Chapter 13.34
SURFACE WATER UTILITY
Sections:
13.34.020 Potential hazard declared.
13.34.030 Storm water management utility created.
13.34.040 Property transferred to utility.
13.34.050 Utility administered by city engineer.
13.34.060 Surface water management plan.
13.34.010 Purpose – Findings.
The city finds and declares:
A. All real property in the city contributes runoff to the common surface water problem, and all real property in the city either uses or benefits from the 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 of storm water runoff to the city’s storm water system. (Ord. 2548 § 1, 1993).
13.34.020 Potential hazard declared.
The city finds and declares that absent effective maintenance, operation, regulation and control, existing storm water drainage conditions in all drainage basins and subbasins 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 conveyances together constitute a storm water system and that effective regulation and control of surface water through formation, by the city, of a surface water utility requires the transfer to the utility of all storm water facilities and conveyances and related rights belonging to the city. (Ord. 2548 § 2, 1993).
13.34.030 Storm water management utility created.
There is created and established pursuant to Chapter 35.67 RCW, and Article 11, Section 11, of the Washington State Constitution, a surface water utility. All references to “the utility” in this chapter refer to the surface water utility. The utility will have regulatory authority and responsibility for planning, design, construction, maintenance, administration and operation of all city storm water conveyances and facilities. (Ord. 2548 § 3, 1993).
13.34.040 Property transferred to utility.
Title and all other incidents of ownership of the following assets are 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 surface water, except that portion of the sanitary utility system used to transport or treat combined wastewater and surface water flows, 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 water, through, under, or over lands, watercourses, sloughs, streams, ponds, lakes, and swamps, all beginning in each instance at a point where storm water first enters the system of the city and ending in each instance at a point where the storm water exits from the system of the city, and in width to the full extent of inundation caused by storm or flood conditions. (Ord. 2548 § 4, 1993).
13.34.050 Utility administered by city engineer.
The utility shall be administered by the city engineer. (Ord. 2548 § 5, 1993).
13.34.060 Surface water management plan.
The city’s engineering department shall cause to be completed a comprehensive surface water management plan for Mount Vernon which, if accepted, shall be adopted by the city council. This plan shall be presented to the council no later than one year after enactment of the surface water utility ordinance codified in this chapter. (Ord. 2548 § 6, 1993).