Chapter 13.05 UTILITY RATES

This chapter is intended to establish rates and charges to provide a method for payment of all or any part of the cost and expense of water, sanitary sewer, and stormwater, and to secure issuance of general obligation or revenue bonds for such services as the need should arise. Imposition of these rates and charges is also necessary in order to promote the public health, safety and welfare by minimizing uncontrolled stormwater, erosion, and water pollution to preserve and utilize the many values of the City’s natural drainage system including water quality, open space, fish and wildlife habitat, recreation, education, and urban separation and drainage facilities; and to provide for the comprehensive management and administration of water service, sanitary sewer and stormwater. (Ord. 2855 § 1 (Exh. A), 2024; Ord. 2394 § 1, 2005).

13.05.020 Definitions.

A. “Backflow” means the flow, other than the intended direction of flow, of any foreign liquids, gases or substances into the distribution system of a public water supply.

B. “Buy-in fee” means an amount charged to new development in order to reimburse the City’s water, sanitary sewer and stormwater utilities for a proportionate share of past and future utility improvements designed to serve development. Also referred to as a “capital improvement fee.”

C. “Capital improvement fee” means an amount charged to new development in order to reimburse the City’s water, sanitary sewer and stormwater utilities for a proportionate share of past and future utility improvements designed to serve development. Also referred to as a “buy-in fee.”

D. “Comprehensive stormwater program” means a plan and all implementing regulations and procedures including but not limited to capital projects, public education activities, and land use management regulations adopted by ordinance for managing stormwater facilities and features within the City.

E. “Commercial” or “industrial” means nonresidential establishments other than single-family residences or multifamily structures including, but not limited to, churches, schools or institutions.

F. “Connection fee” means the combined charge of the “capital improvement fee” and “installation fee.”

G. “Cross-connection” means any physical arrangement whereby a public water supply is connected, directly or indirectly, with any other water supply system which may be capable of imparting contamination to the public water supply as a result of backflow, by-pass arrangements, jumper connections, and other temporary or permanent devices through which, or because of which, backflow could occur.

H. “Developed parcel” means any parcel altered from the natural state by the construction, creation, or addition of impervious surfaces.

I. “Domestic sewage” means sanitary waste normally collected from residential establishments, and shall include commercial and industrial wastes of similar strength or quality and other commercial and/or industrial wastes that are pretreated in accordance with King County/Metro, City of Edmonds and City of Mountlake Terrace requirements meeting the Washington State Department of Ecology and United States Environmental Protection Agency guidelines.

J. “Drainage basin” means the geographic region within which water drains into a particular aquatic system or other body of water.

K. “Drainage facility” means the system of collecting, conveying, and storing stormwater runoff. Drainage facilities shall include but not be limited to all stormwater conveyance and congruent facilities including streams, pipelines, channels, ditches, swamps, lakes, wetlands, closed depressions, infiltration facilities, retention/detention facilities, water quality treatment facilities, erosion/sedimentation control facilities, and other drainage structures and appurtenances, both natural and constructed.

L. “Duplex” means a building occupying a lot containing two dwelling units.

M. “Dwelling unit” means a building or portion thereof providing complete housekeeping facilities for one family.

N. “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 area 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.

O. “Installation fee” means the amount charged by the City for physically extending a service connection from a public water, sanitary sewer, or stormwater facility to a right-of-way margin or edge of utility easement.

P. “Maintenance” means the act or process of cleaning, repairing or preserving a system, unit, facility, structure, or piece of equipment.

Q. “Mixed-use development” means the development of a tract of land or building or structure with two or more different uses, such as but not limited to residential, office, retail, public, or entertainment, in a compact urban form.

R. “Mixed-use structure” means a building that contains both commercial and residential uses, other than a single-family home that contains a home occupancy.

S. “Multifamily” means a building occupying a lot containing two or more dwelling units.

T. “Natural surface water drainage system” means such landscape features as rivers, streams, lakes, and wetlands. This system circulates water in a complex hydrological cycle.

U. “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 Snohomish County Assessor.

V. “Person” means every person, firm, partnership, association, institution, or corporation in the City. The term shall also mean the occupant and/or the owner of the premises for which service herein mentioned is rendered.

W. “Property owner of record” means a person or persons shown in the records of the County Assessor to be the owner of property and to whom property tax statements are directed.

X. “Rate category” means the classification in this chapter given to a parcel in the service area based upon the parcel and the percentage of impervious surface area contained on the parcel.

Y. “Rates” means the dollar amount charged per unit of service.

Z. “Residence” means a building or structure, or portion thereof, designed for and used to provide a place of abode for human beings. The term “residence” includes the term “residential” or “residential unit” as referring to the type of, or intended use of, a building or structure.

AA. “Retention/detention facility” means a type of drainage facility designed either to hold water for a considerable length of time and then release it by evaporation, plant transpiration and/or infiltration into the ground; or to hold runoff for a short period of time and then release it to the stormwater system.

BB. “Service charges” means charges and user fees to property owners for water service, sanitary sewer service and stormwater services.

CC. “Single-family residence” means a detached building containing one dwelling unit.

DD. “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 ground water.

EE. “Stormwater services” means the services provided by the stormwater utility, including but not limited to basin planning, facilities maintenance, regulation, financial administration, public involvement, drainage investigation and enforcement, aquatic resource restoration, surface and stormwater quality and environmental monitoring, natural surface water drainage system planning, intergovernmental relations, and facility design and construction.

FF. “Stormwater system” means constructed drainage facilities and any natural surface water drainage features which collect, store, control, treat and/or convey surface and stormwater.

GG. “Undeveloped parcel” means any parcel that has not been altered from its natural state by the construction, creation, or addition of impervious surface(s).

HH. “Utility” means the Mountlake Terrace water, sanitary sewer and stormwater utility created under the provisions of this chapter. (Ord. 2855 § 1 (Exh. A), 2024; Ord. 2644 § 2, 2014; Ord. 2394 § 2, 2005).

13.05.030 Utility confirmed.

A water utility, a sanitary sewer utility, and a stormwater utility, as originally established by Ordinances 1710 and 2077 of the City of Mountlake Terrace, are hereby reestablished and confirmed. The utilities herein created or reestablished shall be administered and enforced by the Mountlake Terrace Public Works Director or their duly authorized designee. The Public Works Director, or their duly authorized designee, shall be responsible for the operation, maintenance, repair and construction of the City water, sanitary sewer and stormwater system of the City of Mountlake Terrace. (Ord. 2855 § 1 (Exh. A), 2024; Ord. 2394 § 3, 2005).

13.05.040 Utilities funds established and maintained.

The following utilities are hereby created and separate funds shall be established as follows:

A. “Water Fund” is hereby reestablished, confirmed and maintained.

B. “Sanitary Sewer Fund” is hereby reestablished, confirmed and maintained.

C. “Stormwater Fund” is hereby reestablished, confirmed and maintained.

All service charges for the respective funds shall be deposited in that fund, to be used only for the purpose of paying all or any part of the cost and expense of providing services or to pay or secure the payment of all or any portion of any issue of general obligation or revenue bonds issued for each respective utility. (Ord. 2855 § 1 (Exh. A), 2024; Ord. 2496 § 1, 2008; Ord. 2394 § 4, 2005).

13.05.050 Transfer of property to respective utility funds.

The City Council directs that the funds currently held for City water, sanitary sewer and stormwater be transferred to the appropriate respective funds established and created herein. Accordingly, all the City’s above-mentioned facilities pertaining to the respective utilities, including the rights and interests as a part thereof or as they relate to or concern water, sanitary sewer, and stormwater, are hereby directed to be transferred to their respective utility funds created by this chapter. (Ord. 2855 § 1 (Exh. A), 2024; Ord. 2394 § 5, 2005).

13.05.060 Authority – Construction.

This chapter constitutes an exercise of the police power of the City to promote the public health, safety and welfare, and its provisions shall be liberally construed for the accomplishment of that purpose. (Ord. 2855 § 1 (Exh. A), 2024; Ord. 2394 § 6, 2005).

13.05.070 Applications – Water, sanitary sewer and stormwater service.

All applications for water, sanitary sewer and stormwater service shall be made at the City on the electronic forms furnished by the City by the owner or agent of the property to be served. Each single-family residence, multifamily residential unit, and nonresidential structure shall be considered an individual consumer. Each single-family residence, multiple-family residential structure and nonresidential structure shall be supplied water through a separate meter and service connection. (Ord. 2855 § 1 (Exh. A), 2024; Ord. 2394 § 7, 2005).

13.05.080 Water meters.

All water meters shall be, and remain, the property and responsibility of the City. Owners of water services are responsible for all leaks or damage from privately owned services defined as those lines between the water meter and the structure or use being served. Property owners shall be responsible for ensuring that the City-owned water meter(s) are kept free of any and all obstructions and/or coverings that would prevent in any manner access, inspection or reading, maintenance or replacement of the water meter(s) by City personnel. An area around the meter shall be kept clear; this clearance area shall be a minimum of three feet on three sides of the meter and one-half foot on the fourth side and six feet in height. Meters installed after December 1, 2005, and meters not enclosed by a fence prior to that date, shall not be enclosed by fencing. (Ord. 2855 § 1 (Exh. A), 2024; Ord. 2394 § 8, 2005).

13.05.090 Water service to City residents solely unless approved.

Water service shall be provided only to structures within the corporate limits unless otherwise approved by the City Council. Properties completely surrounded by the corporate limits of the City and connected to City water mains shall have their water service metered and billed by the City whether they are formally annexed into the City or not. (Ord. 2855 § 1 (Exh. A), 2024; Ord. 2759 § 2, 2019; Ord. 2394 § 9, 2005).

13.05.100 Water service connection/installation – General.

The fee for new water services shall consist of a “capital improvement/buy-in fee” plus the cost of any improvements installed by the City, referred to as an “installation fee.” These two fees (capital improvement/buy-in and installation) combined are referred to as the “connection fee.” (Ord. 2855 § 1 (Exh. A), 2024; Ord. 2644 § 3, 2014; Ord. 2394 § 10, 2005).

13.05.110 Water service capital improvement and installation fees.

Water capital improvement fees shall be imposed on new water connections and installations as follows:

A. Meters shall be charged according to the schedule of capital improvement (water connection fees). The fees are fully due and payable prior to the installation.

B. Meters installed by City Public Works shall be charged a fee as adopted by City Council resolution. The customer shall also be required to pay the capital improvement fee.

C. Owners or developers of single-family residential homes with residential fire sprinkler systems shall be charged only one equivalent residential unit (ERU) for up to a one-inch meter at the time of service connection.

The capital improvement (buy-in) fee and installation fee, which is effective January 1, 2019, unless and until amended by the City Council, shall be as adopted in the most recent Utility Connection Fees Developer Installation document. (Ord. 2855 § 1 (Exh. A), 2024; Ord. 2799 § 2, 2021; Ord. 2738 § 1, 2018; Ord. 2644 § 4, 2014; Ord. 2556 § 1, 2010; Ord. 2394 § 11, 2005).

13.05.120 Water service fees – General.

The charges for water service shall be comprised of a base bimonthly charge and a commodity charge based on the metered volume of water consumption. Bimonthly billing will commence at the time the water service, meter and meter box are installed.

A. Upon shutoff of a water supply due to nonpayment or an approved request, the consumer will continue to be billed the bimonthly water service charge for the entire period of disconnection.

B. Bimonthly water service charges shall not be applied to a customer who has their meter removed and the service line is capped. The customer shall incur and be responsible for the charges associated with the removal of the meter and capping of the service line. The customer shall also be responsible for the charges associated with reinstallation of the meter and reactivation of the account.

C. Bimonthly water service charges shall not be applied upon demolition of the structure or upon declaration by the Building Official that the unit is uninhabitable.

D. An account charge based upon cost of service for time and materials will be made for each customer request to have the accuracy of the service meter checked. If the test results indicate that the allowable error of measurement is greater than that set by the American Water Works Association (AWWA), such that the account has been overcharged, the account charge will be rescinded.

E. In the event any connection to the City water system is made without paying the charges required by this chapter, the owners of the property to which the connection is made shall be guilty of a violation of this chapter and be subject to a civil infraction in an amount not to exceed $1,000 for each violation. A person is guilty of a separate violation for each day during which he commits, continues, or permits a violation of any provision or regulation made pursuant to this chapter. The City Hearing Examiner is authorized to hear and decide contested civil infractions issued for any violations of this chapter. (Ord. 2855 § 1 (Exh. A), 2024; Ord. 2394 § 12, 2005).

13.05.130 Utility charges – Water service.

The base charge (billed bimonthly) for water service for each service shall be as shown in the most recently adopted Utility Rates Update. (Ord. 2855 § 1 (Exh. A), 2024; Ord. 2738 § 2, 2018; Ord. 2540 § 1, 2010; Ord. 2435 § 1, 2006; Ord. 2394 § 13, 2005).

13.05.140 Cross-connections eliminated.

WAC 248-54-285 mandates that water purveyors protect their customers from contamination due to cross-connections. WAC 248-54-285 and Chapter 13.45 MTMC require that all potential and actual cross-connections be eliminated, or that state-approved backflow prevention assemblies be installed.

A. Furnishing of service shall be contingent upon the customer providing cross-connection control approved by the appropriate health authority and the City for protecting the City water supply from backflow. Backflow prevention assemblies required to be installed shall be models approved by the Washington State Department of Social and Health Services.

B. When inspection and annual testing of backflow prevention assemblies are required by these regulations, water customers with water systems containing these assemblies shall be responsible for having the inspections and tests performed, and filing the inspection and test results with the City to document that the assemblies are functioning properly. The cost of inspecting, testing, repairing, replacing and maintaining the assemblies, and filing the results, shall be borne by the water customer. Filing of inspection and test results shall be done within 30 days of notification from the City. Inspection and testing of backflow prevention assemblies shall be performed by a state-certified backflow assembly tester (BAT).

C. City personnel will maintain and conduct a program of inspections of premises of water customers to identify cross-connections. If potential or actual cross-connections exist, the water customer shall be notified and directed to eliminate the condition. The water supply shall be discontinued (terminated) to any premises for failure to comply with the provisions of this section.

D. If in the opinion of the City an immediate hazard to health is caused by the cross-connection, water service to the premises shall be immediately discontinued (terminated) until the cross-connection has been eliminated or protected. (Ord. 2855 § 1 (Exh. A), 2024; Ord. 2394 § 17, 2005. Formerly 13.05.170).

13.05.150 Unlawful acts.

It is unlawful for any person, firm, corporation, or other organization of any type whatsoever to take, or allow to be taken, water from the Mountlake Terrace water system without a valid approval by the City of Mountlake Terrace.

A. Any person, including the officers and/or directors of any firm, corporation or other organization of any type, who shall take water from the City of Mountlake Terrace water system without such permit shall be guilty of a misdemeanor and subject to a penalty of up to $1,000 and/or 90 days in jail. In addition to such penalties, there shall be a charge by the City of Mountlake Terrace for the taking of such water at a minimum of $200.00 plus a charge at double (two times) the current rate of water taken. Said water charge may be charged against the premises from which the water was taken and enforced by available liens or, where applicable, against the individual, firm, corporation or other organization of any type, including the officers and directors thereof, who took, or caused to be taken, said unauthorized water.

B. In addition to any penalty provided for in this chapter, any person violating or failing to comply with any of the provisions of this chapter may be assessed a civil penalty by the Public Works Director, or their designee, in the maximum amount of $1,000 per violation. For continuing violations, each day of violation shall be considered a separate offense and a separate civil penalty may be assessed for each day the violation continues. (Ord. 2855 § 1 (Exh. A), 2024; Ord. 2394 § 18, 2005. Formerly 13.05.180).

13.05.160 Sanitary sewer service to City residents solely unless approved.

Sanitary sewer service shall be provided only to structures within the corporate limits unless otherwise approved by the City Council. (Ord. 2855 § 1 (Exh. A), 2024; Ord. 2394 § 19, 2005. Formerly 13.05.190).

13.05.170 Sanitary sewer capital facilities charges and sewer installations – General.

The fee for sanitary sewer services shall consist of a capital facilities charge and other fees identified in the then current schedule of fees.

A. All sanitary sewer service laterals from existing mains to the property line or easement edges to existing single-family residential uses shall be installed by a qualified contractor or the owner/developer.

B. All sanitary sewer services for subdivisions, site developments, and other non-single-family residential uses shall be installed by the owner/developer.

C. All materials for sanitary sewer installation shall be in compliance with City standards.

D. All sanitary sewer installations performed by owners/developers shall be subject to appropriate plan review and permit fees, in addition to capital facilities charge and other fees as set forth in the current fee schedule. (Ord. 2855 § 1 (Exh. A), 2024; Ord. 2759 § 3, 2019; Ord. 2394 § 20, 2005. Formerly 13.05.200).

13.05.180 Sanitary sewer capital facilities charge.

Sewer capital facilities charges shall be imposed on sewer connections. The sanitary sewer capital facilities charges and permit schedule fees are fully due and payable prior to installation/connection.

Fees shall be charged according to the most recently adopted Utility Connection Fees Developer Installation document. (Ord. 2855 § 1 (Exh. A), 2024; Ord. 2759 § 4, 2019; Ord. 2644 § 6, 2014; Ord. 2556 § 2, 2010; Ord. 2394 § 21, 2005. Formerly 13.05.210).

13.05.190 Sanitary sewer service fees – General.

The charges for sewer service shall be comprised of a base bimonthly charge and a treatment charge based on the metered volume of water consumption. Specific charges shall be as shown in the most recently adopted Utility Rates Update.

A. Bimonthly billing for sewer will commence at the time the water meter is connected, or at the time the sewer connection is completed, or upon expiration of the 90-day period following written notice that sewer service is available if no connection is made. When connection to the sewer system is delayed as allowed in accordance with MTMC 13.20.040, the bimonthly billing for sewer will be at 50 percent of the base rate for the period of approved delay.

B. Upon shutoff of a water supply due to nonpayment or an approved request, the consumer will continue to be billed the base bimonthly sewer service charge for the entire period of disconnection.

C. Bimonthly sewer service charges shall not be applied to a customer who has their water meter removed and the water service line capped. The customer shall incur and be responsible for the charges associated with the removal of the water meter and capping of the water service line. The customer shall also be responsible for the charges associated with reactivation of the account.

D. Bimonthly sewer service charges shall not be applied upon demolition of the structure, or upon determination by the Building Official that a unit is uninhabitable. (Ord. 2855 § 1 (Exh. A), 2024; Ord. 2394 § 23, 2005. Formerly 13.05.230).

13.05.200 Unlawful acts.

The following connections to the sanitary sewer system are prohibited and unlawful: gutter drains, down spouts, stormwater collection systems, cesspools, septic tank privy vaults, cisterns, footing drains or any other connection determined by the City Engineer, or their designee, to be principally a storm drain or which is principally a conduit for stormwater.

In addition to any penalty provided for in this chapter, any person violating or failing to comply with any of the provisions of this chapter may be assessed a civil penalty by the Public Works Director, or their designee, in the maximum amount of $1,000 per violation. A person is guilty of a separate violation for each day during which he commits, continues, or permits a violation of any provision or regulation made pursuant to this chapter. (Ord. 2855 § 1 (Exh. A), 2024; Ord. 2394 § 29, 2005. Formerly 13.05.290).

13.05.210 Exception to connections to sanitary sewer system.

MTMC 13.05.200 is not applicable to commercial or industrial customers who presently have approval, or obtain approval, from the City to divert stormwater runoff to the sanitary sewer system. Those customers with valid approval shall pay on a special basis and have special rates set for the particular single-family residences, multifamily structures, commercial businesses, industries or manufacturing concerns by the Public Works Director, or their designee, and the Public Works Director, or their designee, is authorized and directed to administratively set such fees. (Ord. 2855 § 1 (Exh. A), 2024; Ord. 2394 § 30, 2005. Formerly 13.05.300).

13.05.220 Stormwater utility – Administration.

The Mountlake Terrace stormwater utility shall be administered and enforced by the Mountlake Terrace City Engineer or their designee. The Public Works Director, or their designee, is hereby authorized to specify such stormwater facility operation, maintenance, and performance standards as necessary to implement the requirements of this chapter. (Ord. 2855 § 1 (Exh. A), 2024; Ord. 2394 § 31, 2005. Formerly 13.05.310).

13.05.230 Liability disclaimer.

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 the ordinance codified in this chapter does not imply that property liable for the stormwater drainage charge shall always be free from stormwater flooding or flood drainage. Further, this chapter does not purport to reduce the need or the necessity for any property owner to obtain flood insurance. (Ord. 2855 § 1 (Exh. A), 2024; Ord. 2394 § 32, 2005. Formerly 13.05.320).

13.05.240 Storm utility charge system established – Charges imposed.

Effective January 1, 2000, the Public Works Director, or their designee, shall classify all properties in the City into rate categories according to their degree of impervious surface coverage. Effective January 1, 2000, the City will impose on all property located within the City limits a stormwater service charge. (Ord. 2855 § 1 (Exh. A), 2024; Ord. 2394 § 33, 2005. Formerly 13.05.330).

13.05.250 Stormwater capital facilities charge.

Stormwater capital facilities charges shall be imposed on all new development. The charge for stormwater capital facilities shall be established by the most recently adopted Utility Connection Fees Developer Installation document. (Ord. 2855 § 1 (Exh. A), 2024; Ord. 2759 § 11, 2019; Ord. 2394 § 34, 2005. Formerly 13.05.340).

13.05.260 Description of stormwater rate structure.

A stormwater ERU is equal to 2,282 square feet of impervious surface in the City of Mountlake Terrace. All single-family residential and townhome accounts shall be considered equal to one equivalent residential unit (ERU) for billing purposes. Duplexes shall be considered equal to two equivalent residential units (ERU) for billing purposes. For all other parcels, the total amount of impervious surface and the percentage of the parcel which is impervious will be used to calculate the applicable stormwater service charge.

A. Calculation of Billable ERUs for Non-Single-Family, Non-Duplex Parcels. The following method shall be used to establish billable ERUs for each account:

Step 1: Total ERUs are determined by calculating the following equation: Impervious area per lot (in square feet)/2,282 square feet (base ERU equivalent) = Total ERUs.

Step 2: Determine the total billable ERUs by applying the appropriate impervious surface coverage factor, based on the percentage of impervious surface on the property. The following table provides the impervious surface coverage factors:

Impervious Surface Coverage	Factor
1% – 20%	0.50
21% – 40%	1.00
41% – 70%	1.50
Over 70%	2.00
Total ERUs × Impervious Surface Coverage Factor = Total Billable ERUs.

Step 3: Total Billable ERUs × ERU Bimonthly Rate = Total Bimonthly Bill.

B. The service charge (billed bimonthly) for each parcel within the service area shall be as shown in the most recently adopted Utility Rates Update. Rates listed for each subsequent year shall be in effect on January 1st of the year listed, unless and until amended by City Council action.

C. Start of Bimonthly Service Charge. Bimonthly billing shall commence no earlier than the point in time that the parcel is one percent impervious, nor later than the time of completion of construction, as determined by the Public Works Director, or their designee.

D. City Reserves the Right to Make Changes. The City may supplement or alter charges within subareas of the City so as to charge properties or parcels of one subarea for improvements, studies, or maintenance which the City Council deems to provide service or that benefit the property owners of one subarea. (Ord. 2855 § 1 (Exh. A), 2024; Ord. 2759 § 12, 2019; Ord. 2585 § 1, 2011; Ord. 2509 § 1, 2009; Ord. 2490 § 1, 2008; Ord. 2435 § 9, 2006; Ord. 2394 § 35, 2005. Formerly 13.05.350).

13.05.270 Stormwater service charge changes and discounts.

A. Periodically, the Public Works Director, or their designee, may audit stormwater accounts for accuracy and address any discrepancies. In addition, any person billed for stormwater service charges may file a “request for rate adjustment” with the Public Works Director, or their designee, within two years of the first billing issued for the underlying rate charge. However, filing of such a request does not extend the period for payment of charges.

B. Requests for fee adjustment may be granted or approved by the Public Works Director, or their designee, only when one or more of the following conditions exist:

1. The acreage of the parcel charged is in error.

2. The impervious area of the parcel charged is in error.

3. The parcel is non-single-family residential and the actual impervious surface coverage of the parcel charged places it in a different rate category than the rate category assigned by the Public Works Director or their designee.

4. Non-single-family residential parcels may be eligible for the following reduction in charges, set forth as follows:

a. Properties are eligible for a 25 percent reduction in the total stormwater service charge if the following conditions are met:

i. The property must have a stormwater flow control or stormwater water quality improvement system, for example, a detention pond, pipe, or vault; water quality treatment system; biofiltration swale; or other stormwater facility for the purpose of flow control and/or runoff treatment. The private facility may be on site or off site.

ii. Collection and conveyance stormwater systems without flow control or water quality features are not eligible for stormwater service charge reductions.

iii. Stormwater facilities are operated and maintained by the property owner in accordance with the City’s National Pollutant Discharge Elimination System (NPDES) permit from the Washington Department of Ecology. Maintenance shall be verified by City staff on an annual basis.

b. For all parcels currently receiving 50 percent reductions which also meet the conditions set in subsections (B)(4)(a)(i) through (B)(4)(a)(iii) of this section, the stormwater service charge reduction will be decreased by five percent each year beginning January 1, 2020, and each year thereafter on January 1st, to a 25 percent reduction on January 1, 2024.

c. New or remodeled commercial buildings utilizing a permissive rainwater harvesting system, properly sized to utilize the available roof surface of the building, are eligible for a 10 percent reduction in total stormwater service charge, as per RCW 35.67.020(3). The City will consider rate reductions in excess of 10 percent dependent upon the amount of rainwater harvested. (Ord. 2855 § 1 (Exh. A), 2024; Ord. 2759 § 13, 2019; Ord. 2394 § 36, 2005. Formerly 13.05.360).

13.05.280 Request for water, sewer, or stormwater utility service charge adjustment.

Requests for utility service charge adjustments shall be in accordance with RCW 4.16.040(2), statute of limitations for underpayments, and RCW 4.16.080(4), overpayments, and shall be conditioned on the following:

A. The property owner shall have the burden of proving that the adjustment sought should be granted.

B. Decisions on requests for service charge adjustments shall be made by the Public Works Director, or their designee, 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 Public Works Director’s, or their designee’s, decision. If an adjustment is granted which reduces the charge, the property owner shall be refunded the amount overpaid for up to the applicable statute of limitations period.

C. If the Public Works Director, or their designee, 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 shall be billed to the property owner for up to the applicable statute of limitations. This amended bill shall be due and payable under the provisions set forth herein.

D. Decisions of the Public Works Director, or their designee, on requests for rate adjustments shall be final unless, within 30 days of the date the decision was mailed, the applicant files a petition for a writ of certiorari in the superior court with jurisdiction. (Ord. 2855 § 1 (Exh. A), 2024; Ord. 2759 § 14, 2019. Formerly 13.05.365).

13.05.290 Billing, payment and delinquency for water, sewer, and stormwater.

A. All accounts for utilities shall be kept in the name of the owner of the property, and the current owner shall be held responsible for all utility charges. The tenant may be a secondary name on the utility account, although the addition of a tenant name does not release the property owner from any responsibilities for fees and charges or penalties.

B. There is authorized and directed the establishment of a consolidated utility billing for water, sanitary sewer, and stormwater.

C. All charges for each utility service shall be due and payable on or before the thirtieth day after the billing date. Any charges not paid before the thirty-first day after the billing date shall be delinquent. An additional charge of 10 percent of the current charges shall be added to any account not paid before the thirty-first day after the billing date.

D. All charges for connection and services provided in this chapter, or as may be hereafter amended, together with penalties and interest thereon, shall be a lien upon the property with which such connections are made or to which such services are rendered, superior to all other liens and encumbrances whatsoever, except for general taxes and local special assessments. Enforcement of such lien or liens shall be in the manner provided by law. As an additional and concurrent method of enforcing the lien of said delinquent charges, the Public Works Director or representative is authorized after the date of the first delinquency to shut off the water service.

E. All sums received on the utility billing shall be applied to each account in the following order:

1. Penalties;

2. Service fees;

3. Stormwater charges;

4. Sewer charges;

5. Water or irrigation charges.

F. The City will provide notification of service termination due to nonpayment of the utility bill to the property owner and tenant of record, if any. In addition, a notice will also be sent to the occupant. Notices will be sent via U.S. mail. Any customer may, within 10 days of written notification, appeal the pending termination of water service to the Public Works Director, or their designee, by filing a written notice of appeal setting forth the grounds therefor with the City Clerk. The Public Works Director, or their designee, shall respond within 10 days of receiving the written notice of appeal. After considering the appeal, the Public Works Director shall, after appropriate findings of fact and conclusions of law, affirm, modify, or overrule the termination of water service and may impose any terms upon the continuance of water service which the Public Works Director may deem advisable. No termination of water/sewer shall take effect until 10 days after mailing of the notice of the Public Works Director’s determination to the customer.

G. Except in case of danger to life or property, no disconnection shall be accomplished on Saturdays, Sundays, legal holidays, or on any other day on which the utility cannot reestablish service on the same or following day.

H. When the City Manager, or their designee, declares a public epidemic, arson threat, or public disaster, no water service shall be turned off unless it is in the interest of public protection until such time as the City Manager, or their designee, determines the disaster or the threat is ended.

I. The Public Works Director, or their designee, is authorized to administratively set the fee for the following occurrences which shall include recovery of costs for field and office time:

1. Delinquent account turn-off/on occurring during regular posted business hours.

2. Delinquent account turn-on after regular posted business hours.

3. Delinquent account lock-off/meter pull.

4. Broken padlock/angle stops.

5. Current account turn-off/on after regular posted business hours.

6. New account setup for changing account records to reflect change of property owner or change of tenant.

7. In addition, the Public Works Director is authorized to set other cost-based service fees as the need arises.

J. In addition, in the event that a utility customer has permitted a utility account to become delinquent as hereinabove defined, then the Public Works Director, or their designee, may at their discretion require a security deposit in an amount equal to the estimated bimonthly charge therefor as a condition to continuance of utility service. Notice of the requirement of such security deposit shall be given to the customer in writing by mail addressed to the premises served.

K. The delinquent account turn-off fee applies at the moment of dispatch.

L. Emergency turn-off and turn-on requests, which necessitate immediate action, will be completed without fee during regular posted business hours.

M. A new account set-up fee of $10.00 will be charged for changing account records to reflect change of property owner or change of tenant. (Ord. 2855 § 1 (Exh. A), 2024; Ord. 2843 § 1, 2024; Ord. 2759 § 15, 2019; Ord. 2394 § 37, 2005. Formerly 13.05.370).

13.05.300 Utility discount for low income senior and disabled citizens.

Mountlake Terrace property owners over the age of 62 living on the property in a household with an aggregate income as shown in the table below as now or hereafter amended shall be eligible to qualify for a 30 percent discount on water, sewer and stormwater charges. Mountlake Terrace disabled property owners who qualify for special parking as defined by RCW 46.16.381, are blind as defined by RCW 74.18.020, or are disabled, handicapped, or incapacitated as defined by any other existing state or federal program and are living on the property in a household with an aggregate income as shown in the table below as now or hereafter amended shall be eligible to qualify for a 30 percent discount on water, sewer and stormwater charges. To qualify for the 30 percent discount, applicants must complete an application form provided by the City and submit proof of income to the Public Works Director or designee. The discount will be effective with the next regular billing following approval of an application.

Household Size	Income Threshold
1 Person	Income threshold 1 per RCW 84.36.383
2 People	Income threshold 1 per RCW 84.36.383
3 People	Income threshold 2 per RCW 84.36.383
4 People	Income threshold 2 per RCW 84.36.383
5 People	Income threshold 3 per RCW 84.36.383
6 People	Income threshold 3 per RCW 84.36.383

(Ord. 2855 § 1 (Exh. A), 2024; Ord. 2829 § 1, 2023; Ord. 2783 § 1, 2021; Ord. 2759 § 16, 2019; Ord. 2738 § 7, 2018; Ord. 2435 § 10, 2006. Formerly 13.05.375).

13.05.310 Utility illegal connections.

No person shall make any connection with either the water, stormwater or sanitary sewer system, or add to an existing connection, without first obtaining a permit as herein required. (Ord. 2855 § 1 (Exh. A), 2024; Ord. 2759 § 17, 2019; Ord. 2394 § 38, 2005. Formerly 13.05.380).

13.05.320 Utility violations – Penalty.

In addition to all civil rights of collection, liens, shutoff and other remedies available to the City of Mountlake Terrace as prescribed by Washington statute and ordinance for unauthorized use and/or nonpayment of charges, and/or unlawful acts prescribed by this chapter, any person, firm, corporation or other organization, including any officers, directors and managers thereof, who violates any provision of this chapter shall be guilty of a misdemeanor and subject to penalties of up to $1,000 and/or 90 days in jail. (Ord. 2855 § 1 (Exh. A), 2024; Ord. 2759 § 18, 2019; Ord. 2394 § 39, 2005. Formerly 13.05.390).