HomeMy WebLinkAbout2547Ordinance No. 2547
(Amending or Repealing Ordinances)
CFN=648 - Storm Drainage Utility
Passed - 4/1/1985
Drainage Utility Established
Establishing Chapter 7.20 and codifying Ord. 2325
Amended by Ords 3453, 3459 & 3461 (Secs 7.05.090 formerly
7.20.200 & 7.05.160 formerly 7.20.280)
Amended by Ord. 3488 (secs. 7.05.090 & 7.05.160)
Amended by Ord 3527 (Sec 7.05.090)
Secs 7.05.090 & 7.05.160 of Ord. 3534 readopting, re-enacting,
ratifying and confirming rates and fees
Amended by Ord. 3573 (Sec. 11.03.510 formerly 12.12A.510)
Amended by Ord. 3656 (Secs. 7.05.020 & 7.05.130 formerly 7.20.100 &
7.20.250)
Amended by Ord. 3746 (Sec. 11.03.510 formerly 12.12A.510)
Amended
by Ord.
3779
Amended
by Ord.
3819
(Sec.
Amended
by Ord.
3864
(secs
Amended
by Ord
3901
(7.05.
7.05.160 formerly 7.20.280)
Amended
by Ord.
3916
(Sec.
7.05.150 formerly 7.20.270)
Amended
by Ord.
3981
(Sec.
Amended
by Ord.
4021
(Sec.
Amended
by Ord.
4032
(Sec.
Amended
by Ord.
4060
(Sec.
7.05.090)
7.01.050;7.01.060 & 7.01.070)
0901 7.05.120 formerly 7.20.240 &
7.05.140 formerly 7.20.260 and repealed
7.05.090)
7.05.090)
7.06.010)
7.05.090)
The date ["Beginning July 1, 1998"] has led to confusion This date will be deleted from cover sheets of
ordinance/resolution revision pages This cover sheet will be deleted on electronic pages only, no other
deletions or changes have been made to the document — 6/21/2012
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ORDINANCE NO. C>15T 7
AN ORDINANCE relating to storm and surface
water; establishing a new Chapter 7.20 in the
Kent City Code relating to storm and surface
water; codifying Ordinance 2325 entitled:
AN ORDINANCE of the City of
Kent relating to storm and surface
water, establishing a storm and
surface water utility, and adopting
a system or plan of storm water
collection and treatment for the
City.;
declaring a system and structure of rates for
Storm and Surface Water Utility charges,
requiring the payment of certain drainage
charges, and providing for the collection
thereof; combining the system of sewerage, the
system for garbage and refuse collection and
disposal, and the system for storm and surface
water collection and treatment, to be called
"system of sewerage," and adding a new section
KCC 7.03.010 to provide for the system of
sewerage; amending KCC 7.02.160 relating to
delinquent utility bills; amending KCC
---;;)12.12A.510D. relating to SEPA Substantive
Authority (Ordinance 2494, as last amended by
Ordinance 2511).
WHEREAS, the City of Kent adopted Ordinance No. 2325
finding that an expanding population and increased development of
land has led to increased surface water run-off problems within
the City of Kent, and to water quality degradation through
1
3 aa�o discharge of nutrients, metals, oil and grease, toxic materials,
�Lo& and other detrimental substances; that uncontrolled water run-off
dou) 11051bq
o)
�D+� from streets and highways poses a safety hazard to both lives and
5�a property; and that continuation of present drainage planning
I2,iaR' practices, to the extent that they exist, will lead to erosion and
property damage, and endanger the health and safety of inhabitants
$� of the City; and
0�.3aS�a�
�, tl,p3,
ON E W ScWHEREAS, the present drainage system in the City of Kent
cannot adequately handle the increasing run-off caused by present
dAL�Q"\and future development in the drainage basins within or partially
o�� � within the City of Kent; and
WHEREAS, the City of Kent wishes to promote the public
health, safety and welfare of the community by minimizing the
inconvenience and damage resulting from uncontrolled run-off
within the City; and
WHEREAS, a Master Drainage Plan, adopted by the City
Council, includes goals and objectives for the utility, identifies
present and future drainage problems, and recommends a system of
improvements to alleviate such problems; and
WHEREAS, the City of Kent, by approving Ordinance
No. 2325, also created and established a Storm and Surface Water
Utility and elected to exercise all lawful powers necessary and
appropriate for the construction, condemnation and purchase,
acquisition, addition to, maintenance, operation, management,
regulation and control of a storm and surface water system
described and adopted therein, including without limitation all
the lawful powers to fix, alter, regulate, and control the rate,
charges and conditions for the use thereof; and
WHEREAS, the improvements to the storm and surface water
'drainage system and the program for operation and maintenance
outlined in the Storm Drainage Master Plan require additional
financial resources over and above funding presently available for
storm and surface water drainage control; and
WHEREAS, professional management and engineering consul-
tants, who prepared the Drainage Master Plan, have also prepared a
cost of service study and recommended a structure of rates which,
in their opinion, will balance equity with administrative simpli-
city and provide revenues sufficient for operating and maintaining
the utility and for initiating improvements to existing facilities
as well as construction of new facilities as set forth in the
Plan; NOW, THEREFORE,
BE IT ORDAINED BY THE CITY OF KENT, as follows:
Section 1. There is hereby created a new Chapter 7.20 in
Title 7 of the Kent City Code which shall be referred to as "Storm
and Surface Water Utility" as follows:
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tr �
CHAPTER 7.20
STORM AND SURFACE WATER UTILITY
7.20.005. PURPOSE - FINDINGS.
A. The City of Kent finds that all real property in the
City contributes run-off to the common drainage problem, and that
all real property in the City benefits from the Storm and Surface
Water Utility system in the City of Kent.
B. The City finds that the intensity of development on
all parcels of real property, as measured by the square footage of
impervious surface area, is an appropriate basis for determination
of an individual parcel's contribution to the problem of storm and
surface water run-off.
C. The City of Kent also finds that each owner of a
parcel of real property within the City of Kent should pay for his
or her share of the cost of constructing, operating, maintaining,
repairing, improving and replacing drainage facilities in propor-
tion to the amount of run-off contributed to the drainage system
beyond that which would occur if the parcel were in its natural
state.
7.20.010. POTENTIAL HAZARD DECLARED. The City Council
finds and declares that absent effective regulation and control,
existing storm and surface water drainage conditions in all
drainage basin(s) within the City generally described in a map
filed with the City Clerk as EXHIBIT A to Ordinance 2325, consti-
tute a potential hazard to health, safety and property of City
inhabitants. The City Council finds further that natural and
man-made storm and surface water drainage or sewerage facilities
together constitute a storm and surface water drainage facility
and that effective regulation and control of storm and surface
water in all stream basins and financing of the facilities
requires joint regulations, control, and financing with some or
all of the cities of Auburn, Renton, Tukwila, and Des Moines and
King County, Washington (the "County") pursuant to Chapters 35.67
and 39.34 RCW, and Article 11, Section 11 of the Washington State
,Constitution, and that the best interests of the City require the
iformation by the City of a storm and surface water utility and the
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transfer to the utility of all storm and surface watercourses and
related rights belonging to the City.
7.20.020. STORM AND SURFACE WATER UTILITY CREATED.
There is hereby created and established a storm and surface water
utility of the City. The City elects to exercise all the lawful
powers necessary and appropriate to the construction, condemnation
and purchase, acquisition, addition to, maintenance, conduct and
operation, management, regulation and control of, the storm and
surface water system described in KCC 7.20.030 as the same may
hereafter be added to, bettered or extended within or without the
present and future limits of the City, including, without limita-
tion, all the lawful powers to fix, alter, regulate and control
the rate, charges and conditions for the use thereof.
7.20.030. STORM AND SURFACE WATER SYSTEM. There is
hereby specified and adopted the original system or plan of the
storm and surface water facilities described as set forth on the
map filed with the City Clerk as EXHIBIT A to Ordinance 2325, and
which shall include all properties, interest, physical and intan-
gible rights of every kind or nature owned or held by the City,
however acquired, insofar as they relate to or concern storm or
surface water sewerage, further including without limitation, all
such properties, interest and rights acquired by adverse posses-
sion or by prescription, directly or through another, in and to
the drainage or storage, or both, of storm or surface waters, or
both, through, under or over lands, landforms, watercourses,
sloughs, streams, ponds, rivers, lakes, and swamps, all beginning,
in each case or instance at a point where storm or surface waters
first enter the storm or surface water system of the City and
ending in each case or instance at a point where such storm or
surface waters exit from the storm or surface water system of the
City, and in width to the full extent of inundation caused by
storm or flood conditions.
7.20.040. PROPERTY TRANSFERRED TO UTILITY.
A. The City Council expressly finds the value of the
above described original system or plan of storm and surface water
facilities is equal to the value of release from primary responsi-
bility therefor insofar as it relates to or concerns storm or
surface waters within the City. Accordingly, all of the City's
above-mentioned facilities including the rights and interests as a
part thereof, as they relate to or concern storm or surface waters
are, for purposes of Section 43.09.210 RCW, hereby transferred to
and subject to the administration of the City's storm and surface
water utility created by this Chapter, and all other institutions
and departments of the City having primary responsibility therefor
within the City are, to the same extent, released from such
primary responsibility.
B. Inasmuch as the City now owns all those facilities,
including the rights and interests as a part thereof and the
original system or plan set forth in KCC 7.20.030, there is no
estimated cost thereof.
7.20.050. UTILITY ADMINISTERED BY PUBLIC WORKS
DEPARTMENT. The storm and surface water utility herein created
shall be administered by the City Public Works Department in such
a manner as the City Council shall provide by ordinance or by
joint resolution with the County or other cities. The failure to
pass or adopt such an ordinance or resolution shall not affect the
validity of this Chapter or the formation of the storm and surface
water utility created hereby.
DEFINITIONS
7.20.100. DEFINITION - Detention. The temporary storage
of storm and surface water run-off with provisions for the
controlled release of the stored water.
7.20.105. DEFINITION - Drainage Master Plan. The plan
entitled CITY OF KENT SURFACE DRAINAGE UTILITY DRAINAGE MASTER
PLAN prepared by the City of Kent, URS Engineers, and Matrix
Management Group, dated February 20, 1985, and filed with the City
Clerk, and a copy of which is maintained at the Public Works
Department, is hereby specified and adopted by the City as the
system or plan for such surface drainage utility. The Drainage
Master Plan sets forth recommendations for: 1) improvements in
Kent's system of storm and surface water facilities, 2) construc-
tion of needed new storm and surface water facilities, and 3)
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operation and maintenance of storm and surface water facilities
within the Utility's service area.
7.20.110. DEFINITION - Equivalent Service Unit (ESU). A
configuration of development or impervious surfaces estimated to
contribute an amount of run-off to the City's storm and surface
water drainage system which is approximately equal to that created
by the average single family residential parcel. This excludes
the multiplier effects of continuous areas of impervious surfaces
larger than an ESU. One ESU is equal to 2,500 square feet of
impervious surface area or any portion thereof.
7.20.115. DEFINITION - Impervious Multiplier. A multi-
plier used in the City of Kent's Storm and Surface Water Utility
rate formula which reflects the hydraulic impact of increasing
percentages of impervious surface area. The effect of said multi-
plier is to increase the monthly service charge for parcels having
a higher ratio of impervious surface area to total surface area.
7.20.120. DEFINITION - Impervious Surface. That hard
surface area which either prevents or retards the entry of water
into the soil mantle as it entered under natural conditions
pre-existant to development, and/or that hard surface area which
causes water to run off the surface in greater quantities or at an
increased rate of flow from that present under natural conditions
Ipre-existant to development. Common impervious surfaces include,
,but are not limited to, roof tops, concrete or asphalt paving,
walkways, patios, driveways, parking lots or storage areas, and
oiled, macadam or other surfaces which similarly impede the
natural infiltration of surface water.
7.20.125. DEFINITION - Parcel. The smallest separately
segregated unit or plot of land having an identified owner,
boundaries, and surface area which is documented for tax purpose
and given a tax account (lot) number by the King County Assessor.
7.20.130. DEFINITION - Parcel - Agricultural. Any
parcel of land upon which crops are produced or livestock is
raised, and may include houses, barns, greenhouses, and other
structures related to farming activities. Agriculture includes
both commercial and non-commercial activities.
MMM
7.20.135. DEFINITION - Parcel - Developed. Any parcel
which has been altered by grading or filling of the ground
surface, or by construction of any improvement or other impervious
surface area which affects the hydraulic properties of the parcel.
7.20.140. DEFINITION - Parcel - Single -Family
Residential. Any parcel of land having on it a dwelling unit
which is designed for occupancy by one family or a similar group
of people.
7.20.145. DEFINITION - Parcel - Undeveloped. Any parcel
which has not been altered by grading or filling of the ground
surface, or by construction of any improvements or other imper-
vious surface area which affects the hydraulic properties of the
parcel.
7.20.150. DEFINITION - Retention. The storage of storm
and surface water run-off with no provisions for release of the
stored water other than by evaporation and infiltration.
7.20.155. DEFINITION - Storm and Surface Water
Facility. Any natural or person -made component of the City of
Kent's storm and surface water system. Storm and surface water
facility shall also include any structure or facility impacting
the City system, or otherwise related to storm and surface water
management.
7.20.160. DEFINITION - Storm and Surface Water System.
The total system of storm and surface water facilities as
described in KCC 7.20.030 (the map attached to Ordinance No. 2325
as "EXHIBIT A").
SYSTEM OF CHARGES
7.20.200. SYSTEM OF CHARGES. There is hereby imposed a
system of charges on each parcel of real property within the City
of Kent served by or to which is available for service the Storm
and Surface Water Utility established by this Chapter. The
charges are found to be reasonable and necessary to fund admini-
stration, planning, design, construction, operation, maintenance,
repair, improvement, and replacement of all existing and future
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storm and surface water facilities, including the accumulation of
reserves and the retirement of any associated debt.
7.20.210. CHARGES. The following charges are hereby
established for all parcels of real property in the City of Kent:
A. Residential Parcels: The single-family residential
charge rate shall be 0.92 per month for each parcel having one
residential dwelling plus the basin -specific charge of KCC
7.20.210 D.
B. Agricultural and Undeveloped Parcels: Agricultural
parcels shall be charged the monthly residential parcel rate.
Undeveloped parcels shall not be charged.
C. Other Parcels:
1. The charge for all other parcels except
residential parcels, agricultural parcels and undeveloped parcels
,shall be based upon:
a. the total amount of impervious surface as
expressed in Equivalent Surface Units [an Equivalent Service Unit
has been determined to be 2,500 square feet of impervious surface
or any fraction thereof], and
b. the percentage of impervious surface area
on each parcel.
2. The charge for all such parcels shall be
computed:
a. by multiplying the total number of ESU's
on each by the appropriate parcel impervious multiplier and,
b. multiplying the results by the sum of the
single family residential rate and the appropriate basin -specific
charge.
3. Impervious multipliers are hereby established:
a. Percentage of Impervious
Area per Parcel
(Impervious Surface
/Total Surface X 100)
Impervious
Multiplier
1
to
40
1
41
to
60
1.2
61
to
80
1.4
81
to
100
1.6
b. Impervious multipliers correlate the
hydraulic impact of a parcel to its percentage of impervious
surface per parcel. The multiplier for the average single family
iresidence is established as 1. The multiplier linearly increases
as the percentage of impervious area increases. The final
category has a multiplier of 1.6 which reflects the hydraulic
impact on the Drainage System compared to that impact of the
average single family residence.
D. Basin -Specific Charges: The City shall have all
lawful powers and authorities to fix, alter, regulate and control
charges within specific basins and sub -basins. The purpose of the
power and authority granted herein is to provide for charging
'parcels of one basin or sub -basin for improvements, studies, or
extraordinary maintenance which specifically and solely benefit
the property owners thereof. The basin -specific charges are as
follows.
Charge
Basin t/ESU/Month
Mill Creek
Upper (G) 1.533
Lower (A) 1.582
LID #306 (Al) 0.146
Garrison Creek
Lower (B) 1.191
Upper (J & I) 1.142
Direct (C) 0.049
All Other 0.0
The boundaries of the described basins are generally defined on
EXHIBIT "A" attached hereto and incorporated by this reference.
The detailed definitions thereof are reflected on maps filed in
the Engineering Division of the Public Works Department.
E. Water Quality Charges:
1. The City of Kent hereby authorizes and declares
its intent to establish, within two years of the adoption of this
Chapter, a water quality charge which may be added to any or all
of the above rates. The purposes of such a charge will be to
finance monitoring, testing, treatment and control of pollutant
discharges into the storm and surface water system, including the
exercise of all lawful enforcement powers of the City. A plan for
developing such charges, and a schedule and budget for this
project shall be submitted to the City Council for review and
approval within 90 days of adoption of this Chapter. A system of
water pollution charges for storm and surface water run-off from
all parcels of real property in the City of Kent shall be
developed within two years.
2. Such charges should be based upon appropriate
indices of pollutant discharges which approximate each parcel's
contribution to the problem of water quality within storm and
surface water facilities including all receiving waters.
F. Undeveloped parcels shall be subject to all charges
established under this section upon development of a parcel.
Development shall be determined by the date of issuance of a
building permit or any other permit for development purposes, or
as otherwise established by the Director of Public Works.
7.20.220. MEASUREMENT OF IMPERVIOUS AREA. The Director
of Public Works or his/her designee shall determine the number of
square feet of impervious surface in all non -single-family
residential parcels, excluding agricultural and undeveloped
parcels, and the total surface area of each parcel of real
property, through the records of the King County Assessor and
through aerial photographic methods, provided that the methods
used insure accuracy to one-tenth (0.1) of an equivalent service
unit as defined herein.
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7.20.230. BILLING AND COLLECTION. Storm and Surface
Water Utility charges for each parcel of real property within the
City of Kent shall be computed on a monthly basis. The amount
billed shall be included on the City of Kent UTILITY BILL. All
billings, collections, delinquencies, and related administrative
matters shall be handled in a manner consistent with Chapter 7.02
KC C .
7.20.240. RATES WITHIN DRAINAGE DISTRICTS. The Storm
and Surface Water Utility charges imposed upon all parcels within
the City of Kent which are also being assessed, according to the
records of the King County Assessor, by Drainage District No. 1 or
Drainage District No. 2 shall be reduced by the amount equal to
such assessments upon the providing of adequate proof thereof to
the Finance Director or designee. The maximum reduction allowed
in any one year shall be limited to the Storm and Surface Water
Utility charge imposed for that year.
7.20.250. RATE REDUCTIONS - CREDITS. The Finance
Director, upon direction of the Director of Public Works or
designee shall reduce (credit) the normal Storm and Surface Water
Utility charge for a parcel of real property when the Public Works
Department finds:
A. 1. The owner of a parcel, other than a residential
parcel, has installed an approved on-site retention system which
substantially reduces the flows expected after the development of
such a parcel. No credit shall be given for mitigating measures
which are required to meet any ordinance, regulation, other
control or standard established by the City of Kent, King County
or the State of Washington. Such credits shall be commensurate
with the mitigating effects so that the reduction in rates will be
in approximate proportion to the reduction in run-off. In no case
shall such a credit result in a rate less than the monthly charge
for a single-family residential parcel. A system of standard
credits in Storm and Surface Water Utility charges for retention
measures shall be developed and transmitted to the City Council
for approval within 90 days of adoption of this Chapter.
2. Such a credit will remain in effect as long as:
a. The owner of such a system has obtained
the proper permits and constructed the system according to plans
approved by the Director of Public Works, or designee;
b. The owner remains responsible for all
costs of operation and maintenance of the system (consistent with
City standards), whether operated and maintained by the owner or
by the City; and
C. The Director of Public Works or designee
has access for inspection of the system to determine if it is in
compliance with design and maintenance standards, and is func-
tioning properly.
B. The owner or renter of a single family residential
parcel of real property qualifies under Resolution 980 for life-
line rates. In such cases the lifeline charge rate for the
qualifying customer shall be 10.92 per month, and basin -specific
charges pursuant to KCC 7.20.210D. shall not be imposed.
C. The owner of a parcel of real property has made
improvements to existing and natural watercourses which will
result in the enhancement of water quality or the restoration or
enhancement of natural spawning or rearing areas. These credits
shall continue so long as the owner or his/her agent satisfac-
torily maintains the watercourse improvements. Standards and
criteria for establishing the amount of reductions for such
improvements shall be developed, with the assistance of a
fisheries biologist, and transmitted to the City Council for
approval within 180 days of the adoption of this Chapter.
D. Approved on-site retention systems, KCC 7.20.250A.,
and approved water quality enhancement efforts, KCC 7.20.250C.,
are found to be mitigating measures pursuant to RCW 90.03.510 and
thereby entitled to the credits provided in this section.
7.20.260. PERMITS. Permits are hereby required for any
person:
A. To construct, install, place, or attempt to con-
struct, install, or place any storm or surface drainage structure
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or facility within the City of Kent. Every person desiring to
construct or install any storm or surface water facility, whether
on private or public property, shall make application for same to
the City of Kent Public Works Department prior to commencing work
on such project. Such applications shall be made on forms
provided by the Department prior to commencing work on such
project, and shall include all information as may be required by
the Department. The application shall be approved by the Director
of Public Works, or designee, prior to construction, provided that
such construction or installation is in compliance with all City
ordinances, regulations, other controls or standards. Each
application submitted to the Department of Public Works shall be
accompanied by payment for a construction permit fee in an amount
established by the City Council. In addition to the other
penalties that may be provided by law, failure to obtain such a
permit will result in the fee being doubled. Such fees shall
defray part of the cost of inspections and plan review(s) required
by the City prior to and during the construction of storm and
surface water drainage facilities. All such fees shall be placed
in a separate revenue account for the Storm and Surface Water
Utility. This section shall not be construed to duplicate any
other existing City requirements.
B. To discharge or in any way release or contribute to
'pollution in any storm or surface water run-off which enters into
the storm and surface water facilities within the City of Kent.
The determination of whether a parcel is contributing pollutants
to storm or surface water run-off will be made by the Public Works
Department, using American Public Health Association 1980 Standard
,Methods for the Examination of Water and Waste Water, 15th
Edition, as amended, to identify one or more of the pollutants
listed by the Environmental Protection Agency in Water Quality
Documents published in the Federal Register, Volume 5, #231 dated
11/28/1980, or in Water Quality Standards for Waters of the State
(WAC 173.201), or in Dangerous Wastes Regulations (WAC 173.303),
copies of all said documents are filed with the City Clerk and a
copy of which are maintained at the Public Works Department. If
the owner of a parcel of real property within Kent, or any other
person occupying or using such parcel, is determined to be
contributing pollutants to storm or surface water run-off, the
owner shall be required to obtain a pollution discharge permit.
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Applications for such permits must be made by the owner to the
City of Kent Public Works Department on forms provided by the
Department and must be accompanied with payment of the pollution
discharge permit fee. The pollution discharge permit fee shall be
established by the City Council. Such fees shall cover part of
the cost of the Storm and Surface Water Utility's water quality
monitoring and enforcement program. All such fees shall be placed
in a separate revenue account for the Storm and Surface Water
Utility.
7.20.270. UNLAWFUL DISCHARGES MONITORED - DIRECTOR'S
EMERGENCY AUTHORITY. If the owner of a parcel of real property,
or any other person occupying or conducting any activity on a
parcel, is found to be contributing pollutants as defined in KCC
7.20.260.B. in amounts which exceed criteria established by the
Environmental Protection Agency in Quality Criteria for Water
published in 1976 as amended, or by the State Department of
Ecology in Water Quality Standards for Waters of the State (WAC
173.201) and in Dangerous Waste Regulations (WAC 173.303), the
owner of the parcel from which the pollutant is discharged shall
be required to pay, in addition to the standard pollutant
discharge fee, and other penalties or fines provided by law, any
additional costs associated with the continual monitoring of
discharges from such a parcel which is required to insure that
standards are not being violated. The Public Works Department is
hereby authorized to monitor and assess the owner of a parcel of
real property contributing pollutants in excess of standards as
set forth above for the period, after each separate incident where
standards for pollutant discharges are exceeded, to insure that
standards are not being violated. The Public Works Department
also is hereby authorized to exercise all lawful enforcement
(powers of the City and to take emergency measures deemed to be
'necessary by the Director of Public Works.
7.20.280. CONNECTION FEES. Connection fees shall be
assessed against an owner of real property at the time of issuance
of a development permit for any on-site storm or surface water
drainage structure or facilities which attach or connect to, or
otherwise drain into the system of drainage facilities as defined
in KCC 7.20.030 or where any additional surface or storm water
run-off is generated and delivered or transported through either
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natural or person -made watercourses to the Utility's system of
storm and surface water facilities. The connection fees shall be
as follows:
Connection
Charge
Basin t/Month/Acre
G 12.50
I 11.25
A 13.75
B 12.50
C & A 1.25
All Others 0.0
The basins are as defined under KCC 7.20.210.D. The charge is
calculated by the number of months from the date of adoption of
this Chapter to the date of issuance of the development permit,
and the acre represents the area of the property being developed.
All connection fees collected by the Storm and Surface Water
Utility shall be placed in a separate revenue account for the
Storm and Surface Water Utility.
7.20.290. MITIGATION OF SYSTEM IMPACT - DEVELOPER
CONTRIBUTIONS. The City of Kent Public Works Department is hereby
authorized to require mitigation of impacts on storm water
drainage facilities pursuant to this Chapter and
Chapter 12.12A KCC. Payment of a fair and equitable pro rata
portion of specific off-site storm and surface water drainage
improvements necessitated by new development may be authorized.
Such mitigation of off-site impacts shall be made in addition to
any other requirements of the City for on-site improvements.
Where a developer is required to completely finance off-site storm
or surface water drainage facilities, the City will enter into a
"latecomer's agreement" with the developer. All developer contri-
butions shall be placed in a separate revenue account for the
Storm and Surface Water Utility, earmarked for specific projects
or improvements, and utilized solely for such purpose(s).
ADMINISTRATION
7.20.300. STORM AND SURFACE WATER UTILITY ACCOUNTING.
All monies obtained pursuant to this Chapter shall be segregated,
credited, and deposited to the credit of City of Kent Storm and
Surface Water Utility. The monies so deposited shall be expended
only for administering, operating, maintaining, or improving storm
15 -
and surface water drainage facilities, including all or any part
of the cost of planning, designing, financing, acquiring,
constructing, maintaining, repairing, replacing, improving, or
operating present or future storm and surface water drainage
facilities owned by the Utility. Monies shall not be transferred
to any other funds of the City except to pay for expenses directly
attributable to storm and surface water drainage.
7.20.310. REGULATION AND ADMINISTRATION. The Director
of Public Works, or designee, is hereby authorized to administer
this Chapter unless otherwise designated herein. The Director of
Public Works also is hereby authorized and directed to formulate
any rules and regulations which are consistent with this ordinance
and which are necessary for its proper administration by the
officials of the Department of Public Works.
7.20.400. APPEALS.
A. Filing.
1. Any owner or owners who dispute the amount of a
charge pursuant to this Chapter 7.20, or who dispute any determi-
nation made by or on behalf of the City pursuant to and by
authority of this Chapter 7.20, may petition the Hearing Examiner
in writing for a hearing on a revision or modification of such
charge or determination, no later than twenty (20) days after
having been billed for such charge or after having been notified
of such determination. Such petition shall be filed with the City
Clerk upon payment of the disputed charge and a fifty (50) dollar
fee. The petition shall identify the property, describe all
improvements or proposed improvements, and allege specific errors
in a charge or the basis for the challenge of a determination.
a. For purposes of this subsection, notice of
determination shall be effective upon the date of mailing, postage
prepaid to the address of the person seeking the determination.
Notice of charges shall be the monthly account billing date,
PROVIDED, that a reduction or increase in charges shall only be
allowed from that billing date forward, for which an appeal is
filed.
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b. Pending hearing and final decision, the owner
shall pay current charges. Failure to pay current charges shall
result in dismissal of the appeal by the Hearing Examiner.
B. Hearing.
1. Upon receiving such a petition, the Hearing
Examiner shall schedule a hearing within 30 days. Notice of the
hearing shall be provided to the petitioner at least ten (10) days
prior to the hearing. Following the hearing, a final determina-
tion shall be made by the Hearing Examiner and the petitioner so
notified within 30 days.
2. All decisions of the Hearing Examiner shall be
based upon guidelines for storm and surface water drainage rate
appeals as amended, to be established by the Department of Public
Works on or before July 31, 1985, and as may thereafter be
amended. Such guidelines, and amendments thereto, shall be
effective upon filing with the City Clerk and publication in a
newspaper of general circulation in the City.
3. Nothing in this Chapter shall be construed as
granting any right of judicial review which does not previously
exist in law. The decision of the Hearing Examiner shall be final
and conclusive. A writ of review must be sought in the Superior
Court of King County, if at all, by an aggrieved party or person
within fourteen calendar days of the effective date of the
Examiner's decision.
7.20.500. PENALTIES - ENFORCEMENT.
A. Civil. Any violation of the provisions of this
Chapter shall be an infraction, and any person found in violation
thereof shall be subject to a penalty not to exceed $250 per day.
B. Criminal. Any knowing violation of the provisions
of this Chapter shall be a misdemeanor, and any person found
guilty thereof shall be punished by a fine not to exceed $5000 or
imprisonment in jail not to exceed one year or by both such fine
and imprisonment.
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C. Penalties Not Exclusive. The penalties authorized
in subsections A and B above shall not be exclusive. The Director
of Public Works is authorized to take such emergency measures as
are necessary to insure compliance with this Chapter. Violation
of the provisions of this Chapter may also give rise to such other
remedies or action necessary to carry out the purposes of this
Chapter.
Section 2. Section 2, Ordinance 1338, is hereby codified
as KCC 7.03.010, and amended to read as follows:
COMBINED UTILITY
7.03.010. The City is ((pEe9eat!1)) maintaining and
operating a sanitary sewage collection and disposal system
(Chapter 7.05 KCC), a storm and surface water utility (Chapter
7.20 KCC) and a system and plant for garbage and refuse collection
and disposal (Chapter 7.08 KCC), pursuant to the provisions of
Sections 35.21.120, 35.67.020 ((ael)), 35.92.020 and 35A.80.010 of
the Revised Code of Washington((, and)). Pursuant to the provi-
sions of RCW 35.67.020 the present sanitary sewage collection and
disposal system of the City, the present storm and surface water
utility, and the present system and plant for garbage and refuse
collection and disposal, together with all additions, extensions
and betterments thereof at any time made, are hereby combined into
a single utility, provided the accounting procedure for each
system shall be kept separate as required by RCW 35.37.010. The
combined sanitary sewage collection and disposal system of the
City, the storm and surface water utility, and the system and
plant for garbage and refuse collection and disposal, together
with all additions, extensions and betterments thereof at any time
made, shall hereinafter be called "system of sewerage."
Section 3. KCC 7.02.160 is amended to read as follows:
7.02.160. DELINQUENT UTILITY BILLS.
A. All utility bills are due and payable in the office
of the City Treasurer within ten days after the billing date
appearing on the bill. Bills not paid within twenty-one days of
the billing date shall be considered delinquent; provided, that
when the twenty-first day falls on a legal holiday, Saturday or
Sunday, the first business day thereafter shall be considered the
twenty-first day. If it becomes necessary to mail out a past due
reminder for a delinquent utility account, a fee of five dollars
((�)) shall be added to such utility account.
((�)) B. Delinquent Water Bill.
((A -v.)) 1. When a charge for water service is delin-
quent, the service shall be subject to shutoff upon notice to the
customer. Regulations governing issuance of notice, consistent
with this Chapter, shall be promulgated by the Director of
Finance. The service shall not be restored until full payment of
the delinquent account is received, together with a water
turnoff/on charge of twenty-five dollars.
((3,)) 2. Whenever a water service is in the name of
a renter, tenant or lessee, and is subject to turnoff for delin-
quency, the Utilities Department will send a duplicate notice of
delinquency to the owner of record shown on the application for
service.
C. Delinquent Sewer - Garbage - Drainage Bill.
1. SYSTEM OF SEWERAGE. Pursuant to RCW 35.67.331
and KCC 7.03.010, the combined sanitary sewage collection and
disposal system (sewage), the storm and surface water utility
(drainage), and the system and plant for garbage and refuse
collection and disposal (garbage) are all combined as the "system
of sewerage." Delinquent and unpaid rates and charges for sewage,
drainage on garbage service shall be subject to Chapter 35.67 RCW
and shall be deemed "delinquent and unpaid rates and charges for
sewer service" subject to KCC 7.02.160C.2.
2. DELINQUENT SEWER ((Bill)) SERVICE RATES AND
CHARGES - INTEREST - WATER SERVICE CUT OFF.
a. When a charge for sewer service is
delinquent, the City shall have a lien for delinquent and unpaid
charges, plus penalties, which lien shall be effected in accord-
ance with RCW 35.67.210. Liens for sewer service shall be
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effective for a period not to exceed six months delinquent charges
without the necessity of any writing or recording. In order to
make such a lien effective for more than six months, the Director
of Finance will cause to be filed for record in the Office of
Records and Elections of King County a notice setting forth the
amount of the delinquency, the name of the owner or reputed owner
who owes the bill and the description of the lot, tract or parcel
to which such lien shall attach. This lien may be foreclosed in
action in Superior Court pursuant to Chapter 35.67 RCW.
( (-B,) ) b. ((A ) ) Interest ((-) ) shall
be added to any delinquent and unpaid charge for sewer service in
the maximum amount allowed by RCW 35.67.200.
C. As an additional and concurrent method of
enforcing the lien authorized by Chapter 35.67 RCW and this
Section, the City may cut off water service from the premises to
which such sewer service was furnished after the charges become
delinquent and unpaid, until the charges and delinquent account
are paid. PROVIDED, the right to enforce the lien by cutting off
and refusing water service shall not be exercised after two years
from the date of the recording of sewerage lien notice except to
enforce payment of six months' charges for which no lien notice is
required to be recorded.
((44.+)) D. Provided, that the remedies set forth above
are not meant to be exclusive and that the City may use any
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alternate method of collecting delinquent charges that is avail-
able under common law or the laws of the State of Washington.
Section 4. Subsection 12.12A.510 D. Kent City Code (SEPA
Substantive Authority)(Ordinance 2494, as last amended by
Ordinance 2511) is amended as follows:
12.12A.510
D. The City designates the adopts by reference the
following additional policies as the basis for the City's exercise
of authority pursuant to this section:
1. The City shall use all practicable means,
consistent with other essential considerations of state policy, to
improve and coordinate plans, functions, programs, and resources
to the end that the state and its citizens may:
a. Fulfill the responsibilities of each
generation as trustee of the environment for succeeding
generations;
b. Assure for all people for Washington safe,
healthful, productive, and aesthetically and culturally pleasing
surroundings;
C. Attain the widest range of beneficial uses
of the environment without degradation, risk to health or safety,
or other undesirable and unintended consequences;
d. Preserve important historic, cultural, and
natural aspects of our national heritage;
e. Maintain, wherever possible, an
environment which supports diversity and variety of individual
choice;
f. Achieve a balance between population and
resource use which will permit high standards of living and a wide
sharing of life's amenities; and
g. Enhance the quality of renewable resources
and approach the maximum attainable recycling of depletable
resources.
2. The City recognizes that each person has a
fundamental and inalienable right to a healthful environment and
that each person has a responsibility to contribute to the
preservation and enhancement of the environment.
3. The City adopts by reference the policies in
the following City codes, ordinances, and resolutions:
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a. Kent Citywide Comprehensive Plan
(Resolution 817), and its specific components, including, but not
limited to the East Hill Plan (Resolution 972), the West Hill Plan
(Resolution 1016), the Kent Central Business District Plan
(Resolution 764) and the Valley Floor Comprehensive Plan
(Resolutions 873 and 924), as amended.
b. Shoreline Master Program (Resolution 907).
C. City of Kent Surface Water and Drainage
((Plan)) Code (KCC 12.14).
d. Electrical or Communications Facilities -
Underground Requirements (KCC 7.10).
e. Transportation Master Plan (Resolution
1014).
f. Wastewater Facilities Master Plan (KCC
7.12)
g. Comprehensive Water Plan (Ordinances 2369
and 2329).
h. Construction Standards for Public Works
(KCC 4.04)
i.
Street Use Permit Requirements (KCC 4.07).
j.
Flood Hazard Protection (KCC 14.22).
k.
Kent Subdivision Code (KCC 12.04).
1.
Kent Mobile Home Park Code (KCC 12.08).
M.
Valley Studies (as adopted in Resolutions
920, 921, 922, 923, and
924).
n.
Noise Control (KCC 9.20).
o.
State Building Code, together with the
local implementing ordinances (KCC Title 14).
P.
State Fire Code, together with the local
implementing ordinances
(KCC Title 13).
q.
Kent Zoning Code (KCC Title 15).
r.
Recreational Vehicle Park Code (KCC 12.06).
S.
Water Shortage Emergency Regulations (KCC
9.24).
t. Kent Comprehensive Park & Recreation
System Plan (KCC 4.10 & KCC 4.12).
U. Kent Public Improvements Ordinance (KCC
4.14 & KCC 4.18)
KCC 7.20).
V. Storm Drainage Utility (•((Grdinaeee--2325) )
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W. Storm Drainage Policies (Resolutions 920
and 937).
X. Six Year Transportation Improvement Plan
(Resolution 1020).
Y. Comprehensive Sewerage Plan (Resolution
915).
Z. Fire Master Plan (Ordinance 2511).
Section 5. Severability. If any section, subsection,
paragraph or part of this Ordinance as now or hereafter amended,
or its application to any person or circumstances, is held invalid
or unconstitutional, such adjudication shall not affect the
validity of the ordinance as a whole, or any section, provision,
or part thereof not adjudicated to be invalid or unconstitutional,
and its application to other persons or circumstances shall not be
affected.
Section 6. Effective Date. This ordinance shall take
effect and be in force five (5) days from and after its passage,
approval and publication as provided by law. The effective date
for the rates and charges provided herein shall be April 15, 1985;
PROVIDED, should the billing mechanism not be operational to allow
for such a billing date, then the effective date for the rates and
charges shall be May 1, 1985.
SABEL HOGAN, MAYO
ATTEST:
MARIE JENSEN ITY C ERK -
APPROVED AS TO FORM: -
P. STEP EN DiJULIO, ITY ATTORNEY
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1
PASSED the day of 1985.
APPROVED the -; _day of 1985.
PUBLISHED the day of ��� 1985.
I hereby certify that this is a true copy of Ordinance
No.C2s4/ 7 passed by the City Council of the City of Kent,
Washington, and approved by the Mayor of the City of Kent as hereon
indicated.
01020-050
(SEAL)
MARIE EN, CITY CLERK
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