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HomeMy WebLinkAboutOrdinance 08-008 Adopting Storm and Surface Water Utility • CITY OF SPOKANE VALLEY SPOKANE COUNTY,WASHINGTON ORDINANCE NO. 08-008 AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON ESTABLISHING SPOKANE VALLEY MUNICIPAL CODE SECTIONS 3.80.010 THROUGH 3.80.090 RELATING TO A STORM AND SURFACE WATER UTILITY; SECTION 3.30.220 ESTABLISHING A STORM AND SURFACE WATER UTILITY FUND; AND OTHER MATTERS RELATING THERETO WHEREAS, the City of Spokane Valley previously adopted Ordinance 03-031 establishing a storm and surface water utility; and WHEREAS, Ordinance 03-031 was later codified in Title 10 of the Spokane Valley Municipal Code as part of what was referred to as the development code, although it should have been placed in title 3 with other finance-related topics; and WHEREAS, in 2006 and 2007, the City drafted a new development code, the Uniform Development Code (UDC) to implement its Comprehensive Plan adopted in 2006, and intended to move items that were not specifically development related, such as the storm and surface water utility (the Utility)previously codified in Spokane Valley Municipal Code 10.10.10 through 10.10.110; and WHEREAS, the City of Spokane Valley adopted the UDC pursuant to Ordinance 07-015, on the 24th day of September, 2007; and WHEREAS,the UDC became effective on October 28, 2007; and WHEREAS, the City of Spokane Valley subsequently identified several instances wherein portions of the previously adopted development code were unintentionally not re-codified, including those provisions previously codified as SVMC 10.10.010 through 10.10.110; and WHEREAS, it would be more appropriate to move one provision relating to creation of a storm and surface water utility fund to SVMC 3.30; and WHEREAS, the absence of these code provisions from the Spokane Valley Municipal Code would be detrimental to the health, safety and welfare of the citizens of the City; and WHEREAS, the citizens of the City have continuously received the benefit of the Utility from January 1, 2008 to present. NOW THEREFORE, THE CITY COUNCIL SPECIFICALLY ORDAINS AS SET FORTH BELOW: Section One. Purpose. The purpose of this Ordinance is to establish code provisions for the creation and regulation of a storm and surface water utility, and creation of a storm and surface water utility fund in the City of Spokane Valley. Section Two. Creation of New Chapter Providing for Creation and Regulation of Storm and Surface Water Utility. The City of Spokane Valley adopts a new chapter to the Spokane Valley Municipal Code, 3.80 entitled"Storm and Surface Water Utility,"which is set forth as follows: Ordinance 08-008 Adopting Storm and Surface Water Utility Page 1 of 4 Section Three. 3.80.010—Stormwater Utility. The City of Spokane Valley hereby establishes a storm and surface water utility to provide for the development, maintenance and control of storm drainage and surface water within the City. The City reserves and elects to exercise all power and authority relating to the construction, acquisition, condemnation, maintenance and operation of the storm drainage and surface water systems, including the right to establish rates and charges for service. Section Four. 3.80.020 -Definitions. "Developed parcel" means any parcel of real property that has been altered from its natural state including clearing, grading or filling, whether or not that work accompanies excavation and construction. "Impervious surface" means a hard surface area, which either prevents or retards the entry of water into the soil mantle as under natural conditions prior to development, and/or a hard surface area which causes water to run off the surface in greater quantities or at an increased rate of flow different than the natural conditions prior to development. Common impervious surfaces include, but are not limited to, rooftops, walkways, patios, driveways, paved parking lots or storage areas, concrete or asphalt paving, gravel roads, packed earthen materials, and oiled surfaces which similarly impede the natural infiltration of stormwater. Open, uncovered retention/detention facilities shall not be considered as impervious surfaces. "Parcel" means any area of land within the City that is identified as a distinct property by the Spokane County assessor's office, whether or not the parcel is considered taxable. "Right-of-way" means a strip or parcel of land dedicated to the City 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. Section Five. 3.80.030 - Utility Charge. There is hereby imposed upon every developed parcel of property within the City, a storm and surface water utility annual charge. Utility charges shall be uniform for the same class of customers or service and facilities. The rates and charges provide a method to fund the storm and surface water utility and establish comprehensive management and administration. The storm and surface water utility annual charge imposed by the utility shall be established by the City Council by separate resolution. Except as otherwise provided in RCW 90.03.525 for the Washington State Department of Transportation, all public entities and public property shall be subject to rates and charges established by the City Council for stormwater control facilities to the same extent as private persons and private property, except as prohibited by law. The City Council, when setting rates for public entities and property, may consider stormwater services provided and maintained by the public entity and other related improvements, as well as donations of services and property to the City utility. Section Six. 3.80.040 - Entry of premises. Whenever necessary to make an inspection to enforce any of the provisions of this chapter, the Public Works director or designee may enter upon a parcel at reasonable times to inspect the same; provided, that if a building or parcel is occupied, identification and a request for entry shall be made. If a building or parcel is unoccupied, all reasonable efforts shall be made to contact the owner prior to entry. Section Seven. 3.80.050 - Exemptions. Each year, low-income seniors and disabled persons receiving relief under RCW 84.36.381 shall receive the following partial exemptions from surface water charges: A. All parcels for which a person qualifies for an exemption under RCW 84.36.381(5)(a)shall be exempt from 40 percent of the utility fees. B. All parcels for which a person qualifies for an exemption under RCW 84.36.381(5)(b)(i) shall be exempt from 60 percent of the utility fees. C. All parcels for which a person qualifies for an exemption under RCW 84.36.381(b)(ii) shall be exempt from 80 percent of the utility fees. Ordinance 08-008 Adopting Storm and Surface Water Utility Page 2 of 4 Section Eight. 3.80.060 - Billing, payment and collection. The Public Works director or designee shall prepare and certify a roll identifying the developed parcels and the related utility charge to be paid. The City may, through agreement with the Spokane County treasurer, arrange for the utility charge to be placed upon the property tax bills sent to the taxpayer of property within the City of Spokane Valley. All charges shall be due and payable in accordance with RCW 84.56.020. Thereafter, accounts shall be deemed delinquent and shall bear interest at a rate of one percent per month, or at such other rates as may be authorized by law, computed on a monthly basis from the date of delinquency until paid in full. - All charges(and interest)received shall be deposited into the stormwater utility fund. Section Nine. 3.80.070 - Lien for delinquent charges. In addition to any other remedies permitted by law, the City shall have a lien pursuant to Chapter 35.67 RCW, as currently enacted or hereafter amended, for all delinquent and unpaid storm and surface water rates and charges, including interest at the statutory rate, against the developed parcel which is subject to the charge. The lien may be foreclosed pursuant to Chapter 35.67 RCW. Section Ten. 3.80.080 - Administrative adjustments. The Public Works director or designee may authorize in writing to the county treasurer, a refund, credit or adjustment for any rate or charge when it is determined that an error, miscalculation or mistake has occurred. No refund, credit or service charge adjustment may be authorized unless brought to the attention of the Public Works director or designee within one year of the occurrence of the error, miscalculation or mistake. In any instance where refund or credit is authorized, accrued interest on the outstanding amount shall be waived. Section Eleven. 3.80.090 - Management cooperation. Recognizing the purpose and functions of the City stormwater utility and to promote intecjurisdictional cooperation, the public works director or designee may coordinate and jointly perform activities with Spokane County and other jurisdictions that promote the maintenance, operation and development of the City storm and surface water drainage utility. The public works director may adopt rules, policies and programs that relate to joint activities between the City and other jurisdictions including the review of development proposals that affect storm or surface water control. Section Twelve. 3.30.220—Creation of New Section In Chapter 3.30 Entitled Stormwater Utility Fund. There is hereby established a fund that is to be known as the stormwater utility fund, into which shall be deposited monies received by the City with expenditures authorized as are properly chargeable to the fund pursuant to this chapter. Monies in the fund shall be budgeted and appropriated for purposes consistent with the storm and surface water utility including, but not limited to, the planning, designing, acquiring, constructing and maintaining of stormwater control, conveyance and treatment facilities plus reasonably related administrative expenses. Section Thirteen. Severability. If any section, sentence, clause or phrases 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 or constitutionality'of any other section, clause or phrase of this Ordinance. Section Fourteen. Effective date. This Ordinance shall be in full force and effect five days after publication of this Ordinance or a summary thereof occurs in the official newspaper of the City as provided by law. Ordinance 08-008 Adopting Storm and Surface Water Utility Page 3 of 4 Passed by the City Council this 22""day of April, 2008. 'Neu.iip I .A.4d4.1., r 4 Li ayor, Richard Munson ATTES. : , City C er Christine Bainbridge Approved as to Form: Office of the City Attorney Date of Publication: 5'„7-_d2 Effective Date: S-9 —0A7 • Ordinance 08-008 Adopting Storm and Surface Water Utility Page 4 of 4