Chapter 13.08
SEWERS
13.08.000 Chapter Contents
Sections:
ARTICLE I. SEWER CONNECTIONS
13.08.005 Purpose and policy.
13.08.010 Definitions.
13.08.020 Connection required when.
13.08.030 Permit required to open public sewer.
13.08.040 Side Sewer Installation and Maintenance.
13.08.050 Adoption of Wastewater Management Plan.
13.08.080 Work in streets or public places.
13.08.120 Public notice that connection required--Construction and use--City action upon nonconnection.
13.08.150 Tampering with and depositing rubbish in public sewer--Prohibited discharges.
13.08.180 Sewer service outside city limits.
13.08.185 Sewer service outside city limits--Agreements to run with the land.
ARTICLE II. SEWER RATES
13.08.190 Sewer rates--Definitions.
13.08.200 Payment of sewer bills.
13.08.205 Sewer general facility charges.
13.08.210 LOTT capacity development charge--Payment.
13.08.215 Septic to Sewer Program and line extension charges.
13.08.220 Charges become lien on property--Enforcement.
13.08.230 Shutting off water upon default--Reconnection charge.
ARTICLE III. AREA SERVICE CHARGE
13.08.290 Charges become lien on property.
ARTICLE IV. VIOLATIONS
13.08.380 Violations--Penalties.
(Ord. 6774 §4, 2011; Ord. 6647 §1, 2009; Ord. 6486 §1, 2007).
ARTICLE I. SEWER CONNECTIONS
13.08.005 Purpose and policy
This Article sets forth uniform requirements for connection and use of the public sewer owned by the City of Olympia. This Article shall apply to all users of the public sewer regardless of in which jurisdiction the premises being served is located. (Ord. 6774 §4, 2011).
13.08.010 Definitions
For the purpose of this Article:
A. "City Engineer" means the City Engineer of the City of Olympia, or his/her designee, who has the duty and authority to enforce the codes and standards adopted by the City Council, as they relate to the development and operation of the City’s infrastructure by private development, including other governmental agencies, and City projects.
B. "Domestic user" shall mean any person who contributes, causes, or allows the contribution of wastewater into the POTW that is of a similar volume and/or chemical make-up as that of a residential dwelling unit. Discharges from a residential dwelling unit include up to 900 cu.ft. of flow, with up to 300 mg/l of Biological Oxygen Demand and 300 mg/l of Total Suspended Solids per month.
C. "Industrial user" shall mean any Person with a source of discharge which does not qualify that person as a Domestic User who discharges an effluent into the POTW by means of pipes, conduits, pumping stations, force mains, tank trucks, constructed drainage ditches, intercepting ditches, and any constructed devices and appliances appurtenant thereto.
D. "Person" means natural persons of either sex, associations, copartnerships and corporations, whether acting by themselves or by a servant, agent, or employee. The singular number includes the plural, and the masculine pronoun includes the feminine.
E. "Publicly Owned Treatment Works or POTW" shall mean a treatment works, as defined by Section 212 of the Federal Water Pollution Control Act, also known as the Clean Water Act (33 U.S.C. Section 1292). This definition includes any devices or systems used in the collection, storage, treatment, recycling, and reclamation of sewage or industrial wastes of a liquid nature and any conveyances, including sanitary sewer and storm sewer collection systems, which convey wastewater to a treatment plant.
F. "Public combined sewer" shall mean that portion of the public sewer system (excluding side sewers) intended to collect both sanitary sewage and stormwater in a single sewer system and located within public rights-of-way or easements and operated and maintained by the City.
G. "Public sewer" shall mean that portion of the sanitary sewer system (excluding side sewers) located within public rights-of-way or easements and operated and maintained by the City.
H. "Side sewer" means that portion of the sewer beginning 2 feet outside the outer foundation wall of the structure, to and including the connection to the public sewer main.
(Ord. 6774 §4, 2011; Ord. 6486 §2, 2007; Ord. 1210 §21, 1912).
13.08.020 Connection required when
The owner or occupant of any lands, buildings or premises to which a public sewer is currently or becomes adjacent and available, shall not be required to connect the lands, buildings or premises to the public sewer so long as the property is served by an existing lawfully functioning individual onsite sewage system. In the event any lands, buildings, or premises are served by an individual onsite sewage system which fails to function and there is a public sewer adjacent and available within 300 feet of the property by way of a public right-of-way or easement, the owner or occupant shall be required to connect the property to the public sewer. In the event lands, buildings, and premises are served by an individual onsite sewage system which fails to function and there is no public sewer adjacent and available and a replacement individual system cannot be lawfully approved to serve the property, it must nevertheless be connected to the public sewer.
(Ord. 6774 §4, 2011; Ord. 6486 §3, 2007; Ord. 5784 §1, 1998; Ord. 5197 §2, 1991; Ord. 4013 §1, 1977; Ord. 3602 §1, 1970; Ord. 2087 § 1, 2, 1928; Ord. 1210 §1, 1912).
13.08.030 Permit required to open public sewer
It is unlawful for any person to make any opening in any sewer or drain, or connect a private sewer or drain therewith without complying with all of the provisions of this article relating thereto and obtaining and having a permit to do so from the City Engineer. The Director of Public Works shall assess a fee as set forth in Title 4, Fees and Fines, of this code for each permit issued under this chapter.
(Ord. 6774 §4, 2011; Ord. 5126 §20, 1990; Ord. 4422 §7, 1983; Ord. 4229 §2, 1980; Ord. 4013 §7, 1977; Ord. 1960 §2 (part), 1926; Ord. 1210 §7, 1912).
13.08.040 Side Sewer Installation and Maintenance
All connections to the public sewer shall be made in a permanent and sanitary manner, subject to the approval of the City Engineer and in accordance with the public works standard specifications, engineering design and development standards and uniform plumbing code of the City. The property owner is responsible for all costs and expense incidental to the installation, connection and maintenance of a side sewer, including that portion within the city right-of-way or utility easement. The City shall not be liable for any damages or costs incurred by reason of blockage or deterioration of a side sewer, up to and including its connection with the public sewer main.
(Ord. 6774 §4, 2011; Ord. 6486 §4, 2007).
13.08.050 Adoption of Wastewater Management Plan
There is hereby adopted by reference as Exhibit "A" the "City of Olympia Wastewater Management Plan, with 2007 amendments," a copy of which shall be kept on file in the offices of the City Clerk and the Public Works Department. This plan shall be considered a part of this ordinance as though fully set forth herein. Specific substantive requirements of the plan include:
A. New onsite sewage systems shall be permitted within the city limits only to serve a single family residence, provided:
1. The property being served is an undeveloped lot of record larger than one (1) acre located more than 300 feet from the sewer and the lot existed prior to November 21, 2006;
2. The lot size determination shall include only those portions of a lot unencumbered by flood hazards, wetlands and/or landslide hazards as defined in OMC 18.32;
3. Permitted onsite sewage systems shall be considered interim facilities and must be designed for conversion to the public sewer when sewer becomes available;
4. Development of properties with onsite sewage systems shall be in accordance with the Residential Districts’ Development Standards for Developments without Public Sewer on Individual Lots, in OMC Section 18.04.080(E)(2).
B. All properties being served by onsite sewage systems and located within the urban growth boundary including those within the city limits shall enter into an appropriate agreement with the City agreeing to connect the residence directly to the public sewer in accordance with the provisions herein, within one (1) year after date of official notice to connect, provided that the sewer is within 300 feet of the property. A user can avoid incurring the charges provided herein by discontinuing the generation or discharge of any waste from the site and capping the wastewater connection. The capping of the wastewater connection must pass City inspection. In addition, the following shall apply to these new onsite sewage systems:
1. Application fees as established by the City Council shall be paid upon the submittal of a signed Onsite Sewage System Agreement requesting use of an onsite sewage system;
2. The cost of the sewer extension shall be borne in whole by the applicant for sewer services, subject to any provisions in effect at the time of connection for latecomer reimbursement;
3. The agreement shall not be executed prior to the time formal application is made for approval of the project for which onsite sewage system is requested. Said agreement shall terminate at the time any project application or approval expires or is revoked for any reason. A new agreement shall also be required for any extension of project applications or approvals, or when in the opinion of the Director of Community Planning and Development a substantial change or addition is made to the project; and
4. Following execution, the agreement shall be recorded by the City in the records of the Thurston County Auditor, at the cost of the applicant.
C. New septic tank effluent pump (S.T.E.P.) systems shall be permitted provided:
1. The property being served is a lot of record existing prior to February 15, 2005 abutting on any street, alley, right-of-way or easement in which there is now located a S.T.E.P. force main; or
2. The property is located within a subdivision vested as of July 2005 in accordance with Section 18.72.060, Determination of Complete Application.
D. New grinder pump systems shall be permitted only to serve properties provided:
1. The property being served is:
a. Contiguous to a gravity sewer, but terrain, natural features or other physical barriers prohibit a gravity connection;
b. The property being served is converting from an onsite sewage system to the sewer; or
c. The property being served is undeveloped and terrain, natural features or other physical barriers will prevent the orderly extension of the public sewer including the use of sewage pump stations.
2. All grinder pump sewer systems including the grinder pumps and side sewer shall be purchased, owned, and operated by the property owner.
3. Publicly-owned grinder pump force mains shall be permitted only when it is in the City’s best interest as determined by the City Engineer and only if the force main will be serving:
a. Existing residential properties where onsite sewage systems have failed or have been determined to be an impending health hazard by the Thurston County Health Department; or
b. Infill development in terrain-isolated areas.
(Ord. 6774 §4, 2011; Ord. 6486 §5, 2007).
13.08.080 Work in streets or public places
All work within the limits of any street or public place must be prosecuted to completion with due diligence by a licensed contractor. The contractor shall post a bond acceptable to the City Engineer prior to any street excavation. If in the judgment of the City Engineer or his inspector any excavation is left open beyond a reasonable time, he shall cause the same to be refilled, and the street restored forthwith to its former condition. Any costs incurred in such work shall be charged to the contractor in charge of such work or against his bond, and must be paid before he shall receive any future permit from the City.
(Ord. 6774 §4, 2011; Ord. 4013 §9, 1977; Ord. 1210 §13, 1912).
13.08.120 Public notice that connection required--Construction and use--City action upon nonconnection
A. All premises within 300 feet of a public sewer line by way of a public right-of-way or easement, shall be deemed to be within the area served by such public sewer.
B. Within the area to be served by the public sewer of the City as it now exists and as it may be improved and extended in the future, the owner of each lot or parcel of real property, upon which is a building or structure for human occupation or use for any purpose shall, within thirty days of notification by the City for connections to be made therewith, cause a connection to be made between the sewage system and each such building or structure.
C. Repealed by Ord. 6774.
D. If any connection to the public sewer is not made within the time provided in this Section, the City Engineer or such other employee of the City as the City Council may hereafter designate is authorized and directed to cause such connection to be made and to file a statement of the cost with the City Treasurer, and a check shall be issued under the direction of the City Council by the City Treasurer, and drawn on the sewer fund of the City for the payment of such cost. Such amount, together with a penalty of ten percent (10%), plus interest at the rate of six percent (6%) per year upon the total amount of such cost and penalty, shall be assessed against the property upon which the building or structure is situated, and shall become a lien thereon as provided in this chapter. Such total amount, when collected, shall be paid into the sewer fund.
(Ord. 6774 §4, 2011; Ord. 6486 §6, 2007; Ord. 3602 §2, 1970; Ord. 2905, 1955; Ord. 2681 §1, 1950).
13.08.150 Tampering with and depositing rubbish in public sewer--Prohibited discharges
A. It is unlawful for any person to break, damage, destroy, uncover, deface or tamper with any structure, facility, appurtenance or equipment which is a part of the public sewer of the City. It is unlawful for any person to deposit garbage, rubbish, soil materials or any substance having a tendency to obstruct the flow of any sewage in any pipe, manhole, cleanout or sewer opening.
B. No person shall discharge or cause to be discharged any stormwater, surface water, groundwater, roof runoff, subsurface drainage or cooling water to any public sewer. Stormwater and all other unpolluted drainage shall be discharged to such sewers as are specifically designated as storm sewers, or to a natural outlet approved by the City Engineer. Industrial users shall discharge sewage to the public sewer in compliance with all requirements of Chapter 13.20.
C. Except as hereinafter provided, no domestic user shall discharge or cause to be discharged, any of the following described waters or wastes to any public sewer:
1. Any liquid or vapor having a temperature higher than one hundred fifty degrees Fahrenheit;
2. Any water or waste which may contain more than one hundred parts per million, by weight, of fat, oil, or grease;
3. Any gasoline, benzene, naphtha, fuel oil, or other flammable or explosive liquid, solid or gas;
4. Any garbage, other than organic food wastes that have been properly shredded;
5. Any ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, paunch manure, or any other solid or viscous substance capable of causing obstruction to the flow in sewers or other interference with the proper operation of the sewage works;
6. Any waters or wastes having a pH lower than five and five-tenths or higher than nine or having any other corrosive property capable of causing damage or hazard to structures, equipment and personnel of the sewage works;
7. Any waters or wastes containing a toxic or poisonous substance in sufficient quantity to injure or interfere with any sewage treatment process, constitute a hazard to humans or animals, or create any hazard in the receiving waters of the sewage treatment plant;
8. Any waters or wastes containing suspended solids of such character and quantity that unusual attention or expense is required to handle such materials at the sewage treatment plant;
9. Any noxious or malodorous gas or substance capable of creating a public nuisance.
(Ord. 6774 §4, 2011; Ord. 6486 §7, 2007; Ord. 1210 §18, 1912).
13.08.180 Sewer service outside city limits
A. Property lying within the urban growth boundary and contiguous to the Olympia city limits shall annex to the City as a condition of sewer connection. In the alternative, the City may elect to defer annexation and require execution of an agreement described in subsection B of this section.
B. Property lying within the urban growth area which is not annexed as a condition of sewer service shall be permitted sewer connection only upon entering into an appropriate agreement with the City containing a waiver of protest to annexation and/or power of attorney authorizing annexation at such time as the City determines the property should be annexed to the City. In addition, the following shall apply:
1. Application fees as established by the City Council shall be paid upon the submittal of a signed Utility Extension Agreement requesting sewer service for property outside the City;
2. The cost of the sewer extension shall be borne in whole by the applicant for sewer services, subject to any provisions in effect at the time of connection for latecomer reimbursement;
3. The agreement shall not be executed prior to the time formal application is made for approval of the project for which utilities are requested. The agreement shall terminate at the time any project application or approval expires or is revoked for any reason. A new agreement shall also be required for any extension of project applications or approvals or when a substantial change or addition is made to the project.
C. Following execution, such agreements shall be recorded by the City Clerk in the chain of title for such property in the official records of Thurston County.
(Ord. 6774 §4, 2011; Ord. 6486 §8, 2007; Ord. 5943 §2, 1999; Ord. 5687 §2, 1997; Ord. 5570 §2, 1995; Ord. 5478 §1, 1994; Ord. 5426 §1(part), 1993).
13.08.185 Sewer service outside city limits--Agreements to run with the land
The agreement described in Section 13.08.180 above shall contain a provision that the obligations and privileges contained therein shall run with the land and bind future owners of said land in the same manner as the applicant is bound therein.
(Ord. 6774 §4, 2011; Ord. 5426 §1(part), 1993).
ARTICLE II. SEWER RATES
13.08.190 Sewer rates--Definitions
A. A charge for sanitary sewage disposal shall be levied against all accounts and premises connected to a sewer line or City-maintained community onsite system at the rate set forth in Title 4, Fees and Fines, of this code.
B. For purposes of subsection A, the term "equivalent residential unit" means:
1. One separate single-family residence, one mobile home, or one mobile home space in a mobile home or trailer park; or
2. With respect to residential duplexes and single-family residences with accessory dwelling units, one per single-family unit; or
3. With respect to each residential structure having more than two single-family residential units, the number of units times seven-tenths; or
4. With respect to uses other than residential, one ERU for LOTT joint facilities charges shall be designated for each nine hundred cubic feet per month of water consumed or sewage discharged as measured at the source; provided, that for volumes in excess of nine hundred (900) cubic feet per month, the service charge per one hundred cubic feet shall be computed at the rate of one-ninth of the LOTT joint facilities charge, plus one-ninth of the public sewer charge, plus one-ninth of the LOTT equipment replacement charge; and
5. With respect to an account consisting of both residential and nonresidential uses, or combination thereof, the residential uses shall be charged as in subdivisions 1, 2, or 3 of this subsection and the nonresidential uses shall be charged an additional one ERU, regardless of the number; provided, that if the total monthly volume of the account exceeds the number of ERUs computed pursuant to this subsection times nine hundred cubic feet, the charge per one hundred cubic feet for the account shall be computed at the rate of one-ninth of the LOTT joint facilities charge, plus one-ninth of the public sewer charge, plus one-ninth of the LOTT equipment replacement charge.
(Ord. 6774 §4, 2011; Ord. 6507 §2, 2007; Ord. 5784 §2, 1998; Ord. 5668 §2, 1997; Ord. 5218 §1, 1991; Ord. 5197 §2, 1991; Ord. 5126 §22, 1990; Ord. 5073 §1, 1990; Ord. 4992 §1, 1989; Ord. 4986 §1, 1989; Ord. 4985 §1, 1989; Ord. 4751 §1, 1987; Ord. 4731 §1, 1986; Ord. 4584 §1, 1985; Ord. 4583 §1, 1985; Ord. 4372 §1, 1982; Ord. 4196 §1, 1980; Ord. 4015 §1, 1977; Ord. 3808 §1, 1973; Ord. 3231 §1, 1962; Ord. 2704, 1950; Ord. 2681 §2, 1950).
13.08.200 Payment of sewer bills
The City Council may in its discretion determine whether the charges for sewage disposal service shall be on a monthly or bimonthly basis. The foregoing rates and charges for sanitary sewage disposal shall be due and payable at the office of the City Treasurer or at such place or places designated by him/her on the date established by the Director of Administrative Services as authorized in Section 4.24.050 of this code.
(Ord. 6774 §4, 2011; Ord. 5398 §3, 1993; Ord. 2704, 1950; Ord. 2681 §3, 1950).
13.08.205 Sewer general facility charges
A. A sewer general facility charge ("Sewer GFC") shall be assessed in the amount set forth in Title 4, Fees and Fines, of this code, as defined in Section 13.08.190. Except as provided in subsections B and C of this Section, such charge shall become due and payable no earlier than at the time of issuance of a building permit and no later than at the time each connection is completed, and at the rate in effect at the time of payment, except for the deferred payment option stated below. For projects located outside the City, the date of building permit issuance by Thurston County shall constitute the earliest time of payment. This charge shall be assessed in addition to any other charges or assessments levied under this chapter. Said funds shall be deposited in the sewer capital improvement fund established under Section 3.04.750 of this code and shall be used only for the purposes enumerated therein.
B. The Sewer GFC may be deferred for residential developments in the Downtown Deferred General Facility Charge Payment Option Area and for connections to the public sewer by residential properties with an existing onsite sewage system ("OSS"). An unpaid Sewer GFC deferred under this section shall constitute a lien against the property for which it is payable. Payment of a Sewer GFC need not be made prior to the time of connection if the payer provides the Community Planning and Development Department with proof that a Voluntary General Facility Charge Lien Agreement, in a form approved by the City Attorney, has been executed by all legal owners of the property upon which the development activity allowed by the building permit is to occur, and the agreement has been recorded in the office of the Thurston County Auditor. When such deferral is sought for a portion of the development activity, the City, at its sole discretion, shall determine the portions of the Sewer GFC to be applied to the portions of the development activity. If a Voluntary General Facility Charge Lien Agreement has been recorded, payment of the general facility charge shall be deferred under the following conditions:
1. The Sewer GFC will be assessed at the rate in effect at the time of issuance of the building permit for the project or issuance of a permit to connect to the public sewer from properties with an existing OSS, and
2. Payment of the Sewer GFC will be made at the earlier of (a) the closing of sale of the property or any portion of the property, (b) three (3) years from the date of the City’s issuance of a Certificate of Occupancy or (c) three (3) years from the date of connection to the public sewer from properties with an existing OSS for the property against which the Sewer GFC is assessed, and
3. A GFC payment made within one (1) year of issuance of the Certificate of Occupancy for the development, or connection to the public sewer from properties with an existing OSS, shall pay the fees assessed at the time of issuance of the building permit, or
4. A GFC payment made within the second year from issuance of the Certificate of Occupancy for the development, or connection to the public sewer from properties with an existing OSS, shall pay the Sewer GFC plus an interest component, for a total of 105% of the remaining balance of the fees assessed at the time of issuance of the building permit, or
5. A GFC payment made within the third year from issuance of the Certificate of Occupancy for the development, or connection to the public sewer from properties with an existing OSS, shall pay the Sewer GFC plus an interest component, for a total of 110% of the remaining balance of the fees assessed at the time of issuance of the building permit.
In the event that the Sewer GFC and/or interest (if any) is not paid within the time provided in this subsection, all such unpaid charges, fees and interest shall constitute a lien against the property for which they were assessed. The lien may be enforced either by foreclosure pursuant to RCW 61.12 or by termination of water service pursuant to Section 13.04.430 of this Code. The City may use other collection methods at its option. In the event of foreclosure, the owner at the time of foreclosure shall also pay the City’s reasonable attorney fees and costs incurred in the foreclosure process. Notwithstanding the foregoing, the City shall not commence foreclosure proceedings less than thirty (30) calendar days after providing written notification to the then-present owner of the property via certified mail with return receipt requested advising of its intent to commence foreclosure proceedings. If the then-present owner cures the default within the thirty-day cure period, no attorney fees and/or costs will be owed.
The deferred payment option set forth in this subsection shall terminate on August 1, 2015, unless otherwise re-authorized by the City Council.
C. The Sewer GFC will be waived for properties with an existing OSS that connect to the public sewer within two years following notice by the City that a sewer line is available for connection. Notice will be effective as of the date it is sent to the property owner by certified first class mail. Properties that fail to connect to the public sewer within two years following such notice shall be charged the Sewer GFC in effect at the time of connection to the public system, but those properties may defer payment of the Sewer GFC as provided in subsection B above.
D. The Sewer GFC for properties on public combined sewers shall apply to properties located within the Downtown Deferred General Facility Charge Payment Option Area and discharging sanitary sewage to the public combined sewer upon change in the character of the use of any structure on such property or upon a significant increase of sewage discharge therefrom.
(Ord. 6774 §4, 2011; Ord. 6647 §2, 2009; Ord. 6420 §3, 2006; Ord. 5847 §2, 1998; Ord. 5668 §3, 1997; Ord. 5126 §23, 1990; Ord. 4992 §2, 1989).
13.08.210 LOTT capacity development charge--Payment
A. There shall also be charged an additional LOTT capacity development charge for every structure which is provided sewer service by Olympia. The LOTT capacity development charge shall also be assessed upon later change in the character of the use of any such structure or upon a significant increase of sewage discharge therefrom, determined in accordance with the guidelines and procedures adopted by the advisory committee created pursuant to the intergovernmental contract for wastewater facilities management. The LOTT capacity development charge shall be in the amount set forth in Title 4, Fees and Fines, of this code. The capacity development charge is intended to pay a predetermined share of the estimated capital cost per ERU to provide future joint facilities and additions to existing joint facilities that are considered necessary to serve the connections paying the capacity development charge while maintaining adequate system reserve capacity as described in The Highly Managed Alternative of the LOTT Wastewater Resource Management Plan of 1999.
B. The charge imposed under Subsection A shall become due and payable no earlier than at the time of issuance of a building permit and no later than at the time each connection is completed, and at the rate in effect at the time of payment. For projects located outside the City, the date of building permit issuance by Thurston County shall constitute the earliest time of payment. If not paid on or before said date, the same shall become delinquent and shall bear interest at the rate of six percent per year from the date of delinquency until paid.
(Ord. 6774 §4, 2011; Ord. 5913 §1, 1999; Ord. 5847 §3, 1998; Ord. 5333 §2, 1992; Ord. 4986 §2, 1989; Ord. 4005 §1, 1977; Ord. 2681 §4, 1950).
13.08.215 Septic to Sewer Program and line extension charges
A. There is hereby established the City of Olympia Septic to Sewer Program with the goal of connecting properties served by onsite sewage systems to the public sewer. In furtherance of the Septic to Sewer Program, the City may construct sewer lines to facilitate connection of properties served by onsite sewage systems.
B. In addition to Sewer GFC charges provided in OMC 13.08.205, and labor and material, and the LOTT charges provided in OMC 13.08.210, a proportionate capital charge shall be paid for connections to sewer lines that were extended as part of the Septic to Sewer program after July 26, 2009. Line extensions shall first be reviewed by the Utility Advisory Committee. The Utility Advisory Committee shall move to recommend and forward said recommendation to the City Council for consideration. Final approval of the line extension, including apportionment of the capital costs for such line extension, must be made by the City Council.
C. The capital costs of a sewer line extension, including the costs of design, material, labor and contract administration, shall be based on the City’s Engineering Design and Development Standards for latecomer agreements. Except as otherwise provided in subsection D below for connections to a line extension from properties with an existing onsite sewage system ("OSS"), the proportionate capital costs, following approval by the City Council, shall be charged as follows:
1. Apportionment between properties to be connected shall be based on the projected ERUs under OMC 13.08.190.
2. For properties that connect within one year of completion of the line extension, the proportionate charge will be based on the engineer’s estimate of construction costs or the actual construction costs, whichever is less.
3. For properties that connect after one year of completion of the line extension, the proportionate charge will be based on the actual construction costs, adjusted by the intervening annual changes in the CPI for all urban consumers in the Seattle-Tacoma-Bremerton urban area, in which Olympia is included.
4. Payment of the proportionate line extension costs must be made prior to connection.
D. For connections to a line extension from properties with an existing OSS, the line extension charge may be paid in full prior to connection, or it may be deferred under the following conditions:
1. An unpaid proportionate line extension charge deferred under this section shall constitute a lien against the property for which it is payable. The property owner must execute a lien in favor of the City in a form approved by the City Attorney in which the property owner agrees to pay specified progress payments and agrees that the full amount of the applicable proportionate line extension charge shall be due and payable upon sale of the property. The agreement shall also provide that the City shall be entitled attorney’s fees and costs, should legal action need to be commenced to collect or enforce the agreement. Connection to the line extension will be allowed after the lien agreement has been recorded in the office of the Thurston County Auditor.
2. Payments toward the deferred charge shall be set at a minimum level of $200.00 per month until the proportionate line extension charge is paid. The monthly deferred charge payment value shall be established at the time the lien in favor of the City is executed. The payment value for liens executed in the year 2009 shall be $200 per month. Deferred monthly progress payments in subsequent years shall be adjusted annually with changes in the CPI for all urban consumers in the Seattle-Tacoma-Bremerton urban area, in which Olympia is included.
3. If the proportionate line extension charge for the property exceeds a threshold value, the total due will be the threshold value plus 50% of any amount over the threshold value. The threshold value shall be established at the time the lien in favor of the City is executed. The threshold value for the year 2009 shall be $20,000 and shall be adjusted annually with changes in the CPI for all urban consumers in the Seattle-Tacoma-Bremerton urban area, in which Olympia is included. Interest will be applied to the total remaining balance due and will be compounded on an annual basis from the date of connection. The interest rate will be based on the interest rate on bonds that included the project or, if no bonds were issued for the project, on the interest rate of the most recent general obligation bonds issued by the City prior to construction of the line extension.
(Ord. 6774 §4, 2011; Ord. 6647 §3, 2009)
13.08.220 Charges become lien on property--Enforcement
All charges for sanitary sewage disposal service and for connections with the public sewer system, together with the penalties and interest thereon as provided in this article, shall be a lien upon the property upon which such connection is made or sewage disposal service furnished, superior to all other liens or encumbrances except those for general taxes and special assessments. Enforcement of such lien or liens shall be in the manner provided by law for the enforcement of the same and for delinquent sewage disposal service charges.
(Ord. 6774 §4, 2011; Ord. 2681 §5, 1950).
13.08.230 Shutting off water upon default--Reconnection charge
In the event that any such bill for sewage disposal service rates and charges or connections is not paid by the date established by the Director of Administrative Services as set forth in Chapter 4.24 of this code, the City shall shut off the water furnished the premises to which the services were rendered or connection made. The water shall not be turned on again until such bill, together with all penalties and interest due thereon, plus a charge as set forth in Title 4 of this code for shutting off and turning on the water, has been paid; provided, however, that such reconnection charge shall not be assessed if the user has already paid a reconnection charge assessed for the same reconnection pursuant to Section 13.04.430.
(Ord. 6774 §4, 2011; Ord. 5398 §4, 1993; Ord. 5126 §24, 1990; Ord. 4015 §2, 1977; Ord. 2681 §6, 1950).
ARTICLE III. AREA SERVICE CHARGE
13.08.290 Charges become lien on property
In addition to all other charges imposed under this chapter and under Title 4, Fees and Fines, there shall be assessed for sewer connections, where applicable, a frontage and/or area charge. These charges shall be assessed to reimburse persons or the City for the cost of constructing sewer lines and other appurtenances in the street fronting the premises served by the connection. The amount of these charges shall be calculated per schedules for various sewer projects available in the Public Works Department. All charges assessed pursuant to this chapter shall become a lien on the property so assessed, which may be enforced in the manner provided by Section 13.08.220.
(Ord. 6774 §4, 2011; Ord. 5784 §3, 1998; Ord. 3979 §4, 1976).
ARTICLE IV. VIOLATIONS
13.08.380 Violations--Penalties
A. Any person, firm, or corporation who knowingly violates or fails to comply with any term or provision of this chapter shall be deemed to have committed a misdemeanor, and if found guilty, shall be subject to a fine not to exceed One Thousand Dollars ($1,000), and/or to imprisonment not to exceed ninety (90) days or to both such fine and imprisonment. Each day shall be a separate offense. In the event of a continuing violation or failure to comply, the second and subsequent days shall constitute a gross misdemeanor punishable by a fine not to exceed Five Thousand Dollars ($5,000) and/or imprisonment not to exceed three hundred and sixty-five (365) days or both such time and imprisonment. Continuing violation shall mean the same type of violation which is committed within a year of the initial violation.
B. As an additional concurrent penalty, it shall be a civil infraction for a person, firm, or corporation to violate or fail to comply with any term or provision of this chapter. Each day shall be a separate infraction. A person, firm, or corporation found to have committed a civil infraction shall be assessed a monetary penalty as follows:
1. First offense: Class 3 ($50), not including statutory assessments.
2. Second offense arising out of the same facts as the first offense: Class 2 ($125), not including statutory assessments.
3. Third offense arising out of the same facts as the first offense: Class 1 ($250), not including statutory assessments.
See also OMC Chapter 4.44, Uniform Civil Enforcement.
(Ord. 6774 §4, 2011; Ord. 6081 §40, 2001).