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Home My WebLink AboutO-1193 - Adds Sec. 14.04.062; amends Sec. 14.04.155 and 14.14.060, water and sewer service; repeals Sec. 14.04.158 (Repealed by 1434).~) I'· ,.' CIT Y 0 F MAR Y S v t L L E Marysville,Washington ORDINANCEKO.II '1-3 AN'ORDINANCE OF THE CITY OF MARYSVILLE ADDING A ~EW SECTION TO CHAPTER 14.04 OF THE MARYSVILLE MUNICIPAL CODE REQUIRING SIMULTANEOUS CONNECTIONS TO WATER AND SEWER UTILITIES,AMENDING SE~=TIONSl4.04.l5SAND;14.14.06.0 AND REPEALING SECTION 14.04.158. THE CITY COU~CIL 6F THE CITY OF MARYSVILLE,WASHINGTOK, DO ORDAIN AS FOLLOWS: Section 1.A new Section 14.04.062 is hereby added to the Marysville Municipal Code providing as follows: Simultaneous connection to water and sewer utilities required. (a)The City shall not permit any new connec- tions for water or sewer utility service to any property unless application is made,and approved, for simul taneous 'connection of both said utili t y services.If there is more than one o~cupancy on a single lot,no new connections will be allowed until all occupancies have both water and sewer .service.These requirements shall apply both within and outside the City Limits. (b)The City Council shall have the authority to grant a variance from the requirements of sub- section (a)above.Application for such a variance shall be filed,in writing,with the City Clerk together with a filing fee of $50.00.The applicant shall be given ten days notice of the date on which the City Council shall consider the variance.The City Council is authorized tb issue variances that allow connections to one utility service without the other only if it is found that the unwanted utility service is more than 200 feet from the subject nroperty and that it would cause a prac~i~ cal difficulty to requ ire the extens ion of said ut il- ity by reason of circumstances which are unique to the applicant's property and not generally shared by other properties in the vicinity.No variance shall be granted which would be detrimental to the public health,welfare or environment,or which would be inconsistent with the long-range plans of .ORDINANCE - 1 the Marysville Utility System.Conditions may be imposed upon the granting of a variance to ensure the protection of the'public health, 'welfare and environment,and in the interest of justice.Each variance shall be considered,on a case-by-case basis,and shall not be constiued as setting pre~edent for ani subsequent applica- tion ..The decision of the City Council on the variance application shall be final,subject to appeal to the Snohcimish County Superior Court within a twenty-day period.thereafter.. Section 2.Section 14.04.155 of the Marysville Municipal Code is hereby amended to p~ovide as fdllows: Sewer connections re4uired. (a)The owner of any property within the City Limits which is not connected to City Water Service or City Sewer Service,or hath,shall be required to extend any utility line which is within 200 feet of the property,and to connect to th~ same faY all occupied structures on the property under any of the following circumstances: 1.Upon construction of a new building or structure which 'is designed for occupancy; or "'. 2.Upon construction of any additions, alterations or repairs within any twelve- month period which exceed fifty percent of the value of an existing building or struc- ture which is designed for occupahcy;or 3.Upon any change in the occupancy classification of'an existing building or -s t ruc t ur e on the property;or 4.Upon the failure of the on-site sewage disposal system on the pr6perty. (b)The owner of any property outside of the City Limits,but within the Utility Service Area, whi'ch is connecteclto City water service shall be required to extend the public sanitary sewer and connect to the same for all occupied structures on the property only if said property is within ORDINANCE -2. '~' ,,',.. ,.... 200 feet of the existing public sanitary sewer and only under the following circumstances: 1.Upop construction of a new building or structure which is designed for occupancy;or 2 ..Upon constru~tion of any addi- tions,alterations oi repairs within any twelve-month period which exceed fifty·pe~cent of the value of an exist- ing building or strutture which is ,designed for riccupancy;or 3 ..Upon any change in the occupancy classification of an existing building ot structure on the property;or 4.Upon the failure of the on-site sewage disposal system on the property. (c), The City CGuncil shall have authority to grant variances from the requirements of subsections (a)and (b)above.Applications for such variances shall be filed,in writing,with the City Clerk,together with a filing fee of $50.00.The applicant shall be given ten days notice of the date 'on which the City Council shall consider the variance.The City Council is authorized to issue such variances only if it is found that it would cause a practical difficulty to require the extension or connection of the utility service by 'reas'on of circumstances wh i ch are unique to the appli- .cant's property and nbt generally shared by other prop- erties in the vicinity.No variance shall be granted ,-which would be detriment~l to the public health,wel- .fire or enyironmerit,0+which would be inconsistent ",'with th~long-range plans of the Marysville Utiliiy System.Conditions may be imposed upon the ~ranting of a va r i an ce, t o.en sur e the pro t ect ion 0 f the pub I i c health,weifare'and environment,and in the interest of justice.Each variance shall be considered on a case-by-case ba~is,and shall not be construed as set- tingprecedcint'for iny subsequent application.The decision of the City Council on the variance applica- tion shall be final,subject to appeal to the Snohomish County Superior Court within a twenty-day period there- after.. ORDINANCE - 3 ,,. Section 3.Section 14.04.158 of the Marysville Municipal Code is hereby REPEALED. S~ction 4.Section 14.14.060 of the Marysville Municip~l Code is hereby amended to provide as follows:' Sewer extensions;Bill of Sale;Warranties. (a)Whenever a property owner desires to connect to.the public s an i tary sewer,-sa i d property owner shall be r~quired to extend the sewet for the full frontage of .the lot on which the structure to be connected is located. If it can be shown that "no future extensions beyond said lot will occur,a waiver may be obtained from the Public Works Director,and the applicant 'need only extend the sewe~to the.nearest point of conriection on the lot. Cb)All extension~of the public sanitary sewer line shall b~conveyed to the City by bill'of sale and shall be accompanied by a warrarity of the grantor that the sewer line is .free of debt and was constructed in accordance with City standaYds and ~pecifications.The grantor ~hall further warrant the labor and materials used in the constrpction of.·said line for a period of one year from the date of the conveyan~e to the City and shall indemnify and hold the City harmless from any damages arising from defective materials or workmanship. If the sewer line crosses private property,the grantor shall convey t6 the City a ten-foot-wide easement for reconstructing,repairing,maintaining,'altering,chang- in~,controlling and operating the.sewer line~ this 1t PASSED by the Ci ty Council ·and.APPROVED by the Mayor2"-d~y o~Mo..y . '1'981. THE CITY OF MARYSVILLE ... Attest: By ·~~elJ;t;.;· ..Clty(~~ Approved as to form: ..~"f}"..1'/By ~p1]" .1:Attorney~ ORDINANCE -4