Chapter 3.36
LA CENTER STORMWATER UTILITY
Sections:
3.36.050 Liability disclaimer.
3.36.080 Rate adjustments and appeals.
3.36.090 Billing and collection.
3.36.010 Purpose.
The purpose and intent of this title is to:
(1) Establish a stormwater utility to promote public health, safety and welfare by promoting a comprehensive approach to stormwater problems.
(2) Establish rates and charges which shall be uniform for the same class of customer and service, to establish methods of development and construction, and to comply with the provisions of applicable state statutes. The purpose of the rates and charges established herein is to provide a method for payment of all or any part of the cost and expense of stormwater management services and to secure issuance of general obligation bonds, revenue bonds or such other financing mechanisms for said services as may be employed.
(3) Create a stormwater management fund. All service charges shall be deposited in this fund, to be used only for the purpose of paying all or any part of the cost and expense of providing stormwater management services, or to pay or secure the payment of all or any portion of any issue of general obligation or revenue bonds issued for such purpose. [Ord. 2019-12 § 1 (Exh. 1), 2019.]
3.36.020 Definitions.
For this title, and the interpretation and enforcement thereof, the following words and phrases shall have the following meanings, unless the context of the sentence in which they are used shall indicate otherwise:
(1) “Comprehensive stormwater program” means a plan and all implementing regulations and procedures including but not limited to capital projects, public education activities, land use management regulations adopted by ordinance for managing stormwater management facilities and features within the city.
(2) “Developed parcel” means any parcel altered from the natural state by the construction, creation, or addition of impervious surfaces.
(3) “Manager” means the manager of the city of La Center public works department or the manager’s designee.
(4) “Drainage basin” means the geographic region within which water drains into a particular aquatic system or other body of water.
(5) “Drainage facility” means the system of collecting, conveying, and storing surface and stormwater runoff. Drainage facilities shall include but not be limited to all surface and stormwater conveyance and containment facilities including streams, pipelines, channels, ditches, swamps, lakes, wetlands, closed depressions, infiltration facilities, retention/detention facilities, erosion/sedimentation control facilities, and other drainage structures and appurtenances, both natural and constructed.
(6) “Equivalent residential unit (ERU)” means a configuration of impervious surface estimated to contribute an amount of runoff to the city’s stormwater management system which is approximately equal to that created by the average single-family residential developed parcel in La Center.
(7) “General facilities charge” means the charge levied for a pro rata share of the existing physical stormwater system and future stormwater system as represented in the stormwater comprehensive plan, as now in effect, may be approved or as may be subsequently amended.
(8) “Impervious surface” means a hard surface area which either prevents or retards the entry of water into the soil mantle as it entered under natural conditions prior to development, and/or a hard surface area which 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 stormwater. Open, uncovered retention/detention facilities shall not be considered as impervious surfaces for the purpose of this chapter.
(9) “Land use code” or “zoning code” means the restrictions on the type of development or use for a specific parcel of land as provided in LCMC Title 18.
(10) “Maintenance” means the act or process of cleaning, repairing or preserving a system, unit, facility, structure, or piece of equipment.
(11) “Natural surface water drainage system” means such landscape features as rivers, streams, lakes, and wetlands which circulate water in a complex hydrological cycle.
(12) “Parcel” means the smallest separately segregated unit or plot of land having an identified owner, boundaries, and surface area which is documented for property tax purposes and given a tax lot number by the Clark County assessor.
(13) “Person” means any individual, firm, company, association, corporation, or governmental agency.
(14) “Service charges” means charges to property owners for stormwater management services.
(15) “Single-family residence (SFR)” means a residential structure accommodating one dwelling unit, including mobile homes, as defined by the city of La Center land use codes.
(16) “Stormwater management services” means the services provided by the stormwater management utility, including but not limited to basin planning, facilities maintenance, regulation, financial administration, public involvement, drainage investigation and enforcement, aquatic resource restoration, stormwater quality and environmental monitoring, natural surface water drainage system planning, intergovernmental relations, and facility design and construction.
(17) “Stormwater” means the water originating from rainfall and other precipitation that is found in drainage facilities, rivers, streams, springs, seeps, ponds, lakes, and wetlands as well as shallow groundwater.
(18) “Stormwater management system” means constructed drainage facilities and any natural surface water drainage features that collect, store, control, treat and/or convey surface and stormwater.
(19) “Undeveloped parcel” means any parcel that has not been altered from its natural state by the construction, creation, or addition of impervious surface(s).
(20) “Unit rate” means the dollar amount charged per ERU.
(21) “Utility” means the La Center stormwater management utility created under the provisions of this chapter. [Ord. 2019-12 § 1 (Exh. 1), 2019.]
3.36.030 Service area.
The city council will furnish service to all that area within the boundaries of the city. [Ord. 2019-12 § 1 (Exh. 1), 2019.]
3.36.040 Administration.
The stormwater management utility herein created shall be administered and enforced by the city of La Center public works manager or his/her duly authorized designee. The manager is hereby authorized to specify such stormwater facility operation, maintenance and performance standards as necessary to implement the requirements of this code and carry out the duties of the manager. [Ord. 2019-12 § 1 (Exh. 1), 2019.]
3.36.050 Liability disclaimer.
(1) Floods from stormwater runoff may occasionally occur which exceed the capacity of storm drainage facilities constructed and maintained by funds made available under this chapter. The city’s adoption of this code does not imply that property liable for the stormwater drainage charge shall always be free from stormwater flooding or flood drainage. Further, this code does not purport to reduce the need or the necessity for any property owner to obtain flood insurance.
(2) This chapter shall be administered and enforced for the benefit of the health, safety and welfare of the general public, and not for the benefit of any particular person or class of persons.
(3) No provision of or any term used in this chapter is intended to impose any duty upon the city or any of its officers or employees which would subject them to damages in a civil action. [Ord. 2019-12 § 1 (Exh. 1), 2019.]
3.36.060 Access to premises.
The city’s employees shall have the right, with the consent of the owner or occupier of the premises or property, or pursuant to a lawfully issued warrant, to enter the customer’s premises in order to implement this code. [Ord. 2019-12 § 1 (Exh. 1), 2019.]
3.36.070 Stormwater charges.
(1) The rates and service charges shall be based on the service provided and the relative contribution of stormwater runoff from a given parcel to the stormwater control facilities. The estimated or measured impervious surface area will be used to determine the relative contribution of stormwater runoff from the parcel.
(2) Service charges shall be determined as described below:
(a) Undeveloped Parcels. Undeveloped parcels shall not be charged.
(b) Single-Family Residential Parcels. The monthly service charge for each single-family residential parcel shall be the unit rate for one equivalent residential unit.
(c) Other Developed Parcels. The monthly service charge for all other developed parcels, including publicly owned properties, shall be computed by multiplying the unit rate times the number of equivalent residential units applicable to the parcel.
(d) Minimum Charge. There shall be a minimum monthly service charge for all developed properties equal to the rate for one equivalent residential unit.
(3) The unit rate shall be set by resolution duly approved by the city council.
(4) The value of one equivalent residential unit shall be set by resolution duly approved by the city council.
The public works manager shall make a final determination as to the number of units that will be charged as building plans and other information are made available by the property owner. Appealable to the city administrator for final determination.
(5) Low-income users shall qualify to pay a reduced user charge upon qualifying for the exemption by application made with the city’s finance department; provided, however, this exemption shall only apply to the user charge for low-income single-family users. This exemption shall not apply to owners of multifamily structures. All low-income customers applying for the low-income discount herein provided shall furnish to the finance director of the city of La Center, Washington, a claim for exemption in such affidavit form as shall be prescribed by the finance director. Such form shall be furnished to the finance director on or before May 31st of each year or within 30 days from the date of account opening or unexpected change in income status. Charges for service shall be established per this section. [Ord. 2023-02 § 1 (Exh. A), 2023; Ord. 2019-12 § 1 (Exh. 1), 2019.]
3.36.080 Rate adjustments and appeals.
Any person billed for service charges may file a “request for service charge adjustment” with the manager within 30 days of the date of the bill. However, submittal of such a request does not extend the period of payment for the charge.
A request for service charge adjustment may be granted or approved by the manager only when one or more of the following conditions exists:
(1) The amount charged is in error; or
(2) The parcel is nonresidential and the impervious surface area on the parcel, as established by a licensed surveyor or engineer, is more than 10 percent of an equivalent residential unit greater than or less than the impervious surface area used in determining the charge; or
(3) The parcel exists in its natural unimproved condition and will remain in its natural unimproved condition with no allowable human activities or manmade improvements that adversely affect water quantity or quality.
Decisions on requests for service charge adjustment shall be made by the manager based on information submitted by the applicant and by the city within 30 days of the adjustment request, except when additional information is needed. The applicant shall be notified in writing of the manager’s decision.
If the manager finds that a service charge bill has been undercharged, then either an amended bill shall be issued which reflects the increase in service charge, or the undercharged amount will be added to the next bill.
Decisions of the manager on requests for service charge adjustments shall be final unless appealed within 30 days of the date the decision was mailed to the city council. [Ord. 2019-12 § 1 (Exh. 1), 2019.]
3.36.090 Billing and collection.
The city may administer the billing and collection services required to implement this chapter, or it may enter into interlocal agreements with other governmental entities for this purpose.
Service charges collected under this chapter shall be deposited into a special fund or funds to be used only for the purpose of paying all or any part of the cost and expense of maintaining and operating stormwater control facilities, all or any part of the cost and expense of stormwater management services. [Ord. 2019-12 § 1 (Exh. 1), 2019.]
3.36.100 Liens.
Nothing contained in this chapter shall be construed as a waiver of liens, and the city shall have all rights to liens as provided in Chapter 35.67 RCW, as the same exists or may hereafter be amended, or any other rights to enforce the collection of stormwater service charges as may from time to time be provided in state law. The lien shall have superiority as established by RCW 35.67.290. There shall be added to the delinquent amounts and interest all costs and expenses incurred by the city in compelling payment of the same. [Ord. 2019-12 § 1 (Exh. 1), 2019.]