily involve construction of traditional drainage facilities or systems, such as detention pipes, vaults, and ponds. The purpose of the rates and charges established at SMC 12.10.225 is to provide a method for payment of all or any part of the cost and expense of surface water management services or to pay or secure the payment of all or any portion of any issue of general obligation or revenue bonds issued for such services and facilities. These rates and charges are necessary in order to promote the public health, safety and welfare by minimizing uncontrolled surface and storm water, erosion, and water pollution; to preserve and utilize the many values of the City’s natural drainage system including water quality, open space, fish and wildlife habitat, recreation, education, urban separation and drainage facilities; and to provide for the comprehensive management and administration of surface water.

C. The following sections of Chapter 9.08 King County Code as now in effect, and as may be subsequently amended, are adopted by reference, except that, unless the context indicates otherwise, the word “County” and the words “King County” shall refer to the City, and references to County codes shall be deemed references to the Surface Water Design Manual or Municipal Code, as applicable:

9.08.060(B) through (L) and (N) through (Q)

Policy.

9.08.090

Billing procedure.

(Ord. 16-1021 § 1 (Appx. A) (part): Ord. 99-1042 § 3: Ord. 93-1045 § 1: Ord. 92-1007 § 1: Ord. 92-1004 § 3: Ord. 90-1016 § 2)

12.10.225 Rate structure.

A. Surface water management service charges shall be based on the relative contribution of increased surface and storm water runoff from a given parcel to the surface and storm water management system, a pro rata share of City-wide surface water management services, and the policy considerations adopted at SMC 12.10.220. The percentage of impervious surfaces on the parcel and the total parcel acreage will be used to indicate the relative contribution of increased surface and storm water runoff from the parcel to the surface and storm water management system. The relative contribution of increased surface and storm water runoff from each parcel determines that parcel’s share of the program’s revenue needs. The service charge revenue needs of the program are based upon all or any part, as determined by the Council with advice of the Department of Public Works, of the cost and expense within the service area of maintaining and operating surface water control facilities, all or any part of the cost and expense of planning, designing, establishing, acquiring, developing, constructing, and improving any of such facilities, or to pay or secure the payment of all or any portion of any issue of general obligation or revenue bonds issued for such purpose.

B. The Department of Public Works shall determine the service charge for each parcel within the service area by the following methodology: Residential parcels shall receive a flat rate. Parcels shall be classified into the appropriate rate category in subsection C of this section by their percentage of impervious surface coverage. Land use codes and data collected from parcel investigations will be used to determine each parcel’s percentage of impervious surface coverage. After a parcel has been assigned to the appropriate rate category, the service charge for the parcel will be calculated by multiplying the total acreage of the parcel times the rate of that category.

C. There is imposed upon all developed properties in the service area annual service charges as identified below effective January 1, 2014, and increased thereafter by 34.65 per-

cent (34.65%) on January 1, 2015, 4.88 percent (4.88%) on January 1, 2017, and 6.55 percent (6.55%) on January 1, 2018:

Impervious Surface

Class

Percentage

Rate

Residential (R) *

NA

$99.63/parcel/year

Very Light (VL)

0 – 10%

$59.56/acre/year

Light (L)

10 – 20%

$202.75/acre/year

Moderate (M) **

20 – 45%

$419.93/acre/year

Moderately Heavy (MH) **

45 – 65%

$810.98/acre/year

Heavy (H) **

65 – 85%

$1,028.74/acre/year

Very Heavy (VH) **

85 – 100%

$1,347.62/acre/year

City Roads, State Highways

NA

***

* The charge for a residential parcel which is owned by and is the personal residence of a person or persons determined by the King County Assessor as qualified for a low income senior citizen rate adjustment or a low income disabled citizen rate adjustment pursuant to RCW 84.36.381, or as the same may hereafter be amended, shall be 36.1 percent (36.1%) of the residential rate set forth above.

** The minimum service charge for parcels within the VL class shall be equivalent to the charge for one (1) acre in the VL class, and the minimum service charge for parcels within the L, M, MH, H, and VH classes shall be equivalent to the residential rate.

*** The rate charged to the City of SeaTac for roads shall be 26.3 percent (26.3%) of the rate for comparable developed parcels. The rate charged to the Washington State Department of Transportation for public highways, roads and rights-of-way will be determined in accordance with RCW 90.03.525.

D. The rate charged mobile home parks shall be seventy-five percent (75%) of the residential rate multiplied by the total number of spaces available for rent or lease.

E. Nonresidential parcels upon which are located one (1) or more retention/detention/infiltration facility, or equivalent, designed, engineered, and maintained to the standards of the Surface Water Design Manual shall be entitled, upon application, to a rebate equal to twenty-five percent (25%) of the surface water management fee which would be applicable to the acreage served by each facility multiplied by the surface water management fee applicable to that acreage. Application for rebates shall be submitted prior to October 31st of each year in which a rebate is requested. Applications shall include documentation that the retention/detention facility, or equivalent, has been maintained in accordance with the requirements of Appendix A of the Surface Water Design Manual. If all maintenance has been performed as required by the said Appendix A, the rebate will be forwarded to the applicant prior to December 1st of the said year; provided, that the annual surface water management fee applicable to that year has been paid in full.

F. Nonresidential parcels containing designed and engineered infiltration facilities which can demonstrate one hundred percent (100%) infiltration of the required storm events (e.g., fifty percent (50%) of the two (2) year through one hundred percent (100%) of the fifty (50) year) for the entire parcel and can demonstrate maintenance to standards as identified in subsection E of this section shall be entitled, upon application, to an additional rebate equal to twenty percent (20%) of the surface water management fee for said parcel. Application for rebates shall be submitted prior to October 31st of each year in which a rebate is requested. Applications shall include documentation that the infiltration facilities, or equivalent, are infiltrating at the required design rate. Once said documentation is provided and confirmed, the rebate will be forwarded to the applicant prior to December 1st of the said year; provided, that the annual surface water management fee applicable to that year has been paid in full.

G. Parcels owned by a public school district shall be exempt from surface water management charges, pursuant to Section 9.08.060(B) of the King County Code.

H. The City Council, by ordinance, may supplement or alter charges within specific basins or subbasins of the service area so as to charge properties or parcels of one (1) basin or subbasin for improvements, studies, or maintenance which the Council deems to provide service or benefit the property owners of one (1) or more basin(s) or subbasin(s). (Ord. 14-1021 § 1: Ord. 13-1014 § 1: Ord. 99-1042 § 4: Ord. 93-1045 § 1: Ord. 92-1052 § 2: Ord. 92-1007 § 2: Ord. 92-1004 § 4)

12.10.227 Rate adjustments and appeals.

A. Any person billed for service charges may file a “Request for Rate Adjustment” with the Public Works Department within three (3) years of the date from which the bill was sent. However, filing of such a request does not extend the period for payment of the charge.

B. Requests for rate adjustment may be granted or approved by the Director only when one (1) of the following conditions exists:

1. The acreage of the parcel charged is in error;

2. The parcel is nonresidential and the actual impervious surface coverage of the parcel charged places it in a different rate category than the rate category assigned by the Department;

3. The parcel is nonresidential and the parcel meets the definition of open space in SMC 15.105.150. Parcels qualifying hereunder will be charged only for the area of impervious surface and at the rate which the parcel is classified under using the total parcel acreage;

4. The service charge bill was otherwise not calculated in accordance with the terms of this chapter.

C. The property owner shall have the burden of proving that the rate adjustment sought should be granted.

D. Decisions on requests for rate adjustments shall be made by the Director based on information submitted by the applicant and by the division within thirty (30) days of the adjustment request except when additional information is needed. The applicant shall be notified in writing of the Director’s decision. If an adjustment is granted which reduces the charge for the current year or two (2) prior years, the applicant shall be refunded the amount overpaid in the current and two (2) prior years.

E. If the Director finds that a service charge bill has been undercharged, then either an amended bill shall be issued which reflects the increase in the service charge or the undercharged amount will be added to the next year’s bill. The Director may include in the bill the amount undercharged for two (2) previous billing years in addition to the current bill.

F. Decisions of the Director on requests for rate adjustments shall be final unless, within thirty (30) days of the date the decision was mailed, the applicant submits in writing to the Director a notice of appeal setting forth a brief statement of the grounds for appeal and requesting a hearing before the City Hearing Examiner. The Examiner’s decision shall be a final decision. (Ord. 16-1007 § 13; Ord. 99-1042 § 5)

12.10.230 Delinquencies and foreclosures.

Delinquent service charges shall bear interest at the rate of eight percent (8%) per annum from the date of delinquency until paid. The City shall have a lien for delinquent service charges, including interest thereon, against any property subject to service charges. The lien shall be superior to all other liens and encumbrances except general taxes and local and special assessments. Such lien shall be effective as to a total amount not in excess of one (1) year’s delinquent charges without necessity for any writing or recording of the lien. (Ord. 99-1042 § 6: Ord. 90-1016 § 3)

12.10.240 Additional use of revenues.

The City may use revenues received from collection of service charges for the purpose of maintaining road drainage systems. (Ord. 90-1016 § 4)