Chapter 13.30
STORM DRAINAGE UTILITY

Sections:

13.30.010    Definitions.

13.30.020    Rate policy.

13.30.030    Classification of property.

13.30.040    Undeveloped real property.

13.30.050    Service charge rates.

13.30.060    Property exempt from service charges.

13.30.070    Collection.

13.30.080    Effective date of service charge.

13.30.010 Definitions.

The following words when used herein shall have the following meanings, unless the context clearly indicates otherwise:

“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 (as clearing and grading) such that the hydrology of the property or portion thereof is materially affected.

“Equivalent billing unit” shall mean two thousand two hundred (2,200) square feet of impervious ground cover and is the measure of impervious ground cover to be used by the Utility in assessing service charges, and/or a single-family dwelling.

“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 roof tops, asphalt or concrete sidewalks, paving, driveways and parking lots, walkways, patio areas, storage areas, and gravel, oiled macadam or other surfaces which similarly affect the natural infiltration or runoff patterns existing prior to development.

“Service charge” means the monthly fee levied by the Utility upon all developed real property within the boundaries of the Utility as authorized by WMC 13.30.030.

“System” shall mean the entire system of storm 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.

“Town” shall mean the Town of Wilkeson, Washington, a municipal corporation created and existing under the laws of the State of Washington.

“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.

“Utility” means the Town of Wilkeson, Washington, Storm Drainage Utility. [Ord. 94.12 § 1, 1994].

13.30.020 Rate policy.

It shall be the policy of the Town 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 based upon the amount of impervious ground cover contained within each parcel of property as measured by WMC 13.30.030, except for those properties set forth in WMC 13.30.060. [Ord. 94.12 § 2, 1994].

13.30.030 Classification of property.

The Utility shall measure the impervious ground cover of each parcel of developed real property within the boundaries of the Utility to determine the number of equivalent billing units contained therein; twenty-two hundred (2,200) square feet of impervious ground cover shall equal one (1) equivalent billing unit. All detached single-family residences and mobile homes are deemed to contain one (1) equivalent billing unit. For all other developed real properties within the Utility boundaries, the Utility shall determine the number of equivalent billing units contained thereon by dividing the number of square feet of impervious ground cover on each property by two thousand two hundred (2,200). In making such calculation, fractions shall be disregarded, except where such calculation results in a fraction greater than one-half (1/2) then the number shall be adjusted to the next higher whole number. [Ord. 94.12 § 3, 1994].

13.30.040 Undeveloped real property.

In accordance with the policy established in WMC 13.30.020 that the service charges be determined by the amount of impervious ground cover contained on each parcel of real property, 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. 94.12 § 4, 1994].

13.30.050 Service charge rates.

In accordance with the basis for a rate structure set forth in WMC 13.30.020 and 13.30.030, there is hereby 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 (one (1) equivalent billing unit), the monthly service charge shall be as set forth by resolution.

B. Those developed properties that are riparian to the harbor or Puget Sound from which storm and surface waters flow directly into the harbor or Puget Sound, without the aid of any watercourse or natural or artificial drainage facilities, and all developed properties with Town approved detention facilities, will be billed at one (1) equivalent billing unit.

C. Duplexes shall be charged at one and one-half (1 1/2) equivalent billing units for the two (2) units.

D. For all other developed property within the boundaries of the Utility, except as set forth in WMC 13.30.060, the monthly service charge shall be as set forth by resolution multiplied by the number of equivalent billing units determined by the Utility to be contained in such parcel pursuant to WMC 13.30.030. [Ord. 2004.18 § 1, 2004; Ord. 94.12 § 5, 1994].

13.30.060 Property exempt from service charges.

The following special categories of property are exempt from service charges and system development charges:

A. Town street rights-of-way, all of which are a part of the system pursuant to the plan;

B. State of Washington and Pierce County highway rights-of-way. [Ord. 94.12 § 6, 1994].

13.30.070 Collection.

A. All service charges, system development charges and all other fees or charges hereafter established by the Town Council by ordinance shall be deemed to be levied upon the premises themselves.

B. The Town shall have a lien for all delinquent and unpaid charges and fees for storm 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 superiority 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, 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 twenty (20) days following the billing date. A late charge equal to ten (10) percent of the delinquent service charge shall be imposed at the time of such delinquency and interest at the rate of twelve (12) percent per annum shall be charged on all delinquent service charges and late charges. [Ord. 94.12 § 7, 1994].

13.30.080 Effective date of service charge.

The service charge herein established shall apply to all storm drainage services provided on or after September 1, 1994, and shall be billed beginning in November 1994. [Ord. 94.12 § 8, 1994].