HomeMy WebLinkAbout4425ORDINANCE NO. 4425
AN ORDINANCE of the City Council of the
City of Kent, Washington, repealing and replacing
Chapter 7.05 of the Kent City Code, entitled "Storm
and Surface Water Utility," combining and
consolidating sections from Chapter 7 'Q7, entitled
"surface Water and Drainage Code," and then
repealing Chapter 7 .O7 .
RECITALS
A. The City 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'
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 finds that each owner of a parcel of real property within the
city should pay their share of the cost of constructing, operating,
maintaining, repairing, improving and replacing drainage facilities in
proportion to the amount of run-off contributed to the drainage system
beyond that which would occur if the parcel were in its natural state'
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D. The City finds that clear and specific stormwater management
standards, regulations, and policies must be maintained to prevent
degradation of natural waters to the maximum extent practicable and
therefore codification of these stormwater management regulations is
necessary.
E. The City finds that new state stormwater rules, promulgated through
municipal National Pollutant Discharge Elimination System permits, as well
aS changes to city processes and the program requirements over time,
necessitate the update of these code sections.
F. The City finds that for clarity and ease of use, code Sections 7.05, and
7.07 should be combined into a single chapter.
G. The ordinance was submitted to the Department of Commerce on
October 22,202L.
H. On October 22,2Q21, the City's SEPA Responsible Official issued a
Determination of Non-Significance for the proposed code amendment'
L At its regularly scheduled meeting on January 10, 2022, the City of
Kent Land Use and Planning Board held a public hearing regarding the
proposed code amendments and provided recommendation for Council
adoption.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
ORDINANCE
9E9TION 7. - Repeal. chapter 7.05 of the Kent city code, entitled
"Storm and Surface Water Utility," is hereby repealed in its entirety'
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9EOTION 2. - New Chapter. A new chapter 7.05 of the Kent city
Code, entitled "Storm and Surface Water Utility," is hereby enacted as
follows:
ChaPter 7.05
STORM AND SURFACE WATER UTILITY
Sec. 7.O5.01O. Purpose. The purpose of this storm and surface
water utility code section is to establish authority to operate and maintain
the stormwater utility, define requirements for connection to the stormwater
system, describe requirements and prohibitions for discharging stormwater
to the stormwater utility system, describe the required standards for design,
construction, and maintenance of private stormwater facilities and
infrastructure, and define the enforcement mechanisms for ensuring
compliance with this chaPter.
Sec. 7.05.020. Definitions. As used in this chapter, the following
words, terms, and phrases shall have the meanings ascribed to them in this
section, unless a different meaning is plainly required.
A. Clean Water Act (CWA) means the federal Water Pollution Control Act
(33 U.S.C. 1251, et seq.), and any subsequent amendments thereto.
B. Detention means the temporary storage of storm and surface water
run-off with provisions for the controlled release of the stored water.
C. Detention facilities means facilities designed to hold runoff while
gradually releasing it at a predetermined rate.
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D. Developer means the individuals or corporations applying for the
permits or approvals described in KCC 7'05'O7O'
E. Director means the City of Kent Public Works Director or designee.
F. Emergency means a situation that poses an immediate risk to health,
life, property, or environment.
G. Equivalent service unit (ESU) means 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 (1) ESU is equal to two thousand five hundred (2,500) square
feet of impervious surface area or any portion thereof.
H. Flow controt facility means a drainage facility designed in accordance
with the drainage requirements in this chapter to mitigate the impacts of
increased stormwater runoff generated by site development. A flow control
facility is designed to hold water for a considerable length of time and then
release it by evaporation, plant transpiration, infiltration into the ground
and/or to hold runoff for a short period of time and then release it to the
conveyance system.
L lmpervious multiplier means a multiplier used in the city storm and
surface water utility rate formula which reflects the hydraulic impact of
increasing percentages of impervious surface area' The effect of such
multiplier is to increase the monthly service charge for parcels having a
higher ratio of impervious surface area to total surface area.
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J. Impervious surface means that hard surface area which either
prevents or retards the entry of water into the soil mantle as it entered under
natural conditions preexistent to development, 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 preexistent
to development. Common impervious sudaces include but are not limited to
rooftops, concrete or asphalt paving, paved walkways, patios, driveways,
parking lots Or storage areas, and oiled, macadam, crushed rock, or other
surfaces which similarly impede the natural infiltration of surface water.
K. Maintenance means the act or process of cleaning, repairing, or
preserving a system, unit, facility, structure or piece of equipment.
L. Nationat Pollutant Discharge Etimination System (NPDES) means the
permitting program under the Clean Water Act for preventing and reducing
the discharge of pollutants to surface waters of the state'
M, Parcelmeans the smallest separately segregated unit or plot of land
having an identified owner, boundaries, and surface area which is
documented for tax purposes and given a tax account (lot) number by the
King County assessor.
N. Parce[ agricultural means 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 noncommercial activities. This does not
include parcels zoned primarily for single-family residence'
O. Parcel, developed means any parcel which has been altered by
grading or filling of the ground surface or by construction of any
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improvement or other impervious sutface area which affects the hydraulic
properties of the parcel.
p. parcel, single-family residenfial means any parcel of land with a single
detached building containing only one residential housing unit that is
completely separated from any other structure, except its own garage or
shed.
a. parcel, undeveloped means any parcel which has not been altered by
grading or filling of the ground surface, or by construction of any
improvements or other impervious surface area which affects the hydraulic
properties of the parcel,
R, Pottutant means anything that causes or contributes to pollution'
Pollutants may include, but are not limited to: oil and gas, paint, metals,
biological contamination, solvents, human and animal wastes, dirt and
sediment.
S. Rainwater harvesting system means a system that is properly sized
to utilize the available roof surface on any new or remodeled commercial
building, which complies with the guidelines established by the Washington
State Building Code Council for a harvesting system that collects and stores
rainwater for the purpose of supplying water to plumbing fixtures, industrial
applications, or used for irrigation purposes'
T. Retention means the storage of storm and surface water runoff with
no provisions for release of the stored water other than by evaporation, plant
tra nspiration and/or infi ltration,
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U. Stormwater means any surface flow, runoff, and drainage consisting
of water from any form of natural precipitation, and resulting from such
precipitation.
V. Stormwater system means facilities through which stormwater is
collected, conveyed, or treated, including but not limited to inlets,
conveyance pipes, pumping facilities, retention and detention basins, water
quality facilities, drainage channels, infiltration facilities, and other drainage
structu res.
W. Surface Water Design Manualmeans the manual of technical and
administrative procedures established by the public works department
which delineates methods to be used, the level of detail of analysis required,
and other details for implementation of the provisions of this surface water
and drainage code.
X. Waters of the state means those waters as defined as "waters of the
United States" in 40 CFR L22.2, within the geographic boundaries of the
state of Washington, and those "Waters of the state" as defined in
Chapter 90.48 RCW, which includes lakes, rivers, ponds, streams, inland
waters, underground waters, salt waters, and all other surface waters and
watercourses within the jurisdiction of the state of Washington.
Y. Water quality standards means surface water quality standards -
Chapter I73-2OLA of the Washington Administrative Code (WAC),
groundwater quality standards - Chapter 173-200 WAC, and sediment
management standards - Chapter 173-204 WAC.
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Sec. 7.O5.O30. Storm and surface water utility created.
A. There is hereby created and established the storm and suface water
utility of the City of Kent under which the provisions of this chapter shall be
carried out.
B. The Director is authorized to administer, implement, and enforce the
provisions of this chapter. The Director may establish inspection programs
to ensure compliance with the requirements of this chapter and the Western
Washington Phase II Municipal Stormwater Permit'
sec. 7.o5.o4o. storm and surface water system. There is
hereby specified and adopted the storm and sufface water system shown on
the city's geographic information system geodatabase (electronic maps)'
A. Facitity ownership. The utility owns all elements of the public storm
and suface water system, including those systems located in public rights-
of-way and in easements or tracts dedicated to and accepted by the utility
to the extent that public ownership is indicated as a matter of record or by
law. Maintenance responsibility may be delegated in a separate agreement'
B. Accepting ownership of private facilities. The utility may accept
ownership (or other property rights) and maintenance responsibility for
privately built drainage facilities when all of the following conditions are met:
1. Ownership of the private drainage facility by the utility would
provide a public benefit;
2. Necessary and appropriate property rights are offered by the
property owner at no cost;
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3. The private drainage facility substantially meets current code
and engineering standards, as determined by the utility, or is brought up to
current code.and engineering standards by the property owner;
4. The site has access for facility maintenance in accordance with
criteria provided in the code and the engineering standards;
5. The utility has adequate resources to maintain the facility;
6. In the case of runoff control or water quality facilities, the
private drainage facility serves a residential subdivision or short plat (rather
than a commercial property or an individual single-family residence or
duplex); and
7. The private drainage facility is transferred to the utility by bill
of sale at no cost to the city.
Sec. 7.O5.O5O. Drainage master plan adopted. The plan entitled
City of Kent Drainage Master Plan prepared by the City, dated 2008, and
filed with the city clerk, 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:
A. Improvements in the city's system of storm and surface water
facilities;
B. Construction of needed new storm and surface water facilities; and
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C. Operation and maintenance of storm and surface water facilities
within the utility's service area.
Sec. 7.O5.060. Compliance with city standards. All storm and
surface water systems, whether public or private, or whether upon private
or public property, shall be designed, installed, and maintained in strict
accordance with the Kent Surface Water Design Manual and the Kent Design
and Construction Standards and any other applicable city codes, standards,
and ordinances. All construction and maintenance of those systems shall be
subject to the inspection by the Director.
Sec. 7.O5.O7O. Permits required. A permit is required for all work
to construct, install, modify, place, or attempt to construct, install, modify,
or place any storm or surface water drainage structure or facility within the
city and must be obtained before any work begins. This section shall not be
construed to duplicate any other existing city requirements.
Sec. 7.O5.O8O. Inspection of private drainage facilities.
A. The Director is authorized to establish inspection programs to ensure
compliance with the requirements of this chapter and to accomplish its
purposes. Inspection programs may be established on any reasonable basis,
including but not limited to: routine inspections; random inspections;
inspections based upon complaints or other notice of possible violations;
inspection of drainage basins or areas identified as higher than typical
sources of sediment or other pollutant or pollutants; inspections of
businesses or industries of a type associated with higher than usual
discharges of pollutant or pollutants; and joint inspections with other
agencies inspecting under environmental or safety laws. Inspections may
include, but are not limited to: reviewing maintenance and repair records;
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Sampling discharges, surface Water, groundwater, and material or water in
drainage control facilities; screening for or tracking illicit discharges or illicit
connections; and evaluating the condition of drainage control and water
quality facilities and other Best Management Practices, including those
located on private proPertY.
B. If upon inspection, it is determined that the facility contains pollutant
sources that are not mitigated adequately according to the Kent Surface
Water Design Manual and Kent City Code, notice may be given that pollutant
Source control Best Management Practices must be constructed or
implemented for pollutant generating sources. Failure to implement Best
Management Practices shall be a violation of this chapter'
Sec. 7.O5.O9O. Re-InsPection.
A. If a violation of this chapter or other applicable federal, state, or local
code provision is discovered in an inspection, a re-inspection must be
requested after the violation has been corrected. Safe access to re-inspect
the corrective work must be provided'
B. The Director may impose a re-inspection fee on any account for storm
drainage facilities found not to be within compliance of this chapter' This
inspection fee shall be independent of any current or future penalties
enforced through this chapter. Re-inspection fees shall be applied if re-
inspection occurs beyond the normal routine of inspection and verification
of maintenance or correction of the function of the stormwater system or
facilities or nonstormwater discharges to the stormwater drainage system,
surface water bodies, or groundwater'
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Sec. 7.O5.1OO. Entry onto premises. With the consent of the
owner of any premises, through permissions granted or pursuant to a
lawfully issued warrant, Public Works Department staff may enter any
premises at any reasonable time to perform the duties imposed by this
chapter. No consent, warrant, or permission is required to enter those areas
open to the public generally or to which no reasonable expectation of privacy
exists,
sec. 7.o5.110. Declaration of emergency. If an emergency
exists that could cause harm or damage to humans, property, or the
environment, the Director may authorize representatives of the utility or
enforcement officers to take necessary abatement action, to conduct
inspections, take remedial action, or to carry out other duties imposed or
required by this code subject to the provisions of this chapter,
Sec. 7.O5.12O. System of charges.
A. The following charges are hereby established for all parcels of real
property in the citY:
S i ng le -fa m i ly resi.dentia I pa rce ls. The si n g le-fa m i ly residentia I
rate shall be as follows
Charged in Dollars Per Month, Per Single-
Family Residential Dwelling
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Effective January 7,
2079
Effective JanuarY 7,
2020
Effective JanuarY 7,
2027
$12.81 $ 13.03 $13.16
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Z. Agriculturat and undeveloped parcels. Agricultural parcels shall
be charged the monthly single-family residential parcel rate.
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charged
tJndeveloped parcels. Undeveloped parcels shall not be
4. Other parcels.
a. The charge for all other parcels except single-family
residential parcels, agricultural parcels, and undeveloped parcels shall be
based upon:
i. The total amount of impervious surface as
expressed in equivalent service units (an equivalent service unit (ESU) has
been determined to be two thousand five hundred (2,500) square feet of
impervious surface or any fraction thereof); and
ii. The percentage of impervious surface area on
each parcel.
b. The charge for all such parcels shall be computed:
i. By multiplying the total number of ESUs on each
parcel by the parcel's impervious multiplier established in subsection
(AXa)(c) of this section; and
ii. Multiplying the results by the single-family
residential rate
c. Impervious multipliers are hereby established
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Percentage of
impervious area
per parcel
(impervious
surface/total
surface x 1OO)
Impervious
multiplier
1to40 1
41 to 60 1.2
61 to 80 r.4
81to 100 1.6
ii. Impervious multipliers correlate the hydraulic
impact of a parcel to its percentage of impervious sutface 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 the
impact of an average single-family residence'
5. Road systems. The impervious surface area for city roads shall
be assessed thirty (30) percent of the charge established in subsection
(A)(4) of this section for impervious service areas'
6. Undeveloped parcels shall be subject to all charges established
under this section upon development. 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'
B. Beginning January !,2018, and on the first day of each calendar year
thereafter, the total storm and surface water system of charges set forth in
this section will adjust by the Consumer Price Index (CPI), specifically the
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CPI-W Seattle-Tacoma-Bellevue, measured from June 1st through June 1st
of the previous calendar year, if the CPI-W reflects an upward adjustment
from the previous annual June to June period. For the years 2018 through
2O22the adjustment will not exceed 2.4 percent of the total rate, but after
that, beginning January 1,2023, df,Y increase in the CPI will not be subject
to this 2.4 percent limit. In order to simplify the rate-making structure, the
Finance Director is authorized to amend the rate each year to reflect the CPI
adjustment.
Sec. 7.O5,130. Measurement of impervious area. The Director
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 or
geographic information system methods; provided, that the methods used
ensure accuracy to one-tenth (0.1) of an equivalent service unit as defined
in this chapter.
Sec. 7.O5.L4O. Billing and collection. Storm and suface water
utility charges for each parcel of real property within the city shall be
computed on a monthly basis. The amount billed shall be included on the
city utility bill. Drainage accounts within the city water and sewer service
area are billed monthly, as are commercial drainage accounts outside the
city water and sewer service area. Single family residential drainage
accounts outside the city water and sewer service area are billed on a
quarterly basis, All billings, collections, delinquencies, and related
administrative matters shall be handled in a manner consistent with Chapter
7.01 KCC.
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Sec. 7.O5.15O. Rate reductions - credits. At the direction of the
Director, the Finance Director shall reduce (credit) the normal storm and
surface water utility charge for a parcel of real property when the Public
Works Department finds :
A. The owner of a parcel, other than a single-family residential parcel,
has installed an approved onsite water quality or flow control facility which
exceeds the requirements set forth in the City of Kent Surface Water Design
Manual at the time of 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, or the state.
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 peak flows or pollutants. In no case shall such a credit result in a rate
less than the monthly charge for a single-family residential parcel. Such a
credit will remain in effect so long as:
1. The owner of such a facility has obtained the proper permits
and constructed the system according to plans approved by the Director;
2. The owner remains responsible for all costs of operation and
maintenance of the facility consistent with city standards, whether operated
and maintained by the owner or by the City;
3. The Director has access for inspection of the facility to
determine if it is in compliance with design and maintenance standards and
is functioning properly; and
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4. The owner maintains the facility in accordance with the
operation and maintenance standards in the Kent Surface Water Design
Manual.
B. The owner or renter of a new or remodeled commercial building is
utilizing a permissive rainwater harvesting system, as defined in
KCC 7.05.020. In such cases, and in accordance with RCW 35'67.020 and
35.92.020, the owner or renter shall receive a credit equal to a minimum
ten (10) percent rate reduction. The Director will consider rate reductions in
excess of ten (10) percent depending upon the amount of rainwater
ha rvested.
C. The owner or renter of a single-family residential parcel of real
property qualifies under KCC 7.01 .OTOfor lifeline utility rates. In such cases,
the qualifying customer shall receive a rate reduction of ninety (90) percent.
Sec. 7.05.160. Drainage systems development charge.
A. The City shall assess and collect a drainage systems development
charge against all new development or redevelopment in the amount of
$2,638.35 per ESU (202L charge), as defined in KCC 7.05.120(AX4). This
drainage system development charge will increase annually, on the first day
of each calendar year, by an amount equal to the percentage increase in the
Construction Cost Index for Seattle-Tacoma-Bremerton for the twelve (12)
month period October 1st through September 30th of the previous calendar
year.
B, All drainage system development charges collected by the storm and
surface water utility shall be placed in a separate revenue account for the
storm and surface water utilitY'
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sec. 7.o5.L7O. Mitigation of system impact developer
contributions. The Public Works Department is hereby authorized to
require mitigation of impacts on storm water drainage facilities pursuant to
this chapter and Chapter 11.03 KCC in addition to the standard system
development charges in this chapter. Payment of a fair and equitable pro
rata portion of specific offsite storm and surface water drainage
improvements necessitated by new development may be required' Such
mitigation of offsite impacts shall be made in addition to any other
requirements of the City for onsite improvements, including system
development charges. All developer contributions 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 purposes'
Where a developer is required to completely finance offsite storm or surface
water drainage facilities, the developer may apply for a latecomer
agreement per ChaPter 6.05 KCC.
Sec. 7.O5.180. Storm and surface water utility accounting. All
monies obtained pursuant to this chapter shall be segregated, credited, and
deposited to the credit of storm and surface water utility. The monies
deposited shall be expended only for administering, operating, maintaining,
or improving storm 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 suface water drainage'
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sec. 7,05.190. Appeals to land use hearing examiner. Any
owner who disputes the amount of a charge pursuant to this chapter or who
disputes any determination made by or on behalf of the City pursuant to and
by authority of this chapter 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. The petition shall be filed with
the city clerk, At the time of filing of the appeal, the feepayer shall pay the
fee set by council resolution for city of Kent planning and land use fees,
'.appeal of administrative interpretation/decision". 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. 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 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. 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.
sec. 7.05.2OO. Violations and enforcements - penalties. Any
violation of any provision of this chapter may be enforced as provided for in
this section. Each separate date, or portion thereof, during which any
violation occurs shall constitute a separate violation.
A. Recovery of costs incurred by the City. In addition to any penalty
provided for in subsections (B) through (D) of this section, a person who
violates any of the provisions of this chapter shall be liable for all costs
incurred by the City as a result of the violation. The City will issue an invoice
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to the person responsible forthe violation advising him or herof the amount
of costs incurred by the City as a result of the violation. The person to whom
the invoice was directed must respond within fourteen (14) calendar days
of the date the invoice is served upon that person by: (1) paying the invoice,
(2) requesting a hearing before the City's hearing examiner to mitigate the
amount of the invoice, or (3) requesting a hearing before the City's hearing
examiner to contest the amount of the invoice. Failure to timely respond
shall result in the invoice being deemed valid and the City may seek
collection of the invoice through the process provided for in chapter 3.10
KCC, including the use of a collection agency. Payment of any invoice issued
shall not alleviate the person responsible for the violation from complying
with this chapter.
1. Service of notice. Service of an invoice issued under this
subsection (A) shall occur and is deemed complete in the same manner and
under the same provisions as provided for in KCC 1.04'060.
2. Process to mitigate or contest invoice. The process through
which a person may request a hearing to contest or mitigate an invoice
issued to him or her as a person responsible for the violation is the same as
that provided for notices of violation under KCC 1'04'I2O through 1.04.190'
The hearing examiner's decision as to any invoice issued under this
subsection (A) is final and may not be further appealed'
3. Failure to pay - civil infraction. The failure to timely pay an
invoice issued under this subsection (A), or any mitigated invoice amount
set by the hearing examiner, is a separate violation that may be enforced
through the issuance of a civil infraction pursuant to subsection (B) of this
section.
B. Civil infraction. A person who violates any provision of this chapter
may be issued a class l civil infraction as set forth in RCW 7.80'120, as
currently enacted or hereafter amended. An infraction issued pursuant to
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this section shall be filed in the Kent Municipal Court and processed in the
same manner as other infractions filed in the Kent Municipal Court. In
addition, a civil code enforcement action may be instituted in accordance
with subsection (C) of this section to effectuate any abatement or corrective
action required by the person as a result of the violation'
C, Civil code enforcemenf, In addition to, or aS an alternative to, any
other penalty provided for in this chapter or by law, a civil code enforcement
action may be instituted under the provisions provided for in Chapter 1'04
KCC to effectuate any abatement or corrective action required as a result of
a violation of this chapter, including the issuance of a stop use or stop work
order under KCC 1.04.090 through 1.04'110. The process through which
the person responsible for the violation may contest a stop use or stop work
order is the same as that provided for notices of violation under KCC
L.04.120 through 1.04.190. Failure to timely abate the violation ortake the
required corrective action will result in the issuance of a fine in accordance
with KCC 1.04.080 and 1 .O4.2O0, which fine will be separate and apart from
any fine that may have been issued under subsection (B) of this section'
D. Criminat offense. Except as may otherwise be provided, a person
who:
1. Negligently violates a provision of this chapter is guilty of a
misdemeanor, punishable by up to the maximum penalty established in
RCW 9A.20.021(3) as now enacted or hereafter amended; or who
2. Knowingly violates a provision of this chapter, or commits a
repeated violation of this chapter, is guilty of a gross misdemeanor,
punishable by up to the maximum penalty established in RCW
9A.20.021(2), as now enacted or hereafter amended'
a. For purposes of this section repeated violation means,
as evidenced by either a prior committed finding by the Kent Municipal Court
Repeal and RePlace ChaPter
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Re: Storm and Surface Water
2T
of an infraction issued under this chapter, or a committed finding by the
hearing examiner of a notice of violation issued under Chapter 1.04 KCC, or
a committed finding by operation of law under KCC 1,04.130, that a
violation of this chapter has occurred on the same property or that a person
responsible for the violation has committed a violation of this chapter
elsewhere within the City of Kent. To constitute a "repeat violation," the
violation need not be the same violation as the prior violation.
3. If a person is found guilty of a criminal offense as provided for
in this subsection (D), or pleads guilty to another offense on
recommendation of the prosecutor, the court shall order the defendant pay
restitution to the City of Kent, or any other victim of the offense, for the
total suffered loss or damage by reason of the commission of the crime'
E. Business License Revocation. In addition to any other penalty
imposed, the director may seek revocation of a business license held by the
person or business related to a violation of this chapter pursuant to Chapter
5.01 KCC.
7.O5,.2LO. Joint and several responsibility. Responsibility for
violations of this chapter is joint and several, and the City is not prohibited
from taking action against a party where other persons may also be
potentially responsible for a violation, nor is the City required to take action
against all persons potentially responsible for a violation'
9EOTION 3. - Reoeal. Chapter 7.07 of the Kent city code, entitled
"surface Water and Drainage Code," is hereby repealed in its entirety.
SECTION 4, - Seierabilitv. If any one or more section, subsection,
or sentence of this ordinance is 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.
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9EOTION 5. - Corrections by city clerk or code Reviser. upon
approval of the city attorney, the city clerk and the code reviser are
authorized to make necessary corrections to this ordinance, including the
correction of clerical errors; ordinance, section, or subsection numbering; or
references to other local, state, or federal laws, codes, rules, or regulations'
SECTION 6. - Effective Date. This ordinance shall take effect and be
in force 30 days from and after its passage, as provided by law'
DANA H,M Da App ved
ATTEST:
.)C-
2l I'ILL
KIMBERLEY MOTO, CITY CLERK Date Adopted
zltiltL
oate pdotishea
APP RM:
UR'PAT"PATRICK, CITY RNEY
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23
STATE OF WASHINGTON, COUNTY OF KING }
AFFIDAVIT OF PUBLICATION
PUBLIC NOTICE
Rudi Alcott, being first duly sworn on oath that he is the
Vice President of Advertising for Sound Publishing,
which publishes the
Kent Reporter
a weekly newspaper, which newspapel is a legal newspaper of general
circulation and is now and has been for more than six months prior to the date
of publication hereinafter referred to, published in the English language
continuously as a weekly newspaper in King County, Washington. The
Kent- Covington Reporter has been approved as a Legal Newspaper by order of
the Superior Court of the State of Washington for King County.
The notice in the exact form annexed was published in regular issues of
the Kent- Covington Reporter (and not in supplement form) which was regularly
distributed to its subscribers during the below stated period. The annexed
notice, a:
Public Notice #KENe48621
was published on FebruarY 18,2022
The full amount of the fee charged for said foregoing publication is the
sum of $81.52
Rudi Alcott
Vice President, Advertising
Subscribed and sworn to me this 18fr day of February, 2022 .
Notary Public for the State of Washington, Residing in
Orting,Washington
Itlti
Classified Proof
CITYOF KENT
NOTICE OF
ORDINANCE
PASSED BY THE CITY
couNclL
The following is the sum-
marv of an ordinance
pasied by the Kent City
Council on February 15,
2A22.
ORDINANCE NO. ,1,[25
-AN ORDINANCE ofthe
City Council of the City
of Kent, Washington, re"
pealing and replacing
Chapter 7.05 of the KentCity Code, entitled
"Storm and Surface \/Va-ter Utility," combining
and consolidating sec-
tions from Chapter 7.07,
ontitled'Surface Waterand Drainage Code,"and then repealing
Chapter 7.07. This ordi-
nanoe shall take effect
and be in foroe 30 days
from and after its pa+
sage, as provided by
law.
A copy of the compl€te
text of any ordinance will
be mailed upon request
of the City Clerk.
Kimberley A. Komoto,
City Cle*
kkomoto@kentwa.gov
253456-5725
#948621
z18n?
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