Chapter 10.06
PUBLIC SEWER SYSTEM AVAILABILITY AND CONNECTION CHARGES

Sections:

10.06.010    Definitions.

10.06.020    Mandatory connection when--Notice.

10.06.030    Method of connection.

10.06.040    Failure to connect--Right of city to make connection.

10.06.050    Connection charge established.

10.06.060    Failure to pay connection charges--Penalty.

10.06.070    Unpaid connection charges--Lien.

10.06.080    Availability charge established.

10.06.090    Schedule of availability charges.

10.06.100    Failure to pay availability charges--Lien.

10.06.110    Tributary lots.

10.06.120    New lots and other lots.

10.06.010 Definitions.

"Metro side sewer lot" means a lot with a side sewer connection available from the proposed Metro-installed facilities. The Metro side sewer lots are located within an area legally described and depicted on Exhibit "A" attached to the ordinance codified in this chapter and incorporated in this chapter by this reference.

"Tributary lot" means a lot which in the future may be connected to the Metro-installed facilities. The lots are located within an area legally described and depicted on Exhibit "B" attached to the ordinance codified in this chapter and incorporated in this chapter by this reference. (Ord. 266 (part), 1992)

10.06.020 Mandatory connection when--Notice.

Any or all owners of Metro side sewer lots may be directed and compelled by the Woodway mayor, with the approval of the town council, to connect to the sewer system at any time after the Metro-installed facilities are ready for connections. In such event, the mayor shall instruct the city clerk to give required notices in writing to any or all owners of Metro side sewer lots and to demand payment of all applicable fees, charges and other related costs, and to require connection of all residential dwellings including guest houses/caretaker cottages within three years from the date of service of such notice, or such shorter time period as the mayor and council may deem appropriate under the circumstances. (Ord. 266 (part), 1992)

10.06.030 Method of connection.

It shall be duty of the owner or owners of any and all premises, whether public or private, situated along, adjacent to or within any line of any completed sewer system and required by the town to connect to a sewer system, to connect all urinals, bathtubs, water closets, sinks, washbowls, slop sinks, kitchen sinks or any other facility utilizing water or sewer upon the premises with such sewer within three years after the date of service of the notice upon them; provided, however, that the mayor, with the approval of the town council, may shorten such period upon a determination that emergency conditions exist and that a sooner connection is required in order to protect the public health, welfare and safety of the residents of the town of Woodway. Such connection shall be made in the manner prescribed by the Uniform Building Code and/or Plumbing Code as in effect at the time of such notice. (Ord. 266 (part), 1992)

10.06.040 Failure to connect--Right of city to make connection.

In the owner or owners shall fail, refuse or neglect to connect his or her premises with the public sewer system within the time established by the mayor and approved by the council, then the mayor, with the consent of the council, may have such premises connected with the public sewer system. The expense thereof, including all applicable fees, connection charges and other related costs shall be charged against the premises and shall be a lien thereon. (Ord. 266 (part), 1992)

10.06.050 Connection charge established.

A.    A connection charge is a charge imposed by the town of Woodway to recover the town/s administrative, inspection, engineering and other costs related to the actual side sewer connection to the Metro-installed facilities. It may also include funds for maintenance and capital reserves.

B.    For all Metro side sewer lots, the connection charge for a guest house or caretaker’s cottage shall be twice the amount of a regular connection charge as established pursuant to subsection (A) of this section, for each guest house or caretaker’s cottage on a Metro side sewer lot actually connected to the sewer system. Such charge shall be payable at the time of connection. (Ord. 266 (part), 1992)

10.06.060 Failure to pay connection charges--Penalty.

In the event that any owner or owners shall fail, refuse or neglect to pay the connection charge established pursuant to Section 10.06.050 of this chapter, the owner or owners shall pay a sum equal to thirty percent of the connection charge as a penalty in addition to the connection fee, plus interest at the rate of twelve percent per year commencing on the date of connection and continuing until the date the connection charge, late payment penalty and accrued interest is paid. All revenues collected shall be considered revenues of the sewer utility system. (Ord. 266 (part), 1992)

10.06.070 Unpaid connection charges--Lien.

In the event any owner shall fail, refuse or neglect to pay a connection charge upon a side sewer connection, the unpaid charge and any costs, fees or penalties associated therewith, shall operate as a lien against the owner’s premises. Any lien filed or created under this section shall be foreclosed in the manner prescribed by law. (Ord. 266 (part), 1992)

10.06.080 Availability charge established.

An availability charge is a charge established by the town of Woodway for the system development costs of the Metro installed facilities which are "available" at or near the property lines of Metro side sewer lots. The availability charge includes Metro’s costs incurred in the design and construction of the facilities including the costs which are to be paid by the town of Woodway pursuant to the agreement for sewage disposal between the town of Woodway and Metro, and, also, the town of Woodway’s administrative and legal costs related to the Metro-installed facilities. (Ord. 266 (part), 1992)

10.06.090 Schedule of availability charges.

The following availability charges are applicable for "availability" of sewer service for all Metro side sewer lots under this chapter, and are in addition to the connection charge and any other charges in effect under other ordinances for sewer services provided by the Town of Woodway. These charges shall apply irrespective of whether the sewer service is actually connected.

A.    Cash Payment. For all Metro side sewer lots, the availability charge for single-family residences is seven thousand four hundred eighty-five dollars and forty-eight cents if the owner of the property pays on or before the 31st day of December, 1992.

B.    Annual Installments. The owner of a Metro side sewer lot may pay the availability charge established by subsection (A) of this section in ten equal yearly installments commencing on the 31st day of December, 1992. In addition, the owner shall pay interest on the unpaid balance at the rate of nine percent per year. The unpaid principal and any accrued interest may be prepaid at any time. (Ord. 266 (part), 1992)

10.06.100 Failure to pay availability charges--Lien.

In the event any owner of a Metro side sewer lot may fail, refuse or neglect to pay the availability charges imposed by Section 10.06.090 of this chapter, the owner or owners shall be charged as provided in Section 10.06.090 and the charge or charges shall operate as a lien against the premises. Any lien filed by the town or created under this section may be foreclosed in the manner prescribed by law. (Ord. 266 (part), 1992)

10.06.110 Tributary lots.

This chapter makes no specific provision requiring payment of any availability or connection charges for tributary lots as defined in Section 10.06.010 of this chapter. However, the mayor and council state as a matter of policy that they believe that all lots within the town of Woodway should be afforded the opportunity of receiving sewer service as soon as possible. The mayor and council agree to pursue available alternatives for providing sewer service to tributary lots by available means including, but not limited to, the formation of one or more local utility districts, a voluntary assessment program, or other feasible alternatives, with the intent of providing sewer service to the tributary lots at a reasonable pace, based on the need for such sewers and the desire of the owners of the tributary lots for such access. (Ord. 266 (part), 1992)

10.06.120 New lots and other lots.

In the event any new lots or living units are created through a subdivision, short plat or platting of a Metro side sewer lot, the owner or owners of such lot or lots or any other lot which is connected to the Metro-installed facilities shall be required to pay to the town of Woodway an availability charge determined in accordance with Section 10.06.090 of this chapter, and to pay the amount in cash within sixty days of receipt of any building permit. In the event that the sum is not paid with the date, the town of Woodway may revoke the issuance of the building permit, may refuse to issue a certificate of occupancy, and may have the right to file a claim of lien against the premises as provided by law. (Ord. 266 (part), 1992)