Chapter 9.12
STORM DRAINAGE AND SURFACE WATER UTILITY

Sections:

9.12.010    Fund created.

9.12.020    Definitions.

9.12.030    Classification of property—Established.

9.12.040    Classification of property—Adjustment.

9.12.050    Monthly charges.

9.12.060    Applicability of charges.

9.12.070    Severability.

9.12.010 Fund created.

There is hereby created Fund No. 405, to be known as the “storm drainage and surface water utility,” from which the expenditures for operation, maintenance and improvement of the runoff drainage systems of the city of Omak shall be paid, which fund shall have ownership of the present system and any future improvements to the system, and shall obtain revenues from charges made monthly to real property owners in the city of Omak, and from other sources as appropriate to balance the budget of the fund. (Ord. 949 § 1, 1984).

9.12.020 Definitions.

(a)    “Beneficiaries of drainage service” includes all real properties within the city of Omak which benefit by the provision, maintenance, operation and improvement of the storm and surface water control system by the city of Omak, regardless of how that system may be constituted. Such benefits may include, but are not limited to, the provision of adequate systems of collection, conveyance, detention, treatment, and release of stormwater, the reduction of hazard to property and life resulting from stormwater runoff, improvement in the general health and welfare through reduction of undesirable stormwater conditions, improvements in the water quality in the stormwater and surface water system and its receiving waters, and the limitation of potentially harmful land uses and land alteration activities which might otherwise negatively impact the stormwater and surface water system.

(b)    “Contributors of drainage waters” includes all real properties within the city from which flows stormwaters or surface waters, or waters provided by the municipal or other sources which exit the property as surface flows and/or enter the storm and surface water utility system of the city of Omak.

(c)    “Impervious surfaces” means those hard surfaced areas which either prevent or retard the entry of water into the soil mantle, as it entered under natural conditions pre-existent to development, and/or cause the water to run off the surface in greater quantities or at an increased rate of flow from that present under natural conditions pre-existent to development. Common impervious surfaces include, but are not limited to, rooftops, concrete or asphalt sidewalks and paving, walkways, patio areas, driveways, parking lots or storage areas and gravel, oiled macadam or other surfaces which similarly impact the natural infiltration or run-off patterns which existed prior to development. (Ord. 949 § 2, 1984).

9.12.030 Classification of property—Established.

All real property in the city of Omak shall be classified by the storm and surface utility according to the use of the property, and the intensity of development as set forth below:

(a)    Undeveloped. Real property which is undeveloped and unaltered by buildings, roads, impervious surfaces of other physical improvements which change the infiltration or run-off patterns from its natural state;

(b)    Medium Development. Developed real property defined in Omak Municipal Code Title 18 as residential single-family, mobile homes, and multifamily units up to but not including six-unit multifamily dwellings;

(c)    Heavy Development. Real property which contains a land use other than as defined in subsection (b) of this section, but which does not overcover the real property with impervious surfaces;

(d)    Very Heavy Development. Real property completely overcovered with impervious surface. (Ord. 949 § 3, 1984).

9.12.040 Classification of property—Adjustment.

It is recognized that some properties, due either to their unique topographical, vegetative, surficial geologic, soil moisture, and/or groundwater characteristics, or to the construction and maintenance of stormwater and surface water control or detention facilities thereon, have an infiltration and run-off pattern substantially similar to properties of a lower classification of intensity of development.

The storm and surface water utility may adjust the intensity of development classification of an individual parcel of property to a classification different than would be indicated by its development with impervious surfaces based on information to be submitted by the property owner or his agent to said utility, demonstrating such. (Ord. 949 § 4, 1984).

9.12.050 Monthly charges.

There is levied upon all real property within the city of Omak which contributes drainage water to or which benefits from the function of the storm and surface water utility of the city of Omak, and there shall be collected from the owners thereof, monthly charges based on the development classification of the properties, as follows:

(a)    Undeveloped;

(b)    Medium development, three dollars and fifteen cents per month;

(c)    Heavy development, seven dollars and ninety-nine cents per month;

(d)    Very heavy development, eleven dollars and ninety-nine cents per month. (Ord. 1634 § 1, 2008; Ord. 1123 § 1, 1990; Ord. 1086 § 1, 1988; Ord. 1039 § 1, 1987; Ord. 1009 § 1, 1986; Ord. 94 § 5, 1985).

9.12.060 Applicability of charges.

The charges herein established shall apply to operations, maintenance and improvements of the system on and after January 1, 1985. (Ord. 949 § 6, 1984).

9.12.070 Severability.

If any provision of this chapter, or its application to any person or circumstance is held invalid the remainder of the chapter or the application of the provision to other persons or circumstances is not affected. (Ord. 949 § 7, 1984).