Chapter 13.16
STORM DRAINAGE SYSTEM
Sections:
13.16.030 Rates for surface water drainage service.
13.16.045 Annual review of service charges.
13.16.010 Purpose.
The ordinance codified in this chapter is adopted to establish the rates, fees, and charges to be levied against property in the city for the use of the surface water drainage system. The ordinance codified in this chapter is adopted under the authority granted by Ordinance 611, dated July 18, 1988, creating the city surface water drainage utility under the authority to Chapter 35.67 RCW. The rates for surface water drainage service are adopted in order to fund the necessary operation, maintenance and improvement to the city’s surface water drainage system. (Ord. 1390 § 2 (Exh. A) (part), 2016: Ord. 634 § 1, 1988)
13.16.020 Definitions.
Words and phrases when used in this chapter shall have the meanings as defined in Chapter 17.08, Definitions. Words not defined shall have their usual meanings as commonly understood. (Ord. 1390 § 2 (Exh. A) (part), 2016: Ord. 634 § 2, 1988)
13.16.030 Rates for surface water drainage service.
The owners of all real property in the city which contribute drainage runoff to and/or which benefit from the city’s surface water drainage system shall pay a monthly fee as set forth in this section.
A. Single-Family and Duplex Residential Service Charges. Monthly service charges for each single-family and each duplex residential dwelling unit shall be as set forth in the surface water utility monthly charges fee schedule included in the city of Mukilteo fees and charges resolution adopted by the city council.
B. Commercial/Multifamily and Nonresidential Property Service Charges. The monthly fee for all commercial/multifamily and other nonresidential properties shall be computed in accordance with the following formula, and in accordance with the surface water utility monthly charges fee schedule included in the city of Mukilteo fees and charges resolution adopted by the city council:
|
Hard Surface Area (in SF) |
= 1 ERU |
|
2,500 SF |
Monthly fee = ERU x (SFD service charge)
Where:
|
HARD SURFACE AREA = See Section 17.08.020 |
|
|
SF |
= Square feet |
|
ERU |
= Equivalent residential units |
|
SFD |
= Single-family/duplex |
C. Application to All Properties. These rates shall apply to all properties within the city, including those properties classified as nonprofit or tax-exempt for ad valorem tax purposes. It shall apply to all government properties, including properties of the city such as city-owned buildings, parks, and other properties. It shall not apply to city streets or state highway right-of-ways within the city. Surface water service charges shall not be levied against undeveloped property that has not been altered from its natural state as defined under Section 17.08.020 hard surface area. Farmland, gardens, and landscaped areas shall also be exempt except for any roads, parking or structures associated therewith.
D. Special Storm Drainage Rates.
1. Citizens meeting the qualifications for low-income senior citizens and low-income disabled citizens set forth in RCW 74.38.070 shall be charged for monthly storm drainage service at a discount of fifty percent of the residential rate for single-family.
2. Claimants for said reduction shall own a single-family home that is their primary residence and live within the corporate limits of the city.
3. Low-income senior citizen claimants shall be required to have a valid property tax exemption from the county, pursuant to state statute.
4. Low-income disabled citizen claimants shall be receiving permanent Social Security disability payments and meet current income criteria as established by state statute.
5. Claimants for special storm drainage rates shall provide evidence annually to the city that they meet the qualifications as set forth in this chapter. (Ord. 1390 § 2 (Exh. A) (part), 2016: Ord. 1372 § 1, 2015; Ord. 1146 § 1, 2005; Ord. 1091 § 1, 2004; Ord. 1068 § 1, 2002; Ord. 1046 § 1, 2001; Ord. 1006 § 2, 1999; Ord. 815, 1994; Ord. 739 § 1, 1993; Ord. 634 § 3, 1988)
13.16.040 Billing.
The fees imposed by this chapter shall be billed to the property owner, or if authorized in writing by the property owner, to the tenant. In either situation, the property owner will be responsible to pay all delinquent or unpaid surface water drainage service charges. Such fees shall be due and payable as provided herein. (Ord. 1390 § 2 (Exh. A) (part), 2016: Ord. 634 § 4, 1988)
13.16.041 New account charge.
A new account charge in the amount of one-half of the new account charge in effect in the Mukilteo water district is imposed on all new surface water accounts and surface water account charges for properties which are not otherwise served by the Mukilteo water district. The charge is necessary to defray expenses of setting up new accounts and making account charges for accounts to be billed by the Mukilteo water district under contract with the city. (Ord. 1390 § 2 (Exh. A) (part), 2016: Ord. 792 § 3, 1994)
13.16.045 Annual review of service charges.
The city council shall review the service charges established by Section 13.16.030 on an annual basis in order to ensure that the same continue to reflect the utility’s capital, operating and maintenance needs and provide for an equitable system of rates and charges for all classes of customers. (Ord. 1390 § 2 (Exh. A) (part), 2016: Ord. 792 § 5, 1994)
13.16.070 Appeals.
A. Any customer or property owner who feels that the surface water drainage service charge for their property has been incorrectly computed may petition, in writing, to the city engineer for a review of the computations. The petition shall include the reason for the dispute and evidence of the discrepancy. The director shall review the petition and render a decision. The director shall notify the petitioner of the engineer’s decision in writing.
B. If the petitioner is not satisfied with the determination of the city engineer, the petitioner may request the mayor or mayor’s designee to review the petition and the city engineer’s decision. The decision of the mayor or the mayor’s designee on the petition shall be final.
C. Any credits authorized by the appeal process shall only be effective against billings subsequent to the date of authorization. (Ord. 1390 § 2 (Exh. A) (part), 2016: Ord. 634 § 7, 1988)
13.16.080 Liens.
Pursuant to RCW 35.67.200, et seq., the city shall have a lien for delinquent or unpaid surface water drainage service charges. Enforcement and foreclosure of the lien(s) 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. (Ord. 1390 § 2 (Exh. A) (part), 2016: Ord. 634 § 8, 1988)