Chapter 13.08
SEWERS

Sections:

Article I. SEWER CONNECTIONS

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    Depositing rubbish in public sewer is unlawful.

13.08.170    License nonassignable--Record of current address required.

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    Additional connection charge and 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.

13.08.240    Water superintendent to be superintendent of sewers.

13.08.250    Effective date.

13.08.256    LOTT joint facilities--Equipment replacement fund--Creation.

Article III. AREA SERVICE CHARGE

13.08.290    Charges become lien on property.

Article V. SEPTIC TANK WASTES IN SEWER SYSTEM

13.08.380    Violations -- Misdemeanor -- Gross Misdemeanor -- Civil Infraction.

(Ord. 6647 §1, 2009; Ord. 6486 §1, 2007).

Article I. SEWER CONNECTIONS

13.08.010 - Definitions

For the purpose of this article:

A.    "City engineer" or "engineer," means the city engineer of the city of Olympia, and his duly appointed assistants or inspectors, limited by the particular duties entrusted to them.

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 all constructed devices and appliances appurtenant thereto.

D.    "Person" means natural persons of either sex, associations, copartnership’s 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 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.    "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 sanitary sewer main.

(Ord. 6486 §2, 2007; Ord. 1210 §21, 1912).

13.08.020 - Connection required when

For any lands, buildings or premises to which a public sewer is currently or becomes adjacent and available, the owner or occupant 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 on-site sewage system. In the event any lands, buildings, or premises shall be served by an individual on-site 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 on-site 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. 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 in a private sewer or drain therewith without complying with all of the provisions of this article in relating thereto and obtaining and having a permit to do so from the public works director. The public works director shall assess a fee as set forth in Title 4 of this code for each permit issued under this chapter.

(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 system 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 city main.

(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," three (3) copies of which shall be kept on file in the office of the City Clerk and the Olympia 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 on-site 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 is existing 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 on-site sewage systems shall be considered interim facilities and must be designed for conversion to the sewer system when sewer becomes available;

4.    Development of properties with on-site sewage systems shall be in accordance with the Residential Districts’ Development Standards for Developments without sewer systems 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 within the city limits shall enter into an appropriate agreement with the city agreeing to connect the residence directly with the proper 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.

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.    Requirements that the cost of the sewer extension 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. The term of 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 & Development, a substantial change or addition is made to the project; and

4.    Following execution, such 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.    All grinder pump sewer systems including the grinder pumps and side sewer shall be purchased, owned, and operated by the property owner.

2.    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 sewer system including the use of sewage pump stations.

3.    Publicly-owned grinder pump force mains shall be permitted under the following conditions only when it is in the city’s best interest as determined by the City Engineer provided 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 as determined by the Thurston County Health Department; or

b.    Infill development in terrain-isolated areas.

(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. A sewer 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 sewer 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. 4013 §9, 1977; Ord. 1210 §13, 1912).

13.08.120 - Public notice that connection required –Construction and use –City action upon nonconnection

A.    The owner of each lot or parcel of real property within the area to be served by the sanitary sewer system of the city as it now exists and as it may be improved and extended in the future, upon which is a building or structure for human occupation or use for any purpose shall, within thirty days of the publication in the city newspaper of a notice signed by the mayor for connections to be made therewith, cause a connection to be made between the sewage system and each such building or structure; provided, where one building is located at the rear of another on the same lot and in which a sewer is located, the building sewer from the front building may be extended to the rear building and the whole considered as one building sewer; provided, a cleanout is constructed to the ground surface beyond the connection from the rear of the building.

B.    No person shall discharge or cause to be discharged any stormwater, surface water, groundwater, roof runoff, subsurface drainage or cooling water to any sanitary 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 office of the city engineer. Industrial users shall discharge sewage to the city sewer system in compliance with all requirements of the wastewater provisions 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 that has not 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.

D.    All premises abutting a public street or alley in which there is a sanitary sewer line in front of or alongside such premises upon which there is a building, any portion of which is within three hundred feet of such sanitary sewer line or lateral, shall be deemed to be within the area served by such sewage system.

E.    If any connection to the public sewer system is not made within the time provided in this article, the city engineer or such other employee of the city as the council may hereafter designate is authorized and directed to cause such connection to be made and to file a statement of the cost thereof with the city clerk-treasurer, and thereupon a warrant shall be issued under the direction of the city council by the city clerk-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, plus interest at the rate of six percent 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. 6486 §6, 2007; Ord. 3602 §2, 1970; Ord. 2905, 1955; Ord. 2681 §1, 1950).

13.08.150 - Depositing rubbish in public sewer is unlawful

It is unlawful for any person to deposit garbage, rubbish, soil materials or any substance having a tendency to obstruct the flow of any sewer in any pipe, manhole, cleanout or sewer opening.

(Ord. 6486 §7, 2007; Ord. 1210 §18, 1912).

13.08.170 - License nonassignable –Record of current address required

It is unlawful for any person licensed as a sewer contractor under the provisions of this chapter to allow his name to be used by any person, firm or corporation, either for the purpose of obtaining a permit, or for doing the work under his license. It shall be the duty of every licensed sewer contractor to have his name and place of business recorded in the office of the city engineer, and to immediately notify the engineer of any change of his address.

(Ord. 1210 §20, 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.

1.    Application fees as established by the City Council shall be paid upon the submittal of a signed Utility Extension Agreement requesting water service for property outside the city;

2.    Requirements that the cost of the sewer extension 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 term of 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 a substantial change or addition is made to the project.

C.    Following execution, such agreement shall be recorded by the City Clerk in the chain of title for such property in the records of the Thurston County Auditor.

(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. 5426 §1(part), 1993).

Article II. SEWER RATES

13.08.190 - Sewer rates –Definitions

A.    A charge for sanitary sewerage disposal shall be levied against all accounts and premises connected to a sewer line or city maintained community on-site system at the rate as set forth in Title 4 of this code.

B.    For purposes of subsection A, the term "equivalent residential unit" means:

1.    One separate single-family residence; 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 and each mobile home or trailer park, the number of residential units or mobile home spaces times .6, effective April 1, 1989; and the number of units or spaces times .7, effective on the date of the ordinance codified in this section; provided that, effective January 1, 1991, for mobile home or trailer parks the term shall mean one for each mobile home space;

4.    With respect to uses other than residential, one ERU shall be designated for each nine hundred cubic feet for LOTT joint facilities charges and seven hundred cubic feet for local sewer collection charges 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 for LOTT and seven hundred (700) cubic feet the service charge shall be computed at the rate of one-ninth of the LOTT joint facilities charge, plus one-seventh of the local sewer collection system charge, plus one-ninth of the LOTT equipment replacement charge, per one hundred cubic feet;

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 ERU’s computed pursuant to this subsection times nine hundred cubic feet, for LOTT joint facilities charges and seven hundred cubic feet for local sewer collection charges, the charge for the account shall be computed at the rate of one-ninth of the LOTT joint facilities charge, plus one seventh of the local sewer collection System charge, plus one-ninth of the LOTT equipment replacement charge, per one hundred cubic feet.

(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 sewerage disposal service shall be on a monthly or bimonthly basis. The foregoing rates and charges for sanitary sewerage disposal service shall be due and payable at the office of the clerk-treasurer or at such place or places designated by him/her on the date established by the director of administrative services as set forth in Chapter 4.24 of this code.

(Ord. 5398 §3, 1993; Ord. 2704, 1950; Ord. 2681 §3, 1950).

13.08.205 - Sewer general facility charges

A.    There shall hereafter be assessed a sewer general facility charge ("Sewer GFC") in the amount as set forth in Title 4 of this code as defined in Section 13.08.190 of the Olympia Municipal Code. Except as provided in subsections B and C below, 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 facility trust 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 sewer system by residential properties with an existing on-site sewer 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 the sewer system 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 sewer system 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 sewer system 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 sewer system 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 shall pay the Sewer GFC plus interest, for a total of 110% 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 13.04.43 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 from properties with an existing OSS that connect to the sewer system 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 registered first class mail. Properties that fail to connect to the sewer system within two years following such notice shall be charged the Sewer GFC in effect at the time of connection to the sewer system, but those properties may defer payment of the Sewer GFC as provided in subsection B above.

(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 - Additional connection charge and LOTT capacity development charge –Payment

A.    In addition to the foregoing rates and charges, the city shall charge for each connection made with the sewerage system and actual costs for labor and materials for such connection plus fifteen percent thereof for all engineering, administrative, and inspection expenses and costs of the sewer department incurred in connection therewith.

B.    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 of this code. The purpose of the capacity development charge is 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.

C.    Connection fee charges under Subsection A shall become due and payable at the time each connection is completed. The charge imposed under Subsection B 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 so 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. 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 connection properties served by onsite sewage systems to the City’s sanitary sewer collection system. 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 LOTT charges provided in OMC 13.08.210, there shall be charged a proportionate capital charge from connections to sewer lines that were extended as part of the Septic to Sewer program after July 26, 2009. Line extensions must first be approved by the Utility Advisory Committee, and the apportionment of the capital costs for a line extension must be approved 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 on-site sewer system ("OSS"), the proportionate capital costs, following approval by the City Council, shall be charged as follows:

1.    Apportionment between properties shall be based on the projected ERUs under OMC 13.08.190 to be connected.

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 they 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. 6647 §3, 2009)

13.08.220 - Charges become lien on property –Enforcement

All charges for sanitary sewage disposal service and for connections with the sewerage 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 dispel 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. 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. 5398 §4, 1993; Ord. 5126 §24, 1990; Ord. 4015 §2, 1977; Ord. 2681 §6, 1950).

13.08.240 - Water superintendent to be superintendent of sewers

Such person who shall, from time to time under the authority of the city commission act as water superintendent for the city, also act as superintendent of sewers.

(Ord. 2681 §7, 1950).

13.08.250 - Effective date

The provisions of this chapter became effective on December 1, 1950.

(Ord. 2681 §8, 1950).

13.08.256 - LOTT joint facilities –Equipment replacement fund –Creation

There is created within the combined water/sewer utility a LOTT joint facilities equipment replacement fund. There shall be deposited into said fund that portion of the moneys collected from rates established in Section 13.08.190(A)(1) for equipment replacement. The fund shall be used only for replacement of existing equipment and capital items relating to LOTT joint facilities.

(Ord. 4731 §2(part), 1986).

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, 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. 5784 §3, 1998; Ord. 3979 §4, 1976).

Article V. SEPTIC TANK WASTES IN SEWER SYSTEM

13.08.380 - Violations -- Misdemeanor -- Gross Misdemeanor -- Civil Infraction

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 Code Enforcement.

(Ord. 6081 §40,2001).