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1812 - Ordinance - Charges for Services and FeesNOTICE 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 December 11,2000. ORDINANCE NO. 1812 AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON REGARDING CHARGES FOR SERVICES AND FEES COLLECTED BY THE CITY OF PORT ORCHARD AND RE-ADOPTING ORDINANCES 1778.1769, 1775,1777.1780,1781 AND 1786 AND DECLARING THIS A PUBLIC EMERGENCY AND EFFECTIVE IMMEDIATELY. Copies of Ordinance No. 1812 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. 1812 will be provided at a nominal charge. City of Port Orchard .- .Michelle Merlin0 Deputy Clerk Publish: Port Orchard Independent Kitsapleeals~soundoublishin~ .corn December 20,2000 ORDINANCE NO. 1812 AN ORDINANCE OF THE CITY OF PORT ORCHARD, KITSAP COUNTY, WASHINGTON REGARDING CHARGES FOR SERVICES ADOPTING ORDINANCES 1778, 1769, 1775, 1777, 1780, 1781, AND 1786 AND DECLARING THIS A PUBLIC EMERGENCY AND EFFECTIVE IMMEDIATELY. AND FEES COLLECTED BY THE CITY OF PORT ORCHARD AND RE- WHEREAS, the City charges for certain services provided by the City; and WHEREAS, the City adopted Ordinance 1778 on November 22, 1999 regulating the control, management, maintenance and use of public and private water and sewer systems and providing for rates for connection and use of such systems; and WHEREAS, the City adopted Ordinance 1769 on September 13. 1999 regarding utility business and occupational tax upon the telephone business and the collection for said taxes; and WHEREAS, the City adopted Ordinance 1775 on November 8, 1999 setting the amount of property taxes for the year 2000; and WHEREAS, the City adopted Ordinance 1777 on November 22, 1999 providing for licensing of taxicabs; and WHEREAS, the City adopted Ordinance 1780 on November 22, 1999 adopting policies and procedures for the use of City Hall Facilities and authorizing fees to be set by Resolution; and WHEREAS, the City adopted Ordinance No. 1781 on November 22, 1999 adopting procedures for the issuance of installation permits and authorize fees to be set by Resolution; and WHEREAS, the City adopted Ordinance No. 1786 on December 13, 1999 creating an Investigative Fund and authorizing assessments; now, therefore WHEREAS, an Initiative of the State of Washington (1-722) intended to repeal any tax or fee increase enacted during the period that Resolutions 1880, 1877, and 1881 were passed by the City Council; and WHEREAS, the constitutionality of 1-722 has been challenged and will be subject to judicial review in early 2001; and WHEREAS, it is possible that the action of adopting these fees pursuant to Ordinances 1778,1769,1775, 1777,1780,1781, and 1786may be nullified; and WHEREAS, it is the intent of the City of Port Orchard to ensure that fees continue to be collected at rates necessary to support City services without placing a burden upon the City's taxpayers who do not receive the services; now, therefore THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON DOES ORDAIN AS FOLLOWS: SECTION 1. The fees previously adopted in Ordinance 1778 (attached hereto as Exhibit A) are readopted by the City of Port Orchard. SECTION 2. The fees previously adopted in Ordinance 1769 (attached hereto as Exhibit B) are re-adopted by the City of Port Orchard. Ordinance No. 1812 Page 2 of 2 SECTION 3. The fees previously adopted in Ordinance 1775 (attached hereto as Exhibit C) are re-adopted by the City of Port Orchard. SECTION 4. The fees previously adopted in Ordinance 1777 (attached hereto as Exhibit D) are re-adopted by the City of Port Orchard. SECTION 5. The fees previously adopted in Ordinance 1780 (attached hereto as Exhibit E) are re-adopted by the City of Port Orchard. F) are re-adopted by the City of Port Orchard. SECTION 6. The fees previously adopted in Ordinance 1781 (attached hereto as Exhibit SECTION 7. The fees previously adopted in Ordinance 1786 (attached hereto as Exhibit G) are re-adopted by the City of Port Orchard. SECTION 8. The Staff is directed to charge said fees for the services set forth in Ordinances 1778,1769,1775, 1777,1780,1781, and 1786. SECTION 9. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance is declared unconstitutional or invalid for any reason, such invalidity shall not affect the validity or effectiveness of the remaining portions of this ordinance. SECTION 10. The subject matter of this ordinace is declared to be a public emergency. A summary of this Ordinance may be This ordinance shall be effective immediately upon adoption. published in lieu of the entire Ordinance, as authorized by State law. PASSED unanimously by the City Council of the City of Port Orchard on December 11, 2000 and APPROVED by the Mayor and attested by the Clerk in a entication of such passage. 3- e LESLIE J. WEATHERILL, MAYOR ATTEST: /7 e Pat cia Parks, City Clerk Sponsored by: Councilman Stansbery 0 Ordinance No. 1812 Exhibit A ORDINANCE NO. 1778 AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON REPEALING ORDINANCE NO. 1768 (POMC 13.04) AND REESTABLISHING REGULATIONS PROVIDING FOR THE CONTROL, MANAGEMENT, MAINTENANCE AND USE OF PUBLIC AND PRIVATE WATER AND SEWER SYSTEMS AND PROVIDING RATES FOR CONNECTION AND USE OF SUCH SYSTEMS. THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON DOES ORDAIN AS FOLLOWS: SECTION I. SECTION 2. Effective Date. This ordinance shall be effective December 31, 1999. 13.04.010 Bimonthly Water Rates. Water rates are based on a monthly rate and are billed on a bimonthly schedule. The water rates, as calculated bimonthly, are shown below: BASIC CHARGE (cost for the first 5,000 gallons bimonthly) SIZE OF SERVICE 314" 1 'I 1 112 2" 3" 4" 6" 8" Io" BIMONTHLY RATE $15.00 $16.00 $19.00 $22.00 $28.00 $40.00 $58.00 $82.00 $106.00 CONSUMPTION CHARGE (cost above basic consumption) RATE 1 0 to 5,000 gallons Basic Charge RATE 2 5,000-50,000 gallons RATE 1 plus $ 1.65/1,000 gal RATE 3 50,0001- 100,000 gallons RATE 1 plus RATE 2 plus $ 1.7511,OOO gal RATE 1 plus RATE 2 plus RATE 3 plus $1.8511,000 gal RATE 4 In excess of 100,000 gallons FIRE HYDRANT SERVICE Schools Private Service $10.00 per hydrant $20.00 per hydrant TEMPORARY CONSTRUCTION One Day Service $ 1.65/1,000 gallons or $1 5.00 whichever is greater Ordinance No. 1778 Page 2 of 13 Construction Account As Metered: 0-50,000 gallons $1.65/1,000 gallons 50,001-1 00,000 gallons $1.75/1000 gallons In excess of 100,000 gallons $1.85/1,000 gallons (5) MULTIPLE CONNECTIONS: Multiple Connections are where more than one customer is being served through a master meter and the billing is based on the flow through such master meter. The minimum bimonthly billing of the basic charge is determined by the number of customers multiplied by the rate of $15.00. The consumption charge will be computed by subtracting the amount equal to the number of customers multiplied by 5,000 gallons from the total gallonage consumed. The rate of the consumption above the basic will be $ 1.65 per 1,000 gallons up to 50,000 gallons and $1.75 per 1,000 gallons from 50,001 to 100,000 gallons and $1 .85 in excess of 100,000 gallons. (6) have a 50% surcharge on the monthly rate. SECTION 3, (1) Sewer rates are based on a monthly rate and are billed on a bimonthly schedule. The sewer rates, as calculated bimonthly, are shown as follows: PROPERTIES OUTSIDE CITY LIMITS: Properties served outside the city limits shall 13.04.020 Bimonthly Sewer Rates. DESCRIPTION €!As Single Family residence Mobile Home on single parcel Business Professional Churches Hotels, Motel Rest Homes, Care Centers Kitsap County Jail Apartments Mobile Home Parks Schools Kitsap County Courthouse (Main Complex) Restaurants Laundromats Taverns Car Dealerships Post oftice Grocery Stores Bowling Alley Boat Marina Health Maintenance Organizations Work Release & Juvenile Facilities Kitsap County Public Works Building Car Washes Beauty Shops and Barber Shops Day Care Gas Stations Assisted Living Units 1 1 2 2 3 4 4 4 5 5 6 7 8 9 10 11 12 13 14 14 14 14 14 15 16 17 18 19 Ordinance No. 1778 Page 3 of 13 BIMONTHLY RATES: Class 1 $46.00 Class 2 $46.00 for each business with a fixture. $11 50 for each business, with an employee present, without a fixture $46.00 for each floor of an office building or retail complex that has a public or community bathroom. Class 2 shall be subject to the following surcharge, based on store/office interior size: Cateaory Size of storeloffice Surcharm Small Less that 15,000 sf None Medium 15,000 to 30,000 sf $46.00 Large More than 30,000 sf $92.00 $46.00 for the church, plus $46.00 for the rectory, plus $46.00 for the annex. 'Class 6 for educational parochial schools. Base fee of $46.00 plus $ 11 50 per unit. $46.00 per dwelling unit. $1.70 for each pupil, teacher, maintenance and administrative person. Class 3 Class 4 Class 5 Class 6 Class 7 $1,794.00 Class 8 Based on the seating capacity as determined by the Building Official. Des c r i o t i QO Espresso Bar Not Applicable $ 46.00 Deli 0 $ 69.00 Small 1 to 50 $138.00 Medium 51 to 150 $207.00 Large More than 150 $276.00 Seatina caDacity J3a.k The classification of Espresso Bar includes similar food preparation businesses which do not require the cooking of food or the maintenance of kitchen equipment. Class 9 Base fee of $23.00 plus $1 1 SO per washing machine. Laundromats with less than 4 washing machines are considered Class 2. Dry Cleaners without washing machines are Class 2. Class 10 $ 115.00 Class 11 $46.00 for sales and administrative office, plus $46.00 for service department, plus $46.00 for car washing when the water is used to determine cost sharing for the sewer treatment plant. Ordinance No. 1778 Page4of13 $161.00 Basic Fee of $23.00 plus the following surcharges: Descriotion Surcharae Basic Store $23.00 Bakery $23.00 Wetted Down Produce $46.00 Food Disposal $46.00 Meat Cutting Area $92.00 Base Fee of $23.00 plus $23.00 for each Equivalent Residential Unit (ERU) as determined for the cost sharing formula for the sewer treatment plant. Base Fee of $23.00 plus $69.00 per car washing bay. $46.00 Basic Fee of $92.00 plus the following surcharges: Pescr iotioo Less than 5 children -0- 6 to 25 children $46.00 More than 25 children Class 6 rates $46.00 for gasoline retail and service bay. $46.00 for non-automotive retail. Base fee of $46.00 plus $46.00 per unit with private kitchen $1 1.50 per unit without private kitchen, studio apartment Class 12 Class 13 Class 14 Class 15 Class 16 Class 17 Class 18 Class 19 Special Notes: (a) (b) Home occupations will not be charged additional sewer fees. For a combination of classes in one business, the highest rate will be selected. In the event that an established rate class does not accurately reflect the impact on the sewer system, the City Engineer may determine the specific monthly rate. Water accounts which serve a marina pier and do not have a connection to the sewer, shall not be charged a sewer bill. A sewer bill will be charged and based on winter consumption if the water meter serves both the marina pier and any facility or pump station that is connected to the sewer system. For billing purposes, live-a-boards will not be considered as a dwelling unit. Properties served which are outside the city limits shall have a 50% surcharge on the monthly rates. SECTION 4. 13.04.030 Water Fees. (1) demands on the existing water system. The Connection Fee shall be the larger of the two Connection Fees: Connection fees are designed to mitigate the impact of new water Ordinance No. 1778 Page5of13 calculation methods: (a) Fixture Count Method: For a single family residence and apartments, the connection fee is $750 per dwelling unit. For commercial units, offices, motels, convalescent centers and other nonresidential uses, the connection fee is $750 per ten fixtures or portion thereof. For all other structures that are served by municipal water, the connection fee is $750 per ten fixtures or portion thereof. A fixture is any fixture as defined in the Uniform Plumbing Code except water heaters, floor drains used for emergency overflows only, drinking fountains if noncontinuous flows and extra fixtures attached to existing or regular fixtures such as bed pan washers, showers over tubs and hose attachments on sinks. (b) Water Consumption Method: For a single family residence and apartments, the connection fee is $750 per dwelling unit. For non-residential accounts, connection fee is $750 per ERU. The ERU is defined as 180 gallons per day of metered water consumption. The ERU consumption is based upon metered water consumption or comparison to similar accounts when metered water consumption data is not readily available. (2) cost required to connect the new service to the water main. The labor installation fee is a flat fee plus sales tax based on the size of the water meter for service lines less than 25 feet: INSTALLATION FEE: Installation fees are designed to reimburse the utility for the Installed by city employees: METER SIZE - FEE 314" 1" 1%" 2" Larger Meters $800 + cost of meter and associated materials $900 +.cost of meter and associated materials $ 1000 + cost of meter and associated materials $ 1100 + cost of meter and associated materials Estimated on a case by case basis If the water service line exceeds 25 feet, or if the proposed construction is unusually difficult the installation fee will be based on an estimate completed by the city for the required labor and material. If the service is connected by other than city employees, the inspection fee of $50 per meter will be charged. All materials shall comply with the requirements of the city. If the city supplies any materials, the cost of these, plus overhead and sales tax will be paid by the customer. If the installation is satisfactory, the city shall connect the meter if it is 1" or less in size. Larger Ordinance No. 1778 Page 6 of 13 meters shall be installed by the contractor. (3) new accounts unless exempted as explained below: FEES IN LIEU OF ASSESSMENT Fees in lieu of assessment shall be charged on (a) The property has previously participated in a water local improvement district and there are records to verify this. The City Council exempts the property from the fees in lieu of assessment because improvements on the property have substantially improved the water system. (b) (c) The Agreement for Purchase and Sale of Assets of McCormick Water Company, Inc. waives the city fee in lieu of assessment for water services. These are the services within McCormick Woods, Campus Station and McCormick 620. Fees in lieu of assessment shall be based on the zone and termini method, as prescribed by law, used in Local Improvement District #63. PAYMENT: All installation fees and fees in lieu of assessment shall be paid in full prior (4) to any issuance of permits and the physical connection of the private service line to the water system. SECTION 5. 13.04.040 Sewer Fees. (1) demands on the existing sewer system. The Connection Fee shall be the larger of the two calculation methods: CONNECTION FEES: Connection fees are designed to mitigate the impact of new (a) Fixture Count Method: For a single family residence and apartment, the connection fee is $1,000 per dwelling unit. For commercial units, offices, motels, convalescent centers and other nonresidential uses, the connection fee is $1,000 per ten fixtures or portion thereof. For all other structures that are served by municipal sewer, the connection fee is $1,000 per ten fixtures or portion thereof. A fixture is any fixture as defined in the Uniform Plumbing Code except water heaters, floor drains used for emergency overflow only, drinking fountains if noncontinuous flows and extra fixtures attached to existing or regular fixtures such as bed pan washers, showers over tubs and hose attachments on sinks. (b) Water Consumption Method: For a single family residence and apartments, the connection fee is $1,000 per dwelling unit. For non-residential accounts, connection fee is $1000 per ERU. The ERU is defined as 180 gallons per day of metered water consumption, which is Ordinance No. 1778 Page 7 of 13 directed to the sanitary sewer system. The ERU consumption is based upon metered water consumption or comparison to similar accounts when metered water consumption data is not readily available. (2) required to connect the new service to the sewer main. The installation fee is a flat fee based on the vicinity of the sewer main: INSTALLATION FEE: Installation fees are designed to reimburse the utility for the cost (a) Installed by city employees: If the main is within 25 feet of the property line, the installation fee is $800 plus sales tax. If the sewer service line exceeds 25 feet, or if the proposed construction is unusually difficult, the installation fee will be based on an estimate completed by the city for the required labor and material. If the service is connected by other than city employees, the inspection fee of $50 per lateral connection to the main will be charged. All materials shall comply with the requirements of the city. If the city supplies any materials, the cost of these plus overhead and sales tax will be paid by the customer. (b) (c) (3) FEES IN LIEU OF ASSESSMENT: Fees in lieu of assessment shall be charged on new accounts unless exempted as explained below: (a) The property has previously participated in a sewer local improvement district for sewer mains and there are records to verify this. Participation in ULlD No. 1 does not exempt property from a fee in lieu of assessment'for mains. The City Council exempts the property from the fees in lieu of assessment because improvements on the property have substantially improved the sewer system. The Agreement Regarding the Latecomer Fees for Sewer ULlD No. 6 between the City of Port Orchard and Kitsap County waives the city fee in lieu of assessment for the collection system. These are the properties that participated in ULlD No. 6 or pay the ULlD No. 6 latecomer fee. Fees in lieu of assessment for mains shall be based on the zone and termini method, as prescribed by law and used in Local Improvement District #64. (4) FACILITY CONSTRUCTION FEE: Facility Connection fees are designed to mitigate the future construction costs for the wastewater treatment facility and have each new connection pay a fair share towards the construction cost of the facility. The Facility Connection Fee as of November 1. 1999 shall be $ 1,763.63 per dwelling unit for each new service which physically connects to the sanitary sewer system except for the following: (b) (c) (a) The properties within Divisions 1 through 10, inclusively, of the McCormick Woods Land Company shall have a Facility Connection Fee of $791.25 per dwelling unit. Properties within the original City of Port Orchard ULlD #I boundaries shall not pay the Facility Connection Fee if the property had been assessed in the ULlD (b) e Ordinance No. 1778 Page 8 of 13 #I For commercial units, offices, motels, convalescent centers, and other non-residential uses, the Facility Connection Fee is $1,763.63 per Equivalent Residential Unit, ERU. The ERU is defined as 180 gallons per day which is directed to the sanitary sewer system. The ERU consumption is based upon metered water consumption or comparison to similar accounts when metered water consumption data is not readily available. The above exceptions as listed for residential properties are applicable for non-residential units. The Facility Connection Fee shall be adjusted on November 1 of each year to reflect inflation based on the CPI-U of Seattle. (5) ULlD #6 LATECOMER FEE: As per the Agreement Regarding Latecomer Fees for Sewer ULlD No. 6 between the City of Port Orchard and Kitsap County, the city shall collect the latecomer fee established by the Agreement from property owners outside the boundaries of the ULlD who connect their properties to the improvements constructed as part of ULlD No. 6. The city shall collect the latecomer fee at the same time as it collects applicable sewer connection charges andlor fees in lieu of assessments related to sewer treatment plant costs. Annually, on January 1, the city shall adjust the base latecomer charge by the amount of the change in the most recent (August) All Urban Consumer Price Index (CPI) published by the Department of Labor for the Seattle-Everett metropolitan area in the preceding twelve months. The 2000 latecomer fee is $2,518.38. (6) PAYMENT: All installation fees and fees in lieu of assessment shall be paid in full prior to any issuance of permits and the physical connection of the private service line to the sewer system. SECTION 6, 13.04.050 Billing. The water andlor sewer charges shall be billed by the City Treasurer bimonthly on the last day of the bimonthly period, to the property owner. The charges and rates shall be due to the 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. Charges remaining unpaid 30 days after the due date shall be considered delinquent and shall be subject to an additional charge of ten percent of the unpaid balance as a penalty. When a water andlor sewer bill shall become delinquent and a city employee must go to the premise during normal working hours for the purpose of hanging a written notice on the door, there shall be a ten dollar charge added to the account. If the delinquent water andlor sewer charges remain unpaid over a perlod of thirty days after the due and payable date, service will be discontinued by turnoff. Service will not resume thereafter until the delinquent charges and penalties, together with a turn-off fee, have been paid in full. The turn-off fee shall be $20.00, unless the same account should become delinquent during a twelve month period. On a second occurrence, the turn-off fee shall be $30.00. On the third occurrence and each subsequent occurrence, the turn-off fee shall be $40.00. Where both water and sewer delinquent charges are involved, the customer shall not be billed double penalties. SECTION 7. 13.04.055 Miscellaneous Charges. (1) holidays or weekends, an additional charge of $30.00 will be added to the bill for this service. When a customer requests a turn-onloff of service outside normal working hours or on Ordinance No. 1778 Page 9 of 13 (2) There shall be a ten dollar charge added to the account when a landlord turns tenant's water off, as they must sign a hold harmless form and then we give advance notice at the service address. (3) When a closing agent requests, by law, a final billing of utility services to real property being sold, the utility shall provide the requesting party with a written estimated or actual final billing. There will be a service fee of $20.00 charged for each request. SECTION 8. 13.04.060 Liens. The City Treasurer is directed to prepare and file a lien against any property where water and/or sewer charges or water andlor sewer connection fees remain unpaid for four months as provided in RCW 35.21.290 and 35.67.200. A fee of $25.00 will be put on the account when the lien is filed. The remedy provided in this section shall be in addition to any other remedy now and hereafter provided by law. All charges, together with penalties and interest which may be provided by the ordinance, shall be a lien upon the property to which such service is furnished. Water and/or sewer charges or sewer connection liens shall be superior to all other liens and encumbrances whatsoever, except those for general taxes and local and special assessments. The liens shall be enforced by the city in the manner provided by law. The additional and concurrent method of enforcing the lien of the city for the delinquent and unpaid charges by turning off the water and/or sewer service from the premise shall not be exercised after two years from the date of recording the lien notice, as provided by law. One exception to this is to enforce payment of six months charges for which no lien notice is required by law to be recorded. SECTION 9. 13.04.070 Vacancies. In the event that the premises are or shall become vacant and/or unoccupied, the basic charges for sewer shall continue, unless exempted as described below: (1) Upon proper application, the Treasurer shall have the authority to make a billing adjustment of $5.00 to the basic sewer service charges for any full month in which the individual unit is vacant for such calendar month. The property owner must complete the appropriate application within the first ten days following each calendar month period of vacancy to be eligible for a billing adjustment of the sewer service charges. No sewer service charges shall be adjusted on a pro-rata basis. Class 2 accounts without fixtures shall not receive any billing adjustment. (2) Vacant properties shall be subject to periodic inspections. A person who knowingly submits an application containing false information shall be charged a penalty of twice the sewer service rate for that period for which sewer service was credited. Any person charged such a penalty may appeal to the City Council within 15 days of the penalty assessment. SECTION IO. 13.04.080 Mother-In-Law Apartments 8, Converted Homes. These are apartments contained in a single family dwelling and are not a separate structure. These apartments are other than duplexes or multi-family units. (1) MOTHER-IN-LAW APARTMENTS: (a) (b) The property owner lives in the single family dwelling. The apartment does'not have both a separate full kitchen and full bath. A full kitchen is defined as one with a full size refrigerator, a stove, a sink and cabinets. A full bath is defined as one with a sink, a toilet and a bathing facility. There is the capability of the apartment dweller to pass from the apartment to the house through an interior door. (c) Ordinance No. Page 10 of 13 770 (d) A mother-in-law apartment would be considered a single family residence and would not be charged an extra connection fee or an extra monthly rate. The Building Department shall inspect the proposed mother-in-law apartment and report its findings to the City Treasurer. The City Treasurer shall make the determination if a unit is a mother-in-law apartment and shall so notify the property owner. The property owner may appeal the Treasurer's determination with a written petition to the City Council. (e) (2) CONVERTED HOMES: (a) (b) (c) The property owner lives in the single family dwelling. The apartment has both a separate full kitchen and full bath. In order to be a converted home, the structure shall have been a single family residence for at least five years. A converted home would not be charged an extra connection fee, but would be charged an extra monthly rate. A property owner may apply for an exemption from the additional monthly rate if a family.member lives in the apartment. Application for exemption shall be made on forms provided by the City Treasurer. When the family member moves out of the apartment the property owner shall notify the city. A family member is defined as a father, mother, spouse, children or step-children. Mother-in-law apartments and converted homes in existence prior to September 24, 1990, shall be grandfathered and associated connection fees are waived. A duplex would still be charged two connection fees and two monthly rates and is not a single family residence. (d) (e) SECTION 11. 13.04.090 Discontinuation of Sewer Charges. Upon receipt of a written statement by the owner of a lot or parcel of property which has previously been connected to the public sewer system that there is no longer any building or structure for human occupation or use or for any business purpose located thereon and that the toilet and other facilities therein have been removed, disconnected and properly plugged from the public sewer system, and upon inspection by the Superintendent or his designated representative to ascertain that the statement is true, the sewer charges shall cease as of the first day of the following month. SECTION 12. 13.04.100 Cross Connections. The installation or maintenance of any cross connection which would endanger the water supply of the City of Port Orchard is ,prohibited. Such cross connections are declared to be a public health hazard and shall be abated. The control or elimination of cross connections shall be in accordance with WAC 246-290-490. The policies, procedures and criteria for determining appropriate levels of protection shall be in accordance with the Accepted Procedure and Practice in Cross Connection Control Manual - Pacific Northwest Section - American Water Works Association, Fourth Edition or any superseding edition. Ordinance No. 1778 Page 11 of 13 It shall be the responsibility of the city to protect the potable water system from contamination or pollution due to cross connections. Water service to any premises shall be contingent upon the customer providing cross connection control in a manner approved by the City Engineer. Backflow prevention assemblies required to be installed shall be a model approved bythe Kitsap County Health Department. The City Engineer, or his designated representative with proper identification, shall have free access at reasonable hours of the day to all parts of the premises or within the building to which the water is supplied. Water service may be refused or terminated to any premise for failure to allow necessary inspections. SECTION 13. 13.04.110 Emergency Water Supply Conditions. Whenever an emergency exists affecting the water supply of the city and it becomes necessary to curtail the use of water through regulation and control of the use thereof, the Mayor shaii declare such an emergency. Notice of the emergency shall be published in the official newspaper by the City Clerk, setting forth rules under which water will be used. The notice may include defining zones for use of water and setting forth hours during which lawn sprinkling may be done. The notice shall include any restriction, as approved by the City Council, on the use of water that is deemed necessary for the welfare of the inhabitants of the city and other users of city water. Such notice and regulations established for the emergency shall be subject to change and shall be in full force and effect throughout the emergency. Any changes in such regulations as published shall likewise be published before taking effect. Regulations established for the emergency shall remain in affect until notice is published that the emergency has passed. SECTION 14. 13.04.120 Damaging the Utility System. No unauthorized person shall maliciously, willfully or negligently break, damage, destroy, uncover, deface or tamper with any structure, appurtenance or equipment which is part of the public water or sewer system. No person shall connect another structure, apartment, or dwelling unit with a temporary hose or other pipe not permitted by the Uniform Plumbing Codes for the purpose of providing water to that structure, apartment, or dwelling unit. SECTION 15. 13.04.130 Discharging of Sewerage. It shall be unlawful to discharge or cause to be discharged into the city sewer system or cause to be placed where they are likely to run, leak or escape into the public sewer, any of the following: (1) Ashes, cinder, sand, earth, rubbish, mud, straw, shavings, metal, glass, rags, feathers, tar, plastic, wood, or any matter, which is capable of or likely to obstruct or interfere with the capacity or operation of the public sewer. (2) inflammable or explosive upon introduction to the public sewer. (3) Any matter having a temperature greater than 150 degrees F (4) Sewage containing suspended solids in excess of 350 milligrams per liter. (5) Sewage containing grease or oil in excess of 100 parts per million by weight. (6) Matter with a B.O.D. greater than 300 milligrams per liter. (7) Sewage with a PH lower than 5.5 and greater than 9.0. (8) Garbage that has not been properly shredded, (9) Sewage containing toxic or poisonous substances in sufficient quantity to injure or interfere with any sewage treatment process or constitutes a hazard in the receiving waters of the sewage treatment plant. Gasoline, benzine, naphtha, fuel oil, lubricating oil or any other matter which is Ordinance No. 1778 Page 12 of 13 (IO) (11) Waters from irrigation, storm drains, sump pumps, surface runoff, roof runoff, subsurface drainage, ponds or reservoirs. When an unauthorized hookup of a drain or excess infiltration is found to exist, the City Engineer shall notify the property owner that corrective action is required and shall be accomplished within sixty calendar days. The City Engineer may allow drainage of areas, not to exceed 750 square feet, if that area cannot be economically Any noxious or malodorous matter capable of creating a public nuisance. drained other than using the sanitary sewer system. i (12) (13) than recreational vehicles or camp trailers. SECTION 16. 13.04.140 Connection to Sewer. (1) The owner of each lot or parcel of real property within the city shall connect to the public sewer system if the public sewer system is within 200 feet of the lot or parcel and if one of the following conditions occur: Contents from any septic tank or cesspool. Any unauthorized use of an established Recreational Vehicle Dump Station for other (a) A new building or structure is constructed on an undeveloped parcel or lot and use of the new building or structure generates wastewater. An existing building or structure, which is served by an existing septic tank and drainfield is remodeled or repaired in such a manner that the drainfield would have to be expanded, as required by the Health Officer. In such a case, the entire structure would have to be served by the public sewer system. (b) (c) The existing drainfield has failed and needs repair or replacement, as determined by the Health Officer. (2) The City Council may schedule a public hearing to review the circumstances of the property to be connected to the sewer system, if requested by the property owner. The City Council may modify or remove the requirements of mandatory sewer connection, if it deems it necessary. 13.04.150 Side Sewer Responsibilities. That portion of any side sewer pipe lying within a street right of way or easement shall be kept within the exclusive control of the city. That portion of the side sewer lying beyond said right of way or easement shall be the responsibility of the sewer customer, which is served by the pipe. When a side sewer is blocked, it is the responsibility of the sewer customer to remove the blockage. If the blockage is shown to the satisfaction of the City Council to be within the right of way or easement, the City Council may reimburse all or part of the cost to remove the blockage. 13.04.160 Industrial Sewer Users. SECTION 18. (I) All major contributing industrial users of the public sewer system shall be required to enter into an agreement with the City of Port Orchard to provide for the payment of their proportionate share of the federal share of the capital costs of the sewage project allocable to the treatment of such industrial waste. (2) The recovery of the proportionate share of costs shall be determined by agreement Ordinance No. 1778 Page 13 of 13 industrial user. The share of costs shall be based upon all factors, which significantly influence the cost of the treatment works and shall be repaid, without interest, in at least annual payments during the recovery period not to exceed the life of the project or thirty years. In the event the city and users cannot agree as to the proportionate share to be repaid to the city, said proportionate share shall be determined by arbitration and the arbitrator shall be appointed by the presiding judge of the Kitsap County Superior Court. (3) All major contributing users discharging into the treatment works shall be required to comply, within three years, with the pretreatment standards established by the Environmental Protection Agency. In accordance with the pretreatment requirements, major industries are defined as those industries that: (a) (b) Have a wastewater flow of fifty thousand gallons, or more, per average day. Have a wastewater flow greater than one percent of the flow carried by the municipal system receiving the waste, Include the discharge of a toxic material. (c) SECTION IS. 13.04.170 Violation. Any person who violates any of the provisions of this chapter shall become liable to the city for any expense, loss or damage occasioned by the city by reason of such violation. Such person will be charged for any damage and may be assessed a civil penalty in an amount not to exceed five thousand ($5,000) Dollars. Every day that the person is in violation shall be considered a separate event and may be charged as such under this section. SECTION 20, Appeals. The person may appeal the penalty to the City Council, provided that the appeal is made in writing and filed with the City Clerk within ffieen (15) calendar days from the date of notice imposing the penalty. The failure to appeal will constitute a waiver of all rights to an administrative hearing and determination of the matter. Repealer. Ordinance No. 1768 is hereby repealed in its entirety. SECTION 22. Savings Clause. Ordinance No. 1768, which is repealed by this ordinance, shall remain in force and effect until the effective date of this ordinance. WXgXU.3. Severability. If any section, subsection, sentence, clause, or phrase of this ordinance or amendment thereto, or its application to any person or circumstances is held invalid, the remainder or application to other persons or circumstances shall not be affected. PASSED by the City Council of the City of attested by the Clerk in authentication of such passage this 22n , APPROVED by the Mayor and APPPOVED AS TO FORM: LESLIE J. WEATHERILL. MAYOR SPONSORED BY: Ordinance No. 1812 Exhibit "B" e ORDINANCE NO. 1769 AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, REPEALING ORDINANCE NO. 1180 AND 1197 AND REESTABLISHING PORT ORCHARD MUNICIPAL CODE CHAPTER 5.08 AND ADDING A NEW SECTION 5.08.035 PROVIDING FOR DEFINITIONS RELATING TO THE IMPOSING OF A UTILITY BUSINESS AND OCCUPATIONAL TAX UPON THE TELEPHONE BUSINESS, PROVIDING FOR THE COLLECTION THEREOF, DEFiNlNG OFFENSES AND PRESCRIBING PENALTIES. THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. 5.08.010 That Port Orchard Municipal Code 5.08.010 shall read as follows: Power of city. The provisions of this chapter shall be deemed to be an exercise of the power of the city to license for revenue. SECTION 2. 5.08.020 Application and Issuance of license. No person, firm or That Port Orchard Municipal Code 5.08.020 shall read as follows: corporation shall engage In or carry on any business, occupation, act or privilege for which a tax is imposed by Section 3 without first having obtained, and being the holder of, a license as established in Ordinance No. 1701 and POMC 5.12. Each such person, firm or corporation shall promptly apply to the City Treasurer for such license upon such forms as the Treasurer shall prescribe. SECTION 3. 5.08.030 That Port Orchard Municlpal Code 5.08.030 shall read as follows: Levy of tax. There is levied upon, and there shall be collected from, every person, firm or corporation engaged in carrying on the following business for hire or for sale of a commodity or a service within or partly within the corporate limits of the city, the tax for the privilege of so doing business as hereinafter defined: Upon any telephone business there shall be levied a utility tax equal to six percent of the total gross operating revenues, including revenues from intrastate toll, derived from the operation of such business within the city. Gross operating revenues shall not include charges which are passed on to subscribers by a telephone company pursuant to tariffs required by regulatory order to compensate for the cost to the company of the tax imposed by this chapter. SECTION 4. 5.0 8.0 3 5 That Port Orchard Municipal Code 5.08.035 shall read as follows: Definitions. The words and phrases used in this ordinance, unless the context otherwise indicates, shall have the following meanings: (1) "Telephone business" means the business of providing access to a local telephone network, local telephone network switching service, toll service, coin telephone services, telephonic, video, data, pagers, or similar communication or transmission for hire, via a local telephone network, toll line or channel, cable, microwave or similar communication or transmission system. The term includes Ordinance No. 1769 Page 2 of 5 cooperative or farmer-line telephone companies or associations operating exchanges. (2) telephone service, nor the providing of cable television service, or other providing of broadcast services by radio or television stations. (3) "Competitive telephone service" means the providing by any person of telecommunications equipment or apparatus, directory advertising and lease of telephone street directories, or service related to that equipment or apparatus such as repair or maintenance service, if the equipment or apparatus is of a type which may be provided by persons not subject to regulation as telephone companies under Title 80 RCW, and which a separate charge is made. Transmission of communication through cellular telephones is classified as "telephone business" rather than "competitive telephone service." (4) telephone/telecommunications system based in whole or substantial part on wireless radio communications and which is not subject to regulation by the Washington Utilities and Transportation Commission (WUTC). This includes cellular mobile service. Cellular mobile service includes other wireless radio communications services such as Specialized Mobile Radio (SMR), Personal Communications Services (PCS), and any other evolving wireless radio communications technology which accomplishes the same purpose as cellular mobile service. Cellular telephone service is included within the definition of "telephone business" for the purposes of this chapter. (5) "Pager service" means service provided by means of an electronic device which has the ability to send or receive voice or digital messages transmitted through the local telephone network, via satellite or any other form of voice or data transmission. "Telephone business" does not include the providing of competitive "Cellular telephone service" is a two-way voice and data SECTION 5. 5.08.040 That Port Orchard Municipal Code 5.08.040 shall read as follows: Deductions. In computing the utility tax there shall be deducted from the gross operating revenues the following items: (1) taxpayer; The amount of credit losses and uncollectibles actually sustained by the (2) from any business which the city is prohibited from taxing under the Constitutions of the United States or the state; (3) Amounts derived from transactions in interstate or foreign commerce or Amounts derived by the taxpayer from the city. SECTION 6. 5.08.050 That Port Orchard Municipal Code 5.08.050 shall read as follows: Payment periods. The utility tax imposed by this ordinance shall be due and payable in monthly installments and remittance shall be made on or before the thirtieth day of the month next succeeding each month in which the tax accrued. On or before the due date, e..- .- - Ordinance No. 1769 Page 3 of 5 the taxpayer shall file with the City Treasurer a written return, upon such form and setting forth such information as the Treasurer shall reasonably require, together with the payment of the amount of utility tax. SECTION 7. 5.08.060 That Port Orchard Municipal Code 5.08.060 shall read asfollows: Records kept. Each taxpayer shall keep records reflecting the amount of his gross operating revenues, and such records shall be open at all reasonable times to the inspection of the, City Treasurer or his duly authorized subordinates, for verification of the utility tax returns or for the fixing of the utiiity tax of a taxpayer who fails to make such returns. SECTION 8. 5.08.070 That Port Orchard Munlclpal Code 5.08.070 shall read as follows: Failure to pay utility tax - Penalty. If any person, firm or corporation subject to this chapter fails to pay any utility tax required by this chapter within 30 days after the due date thereof, there shall be added to such utility tax a penalty of 10 percent of the amount of such utility tax and interest charged at the rate of 18 percent in addition to the penalty. Any utility tax due under this chapter and unpaid, and all penalties and interest thereon, shaii constitute a debt to the city and may be collected by court proceedings, which remedy shall be in addition to all other remedies. SECTION 9. That Port Orchard Municipal Code 5.08.080 shall read asfollows: 5.08.080 Credits to taxpayer. Any money paid to the city through error or otherwise not in payment of the utiiity tax imposed hereby or in excess of such utility tax shall, upon request of the taxpayer, be credited against any utility tax due or to become due from the taxpayer hereunder, or upon the taxpayer's ceasing to do business in the city, be refunded to the taxpayer. No taxpayer may demand a refund of utility tax collected more than three years from the date of the demand. The city may not demand utility tax more than three years after the utili& tax is accrued. SECTION IO. That Port Orchard Municipal Code 5.08.090 shall read as follows: 5.08.090 Wiring regulations. The license shall authorize and allow the licensee to commence or to continue the maintenance and operation of its telephone and telegraph business in the city. The licensee's cables and other appliances and conductors may be strung on poles or other fixtures above ground, or at the option of the licensee may be laid underground in pipes or conduits or otherwise protected, and such other apparatus may be used as may be necessary or proper to operate and maintain the same. Whenever such wires, cables and other appliances and conductors are laid underground in pipes or conduits or otherwise protected, the licensee shall furnish to the city one duct in its main underground system excluding pipe or other conduit dips connecting one pole with another, or two pairs of wire in underground cable, free of charge to the city, to be used for low-tension police and fire alarm purposes, the licensee having the option as to whether two pairs of wires shall be given or a duct in the underground system; provided, however, that the city shall, in its use and maintenance of such fixtures, wires or ducts, comply with the reasonable plans and rules of the licensee so that there may be a minimum of danger of contact between its fixtures, wires or ducts and the fixtures, wires, cables or ducts of the licensee. The wires of the city shall not be unduly exposed to foreign electrical current in excess of 5,000 volts. In case of a rearrangement of the plant, the city wili, at its own expense, care for its own fixtures. wires and construction. The licensee shall have no liabiiitywhatsoever, either to the city or to any person, for any damage or claim of any kind arising out of the construction, maintenance, operation, removal or presence of the equipment herein described and to be used by the city solely in maintaining the efficiency of its fire alarm system and police force. 0 . .. ., Ordinance No. 1769 Page 4 of 5 SECTION 11. That Port Orchard Municipal Code 5.08.100 shall read as follows: 5.08.100 Excavations on streets. It shall be lawful under the license for the licensee to make all needful excavations in any of the streets, alleys, avenues, thoroughfares, public highways and public grounds and places in the city for the purpose of placing, erecting, laying, maintaining. operating, repairing, removing or replacing poles, conduits or other supports or conductors for wires and cables. The work performed under the license shall be done in compliance with the rules, regulations, ordinances or orders which may be adopted from time to time by the city. SECTION 12. That Port Orchard Municipal Code 5.08.110 shall read as follows: 5.08.110 Restoration of streets. Whenever a licensee disturbs any of the streets, alleys, avenues, thoroughfares, public highways or public grounds for the purposes set forth in Section 11. the licensee shall restore the same to good order and condition as soon as possible without unnecessary delay. Upon failure to do so, the city shall have the right to fix a time which shall be reasonable within which such repairs and restoration of streets shall be completed, and upon failure of such repairs being made by the licensee, the city shall cause such repairs to be made at the expense of the licensee. The licensee shall save the city harmless from any and all damages or claims arising out of, or in any way connected with, such excavations or disturbance of the streets, alleys, avenues, thoroughfares, public highways or public grounds, or the maintenance of the licensee‘s appliances and fixtures thereon, thereunder or thereover SECTION 13. That Port Orchard Munlcipal Code 5.08.120 shall read as follows: 5.08.120 Tree trimming. Where tree trimming is necessary in public streets or places for the proper operation of the lines and conductors of the licensee, such trimming shall be done by competent employees of the licensee upon application for the granting of a permit by the superintendent of public works or such other official as the city council may designate. SECTION 14. That Port Orchard Municipal Code 5.08.130 shall read asfollows: 5.08.130 Rearrangement of aerial cables. Whenever it becomes necessary to temporarily rearrange, remove, lower or raise the aerial cables or wires or other apparatus of the licensee to permit the passage of any building, machinery or other object, the licensee will perform such rearrangement on seven days’ notice to its manager at Bremerton from the person or persons desiring to move the building, machinery or other objects. The notice shaii bear the approval of the superintendent of public works or such other official as the city council may designate; shall detail the route of movement of the building, machinery or other objects; shall provide that the costs incurred by the licensee in making such rearrangements of its aerial plant will be borne by the person or persons giving notice: and shall further provide that the person or persons giving notice will indemnify and save the licensee harmless from any and all damages or claims of whatsoever kind or nature caused directly or indirectly from such temporary rearrangement of the licensee’s aerial plant. SECTION 15. That Port Orchard Municipal Code 5.08.140 shall read as follows: 5.08.140 Street improvements - Moving telephone apparatus. Nothing in this Ordinance shall be construed in any way to prevent the proper authorities of the city from sewering, grading, planking, rocking, paving, repairing, altering or improving any of the streets, alleys, avenues, thoroughfares, public highways or places within the city in or upon which the poles, wires or other conductors of the licensee shall be placed. If it becomes necessary that the poles, Ordinance No. 1769 Page 5 of 5 wires, cables or other apparatus of the licensee shall be moved in order for the city to carry out such work or improvements, the licensee shall move its poles, wires, cables and other apparatus at its own expense within a reasonable time after notice of such proposed work or improvements is given to the licensee by the city. SECTION 16. That Port Orchard Munlclpal Code 5.08.150 shall read as follows: 5.08.150 Noncompliance - Penalty. Any person, firm or corporation subject to this chapter who fails or refuses to apply for an occupational license or to make the utility tax return or to pay the utility tax when due, or who makes any false statement or representation In or in connection with any application for an occupational license or such utility tax return, or otherwise violates or refuses or fails to comply with this chapter, shall be guilty of a misdemeanor, and, upon conviction thereof, shall be punished by a fine of not to exceed $500.00. Each day's offense shall be deemed a separate violation. SECTION 17. That Port Orchard Municipal Code 5.08.160 shall read asfollows: 5.08.160 Power of clerk to make rules and regulations. The city clerk is authorized to adopt, publish and enforce, from time to time, such rules and regulations for the proper administration of this ordinance as shall be necessary, and it shall be a violation of this ordinance to violate or to fail to comply with any such rule or regulation lawfully promulgated hereunder. SECTION 18. That Port Orchard Municipal Code 5.08.170 shall read asfollows: 5.08.170 Validity. The invalidity or unconstitutionality of any provision or section of this ordinance shall not render any other provision or section of this ordinance invalid or unconstitutional. SECTION 19. Repealer. Ordinance Nos. 1180 and 1197 are hereby repealed in their entirety. SECTION 19. Savings Clause. Ordinance No 1180, and Ordinance No. 1197, which have been repealed by this ordinance, shall remain in force and effect until the effective date of this ordinance. PASSED by the City Council of the City of APPROVED by the Mayor September 1999. and attested by the Clerk in authentication of such 3. WEATHERILL, MAYOR ATTEST: & Patricia Parks, City Clerk Sponsored by: 4w4-6 d Cbncilman Geiger 0 Ordinance No. 1812 Exhibit C ORDINANCE NO. 1775 AN ORDINANCE OF THE ClTY OF PORT ORCHARD, WASHINGTON SElTlNG THE AMOUNT OF PROPERTY TAXES TO BE RAISED FOR THE YEAR 2000 WHEREAS, the City of Port Orchard, with a population under ten thousand (10,000), retains the ability to raise property taxes up to six percent per year; and WHEREAS, notice was given for the annual public hearing on revenue sources held on October 25, 1999 to consider the City of Port Orchard’s current expense and street budget for the 2000 calendar year pursuant to RCW 84.55.120, and WHEREAS, it is the City of Port Orchard‘s desire that the maximum amount of property tax allowed be collected for the year 2000, now, therefore, THE COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON DOES HEREBY ORDAIN AS FOLLOWS: Section 1, There is hereby authorized a discretionary increase in the 2000 regular property tax levy, plus an additional dollar amount equal to the amount allowed under the new construction, improvements to property and any increase in the value of state-assessed property, by provisions of RCW 84.55.010, in the amount of sixty-six thousand, seven hundred ten dollars ($66,710), which is a percentage increase of six percent from the one million, one hundred twenty-four thousand, sixty-eight dollars ($1,124,068) levied for collection in 1999. The total of the regular levy plus additional amounts is at least one million, two hundred twenty-five thousand, eight hundred dollars ($1,225,800). Section 2. There is hereby authorized a decrease in the 2000 Emergency Medical Services property tax levy from the one hundred eighty-three thousand, two hundred eighty-three dollars ($183,283) levied for collection in 1999. This is due to a decrease in the City’s assessed valuation. The maximum computed is fifty cents ($50) of the assessed value with the total being at least one hundred eighty-two thousand, three hundred eighty-nine dollars ($182,389). PASSED by the City Council of the City of Port Orchard si d by the Mayor and attested by the City Clerk in authentication of such passage this 8~ day of Novemb AlTEST ZL LESLIE J. WEATHERILL, MAYOR Patricia Parks, City Clerk APPROVED AS TO FORM: SPONSORED BY: a Exhibit D ORDINANCE NO. 1777 AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON PROVIDING FOR THE LICENSING OF TAXICABS; THE QUALIFICATIONS OF APPLICANTS TO DRIVE TAXICABS WlTHiN THE CITY OF PORT ORCHARD AND PROViDlNG A PENALTY FOR THE VIOLATIONS THEREOF AND REPEALING ORDINANCE NOS. 507,781,001,1226,1228, AND 1235. WHEREAS, the City Council of the City of Pori Orchard provided for licensing of taxicabs and applicants to drive taxicabs within the City of Port Orchard by adopting Ordinance No. 507 on October 9, 1944, and WHEREAS, the City Council has periodically reviewed and revised certain sections of Ordinances regulating the licensing of taxicabs and for-hire drivers, the last revision being adopted in 1983, and WHEREAS, the City Council of the City of Port Orchard, desires to update the rules, regulations, and penalties for licensing taxicabs and applicants to drive taxicabs within the City of Port Orchard, now, therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DOES HEREBY ORDAIN: SECTION 1. (1) The licensing of taxicabs, the examining of the qualifications of applicants to drive taxicabs; and the licensing of drivers as hereinafter provided shall be under the supervision of the city clerk (hereinafter referred to as "clerk"), and (2) The inspection of taxicabs, inspection and sealing of taxicab meters and the enforcing of the provisions of this chapter shall be under the supervision of the chief of police (hereafter referred to as "chief"), and (3) The location and designation of taxicab stands and parking spaces shall be under the supervision of the city council (hereafter referred to as "council"). SECTION 2. (1) vehicle is being operated only by a driver who holds a valid for-hire license. (2) The taxicab or for-hire vehicle owner must maintain a business address and a mailing address where the owner can' accept mall, and a business telephone in working order that can be answered at least 9 AM to 5 PM Monday through Friday, and during all hours of operation. The taxicab office or dispatch center may suffice for this requirement. (3) The taxicab owner shall comply with all requirements for taxicabs within this chapter. (4) three (3) working days of learning of the following occurrences: Supervisory duties of officials. Taxicab owner and for-hire vehicle owner responsibilities. The owner of a taxicab or for-hire vehicle must ensure the taxicab or for-hire The taxicab or for-hire vehicle owner must notify the clerk or designee within (a) Any conviction, bail forfeiture or other final adverse finding received by the taxicab driver or for-hire vehicle driver, for any criminal offense that occurs during, or arises out of, the driver's operation of a taxicab or for- hire vehicle. Ordinance No. 1777 Page 2 of 5 (b) Any conviction, bail forfeiture, 'or other final adverse finding received by the taxicab or for-hire vehicle driver for any criminal offense involving theft, robbery, burglary, assault, sex crimes, drugs, prostitution, or any related offense. Any vehicle accident required to be reported to the State of Washington involving any taxicab operated by the taxicab driver or for-hire vehicle operated by the for-hire driver. (d) Any restriction, suspension, or revocation of the taxicab or for-hire vehicle driver's motor vehicle driver's license. (5) The taxicab or for-hire vehicle owner must maintain daily trip sheet records and complaint logs, for all licensed vehicles. The for-hire vehicle owner must keep daily trip sheets and complaint logs for a minimum of three (3) years. The for-hire vehicle owner must provide the clerk or designee upon request the following information compiled from the daily trip sheets: (a) (b) (c) (c) Number of service requests (trips) during the last year; Average operating hours per week per vehicle for the last year; Number of complaints received regarding: (i) driver conduct categorized by driving behavior, communication, personal dress, or hygiene; vehicle condition categorized by appearance, mechanical, and/or safety; (ii) (iii) service response; and (iv) lack of driver knowledge including incorrect route or no knowledge of destination requested. (d) All complaints received regarding either the for-hire driver or the taxicab or for-hire vehicle, where such complaint involves an alleged violation of this chapter, including a note of the action taken to resolve the complaint and the disposition, if known. Vehicle license required - Application. No taxicab shall ply or be operated upon the streets of the city without first obtaining a license so to do. The license shall be issued by the clerk or designee. The license if issued shall be for the calendar year and shall be effective for such period of time unless sooner suspended or revoked as hereinafter provided. Applications for license for taxicab shall be made by the owner thereof upon blank forms to be furnished by the clerk. The applications shall contain the full name and address of the owner, the type of the vehicle, and its passenger carrying capacity. SECTION 4, Mechanical requirements of vehicle. No taxicab shall be licensed unless it is in a safe condition for use as such, nor unless there is installed therein a taximeter capable of mechanically calculating the rates for-hire; provided, that the council may, for good cause shown, waive the requirement for installation of the taximeters. SECTION 3. ' SECTION 5, Vehicle license card. If upon inspection taxicab is found to be of lawful construction and in proper condition in accordance with the provisions of this chapter, upon payment of the license fee hereinafter set forth the same shall be licensed by delivering to the owner a card of such size and form as may be prescribed by the clerk. Ordinance No. 1777 Page 3 of 5 Name of owner displayed on vehicle. Every taxicab licensed under the provisions of this chapter shall have the name of its owner plainly painted in letters at least two inches in height in a conspicuous place on each side of the vehicle. SECTION 6. SECTION 7. Vehicle license fee. The license fee shall be $20.00 per annum for each taxicab licensed. In the case of licenses issued on or after July 1st of each year, one-half only of the above fee shall be paid. Such license shall not be transferable. SECTION 8. Maintenance of vehicles - Inspection. The owner of each taxicab shall maintain vigilance over all taxicabs to see that they are kept in a condition of continued fitness for public use. The Police Department shall inspect all taxicabs on the complaint of any citizen, or from time to time as may be deemed necessary driving a taxicab must be licensed as such. Each applicant for a driver's license shall be: SECTION 9, Driver's license required - Qualifications of drivers. Every person (1) (2) (3) (4) the safety, comfort, and convenience of passengers, and (5) Fill out upon a blank form to be provided by the clerk a statement giving their full name, address, age, height, color of eyes and hair, place of birth, whether the applicant has ever been convicted of a felony or a misdemeanor, whether the applicant has been previously licensed as a driver or chauffeur, and if so, when and where, whether their license has ever been revoked and for what cause. This statement shall be signed and sworn to by the applicant and filed with the clerk. SECTION 10 (1) at all times. (2) position in line at a taxicab zone; a passenger may select any taxicab in line. (3) packages (under fifty (50) pounds) in and out of the taxicab or for-hire vehicle. (4) A for-hire driver shall not refuse to transport in the taxicab or for-hire vehicle any passenger's wheelchair which can be folded and placed in either the passenger, driver, or trunk~compartment of the taxicab or for-hire vehicle, an assist dog or guide dog to assist the disabled or handicapped, groceries, packages, or luggage when accompanied by a passenger. (5) passenger specifically requests to change the route. (6) A for-hire driver shall not permit any person or pet to ride in the taxicab of for-hire vehicle unless that person or pet accompanies, or is in the vehicle at the request of, a fare-paying individual. This requirement shall not apply to identified driver trainees. Licensed by the State of Washington to drive a vehicle, and 21 years of age or over, and Able to speak, read, and write the English language, and A for-hire driver shall operate the taxicab or for-hire vehicle with due regard for For-hire driver-passenger relations standards. A for-hire driver shall provide customers with professional and courteous service A for-hire driver shall not refuse a request for service because of the driver's A for-hire driver shall at all times assist a passenger by placing luggage or A for-hire driver shall use the most direct available route on all trips unless the Ordinance No. 1777 Page 4 of 5 (7) A for-hire driver shall not refuse to transport any person except when: (a) (b) The for-hire driver has already been dispatched on another call; The passenger is acting in a disorderly or threatening manner, or otherwise causes the for-hire driver to reasonably believe that the for- hire driver's health or safety or that of others, may be endangered; (c) the passenger cannot, upon request, show ability to pay the fare. A for-hire driver shall not smoke while the taxicab or for-hire vehicle is occupied (8) without the consent of all passengers. (9) A for-hire driver shall be able to provide a reasonable amount of change, and if correct change is not available, no additional charge will be made to the passenger in attempting to secure the change. (IO) A for-hire driver shall not make any discriminatory charges to any person, or make any rebate or in any manner reduce the charge to any person unless such is in conformity with the discounts or surcharges contained in the filed rates. SECTION 11. Fingerprints and photographs of driver applicant. Every applicant for a driver's license must submit to fingerprinting by the chief or designee and must file with their application two recent photographs of them self of a size designated by the clerk and which may be easily attached to their license, one of which shall be so attached when issued, the other shall be filed with the application. The photograph shall be so attached to the license that it cannot be removed and another photograph substituted without probability of detection. Each licensed driver shall on demand of the license inspector, police officer or a passenger, exhibit their license and photograph for inspection. SECTION 12. Issuance of driver's license. Upon satisfactory fulfillment of the five requirements set forth in this chapter, there shall be issued to the applicant a license, which shall be in such form as to contain the photograph and signature of the licensee. Drivers' licenses shall be issued for the calendar year. SECTION 13. Renewal of driver's license. A driver's license may be renewed from year to year by clerk or designee. A driver in applying for a renewal of their license shall make such application upon a form to be furnished by the clerk. Application for renewal must be submitted prior to expiration of the current license. SECTION 14. Driver's license fee - Non-transferability of license. The license fee for a driver's license shall be $30.00 yearly. The license shall not be transferable. SECTION 15. Driver's license records kept by clerk. There shall be kept by the clerk a complete record of each license issued to a driver, and of all renewals, suspensions, and revocations thereof, which record shall be kept on file with the original application for a license. SECTION 16. Driver to furnish receipt on demand. If demanded by the passenger. the driver in charge of the taxicab shall deliver to the person paying for the hiring of the same at the time of such payment a receipt therefor in legible type or writing containing the name of the owner, the city vehicle license number or the driver's city license number, and any items for which a charge is made. the total amount paid, and the date of payment. SECTION 17. Penalty. Repeated violations will result in revocation of license as stated in Section 18. Ordinance No. 1777 Page 5 of 5 SECTION 18. Revocation or suspension of license, procedure. (1) Licenses issued pursuant to the provisions of this chapter may be revoked or suspended for violation of such provisions by resolution of the council whenever it shall find that the licensee or any agent, servant, or employee of such licensee has violated the provisions of this chapter or permitted the same to be violated: provided, however, no such license shall be revoked or suspended unless charges in writing shall first have been filed with the clerk setting forth with reasonable certainty the nature of such charges against the licensee. Upon the filing of charges as aforesaid the council shall fix a time and place for the hearing of the charges, and a copy of the charges as filed, together with notice of the time and place of hearing, shall be served upon the licensee at least five days prior to the date fixed by the council for the hearing. (2) Any notice provided for in this section shall be served, either (a) by delivering copy personallyto the licensee, or (b) by leaving a copy with some person of suitable age and discretion at the place of business of the licensee, or if no such person be found at the place of business of the licensee, by leaving such notice in a conspicuous place on the premises, and mailing a copy of the notice to the licensee at his place of business as set forth in his application for license. At the hearing on said charges the licensee shall have the right to appear and defend the charges and if licensee so desires, to be represented by counsel. SECTION 19. Validity. The invalidity or unconstitutionality of any provision or section of this ordinance shall not render any other provision or section of this ordinance invalid or unconstitutional. SECTION 2Q (1) (2) (3) (4) (5) (6) SECTION 21. Savings Clause. Ordinance Nos. 507, 781, 881, 1226, 1228, and 1235, which has been repealed by this ordinance, shall remain in force and effect until the effective date of this ordinance, Repealer. The following ordinances are hereby repealed in their entirety; Ordinance No. 507, enacted October 9, 1944. Ordinance No. 781. enacted January 23,1967. Ordinance No. 881, enacted June 14,1971. Ordinance No.1226, enacted February 28, 1983. Ordinance No. 1228, enacted March 14,1983. Ordinance No. 1235, enacted July 11,1983. PASSED by the City Council of the City of Port Orchard VED by the Mayor and attested by the Clerk in authentication of such passage this 22nd AlTEST: LESLIE J. WEATHERILL, MAYOR SPONSORED BY: e' Ordinance No. 1812 Exhibit E ORDINANCE NO. 1700 AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, ADOPTING PROCEDURES AND POLICIES RELATED TO USE OF CITY HALL FAClLllTES AND AUTHORIZED FEES TO BE ESTABLISHED BY CITY RESOLUTION. WHEREAS, the new city hall has rooms that may be desirable for appropriate use by community organizations, and WHEREAS, it is the desire of the City Council to provide guidelines for use of city hall facilities, now, therefore, THE COUNCIL OF THE CITY OF PORT ORCHARD DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Port Orchard City Hall Facilities Use Policy Rooms available for use are the Council Chambers; Council wnferencehorkroom; 3" floor conference room; and the Courtroom. Use of the Courtroom is limited to judicial or quasi-judicial hearing. There would not be any rent for City of Port Orchard government, which includes elected officials, City Planning Commissioners, city appointed boards and city staff working on city business. There would not be any rent for local governmental or quasi-govemmental agencies which the Mayor or designee is on the board or is an active participant, This would include Kitsap Regional Coordinating Council, Kitsap County Health District, Kitsap Transit, Economic Development Council, and the Kitsap County Housing Authority. There would not be any rent for groups in which a council member participates and it addresses city affiliated business. Examples of this would be task forces in which a Council member participates in special committees, such as the Christmas Tree Lighting Committee or Bethel Corridor Task Force. Facilities are not available for use by commercial, fraternal, political, or religious organizations. There would not be any rent for town meetings sponsored by State or Federal officials. Other governmental agencies which are not listed above shall pay the rental fees. Community organizations receiving financial support from the city may use the rooms without paying the rental fee in the year they receive that financial support. Community groups not listed above shall pay the rental fee No regular, prescheduled. re-occurring reservations for any non-city groups or organization will be allowed. AIi scheduling shall be made and confirmed through the City Clerk's office. Ordinance No. 1780 Page 2 of 2 City Council and City Planning Commission meeting have priority if a scheduling conflict is experienced. In the event of a special Council or Planning Commission meeting, a prescheduled reservation by a non-city organization will be cancelled. Attempts will be made to relocate such rescheduled groups to another area. If relocation is not workable, application fees and deposit will be refunded. City staff will open and secure the facility. No keys will be given to non-city personnel at any time. In the event a room is scheduled for use affer normal business hours, a staff member or city official must be present. City audio/visual equipment will only be operated by city authorized personnel. The Mayor or designee shall be authorized to waive fees, r& on any exceptions or clarify rules or provisions of this policy. Exceptions or clarifications shall be in written signed format. The rental fee would not be pro-rated. No food or coffee is allowed in the Council Chambers. SECTION 2. Severability. If any section, subsection, par jraph, sentence, clause, or phrase of this ordinance is declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this ordinance. 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 22nd day of November 1999. && LESLIE J. WEATHERILL. MAYOR AlTEST: APPROVED AS TO FORM: SPONSORED BY @ Ordinance No. 1812 Exhibit F ORDINANCE NO. 1781 AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, AMENDING $7 AND 58 OF ORDINANCE NO. 1276 ADOPTING PROCEDURES FOR THE ISSUANCE OF INSTALLATION PERMITS AND AUTHORIZE FEES TO BE ESTABLISHED BY CITY RESOLUTION. WHEREAS, fees are established for certain Public Works Department permits, applications, and documents; and WHEREAS, the Public Works Department provides a variety of services, which require fees; now, therefore, THE COUNCIL OF THE CITY OF PORT ORCHARD DOES HEREBY ORDAIN AS SECTION I, Fees for departmental permits, application and documents listed in FOLLOWS: Exhibit "A", shall be established by City Resolution. SECTION 2. 15.36.030 Installation Permits - Required - Fee. (1) Prior to the location, relocation, establishment, or initial occupancy of any mobile homehanufactured home, the home owner or authorized representative shall obtain a permit from the Building Department. The fee for the installation permit shall be set by City &solution. (2) A dealer may not deliver a mobilehnanufactured home until it has been verified that the owner or the installer has obtained an lnstallation Permit for the home. Each permit issued by the Building Department for a mobilehnanufactured home shall be valid until the mobilehnanufactured home is moved to another location. (3) The installation permit issued is only for the installation of the mobilehnanufactured home. Changes to the basic home or modification to the approved set-up instructions cannot be made. SECTION 2, 15.36.080 Inspections - Correction of Noncompliance. (7) The installer shall request an inspection affer all aspects of the installation, other than installation of the foundation facia, have been completed. If the installation Complies with the installation requirements and the condition of the installation permit, the City of Port Orchard shall approve the installation and allow the mobile home to be occupied. (2) If the installation does not comply with the installation requirements and the conditions of the installation permit, the City Building lnspector shall provide the installer with a list of corrections that the installer must make. The list of corrections shall state a date by which the corrections must be completed. If the items that require corrections are not complete, a re-inspection fee shall be assessed. The re-inspection fee is set by City Resolution. Ordinance No. 1276, Section 7 is amended to read as follows: Ordinance No. 1276, Section 8 is amended to read as follows: AlTEST: Ordinance No. 1781 Page 2 Of 4 SECTION 3. The Uniform Building Fees are adopted by city ordinance in conjunction with adoption, by reference, of the Uniform Building Codes. SECTION 4. SECTION 5. Utility fees and equipment rental fees are not included in Exhibit "A". State sales tax will be applied to the fees when the preparation of the document or service is completed by other than city personnel. SECTION 6, Severability. If any section, subsection, paragraph, sentence, clause, or phrase of this ordinance is declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this ordinance. 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 22nd day of November 1999. I APPROVED AS TO FORM: Y\ LESLIE J. WEATHERILL, MAYOR SPONSORED BY: Ordinance No. 1781 Page 3 of 4 Exhibit "A" DESCRIPTION I Review I EIS Review Substantial Development Permit Conditional Use Permit, Rezone Varianre Site Plan Review $25,000 to $49,999 Ordinance No. 1781 Page 4 of 4 Site Plan Review $50,000 to $499,000 1 Site Plan Review $500.000 plus Street Excavation Permit hearing or meeting, such as re-considerations or revisions. Zoning Ordinance Zoning Procedures Zoning Map Developers Handbook Comprehensive Plan Comprehensive Plan Maps Tremont Corridor Specific Shorel'ne Master Program Blackjack Creek Management Plan Ross Creek Management Plan Critical Area Designations Wet Lands Inventory Sewer Comp Plan Water Comp Plan Stormwater Manual Parks Comp Plan CaDilal Facilities I Comprehensive Plan J Ordinance No. 1312 Exhibit G ORDINANCE NO. 1786 AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON CREATING A NEW CHAPTER WITHIN THE PORT ORCHARD MUNICIPAL CODE RELATING TO INVESTIGATIVE FUND ASSESSMENTS. WHEREAS, in connection with the city's enforcement of criminal violations of Port Orchard Municipal Code provisions, the city expends substantial resources on police services and investigation activities, and WHEREAS, because of these substantial costs incurred by those, who violate the law, it is appropriate that when individuals have been convicted of violations, receives a conditional dismissal or a deferred sentence of criminal provisions of the, city code, those individuals should be more responsible for the costs incurred by the city because of such criminal conduct, and WHEREAS, it is appropriate that the city provide for a cost funding, to be imposed on individuals convicted of criminal violations of the city code to help fund the police services involved in investigation, now therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Funding Line-Itern Created. There is created within the Police Services Budget of the City of Port Orchard a separate line item to be known as "Investigation Funding." Monies deposited in this line-item shall be used for funding Police and Administration of Justice projects and activities geared towards investigation, including but not limited to: activities related to criminal activity, detection and arrest of criminal offenders, obtaining evidence for prosecution of criminal cases, filing of cases, return of fugitive felons from other jurisdictions, testimony in court cases, recovery of lost and stolen property, missing persons, general police activities responding to and addressing the effects of crime within the community, any other purposes geared to improve administration of the criminal justice system, as determined and approved by the City Council. SECTION 2. Investigation Funding -Contribution Required. In any case where an accused has been convicted, receives a conditional dismissal, or a deferred sentence of any of the below listed crimes, there shall be, in addition to any fine levied, a penalty in the amount of fifty dollars ($50.00), per charge, which penalty shall be non-suspendable and/or not-waiveable and which shall be deposited into the Investigation Funding line-item. The fact that this penalty is imposed on each charge shall not in any way reduce the obligation of the accused to pay any other cost, fine or penalty prescribed by the court. VIOLATIONS ENUMERATED IN THE MUNICIPAL CODE VIOLATION TITLE 7.04.1 00 Cruelty to Animals 9.12.050 False Reporting 9.14.020 Possession of Marijuana 9.14.050 9.16.010 Assault 4" Degree Unlawful Inhalation of Toxic Fumes CLASSIFICATION Misdemeanor Misdemeanor Misdemeanor Misdemeanor Gross misdemeanor Ordinance No. 1786 Page 2 of 3 9.16.010.DV 9.16.040 9.16.040 9.16.050 9.16.050.DV 9.16.070.DV 9.16.080.DV 9.18.070 9.18.070.DV 9.18.080 9.18.080.DV 9.20.020 9.20.070 9.24.020 9.26.040 9.26.060 9.26.070 9.28.030 9.28.030.DV 9.28.040 9.28.040.DV 9.28.060 9.28.060.DV 9.28.070.DV 9.28.090 9.28.090.DV 9.28.100.DV 9.36.030 Assault 4' Degree - Domestic Violence Reckless Endangerment Reckless Endangerment - Domestic Violence Harassment Harassment - Domestic Violence Coercion - Domestic Violence Stalking - Domestic Violence Violation of Criminal No Contact Order Viol of Crim NCO - Domestic Violence Violation of Civil ProVRestlAntihar Order Viol of Civil P/R/A Ord - Domestic Violence Prostitution Loitering Lewd Conduct Disorderly Conduct Minor Prohibited where Liquor is Served Minor BuylPossesslConsume Liquor Supply Liquor to Minors Criminal Trespass First Degree Crim Trespass First Degree - Domestic Violence Criminal Trespass Second Degree Crim Trespass Second Deg - Domestic Violence Malicious Mischief 3rd Degree Malicious Mischief 3d Deg - Domestic Violence Possession of Stolen Property Domestic Violence Theft Third Degree Theft Third Degree - Domestic Violence Vehicle Prowling - Domestic Violence Unlawful Use of Weapons VIOLATIONS ADOPTED BY REFERENCE 9A.36.070 Coercion 9A.46.110 Stalking 9A.88.110 Patronizing a Prostitute 9A.88.090 Permitting Prostitution 9A.88.030 Prostitution 9A.76.020 9A.76.040 Resisting Arrest 9A.76.130 Escape Third Degree 9A.56.170 Possession of Stolen Property 9A.52.100 Vehicle Prowling 9.41.230 AiminglDischarging Firearm 9.41.050 Unlawful Carrying Firearm 9.41.270 Unlawful Display of Weapon Obstructing a Law Enforcement Ofiicer Gross Misdemeanor Gross Misdemeanor Gross Misdemeanor Misdemeanor Misdemeanor Misdemeanor Misdemeanor Gross Misdemeanor Gross Misdemeanor Gross Misdemeanor Gross Misdemeanor Misdemeanor Misdemeanor Misdemeanor Misdemeanor Misdemeanor Misdemeanor Misdemeanor Gross Misdemeanor Misdemeanor Gross Misdemeanor Misdemeanor Misdemeanor Misdemeanor Gross Misdemeanor Gross Misdemeanor Misdemeanor Misdemeanor Gross Misdemeanor Gross Misdemeanor Misdemeanor Misdemeanor Misdemeanor Gross Misdemeanor Misdemeanor Gross Misdemeanor Gross Misdemeanor Gross Misdemeanor Gross Misdemeanor Misdemeanor Gross Misdemeanor .. e Model Traffic Ordinance (MTOl 46.20.342.1 Driving While License Revoked 1" Degree 46.20.342.2 Driving While License Revoked 2nd Degree 46.20.342.3 Driving While License Revoked 3d Degree 46.61 302 Driving Under the Influence 46.52.020 Hit and Run - AttendedlProperty Damage 46.52.010 Hit and Run -Unattended 46.61.525 Negligent Driving I' Degree 46.61.504 Actual Physical Control 46.61.500 Reckless Driving Ordinance No. 1786 Page 3 of 3 Gross Misdemeanor Misdemeanor Misdemeanor Gross Misdemeanor Gross Misdemeanor Misdemeanor Misdemeanor Gross Misdemeanor Gross Misdemeanor SECTION 3. Validity. The invalidity or unconstitutionality of any provision or section of this ordinance shall not render any other provision or section of this ordinance invalid or unconstitutional. PASSED by the City Council of the City of Port Orchard, signed by the Mayor and attested by the Clerk in authenticationof such passage this 13th day of December 1999. ATEST: - ESLIE J. ATHERILL,MAYOR APPROVEDAS TO FORM: SPONSORED BY: