Chapter 12.36
Storm and Surface Water Utility Rates and Charges
Sections:
12.36.020 Rates and Charges--Established.
12.36.030 Appeal of charges and other determinations.
12.36.040 Billing and collection.
12.36.050 Nonpayment of bills.
12.36.060 Penalties for nonpayment of bills.
12.36.070 Utility, billing--Credit priority.
12.36.080 Stormwater utility account--Annual report.
12.36.090 Appeal of monthly billing.
12.36.010 Definitions.
As used in this chapter: "City" means the city of Montesano, Washington, a municipality organized under Title 35A of the Revised Code of Washington, and its officers, officials and employees.
"Closed system" means a portion or type of thestormwater system that contains or includes piping, manholes, catch basins and/or other enclosed facilities as part of the collection or transmission facilities. "Council" means the city council of the city of Montesano, Washington.
"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.
"Director" means the director of public works of the city or his or her designee.
"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 three thousand square feet of impervious surface area or any portion thereof.
"Impervious surface" means that hard surface area which either prevents or retards the entry of water in 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 include, but are not limited, to the following:
A. Rooftops;
B. Any of the following when made from concrete or asphalt paving: walkways, patios, driveways, parking lots or storage areas; and
C. Oiled, macadam or other surfaces which similarly impede the natural infiltration or runoff of surface water.
At such time as the city completes the measurement, through aerial photography and land surface evaluation processes, the number of square feet of impervious surface on all non-single-family residential parcels, such calculations shall control for purposes of establishment of fees.
"Open system" means a portion or type of the stormwater system that does not contain or include piping, manholes, catch basins, and/or other enclosed facilities are 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 under driveways, roadways or other facilities that cross the storm drainage systems.
"Parcel" means the smallest separated 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 Grays Harbor County Assessor.
Parcel, Developed. "Developed parcel" 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. "Single-family residential parcel" means:
A. Any parcel of land which is improved with a dwelling unit for occupancy by a single family or a similar group of people;
B. A single-family residential parcel also may be an individual dwelling, manufactured 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, manufactured home, flat or unit is owned separately. If more than three of any such units, manufactured homes, flats or units occupy the same parcel of land, regardless of the form of ownership, that parcel shall be considered a non-single-family parcel and be subject to charges as set forth in Section 12.32.030(C).
Parcel, Undeveloped. "Undeveloped parcel" means any parcel which has not been altered by grading or filling of the ground surface, or by construction of any improvements or impervious surface area, which affect the hydraulic properties of the parcel.
"Runoff" means the portion of precipitation, either from rain or melted snow, that ultimately reaches natural water courses by flowing over the surface of land.
"Utility" means the storm and surface water utility. (Ord. 1420 §1, 1999).
12.36.020 Rates and charges--Established.
A. Pursuant to the findings contained within the recitals above and other portions of this chapter and the findings within the chapter establishing the utility, the system or rates and charges to be imposed on each parcel of real property within the city served by or to which is available for service by the stormwater utility established by Chapter 12.32 and this chapter shall be established by written resolution of this council.
B. In determining the charges to be established and imposed, the council and mayor may take into consideration such factors as may be deemed relevant. The factors may include, but are not limited to the amounts necessary to fund the following current or projected portions or elements of the program:
1. Administration;
2. Planning and design;
3. Construction;
4. Operation, maintenance and repair of existing and subsequently constructed storm and surface water facilities.
C. Upon the establishment of the original rates and charges, they shall remain in effect until modified by subsequent resolution, the city specifically reserving the right to fix, alter, regulate and control the rates and charges. (Ord. 1420 §2, 1999).
12.36.030 Appeal of charges and other determinations.
A. Appeal of Initial Determination of ESU. Any person, within sixty days after being notified of the determination of ESUs for a particular parcel(s), who considers the ESU determination or stormwater utility charge calculation(s) applied to such parcel to be inaccurate, or who otherwise disagrees with a stormwater utility rate determination, may apply to the public works director for a rate adjustment, stating in writing the grounds of the appeal.
B. Request for Modification of ESU Determination as the Result of Modifications to Parcel. Any person after making or causing changes to a particular parcel(s) where such changes or modifications are believed to reduce in a measurable fashion the impact of the parcel upon the stormwater system, whether through the reduction of the total amount of impervious area of such parcel or otherwise, may apply to the public works director for a redetermination of ESU(s), stating in writing the reason or grounds of the request. The public works director shall review the case file and determine whether a readjustment is warranted. If the public works 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. Appeal Process.
1. a. The initial appeal by the customer whose parcel is the subject of any decision made by the public works director in relation to a matter covered in subsection B or C of this section shall be brought before the mayor who may either affirm the decision or direct a review of the decision by the director. Such request for review must be commenced by filing with the office of the clerk-controller a writing setting forth the decision from which the appeal is taken, the reasons the decision is believed to be erroneous, and the relief sought. The appeal shall be filed in the office of the clerk-controller within thirty calendar days of the mailing of the director's decision to the last known address of the customer, as shown upon the records of the city.
b. The decision of the mayor or, if referred back to the director for reconsideration, of the director, shall be issued in writing and mailed to the customer at the last known address of the customer, as shown upon the records of the city.
2. a. If the customer does not agree with the decision reached in the first phase of the appeal process, the customer may make a final appeal to the council. Such request for review must be commenced by filing with the office of the clerk-controller a writing setting forth the decision from which the appeal is taken, the reasons the decision is believed to be erroneous, and the relief sought. This second and final appeal shall be filed in the office of the clerk-controller within thirty calendar days of the mailing of the written decision of the mayor or director, as the case may be, issued pursuant to subsection (C)(1) of this section to the last known address of the customer, as shown upon the records of the city.
b. Upon receipt, the clerk-controller shall bring the matter of the filing before the council at its next regular meeting. At that meeting, the council shall set a date for consideration of the appeal which shall be upon the record considered at the first phase. The customer shall be given notice of the date for consideration.
Both the customer and the director shall be allowed to present such oral comments or additional information as the council deems appropriate. The council may affirm, modify, or reverse the decision from which the appeal is taken.
The council's decision shall be issued in writing.
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 to the maximum extent allowed by law. (Ord. 1420 §3, 1999).
12.36.040 Billing and collection.
Utility rates and charges for each parcel of developed real property within the city shall be computed on a bimonthly basis. The amount to be billed shall be included on the existing water/sewer/refuse bill as a separate line item. A "stormwater only" statement will be sent to those property owners who are not city water, refuse 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 the utility rates and charges. (Ord. 1420 §4, 1999).
12.36.050 Nonpayment of bills.
A. Collection of and penalties for nonpayment of bills shall be as provided in this chapter or any other provision of the municipal code to which reference is made.
B. The city shall have the right to discontinue water service to any premises for nonpayment of the service charge for use of the storm and surface water utility of the city in the same manner and subject to the same terms as now or hereafter prescribed by law for discontinuance of water service for nonpayment of water bills. Further, the city shall have the right to pursue the filing and foreclosing of a lien(s) in accordance with the provision of this chapter, the Montesano Municipal Code, and the laws of the state of Washington, for any unpaid and delinquent utility bill. (Ord. 1420 §5, 1999).
12.36.060 Penalties for nonpayment of bills.
A. The billing date is defined as the day of the month in which the bill is sent or mailed to the property owner for his or her designee or, if a different day is established by the billing provisions relating to water and sewer utilities, that different day.
B. The billing due date, the date that any bill becomes delinquent, the date upon which a delinquency penalty is assessed, and the date upon which water service may be terminated for nonpayment of this utility shall be the same dates as are established as the due date, date of delinquency, and date for termination of service for sewer and water billings.
C. Any utility bill not paid by the delinquency date shall be assessed a penalty of ten dollars.
D. As to any unpaid utility bill, a lien may be placed upon the property being served by filing and service of such notice as may be required by law. Foreclosure may be carried forth thereafter in the manner allowed by applicable law. (Ord. 1420 §6, 1999).
12.36.070 Utility, billing--Credit priority.
In the event that any person, firm or corporation shall tender as payment of water, sewer, solid waste or stormwater services an amount insufficient to pay in full all of the outstanding charges so billed, credit shall be given as follows:
A. First to any previously outstanding charges, including penalties and interest, in the same priority as set forth in the following paragraphs; then
B. Second, to the stormwater utility charges;
C. Third, to the charges for collection of solid waste;
D. Fourth, to the charges for sanitary sewer service and water service until all charges shall have been paid in full. (Ord. 1420 §7, 1999).
12.36.080 Stormwater utility account--Annual report.
A. All money collected through utility rates and charges shall be deposited in a stormwater utility account or fund in the city street fund as established and maintained by the clerk-controller.
B. The director of public works and the clerk-controller shall conduct an annual review of the utility's operations, the total costs of operation and maintenance of the stormwater retention, detention, collection and conveyance systems, and the schedule of rates and charges. By August 1st of each calendar year, they shall submit a written report to the mayor, finance committee and public works committee of the council summarizing the review and containing their recommendations for rate adjustments necessary 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. 1420 §8, 1999).
12.36.090 Appeal of monthly billing.
Any person who considers the utility billing for the covered period to be inaccurate may appeal in the manner and under the conditions provided in Chapter 12.24, being a chapter governing the appeal from billings for the sewer and water utilities. (Ord. 1420 §9, 1999).