Chapter 13.04
STORM DRAINAGE UTILITY

Sections:

13.04.010    Definitions.

13.04.020    Creation of storm drainage utility—Purpose.

13.04.030    Administration.

13.04.040    Violations—Penalties.

13.04.050    Storm drainage system defined.

13.04.060    Transfer of storm drainage system from street department to storm drainage utility.

13.04.070    Applicability.

13.04.080    Damage to system prohibited.

13.04.090    Trespassing prohibited.

13.04.100    Inspection.

13.04.110    Cross-connections prohibited.

13.04.120    Trees or shrubs obstructing storm sewers prohibited.

13.04.130    Water quality.

13.04.140    Easements.

13.04.150    Connection procedures—Permit.

13.04.160    Inoperative or inadequate storm sewer.

13.04.170    Emergency call-outs.

13.04.180    Property owner responsible for private storm drainage systems and connections.

13.04.190    Extensions.

13.04.200    Fees.

13.04.210    Rates and charges.

13.04.220    Rate reductions.

13.04.230    Appeal of estimated impervious surface area.

13.04.010 Definitions.

For the purpose of Chapter 13.02 and this chapter, the following words or phrases have the meanings set forth herein, unless the context indicates otherwise:

“City” means the city of Shelton, Washington.

“City council” means the city council of the city of Shelton, Washington.

“City manager” means the city manager of the city of Shelton, Washington. (Ord. 1921-0518 (part), 2018; Ord. 1637-0305 § 1 (part), 2005: Ord. 1438-1295 (part), 1995)

13.04.020 Creation of storm drainage utility—Purpose.

For the purpose of carrying out the provisions of this chapter, there is created and established a storm drainage utility for the city pursuant to Chapter 35.67 RCW. The primary purpose of this utility shall be the responsibility for the planning, design, construction, maintenance, administration, and operation of all city storm and surface water facilities and for the overseeing of the design, construction, and maintenance of improvements on private property where these may affect storm and surface water management. The city council is authorized to make funds available by appropriation, borrowing, or by other means in accordance with laws of the state, for the establishment, maintenance and operation of this utility. (Ord. 1921-0518 (part), 2018; Ord. 1637-0305 § 1 (part), 2005: Ord. 1438-1295 (part), 1995)

13.04.030 Administration.

The regulation of this chapter shall be under the supervision of the city manager; provided, however, that the city manager may delegate the duty of enforcing the provisions of this chapter to other designees. The city manager or other designees may make such administrative determinations for the proper operation of this chapter; provided, that said determinations are not contrary to this chapter. (Ord. 1921-0518 (part), 2018; Ord. 1637-0305 § 1 (part), 2005: Ord. 1438-1295 (part), 1995)

13.04.040 Violations—Penalties.

A.    Criminal Penalty. Any person who willfully violates, disobeys, omits, neglects or refuses to comply with or resists the enforcement of this chapter or its provisions shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not in excess of one thousand dollars or by imprisonment in the jail for not to exceed ninety days or by both such fine and imprisonment. Each day that a violation exists shall constitute a separate offense.

B.    Civil Remedy. In addition to the foregoing criminal remedy, the violation of any of the provisions of the ordinance codified in this chapter is deemed to be a nuisance and threatening to the health and safety of the citizens of Shelton. The city may utilize any civil remedy available to it under the laws of the state of Washington to enforce these provisions, including injunctive relief.

Furthermore, any person violating any of the provisions of this chapter shall become liable to the city for any direct or indirect expense, loss or damage occasioned the city by reason of such violation.

C.    Administrative Procedure. The city may choose to give notice to any person violating any provision of this chapter, stating the nature of the violation and giving a reasonable time limit for satisfactory correction thereof. The offender shall permanently cease all violation and make the necessary correction within the time given. This administrative procedure shall be at the city’s option. (Ord. 1637-0305 § 1 (part), 2005: Ord. 1438-1295 (part), 1995)

13.04.050 Storm drainage system defined.

The city council declares that the “storm drainage system” shall be defined as follows: natural and manmade city-owned storm drainage facilities used for the conveyance and/or storage or water quality treatment of storm and surface water within the boundaries of the city including, without limitation, all such properties, interests and rights acquired by adverse possession or by prescription. The definition also includes the conveyance or storage of storm and surface waters that flow through, under, or over lands, landforms, watercourses, sloughs, streams, ponds, rivers, lakes and swamps, beginning at a point where storm and surface waters enter the city system and ending at a point where such storm or surface waters exit from the city’s storm and surface water system, and in width to the full extent of inundation caused by storm or flood conditions. (Ord. 1921-0518 (part), 2018; Ord. 1637-0305 § 1 (part), 2005: Ord. 1438-1295 (part), 1995)

13.04.060 Transfer of storm drainage system from street department to storm drainage utility.

The city council expressly finds that the value of the existing public storm drainage system, as defined in Section 13.04.050, is equal to the value of release from the primary responsibility of the street department, insofar as they relate to or concern storm or surface waters, and they are transferred to and subject to the administrations of the utility created by this chapter and, therefore, the street department is released from such primary responsibility. (Ord. 1921-0518 (part), 2018; Ord. 1637-0305 § 1 (part), 2005: Ord. 1438-1295 (part), 1995)

13.04.070 Applicability.

The provisions of this chapter shall apply to all sewer services provided, and to all work performed, by the city as it pertains to the city’s storm drainage system. (Ord. 1637-0305 § 1 (part), 2005: Ord. 1438-1295 (part), 1995)

13.04.080 Damage to system prohibited.

A.    No person shall maliciously, willfully or negligently break, damage, destroy, uncover, deface or tamper with any structure, appurtenance or equipment which is part of the public storm drainage system.

B.    Besides any other penalties imposed by this chapter, any person causing damage to any property belonging to the city shall be liable to the city for any and all damages resulting either directly or indirectly therefrom. (Ord. 1637-0305 § 1 (part), 2005: Ord. 1438-1295 (part), 1995)

13.04.090 Trespassing prohibited.

It is unlawful for any person to trespass or be upon the lands and premises of the city, lawfully enclosed by fences, upon which any public storm drainage facility is situated, unless duly authorized by the city. (Ord. 1637-0305 § 1 (part), 2005: Ord. 1438-1295 (part), 1995)

13.04.100 Inspection.

Duly authorized and properly identified city employees shall have the right to access any person’s property at all reasonable times for the purpose of inspecting private storm drainage systems for compliance with the provisions of this chapter; and for inspecting, testing or repairing any part of the public storm drainage system on private property. (Ord. 1637-0305 § 1 (part), 2005: Ord. 1438-1295 (part), 1995)

13.04.110 Cross-connections prohibited.

The installation or maintenance of any cross-connection pertaining to the connection between any storm drainage system and any sanitary sewer system is prohibited. Any such cross-connection(s) now existing or hereinafter installed are a nuisance and shall be abated immediately. If, after proper notice, the property owner does not abate the cross-connection as directed by the city, then the city shall have the authority to abate such cross-connection(s) and bill the property owner for all reasonable costs. Any delinquent payments shall constitute a lien upon the property where such cross-connection(s) were abated. (Ord. 1637-0305 § 1 (part), 2005: Ord. 1438-1295 (part), 1995)

13.04.120 Trees or shrubs obstructing storm sewers prohibited.

It is unlawful to plant or maintain any tree or shrub whose roots are likely to enter and obstruct public or private storm drainage sewers. (Ord. 1637-0305 § 1 (part), 2005: Ord. 1438-1295 (part), 1995)

13.04.130 Water quality.

A.    It is unlawful for any person to discharge into the public storm drainage system directly or indirectly any liquid or solid foreign substances of biodegradable or other nature which shall cause the water quality standards adopted by the city to degrade below such adopted standards unless the discharge is the result of normal operation of public or private parking lots or streets.

B.    Products of erosion shall be prevented from entering the public drainage system at all times, both during construction and the subsequent operation of any activity. All trash and debris shall be prohibited from entering any public drainage system. (Ord. 1637-0305 § 1 (part), 2005: Ord. 1438-1295 (part), 1995)

13.04.140 Easements.

All public storm drainage systems shall be required to be located within a recorded public storm drainage easement or public right-of-way. An unobstructed ingress/egress maintenance easement shall be provided for access to the storm drainage facilities. The minimum width of the required drainage easement shall be adequate to encompass all facilities and include room for access and maintenance, as determined by the city. (Ord. 1637-0305 § 1 (part), 2005: Ord. 1438-1295 (part), 1995)

13.04.150 Connection procedures—Permit.

A.    It is unlawful for any person to construct, connect, repair or replace any portion of the city’s storm drainage system without first obtaining a permit to do so.

B.    The city shall establish reasonable rules and regulations for a permit system to govern the construction, connection, repair or replacement of the city’s storm drainage system.

C.    All excavations for storm drainage installation shall be adequately guarded with barricades and lights so as to protect the public from hazard. Work within the rights-of-way shall conform to all city rules and regulations. (Ord. 1637-0305 § 1 (part), 2005: Ord. 1438-1295 (part), 1995)

13.04.160 Inoperative or inadequate storm sewer.

Where it is determined by the city that a private storm drainage system or connections thereof is obstructed, broken, inoperative or inadequate or is a significant threat to the public health, safety or welfare, or to public or private property, the city shall give notice to the owner, agent or occupant of the property in which such condition exists requiring the condition to be corrected within a specified time. If the owner, agent or occupant shall refuse to maintain, reconstruct, repair, or remove the obstruction of said private storm drainage system or connection within the time specified in such notice, the city shall perform such work as may be necessary to comply with this chapter. The cost of such work done plus fifteen percent shall be charged to the property owner or occupant and shall become immediately payable to the city upon written notice of such amount being given to the property owner or occupant or posted upon said premises and shall become a lien against the property. (Ord. 1637-0305 § 1 (part), 2005: Ord. 1438-1295 (part), 1995)

13.04.170 Emergency call-outs.

Whenever a request is made of the city for an emergency inspection or cleaning, outside of regular working hours, of the city storm drainage system and it is found that the problem does not involve the public storm drainage system, labor, equipment and materials may be charged to the requesting party. (Ord. 1637-0305 § 1 (part), 2005: Ord. 1438-1295 (part), 1995)

13.04.180 Property owner responsible for private storm drainage systems and connections.

The maintenance of any private storm drainage system or connection shall be the sole responsibility of the property owner. (Ord. 1637-0305 § 1 (part), 2005: Ord. 1438-1295 (part), 1995)

13.04.190 Extensions.

When the city determines that an extension of the public storm drainage system is needed and such extension is to be done by a private party, the city shall establish reasonable rules to cover the design, planning, constructing and acceptance of said extension. (Ord. 1637-0305 § 1 (part), 2005: Ord. 1438-1295 (part), 1995)

13.04.200 Fees.

The city council may, by resolution, establish fees and charges for storm drainage permits, extensions and related activities not covered under Section 13.04.210. Said fees and charges may be amended by the city council from time to time by further resolution as necessary. (Ord. 1921-0518 (part), 2018; Ord. 1637-0305 § 1 (part), 2005: Ord. 1438-1295 (part), 1995)

13.04.210 Rates and charges.

A.    The following monthly service charges are established for all parcels of real property within the boundaries of the city, as they now exist or as they may be hereafter amended, for the purpose of carrying on the responsibilities of the storm drainage utility:

1.    Undeveloped Parcels. Undeveloped parcels with no city utilities shall not be charged.

2.    All parcels which are currently served by any city utility services and are within the city shall be charged each month per utility account.

3.    If one piece of property is served by more than one account, only one account will be charged stormwater rates for each piece of property.

4.    Any piece of property or parcel in use for any commercial or business purpose with space that meets the definition of impervious surfaces shall be charged stormwater rates, regardless of use of other city utility services.

5.    Stormwater rates are as follows:

a.    Schedule 1: Single-Family Residential Units and Duplexes. The stormwater rate per parcel shall be twelve dollars and ten cents per month.

Senior citizen and disability discounts: Eligible low-income senior citizens and disabled persons in single-family residences shall receive a discount of seventeen percent of the monthly rates as established in Schedule 1 above. The city shall establish eligibility requirements for receiving any discount.

b.    Schedule 2: Commercial, Hotel/Motel, Triplex, Multifamily, Mobile Home, Trailer Parks, Government Facilities and Industrial Customers. Rates are based on impervious surface areas on the parcel for all customer classes as listed in the table below:

Impervious Surface Area (sq. ft.)

 

≤ 5,000

$22.70

5,001—10,000

$45.40

10,001—25,000

$71.00

25,001—35,000

$106.40

35,001—55,000

$141.85

> 55,000

$283.70

B.    Exemptions. The following special categories of property are exempt from the monthly rates and fees for the stormwater utility: city street rights-of-way, Mason County road rights-of-way, and state of Washington highway rights-of-way.

C.    Collections. Storm drainage collections, billings and delinquencies shall be as provided for in Chapter 3.02 of this code.

D.    Liens. Liens for storm drainage collections, delinquencies or any other utility-related matter shall be as provided for in Chapter 3.02 of this code and state law.

E.    Rates, Charges and Classifications. The rates, charges and classifications provided in this section may be amended from time to time at the discretion of the city council and as provided for in Chapter 3.02 of this code. (Ord. 1921-0518 (part), 2018; Ord. 1886-0916 § 1, 2016: Ord. 1881-0116 § 1, 2016: Ord. 1745-0509 § 1, 2009: Ord. 1727-0508 § 1, 2008: Ord. 1637-0305 § 1 (part), 2005: Ord. 1438-1295 (part), 1995)

13.04.220 Rate reductions.

A.    It is intended for the city of Shelton to provide fair and timely review of applications from stormwater utility commercial customers for a rate reduction based on three established criteria. Reductions in rates of ten percent are provided to commercial accounts based on one of the following circumstances. Each account is only eligible for one discount:

1.    Implementation of a rainwater harvesting system.

2.    Implementation of a one hundred percent retention/infiltration system.

3.    Direct discharge to tidally influenced waters.

B.    Stormwater utility commercial ratepayers are responsible for applying for the rate reduction. The rate reduction will become effective the billing month following the approval of the rate reduction. The city manager will adopt policy and procedures for the application and approval of rate reductions based on the above criteria. (Ord. 1921-0518 (part), 2018; Ord. 1637-0305 § 1 (part), 2005)

13.04.230 Appeal of estimated impervious surface area.

A.    Customers who believe the rate classification assigned by the city does not accurately reflect the total impervious area of their property may appeal for reclassification upon application to the city.

B.    A customer with multiple accounts that serve one contiguous property may also appeal for rate reclassification. Customers may request that impervious surface area for accounts be combined and charged as one piece of property.

C.    The city manager will adopt policy and procedures for the appeal process. Rate changes based on review of impervious surface area will become effective the billing month following the approval of the appeal. (Ord. 1921-0518 (part), 2018; Ord. 1637-0305 § 1 (part), 2005)