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HomeMy WebLinkAbout3151ORDINANCE NO. 3151 AN ORDINANCE of the City of Port Angeles, Washington, establishing a stormwater utility, establishing a monthly stormwater utility charge, providing for stormwater regulations and for the management and operation of the stormwater utility, and amending Ordinance 2394 and Chapter 13.63 of the Port Angeles Municipal Code. THE CITY COUNCIL OF THE CITY OF PORT ANGELES DOES HEREBY ORDAIN as follows: Section 1. Ordinance 2394 and Chapter 13.63 of the Port Angeles Municipal Code are hereby amended by amending Chapter 13.63 PAMC to read as follows: Chapter 13.63 STORMWATER - REGULATIONS AND UTILITY Sections: 13.63.010 Purpose 13.63.020 Definitions 13.63.9+6030 Stormwater Discharge Not Permitted 13.63.629040 Unpolluted Discharge Shall Have Approved Outlet 13.63.636050 Stormwater Connection Not Permitted in Sanitary System 13.63.060 Stormwater Utility Established 13.63.070 Jurisdiction 13.63.080 Operation and Management 13.63.090 Transfer of Property 13.63.100 Monthly Charge 13.63.110 Rate Adjustment 13.63.120 Billing and Payment 13.63.130 Remedies 13.63.140 Inspections - Right of Entry - Emergency 13.63.010 Purpose. The purpose of this Chapter is to establish a storm and surface water management program in order to accomplish the following goals: A. Establish a stormwater capital facilities plan and small project funding program for projects which will: 1. protect property owners adjacent to developing and developed land from increased runoff rates, which could cause erosion of abutting property; 2. decrease drainage - related damage to public and private property; 3. maintain safe City streets and rights -of -way; 4. minimize water quality degradation and control of sedimentation of creeks, streams, ponds, and other water bodies; and 5. preserve and enhance the aesthetic quality of waters; B. Promote sound development policies and construction procedures, which respect and preserve the City's watercourses: and C. Provide public education, outreach, participation, and involvement in the protection of water quality. The storm and surface water management program shall consist of stormwater regulations and a stormwater utility, which shall be implemented and operated by the City's Department of Public Works and Utilities in accordance with standards established by the appropriate governmental entities with jurisdiction. 13.63.020 Definitions. The following definitions shall apply to this Chapter: A. "Commercial /multiple property" means all property zoned or used for multifamily, commercial, retail, public, government, non - profit, and all other non - residential uses. B. "Impervious area" means any part of any parcel of land that has been modified by the action of persons to reduce the land's natural ability to absorb and hold rainfall. This includes areas which have been cleared, graded, paved or compacted. Excluded, however, are all vegetated areas such as lawns, agricultural areas, and landscaped areas. -2- C. "Single - family and duplex property" means all property used for single family and duplex residential uses. 13.63.0-1-0030 Stormwater Discharge Not Permitted. No person shall discharge or cause to be discharged any stormwater, surface water, ground water, roof runoff, subsurface drainage, uncontaminated cooling water, or unpolluted industrial process waters into any sanitary sewer, unless otherwise approved in writing by the Director based on lack of feasible alternatives or other appropriate factors. (Ord. 2394 Ch. IV §1, 6/2/86) 13.63.920040 Unpolluted Discharge Shall Have Approved Outlet. Stormwater and all other unpolluted drainage shall be discharged to such sewers as are specifically designated as combined sewers or storm sewers, or to a natural outlet approved by the Director. Industrial cooling water or unpolluted process waters that have been tested and are free of pollutants may be discharged on written approval of the Director to a storm sewer or natural outlet. (Ord. 2394 Ch. IV §2, 6/2/86) 13.63.030050 Stormwater Connection Not Permitted in Sanitary System. A. No person shall make connection of roof downspouts, exterior foundation drains, area drains, or other sources of stormwater surface runoff or groundwater to a building sewer or building drain which in turn is connected directly or indirectly to a public sanitary sewer, unless such connection is otherwise approved in writing by the Director based on lack of feasible alternatives or other appropriate factors. B. Storm drainage from hard - surfaced or graded areas, such as parking lots, service station yards, and storage yards, shall enter the public storm sewer system or other outlet approved by the Director and as required by this Chapter and as such facilities are available. Such storm drainage shall not be connected to or enter a sanitary sewer, unless otherwise approved in writing by the Director based on lack of feasible alternatives or other appropriate factors. (Ord. 2394 Ch. IV §3, 6/2/86) 13.63.060 Stormwater Utility Established. There is hereby created and established a storm and surface water utility (also referred to as the "stormwater utility "). The stormwater utility shall be administered under direction of the Director of Public Works and Utilities. The stormwater utility shall perform the functions, and have the authority, as set forth in Chapter 35.67 RCW for managing, regulating, and controlling the City's stormwater management program. 13.63.070 Jurisdiction. The City shall have jurisdiction over all storm and surface water facilities within the City's boundaries. No modifications or additions shall be made to the City's storm and surface water facilities without the prior approval of the City. -3- 13.63.080 Operation and Management. A. The stormwater utility shall be managed and operated in accordance with: (1) the Stormwater Management Plan Drenared by Economic and Engineering Services Inc. dated June 1996 and adopted by the City Council on December 17, 1996, and (2) applicable sections of the City's Urban Services Standards and Guidelines. 13.63.090 Transfer of Property. All equipment, properties, and property rights and interests owned or held by the City, however acquired, insofar as they relate to or concern storm or surface water sewage, are hereby transferred to the stormwater utility. This includes by way of example and not limitation, all properties and property rights and interests acquired by adverse possession or by prescription in and to the drainage and storage of storm or surface waters over and under lands, watercourses, streams, ponds and sloughs to the full extent of inundation caused by the largest storm or flood condition. 13.63.100 Monthly Charge. A. Effective January 1, 2004, the owners of all real property in the City containing impervious surfaces shall pay a monthly stormwater utility charge at the rate as set forth in this Section. B. Single - family and duplex residential fees. The monthly stormwater utility charge for each single - family and duplex residential property shall be $ 3.00. C. The monthly stormwater utility charge for all commercial /multiple property shall be calculated by dividing the total impervious area in square feet by 4000 square feet, times the single family and duplex residential fee. The minimum monthly fee for a commercial /multiple property shall be not less than the monthly fee for a single - family dwelling, and the maximum monthly fee shall be not more than ten times the monthly fee for a single - family dwelling. D. City streets, State highways, private streets with storm and surface facilities in place meeting City standards, and other public or private owned properties or portions thereof having their own NPDES permitted storm and surface water runoff facilities which do not discharge to City facilities shall be exempt from the monthly charges set forth in this Section. 13.63.110 Rate Adjustment. A. A property owner may request a rate adjustment to the monthly charge set forth in PAMC 13.63.100, only if the property contains no impervious surfaces or if the property owner disagrees with the City's calculations of the rate, or the amount of impervious area used -4- by the City in calculating the rate, under PAMC 13.63.100C. A request for an adjustment shall be submitted in writing to the Director of Public Works and Utilities. If the property contains no impervious surfaces, the rate shall be adjusted to zero. If the City's calculations or amount of impervious surfaces under PAMC 13.63.100C is incorrect, the rate shall be adjusted accordingly. Approved adjustments will be applied prospectively except that reimbursement for overcharges paid by the property owner will be made by the City for the year during which the adjustment is requested and for the prior year. B. Any person aggrieved by a decision of the Director of Public Works and Utilities relating to a request for a rate adjustment authorized by PAMC 13.63.110 may appeal the Director's decision to the City Manager within 30 days of the date of the Director's decision. The City Manager's decision shall be final. 13.63.120 Billing and Payment. Stormwater utility fees shall be billed annually by Clallam County on behalf of the City in conjunction with the County's property tax bill. Discounts for low- income senior citizens and disabled citizens will be applied in accordance with Chapter 13.20 PAMC. Stormwater utility fees billed pursuant to this Section shall be due and payable semiannually on the same dates each year that the County's property tax bill is due and payable and shall be delinquent if not paid by the due date. All delinquent accounts billed pursuant to this Section will be subject to penalty charges the same as those imposed for delinquent property taxes. 13.63.130 Remedies. A. Termination of water service. The Director of Public Works and Utilities or designee is authorized to terminate water service to any property owner, unless said water service is received by a residential tenant, who fails to pay the stormwater utility service fees imposed by this Chapter in the same manner as delinquent water bills. Termination of such water service shall not limit other remedies available to the City. B. Lien for delinquent charges - Interest. Pursuant to RCW 35.67.200 et seq. the City shall have a lien for delinquent and unpaid stormwater charges. A stormwater lien shall be effective for a total not to exceed one year's delinquent service charges without the necessity of any writing or recording of the lien with the County Auditor. Enforcement and foreclosure of any stormwater lien shall be in the manner provided by state law. Interest on the unpaid balance shall be eight percent per annum or such rate as may hereafter be authorized by law. C. Other remedies. The City shall have all other legally available remedies for enforcing and collecting delinquent and unpaid stormwater charges. 13.63.140 Inspections - Right of Entry - Emergency. The City is authorized to enter at all reasonable times in or upon any property, public or private, for the purpose of operating or maintaining the storm and surface water facilities, or to inspect or investigate any condition -5- relating to the stormwater utility., provided, that the City shall first obtain permission to enter from the owner or person responsible for such premises. If entry is refused, the City shall have recourse to every remedy provided by law to secure entry. Notwithstanding the foregoing, whenever it appears to the City that conditions exist requiring immediate action to protect the public health or safety, the City is authorized to enter at all reasonable times in or upon any property, public or private, for the purpose of inspecting, investigating or correcting such emergency condition. Section 2 - Severability. If any provisions of this Ordinance, or its application to any person or circumstances, is held invalid, the remainder of the Ordinance, or application of the provisions of the Ordinance to other persons or circumstances, shall not be affected. Section 3 - Effective Date. This Ordinance shall take effect five days following the date of its publication by summary. PASSED by the City Council of the City of Port Angeles at a regular meeting of said Council held on the 18th day of November 2003. ATTEST: Becky J. U Clerk APPROVED AS TO FORM: ill f P Craig D. Knutson, City Attorney PUBLISHED: November 23, 2003 By Summary MAYOR November 18, 2003 G:\Legal_ Backup \ORDINANCES &RESOLUTIONS12003 -13. ord.wpd -6- Summaries of Ordinances Adopted by the Port Angeles City Council on November 18, 2003 Ordinance No. 3150 This Ordinance of the City of Port Angeles, Washington, authorizes a 1 %, or $32,657, increase in the regular property tax levy plus any increase resulting from new construction and other specified increases in assessed valuation, authorizes a $60,000 tax refund levy, determines and fixes the amount to be raised by ad valorem taxes for the fiscal year 2004, and directs the City Clerk to certify said amount to the Board of Clallam County Commissioners. Ordinance No. 3151 This Ordinance of the City of Port Angeles, Washington, establishes a stormwater utility, establishes a monthly stormwater utility charge, provides for stormwater regulations and for the management and operation of the stormwater utility, and amends Ordinance 2394 and Chapter 13.63 of the Port Angeles Municipal Code. The full texts of the Ordinances are available at City Hall in the City Clerk's office or will be mailed upon request. Office hours are Monday through Friday from 8:00 a.m. to 5:00 p.m. These Ordinances shall take effect five days after publication of these summaries. Becky J. Upton City Clerk Publish: November 23, 2003