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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