Chapters:
13.04 Definitions
13.08 Sewers—Use
Required
13.12 Private
Wastewater Disposal
13.16 Sewers—Connections
13.20 Miscellaneous
Provisions
13.24 Wastewater
Pretreatment
13.28 Powers
and Authority of Inspectors
13.30 Sewer
Rates
13.32 Violations—Penalties
Division II.
Stormwater Management
13.36 Stormwater
Management Standards
13.40 Stormwater
Facilities Maintenance
13.44 Stormwater
Operating Fund
Sections:
13.04.010 Generally.
13.04.020 Accessory building.
13.04.030 Biochemical oxygen demand.
13.04.040 Building drain.
13.04.050 Building sewer.
13.04.060 City sewer system.
13.04.070 Easement.
13.04.080 Floatable oil.
13.04.090 Garbage.
13.04.095 General facilities charge.
13.04.100 Industrial wastes.
13.04.110 May.
13.04.120 Natural outlet.
13.04.130 Person.
13.04.140 pH.
13.04.150 Properly shredded garbage.
13.04.160 Public sewer.
13.04.170 Sanitary sewer.
13.04.180 Sewage.
13.04.190 Sewer.
13.04.200 Shall.
13.04.210 Side sewer.
13.04.220 Slug.
13.04.230 Storm drain.
13.04.240 Superintendent.
13.04.250 Suspended solids.
13.04.260 Unpolluted water.
13.04.270 Wastewater.
13.04.280 Wastewater facilities.
13.04.290 Wastewater treatment works.
13.04.300 Watercourse.
Unless the context specifically indicates otherwise, the meaning of terms used in this title shall be as set out in this chapter. (Ord. 830 Art. 1 (part), 1976)
“Accessory building” means a subordinate building, the use of which is incidental to the use of the main building on the same lot. (Ord. 830 Art. 1 § 1, 1976)
“Biochemical oxygen demand” (BOD) means the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five days at twenty degrees Celsius, expressed in milligrams per liter. (Ord. 830 Art. 1 § 2, 1976)
“Building drain” means that part of the lowest horizontal piping of a drainage system which receives the discharge from wastes inside the walls of the building and conveys it to the building sewer, beginning two feet (0.6 meters) from the outside face of the building wall. (Ord. 830 Art. 1 § 3, 1976)
“Building sewer” means the extension from the building drain to the side sewer or other place of disposal. (Also called house connection). (Ord. 830 Art. 1 § 4, 1976)
“City sewer system” means the sewer system owned by or under operational control of the city, within and outside the city limits. (Ord. 830 Art. 1 § 5, 1976)
“Easement” means an acquired legal right for the specific use of land owned by others. (Ord. 830 Art. 1 § 6, 1976)
“Floatable oil” is oil, fat, or grease in a physical state such that it will separate by gravity from wastewater by treatment in an approved pretreatment facility. Wastewater shall be considered free of floatable fat if it is properly pretreated and the wastewater does not interfere with the collection system. (Ord. 830 Art. 1 § 7, 1976)
“Garbage” means the animal and vegetable waste resulting from the handling, preparation, cooking and serving of foods. (Ord. 830 Art. 1 § 8, 1976)
“General facilities charge” means the charge that is assessed against property owners seeking to connect to the sewer system, in order that such property owners shall bear their equitable share of the cost of such system. (Ord. 1266-96 § 3, 1996)
“Industrial wastes” means the wastewater from industrial processes, trade, or business, as distinct from domestic or sanitary wastes. (Ord. 830 Art. 1 § 9, 1976)
“May” is permissive. (See “shall,” Section 13.04.200.) (Ord. 830 Art. 1 § 11, 1976)
“Natural outlet” means any outlet, including storm sewers and combined sewer overflows, into a watercourse, pond, ditch, lake or other body or surface or groundwater. (Ord. 830 Art. 1 § 10, 1976)
“Person” means any individual, firm, company, association, society, corporation or group. (Ord. 830 Art. 1 § 12, 1976)
“pH” means the reciprocal of the logarithm of the hydrogen-ion concentration. The concentration is the weight of hydrogen-ions, in grams, per liter of solution. Neutral water, for example, has a pH value of 7 and a hydrogen-ion concentration of 10-7. (Ord. 830 Art. 1 § 13, 1976)
“Properly shredded garbage” means the wastes from the preparation, cooking, and dispensing of food that have been shredded to such a degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than one-half inch (1.27 centimeters) in any dimension. (Ord. 830 Art. 1 § 14, 1976)
“Public sewer” means a common sewer controlled by a governmental agency or public utility. (Ord. 830 Art. 1 § 15, 1976)
“Sanitary sewer” means a sewer that carries liquid and water-carried wastes from residences, commercial buildings, industrial plants, and institutions, together with minor quantities of ground, storm and surface waters that are not admitted intentionally. (Ord. 830 Art. 1 § 16, 1976)
“Sewage” is the spent water of a community. The preferred term is “wastewater.” (See also Section 13.04.270.) (Ord. 830 Art. 1 § 17, 1976)
“Sewer” means a pipe or conduit that carries wastewater. (Ord. 830 Art. 1 § 18, 1976)
“Shall” is mandatory. (See “may,” Section 13.04.110.) (Ord. 830 Art. 1 § 19, 1976)
“Side sewer” means the sewer from the main collection public sewer, in either public right-of-way or easement, to the building sewer (usually at the boundary of the property being served.) (Ord. 830 Art. 1 § 20, 1976)
“Slug” means any discharge of water or wastewater which in concentration of any given constituent or in quantity of flow exceeds for any period of duration longer than fifteen minutes more than five times the average twenty-four-hour concentration or flows during normal operation and adversely affects the collection system and/or performance of the wastewater treatment works. (Ord. 830 Art. 1 § 21, 1976)
“Storm drain” (sometimes referred to as storm sewer) means a drain or sewer for conveying rainwater, groundwater, subsurface water, or unpolluted water from any other source. (Ord. 830 Art. 1 § 22, 1976)
“Superintendent” means the city supervisor or his authorized deputy, agent, or representative. (Ord. 830 Art. 1 § 23, 1976)
“Suspended solids” mean total suspended matter that either floats on the surface of, or is in suspension in, water, wastewater, or other liquids and that is removable by laboratory filtering as prescribed in “Standard Methods for the Examination of Water and Wastewater” and referred to as nonfilterable residue. (Ord. 830 Art. 1 § 24, 1976)
“Unpolluted water” is water of quality equal to or better than the effluent criteria in effect or water that would not cause violation of receiving water quality standards and would not be benefited by discharge to the sanitary sewers and wastewater treatment facilities provided. (Ord. 830 Art. 1 § 25, 1976)
“Wastewater” means the spent water of a community. From the standpoint of source, it may be a combination of the liquid and water-carried wastes from residences, commercial buildings, industrial plants, and institutions, together with any groundwater, surface water, and stormwater that may be present. (Ord. 830 Art. 1 § 26, 1976)
“Wastewater facilities” mean the structures, equipment, and processes required to collect, carry away, and treat domestic and industrial wastes and dispose of the effluent. (Ord. 830 Art. 1 § 27, 1976)
“Wastewater treatment works” (sometimes used as synonymous with “waste treatment plant” or “wastewater treatment plant” or “water pollution control plant”) mean an arrangement of devices and structures for treating wastewater, industrial wastes, and sludge. (Ord. 830 Art. 1 § 28, 1976)
“Watercourse” means a natural or artificial channel for the passage of water either continuously or intermittently. (Ord. 830 Art. 1 § 29, 1976)
Sections:
13.08.010 Generally.
13.08.020 Discharging
wastewater or polluted water.
13.08.030 Privy,
septic tank or cesspool.
13.08.040 Toilet
facilities required.
13.08.050 Variance
agreement.
13.08.060 Procedure.
13.08.070 Termination
of variance agreement.
13.08.080 Obligations
of owners.
It is unlawful for any person to place, deposit, or permit to be deposited in any unsanitary manner on public or private property within the city, or in any area under the jurisdiction of the city, any human or animal excrement, garbage, or objectionable waste. (Ord. 830 Art. 2 § 1, 1976)
It is unlawful to discharge to any natural outlet within the city or in any area under the jurisdiction of the city any wastewater or other polluted waters, except where suitable treatment has been provided in accordance with subsequent provisions of this title. (Ord. 830 Art. 2 § 2, 1976)
Except as hereinafter provided in this title, it is unlawful to construct or maintain any privy, privy vault, septic tank, cesspool, or other facility intended or used for the disposal of wastewater. (Ord. 830 Art. 2 § 3, 1976)
A. The owner(s) of all houses, buildings or properties used for human occupancy, employment, recreation, or other purposes, situated within the city, or within the area served by the city sewer system, and abutting on any street, alley, or right-of-way in which there is located a public sanitary sewer of the city, is required, at the owner(s)’ expense, to install suitable toilet facilities therein, and to obtain a permit to connect such facilities directly with the proper public sewer in accordance with the provisions of this title, within ninety days after date of official notice to do so, and to complete the connection within six months of obtaining the permit, unless an extension is granted by the superintendent for good cause; provided, that the building to be served is not located more than two hundred feet from a public sewer.
B. The owner shall pay all connection fees, facility improvement charges and any other fees and charges required for connection to the sanitary sewer within ninety days after the date of official notice to connect to the sanitary sewer; shall be liable for the monthly fee for the sanitary sewer service upon connection or, if not connected, beginning ninety days after the date of official notice to connect or upon expiration of the permit to connect if a permit was obtained; and shall be billed accordingly.
C. The city shall have a lien against the owner’s property for any unpaid rates, fees or charges required for connection to the sanitary sewer, which shall be foreclosed as provided by law. This remedy is cumulative, and is in addition to any other claim or remedy available to the city. Any unpaid rates, fees or charges shall bear interest at eight percent per annum on a monthly basis. (Ord. 1513-05 § 1, 2005: Ord. 1412-01 § 1, 2001: Ord. 830 Art. 2 § 4, 1976)
Whenever a residential property owner(s) is required to connect an existing residence to the sanitary sewer by this Title 13, and the property is served by a pre-existing, connected working septic system, the superintendent may, for good cause shown, enter into a written variance agreement with all of the owners of the parcel at issue to grant a one-time variance from the connection requirement, on the conditions set forth in this chapter. The owner(s) shall apply for the variance within the time they would otherwise be required to connect to the sanitary sewer; provided, that any owner(s) required to connect to the sanitary sewer prior to the effective date of the ordinance codified in this section (July 22, 2002), but who failed to do so, shall apply for the variance within ninety days of written request to connect to the sanitary sewer by the superintendent. (Ord. 1427-02 § 1, 2002)
The property owner(s) requesting a variance agreement to the connection requirement pursuant to this chapter shall pay an application fee of twenty-five dollars, and shall provide the superintendent with a certificate from the Skagit County health department, a certified septic system designer, or a licensed professional engineer, in such form as required by the superintendent, stating that the septic system was in place prior to availability of the sanitary sewer, and is presently in good working order at the time connection to the sanitary sewer would otherwise be required. The owner(s) must also provide evidence of ownership in the form of a title report or other documentation as required by the superintendent. The superintendent may, in his discretion, require any lien holder to subordinate their lien to the agreement, as a condition of the variance agreement. (Ord. 1427-02 § 2, 2002)
The variance agreement shall permit the owner(s) to defer connection to the sanitary sewer only until the occurrence of any one of the following events:
A. Failure of the septic system as determined
by the superintendent or the
B.
C. A change in use of the property to a non-residential use;
D. Connection to a sanitary sewer is required pursuant to Title 17 of the Sedro-Woolley Municipal Code or state law as part of a land use action taken at the request of the owner(s); or
E. Construction of a new residence on the property which would otherwise be connected to the sanitary sewer.
Upon the occurrence of any one of the events set forth above, the variance shall terminate, and connection to a sanitary sewer shall be required pursuant to this Title 13, applicable state law, or other regulation or agreement. (Ord. 1427-02 § 3, 2002)
The variance agreement shall provide that the variance shall not relieve the owner(s) of any obligation arising from any LID, ULID, or special assessments, obligations and liens pursuant to RCW Chapter 35.43 through RCW Chapter 35.54, and similar statutes, or amendments thereto, relating to the payment of bonds or other municipal indebtedness. However, the owner(s) or successors in interest shall pay at time of connection to a sanitary sewer:
a. Any connection fees established pursuant to RCW 35.92.025 or amendments thereto, in effect at time of connection;
b. Latecomers fees pursuant to RCW 35.91 or amendments thereto, in effect at time of connection; and
c. All other fees, charges, liens or costs, in effect at time of connection.
The variance shall
not be transferable to a successor owner(s). The variance agreement shall
contain the legal description of the property, shall be signed by all owner(s),
and shall be recorded with the
Sections:
13.12.010 Generally.
13.12.020 Permit
required.
13.12.030 Connection
to sewer required when available.
13.12.040 Operation
and maintenance.
13.12.050 Additional
requirements.
Where a public sanitary sewer is not available under the provisions of Section 13.08.040, the building sewer shall be connected to a private wastewater disposal system complying with the regulations of the county health department. (Ord. 830 Art. 3 § 1, 1976)
Before commencement of construction of a private wastewater disposal system, the owner(s) shall first obtain a written permit signed by the county health officer. (Ord. 830 Art. 3 § 2, 1976)
At such time as a public sewer becomes available to a property served by a private wastewater disposal system, as provided in this chapter, a direct connection shall be made to the public sewer within the time provided by SWMC Section 13.08.040, in compliance with this title, and any septic tanks, cesspools, and similar private wastewater disposal facilities shall be cleaned of sludge and filled with suitable material; provided, that cement septic tanks with reinforced concrete lids may be exempt from cleaning and filling at owner’s option. (Ord. 1513-05 § 2, 2005: Ord. 830 Art. 3 § 3, 1976)
The owner(s) shall operate and maintain the private wastewater disposal facilities in a sanitary manner at all times, at no expense to the city, in compliance with county health department regulations. (Ord. 830 Art. 3 § 4, 1976)
No statement contained in this chapter shall be construed to interfere with any additional requirements that may be imposed by the health officer. (Ord. 830 Art. 3 § 5, 1976)
Sections:
13.16.010 Connection
to system—Permit—Required.
13.16.020 Connection
to system—Permit—Application.
13.16.030 Costs
borne by owners.
13.16.035 General
facilities charge—Separate fund.
13.16.036 Agreement
for credit against general facilities charge.
13.16.037 Utility
connection fee—
13.16.038 Utility
connection fee—
13.16.040 Outside
city connections.
13.16.050 Separate
building sewer required—Exceptions.
13.16.060 Use
of old building sewer.
13.16.070 Construction
standards.
13.16.080 Elevation
of building sewer.
13.16.090 Disposal
of polluted surface drainage.
13.16.100 Additional
requirements.
13.16.110 Connection
to system—Inspection and testing.
13.16.120 Excavations.
13.16.130 Construction
within public rights-of-way and easements.
13.16.140 General
facilities charge—Credit for disconnecting septic system.
No unauthorized person(s) shall uncover, make any connections with or opening into, use, alter or disturb any public sewer or appurtenance thereof without first obtaining a written permit from the superintendent or his designee. (Ord. 1266-96 § 4, 1996: Ord. 830 Art. 4 § 1, 1976)
Application for building sewer permits shall be made on a special form furnished by the city. The permit application shall be supplemented by any plans, specifications or other information considered pertinent in the judgment of the sewer department supervisor. A permit, general facilities charge and connection fee shall be charged as determined by council ordinance, resolution and this title. (Ord. 1266-96 § 5, 1996: Ord. 830 Art. 4 § 2, 1976)
All costs and expenses incidental to the installation and connection of the building sewer shall be borne by the owner(s). The owner(s) shall indemnify the city from any loss or damage that may directly or indirectly be occasioned by the installation of the building sewer. (Ord. 830 Art. 4 § 3, 1976)
In addition to any permit fees and other charges required by city ordinance or regulation, and not in lieu thereof, at the time of building permit issuance, (or if no building permit, then at time of connection or commencement of use,) there shall be a general facilities charge, for connection to the city sewer system which shall be paid in the sum of eight thousand nine hundred twenty-six dollars per equivalent residential unit (ERU), to be determined as set forth in this section.
A. “Equivalent residential unit (ERU)” is defined as a common measure for all types of users to put them on an equivalent basis with a single-family residential user. The ERU is determined by the anticipated water consumption from a connection. One ERU is equal to seven hundred fifty cubic feet of water consumption per month.
B. Single-Family Residential. Each single-family dwelling unit, including single-family (one unit), duplexes (two units), triplexes (three units), condominium unit, and each mobile or manufactured home (one unit) whether on an individual lot or in a mobile home park, is equal to one ERU per dwelling unit.
C. Multiple Residential. Each dwelling unit in a multiple residential structure consisting of four or more dwelling units is equal to one ERU per dwelling unit.
D. Nonresidential, Including Commercial and Industrial Users. The following provisions shall govern the assessment and collection of general facilities charges for nonresidential users, including commercial and industrial units:
1. For each nonresidential unit, there shall be a general facilities charge equal to the sum of:
a. For plumbing fixtures, four hundred ninety-eight dollars per plumbing fixture unit as described in Table 1 set out at the end of this section, titled Equivalent Fixture Units, plus applicable state sales tax; and
b. For use other than plumbing fixtures, four hundred ninety-eight dollars per three hundred eleven gallons of water consumption per month, as determined by the superintendent or his designee. In making this determination, the superintendent may rely upon industry standards, scientific and engineering data, sewage flow meter data, qualified professional opinions, and any other basis which is in his or her opinion appropriate. The superintendent may adjust this charge based upon evidence that the metered water usage does not accurately reflect the volume of discharge disposed of through the sewer system.
2. If the city enters into a written agreement with users allowing the discharge into the sanitary sewer system of materials set forth in Section 13.30.080(A)(1) through (A)(4), the superintendent shall determine the general facilities charge for the user, in order that such property owners shall bear their equitable share of the cost of such system. In making this determination, the superintendent may rely upon industry standards, scientific and engineering data, sewage flow meter data, qualified professional opinions, and any other basis which is in his or her opinion appropriate. The superintendent may consider the quality of effluent, that the metered water usage does not accurately reflect the capacity of the capital facilities, including treatment plant capacity, utilized by the connection, and all other relevant information. Nothing in this section shall require the city to accept wastes or waters described in Section 13.30.080(A)(1) through (A)(4) from any user.
3. An additional general facilities charge shall be assessed and due as provided in this subsection for an existing connection if, in the determination of the superintendent:
a. The number of plumbing fixture units is increased; or
b. The user applies for a permit for improvements which will result in an increase in the average monthly water usage for reason other than an increase in the number of plumbing fixture units; or
c. The user, by agreement with the city, changes the quality of the discharge or wastewater discharged into the sewer system so as to cause the discharge into the sewer system of materials set forth in Section 13.30.080(A)(1) through (A)(4); or
d. The user converts an existing connection to a different use which increases the demand on the treatment plant or sewer system capacity utilized to transport or treat said discharge.
In making the determination that an additional general facilities charge is due, the superintendent may rely upon industry standards, scientific and engineering data, sewage flow meter data, qualified professional opinions, and any other basis which is in his or her opinion appropriate.
E. In making a determination of the amount of the general facilities charge, an adjustment against the charge may be allowed by the superintendent for a level of previous use of sewer system capacity, as defined by the highest average twelve consecutive months of the preceding sixty months, unless a general facilities charge, or its equivalent was due for such use under this section which was not paid. Any adjustment shall be determined by the superintendent as set forth in this section, who may rely upon industry standards, scientific and engineering data, sewage flow meter data, qualified professional opinions, the billing for the previous sixty months, and any other basis which is in his or her opinion appropriate. No adjustment shall be allowed if the sewer bill has not been paid for the preceding sixty months, which shall constitute abandonment of the right to use the previous sewer capacity without paying the initial or additional general facilities charge. This adjustment shall apply only to the parcel or lot to which service was provided, and may not be assigned or transferred to other property.
F. All proceeds of the general facilities charge shall be placed in the sewer capital improvements fund for the following uses: construction of new sewer facilities, repair, replacement, and maintenance of existing sewer facilities, and debt service of the same.
TABLE 1
Equivalent Fixture Units
|
Kinds of Fixture |
Units |
|
Bathtubs |
2 |
|
Bidets |
2 |
|
Clothes washers, private |
2 |
|
Clothes washers, commercial |
6 |
|
Dental units or cuspidors |
1 |
|
Drinking fountains |
1 |
|
Floor drains |
2 |
|
Interceptors for grease, oil, solids, etc. |
3 |
|
Interceptors for sand, auto wash, etc. |
6 |
|
Laundry tubs |
2 |
|
Receptors (floor sinks), indirect waste receptors for refrigerators, coffee urns, water stations, etc. |
1 |
|
Receptors, indirect waste receptors for commercial sinks, dishwashers, air-washers, etc. |
3 |
|
Showers, single stalls |
2 |
|
Showers, gang (per head) |
1 |
|
Sinks, and/or dishwashers (residential) (2" min. waste) |
2 |
|
Sinks, bar, commercial |
2 |
|
Sinks, bar, private |
1 |
|
Sinks, commercial or industrial, schools, etc., including dishwashers, wash up sinks and wash fountains |
3 |
|
Sinks, flushing rim, clinic |
6 |
|
Sinks, service |
3 |
|
Sinks, service (3" trap) |
6 |
|
Urinals, pedestal, trap arm only |
6 |
|
Urinals, stall, separate trap |
2 |
|
Urinals, wall-mounted, blowout, integral trap 2" trap arm only |
3 |
|
Urinals, wall-mounted, blowout, integral trap 3" trap arm only |
6 |
|
Urinals, wall-mounted, washdown or siphon jet, integral trap, trap arm only |
2 |
|
Urinals, wall-mounted, washdown, separate trap (2" min. waste) |
2 |
|
Wash basins, in sets |
2 |
|
Wash basins (lavatories) single |
1 |
|
Water closet, private installation |
4 |
|
Water closet, public installation |
6 |
(Ord. 1609-08 § 1, 2008: Ord. 1501-05 § 1, 2005: Ord. 1478-04 § 1, 2004: Ord. 1468-04 § 1, 2004: Ord. 1298-98 § 1, 1998: Ord. 1266-96 § 1, 1996: Ord. 1221-95 §§ 1, 2, 1995)
A. The city may, in its discretion, enter into an agreement to provide a nontransferable credit against the general facilities charge authorized by Section 13.16.035 with any property owner or developer who is required, as a condition of connection to the city sanitary sewer, to construct capital improvements included in the comprehensive wastewater plan for the city sanitary sewer (or successor plan), if such improvements have a value greater than fifty thousand dollars.
B. The credit shall be for benefit of the property, development or facility for which the capital improvement was required, in an amount and on terms and conditions to be determined by the city. The credit shall not exceed the lesser of:
1. The value of the capital improvements to the city, less the value of the improvements which directly benefit or are required to be constructed to serve the development or facility served thereby; or
2. One-half the general facilities charge for the benefited property.
C. The credit against the general facilities charge authorized by this section shall be utilized within the time provided in the agreement, or shall be deemed waived and expired, shall bear no interest, and shall be used only for the purpose stated in this section. The credit may not be used to benefit any property or project other than as specified in the agreement. The city shall have no obligation to compensate the owner or developer under the agreement for any credit not utilized against the general facilities charge.
D. This agreement authorized by this section shall be coordinated with any latecomers’ agreement provided for in Chapter 15.52, to prevent double recovery. The amount of the credit, if any, shall be determined by the superintendent. In making this determination, the superintendent may rely upon planning and engineering data, qualified professional opinions, and any other basis which is in his or her opinion appropriate. No agreement shall be binding unless in writing, approved by the city council, and executed by the mayor.
E. The city is not obligated by this section to enter into any agreement with an owner or developer, nor to allow the credit authorized by this section. (Ord. 1266-96 § 2, 1996)
A. Residential User Connection Fee. In addition to all other charges and fees assessed by ordinance or statute, and not in lieu thereof, the owner or owners of any lot or parcel within that real property legally described on Exhibit A, set out at the end of this section, and any real property aggregated thereto which is served by the North Reed Street sanitary sewer main, and any subdivision thereof, shall pay a special connection fee in the sum of one thousand one hundred fifty-two dollars for each residential dwelling unit connected to the sanitary sewer, but not to exceed an amount equal to sixteen cents per square foot of the legal lot or parcel on which the unit is situated.
B. Nonresidential User Connection Fee. In addition to all other charges and fees assessed by ordinance or statute, and not in lieu thereof, the owner or owners of any lot or parcel within that real property legally described on Exhibit A, set out at the end of this section, and any real property aggregated thereto which is served by the North Reed Street sanitary sewer main, and any subdivision thereof, shall pay a special connection fee for each nonresidential structure or nonresidential use connected to the sanitary sewer in the sum of one thousand one hundred fifty-two dollars for each equivalent residential unit (“ERU”), but not to exceed an amount equal to sixteen cents per square foot of the legal lot or parcel on which the structure or use is situated. Each nonresidential sewer connection or use shall be deemed equivalent to at least a minimum of one ERU. The number of ERUs shall be determined by the superintendent, whose determination shall be final.
C. Time of Payment. The special connection fee shall be due at the time of application for a building permit, if for a new structure, or at time actual connection or connection permit application, if for an existing structure.
D. Lien. If not paid when due, the special connection fee established by this section shall constitute a lien on the lot or parcel, and may be foreclosed in the manner provided by law.
E. Remedies. In the event that the owner or owners fail to pay the special connection fee established by this section, the city may, in addition to all other remedies provided by law or ordinance, seek a money judgment from the owner or owners, foreclose the lien as provided by law, terminate sewer service to the lot or parcel, or seek injunctive or equitable relief. The remedies herein provided are cumulative, and not exclusive.
F. Definitions. For purposes of this section, the following definitions shall apply:
“Equivalent residential unit (ERU)” means a common measure for all types of users to put them on an equivalent basis with a single family residential user. One ERU is equal to seven hundred fifty cubic feet of water consumption per month.
“Owner or owners” means fee owner, purchaser subject to a deed of trust or mortgage, or purchaser under a real estate contract. One who is a tenant, renter, lessee or holder of an option or right to purchase shall not be considered an owner.
“Residential dwelling unit” means a single family residence, an individual apartment unit in an apartment building, an individual dwelling unit in a duplex or multifamily residential structure, and a mobile home space or pad in a mobile home park. (Ord. 1240-95 §§ 1—6, 1995)
EXHIBIT A
Lots 6, 7, 8, 9, 10, 11, 12, and 16, Block
1, “ROSEDALE GARDEN TRACTS OF SEDRO-WOOLLEY,” as per plat recorded in Volume 3
of Plats, page 52, records of
Lots 2, 3, 4, 5, 6, 7, and 8, Block 2,
“ROSEDALE GARDEN TRACTS OF SEDRO-WOOLLEY,” as per plat recorded in Volume 3 of
Plats, page 52, records of
Lots 1, 2, and 3 of Sedro-Woolley Short Plat
1-77, recorded
Lots 1, 2, and 3 of Short Plat SW 01-88, recorded March 1, 1988, in Vol. 8 of Short Plats, page 25, under Auditor’s File No. 8803010041, records of Skagit County, being a portion of Lots 13 and 14, Block 1, “ROSEDALE GARDEN TRACTS OF SEDRO-WOOLLEY,” as per plat recorded in Volume 3 of Plats, page 52, records of Skagit County, Washington.
All situated in
The above-described real property is shown on Exhibit B attached to Ordinance 1240-95 and on file in the city clerk’s office, incorporated by reference for illustrative purposes.
A. Residential User Connection Fee. In addition to all other charges and fees assessed by ordinance or statute, and not in lieu thereof, the owner or owners of any lot or parcel within that real property legally described on Exhibit A and illustrated on the map attached as Exhibit B set out at the end of this section, and any real property aggregated thereto and any subdivision thereof, which is served by the Trail Road-Cook Road sanitary sewer pump station and main, shall pay a special connection fee in the sum of three thousand four hundred twenty-six dollars for each residential dwelling unit connected to the sanitary sewer.
B. Nonresidential User Connection Fee. In addition to all other charges and fees assessed by ordinance or statute, and not in lieu thereof, the owner or owners of any lot or parcel within that real property legally described on Exhibit A and illustrated on the map attached as Exhibit B set out at the end of this section, and any real property aggregated thereto and any subdivision thereof, which is served by the Trail Road-Cook Road sanitary sewer pump station and main, shall pay a special connection fee for each nonresidential structure or nonresidential use connected to the sanitary sewer in the sum of three thousand four hundred twenty-six dollars for each equivalent residential unit (“ERU”). Each nonresidential sewer connection or use shall be deemed equivalent to at least a minimum of one ERU. The number of ERUs shall be determined by the superintendent, whose determination shall be final.
C. Time of Payment. The special connection fee shall be due at the time of application for a building permit, if for a new structure, or at time actual connection or connection permit application, if for an existing structure.
D. Lien. If not paid when due, the special connection fee established by this section shall constitute a lien on the lot or parcel, and may be foreclosed in the manner provided by law.
E. Remedies. In the event that the owner or owners fail to pay the special connection fee established by this section, the city may, in addition to all other remedies provided by law or ordinance, seek a money judgment from the owner or owners, foreclose the lien as provided by law, terminate sewer service to the lot or parcel, or seek injunctive or equitable relief. The remedies herein provided are cumulative, and not exclusive.
F. Definitions. For purposes of this section, the following definitions shall apply:
“Equivalent residential unit (ERU)” means a common measure for all types of users to put them on an equivalent basis with a single family residential user. One ERU is equal to seven hundred fifty cubic feet of water consumption per month.
“Owner or owners” means fee owner, purchaser subject to a deed of trust or mortgage, or purchaser under a real estate contract. One who is a tenant, renter, lessee or holder of an option or right to purchase shall not be considered an owner.
“Residential dwelling unit” means a single family residence, an individual apartment unit in an apartment building, an individual dwelling unit in a duplex or multifamily residential structure, and a mobile home space or pad in a mobile home park.
EXHIBIT A
LEGAL DESCRIPTIONS
Those portions of the Northeast 1/4 of Section 23, Township 35 North, Range 4 East, W.M. and of the Southwest 1/4 of the Southeast 1/4 of Section 14, Township 35 North, Range 4 East, W.M. described as follows:
Begin at the Southeast corner of the Northeast 1/4 of said Section 23; thence North along the East line of said Northeast 1/4 to the Southwesterly line of the F & S Grade Road; thence Northwesterly along said Southwesterly line to the Northerlymost corner of those premises conveyed to Michael L. Larson, et ux, by deed recorded June 30, 1998 as Auditor’s File No. 9806300203; thence South 0 degrees 00’ 30” East along the West line of said Larson tract 676.78 feet, more or less, to the Southwest corner thereof; thence North 89 degrees 59’ 30” East 260.00 feet along the South line of said Larson tract to the East line of the West 1/2 of the Northwest 1/4 of the Northeast 1/4 of said Section 23; thence South along said East line to the South line of said Northwest 1/4 of the Northeast 1/4; thence East along said South line to the Southeast corner of said Northwest 1/4 of the Northeast 1/4; thence South along the West line of the Northwest 1/4 of the Southeast 1/4 of the Northeast 1/4 of said Section 23 to the Southwest corner of said subdivision; thence East along the South line of said subdivision to the Southeast corner thereof; thence South along the East line of the Southwest 1/4 of the Southeast 1/4 of the Northeast 1/4 of said Section 23 to the Northeast corner of those premises conveyed to Raymond M. Nelson by deed recorded March 9, 1988 as Auditor’s File No. 8803090038; thence West along the North line of said Nelson property and its Westerly extension along the North line of those premises conveyed to Harry J. Jenks, et ux, by deed recorded March 30, 1973 as Auditor’s File No. 782749 to the Northwest 1/4 of said Jenks property; thence South along the West line of said Jenks property to the South line of the Northeast 1/4 of said Section 23; thence East along said South line to the Point of Beginning; EXCEPT therefrom the two following described parcels:
1)
The road right-of-way commonly known as the
2) That portion of the Northwest 1/4 of the Southeast 1/4 of the Northeast 1/4 of said Section 23 described as follows:
Begin at the Southwest corner of said subdivision; thence East along the South line thereof 184 feet; thence North to the centerline of ditch referred to both as an “existent County drainage ditch” and as “a right-of-way of Drainage District No. 14”; thence Westerly along said centerline to the West line of said subdivision; thence South along said West line to the Point of Beginning.
Lots 1 through 26, inclusive, “MOUNTAIN VISTA ADDITION, SKAGIT COUNTY, WASH.” as per plat recorded in Volume 7 of Plats, Page 65, records of Skagit County, Washington.
The East 1/2 of the West 1/2 of the Northwest 1/4 of the Southeast 1/4 of Section 23, Township 35 North, Range 4 East, W.M.; EXCEPT the North 660 feet thereof.
The West 1/2 of