Chapter 13.08
SEWERS—USE REQUIRED
Sections:
13.08.020 Discharging wastewater or polluted water.
13.08.030 Privy, septic tank or cesspool.
13.08.040 Toilet facilities required.
13.08.070 Termination of variance agreement.
13.08.080 Obligations of owners.
13.08.010 Generally.
It is unlawful for any person to place, deposit, or permit to be deposited in any unsanitary manner on public or private property within the city, or in any area under the jurisdiction of the city, any human or animal excrement, garbage, or objectionable waste. (Ord. 830 Art. 2 § 1, 1976)
13.08.020 Discharging wastewater or polluted water.
It is unlawful to discharge to any natural outlet within the city or in any area under the jurisdiction of the city any wastewater or other polluted waters, except where suitable treatment has been provided in accordance with subsequent provisions of this title. (Ord. 830 Art. 2 § 2, 1976)
13.08.030 Privy, septic tank or cesspool.
Except as hereinafter provided in this title, it is unlawful to construct or maintain any privy, privy vault, septic tank, cesspool, or other facility intended or used for the disposal of wastewater. (Ord. 830 Art. 2 § 3, 1976)
13.08.040 Toilet facilities required.
A. The owner(s) of all houses, buildings or properties used for human occupancy, employment, recreation, or other purposes, situated within the city, or within the area served by the city sewer system, and abutting on any street, alley, or right-of-way in which there is located a public sanitary sewer of the city, is required, at the owner(s)’ expense, to install suitable toilet facilities therein, and to obtain a permit to connect such facilities directly with the proper public sewer in accordance with the provisions of this title, within one hundred eighty days after date of official notice to do so, and to complete the connection within six months of obtaining the permit, unless an extension is granted by the public works director for good cause; provided, that the building to be served is not located more than two hundred feet from a public sewer.
B. The owner shall pay all connection fees, facility improvement charges and any other fees and charges required for connection to the sanitary sewer within one hundred eighty days after the date of official notice to connect to the sanitary sewer; shall be liable for the monthly fee for the sanitary sewer service upon connection or, if not connected, beginning one hundred eighty days after the date of official notice to connect or upon expiration of the permit to connect if a permit was obtained; and shall be billed accordingly.
C. The city shall have a lien against the owner’s property for any unpaid rates, fees or charges required for connection to the sanitary sewer, which shall be foreclosed as provided by law. This remedy is cumulative, and is in addition to any other claim or remedy available to the city. Any unpaid rates, fees or charges shall bear interest at eight percent per annum on a monthly basis. (Ord. 1711-11 § 1, 2011: Ord. 1513-05 § 1, 2005: Ord. 1412-01 § 1, 2001: Ord. 830 Art. 2 § 4, 1976)
13.08.050 Variance agreement.
Whenever a residential property owner(s) is required to connect an existing residence to the sanitary sewer by this Title 13, and the property is served by a pre-existing, connected, working septic system, the superintendent may, for good cause shown, enter into a written variance agreement with all of the owners of the parcel at issue to grant a one-time variance from the connection requirement, on the conditions set forth in this chapter. The owner(s) shall apply for the variance within the time they would otherwise be required to connect to the sanitary sewer; provided, that any owner(s) required to connect to the sanitary sewer prior to the effective date of the ordinance codified in this section (July 22, 2002), but who failed to do so, shall apply for the variance within one hundred eighty days of written request to connect to the sanitary sewer by the superintendent. (Ord. 1711-11 § 2, 2011: Ord. 1427-02 § 1, 2002)
13.08.060 Procedure.
The property owner(s) requesting a variance agreement to the connection requirement pursuant to this chapter shall pay an application fee of the amount listed in the master fee schedule adopted by resolution of the city council, and shall provide the superintendent with a certificate from the Skagit County health department, a certified septic system designer, or a licensed professional engineer, in such form as required by the superintendent, stating that the septic system was in place prior to availability of the sanitary sewer, and is presently in good working order at the time connection to the sanitary sewer would otherwise be required. The owner(s) must also provide evidence of ownership in the form of a title report or other documentation as required by the superintendent. The superintendent may, in his discretion, require any lien holder to subordinate their lien to the agreement, as a condition of the variance agreement. (Ord. 2013-22 § 38, 2022; Ord. 1427-02 § 2, 2002)
13.08.070 Termination of variance agreement.
The variance agreement shall permit the owner(s) to defer connection to the sanitary sewer only until the occurrence of any one of the following events:
A. Failure of the septic system as determined by the superintendent or the Skagit County health department;
B. Sale or conveyance of the property for valuable consideration;
C. A change in use of the property to a nonresidential use;
D. Connection to a sanitary sewer is required pursuant to Title 17 of the Sedro-Woolley Municipal Code or state law as part of a land use action taken at the request of the owner(s); or
E. Construction of a new residence on the property which would otherwise be connected to the sanitary sewer.
Upon the occurrence of any one of the events set forth above, the variance shall terminate, and connection to a sanitary sewer shall be required pursuant to this Title 13, applicable state law, or other regulation or agreement. (Ord. 1427-02 § 3, 2002)
13.08.080 Obligations of owners.
The variance agreement shall provide that the variance shall not relieve the owner(s) of any obligation arising from any LID, ULID, or special assessments, obligations and liens pursuant to Chapters 35.43 through 35.54 RCW, and similar statutes, or amendments thereto, relating to the payment of bonds or other municipal indebtedness. However, the owner(s) or successors in interest shall pay at time of connection to a sanitary sewer:
a. Any connection fees established pursuant to RCW 35.92.025 or amendments thereto, in effect at time of connection;
b. Latecomers fees pursuant to RCW 35.91 or amendments thereto, in effect at time of connection; and
c. All other fees, charges, liens or costs, in effect at time of connection.
The variance shall not be transferable to a successor owner(s). The variance agreement shall contain the legal description of the property, shall be signed by all owner(s), and shall be recorded with the Skagit County auditor. (Ord. 1427-02 § 4, 2002)