Ordinance 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:
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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.
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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.
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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
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