HomeMy WebLinkAboutO-2654 - Adds Sec. 14.07.075; amends Sec. 14.05.030 and Ch. 14.19, surface water utility (14.05, 14.07, 14.19)CITY OF MARYSVILLE
Marysville,Washington
ORDINANCE NO.dl...I.o51
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AN ORDINANCE OF THE CITY OF MARYSVILLE,WASHINGTON
AMENDING CHAPTERS 14.05, 14.07 and 14.19 OF THE MARYSVILLE'
MUNlClPAL CODE, RELATING TO POLICIES AND PROCEDURES FOR
THE CITY'S SURFACE WATER UTILITY.
WHEREAS, the City is authorized under RCW 35.92 to establish and maintain storm
and surfacewater management services and establish rates for those services.
WHEREAS, in 1999, the Marysville City Council adopted a surface water utility
ordinance that relied on Snohomish County's stormwater regulations and billing and
collection process; and
WHEREAS, the City has determined that it is no longer necessary and appropriate to
rely on the County for regulating and administering the City's surface water utility; and
WHEREAS, the City has proposed a number of amendments to Title 14 of the
Marysville Municipal Code, which will improve the efficiency of the regulation and
administration of the City's surface water utility; and
WHEREAS, pursuant to the amendments set forth in this ordinance, on January I, 2007
the City will begin billing and collecting surface water fees through the City's utility billing
system; and
WHEREAS; the Marysville City Council finds that applying the City's utilitypolicies
andprocedures to the surface water utility is fair,just and reasonable.
NOW,THEREFORE THE CITY COUNCIL OF THE CITY OF MARYSVILLE,
WASHINGTON DO ORDAIN AS FOLLOWS:
Section 1.Section 14.05.030 of the Marysville Municipal Code is hereby amended to
read as follows:
14.05.030 Utility bills -Delinquent Accounts -Liens.
Combined billing statements for the garbage, surface water,water and sewer utilities
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shall be sent to all customers on a regular and periodic basis to be determined by the Finance
Director. All bills shall be mailed to the address of the owner of the property being served by
the utilities, as the address appears in the records of the city utility department.Upon written
request of an owner,billing statements may be sent directly to the occupant of the property
being served;however,in such cases the owner shall remain ultimately liable for payment of
the bill, and the property shall remain subject to a lien for a delinquent account, as provided
below.
All payments on utility bills shall be applied first to the garbage account,second to the
surface water account, third to the sewer account, and fourth to the water account.In the event
that any fees or charges assessed for such services are not paid within date set forth on the
billing for such services,they shall be considered delinquent and shall automatically constitute
a lien against the property to which the services were rendered. Such a lien, for up to four
months of charges, shall encumber the property,and shall be the obligation of the owner of
the property, its heirs,successors and assigns, until the same is paid in full. The city may
enforce the lien by shutting off water,sewer and/or garbage services until all delinquent and
unpaid charges are paid in full;provided,that discontinuance of service shall be subject to the
provisions ofMMC 14.05.070.
Section 2.Chapter 14.07 of the Marysville Municipal Code is hereby amended by
adding a new section MMC 14.07.075 to read as follows:
14.07.075 Rate adjustments.
(1)Beginning in 2006, as part of the budget process,the rates and fees for water and sewer
may be adjusted annually by two percent (2%). Any such adjusted rates and fees shall become
effective January 1st of the new budget year.Beginning in 2007, as part of the budget process,
surface water fees may be adjusted annually by two percent (2%). Any such adjusted rates and
fees shall become effective January 1st of the new budget year.
(2)Proposed rate increases greater than the two percent (2%) will require a public hearing
process prior to adoption: All proposed rate adjustments will not be automatic but shall be
justified and shall be reviewed and approved by the city council.
Section 3:
read as follows:
Chapter 14.19 of the Marysville Municipal Code is hereby amended to
Chapter 14.19
Surface Water Utility
Sections:
14.19.005 Intent
14.19.010 Establishment of surface water utility
14.19.015 Combination of utilities
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14.19.020 Authority
14.19.025 Applicability
14.19.030 Definitions
14.19.040 Surface water utility fund
14.19.050 Surface water utility rates
14.19.060 Rate review and adjustment
14.19.070 Billing, Collection, and Penalties
14.19.080 Reductions and Appeals
14.19.090 Liability
14.19.005 Iutent.
It is the intent and purpose of this chapter:
(I)To establish a surface water utility for Marysville to be administered by the surface water
division of public works;
(2) To establish and define surface water utility rates;
(3) To provide a comprehensive approach to managing surface water in order to respect and
preserve the city's streams,lakes and other water bodies;protect water quality;control,
accommodate and discharge storm runoff;provide for groundwater recharge;control
sediment;stabilize erosion;establish monitoring capabilities; and rehabilitate stream and
drainage corridors for hydraulics,aesthetics, and fisheries benefits.
14.19.010 Establishment of surface water utility.
There is hereby established a surface water utility with jurisdiction over all property within the
city limits which is included within the Quilceda Creek and/or Allen Creek watersheds,as
defined by Snohomish County. The function ofthis utility is to finance, acquire,construct,
develop, improve,maintain,and operate public storm water control facilities for the purpose
of preventing and solving drainage problems and improving the quality of surface water.
14.19.015 .Combination of utilities.
Being fully informed and advised, the city council finds it to be in the public interest that the
surface water utility of the city be combined with the waterworks utility of the city.Pursuant
to RCW 35.67.010 and 35.67.331,the surface water utility ofthe city,created and established
by Ordinance No. 2245, is hereby combined with and made a part of the waterworks utility of
the city. (Ord. 2509 §1,2004).
14.19.020 Authority.
(1)Pursuant to RCW 35.92.020,the City of Marysville is authorized to provide storm and
surface water management services within its City limits for the benefit of the residents.
(2)Whenever necessary to examine the property characteristics of a particularparcel for the
determination of a surface water utility rate, the Director may enter any property or portion
thereof at reasonable times in compliance with the following procedures:
(a)If such property or portion thereof is occupied, the Director shall present
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identification credentials,state the reason for entry and request entry.
(b)If such property or portion thereof is unoccupied,the Director shall first make a
reasonable effort to locate the owner or other persons having charge or control of the property
or portion thereof, and request entry.
(c) Unless entry is consented to by the owner or person in control of any property or
portion thereof, the Director,prior to entry, shall obtain a search warrant as authorized by the
laws of the state of Washington.
14.19.025 Applicability.
The requirements of this chapter shall apply to all properties located within the City of
Marysville city limits.
14.19.030 Definitions.
The following words, when used herein, shall have the following meanings unless the context
clearly indicates otherwise:
(a) City and County Right-of-way
Any strip or parcel ofland dedicated to the City or County for public uses including street,
mass transit, bicycle and pedestrian uses as well as emergency access, utility, drainage,
vegetation management,view corridor or other necessary public uses on a portion of which a
street is built.
(b)Director
The Director of the Marysville Department of Public Works or his or her designee.
(c)Equivalent Residential Unit (ERU)
An ERU shall mean a unit of measurement in the amount of 3,200 square feet of impervious
area on a parcel, which is estimated to contribute an amount of runoff to the City's storm
water drainage system, which is approximately equal to the runoff created by an average
single-family residential unit, and which is used to calculate the surface water utility fee
established in this chapter.
(d)Impervious surfaces
A hard surface area that..prevents or retards the entry of water into the soil mantle as under
natural conditions prior to development and as a result causes water to run off the surface in
greater quantities or at an increased rate of flow from the flow present under natural
conditions prior to development.Common impervious surfaces include,but are not limited
to, rooftops, walkways, patios, driveways,parking lots or storage areas,concrete or asphalt
paving, gravel roads,packed earthen materials and oiled,macadam or other surfaces which
similarly impede the natural infiltration of storm water. Open,uncovered surface water
management facilities shall not be considered as impervious surfaces.
(e) Low Impact Development
A surface water management strategy that emphasizes conservation and the use of existing
natural site features integrated with distributed small-scale surface water controls to more
closely mimic natural hydrologic patterns in residential,commercial and industrial settings.
(f)Non-residential
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All parcels which are not included within the residential category,including,but not limited
to,commercial,multi-family,condominiums and duplexes.
(g) Parcel
Any area ofland within the City of Marysville that is deemed a distinct property as identified
by the Snohomish County Assessor's Office,whether or not the parcel is considered taxable.
(h)Rainwater harvesting system
A system for storing,collecting,and reusing rainwater from a rooftop,installed at a
commercial-use building,that has been designed and constructed in accordance with the
Washington State Building Code Council's Permissive Rainwater Harvesting System
Guidelines for Nonresidential Occupancies (2002 or as amended),has a storage volume of
at least ten percent of the mean annual runoff volume generated from the contributing roof
area, and for which design and construction has been approved by the Director.
(i)Residential
A single-family residential parcel which has been developed and constructed to contain one
dwelling unit and continues to be used solely for such purpose.
(j)State highway right-of-way
The right-of-way of a state limited-access highway inside or outside a cityor town.
(k)Surface water management facility
Any facility,improvement,development, property or interest therein,made,constructed or
acquired for the purpose of controlling or protecting life or property from,storm,waste, flood
or surplus waters, or for the purpose of protecting water quality. Such facilities shall include,
but not be limited to, the improvements and authority described in Chapter 35.92 RCW.
(I) Surface water management services
The services provided by the department of public works to plan,design,establish,acquire,
develop,construct,maintain and improve surface water management facilities within City
limits for the benefit of the residents.
(m)Surface water utility rate
The dollar amount charged per parcel, as set forth in this chapter, based upon the amount of
impervious surface coverage for the accommodation of storm and surface water runoff and
other surface water management services.
14.19.040 Surface water utility fund.
All service charges collected by the city shall be deposited in the surface water utility fund, as
established in Chapter 3.20 MMC. (Ord. 2245 § 6, 1999).
14.19.050 Surface water utility rates.
.Surface water utility rates shall be based on a commonly accepted rate unit for surface water
utilities; the equivalent residential unit (ERU). The ERU is used to relate a base rate fee
charged to a single-family residential parcel to that which is charged to a non-residential
parcel. The ERU is determined by using the current best available method,which may
include analyzing digital photographs,utilizing satellite imagery,performing field checks for
verification purposes of a representative sample of single-family residences within the city
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limits and/or utilizing civil design and construction plans or record drawings.Using this
methodology,the Director shall determine the amount of impervious area on each non-
residential parcel.The City's standard ERU amount is 3,200 square feet of impervious
surface area. The specific ERU calculation for each parcel will be rounded to the nearest one
hundredth,will be established for each such parcel as the impervious surface information
becomes available for such parcel,and will be calculated in accordance with the following
table:
Customer Class Rate Calculation 2007 Monthly
(1 ERU =3,200 fF)Rate
Residential lERU $8.00
Non-Residential (fF imoervious surface)
$8.00(1 ERU)
14.19.060 Rate review and adjustment.
Surface water utility rates will be reviewed and adjusted pursuant to MMC 14.07.075.
14.19.070 Billing,collection and penalties.
Surface water utility rates for each parcel will be collected pursuant to Ch. 14.05 MMC.
14.19.080 Reductions and appeals
(1)Reductions
Any surface water utility customer making a timely payment of the City's total utilities bill
may apply to the Department of Public Works Surface Water Division for a reduction in their
rate. All reductions are applicable from the date the City approves the reduction and are not
retroactive.Reductions shall only be allowed pursuant to the criteria set forth below in
subsections (1)(a) - (e). The Director shall make a written decision on a written request for a
reduction within 30 days after receipt of the information,except when additional information
is needed in which case the decision shall be made within 90 days after receipt of the request.
The applicant shall be notified in writing of the Director's decision.The burden of proof is on
the customer to provide the appropriate documentation to request the utility reduction.If at
anytime, the reduction may not be applicable,the reduction may be reevaluated and removed
by the Director.
(a)Senior Citizen low-income and/or disabled low-income.Senior Citizen low-
income and/or disabled low-income customers may receive a rate reduction pursuant to Ch.
3.63MMC.
(b)Public education institutions.Publicly funded primary and secondary educational
institutions that educate and inform their students about the importance of our surface and
ground water resources may be eligible for a reduction in their storm and surface water utility
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rates in an amount of up to 100%.The goal is to reach all students within a school with this
information at least once during their time at anyone school.The rationale behind this credit
is that the information provided by the school will translate into appreciation and stewardship
of water resources and thereby reduce negative impacts on local streams,ponds and lakes that
can result from uniformed citizens.The curriculum requirements shall be set forth in a
contract provided by the education institution and shall include,at a minimum,information on
the cause and effects of storm water pollution.The educational institution is responsible for
providing all documentation that demonstrates the environmental education curriculum taught
is above and beyond state requirements.In order to qualify for the reduction,the educational
institution must submit a curriculum plan to the City Council,which shall determine the
amount of the reduction based on the scope,cost, and anticipated effectiveness of the plan.
The reduction will be applicable for five years but may be extended by the City Council based
on submittal of an updated curriculum plan and documentation of the effectiveness of the
preceding plan.
(c) Low Impact Development.Properties using low impact development techniques as
recommended in the Marysville Municipal Code may be eligible for a reduction in their
surface water utility rate, as authorized pursuant to said Code provisions.
(d)State highway.State highways shall be eligible for a reduction in the surface water
utility rate pursuant to RCW 90.03.525.
(e)Rainwater Harvesting System.Pursuant to RCW 35.92.020 (3), the surface water
utility rate shall be reduced by a minimum often percent for any new or remodeled
commercial building that utilizes a permissive rainwater harvesting system.Rainwater
harvesting systems shall be properly sized to utilize the available roof surface of the building.
The Director shall consider rate reductions in excess of ten percent dependent upon the
amount of rainwater harvested divided by the mean armual runoff volume generated by the
total impervious surface area at the parcel.
(2)Appeals
Any surface water utility customer making a timely payment of the city's total utilities bill
who considers the city's surface water utility rate charge applied to their parcel to be
inaccurate or who otherwise disagrees with the utility rate determination,may request an
appeals form and apply to the Director for a rate adjustment.The appeal shall be filed with
the Director no later than 20 days after initial billing.The burden of proof shall be on the
applicant to show that any adjustment in their surface water rate should be granted.The
Director will review the case file and determine whether an adjustment to the charge is
necessary to provide for reasonable and accurate application of the utility fees.The Director
shall make a written decision on a request for rate adjustment within 30 days after receipt of
the information,except when additional information is needed in which case the decision shall
be made within 90 days after receipt of the request.The applicant shall be notified in writing
of the Director's decision.
14.19.090 Liability.
Administration of this chapter shall not be construed to create the basis for any liability on the
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part of the city, its appointed and elected officials and employees while working within the
scope of their duties for any action or inaction thereof authorized or done in connection with
the implementation of this chapter.
Section 4.Effective Date. This ordinance and the rate schedules provided herein shall
be effective January 1, 2007.
Section 5:Severability.If any section, subsection,sentence,clause, phrase or word
of this ordinance should be held to be invalid or unconstitutional by a court of competent
jurisdiction,such invalidity or unconstitutionality thereof shall not affect the validity or
constitutionality of any other section, subsection, sentence, clause,phrase or word of this
ordinance.
PASSED by the City Council and APPROVED by the Mayor thisl.l.{~day
of 'rvJ..y ,2006.
CITY OF MARYSVILLE
By~£;4;;
Dennis L.Kendall,Mayor
ATTEST:
Approved as to form:
BY~C~
GRANT K.WEED, City Attorney
Date of Publication:0'0102.10(0I}
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