Chapter 17.20
FLOOD CONTROL
MAINTENANCE PROGRAM

Sections:

17.20.010    Flood control maintenance account.

17.20.020    County participation.

17.20.030    Guidelines for prioritization of projects.

17.20.040    Advisory committee.

17.20.050    Public announcement.

17.20.060    Project agreement.

17.20.010 Flood control maintenance account.

A. The Flood Control Zone District Fund No. 00169 shall be known as the flood control maintenance account in accordance with Chapters 86.12 and 86.26 RCW.

B. An annual amount shall be placed in such account as is necessary or advisable to be used for the purposes established in Chapter 86.12 RCW. (Ord. 97-027 §§ 1, 2).

17.20.020 County participation.

The county shall participate in the financing, labor or supply of materials for flood control projects authorized under Chapter 86.12 RCW on sites within Whatcom County. Authorized projects are subject to fiscal constraints and guidelines established herein for the prioritization of projects; provided, that property owners or sponsors shall pay 20 percent of the total cost of the improvements and benefits requested. If a project is designed in such a way as to protect and enhance existing fish habitat, or the project requires fish habitat mitigation because habitat impacts are unavoidable to successfully complete the project, the property owner or sponsor shall pay 15 percent, unless the county council approves a different formula, based on the recommendation of the Whatcom County Flood Control Zone District Advisory Committee, for financial participation in a particular project. (Ord. 98-075; Ord. 97-027 § 3).

17.20.030 Guidelines for prioritization of projects.

All projects involving sponsor financial participation from individuals, groups of individuals, associations or governmental entities shall be prioritized based on an analysis and review of the following factors:

A. Damage to existing protection and susceptibility of increased damage to dikes, levees, deflectors or bank protection.

B. Criticalness and threat to residences, farmland, commercial or industrial facilities and other improvements.

C. Benefits received relative to the cost of the project, together with project criticalness.

D. Any projects approved by the county council and flood zone district board of supervisors and the county executive.

E. Evidence of efforts at self-help by individuals and entities directly benefiting from the project. (Ord. 97-027 § 4).

17.20.040 Advisory committee.

In accordance with WCC 2.92.020(C), the flood control district advisory committee shall select a subcommittee that shall work with the county staff to review all applications and submit recommendations on project priorities to the county executive. (Ord. 97-027 § 5).

17.20.050 Public announcement.

The department of public works shall annually provide a public announcement in all major Whatcom County news media on the existence of the flood control program provided herein, together with information where land owners and sponsors may apply for county participation in their flood control projects. (Ord. 97-027 § 6).

17.20.060 Project agreement.

Provided that before any project is undertaken, except in case of an emergency declared by the executive, an agreement shall be made and entered into by and between the county and the local sponsor(s) setting forth the nature and scope of the respective parties’ participation. All such payments specified in said agreement shall be due and payable in accordance with the method of payment described in said agreement. When the cost of said project is less than the estimated amount agreed to, the pro rata share paid by the local sponsor shall be reduced and refunded, if applicable, following completion of the work. In the event the project’s cost exceeds the estimate agreed to, the county will notify the local sponsor as the actual costs become known but before being incurred. The pro rata share of the difference shall be paid by the local sponsor upon completion of said work. In the event that payment is not made upon completion of said work, interest on the delinquent amount shall accrue at the same rate as specified by state law for delinquent property taxes, as allowed by law, and the amount of such payment plus interest shall be a lien upon the property of the local sponsor(s) from the time of completion until the total indebtedness is paid. Said lien shall be enforced by the director of public works in the manner prescribed by law for the foreclosure of mortgages and/or through an action of debt against the owners and/or in such other manner as the law may provide. (Ord. 97-027 § 7).