Ordinance 03-031 Establishes Storm Drainage & Surface Water Management Utility I
CITY OF SPOKANE VALLEY
SPOKANE COUNTY, WASHINGTON
ORDINANCE NO. 31.
AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, WASHINGTON,
ESTABLISHING A STORM DRAINAGE AND SURFACE WATER
MANAGEMENT UTILITY AND PROVIDING FOR OTHER MATTERS
PROPERLY RELATED THERETO.
WHEREAS, prior to the incorporation of the City of Spokane Valley, Spokane County
established a stormwater utility pursuant to RCW Chapter 36.89 through Resolutions 92-0253
and 93-0155;
WHEREAS, the County stormwater utility protects the public health and safety by
providing for the development, maintenance and operation of stormwater facilities to collect
storm and surface water from improvements within the drainage basins;
WHEREAS, the County also through the stormwater utility identified stormwater
facilities within the public right of way, provided information to the Department of Ecology,
responded to complaints for flooding, designed and constructed stormwater control facilities, and
performed enforcement activities;
WHEREAS, the City is desirous of continuing the program established by Spokane
County including maintaining rates and fees in the same amount as those established by the
County; and
WHEREAS, State law authorizes the City of Spokane Valley to operate a stormwater
utility for the purpose of collecting and controlling the flow of storm or surface water within and
through the City.
NOW, THEREFORE, the City Council of the City of Spokane Valley, Washington, do
ordain as follows:
Section 1. 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 2. Purpose. The Storm and Surface Water Utility is created to promote and
protect the public health, safety and welfare by establishing a comprehensive approach to storm
and surface water management recognizing that the utility will provide benefits to the real
property located within the City. Further, the Utility will assist in protecting the Spokane Valley
natural environment by reducing the likelihood of flooding and erosion by controlling the
discharge of storm and surface water into the ground.
Section 3. Definitions.
A. "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
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excavation and construction.
B. "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, roof tops, 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 storm water. Open, uncovered
retention/detention facilities shall not be considered as impervious surfaces.
C. "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.
D. "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 4. Utility Charge. There is hereby imposed upon every developed parcel of
property within the City a storm and surface water utility charge of$10.00 annually per 3,160
square feet of impervious surface. Utility changes shall be uniform for the same class of
customers or service and facilities. The City hereby incorporates by reference as if fully set forth
herein the rates and charges adopted by Spokane County through Resolution 93-155. The rates
and charges provide a method to fund the storm and surface water utility and establish
comprehensive management and administration. The City Council may by Resolution modify
the rates and charges imposed by the Utility.
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. 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 5. 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
ordinance. 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 6. Entry of Premises. Whenever necessary to make an inspection to enforce
any of the provisions of this ordinance the City's designee may enter upon a parcel at reasonable
times to inspect the same provided that if a building or parcel be 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 or occupant prior to entry.
Section 7. Exemptions. 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
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84.36.381(5)(a) shall be exempt from 40 percent of the utility fee.
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(5)(b)(ii) shall be exempt from 80 percent of the utility fees.
Section 8. Billing. Payment and Collection. The Finance 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 Assessor arrange for the utility
charge to be placed upon the property tax bills sent to the owners of property within the City of
Spokane Valley. All charges shall be due and payable on the date that the first property tax
installment is due and payable to Spokane County. Thereafter, accounts shall be deemed
delinquent and shall bear interest at a rate of 8 percent per annum, 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 filed.
Section 9. Lien for Delinquent Charges. In addition to any other remedies permitted
by law, the City shall have a lien pursuant to RCW Chapter 35.67, as currently enacted or
hereafter amended, for all delinquent and unpaid storm and surface water rates and charges,
including interest, against the developed parcel which is subject to the charge. The lien may be
foreclosed pursuant to RCW 35.67.
Section 10. Administrative Adjustments. The City Manager or designee may
authorize in writing 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 City Manager or designee
within one year of the occurrence of the error, miscalculation or mistake. In any instance where
refund or credit is authorized, interest on the outstanding amount shall be waived.
Section 11. Management Cooperation. Recognizing the purpose and functions of the
City Stormwater Utility and to promote interjurisdictional 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 12. Severability. 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 or constitutionality of any other
section, sentence, clause or phrase of this Ordinance.
Section 13. Effective Date. This Ordinance shall be in full force and effect on the
official date of incorporation provided 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 ,,9 day of January, 2003.
Mayor, Michael erring
ATT
Interim City Clerk, Ruth Muller
Approved As To Form:
■1414
teri.. City .47► ey, St ey M. Schwartz
Dat of Publica� on: Aj'•v:A.L, 2 T, Zoe.3
Effective Date: ni ti e% 2/ je
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