Chapter 11.12
SURFACE WATER UTILITY RATES1
Sections
11.12.005 Findings – Authority.
11.12.007 Report adopted by reference.
11.12.020 Service charge established for surface water service.
11.12.030 Charges for development permits.
11.12.040 Repealed.
11.12.050 Repealed.
11.12.060 Service charges for private streets.
11.12.070 Services to be provided to commercial, multifamily and nonprofit properties.
11.12.090 Discount for the low-income elderly or disabled.
11.12.103 Assignment of delinquent accounts for collection – Surcharge.
11.12.105 Repealed.
11.12.120 Liens for service/interest.
11.12.005 Findings – Authority.
The following findings and authority shall apply to this chapter:
The City has prepared a study for determining an equitable method for calculating the surface water management service fees for the rate classes as set forth in Appendix A attached to the ordinance codified in this chapter. The “Final Report for the Stormwater Rate Structure Study – July 2013,” by FCS Group, complies with RCW 35.67.020 by applying three uniform rates for small, medium, and large single-family properties and a measured rate for single-family properties exceeding 7,500 square feet of impervious surface and a measured rate for all multifamily, commercial and nonprofit properties. The measured rate charge shall be based on per billing unit per 3,450 square feet of impervious surface area. A copy of the rate study, Appendix B attached to the ordinance codified in this chapter, shall be kept on file with the City Clerk and is available to the public for review. [Ord. 1574 § 1, 2013.]
11.12.007 Report adopted by reference.
The following is adopted by reference:
The “Final Report for Stormwater Rate Structure Study – July 2013,” is hereby adopted as set forth in Appendix B, which is attached to the ordinance codified in this chapter and incorporated herein by reference. [Ord. 1574 § 2, 2013.]
11.12.010 Definitions.
As used in this chapter, unless the context or subject matter clearly requires otherwise, the words or phrases defined in this section shall have the indicated meanings.
“Commercial property” means: (a) all property in the City, private or public, used for a purpose other than single-family, multifamily, or nonprofit uses; and (b) for the purposes of this chapter, “mixed uses” as defined in the zoning code of the City and nonprofit homes for the aging as that expression is used in chapter 84.36 RCW.
“Developed property” means a property that has been changed from the natural state, resulting in 500 square feet or more of impervious area occurring on the property.
“Development permit” means, for the purposes of this chapter, a required permit leading to a project that will result in 500 square feet or more of new impervious area on previously undeveloped or developed property.
“Development permit charge” means a one-time payment made at the time of development or redevelopment of a property to compensate the City for the costs previously incurred by the City in providing the surface water system serving the property at the time of development.
“Disabled person” means a person who has been granted special parking privileges for disabled persons under RCW 46.16.381 as presently constituted or as may be subsequently amended.
“Equivalent billing unit (EBU)” means a measure of the impact of commercial/multifamily properties on the surface water system. It is equal to each 3,450 square feet of impervious area that has been determined to be the average amount of impervious area on single-family properties in the City.
“Impervious surface or area” means a hard surface area that either prevents or retards the entry of water into the soil mantle as it entered under natural conditions prior to development, or that causes water to run off the surface in greater quantities or at an increased rate of flow from the flow present under natural conditions prior to development. Common impervious surfaces include, but are not limited to, roofs, walkways, patios, driveways, parking lots, storage areas, areas which are paved, graveled or made of packed or oiled earthen materials, or other surfaces which similarly impede the natural infiltration of surface and storm water. For the purposes of applying impervious surface thresholds and exemptions contained in the King County Surface Water Design Manual, permeable pavement, vegetated roofs, and pervious surfaces with underdrains designed to collect storm water runoff are considered impervious surface while open, uncovered retention/detention facilities are not. However, for the purposes of computing runoff, uncovered flow control or water quality facilities shall be modeled as impervious surfaces as specified in the King County Surface Water Design Manual.
“Multifamily property” means all property zoned and/or used for purposes of multifamily housing. For the purposes of this chapter, trailer parks are considered multifamily property, and “mixed uses” are not considered multifamily property.
“Nonprofit property” means property upon which a facility exists that is owned and operated by a governmental agency or by an organization that has been granted nonprofit status under the rules of the Internal Revenue Code of the United States.
“Nonprofit residential property” means multifamily residential developments or nonprofit homes for the aging, owned and operated by a governmental agency or by an organization that has been granted nonprofit status under the rules of the Internal Revenue Code of the United States.
“Permeable pavement” means pervious concrete, porous asphalt, permeable pavers, or other forms of pervious or porous paving material intended to allow passage of water through the pavement section. Permeable pavement includes an aggregate base or natural soil base that provides structural support and acts as a storm water reservoir. Surfaces referred to as “paved” shall include those covered by permeable pavement.
“Private streets” means tracts of land, not publicly owned, that are generally open to the public in the same manner as public rights-of-way and that serve residential developments, but shall not include driveways or paved surfaces providing vehicle access within a multifamily or commercial development.
“Rate structure study” means the rate study identified in DMMC 11.12.007.
“Single-family unit” means those properties on which one dwelling unit is established, and that unit is used for dwelling purposes and not commercial activity, except for approved home occupations. “Single-family unit” also means an individually owned dwelling unit in planned unit developments (hereinafter “PUD” or “PUDs”), except for condominiums therein.
“Surface water system” means the surface water utility system of the City. [Ord. 1671 § 3, 2017: Ord. 1574 § 3, 2013: Ord. 1246 § 1, 1999: Ord. 1211 § 2, 1998: Ord. 1000 § 1, 1993: Ord. 860 § 1, 1990.]
11.12.020 Service charge established for surface water service.
There is established a system of service charges for surface water drainage service against all developed properties in the City.
(1) Monthly surface water utility rates shall be established on the basis of whether the developed property is used for a single-family unit, multifamily units, commercial properties, or nonprofit properties. Rates for all other surface water goods and services shall be established by executive order of the City Manager and published at the office of the Planning, Building and Public Works Department.
(2) The rates for surface water drainage service shall be as reflected on Appendix “A” attached to the ordinance codified in this section, which is incorporated herein by this reference. The baseline rates contained in Appendix “A” are effective January 1, 2016. Effective January 1, 2017, and January 1st of each succeeding year thereafter, rates for surface water drainage service shall be established by, first, taking the rate service charge for the previous year (this figure is hereinafter referenced as the “base sum”); second, multiplying the base sum by a combination index of the Engineering News Record (ENR) Construction Cost Index (CCI) for the City of Seattle on March 31st of the current year and the Seattle Consumer Price Index (CPI-Urban Consumers), as measured for the 12-month period ending in June of the previous year as published by the U.S. Bureau of Labor and Statistics. The applicable index shall be calculated for the upcoming year as 30 percent of the ENR CCI for Seattle plus 70 percent of the Seattle CPI; and, third, adding the results to the base sum. On January 1st of each succeeding year, the rates shall be established by applying updated CCI, CPI, and the end figures in like manner to the rates of the previous year. Should the combined CCI/CPI inflation index as calculated above be less than zero, then the base sum shall remain the same as the previous year. Effective January 1st, for years 2017, 2018 and 2019, the rates after applying the CCI/CPI index shall be increased by an additional 3.70 percent. Effective January 1st, for years 2020 and 2021, the rates after applying the CCI/CPI index shall be increased by an additional 2.70 percent.
(3) The monthly surface water service charge as applied to new development activity resulting in 500 square feet or more impervious area shall become effective on the date the land was cleared, graded or modified for the development as documented by the Public Works Director. For new subdivisions, the effective date shall be approval date of the plat. [Ord. 1627 § 1, 2015: Ord. 1620 § 1, 2015: Ord. 1574 § 4, 2013: Ord. 1496 § 1, 2010: Ord. 1437 § 1, 2008: Ord. 1368 § 1, 2005: Ord. 1246 § 2, 1999: Ord. 1220A § 1, 1999: Ord. 1173 § 1, 1996; Ord. 1083 § 1, 1994: Ord. 1065 § 1, 1993: Ord. 990 § 1, 1992: Ord. 927 § 1, 1992; Ord. 860 § 2, 1990.]
11.12.030 Charges for development permits.
For properties requesting development permits after January 1, 1991, a development permit is hereby established. The development permit charge reflects the previous costs to the City of providing the storm drainage system serving the property at the time of the request for a development permit. The lack of a physical connection system does not preclude the development permit from this charge. Installation of infiltration systems shall not exempt the property from the development permit charge.
(1) The development permit charge shall be computed on the following basis:
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Development Permit Charge = |
Square Footage of Impervious Area to Be Developed on Property x Base Charge |
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Equivalent Billing Unit |
(2) Effective January 1, 2016, the base charge shall be $1,550.
(3) Effective January 1, 2017, and January 1st of succeeding years, the base charge shall be increased by the ENR CCI for March 31st of the previous year.
(4) The development permit charge shall be computed to the nearest 0.1 EBU.
(5) The minimum development permit charge shall be the base charge. There shall be no development permit charge for expansion or remodeling of single-family units. [Ord. 1620 § 2, 2015: Ord. 1368 § 2, 2005: Ord. 1246 § 3, 1999: Ord. 860 § 3, 1990.]
11.12.040 Service charges for state highway property.
Repealed by Ord. 1187. [Ord. 1083 § 2, 1994: Ord. 860 § 4, 1990.]
11.12.050 Service charges for city streets.
Repealed by Ord. 1230. [Ord. 1187 § 1, 1997; Ord. 860 § 5, 1990.]
11.12.060 Service charges for private streets.
The monthly service charge for private streets shall be computed on the same basis as commercial property. Where private streets are not in single ownership, but subject to a maintenance agreement, residential properties served by the private street shall be billed equally on a pro rata basis. [Ord. 1574 § 5, 2013: Ord. 1230 § 1, 1999: Ord. 1187 § 2, 1997; Ord. 860 § 6, 1990.]
11.12.070 Services to be provided to commercial, multifamily and nonprofit properties.
In recognition of the impact of these properties on both the quantity of storm water runoff and the quality of storm water runoff to the surface water system, the city shall, upon written agreement with the property owners, provide periodic inspection and maintenance of the drainage systems on all commercial, multifamily, and nonprofit properties and private streets, to include catchbasins, pipe, runoff detention/retention facilities, and water quality control facilities. However, the city shall not assume any responsibility for any structural defects or failures of the system, or for the replacement of any of the facilities worn out through normal use. All costs for structural defects, failures, and replacements shall be borne by the property owners, and all such repairs and replacements shall be made at the expense of the owner and in a timely manner when so directed by the city. [Ord. 860 § 7, 1990.]
11.12.080 Rate adjustments.
(1) Any person billed for service charges may file a “request for rate adjustment” with the surface water management division within three years of the date from which the bill was sent. However, filing of such a request does not extend the period for payment of the charge.
(2) Requests for rate adjustment may be granted or approved only when the Planning, Building and Public Works Director determines that one or more of the following conditions exist:
(a) The rate or service charge bill was not calculated in accordance with the terms of this chapter or the amount charged is in error;
(b) The request is for a private street or a non-single-family residential parcel, which includes a constructed or natural on-site storm water mitigation facility that meets all of the following conditions:
(i) The constructed or natural facility provides storm or storm water detention, retention, water quality treatment, and/or conveyance; and
(ii) The Planning, Building and Public Works Director has determined that the property owner is capable of maintaining and operating the facility; and
(iii) The facility is maintained by the property owner to the City’s design specifications; and
(iv) The facility is available for inspection by the City; and
(v) Excess capacity, if not used by the property owner, is accessible and available for other related public purposes; and
(vi) The rate adjustment is revocable under conditions where the facility no longer operates at the design level established during the drainage plan review/approval process.
(3) The property owner shall have the burden of proving that the rate adjustment sought should be granted.
(4) Decisions on requests for rate adjustments shall be made by the Planning, Building and Public Works Director based on information submitted by the applicant and by the division within 30 days of the adjustment request except when additional information is needed. The applicant shall be notified in writing of the Planning, Building and Public Works Director’s decision. If an adjustment is granted which reduces the charge for the current year or two prior years, the applicant shall be refunded the amount overpaid in the current and two prior years.
(5) Rate adjustments granted for on-site mitigation as set forth in subsection (2)(b) of this section shall not exceed 30 percent of the unadjusted service charge: 14 percent of the unadjusted service charge for full water quality mitigation and 16 percent of the unadjusted service charge for full water quantity mitigation. The percentage of the rate adjustment to be granted up to the maximum amount will be the percentage achievement of on-site facilities against current development requirements as determined by the Planning, Building and Public Works Director.
(6) If the Planning, Building and Public Works Director finds that a service charge bill has been undercharged, then either an amended bill shall be issued which reflects the increase in the service charge or the undercharged amount will be added to the next year’s bill. This amended bill shall be due and payable under the provisions set forth in DMMC 11.12.020. The Planning, Building and Public Works Director may include in the bill the amount undercharged for two previous billing years in addition to the current bill. [Ord. 1574 § 6, 2013: Ord. 1211 § 3, 1998: Ord. 1083 § 3, 1994: Ord. 860 § 8, 1990.]
11.12.090 Discount for the low-income elderly or disabled.
(1) Discount. Upon application to the city, eligible persons shall receive a discount of 30 percent from the otherwise applicable charges for surface water service; provided, that eligible persons who own and occupy a single-family unit shall be exempt from all applicable charges for surface water service.
(2) Eligible Persons. “Eligible persons” means persons aged 65 or older or who are disabled, and the combined disposable income of the family unit from all sources does not exceed the King County Community Development Block Grant Consortium Low Income Schedule for the preceding calendar year. “Eligible persons” also means persons reported by nonprofit homes for the aging as provided in subsection (3)(e) of this section.
(3) Classes of Service. Eligible persons shall receive such discount in accordance with the following classes of service:
(a) In the case of owners and occupiers of a single-family unit, such discount is granted directly to the owner;
(b) In the case of renters of a single-family unit, renters of a multifamily unit, or renters or occupants of space in a mobile home park, the discount is not granted to the owner of the property, but is available to the occupant as a cash rebate, payable annually;
(c) In the case of condominiums, a discount is available to the unit owner/occupant as a cash rebate, payable annually;
(d) In the case of nonprofit residential properties, such discount is granted directly to the owner of the facility, pro rata, on the proportional basis that the population of eligible resident individuals bears to the total population of the facility;
(e) In the case of nonprofit homes for the aging, in order to simplify reporting requirements, and at the option of the nonprofit home for the aging, the population of eligible resident individuals may be the total of:
(i) The number of “eligible persons” reported under RCW 84.36.041(2) as presently constituted or as may be subsequently amended; provided this number shall not be multiplied by two as in the case of RCW 84.36.041(2); and
(ii) The number of resident individuals housed in facilities which qualify as “homes for the sick or infirm” under RCW 84.36.040 as presently constituted or as may be subsequently amended;
(f) Applications for discounts under this section for all nonprofit residential properties shall be submitted to the city’s finance department in the form approved by the finance director no later than January 31st of the year following the year of service, and the number reported shall be used to calculate a cash rebate, if any;
(g) Retroactive discounts may be granted for the previous year only and will be issued no later than April 30th following receipt of an application and an affirmative determination by the finance director that the applicant is eligible for a discount.
(4) Audit – Rules and Regulations. All persons and institutions applying for a discount in accordance with this section is subject to audit. The city manager or the city manager’s designee is authorized to adopt written rules and regulations governing auditing procedures. The burden of proof is upon the party applying for the discount to establish the basis for the discount by clear, cogent, and convincing evidence. A person aggrieved by a final decision denying a discount may appeal such decision to the hearing examiner in accordance with DMMC 11.12.110. [Ord. 1211 § 4, 1998: Ord. 1000 § 2, 1993: Ord. 945 § 1, 1992: Ord. 891 § 1, 1991: Ord. 860 § 9, 1990.]
11.12.100 Billing procedure.
(1) All property subject to charges of the program shall be billed based on the property characteristics existing on November 1st of the year prior to the billing year and at the rate as set forth in DMMC 11.12.020. Billing year is the year that the bills are sent. The service charge shall be displayed and billed on the annual property tax statement for the parcel and shall be mailed to the name and address shown on the real property tax roll at the time annual property tax bills are prepared. Parcels which are exempt from property taxes and do not receive an annual property tax statement will receive a bill only for the service charge. If a payment less than the sum of the total property tax plus service charge or less than the sum of one-half of the property tax plus one-half of the service charge is received for a combined property tax and service charge, and the parcel owner has not otherwise specified, the director of the office of finance shall first apply the payment to the annual property tax of the parcel pursuant to the provisions of chapter 84.56 RCW and then apply any remaining amount to the service charge.
(2) The total amount of the service charge shall be due and payable to the director of the office of finance on or before the thirtieth day of April and shall be delinquent after that date; however, if one-half of such service charge is paid on or before the said thirtieth day of April, the remainder shall be due and payable on or before the thirty-first day of October and shall be delinquent after that date.
(3) Parcel characteristics affecting the service charge which are altered after November 1st of any year shall not be a basis for calculation of the service charge until after December 31st of the following year. [Ord. 1211 § 5, 1998: Ord. 1017 § 1, 1993: Ord. 860 § 10, 1990.]
11.12.103 Assignment of delinquent accounts for collection – Surcharge.
Delinquent accounts may be assigned for collection and, if assigned, are subject to a collection surcharge as provided in this section.
(1) Accounts that are six months or more in arrears or total $200.00 or more in delinquent charges are assigned for collection.
(2) To an account assigned for collection, there is added a surcharge in the amount of 50 percent of the assigned amount to provide for collection charges and fees. [Ord. 1025 § 1, 1993.]
11.12.105 Discount for annual payment of water surface charges.
Repealed by Ord. 1211. [Ord. 929 § 1, 1992.]
11.12.110 Appeals.
A person aggrieved by a decision of the public works director or finance director made under the provisions of this chapter may appeal the decision to the hearing examiner in accordance with the hearing examiner code by filing a written notice of appeal, which must be filed within 10 days of such decision. The city manager may at any time prior to the decision of the hearing examiner review and revise a decision that is subject to appeal under this section. [Ord. 1211 § 6, 1998: Ord. 1083 § 3, 1994: Ord. 860 § 11, 1990.]
11.12.120 Liens for service/interest.
Pursuant to RCW 35.67.200, the city shall have a lien for delinquent and unpaid surface water utility service charges or connection charges. Enforcement and foreclosure of such lien shall be as provided by law. Interest on the unpaid balance shall be eight percent per year, or such higher rate as authorized by state law. Recording fees shall be added to the lien amount. [Ord. 860 § 12, 1990.]
Code reviser’s note: Ord. 934 recodified former chapter 16.12 DMMC under this chapter.