037-08 - Ordinance - Amending Chapter 13.06 Storm Drainage UtilityORDINANCE NO. 037-08
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON,
ADOPTING STORM DRAINAGE RATES AND AMENDING PORT
ORCHARD MUNICIPAL CODE CHAPTER 13.06 "STORM DRAINAGE
UTILITY" BY ADDING SECTIONS REGARDING RATES, BILLING, AND
PAYMENT
WHEREAS, on October 14, 2008, the City Council adopted Ordinance No. 036-08
establishing a storm drainage utility and fund; and
WHEREAS, on October 28, 2008, the City Council held a public hearing for the purpose of
receiving public testimony regarding proposed storm drainage rates; and
WHEREAS, in regards to the adoption of storm drainage rates and procedures for billing
and payment, the City Council has considered input from the public, city staff, and the city's storm
drainage consultant; now, therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN
AS FOLLOWS:
SECTION 1. Port Orchard Municipal Code Chapter 13.06 "Storm Drainage Utility" is hereby
amended by adding the following section:
13.06.060 Definitions.
The following words when used in this chapter shall have the
following meanings, unless the context clearly indicates otherwise:
(1) The "City" shall mean the City of Port Orchard,
Washington, a municipal corporation created and existing under the
laws of the state of Washington.
(2) "Commercial" shall mean all property zoned or used
for commercial, retail, industrial, or community purposes.
(3) "Developed" shall mean that condition of real property
altered from its natural state by the addition to or construction on
such property of impervious ground cover or other manmade physical
improvements (such as clearing or grading) such that the hydrology
of the property or portion thereof is materially affected.
(4) "Impervious ground cover" shall mean those hard
surfaces either which prevent or retard the entry of water into the
soil in the manner that such water entered the soil under natural
conditions preexistent to development, or which cause water to run
off the surface in greater quantities or at an increased rate of flow
than that present under natural conditions preexistent to
development, including without limitation such surfaces as rooftops,
Ordinance No.037-08
Page 2 of 5
asphalt or concrete sidewalks, paving, driveways and parking lots,
walkways, patio areas, storage areas, and gravel, oiled macadam or
other surfaces which similarly affect the natural infiltration or runoff
patterns existing prior to development. Excluded, however, are all
lawns, agricultural areas, and landscaped areas.
(5) "Impervious surface unit" (ISU) shall mean 3,000
square feet of impervious ground cover and is the measure of
impervious ground cover to be used by the utility in assessing service
charges.
(6) "Multifamily" shall mean any residential structure
designed for occupancy by four or more family households in which
the residents share one or more common walls or the units are
stacked on multiple floors.
(7) "Service charge" shall mean the monthly fee levied by
the utility.
(8) "Undeveloped" shall mean that condition of real
property unaltered by the construction or addition to such property of
impervious ground cover or physical manmade improvements of any
kind that change the hydrology of the property from its natural state.
(9) The "utility" means the storm drainage utility
established by Ordinance No. 036-08, passed on October 14, 2008.
SECTION 2. Port Orchard Municipal Code Chapter 13.06 "Storm Drainage Utility" is hereby
amended by adding the following section:
13.06.070 Storm drainage rate policy.
The charges for storm drainage services shall be as set forth in this
Chapter 13.06 and shall be adequate except in cases of emergency,
to provide for administration, engineering and legal expenses, system
operations and maintenance expenses; debt service requirements;
funding of replacement reserves accounts; and system improvement
projects. The rate structure for establishing the amount of service
charges assessed against each parcel of developed real property
within the boundaries of the utility shall be based upon the amount of
impervious ground cover contained within each parcel. Except for
those properties set forth in POMC 13.06.110, all public entities and
public property shall be subject to charges for storm drainage
services to the same extent as private persons and property.
SECTION 3. Port Orchard Municipal Code Chapter 13.06 "Storm Drainage Utility" is hereby
amended by adding the following section:
13.06.080 Storm drainage service charge calculation.
(1) 3,000 square feet of impervious ground cover shall be
equal to one impervious surface unit (ISU).
Ordinance No.037-08
Page 3 of 5
(2) All single-family residential accounts (including mobile
homes) are deemed to contain one equivalent ISU for purposes of
the monthly storm drainage utility service charge.
(3) For the first 12 months following the effective date of
the service charges, multifamily and commercial accounts shall pay a
service charge based on the presumption that 85 percent of the lot is
impervious surface.
(4) The utility shall determine the actual number of ISUs
contained on multifamily and commercial properties and after the
first 12 months following the effective date of the service charges,
these accounts shall pay a service charge to be calculated as follows:
actual impervious ground cover / 3,000 square feet x single-family
rate. In making the calculation, fractions shall be disregarded, except
where such calculation results in a fraction greater than one-half in
which case the number shall be adjusted to the next higher whole
number.
SECTION 4. Port Orchard Municipal Code Chapter 13.06 "Storm Drainage Utility" is hereby
amended by adding the following section:
13.06.090 Undeveloped real property.
Those properties remaining in an undeveloped condition are deemed
not to make use of the services of the utility or its facilities beyond
that used by such property in the natural state. Therefore, no service
charge shall be imposed upon that real property within the
boundaries of the utility that is undeveloped.
SECTION S. Port Orchard Municipal Code Chapter 13.06 "Storm Drainage Utility" is hereby
amended by adding the following section:
13.06.100 Storm drainage service charges.
In accordance with the basis for a rate structure set forth in POMC
13.06.070 and 13.06.080, there is levied upon all developed real
property within the boundaries of the utility the following service
charges which shall be collected from the owners of such properties.
(1) For all single-family residential accounts, including
mobile homes, the monthly service charge shall be $7.00.
(2) For all duplexes and triplexes, the monthly service
charge shall be $7.00 for each residential unit.
(3) For all other developed property, including but not
limited to multifamily and commercial accounts, the monthly service
charge shall be $7.00, multiplied by the number of ISUs determined
by the utility to be contained in such parcel pursuant to POMC
13.06.080.
Ordinance No.037-08
Page 4 of 5
SECTION 6. Port orchard Municipal Code Chapter 13.06 "Storm Drainage Utility" is hereby
amended by adding the following section:
13.06.110 Property exempt from service charges.
The following categories of property are exempt from service
charges:
(1) City street rights -of -way, all of which are part of the
storm drainage system pursuant to the plan; and
(2) State of Washington and Kitsap County rights -of -way.
SECTION 7. Port Orchard Municipal Code Chapter 13.06 "Storm Drainage Utility" is hereby
amended by adding the following section:
13.06.120 Billing; payment; penalty; lien.
(1) The storm drainage service charges shall be billed
bimonthly to the current property owner by the City Treasurer 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 City Treasurer, 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
shali 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 35.21.290 and 35.67.200, the City
Treasurer is directed to prepare and file a lien against any property
where storm drainage charges remain unpaid for four months. A fee
of $100 will be put on the account 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,
SECTION S. Port Orchard Municipal Code Chapter 13.06 "Storm Drainage Utility" is hereby
amended by adding the following section:
Section 13.06.130 Annual revie►nr of charges.
Ordinance No.037-08
Page 5 of 5
The charges established by this chapter and any other ordinances of
the City Council establishing charges and fees for the utility shall be
reviewed annually. Subsequent to such review, the Mayor shall
present to the City Council a yearly budget for the utility and
proposed amendments to any rates and charges necessary, for the
City Council's approval.
SECTION 9. Port Orchard Municipal Code Chapter 13.06 "Storm Drainage Utility" is hereby
amended by adding the following section:
Section 13.06.140 Effective date.
The service charges established in this chapter shall apply to all
storm drainage services provided on or after January 1, 2009,
SECTION 10, If any section, sentence, clause or phrase of this ordinance should be held to
be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or
unconstitutionality shall not affect the validity of constitutionality of any other section, sentence,
clause or phrase of this ordinance.
SECTION 11. This ordinance shall be in full force and effect five (5) days after posting and
publication as required by law. A summary of this Ordinance may be published in lieu of the entire
ordinance, as authorized by State Law.
PASSED by the City Council of the City of Port Orchard, APPROVED by the yor and
attested by the Clerk in authentication of such passage this 25th day of bvem , Z
ATTEST:
Patricia I Kirkpa rick, Ci Clerk
APPROVED AS TO FORM:
Zatxl�
Greg Jac City Afney
LW
Sponsored by:
Robert Putaansuu, Councilmember
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 25, 2008.
ORDINANCE NO. 037-08
AN ORDINANCE OF THE CITY OF PORT ORCHARD,
WASHINGTON, ADOPTING STORM DRAINAGE RATES AND
AMENDING PORT ORCHARD MUNICIPAL CODE CHAPTER 13.06
"STORM DRAINAGE UTILITY" BY ADDING SECTIONS REGARDING
RATES, BILLING, AND PAYMENT
Copies of Ordinance No. 037-08 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. 037-08 will be
provided at a nominal charge.
City of Port Orchard
Patti Kirkpatrick
City Clerk
Publish: Port Orchard Independent
November 29, 2008