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Title 12
PUBLIC UTILITIES1Chapters:
12.05 Water and Sewer Systems
12.10 Surface and Storm Water Management
12.15 Solid Waste Disposal System
12.20 Water Utility
12.25 Sanitary Sewer Utility
12.30 Surface Water Utility
12.35 Latecomers’ Agreements
12.40 Flood Damage Prevention
Chapter 12.05
WATER AND SEWER SYSTEMSSections:
12.05.010 Side sewer work and connections.
12.05.020 Design, installation and repair of disposal systems.
12.05.030 Sewerage cleaning and removal.
12.05.040 Sewer and water comprehensive plans.
12.05.010 Side sewer work and connections.
The following sections of Chapter 13.04 King County Code as now in effect, and as may be subsequently amended, are hereby adopted by reference, except that references to King County shall refer to the City and that references to the King County Director of Public Health shall refer to that officer and also to the City Manager, or designee, and except that where conflict exists between the provisions of this chapter and resolutions of the water districts and sewer districts, the latter shall govern within the territory of such districts, and except that references to the King County Board of Appeals shall refer to the SeaTac Hearing Examiner:
13.04.010 Definitions.
13.04.020 Connection with public sewer required.
13.04.030 County may connect and assess cost.
13.04.040 Opening public sewer.
13.04.050 Side sewers in public road – Bond required.
13.04.060 Restoration of public roads.
13.04.070 Traffic control at sewer excavations.
13.04.080 Opening public sewer – Permit required.
13.04.090 Side sewer permit – How obtained.
13.04.100 Fees for permits.
13.04.110 Charges for service.
13.04.130 Lien for delinquent charges.
13.04.140 Sewer connection charges.
13.04.150 Inspection of side sewers.
13.04.160 Work without permit to be stopped.
13.04.170 Permit fee when sewer district has agreement with county.
13.04.180 Side sewers – Requirements, materials and workmanship.
13.04.190 Use of public sewers.
13.04.200 Protection for damage.
13.04.210 Powers and authority of inspectors.
13.04.220 Repair of broken or obstructed side sewers.
13.04.230 Planting of certain trees and shrubbery prohibited – Removal of obstructions in sewers.
13.04.240 Pumps and pressure lines.
13.04.250 Developer extensions of the public sewer.
13.04.260 Rules and regulations.
13.04.270 Collection of costs.
13.04.280 Constitutionality.
13.04.290 Enforcement.
(Ord. 95-1012 § 1: Ord. 90-1049 § 1)
12.05.020 Design, installation and repair of disposal systems.
The following sections of Chapter 13.08 King County Code as now in effect, and as may be subsequently amended, are hereby adopted by reference, except that references to King County shall refer to the City and that references to the King County Director of Public Health shall refer to that officer and also to the City Manager, or designee, and except that where conflict exists between the provisions of this chapter and resolutions of the water districts and sewer districts, the latter shall govern within the territory of such districts, and except that references to the King County Board of Appeals shall refer to the SeaTac Hearing Examiner:
13.08.010 Definitions.
13.08.020 Chapter not retroactive.
13.08.030 Designer’s certificate.
13.08.040 Installer’s certificate.
13.08.050 Permits.
13.08.055 Mobile home and recreational vehicle park inspection fee.
13.08.060 Where private sewage disposal system required.
13.08.070 Location of systems.
13.08.080 Design of systems.
13.08.090 Installation and alteration.
13.08.100 Inspection.
13.08.110 Approval or disapproval of system – Notice.
13.08.120 Maintenance of system.
13.08.140 Enforcement.
(Ord. 95-1012 § 1: Ord. 90-1049 § 2)
12.05.030 Sewerage cleaning and removal.
The following sections of Chapter 13.12 King County Code as now in effect, and as may be subsequently amended, are hereby adopted by reference, except that references to King County shall refer to the City and that references to the King County Director of Public Health shall refer to that officer and also to the City Manager, or designee, and except that where conflict exists between the provisions of this chapter and resolutions of the water districts and sewer districts, the latter shall govern within the territory of such districts, and except that references to the King County Board of Appeals shall refer to the SeaTac Hearing Examiner:
13.12.010 Certificate required for cleaning disposal units.
13.12.020 Application for registration and inspection certificate.
13.12.030 Examination of applicant – Inspection of disposal site – Time limit for acting on application – Registration and inspection fee – Painting registration number on vehicles.
13.12.040 Approval required for alternate disposal sites.
13.12.050 Maintenance of disposal sites.
13.12.060 Enforcement.
(Ord. 95-1012 § 1: Ord. 90-1049 § 3)
12.05.040 Sewer and water comprehensive plans.
The following sections of Chapter 13.24 King County Code as now in effect, and as may be subsequently amended, are hereby adopted by reference, except that references to King County shall refer to the City and that references to the King County Director of Public Health shall refer to that officer and also to the City Manager, or designee, and except that where conflict exists between the provisions of this chapter and resolutions of the water districts and sewer districts, the latter shall govern within the territory of such districts, and except that references to the King County Board of Appeals shall refer to the SeaTac Hearing Examiner:
13.24.010 District comprehensive plans.
13.24.020 Approving engineer.
13.24.030 Comprehensive plans – Water purveyors.
13.24.040 Comprehensive plans – Sewer districts.
13.24.050 Comprehensive plans – Modification of requirements.
13.24.060 Comprehensive plans – Approval requirements.
13.24.070 Comprehensive plans – Environmental review.
13.24.110 Approval of certain sewer and water district comprehensive plans.
(Ord. 95-1012 § 1: Ord. 90-1049 § 4)
Chapter 12.10
SURFACE AND STORM WATER MANAGEMENTSections:
12.10.010 King County Surface Water Design Manual adopted by reference.
12.10.020 Copy on file.
12.10.030 Repealed.
12.10.040 Repealed.
12.10.050 Repealed.
12.10.060 Repealed.
12.10.070 Repealed.
12.10.080 Critical drainage areas.
12.10.090 Repealed.
12.10.100 Procedures and conditions related to construction timing and final approval.
12.10.110 Bonds and liability insurance required.
12.10.120 Drainage facilities restoration and site stabilization bond.
12.10.130 Defect and maintenance bond.
12.10.140 Failure to complete proposed work.
12.10.150 Liability policy.
12.10.160 Maintenance of retention/detention facilities.
12.10.165 Contracts for cleaning.
12.10.170 Construction site hazards.
12.10.180 Administration.
12.10.190 Applicability to governmental entities.
12.10.200 Enforcement.
12.10.210 Appointment of surface water management authority.
12.10.215 Appointment of King County as collecting and disbursing agent.
12.10.220 Surface water management program.
12.10.225 Rate structure.
12.10.227 Rate adjustments and appeals.
12.10.230 Delinquencies and foreclosures.
12.10.240 Additional use of revenues.
12.10.010 King County Surface Water Design Manual adopted by reference.
The 1998 Edition of the King County Surface Water Design Manual as adopted by the King County Department of Natural Resources as now in effect and as may be subsequently amended is hereby adopted by reference, except that reference to King County shall mean the City and references to the Department of Development and Environmental Services shall mean the Department of Public Works. (Ord. 98-1054 § 1: Ord. 90-1046 § 1)
12.10.020 Copy on file.
At least one (1) copy of the adopted edition of the King County Surface Water Design Manual shall be on file in the office of the City Clerk. (Ord. 98-1054 § 2: Ord. 95-1012 § 1: Ord. 90-1046 § 2)
12.10.030 Drainage review – When required.
Repealed by Ord. 98-1054. (Ord. 97-1011 § 2: Ord. 95-1012 § 1: Ord. 90-1046 § 3)
12.10.040 Engineering plan – Contents.
Repealed by Ord. 98-1054. (Ord. 90-1046 § 4)
12.10.050 Drainage review – Core requirements.
Repealed by Ord. 98-1054. (Ord. 90-1046 § 5A)
12.10.060 Special requirements.
Repealed by Ord. 98-1054. (Ord. 95-1012 § 1: Ord. 90-1046 § 5B)
12.10.070 Variances from requirements.
Repealed by Ord. 98-1054. (Ord. 90-1046 § 5C)
12.10.080 Critical drainage areas.
Development in areas where the Public Works Director has determined that the existing flooding, drainage, and/or erosion conditions present an imminent likelihood of harm to the welfare and safety of the surrounding community shall meet special drainage requirements set by the City Manager, or designee, until such time as the community hazard is alleviated. Such conditions may include the limitation of the volume of discharge from the subject property to predevelopment levels, preservation of wetlands or other natural drainage features, or other controls necessary to protect against community hazard. Where application of the provisions of this section will deny all reasonable uses of the property, the restriction of development contained in this section may be proposed for a variance; provided, that the resulting development shall be subject to all of the remaining terms and conditions of this chapter. (Ord. 95-1012 § 1: Ord. 90-1046 § 6)
12.10.090 Engineering plans – Procedures for submittal.
Repealed by Ord. 98-1054. (Ord. 90-1046 § 7)
12.10.100 Procedures and conditions related to construction timing and final approval.
A. No work related to permanent or temporary storm drainage control shall proceed without the approval of the City Manager, or designee.
B. Erosion/sedimentation control measures associated with both the interim and permanent drainage facilities shall be:
1. Constructed in accordance with the approved plan prior to any grading or land clearing other than that associated with the erosion/sedimentation control plan;
2. Satisfactorily maintained until all improvements, restoration, landscaping and other requirements of the Surface Water Design Manual are completed and the potential for on-site erosion has passed.
C. Prior to the construction of any improvements and/or buildings on the site, those portions of the drainage facilities necessary to accommodate the control of surface and storm water runoff discharge from the site must be constructed and be in operation.
D. Subdivisions only: Recording may occur prior to the construction of drainage facilities when approved in writing by the City Manager, or designee, but only to minimize impacts that may result from construction during inappropriate times of the year. (Ord. 00-1015 § 1: Ord. 95-1012 § 1: Ord. 90-1046 § 8)
12.10.110 Bonds and liability insurance required.
The City Manager, or designee, is authorized to require all persons constructing retention/detention facilities and other drainage facilities to post bonds. Where such persons have previously posted, or are required to post, other bonds covering either the facility itself or other construction related to the facility, such person may, with the permission of the Public Works Director and to the extent allowable by law, combine all such bonds into a single bond; provided, that at no time shall the amount thus bonded be less than the total amount which would have been required in the form of separate bonds; and provided further, that such bond shall on its face clearly delineate those separate bonds which it is intended to replace. (Ord. 95-1012 § 1: Ord. 90-1046 § 9 (intro.))
12.10.120 Drainage facilities restoration and site stabilization bond.
Prior to commencing construction, the person required to construct the drainage facility pursuant to the Surface Water Design Manual shall post a drainage facilities restoration and site stabilization bond in an amount sufficient to cover the cost of corrective work on or off the site which is necessary to provide adequate drainage, stabilize and restore disturbed areas, and remove sources of hazard associated with work which has been performed and is not completed. After determination by the City Manager, or designee, that all facilities are constructed in compliance with approved plans, the drainage facilities restoration and site stabilization bond shall be released. The City may collect against the drainage facilities restoration and site stabilization bond when work is not completed in reasonable fashion and is found to be in violation of the conditions of the Surface Water Design Manual. The City Manager, or designee, shall have discretion to determine whether the site is in violation of the requirements of this chapter, and whether the bond shall be collected to remedy the violation. Prior to final approval and release of the drainage facilities restoration and site stabilization bond, the City Manager, or designee, shall conduct a comprehensive inspection for the purpose of observing that the retention/detention facilities and other drainage facilities have been constructed according to plan, applicable specifications and standards. (Ord. 00-1015 § 2: Ord. 95-1012 § 1: Ord. 90-1046 § 9A)
12.10.130 Defect and maintenance bond.
After satisfactory completion of the drainage facility or final plat approval, whichever occurs last, the person required to construction the facility pursuant to this chapter shall post a defect and maintenance bond warranting the satisfactory performance and maintenance of the drainage facility and guaranteeing the workmanship and materials used in the construction of the facility for a period of two (2) years. For subdivision retention/detention facilities over which the City may assume maintenance, pursuant to SMC 12.10.160, the defect and maintenance bond shall be posted for a period of two (2) years or until the City assumes maintenance, whichever is longer. The Public Works Director shall not release the defect and maintenance bond until all inspection fees are paid. (Ord. 90-1046 § 9B)
12.10.140 Failure to complete proposed work.
In the event of failure to comply with all conditions and terms of the permit and/or approval required by this chapter, the City Manager, or designee, shall notify the permittee and surety in writing, and in the absence of an adequate response within seven (7) days from receipt of notification, may order the required work to be satisfactorily completed or may perform all necessary corrective work to stabilize and restore disturbed areas and eliminate hazards caused by the non-completion of work. The surety executing such bond shall continue to be firmly bound up to the limits of the bond, under a continuing obligation for the payment of all necessary costs and expenses that may be incurred or expended by the City in causing any and all such required work to be done. In no event shall the liability of the surety exceed the amount stated in the bond regardless of the number of years the bond remains in force. (Ord. 95-1012 § 1: Ord. 90-1046 § 9C)
12.10.150 Liability policy.
The person required to construct the facility pursuant to the Surface Water Design Manual shall maintain a liability insurance policy in an amount not less than five hundred thousand dollars ($500,000) per individual, five hundred thousand dollars ($500,000) per occurrence and one hundred thousand dollars ($100,000) property damage, which shall name the City as an additional insured, and which shall protect the City from any liability up to those amounts for any accident, negligence, failure of the facility, or any other liability whatsoever, relating to the construction or maintenance of the facility. Proof of said liability policy shall be provided to the Public Works Director prior to commencing construction of any drainage facility, provided that in the case of facilities assumed by the City for maintenance, pursuant to SMC 12.10.160, the said liability policy shall be terminated when the City actually assumes maintenance responsibility. (Ord. 00-1015 § 3: Ord. 90-1046 § 9D)
12.10.160 Maintenance of retention/detention facilities.
A drainage facility or retention/detention facility located within and servicing only an individual parcel shall not be accepted by the City for maintenance and will remain the responsibility of persons holding title to the property within which the facility is located.
Maintenance of all subdivision drainage facilities or retention/detention facilities shall remain the responsibility of the person required to construct the facilities until all conditions of this section have been met.
Only after all of the following conditions have been met shall the City assume maintenance of the subdivision retention/detention facility:
A. All of the requirements of SMC 12.10.110 through 12.10.150 have been fully met.
B. All necessary easements or tracts entitling the City to ingress and egress and to properly maintain the retention/detention facility have been conveyed to the City and boundary survey stakes established.
C. The Public Works Director has conducted an inspection and determined that the facility has been properly maintained and is operating as designed. This inspection shall occur within two (2) years after posting of the defect and maintenance bond. (Ord. 99-1042 § 1: Ord. 90-1046 § 10)
12.10.165 Contracts for cleaning.
Any person responsible for the maintenance of a drainage facility may apply to the Department of Public Works for cleaning services, at cost, by the City’s storm drain cleaning contractor. “Cleaning” is generally defined as the removal of trash, debris, and sediment from tanks, vaults, pipes, catch basins, control structures, flow restrictors, wetvaults, and oil/water separators requiring maintenance as set forth in Appendix A to the Surface Water Design Manual. (Ord. 99-1042 § 2)
12.10.170 Construction site hazards.
Whenever the Public Works Director determines that any existing construction site, erosion/sedimentation problem and/or drainage facility poses a hazard to life and limb, endangers any property and/or adversely affects the condition or capacity of other drainage facilities, the safety and operation of City rights-of-way, utilities and/or other property owned or maintained by the City, the person to whom the permit was issued pursuant to this chapter, the owner of the property within which the drainage facility is located, the person responsible for maintenance of the facility and/or other person or agent in control of said property, upon receipt of notice in writing from the Public Works Director shall within the period specified therein repair or otherwise address the cause of the hazardous situation in conformance with the requirements of this chapter.
Should the Public Works Director have reasonable cause to believe that the situation is so adverse as to preclude written notice, the Director may take immediate measures necessary to eliminate the hazardous situation; provided, that a reasonable effort shall be made to locate the owner before acting. In such instances, the person of whom a drainage plan was required pursuant to this chapter, the owner of the property and/or the person responsible for the maintenance of the facility, shall be obligated for the payment of all costs incurred. If costs are incurred and a bond pursuant to this chapter or other City requirement has been posted, the Public Works Director shall have the authority to collect against the bond to cover costs incurred. (Ord. 98-1054 § 4: Ord. 90-1046 § 11)
12.10.180 Administration.
The City Manager, or designee, is authorized to promulgate and adopt administrative rules and regulations for the purpose of implementing and enforcing the provisions of this chapter.
A. Inspections. The City Manager, or designee, is authorized to make such inspections and take such actions as may be required to enforce the provisions of this chapter.
B. Right of Entry. Whenever necessary to make an inspection to enforce any of the provisions of this chapter, or whenever the City Manager, or designee, has reasonable cause to believe that violations of this chapter are present or operating on a subject property or portion thereof, the City Manager, or designee, may enter such premises at all reasonable times to inspect the same or perform any duty imposed upon the City Manager, or designee, by this chapter; provided, that if such premises or portion thereof is occupied, the Director shall first make a reasonable effort to locate the owner or other person having charge or control of the premises or portion thereof and demand entry.
C. Access. Proper ingress and egress shall be provided to the City Manager, or designee, to inspect or perform any duty imposed upon the City Manager, or designee, by this chapter. The City Manager, or designee, shall notify the responsible party in writing of failure to comply with the said access requirement. In the absence of an adequate response within seven (7) days from the receipt of notification, the City Manager, or designee, may order the work required completed or otherwise address the cause of improper access. The obligation for the payment of all costs that may be incurred or expended by the City in obtaining access or causing such work to be done shall be imposed on the person holding title to the subject property. (Ord. 95-1012 § 1: Ord. 90-1046 § 12)
12.10.190 Applicability to governmental entities.
All municipal corporations and governmental entities shall be required to submit a drainage plan and comply with the terms of this chapter when developing and/or improving land within the City, including, but not limited to, road building and widening, with the exception of drainage projects involving the City. (Ord. 90-1046 § 13)
12.10.200 Enforcement.
All provisions of this chapter, now existing or as may subsequently be amended, any amendatory ordinances, any resolutions pertaining thereto, and any rules and regulations promulgated thereunder, shall be enforced pursuant to Chapter 1.15 SMC, as now existing or as the same may subsequently be amended. (Ord. 01-1006 § 7: Ord. 90-1074 § 1)
12.10.210 Appointment of surface water management authority.
The City’s Department of Public Works is designated as the City’s agent for providing drainage and surface water management services under the surface water management program to the residents and property owners of the City. (Ord. 98-1054 § 5: Ord. 92-1004 § 1: Ord. 90-1016 § 1)
12.10.215 Appointment of King County as collecting and disbursing agent.
Pursuant to interlocal agreement, King County and its Surface Water Management Division and its Office of Financial Management are designated as the City’s agents for the purpose of collecting surface water service charges from City property owners and disbursing funds to the City, and also to provide surface water management technical support services. A copy of the interlocal agreement shall be available in the office of the City Clerk for use and examination by the public. (Ord. 92-1004 § 2)
12.10.220 Surface water management program.
A. There is hereby created and established a Surface Water Utility and surface water management program, implementation of which shall be governed by the Surface Water Design Manual adopted pursuant to SMC 12.10.010.
B. The surface water management program is necessary in order to promote public health, safety and welfare by establishing and operating a comprehensive approach to surface and storm water problems which would reduce flooding, erosion and sedimentation, prevent and mitigate habitat loss, enhance groundwater recharge and prevent water quality degradation. This comprehensive approach includes the following elements: basin and subbasin planning, land use regulation, construction of facilities, maintenance, public education, and provision of surface water management services. The most cost effective and beneficial approach to surface water management is through preventative actions and protection of the natural drainage system. In approaching surface water problems the surface water management program shall give priority to methods which provide protection or enhancement of the natural surface water drainage system over means which primarily involve construction of new drainage facilities or systems. The purpose of the rates and charges established at SMC 12.10.225 is to provide a method for payment of all or any part of the cost and expense of surface water management services or to pay or secure the payment of all or any portion of any issue of general obligation or revenue bonds issued for such services and facilities. These rates and charges are necessary in order to promote the public health, safety and welfare by minimizing uncontrolled surface and storm water, erosion, and water pollution; to preserve and utilize the many values of the City’s natural drainage system including water quality, open space, fish and wildlife habitat, recreation, education, urban separation and drainage facilities; and to provide for the comprehensive management and administration of surface water.
C. The following sections of Chapter 9.08 King County Code as now in effect, and as may be subsequently amended, are adopted by reference, except that, unless the context indicates otherwise, the word “County” and the words “King County” shall refer to the City, and references to County codes shall be deemed references to the Surface Water Design Manual or Municipal Code, as applicable:
9.08.060(B) through (L)
and (N) through (Q)
Policy.
9.08.090
Billing procedure.
(Ord. 99-1042 § 3: Ord. 93-1045 § 1: Ord. 92-1007 § 1: Ord. 92-1004 § 3: Ord. 90-1016 § 2)
12.10.225 Rate structure.
A. Surface water management service charges shall be based on the relative contribution of increased surface and storm water runoff from a given parcel to the surface and storm water management system, a pro rata share of City-wide surface water management services, and the policy considerations adopted at SMC 12.10.220. The percentage of impervious surfaces on the parcel and the total parcel acreage will be used to indicate the relative contribution of increased surface and storm water runoff from the parcel to the surface and storm water management system. The relative contribution of increased surface and storm water runoff from each parcel determines that parcel’s share of the program’s revenue needs. The service charge revenue needs of the program are based upon all or any part, as determined by the Council with advice of the Department of Public Works, of the cost and expense within the service area of maintaining and operating surface water control facilities, all or any part of the cost and expense of planning, designing, establishing, acquiring, developing, constructing, and improving any of such facilities, or to pay or secure the payment of all or any portion of any issue of general obligation or revenue bonds issued for such purpose.
B. The Department of Public Works shall determine the service charge for each parcel within the service area by the following methodology: Residential parcels shall receive a flat rate. Parcels shall be classified into the appropriate rate category in subsection C of this section by their percentage of impervious surface coverage. Land use codes and data collected from parcel investigations will be used to determine each parcel’s percentage of impervious surface coverage. After a parcel has been assigned to the appropriate rate category, the service charge for the parcel will be calculated by multiplying the total acreage of the parcel times the rate of that category.
C. There is imposed upon all developed properties in the service area annual service charges as follows:
Impervious
Surface
Class
Percentage
Rate
Residential (R) *
NA
$82.80/parcel/year
Very Light (VL)
0 – 10%
$49.50/acre/year
Light (L)
10 – 20%
$168.50/acre/year
Moderate (M) **
20 – 45%
$349.00/acre/year
Moderately Heavy
(MH) **
45 – 65%
$674.00/acre/year
Heavy (H) **
65 – 85%
$855.00/acre/year
Very Heavy
(VH) **
85 – 100%
$1,120.00/acre/year
City Roads,
State HighwaysNA
***
* The charge for a residential parcel which is owned by and is the personal residence of a person or persons determined by the King County Assessor as qualified for a low income senior citizen rate adjustment or a low income disabled citizen rate adjustment pursuant to RCW 84.36.381, or as the same may hereafter be amended, shall be $29.89, rather than the rates set forth above.
** The minimum service charge for parcels within the VL class shall be $49.50, and the minimum service charge for parcels within the L, M, MH, H, and VH classes shall be $82.80/parcel/year.
*** The rate charged to the City of SeaTac and/or the Washington State Department of Transportation for public highways, roads and rights-of-way will be determined in accordance with RCW 90.03.525.
D. The rate charged mobile home parks shall be $62.10 multiplied by the total number of spaces available for rent or lease.
E. Nonresidential parcels upon which are located one (1) or more retention/detention facility, or equivalent, designed, engineered, and maintained to the standards of the Surface Water Design Manual shall be entitled, upon application, to a rebate equal to twenty-five percent (25%) of the surface water management fee which would be applicable to the acreage served by each facility multiplied by the surface water management fee applicable to that acreage. Application for rebates shall be submitted prior to October 31 of each year in which a rebate is requested. Applications shall include documentation that the retention/detention facility, or equivalent, has been maintained in accordance with the requirements of Appendix A of the Surface Water Design Manual. If all maintenance has been performed as required by the said Appendix A, the rebate will be forwarded to the applicant prior to December 1 of the said year; provided, that the annual surface water management fee applicable to that year has been paid in full.
F. Parcels owned by a public school district shall be exempt from surface water management charges, pursuant to Section 9.08.060(B) of the King County Code.
G. The City Council, by ordinance, may supplement or alter charges within specific basins or subbasins of the service area so as to charge properties or parcels of one (1) basin or subbasin for improvements, studies, or maintenance which the Council deems to provide service or benefit the property owners of one (1) or more basin(s) or subbasin(s). (Ord. 99-1042 § 4: Ord. 93-1045 § 1: Ord. 92-1052 § 2: Ord. 92-1007 § 2: Ord. 92-1004 § 4)
12.10.227 Rate adjustments and appeals.
A. Any person billed for service charges may file a “Request for Rate Adjustment” with the Public Works Department within three (3) years of the date from which the bill was sent. However, filing of such a request does not extend the period for payment of the charge.
B. Requests for rate adjustment may be granted or approved by the director only when one (1) of the following conditions exists:
1. The acreage of the parcel charged is in error;
2. The parcel in nonresidential and the actual impervious surface coverage of the parcel charged places it in a different rate category than the rate category assigned by the Department;
3. The parcel is nonresidential and the parcel meets the definition of open space in SMC 15.10.435. Parcels qualifying hereunder will be charged only for the area of impervious surface and at the rate which the parcel is classified under using the total parcel acreage;
4. The service charge bill was otherwise not calculated in accordance with the terms of this chapter.
C. The property owner shall have the burden of proving that the rate adjustment sought should be granted.
D. Decisions on requests for rate adjustments shall be made by the director based on information submitted by the applicant and by the division within thirty (30) days of the adjustment request except when additional information is needed. The applicant shall be notified in writing of the director’s decision. If an adjustment is granted which reduces the charge for the current year or two (2) prior years, the applicant shall be refunded the amount overpaid in the current and two (2) prior years.
E. If the director finds that a service charge bill has been undercharged, then either an amended bill shall be issued which reflects the increase in the service charge or the undercharged amount will be added to the next year’s bill. The director may include in the bill the amount undercharged for two (2) previous billing years in addition to the current bill.
F. Decisions of the director on requests for rate adjustments shall be final unless, within thirty (30) days of the date the decision was mailed, the applicant submits in writing to the director a notice of appeal setting forth a brief statement of the grounds for appeal and requesting a hearing before the City Hearing Examiner. The Examiner’s decision shall be a final decision. (Ord. 99-1042 § 5)
12.10.230 Delinquencies and foreclosures.
Delinquent service charges shall bear interest at the rate of eight percent (8%) per annum from the date of delinquency until paid. The City shall have a lien for delinquent service charges, including interest thereon, against any property subject to service charges. The lien shall be superior to all other liens and encumbrances except general taxes and local and special assessments. Such lien shall be effective as to a total amount not in excess of one (1) year’s delinquent charges without necessity for any writing or recording of the lien. (Ord. 99-1042 § 6: Ord. 90-1016 § 3)
12.10.240 Additional use of revenues.
The City may use revenues received from collection of service charges for the purpose of maintaining road drainage systems. (Ord. 90-1016 § 4)
Chapter 12.15
SOLID WASTE DISPOSAL SYSTEMSections:
12.15.010 Designation of the King County disposal system as City agency.
12.15.020 Comprehensive solid waste management plan.
12.15.030 Solid waste code.
12.15.040 Solid waste site disposal fees.
12.15.010 Designation of the King County disposal system as City agency.
The King County solid waste disposal system, operated by the Department of Public Works, Solid Waste Division, is hereby designated as the agency for disposal of all solid waste, including moderate risk waste, generated or collected within the corporate limits of the City and the County is hereby authorized to designate disposal sites for the disposal of all such solid waste, except for solid waste which is eliminated through waste reduction or waste recycling activities. (Ord. 90-1017 § 1)
12.15.020 Comprehensive solid waste management plan.
King County is hereby designated to prepare a Comprehensive Solid Waste Management Plan which shall include the City’s Plan, pursuant to RCW 70.95.080(3). The City declares that it is a member of the Designated Interlocal Forum for the purpose of resolving solid waste issues and facilitating regional cooperation in solid waste management. (Ord. 90-1017 § 2)
12.15.030 Solid waste code.
The following sections of Chapter 10.04 King County Code as now in effect, and as may be subsequently amended, are hereby adopted by reference, except that, unless the context indicates otherwise, the word “county” and the words “King County” shall refer to the City:
10.04.010 Title of chapter.
10.04.020 Definitions.
10.04.030 Keeping and use of solid waste containers.
10.04.040 Construction, maintenance and placement of solid waste containers.
10.04.060 Separation of solid waste.
10.04.070 Removal or storage of swill.
10.04.080 Littering and unlawful dumping.
(Ord. 90-1017 § 3)
12.15.040 Solid waste site disposal fees.
Fees charged at solid waste disposal sites shall be as set by King County for users of each established class of service. (Ord. 90-1017 § 3)
Chapter 12.20
WATER UTILITYSections:
12.20.010 Utility created.
12.20.010 Utility created.
A. There is created and established a water utility of the City which shall administer the City’s domestic water utility, and shall be known as the “City of SeaTac Water Utility”, hereinafter referred to as the utility.
B. The City shall exercise through the utility, where possible, all the lawful powers necessary and appropriate for the construction, condemnation, purchase, acquisition, addition to, maintenance, operation, management, regulation, and control of the Water Utility created hereby, and as the same may hereinafter be amended, added to, bettered or extended within or without the present and future limits of the City, including, without limitation, all the lawful powers to fix, alter, regulate and control the rates, charges and conditions for the use thereof, to purchase and condemn property on behalf of the utility, and to alter and amend the City’s Water Utility, as necessary to implement the policies of the City pertaining to the utility. (Ord. 92-1018 § 4)
Chapter 12.25
SANITARY SEWER UTILITYSections:
12.25.010 Utility created.
12.25.010 Utility created.
A. There is created and established a sanitary sewer utility of the City which shall administer the City’s sanitary sewer utility and shall be known as “City of SeaTac Sanitary Sewer Utility,” hereinafter referred to as the utility.
B. The City shall exercise through the utility where possible, all the lawful powers necessary and appropriate for the construction, condemnation, purchase, acquisition, addition to, maintenance, operation, management, regulation, and control of the sanitary sewer utility created hereby, and as the same may hereinafter be amended, added to, bettered or extended within or without the present and future limits of the City, including, without limitation, all the lawful powers to fix, alter, regulate and control the rates, charges and conditions of the use thereof, to purchase and condemn property on the behalf of the utility, and to the alter and amend the City’s Sanitary Sewer Utility, as necessary to implement the policies of the City pertaining to the utility. (Ord. 92-1018 § 5)
Chapter 12.30
SURFACE WATER UTILITYSections:
12.30.010 Utility created.
12.30.010 Utility created.
A. There is created and established a surface water utility of the City which shall administer the City’s surface water utility and shall be known as the “City of SeaTac Surface Water Utility,” hereinafter referred to as the utility.
B. The City shall exercise through the utility, where possible, all the lawful powers necessary and appropriate for the construction, condemnation, purchase, acquisition, addition to, maintenance, operation, management, regulation, and control of the surface water utility created hereby, and as the same may hereinafter be amended, added to, bettered or extended within or without the present and future limits of the City, including, without limitation, all the lawful powers to fix, alter, regulate and control the rates, charges and conditions for the use thereof, to purchase and condemn property on behalf of the utility, to regulate action taken with respect to public and private property which affects the flow of surface water, and the use of drainage facilities, and to alter and amend the City’s Surface Water Utility as necessary to implement the policies of the City pertaining to the utility. (Ord. 92-1018 § 6)
Chapter 12.35
LATECOMERS’ AGREEMENTSSections:
12.35.010 Authorization of latecomers’ agreements.
12.35.020 Application for latecomers’ agreements.
12.35.030 Preliminary approval.
12.35.040 Notice and hearing procedure.
12.35.050 Final latecomers’ agreement and assessment roll.
12.35.060 Execution and recording.
12.35.070 Contract finality.
12.35.080 Title to improvements and assignment of benefits.
12.35.090 Tender of charges.
12.35.100 Release of assessments.
12.35.110 Administrative fee.
12.35.120 Nonresponsibility of the City.
12.35.010 Authorization of latecomers’ agreements.
The City establishes a procedure for authorizing latecomers’ agreements with developers, owners, and the City itself for the purpose of providing reimbursement of a pro rata portion of the original costs of water systems, sanitary sewer systems, storm water drainage systems, and street and sidewalk improvements including signalization and lighting, when such improvements are required as a condition of subdivision, reclassification, or other development. (Ord. 92-1010 § 1)
12.35.020 Application for latecomers’ agreements.
Application for a latecomers’ agreement shall be made prior to the installation of the improvement. Application shall be made upon forms prepared by the Public Works Department. Any application for a latecomers’ agreement shall contain, as a minimum, the following information:
A. Legal description of the applicant’s property;
B. Legal description of the benefitted properties;
C. Vicinity maps of applicant’s property, benefiting properties, and the location of the improvement or improvements;
D. Estimated itemized cost data for the improvements;
E. Proposed pro rata share of the cost of the improvements to be borne by the benefiting properties, and a proposed method of assessment of that pro rata share to the individual benefiting properties. (Ord. 92-1010 § 2)
12.35.030 Preliminary approval.
The City Council may grant preliminary approval for a latecomers’ agreement for a period not in excess of two (2) years, based upon the information contained in the application for a latecomers’ agreement and any input from the Public Works Department, or the City Council may deny the latecomers’ agreement. The City Council may request further information from the applicant or City staff. As part of any preliminary approval, the Council shall indicate the duration for which the final latecomers’ agreement will be approved after completion of the improvements, which approval period shall not be more than fifteen (15) years. (Ord. 92-1010 § 3)
12.35.040 Notice and hearing procedure.
A. Private Improvements. Upon drafting of the preliminary assessment roll, the preliminary determination of the latecomers’ area boundaries and assessments, along with a description of the property owners’ rights and options to participate in the latecomers’ agreement, shall be forwarded by certified mail, return receipt requested, to the property owners within the proposed assessment area. The property owners may request a hearing before the City Hearing Examiner within ten (10) days of the mailing. The Hearing Examiner shall hold a public hearing, establish a record, and make a decision which shall be given the effect of a recommendation to the City Council, all pursuant to Chapter 1.20 of the SeaTac Municipal Code. The City Council’s ruling shall be determinative and final.
B. City Improvements. The City may participate in a latecomers’ agreement where the City has provided or joined in the financing of the improvements that will benefit other properties. No improvements that benefit the general public may be subject to a City held latecomers’ agreement. The City may be reimbursed for its investment in the improvements in the same manner as owners of real property who participate in an improvement project and request a latecomers’ agreement. The City may combine the preliminary and final latecomers’ agreement and assessment rolls either prior to, or following, completion of the improvements. Authority of the City to participate in a latecomers’ agreement is in addition to the power of the City to impose special utility connection charges and special assessment district charges. (Ord. 92-1010 § 4)
12.35.050 Final latecomers’ agreement and assessment roll.
Upon completion of the improvement, final costs shall be submitted to the City. The Public Works Department shall prepare a final proposed latecomers’ agreement and accompanying assessment roll. The assessment roll shall list all of the benefitted properties and owners as disclosed by the records of the King County Recorder. The cost of the improvements shall be distributed among the property owners on the roll based upon their pro rata share of the said costs. The method of assessment to be used shall be one of, or a combination of, the following methods, unless otherwise approved or directed by the City Council:
A. Front foot method;
B. Zone front foot method;
C. Square footage method;
D. Contract method;
E. Trip generation (traffic) method;
F. Other equitable method;
G. Any combination of methods A through F. (Ord. 92-1010 § 5)
12.35.060 Execution and recording.
Following receipt of the assessment roll, the City Council, if provided with sufficient information and if the improvement and cost
thereof are consistent with the preliminary approval, shall grant the latecomers’ agreement and, by resolution, shall authorize the City Manager to sign the same. The fully executed latecomers’ agreement shall be recorded in the official property records of King County, Washington. (Ord. 92-1010 § 6)
12.35.070 Contract finality.
Once the latecomers’ agreement is recorded with the King County Recorder, it shall be binding on all properties and owners within the assessment area who are not party to the contract. A second notice reflecting final costs shall be mailed to the property owners by certified mail, return receipt requested, together with a copy of the latecomers’ agreement, bearing the King County Recorder’s File Number. (Ord. 92-1010 § 7)
12.35.080 Title to improvements and assignment of benefits.
Before the City will collect any latecomers’ charge, the holder of the latecomers’ agreement shall transfer title to all of the improvements to the City. The holder of the latecomers’ agreement shall also assign to the City the benefit and right to the latecomers’ charge should the City be unable to locate the holder of the latecomers’ agreement at the time of attempting to tender any charges received by the City pursuant to the latecomers’ agreement. The holder of the latecomers’ agreement shall be responsible for keeping the City informed of a current mailing address. Should the City be unable to locate the holder of the latecomers’ agreement in order to deliver a latecomers’ charge, the same shall be held by the City for the period of two (2) years. At any time within the two (2) year period, the holder of the latecomers’ agreement may receive the charge, without interest, by requesting payment of the City. After the expiration of the two (2) year period, all rights of the holder of the latecomers’ agreement to that charge shall expire, and the City shall be deemed to be the owner of the funds. (Ord. 92-1010 § 8)
12.35.090 Tender of charges.
When the City has received a latecomers’ charge, it will forward the funds to the holder of the latecomers’ agreement within thirty (30) days of receipt. Funds received by negotiable instrument, such as a check, will be deemed received ten (10) days after delivery to the City. (Ord. 92-1010 § 9)
12.35.100 Release of assessments.
When funds are received pursuant to latecomers’ agreement, the City shall record a certificate of payment and release of assessment as to the real property owned by the party paying the latecomers’ charge, within thirty (30) days of receipt of the funds. (Ord. 92-1010 § 10)
12.35.110 Administrative fee.
There shall be a fee to the City for the administration, processing and collecting the latecomers’ agreement charges, in the amount of 15 percent of the total amount to be collected. Prior to the granting of the final latecomers’ agreement there shall be paid to the City a processing fee in the amount of $1,000.00. The said processing fee shall be credited against the total 15 percent fee. The 15 percent fee shall be collected by deduction from each individual latecomer charge payment and the balance shall be forwarded to the developer. (Ord. 92-1010 § 11)
12.35.120 Nonresponsibility of the City.
By entering into a latecomers’ agreement, the City does not assume any responsibility for enforcement of the latecomers’ agreement or charges thereunder. The assessment roll will be a matter of public record and will serve as notice to the owners of the potential assessment should connection to the improvements be made. The holder of the latecomers’ agreement shall have sole responsibility to monitor connections to the improvement and liability for latecomers’ charges. (Ord. 92-1010 § 12)
Chapter 12.40
FLOOD DAMAGE PREVENTIONSections:
12.40.010 Statement of purpose.
12.40.020 Definitions.