Chapter 13.24
STORM AND SURFACE WATER UTILITY
Sections:
13.24.020 Potential hazards designated – Regulation by storm water utility.
13.24.030 Storm and surface water management.
13.24.050 Property transferred to utility.
13.24.060 Storm water system and plan – Adopted.
13.24.070 Utility administered by public works director.
13.24.080 Review and update of plan and system operation.
13.24.090 Prior acts ratified and confirmed.
13.24.010 Purpose – Findings.
The city finds and declares:
A. All real property in the city contributes runoff to the common storm and surface water problem, and all real property in the city benefits, either directly or indirectly, from the storm and surface water utility of the city.
B. The development of real property, as measured by the square footage of impervious surface area, is an appropriate basis for the determination of an individual parcel’s contribution to the problem of storm and surface water runoff. [Ord. 479B, 1992.]
13.24.020 Potential hazards designated – Regulation by storm water utility.
The city finds and declares that absent effective maintenance, operation, regulation, and control, existing storm water drainage conditions in all drainage basins within the city constitute a potential hazard to the health, safety, and general welfare of the city. The city council further finds that natural and manmade storm water facilities and conveyance together constitute a storm water drainage system and that effective regulation and control of storm water through formation, by the city, of a storm and surface water utility requires the transfer to the storm water utility of all storm water facilities and conveyances and related rights belonging to the city. [Ord. 479B, 1992.]
13.24.030 Storm and surface water management.
A. Utility Created – Responsibilities. There is created and established pursuant to Chapters 35A.80 and 35.67 RCW, and Article 11, Section 11 of the Washington State Constitution, a storm and surface water utility. All references to “the utility” in this chapter refer to the storm and surface water utility. The utility will have authority and responsibility for planning, design, construction, maintenance, administration, and operation of all city storm water conveyances and facilities. [Ord. 479B, 1992.]
13.24.040 Separate utility.
In accordance with the provisions of Chapter 35.67 RCW, the storm and surface water utility is hereby established as a separate utility, together with all additions, extensions, and betterments thereof at any time made. [Ord. 479B, 1992.]
13.24.050 Property transferred to utility.
Title and all other incidents of ownership of the following assets are hereby transferred to and vested in the utility: all properties, interests, and physical and intangible rights of every nature owned or held by the city, however acquired, insofar as they relate to or concern storm water, further including, without limitation, all properties, interests, and rights acquired by adverse possession or by prescription, directly or through another, in and to the drainage or storage, or both, of storm waters, through, under, or over lands, watercourses, sloughs, streams, ponds, lakes, and swamps, all beginning in each instance at a point where storm waters first enter the system of the city and ending in each instance at a point where the storm waters exit from the system of the city, and in width to the full extent of inundation caused by storm or flood conditions. [Ord. 479B, 1992.]
13.24.060 Storm water system and plan – Adopted.
There is specified and adopted as the original system and plan of the utility, including a declaration of the estimated cost thereof, the city comprehensive storm water management plan, adopted by motion by the city council on August 12, 1991. [Ord. 479B, 1992.]
13.24.070 Utility administered by public works director.
The utility shall be administered by the public works director. [Ord. 479B, 1992.]
13.24.080 Review and update of plan and system operation.
The public works department shall continue the review and update of the storm water management plan and ordinances relating to the management and operation of the storm water system, and the regulation and enforcement of any activities that may adversely impact the storm water system and receiving waters. Whenever the department determines that an amendment or modification to these regulations is necessary or in the best interest of the city and the storm water system, the department shall be responsible to present any recommendation(s) to the city council for their consideration. [Ord. 479B, 1992.]
13.24.090 Prior acts ratified and confirmed.
Any acts made consistent with the authority and prior to the effective date of the ordinance codified in this chapter are ratified and confirmed. [Ord. 479B, 1992.]