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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' Repeal and Replace ChaPter 7.OS KCC and RePeal ChaPter 7.O7 KCC - Re: Storm and Surtace Water 1 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' Repeal and Replace ChaPter 7.OS KCC and RePeal ChaPter 7.O7 KCC - Re: Storm and Surface Water 2 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. Repeal and Replace ChaPter 7.OS KCC and Repeal ChaPter 7.O7 KCC - Re: Storm and Surface Water 3 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. Repeal and Replace ChaPter 7.OS KCC and Reqeal ChaPter 7.O7 KCC - Re: Storm and Surface Water 4 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 Repeal and Replace ChaPter 7.OS KCC and RePeal ChaPter 7.O7 KCC - Re: Storm and Surface Water 5 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, Repeal and Replace ChaPter 7.O5 KCC and RePeal ChaPter 7.O7 KCC - Re: Storm and Surface Water 6 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. Repeal and Replace ChaPter 7.OS KCC and RePeal ChaPter 7.O7 KCC - Re: Storm and Surface Water 7 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; Repeal and RePIace ChaPter 7.OS KCC and RePeal ChaPter 7.O7 KCC - Re: Storm and Surface Water 8 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 Repeal and RePlace ChaPter 7.OS KCC and RePeal ChaPter 7.O7 KCC - Re: Storm and Surface Water 9 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; Repeal and Replace ChaPter 7.OS KCC and RePeal ChaPter 7.O7 KCC - Re: Storm and Surface Water 10 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' Repeal and Replace ChaPter 7,OS KCC and Repeal ChaPter 7.O7 KCC - Re: Storm and Surface Water 11 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 Repeal and RePIace ChaPter 7.OS KCC and RePeal ChaPter 7.O7 KCC - Re: Storm and Surface Water 1 Effective January 7, 2079 Effective JanuarY 7, 2020 Effective JanuarY 7, 2027 $12.81 $ 13.03 $13.16 L2 Z. Agriculturat and undeveloped parcels. Agricultural parcels shall be charged the monthly single-family residential parcel rate. 3 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 Repeal and Replace ChaPter 7.OS KCC and RePeal ChaPter 7.O7 KCC - Re: Storm and Surface Water 13 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 14 RePeal and RePlace ChaPter 7.OS KCC and RePeal ChaPter 7.O7 KCC - Re: Storm and Surface Water 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. Repeal and Replace ChaPter 7.OS KCC and Repeal ChaPter 7.O7 KCC - Re: Storm and Surface Water 15 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 Repeal and Replace ChaPter 7.O5 KCC and Repeal ChaPter 7,O7 KCC - Re: Storm and Surface Water 16 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' Repeal and Replace ChaPter 7.OS KCC and RePeal ChaPter 7.O7 KCC - Re: Storm and Surface Water L7 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' Repeal and Replace ChaPter 7.OS KCC and RePeal ChaPter 7.O7 KCC - Re: Storm and Surface Water 1B 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 Repeal and RePlace ChaPter 7.OS KCC and RePeal ChaPter 7.O7 KCC - Re: Storm and Surtace Water 19 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 20 RePeal and RePlace ChaPter 7.OS KCC and RePeal ChaPter 7.O7 KCC - Re: Storm and Surtace Water 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 7.OS KCC and RePeal ChaPter 7.O7 KCC - 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. Repeal and Replace ChaPter 7.OS KCC and Repeal ChaPter 7.O7 KCC - Re: Storm and Surface Water 22 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 Repeal and RePlace ChaPter 7.OS KCC and RePeal ChaPter 7.O7 KCC - Re: Storm and Surface Water 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? Proofed by Jennifer Tribbett, 02 I I 0 / 2022 0 4 : 46 :3 4 pm Page:2