052-17 - Ordinance - Amending Chapter 13.06 Storm Drainage UtilityORDINANCE NO. 052-17
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON,
AMENDING CERTAIN PROVISIONS OF CHAPTER 13.06 ("STORM
DRAINAGE UTILITY") OF THE PORT ORCHARD MUNICIPAL CODE;
PROVIDING FOR SEVERABILITY; AND SETTING AN EFFECTIVE DATE.
WHEREAS, on July 21, 2017, the classification of the City of Port Orchard changed
to that of Non-Charter Code City; and
WHEREAS, the reclassification of the city necessitated certain revisions to the Port
Orchard Municipal Code ("POMC"); and
WHEREAS, the City Council has determined that it is in the best interests of the
city to amend certain provisions of Chapter 13.06 POMC to adopt the necessary revisions
to that section of the POMC that resulted from the reclassification; now, therefore,
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THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN
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AS FOLLOWS:
The Port Orchard Municipal Code Section 13.06.120 ("Billing -
Payment - Penalty - Lien") is hereby amended to read as follows:
SECTION 1.
13.06.120 Billing - Payment - Penalty - Lien.
(1) The storm drainage service charges shall be billed bimonthly to the current
property owner by the finance director on the last day of the bimonthly billing
period. It shall be the responsibility of the property owner to notify the city upon
change of ownership.
(2) The charges shall be due to the finance director, who is authorized and
empowered to collect and receipt for such payments, on the first day of the
month following the receipt of services.
(3) Charges remaining unpaid 25 days after the due date shall be considered
delinquent and shall be subject to an additional charge of 10 percent of the
unpaid balance as a penalty.
(4) The city of Port Orchard may disconnect water service for any customer whose
bill for storm drainage services is more than 30 days delinquent, in which case the
shutoff and reconnect fees set forth in POMC 13.04.050 apply. Termination of
water service shall not limit other remedies available to the city.
(5) Pursuant to RCW 35A.60.010i 35.21.290 and 35.67.200, the finance director
is directed to prepare and file a lien against any property where storm drainage
Ordinance No. 052-17
Page 2 of 2
charges remain unpaid for four months. The recording fee to be applied to the
account will be based on the current charges as established by the county auditor
when the lien is filed. Such liens shall be effective and shall be enforced and
foreclosed in the same manner as provided for sewerage liens of cities and towns
by RCW 35.67.200 et seq., except that the service charge lien shall be effective
for a total not to exceed one year's delinquent service charges without the
necessity of any writing or recording the lien with the county auditor, as provided
for in RCW 35.67.215. (Ord. 007-13 § 1; Ord. 037-08 § 7).
SECTION 2. Severability. If any section, sentence, clause or phrase of this Ordinance
should be held to be unconstitutional or unlawful by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of any other
section, sentence, clause or phrase of this Ordinance.
SECTION 3. Publication. This Ordinance shall be published by an approved summary
consisting of the title.
SECTION 4. Effective Date. This Ordinance shall take effect and be in full force and effect
five days after publication, as provided by law.
PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and
attested by the Clerk in authentication of such passage this 14th day of November 2017.
Robert Putaansuu, Mayor
ATTEST:SPONSOR:
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Brandy Rmearson, CMC, City Clerk Bek Ashby, Councilmemlfer
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I •: seal :• IZ • • c
APPROVED AS TO FORM:
(s.hafon Cates, City Attorney
PUBLISHED:
EFFECTIVE DATE:
November 24, 2017
November 29, 2017
NOTICE OF CITY OF PORT ORCHARD
ORDINANCE
The following is a summary of an Ordinance approved by the Port Orchard City Council at their regular Council
meeting held November 14, 2017.
ORDINANCE NO. 052-17
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON,
AMENDING CERTAIN PROVISIONS OF CHAPTER 13.06 (“STORM
DRAINAGE UTILITY”) OF THE PORT ORCHARD MUNICIPAL CODE;
PROVIDING FOR SEVERABILITY; AND SETTING AN EFFECTIVE DATE.
Copies of Ordinance No. 052-17 are available for review at the office of the City Clerk of the City of Port Orchard.
Upon written request, a statement of the full text of the Ordinance will be mailed to any interested person without
charge. Thirty days after publication, copies of Ordinance No. 052-17 will be provided at a nominal charge.
City of Port Orchard
Brandy Rinearson
City Clerk
Published: Friday, November 24, 2017