Chapter 13.67
STORM DRAINAGE BILLING POLICY AND COLLECTION
Sections:
13.67.030 Classification of property.
13.67.040 Undeveloped real property.
13.67.050 Service charge rates.
13.67.060 Property exempt from service charges.
13.67.080 Annual review of charges and fees.
13.67.090 Effective date of service charge.
13.67.010 Definitions.
The following words when used in this chapter shall have the following meanings, unless the context clearly indicates otherwise:
A. “City” shall mean the city of Sumas, Washington, a municipal corporation created and existing under the laws of the state of Washington.
B. “Developed” shall mean that condition of real property altered from its natural state by the addition to or construction on such property of impervious ground cover or other manmade physical improvements (such as clearing and grading), such that the hydrology of the property or portion thereof is materially affected.
C. “Impervious ground cover” shall mean those hard surfaced areas either which prevent or retard the entry of water into the soil in the manner that such water entered the soil under natural conditions preexistent to development, or which cause water to run off the surface in greater quantities or at an increased rate of flow than that present under natural conditions preexistent to development, including without limitation such surfaces as rooftops, asphalt or concrete sidewalks, paving, driveways, parking lots, walkways, patio areas, storage areas, gravel roads, packed earthen materials, and oiled macadam or other surfaces which similarly affect the natural infiltration or runoff patterns existing prior to development.
D. “Service charge” means the monthly fee levied by the utility upon all developed real property within the boundaries of the utility.
E. “System” shall mean the entire system of storm and surface water drainage facilities owned by the utility or over which the utility has control or right of use for the movement and retention of storm and surface waters, including both naturally occurring and manmade facilities.
F. “Undeveloped” shall mean that condition of real property unaltered by the construction or addition to such property by man of impervious ground cover or physical manmade improvements of any kind which change the hydrology of the property from its natural state.
G. “Utility” means the city storm drainage utility as established pursuant to Chapter 13.66, as it now exists or as it may be hereafter amended. (Ord. 1421 § 2 (part), 2005)
13.67.020 Rate policy.
It shall be the policy of the city that the rate structure to be applied in establishing the amount of service charges assessed against each parcel of developed real property within the boundaries of the utility shall be on a flat rate system based upon use and/or classification of the property and shall be billed to the current utility account for the property, except for those properties set forth in Section 13.67.060. (Ord. 1421 § 2 (part), 2005)
13.67.030 Classification of property.
The utility shall determine the use and classification of each parcel of developed real property within the boundaries of the utility to determine the appropriate billing rate. In the event that a developed real property constitutes more than one use or classification, it shall billed at whatever use or classification has the higher rate. (Ord. 1421 § 2 (part), 2005)
13.67.040 Undeveloped real property.
In accordance with the policy established in Section 13.67.020, those properties remaining in an undeveloped condition are deemed not to make use of the services of the utility or of the facilities of the system beyond that used by such property in the natural state. Therefore, no service charge shall be imposed upon that real property within the boundaries of the utility which is undeveloped. (Ord. 1421 § 2 (part), 2005)
13.67.050 Service charge rates.
In accordance with the basis for a rate structure set forth in Sections 13.67.020 and 13.67.030, there is levied upon all developed real property within the boundaries of the utility the following service charges which shall be collected from the owners of such properties:
A. For all detached single-family residences and mobile homes, the monthly service charge shall be $3.15.
B. For all parcels containing multifamily residential buildings, the monthly service charge shall be $7.35.
C. For all parcels containing commercial buildings, the monthly service charge shall be $7.35.
D. For all parcels containing industrial development, the monthly service charge shall be $26.25.
E. For all other developed property within the boundaries of the utility, except as set forth in Section 13.67.060, the monthly service charge shall be $3.15. (Ord. 1797 § 1, 2022; Ord. 1773 § 1, 2020; Ord. 1421 § 2 (part), 2005)
13.67.060 Property exempt from service charges.
The following special categories of property are exempt from service charges:
A. City street rights-of-way, all of which are a part of the system;
B. State of Washington and Whatcom County highway rights-of-way;
C. All parcels which are:
(1) Used for school, church, community center, community hall, or grange purposes; and
(2) Owned by an organization with a nonprofit benefit status as defined by RCW 24.03.490;
D. Low income seniors and disabled persons receiving relief under RCW 84.36.381 shall receive the following exemptions from service charges: All parcels for which the person qualifies for an exemption under RCW 84.36.381(5) shall be exempt from service charges under this chapter. (Ord. 1421 § 2 (part), 2005)
13.67.065 Connection charge.
There shall be a connection charge levied on each parcel of property connecting to the utility as follows:
A. For parcels of property that have an existing storm sewer line that is adequately constructed to the property line adjacent to the city’s storm sewer main line, as determined by the administrator of the utility, in the amount of five hundred fifty-five dollars.
B. For all other parcels of property, in the amount of seven hundred fifty dollars, or actual cost, whichever is greater as determined by the administrator of the utility.
The charge shall be paid prior to the issuance of building permits or obtaining other city approvals. (Ord. 1516 § 1, 2008)
13.67.070 Collection.
A. All service charges, system development charges, and all other fees or charges hereafter established by the city council by ordinance shall be deemed to be levied upon the premises themselves.
B. The city shall have a lien for all delinquent and unpaid charges and fees for storm water drainage purposes, including, without limitation, service charges and system development charges assessed against all premises to which service was furnished, which lien shall have the super priority established by RCW 35.67.200 and shall be foreclosed in the manner provided in RCW 35.67.220 et seq.
C. As an additional and concurrent method of enforcing its lien upon any premises for delinquent storm drainage charges, the utility is authorized, in accordance with law and in the manner provided by this code, to stop providing water service to such premises for so long as any delinquent fees or charges remain unpaid.
D. Storm drainage service charges shall be deemed delinquent if not paid within thirty days following the billing date. Interest at the rate of twelve percent per year shall be charged on all delinquent service charges and late charges. (Ord. 1421 § 2 (part), 2005)
13.67.080 Annual review of charges and fees.
The charges and fees established by this chapter and any other ordinances of the city council establishing charges and fees for the utility shall be reviewed annually. Subsequent to such review, the administrator of the utility shall present to the city council a yearly budget for the utility and proposed amendments to any rates and charges necessary, for the city council’s approval. (Ord. 1421 § 2 (part), 2005)
13.67.090 Effective date of service charge.
The service charge established in this chapter shall apply to all storm drainage services provided during or after May 2005 and shall be billed beginning in May of 2005. (Ord. 1421 § 2 (part), 2005)