HomeMy WebLinkAbout3819Ordinance No. 3819
(Amending or Repealing Ordinances)
CFN=110-Water Rates
CFN=131-Zoning Codes
CFN=205-Uniform Fire Codes
CFN=1038-Public Works
Passed - 11/21/06
Amend Street Permit and Inspection Fees,
Preventable Fire Alarm Fees
Water & Storm Drainage Rates, and
(Amends Secs. 6.06.050;6.07.170;7.02.300;7.02.310;7.05.090;
12.06.070;13.03.070)
Amends Ords 2202;3713 (Sec. 6.06.050)
Amends Ords. 3471;3534;3713 (Sec. 6.07.170)
Amends Ords. 2495;2732;3043;3143;3486;3534;3627;3779
(Secs 7.02.300 & 7.02.310)
Amends Ords. 2547;3042;3224;3453;3459;3461;3488;3527;
3534 (Sec. 7.05.090)
Amends Ords. 1836;3094;3231 (Sec. 12.06.070(C))
Amends Ord. 3702 (Sec. 13.03.070)
Amended
by Ord.
3864;3901 (secs. 7.02.300;7.02.310;7.05.090)
Amended
by Ord.
3915
(Secs. 7.02.300;7.02.310)
Amended
by Ord.
3981
(Sec. 7.05.090)
Amended
by Ord.
4019
(Sec. 7.05.090)
Amended
by Ord.
4021
(Secs. 6.06.050;6.07.170)
Amended
by Ord.
4060
(Sec. 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
ORDINANCE NO. 39/! 9
AN ORDINANCE of the city council of the city of
Kent, Washington, which relates to the 2007 fiscal year
budget and amends various fees and rates established
by the Kent City Code concerning street permit and
inspection fees, water and storm drainage rates, and
preventable fire alarm fees, which fee amendments
shall be assessed and collected beginning in the 2007
fiscal year budget.
RECITALS
A. In order to more accurately compensate the city for a portion of the
actual costs incurred when conducting or issuing street permit or inspection fees,
water and storm drainage rates, and preventable fire alarm fees, it is appropriate
to adjust some of those fees upward in light of the increased cost of labor and of
the materials and equipment necessary to conduct, record, document, and
maintain those permits, inspections, fees, and associated records.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
ORDINANCE
SECTION 1. - Street and Curb Cut Permit and Inspection Fees. Section
6.06.050 of the Kent City Code relating to street and curb cuts and entitled
"Permit and inspection fees and permit renewal," is amended as follows:
1 Amend Street Permit and Inspection
Fees, Water and Storm Drainage Rates,
And Preventable Fire Alarm Fees
Sec. 6.06.050. Permit and inspection fees and permit renewal.
A. The basic fee for a permit to cut a street, curb, sidewalk, or any portion of
city right-of-way, whether or not improved, shall be three hundred dollars
($300) and beginning January 1 2007 this basic fee shall increase to four
hundred fifty dollars ($450). This basic fee shall apply to all utility work within
the public right-of-way that involves cutting the public right-of-way. Utility work
shall include, but not be limited to, work performed in association with gas,
telephone, electric power, cable TV, water, stormwater, and sewer, and
underground facilities.
B. An additional time charge will be made where total review and inspection
time exceeds six (6) hours. Such extra charge will be invoiced to the applicant
separately at the rate of fifty dollars ($50) per hour, which is less than the
average actual hourly cost for city staff employed to process these permits.
Beginning January 1, 2007, this extra charge shall increase to a rate of seventy-
five dollars ($75) per hour.
C. Wherever work for which a permit is required by this chapter is
commenced or performed prior to obtaining such permit, the basic permit fee
shall be doubled, but the payment for such double fee shall not relieve any
person from full compliance with all of the requirements of this chapter in the
execution of the work, nor from any other penalties which may be provided for in
this chapter, including criminal penalties.
SECTION 2. - Street Use Permit and Inspection Fees. Section 6.07.170 of
the Kent City Code relating to street use permits and entitled "Permit and
inspection fees," is amended as follows:
Sec. 6.07.170. Permit and inspection fees.
A. The basic fee for a street use permit shall be as follows:
1. KCC 6.07.040. Construction and property development,
including utility work not requiring cuts: two hundred dollars ($200).
2 Amend Street Permit and Inspection
Fees, Water and Storm Drainage Rates,
And Preventable Fire Alarm Fees
2. KCC 6.07.060. Street vendors: one hundred dollars ($100) per
year; beginning January 1 2007 two hundred dollars ($200) per year.
Permits are issued annually.
3. KCC 6.07.070. Sidewalk cafes: one hundred dollars ($100) per
year: beginning January 1, 2007, two hundred dollars ($200) per year.
Permits are issued annually.
4. KCC 6.07.090. Street closures: fifty dollars ($50); beginning
January 1, 2007, two hundred dollars ($200).
5. KCC 6 07.100. Master use permit: one hundred dollars ($100)i
beginningJanuary1, 2007, two hundred dollars (5200).
B. Where total inspection time exceeds two (2) hours, an extra charge shall
be invoiced to the applicant at an hourly rate to be established annually by the
director. Beginning January 1, 2007, this extra charge shall increase to an hourly
rate of seventy-five dollars ($75) per hour
SECTION 3. - Water Rates for Service Within the City - Monthly Demand
Charge. That portion of Kent City Code section 7.02.300, entitled "Water rates
within the city," which pertains to the monthly demand charge assessed to
customers inside the city limits is amended as follows:
Sec. 7.02.300. Water rates within the city.
A. Water rates. The following staggered rates apply during the time periods
listed below. Within each time period, the lower rate applies per one hundred
(100) cubic feet of water used for up to or equal to seven hundred (700) cubic
feet, and the higher rate applies per one hundred (100) cubic feet of water used
in excess of seven hundred (700) cubic feet:
3 Amend Street Permit and Inspection
Fees, Water and Storm Drainage Rates,
And Preventable Fire Alarm Fees
Effective Date October 1 - April 30 May 1 - September 30
All rates are also subject to a monthly demand charge for service and
meter, which is as follows:
Meter size Charge Through Charge Effective
(Inches) December 31 2006 January 1, 2007
5/8 x 3/4
< 700 ft3
> 700 ft3
< 700 ft3
> 700 ft3
12/31/1999
$1.24
$1.69
$1.64
$2.09
01/01/2003
$1.30
$1.77
$1.72
$2.19
01/01/2004
$1.37
$1.86
$1.81
$2.30
01/01/2005
$1.44
$1.95
$1.90
$2.42
All rates are also subject to a monthly demand charge for service and
meter, which is as follows:
Meter size Charge Through Charge Effective
(Inches) December 31 2006 January 1, 2007
5/8 x 3/4
$2.20
1 .n
_... $2.45 . .._®...
1 1/2
$3.30
2
$4.00
3
$13.95
4
$16.80
6
$28.10
8
$37.59
10
$49.46
3.76
4.19
5.64 •�
6.84
23.85
28.72
48.03
64.25
84.53
B. Lifeline customers. The city council will establish eligibility criteria for
lifeline customers. For lifeline -qualified water service customers, the following
rates apply for water use per one hundred (100) cubic feet:
Effective Date January 1 - December 31
12/31/1999 $0.45
01/01/2003 $0.47
4 Amend Street Permit and Inspection
Fees, Water and Storm Drainage Rates,
And Preventable Fire Alarm Fees
01/01/2004 $0.49
01/01/2005 $0.51
All lifeline rates are also subject to the monthly demand charge for service
and meter as set forth in subsection (A) of this section.
C. Rare adjustment.
1. Subject to the right of access and inspection by a representative of
the city, water service customers of the city may apply for a one-time rate
adjustment for any single billing period under the following circumstances:
property; or
a. An accidental water leak has been discovered on the subject
b. A water line failure has occurred on the subject property; or
C. An unexplained, abnormal water meter reading has occurred
on the subject property even though subsequent city inspection of the water
meter indicates that the meter is functioning properly.
This rate adjustment shall not exceed fifty (50) percent of the difference
between the total amount of the billing period sought for adjustment minus the
customer's average water usage. For the purposes of this subsection, the
"average water usage" shall be computed by determining the total volume of
water consumed, under normal use conditions, during the preceding twelve (12)
months and dividing that total volume by the number of times the city would
typically read the customer's water meter in a twelve (12) month period.
2. This rate adjustment is permitted on a one-time basis only and can
only be applied to one (1) billing period. To be eligible for this rate adjustment,
the affected water system must be owned by or subject to the exclusive control
of the customer and be located between the city's water meter and owner's
residence or structure. The bill sought for adjustment must exceed two (2) times
the customer's highest usage in any single billing period during the twelve (12)
months prior to the billing period sought for adjustment.
5 Amend Street Permit and inspection
Fees, Water and Storm Drainage Rates,
And Preventable Fire Alarm Fees
3. Following a request for rate adjustment provided under this
subsection, the city's finance director, or his/her designee, shall review the
request and determine whether or not to adjust the customer's monthly billing. In
order to make a proper determination, city staff shall be entitled to access,
inspect and approve the customer's water system repair prior to granting a rate
adjustment.
4. If approved, the city shall make this rate adjustment by issuing a
credit to the customer's account after verification of leakage or water system
failure, inspection of water meter and water system, where applicable, and
verification of corrective repairs. All repairs shall occur within thirty (30) days of
application to the city.
5. The owner may request reconsideration of the decision of the
finance director, or his/her designee, by the city council through the city council's
operation committee.
SECTION 4. - Water Rates for Service Outside the City. That portion of
Kent City Code section 7.02.310, entitled "Water rates outside city," which
pertains to the monthly demand charge assessed to customers outside the city
limits is amended as follows:
Sec. 7.02.310. Water rates outside city.
A. Water rates. The following staggered rates apply during the time periods
listed below. Within each time period, the lower rate applies per one hundred
(100) cubic feet of water used for up to or equal to seven hundred (700) cubic
feet, and the higher rate applies per one hundred (100) cubic feet of water used
in excess of seven hundred (700) cubic feet:
Effective Date October 1 - April 30 May 1 - September 30
< 700 ft3 > 700 ft3 < 700 ft3 > 700 ft3
12/31/1999 $1.64 $2.09 $2.00 $2.46
01/01/2003 $1.72 $2.19 $2.10 $2.58
6 Amend Street Permit and Inspection
Fees, Water and Storm Drainage Rates,
And Preventable Fire Alarm Fees
01/01/2004
$1.81
$2.30
$2.21
$2.71
01/01/2005
$1.90
$2.42
$2.32
$2.85
All rates are subject to a monthly demand charge for service and meter
which is as follows:
Meter size
Charge Through
Charge Effective
(inches)
December 31, 2006
January 1, 2007
5/8 x 3/4
$2.20
$3.76
1
$2.45
$4.19
1 1/2
$3.30
$5.64
2
$4.00
$684
3
$13.95
$23.85
4
$16.80
$28.72
6
$28.10
$48.03
8
$37.59
$64.25
10
$49.46
$84.53
B. Lifeline customers. The city council will establish eligibility criteria for
lifeline customers. For lifeline -qualified water service customers, the following
rates apply for water use per one hundred (100) cubic feet:
Effective Date
January 1 - December 31
12/31/1999
$0.48
01/01/2003
$0.50
01/01/2004
$0.53
01/01/2005
$0.56
All lifeline rates are also subject to the monthly demand charge for service
and meter as set forth in subsection (A) of this section.
7 Amend Street Permit and Inspection
Fees, Water and Storm Drainage Rates,
And Preventable Fire Alarm Fees
C. Rate adjustment.
1. Subject to the right of access and inspection by a representative of
the city, water service customers of the city may apply for a one-time rate
adjustment for any single billing period under the following circumstances:
property; or
a. An accidental water leak has been discovered on the subject
b. A water line failure has occurred on the subject property; or
C. An unexplained, abnormal water meter reading has occurred
on the subject property even though subsequent city inspection of the water
meter indicates that the meter is functioning properly.
This rate adjustment shall not exceed fifty (50) percent of the difference
between the total amount of the billing period sought for adjustment minus the
customer's average water usage. For the purposes of this subsection, the
"average water usage" shall be computed by determining the total volume of
water consumed, under normal use conditions, during the preceding twelve (12)
months and dividing that total volume by the number of times the city would
typically read the customer's water meter in a twelve (12) month period.
2. This rate adjustment is permitted on a one-time basis only and can
only be applied to one (1) billing period. To be eligible for this rate adjustment,
the affected water system must be owned by or subject to the exclusive control
of the customer and be located between the city's water meter and owner's
residence or structure. The bill sought for adjustment must exceed two (2) times
the customer's highest usage in any single billing period during the twelve (12)
months prior to the billing period sought for adjustment.
3. Following a request for rate adjustment provided under this
subsection, the city's finance director, or his/her designee, shall review the
request and determine whether or not to adjust the customer's monthly billing. In
order to make a proper determination, city staff shall be entitled to access,
8 Amend Street Permit and Inspection
Fees, Water and Storm Drainage Rates,
And Preventable Fire Alarm Fees
inspect and approve the customer's water system repair prior to granting a rate
adjustment.
4. If approved, the city shall make this rate adjustment by issuing a
credit to the customer's account after verification of leakage or water system
failure, inspection of water meter and water system, where applicable, and
verification of corrective repairs. All repairs shall occur within thirty (30) days of
application to the city.
5. The owner may request reconsideration of the decision of the
finance director, or his/her designee, by the city council through the city council's
operation committee.
SECTION 5. — Storm and Surface Water Utility Charges. Section 7.05.090
of the Kent City Code relating to the city's storm and surface water utility and
entitled "System of charges," is amended as follows:
Sec. 7.05.090. System of charges.
A. There is hereby imposed a system of charges on each parcel of real
property within the city 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 administration, planning, design, construction,
operation, maintenance, repair, improvement, and replacement of all existing and
future storm and surface water facilities, including the accumulation of reserves
and the retirement of any associated debt.
B. The following charges are hereby established for all parcels of real property
in the city:
1. Residential parcels. Effeetive 3anuairy 1, 1998, the single fam4y
eaeh paFeel having ene (1) Fesidential dwelling plus the basin speefle eharge ef
Effective December 31, 1999, the single-family
residential rate shall be two dollars and forty-seven cents ($2.47) per month for
9 Amend Street Permit and Inspection
Fees, Water and Storm Drainage Rates,
And Preventable Fire Alarm Fees
each parcel having one (1) residential dwelling plus the basin -specific charge of
subsection (B)M, 4) of this section. Effective January 1. 2007, the single-family
residential rate shall be two dollars and fifty-seven cents ($2.57) per month for
each parcel having one (1) residential dwelling plus the basin -specific chard of
subsection (BB)(5) of this section.
2. Agricultural and undeveloped parcels. Agricultural parcels shall be
charged the monthly residential parcel rate. Undeveloped parcels shall not be
charged.
3. Other parcels.
a. The charge for all other parcels except residential parcels,
agricultural parcels and undeveloped parcels shall be based upon:
(1) The total amount of impervious surface as expressed
in equivalent service units (an equivalent service unit has been determined to be
two thousand five hundred (2,500) square feet of impervious surface or any
fraction thereof); and
parcel.
(2) The percentage of impervious surface area on each
b. The charge for all such parcels shall be computed:
(1) By multiplying the total number of ESUs on each by
the appropriate parcel impervious multiplier; and
(2) Multiplying the results by the sum of the single-family
residential rate and the appropriate basin -specific charge.
C. Impervious multipliers are hereby established:
10 Amend Street Permit and Inspection
Fees, Water and Storm Drainage Rates,
And Preventable Fire Alarm Fees
(1)
Percentage of impervious area per parcel Impervious
(impervious surface/total surface x 100) multiplier
1 to 40 1
41 to 60 1.2
61 to 80 1.4
81 to 100 1.6
(2) Impervious multipliers correlate the hydraulic impact
of a parcel to its percentage of impervious surface per parcel. The multiplier for
the average single-family residence is established as one (1). The multiplier
linearly increases as the percentage of impervious area increases. The final
category has a multiplier of one and six -tenths (1.6) which reflects the hydraulic
impact on the drainage system compared to that impact of the average single-
family residence.
4. Road systems. The impervious surface area for city roads shall be
assessed thirty (30) percent of the charge established in subsection (13)(3) of this
section for impervious service areas.
S. Basin -specific charges. The city shall have all lawful powers and
authorities to fix, alter, regulate and control charges within specific basins and
subbasins. The purpose of the power and authority granted in this section is to
provide for charging parcels of one (1) basin or subbasin for improvements,
studies or extraordinary maintenance which specifically and solely benefit the
property owners thereof. The basin -specific charges are as follows:
Basin
Westside
O
Charge in dollars per ESU per month
Effective Date Effective DateY
December 31, 1999 January 1, 2007
0.10
K, L, M, D, E, F, 9-43 0.14
P & N
0.10
0.15
11 Amend Street Permit and Inspection
Fees, Water and Storm Drainage Rates,
And Preventable Fire Alarm Fees
Eastside
Mill Creek
Upper (G)
4$7
4.11
4.27
Lower (A)
4.86
5.05
Valley Det. (Q)
4$1
4.86
5.05
Garrison Creek
Lower (B)
2-.()2
2.04
2.12
Upper (J & I)
4-.85
1.87
1.94
Direct (C)
2-42
2.14
2.23
Soos Creek (H)
9-99
4.18
4.35
The boundaries of the described basins are generally indicated on
Attachment A to Ordinance No. 3461 which is on file with the city clerk. The
boundaries of the basins and subbasins are generally defined and on file in the
city clerk's office. The detailed definitions thereof are reflected on maps filed in
the engineering division of the public works department, which are available to
the public for review and/or copying during normal business hours.
6. Water quality charges.
a. The city hereby authorizes and declares its intent to
establish, within two (2) 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 ninety (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 shall be developed within two (2)
years.
12 Amend Street Permit and Inspection
Fees, Water and Storm Drainage Rates,
And Preventable Fire Alarm Fees
b. 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.
7. 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.
SECTION 6. - Fees for Recreational Vehicle Park Applications. Section
12.06.070(C) of the Kent City Code regarding recreational vehicle parks, and
entitled "Application procedures," is amended as follows:
Sec. 12.06.070. Application procedures.
C. The preliminary development plan of the proposed recreational vehicle park
together with an application for a combining district shall be submitted to the
planning department. Application forms for a combining district are available in
the planning department office. The preliminary development plan and application
for a combining district must be submitted to the planning department at least
twenty-five (25) days prior to the date the developer intends to be heard before
the hearing examiner. A fee of one -thousand six hundred and sixteen dollars fi#ty
deNaFs-($58 1 616) shall be paid at the time of
application. Within two (2) days of receipt of the application the planning
department shall set a time and date for a preliminary plan meeting between the
developer and the responsible departments. The comments resulting from the
preliminary plan meeting, as well as any written comments received by the
planning department, shall be considered in preparing the staff recommendation
to be presented to the hearing examiner.
13 Amend Street Permit and Znspection
Fees, Water and Storm Drainage Rates,
And Preventable Fire Alarm Fees
SECTION 7. - Fees for Preventable Fire Alarms, Section 13.03.070 of the
Kent City Code regarding preventable activation of fire protection systems and
entitled "Penalties - Fees - Notice of correction," is amended as follows:
Sec. 13.03.070. Penalties - Fees - Notice of correction.
A. Fees. Each calendar year, which shall run January 1st through December
31st, the city shall charge and collect fees for preventable activations that require
response by fire department personnel. The fees assessed shall be charged to
and collected from the owner or manager of the premises. The fees shall be
assessed as follows:
1. Preventable nuisance alarms:
a. First violation: No penalty.
b. Second violation: No penalty.
C. Third violation: seventy-five dollars ($75)1
beainnina January 1, 2007, eiahty-one dollars
81 .
d. Fourth violation: one hundred dollars ($100);
beginning January 1, 2007, one hundred eight
dollars ($108).
e. Fifth violation: one hundred twenty-five dollars
($125) beginning January 1, 2007, one hundred
thirty-five dollars ($135).
2. Preventable malfunction alarms:
a. First violation: No penalty.
b. Second violation: fifty dollars ($50); beginning
January 1, 2007, fifty-four dollars ($54).
C. Third violation: seventy-five dollars ($75)1
beginning January 1. 2007, eighty-one dollars
81 .
d. Fourth violation: one hundred dollars ($100)1
beginning January 1, 2007, one hundred eight
dollars ($108).
14 Amend Street Permit and inspection
Fees, Water and Storm Drainage Rates,
And Preventable Fire Alarm Fees
e. Fifth violation: one hundred fifty dollars ($150)i
beginning January 1, 2007, one hundred sixty-
two dollars ($162).
3. Excessive activations. Each preventable activation in
excess of five (5) during any one (1) year shall be assessed a fee of two
hundred fifty dollars ($250). Beginning January 1, 2007, this fee shall
increase to two hundred sixty-nine dollars ($269).
4. Fire department personnel wait time. In addition to the
fees set forth in subsection (A) of this section, in the event the owner,
manager, or other notified person fails to respond to the premises within
thirty (30) minutes of notification, the owner or manager shall be assessed a
fee equal to the hourly wage paid to fire department personnel for the time
spent waiting in excess of thirty (30) minutes, calculated to the nearest
quarter hour; provided, that in the event the fire department is required to
hire an off-duty fire department employee to work as a result of the fire
department's response, the owner or manager shall be assessed the cost to
the city of hiring the off-duty firefighter.
B. Preventable malfunction - Notice of correction. In addition to the fee
assessment set forth in subsection (A) of this section, the owner or manager of
the premises shall within fifteen (15) working days after receipt of written notice
to do so, prepare a written report to the fire chief, on a form provided by the city,
setting forth the cause of an alarm's malfunction, the corrective action taken by
the owner or occupier, whether and when such fire protection system has been
inspected by authorized service personnel, and such other information as the fire
chief may reasonably require to determine the cause of the malfunction, any
mitigating circumstances, and the corrective action necessary.
SECTION S. - Severability. If any one or more section, subsections, or
sentences of this ordinance are held to be unconstitutional or invalid, such
decision shall not affect the validity of the remaining portion of this ordinance and
the same shall remain in full force and effect.
15 Amend Street Permit and Inspection
Fees, Water and Storm Drainage Rates,
And Preventable Fire Alarm Fees
SECTION 9. - Effective Date. This ordinance shall take effect and be in
force thirty (30) days from and after its passage as provided by law. However,
the fees amended by this ordinance shall not be assessed and collected until
January 1, 2007, which begins the 2007
ATTEST:
BRENDA JACOBER, CITYCGE
RK
APPROVED AS TO FORM:
Wv \
TOM RUBAKE , CITY ATTORNEY
I year budget.
OKE, MAYOR
PASSED:
day of , 2006.
APPROVED: a a
day of / w l� , 2006.
PUBLISHED:
day of , 2006.
I hereby certify that this is a true copy of Ordinance No. -T8'1'7 passed by
the city council of the city of Kent, Washington, and approved by the mayor of the
city of Kent as hereon indicated.
P \Gvll\ONlnana\%..Ixr{„Te-root-SReeeeWate�reF..s dnc _
i
(SEAL)
BRENDA 3ACOBER,btITY CLERK
16 Amend Street Permit and Inspection
Fees, Water and Storm Drainage Rates,
And Preventable Fire Alarm Fees