Chapter 13.02
STORM WATER SERVICE CHARGES
Sections:
13.02.030 Classification of property.
13.02.040 Undeveloped real property.
13.02.050 Rates, fees and charges.
13.02.060 Property exempt from service charges.
13.02.010 Definitions.
The definitions set forth herein shall apply throughout this title, unless expressly stated otherwise. Any definition contained in any other chapter or section of this title shall apply to all chapters and sections of this title, unless context clearly indicates otherwise.
The “utility” as referred to in this chapter shall refer to the storm water utility. (Ord. 2909 § 3 (Att. B), 2018; Ord. 2480 § 1, 2000; Ord. 2446 § 1, 1999)
13.02.020 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 based on the number of equivalent service units or upon the amount of impervious area contained within each parcel of property as measured by BMC 13.02.030 as determined by the public works director, except for those properties that are exempt as set forth in BMC 13.02.060. The rates, fees, charges, penalties, interest and required deposits for water service are set forth in the unified fee schedule. Any rate, fee, charge or similar set forth herein is in addition and supplemental to those set forth in the unified fee schedule. (Ord. 2909 § 3 (Att. B), 2018; Ord. 2480 § 1, 2000; Ord. 2446 § 1, 1999)
13.02.030 Classification of property.
The utility shall measure the impervious area of each parcel of developed real property within the boundaries of the utility to determine the number of equivalent service units contained therein; 2,000 square feet of impervious area shall equal one equivalent service unit. All detached single-family residences are deemed to contain one equivalent service unit. For all other developed real properties, including mobile home parks, multifamily, commercial and industrial projects, the utility shall determine the number of equivalent service units contained thereon by dividing the number of square feet of impervious area on each property by 2,000; the total thus obtained will be rounded up to the nearest whole number representing the equivalent service units contained on such property. Each developed parcel of property shall be deemed to contain a minimum of one equivalent service unit. The classification of property set forth herein shall apply where impervious area is converted to equivalent service units. (Ord. 2909 § 3 (Att. B), 2018; Ord. 2480 § 1, 2000; Ord. 2446 § 1, 1999)
13.02.040 Undeveloped real property.
In accordance with the policy established in BMC 13.02.030, the service charge shall be determined by the amount of impervious area 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 use by such property in the natural state, and shall not be subject to a service charge. (Ord. 2909 § 3 (Att. B), 2018; Ord. 2480 § 1, 2000; Ord. 2446 § 1, 1999)
13.02.050 Rates, fees and charges.
The property owner shall pay when due all rates, fees and charges for storm water service and related service and facilities as set forth in the unified fee schedule and as may be set forth in this chapter. The rates, fees, charges, penalties, interest and required deposits for water service are set forth in the unified fee schedule. Any rate, fee, charge or similar set forth herein is in addition and supplemental to those set forth in the unified fee schedule.
A. System Development Charge. As undeveloped parcels become developed and impervious area is added, the parcels will become subject to storm water utility service charges. In addition, a developing parcel or parcel adding impervious area will also be subject to storm water utility service charges as a condition of development and adding impervious area. The storm water utility service charges will be based on the improvements identified in the plan and allocated to future development.
B. System Development Charges. The charges and fees established by this section shall be established and set forth in the unified fee schedule. Fees shall be set by the city council to enable the utility to meet all costs incurred in the development, operation, maintenance and expansion of the utility and shall include related costs and expenses.
C. Monthly Service Charges. In accordance with the rate structure established in the unified fee schedule, there is hereby levied upon all developed real property within the boundaries of the utility service charges, which shall be collected as provided in BMC 13.02.070.
D. Each residential unit that is served by a city-approved and private neighborhood association owned and operated engineered community storm water collection and treatment system in compliance with applicable city and state maintenance requirements shall receive a 10 percent discount on its monthly service charges. (Ord. 2909 § 3 (Att. B), 2018; Ord. 2610 § 1, 2005; Ord. 2566 § 1, 2004; Ord. 2480 § 1, 2000; Ord. 2446 § 1, 1999)
13.02.060 Property exempt from service charges.
The following special categories of property are exempt from service charges:
A. City street rights-of-way which are a part of the system pursuant to the plan;
B. State of Washington highway rights-of-way and Whatcom County road rights-of-way so long as the state of Washington and Whatcom County shall agree in writing to maintain, construct and improve all storm water facilities, at said entities’ sole cost, contained within such rights-of-way as required by the utility in conformance with all utility standards for maintenance, construction and improvement hereafter established by the utility and so far as such maintenance, construction and improvements shall be achieved at no cost to the utility or to the city. (Ord. 2909 § 3 (Att. B), 2018; Ord. 2692 § 3(3), 2008; Ord. 2446 § 1, 1999)
13.02.070 Billing.
A. The charges imposed by this chapter shall be billed in conjunction with the property’s or user’s customary electric, water, and sanitary sewer bill issued by the city. Such charges shall be due and payable as provided in Chapter 13.18 BMC and the city’s unified fee schedule.
B. Charges for storm water services remaining unpaid at the close of business on the twentieth day of the following month in which billed (or the close of the next regular business day if the twentieth should fall on a Saturday, Sunday, or a legal holiday) shall be considered delinquent and shall call for a delinquent charge per equivalent residential unit for each month delinquent. Said delinquent charges and penalties shall become a lien upon the real property so furnished as provided by Washington State law, and shall be enforced as a real property lien and shall be superior to all other liens and encumbrances whatsoever, except those for general taxes and local and special assessments, and concurrently enforced by discontinuing and shutting off city utility services as provided herein and as provided by Washington State law.
C. If the delinquent charges remain unpaid at the close of business on the twentieth day of the following month in which billed (or the close of the next regular business day if the twentieth should fall on a Saturday, Sunday, or a legal holiday), a penalty and disconnect notice shall be mailed to the user informing the user that utility service will be discontinued and shut off no sooner than seven days commencing on the date of mailing of the notice unless all delinquent charges and penalties are paid prior to the discontinuance of utility service as provided herein. Utility service will not be resumed until all delinquencies and penalties, together with a reinstatement fee, have been paid. In the event utility service resumption is requested after working hours, then the reinstatement fee shall be at an overtime rate.
D. Any checks returned due to insufficient funds shall incur a penalty as set forth in the unified fee schedule.
E. It shall be the obligation of the user of a building, property, or premises using or having available for use storm water utility service to provide to the city of Blaine a service and mailing address for the purpose of billing for storm water utility charges and for the notice above described. No utility service shall be provided to any premises unless such addresses are provided.
F. Billings will be made in the name of the owner and may be mailed in care of a tenant or other occupants of the premises which are provided storm water utility services at the service address provided above, but such billings shall not relieve the owner of the property from liability for the payment of the charges for furnishing of such storm water services nor in any way affect the lien rights of the city against the premises to which said storm water services are furnished. Failure to receive the utility bill through the mail shall not be a valid defense for failure to pay the delinquent charges and penalties. Any change in the mailing address provided above must be properly filed in writing with the utility billing division before it will become effective.
G. In the event the city must bring legal action to collect storm water service charges and/or penalties, the city shall, in addition to such charges and penalties, recover its attorney’s fees and other costs incurred in connection with such collection. (Ord. 2909 § 3 (Att. B), 2018; Ord. 2480 § 1, 2000; Ord. 2446 § 1, 1999)