Chapter 13.28
STORM AND SURFACE WATER UTILITY CHARGES
Sections:
13.28.015 Storm and surface water capital facilities charges.
13.28.020 System of charges – Applicability.
13.28.030 Charges for specific parcels and uses.
13.28.035 Storm water surcharge fees (latecomer fees).
13.28.040 Appeal of ESU charges.
13.28.060 Nonpayment of bills – Storm water service discontinuance conditions.
13.28.070 Nonpayment of bills – Penalties for delinquency.
13.28.080 Utility billing – Credit priority for payments.
13.28.090 Storm water utility account – Annual report.
13.28.100 Appeal of rates, charges or other determinations.
13.28.010 Definitions.
As used in this chapter:
“Closed system” means a portion or type of the storm water system that contains or includes piping, manholes, catchbasins, and/or other enclosed facilities as part of the collection or transmission facilities.
“Customer” means a person in whose name service is rendered, as evidenced by the signature on the application or contract for that service, or, in the absence of a signed instrument, by the receipt and payment of bills regularly issued in his/her/its name regardless of the identity of the actual user of the service.
“Detention structure” means an approved permanent structure designed to store runoff for discharge at rates approximating what would have occurred under predevelopment conditions.
“Equivalent service unit (ESU)” means a configuration of development or impervious surfaces on a parcel, estimated to contribute an amount of runoff to the city’s storm and surface water drainage system which is approximately equal to that created by the average single-family residential parcel. One ESU is equal to 3,000 square feet of impervious surface area or any portion thereof.
“Impervious surface” means that hard-surfaced area which either prevents or retards the entry of water into the soil mantle and/or causes water to run off the surface in greater quantities or at an increased rate of flow from that present under natural conditions. Impervious surfaces may include, but are not limited to, rooftops, concrete or asphalt paving, walkways, patios, driveways, parking lots or storage areas, and oiled, macadam or other surfaces which similarly impede the natural infiltration or runoff of surface water. The city has measured, through aerial photography and land surface evaluation processes, the number of square feet of impervious surface on all non-single-family residential parcels.
“Open system” means a portion or type of the storm water system that does not contain or include piping, manholes, catchbasins, and/or other enclosed facilities as part of the collection or transmission facilities, and consists entirely of roadside or regional ditches, drainage canals or open channels, other than sections of culverts over driveways, roadways, or other facilities that cross the storm drainage systems.
“Parcel” means the smallest separately segregated unit or plot of land having an identified owner, boundaries, and surface area which is documented for tax purposes and given a tax account (lot) number by the county assessor.
“Parcel, developed” means any parcel which has been altered by grading or filling of the ground surface or by construction of any improvement or other impervious surface area, which affects the hydraulic properties of the parcel.
“Parcel, single-family residential” means any parcel of land which is improved with a dwelling unit for occupancy by a single family or a similar group of people. A single-family residential parcel also may be an individual dwelling, mobile home, flat, or unit in a multifamily building or portion thereof for occupancy as the home, residence, or sleeping place for one or more persons, provided each such dwelling, mobile home, flat, or unit is owned separately. If more than three of any dwellings, mobile homes, flats, or units occupy the same parcel of land, the parcel shall be considered a non-single-family parcel, and subject to charges as identified in CMC 13.28.030(F).
“Parcel, undeveloped” means any parcel which has not been altered by grading or filling of the ground surface, or by construction of any improvements or other impervious surface area which affects the hydraulic properties of the parcel.
“Retention structure” means an approved permanent structure that provides for the storage of runoff by means of a permanent pool of water or infiltration.
“Runoff” means that portion of precipitation either from rain or melted snow that ultimately reaches natural watercourses by flowing over the surface of the land.
“Utility” means the storm and surface water utility. [Ord. 868B, 2011.]
13.28.015 Storm and surface water capital facilities charges.
A. Storm and surface water capital facilities charges shall be, and the same hereby are, imposed for increased impervious surface area in the city, which storm and surface water capital facilities charges shall be paid for each ESU as follows: $489.00 per ESU.
B. The number of ESUs used to determine the charges for storm and surface water capital facilities charges shall be based on measured impervious surface area. [Ord. 868B, 2011.]
13.28.020 System of charges – Applicability.
There is hereby imposed a system of rates and charges on each parcel of real property within the city served by or to which is available for service the storm water utility established by Chapter 13.24 CMC. The charges are found to be reasonable and necessary to fund the current administration, planning, design, construction, operation, maintenance, and repair of existing storm and surface water facilities; provided, however, that the city reserves the right to fix, alter, regulate, and control the rates and charges. [Ord. 868B, 2011.]
13.28.030 Charges for specific parcels and uses.
The following utility charges are established for all parcels of real property in the city:
A. Residential Parcels. The single-family residential charges shall apply to each parcel having one dwelling unit. The monthly charges for single-family unit storm water service shall be as follows:
|
Year |
Amount per Unit |
|
|---|---|---|
|
2012 |
$ 6.45 |
|
|
2013 |
6.95 |
|
|
2014 |
7.45 |
|
|
2015 |
7.95 |
|
|
2016 |
8.45 |
|
|
2017 |
8.95 |
|
|
2018 |
9.45 |
|
A residential parcel shall be deemed one ESU.
B. Undeveloped Parcels. Undeveloped parcels shall not be charged.
C. Parcels Located within a Flood Control District. Parcels located within a flood control district shall not be charged.
D. Parcels Containing a Detention Structure. The charge for all parcels containing a detention structure shall be based upon the total amount of measured impervious surface divided by the ESU and rounded to the nearest one-tenth whole number. The monthly service charge shall consist of the residential parcel charge for the first ESU and $1.00 for each additional measured ESU:
|
Year |
Amount per Unit |
|---|---|
|
2012 |
$ 6.45 plus $1.00 per each additional ESU |
|
2013 |
6.95 plus $1.00 per each additional ESU |
|
2014 |
7.45 plus $1.00 per each additional ESU |
|
2015 |
7.95 plus $1.00 per each additional ESU |
|
2016 |
8.45 plus $1.00 per each additional ESU |
|
2017 |
8.95 plus $1.00 per each additional ESU |
|
2018 |
9.45 plus $1.00 per each additional ESU |
E. Parcels with a Retention Structure. The monthly charge for all parcels containing a retention structure shall be the same as the monthly charge for residential parcels.
F. Other Parcels. The charge for all other parcels shall be based upon the total amount of measured impervious surface divided by the ESU, and rounded to the nearest one-tenth whole number. The actual total monthly service charge shall be computed by multiplying the measured ESUs for a parcel by the following monthly unit rates:
|
Year |
Amount per Unit |
|
|---|---|---|
|
2012 |
$ 6.45 |
|
|
2013 |
6.95 |
|
|
2014 |
7.45 |
|
|
2015 |
7.95 |
|
|
2016 |
8.45 |
|
|
2017 |
8.95 |
|
|
2018 |
9.45 |
|
G. Limited-Access Highways, City Transportation System. State of Washington limited-access highways shall be excluded from being charged consistent with this chapter and Chapter 90.03 RCW. The city transportation system, including surfaced and non-surfaced streets, alleys, and all other public roads located within city rights-of-way, shall be excluded from being charged consistent with this chapter.
H. Storm water utility rates shall be as stated for the years 2012, 2013, 2014, and 2015, as outlined in subsections (A), (D), (E), and (F) of this section, and shall remain the same for 12-month periods from the effective date of Ord. 902B, codified in this subsection. In all other respects, the terms and conditions of this section shall remain in full force and effect. [Ord. 902B, 2012; Ord. 868B, 2011; Ord. 828B §§ 2, 3, 2007.]
13.28.035 Storm water surcharge fees (latecomer fees).
A. The public works director may, at his discretion, establish and adopt storm water surcharge fees that, after their establishment, shall be imposed upon customers connecting to specifically designated storm water utility extension(s) and/or storm water system improvements in defined areas.
B. Such surcharge fees shall be based on criteria established within the standard latecomer agreement form created by the development review committee.
C. In order for a storm water surcharge fee to be established, in addition to or separately from a request approving and authorizing the installation and/or construction of a storm water utility extension(s) or storm water system improvements, the developer, property owner, or other entity that installed and/or constructed such storm water utility extension(s) or storm water system improvements, or proposes to install and/or construct storm water utility extension(s) or storm water system improvements, shall submit to the public works director a specific request (a latecomer agreement form created by the development review committee) to establish a storm water surcharge fee.
D. The public works director may require additional information from the developer, property owner, or other entity requesting the establishment of such storm water surcharge fee. The director may also deny the request to establish the storm water surcharge fee, or establish a different amount of storm water surcharge fee, other than the fee calculated in the standard latecomer agreement form. If a storm water surcharge fee is approved, the director may impose other conditions, limitations, and/or a duration for said storm water surcharge fee.
E. The purpose of establishing such storm water surcharge fees is to reimburse developers, property owners, or other entities that installed and/or constructed storm water utility extension(s) or storm water system improvements for a portion of their costs for the installation and/or construction of storm water utility extension(s) or storm water system improvements, for which subsequent, nonparticipating future customers benefit. The city shall collect established surcharges, from such nonparticipating future customers, at the time storm water capacity charges are paid, and then reimburse the surcharge(s) to the developer, property owner or other entity that installed and/or constructed such storm water utility extension(s) or storm water system improvements, for which such surcharge(s) was established.
F. Such storm water surcharge fees shall be in addition to any other charges that may be applicable. [Ord. 868B, 2011; Ord. 847B § 7, 2009.]
13.28.040 Appeal of ESU charges.
A. Any person, within 60 days after being notified of the determination of ESUs for a particular parcel(s), who considers the ESU determination or storm water utility charge calculation(s) applied to the parcel to be inaccurate, or who otherwise disagrees with a storm water utility rate determination, may apply to the public works director for a rate adjustment, stating in writing the grounds of the appeal.
B. Any person, after making or causing changes to a particular parcel(s) where such changes or modifications reduce the total amount of impervious area of the parcel, may apply to the director for a redetermination of ESU(s). The director shall review the case file and determine whether a readjustment is warranted. If the director determines that an adjustment is warranted, the director shall cause the redetermination of impervious area and assignment of current ESU(s) to take place.
C. Any person, after making or causing changes to a particular parcel(s) where such changes or modifications provide mitigation that both exceeds that required by the city as a condition of a development and is available for the benefit of other developed parcel(s), may apply to the director for a rate adjustment, stating in writing the reason or grounds of the request. The director shall review the case file and determine whether a rate adjustment is warranted. If the director determines that an adjustment is warranted, the actual total monthly service charge shall be computed by multiplying the measured ESUs for the parcel by the following monthly unit rate:
|
Year |
Amount per Unit |
|
|---|---|---|
|
2012 |
$ 5.10 |
|
|
2013 |
5.49 |
|
|
2014 |
5.89 |
|
|
2015 |
6.28 |
|
|
2016 |
6.68 |
|
|
2017 |
7.07 |
|
|
2018 |
7.47 |
|
D. Appeals of any decisions made by the director may be brought before the city manager, who may direct the reevaluation of the appeal. Appeals beyond the city manager may then be brought before council.
E. Nothing in this chapter shall be construed to grant a right to judicial review, which does not otherwise exist in law. (In all cases, the decision of the council shall be final and conclusive.) [Ord. 902B, 2012; Ord. 868B, 2011.]
13.28.050 Billing of charges.
Utility rates and charges for each parcel of developed real property within the city shall be computed on a bimonthly basis for residential accounts and on a monthly basis for non-single-family accounts. The amount to be billed shall be included on the existing water/sewer bill as a separate line item. A “storm water only” statement will be sent to those property owners who are not city water or sanitary sewer customers. The city shall bill the owner of the served property for the payment of utility rates and charges specified in this chapter; however, the owner may have the bills mailed to a tenant, or agent, but this shall not relieve the owner from liability for utility rates and charges. [Ord. 868B, 2011.]
13.28.060 Nonpayment of bills – Storm water service discontinuance conditions.
A. Payment for storm water services shall be due on the twentieth day of the month. Unpaid statements become delinquent on the twenty-first day of the month, or the following business day, and a delinquency charge, as established by city ordinance, of 10 percent of the past due amount with a minimum penalty of $1.00 shall be added to each unpaid account and a delinquent statement mailed. Payment of the outstanding balance must be received within seven days or water and/or sewer service shall be disconnected in accordance with the provisions of CMC 13.04.500 and 13.08.500, and a lien may be placed upon the property being served by filing a notice with the city clerk. The city clerk shall send a written notice of filing to the recorded owner of the property.
B. For any customer who is not a water and/or sanitary sewer customer and who has not paid a storm water bill within 40 days of the due date, a lien may be placed upon the property being serviced by filing a notice with the city clerk. The city clerk shall send a written notice of filing to the recorded owner of the property. [Ord. 868B, 2011.]
13.28.070 Nonpayment of bills – Penalties for delinquency.
A delinquency charge equal to 10 percent of the total storm water services charge shall be added to each unpaid bill. [Ord. 868B, 2011.]
13.28.080 Utility billing – Credit priority for payments.
A. In the event that any person, firm, or corporation shall tender as payment of water, sewer or storm water services an amount insufficient to pay in full all of the charges so billed, credit shall be given first to the storm water utility charges, second to the charges for sanitary sewer service, and lastly to the charges for water service.
B. In the event that any utility account shall become delinquent, water service may be terminated by the city in accordance with the provisions delineated in CMC 13.04.500. Such utility account shall be discontinued until all delinquent rates or charges for the use of the storm water service, sanitary sewer service, and water service shall have been paid in full. [Ord. 868B, 2011.]
13.28.090 Storm water utility account – Annual report.
A. All money collected through utility rates and charges shall be deposited in a storm water utility account, water utility account or in the sanitary sewer utility account as established and maintained by the finance manager.
B. The finance manager and the public works director shall conduct an annual review of the utility’s operations, the total costs of operation and maintenance of the storm water retention, detention, collection and conveyance systems, and the schedule of rates and charges. They shall submit a report to the city manager by June 1st of each calendar year, summarizing the review and containing recommendations for rate adjustments to:
1. Maintain the proper proportionate distribution of operation and maintenance costs among users and user classes; and
2. Ensure generation of sufficient revenue to pay the total operation and maintenance costs for the proper operation, maintenance, and improvement of the utility. [Ord. 868B, 2011; Ord. 831B, 2007.]
13.28.100 Appeal of rates, charges or other determinations.
A. Any person making a timely payment of the city’s total utility bill who considers the utility rates and charges for a parcel to be inaccurate, or who otherwise disagrees with a utility rate determination, may apply to the public works director for a rate adjustment, stating in writing the grounds of the appeal. The director will review the case file and determine whether an adjustment is necessary to provide for reasonable and equitable application of the utility rate charges.
B. Appeals of the decisions made by the director may be brought before the city manager who may direct the reevaluation of the appeal. Appeals beyond the city manager may then be brought before the council.
C. Any appeal under this section shall be filed with the director no later than 20 days after the billing. Any subsequent appeal shall be brought within 20 days of the date of the decision appealed from.
D. Nothing in this chapter shall be construed to grant a right to judicial review, which does not otherwise exist in law. In all cases, the decision of the council shall be final and conclusive. [Ord. 868B, 2011.]
13.28.110 Annual review.
The revenue generated as a result of this chapter shall be reviewed annually and compared to expectations and sufficiency, with a report to the city council. [Ord. 868B, 2011.]
13.28.120 Effective date.
The effective date of the ordinance codified in this chapter shall be November 1, 2012. [Ord. 902B, 2012; Ord. 868B, 2011.]