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HomeMy WebLinkAboutORD 4065 � Amended by Ordinance No. 4293�t���;: �(�110(�;�t6��? 527 5 CITY OF RENTON WASHINGTON ORDINANCE N0. 4065 AN ORDINANCE OF THE CITY OF RENTON. WASHINGTON, CREATING CHAPTER 13 f�F TITLE VIII {HEALTH AND SANITATION) OF ORDINANCE NO. 1628 ENTI'PLED "CODE OF GENERAL ORDINANCES OF THE CITY OF RENTOIV" RELATING TO DETERMINATION OF RATES FOR STORM AIoTD SUR�'ACE WATER DRAINAGE, BILLING, AQJUSTMENTS AND CREDITS THERETO, AND ESTABLISHING APPEAL PROCEDURES. THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION I : Existing Title VIII (�iealth and Sanitation) of Ordinance No. 1628 entitled "Code of General Ordinances of the City of Renton" is hereby amended by creating a new Chapter 13 entitled "Storm and Surface Water Drainage" as follows: SECTION 8-1331 : BILLING, P1�1Y1�IENT AND TERMINATION AND R�INSTATEMENT OF SERVICE: A. Billing Procedures: The Utility, jointly witk� the Finance Departzn�nt, may establish procedures pertaining to the billing ancl collection of service charges and other fees imposed by the Utility. l. Bills Due: All bills f�r stor�m drainage service as set forth in this Ordinance, or as same may be amended from time to time, shall become due and payable at the office of the Director of Finance, or such other place �s the City may designate, not later than fifteen (15) days from the date of billing. If not so paid, any such account shall thereupon become delinquent. 2. Determination of Delinquency: On the 16th day of each and �very month, it sha11 be the duty of the person collecti.ng utility service charges to make out in duplicate and deliver to the Director of Finance a list of all delinquent customers and a description of tk�e premises to which wat�r services is being provided. Upon receipt of such delinquency list, it shall be the duty of the Director of Finance forthwith to notify the customer in writing of the delinquency and that the water service may be terminat�d within ten days if tk►e delinquency is not paid flr an appeal is not filed. 1 � ORDINANCE NO. 4065 3 . Notice of Delinquency: Notice of such delinquency shall be mailed in the manner nrovided herein for a bill. In lieu of a mailed notice, a delinquency notice may be s�rved upon such user or occupant. 4 . RPceipt of Mail : Notices and bills properly a�dressed and deposited in the mail to such user or occupant �re deemed to have been received and failure to receive such mail or rejection or return of the mail shall not be a valid defense for failure to pay any charge. Any change in ownership of property or change in mailing �d�ress must be properly filed in writing with the �ffice af the Director of Finance or the duly designated representative by the current owner . 5 Charges shall be Lien: Charges impose� �er�under shall be a lien against the real estate being charged and may be forec.losed in the manner �f Local Improvement District liens. B. Appeals Procedures: Should an aggrieved person wish to appeal the delinquent notice, the following procedures shall be used : 1. The aggrieved person shall notify the Director in writing within 10 days of receipt of the delinquency notice to request a review of said notice. The review sha11 be limited to the following issues: a. The existence of the �elinquency b. Th� amount of the delinquency c The manner in which the delinquency was calculated by the Utility. 2. The water service to the property which is the subject of the app�al shall not be terminated while an appeal is pending pursuant to this section. 3. The Director of Finance shall review the charges and determine the accuracy of the delinquency notice. If the existence o� the delinquency or the amount thereof is in error the Director of Finance sh�ll correct the error and make the change on the City records. If the manner in which the delinquency is calculated is in error the Director of Finance shall request the Utility to recalculate the charge and then make any resulting changes on the City records . 4 . The Director of Finance shall , as soon as practicable, notify the aggrieved party in writing of the results of the delinquency review. The aggrieved party shall have ten days following receipt of the notice of the appeal decision to pay any remaining delinquency. Ten days following the appeal decision the Director may cut �ff water service to the property in question if any delinquency remains unpaid. 2 ORDINANCE N0. 4065 C. Termination of Water Service: Any person having received a delinquency notice and not having paid or appealed s�id delinquency may be subject to having the Director of Finance cut off water service to the property in que�tion. D. Water Service Reinstatement: Should the Director o� Finance cause the water service to be cut off for failure to pay a delinquency pursuant to this section, such water service will remain cut off until the delinquency plus ten percent (10�) interest is paid , together with the sum of ten dollars ( $10.00) additional for the expense of turning the water off and on. SECTION 1332: RATE REDUCTIONS A. A rate reduction not to exceed one category shall be credited t� any non-residential parcel when acceptable storm water faciliti�s have been installed in excess of those facilities which are required by City, County, State or federal law, rules or regulations or in excess of facilities required to miti�gate identified environmental impacts under the State Environmental Policy Act (SEPA) . The storm water i�cilities which may be considered to qualify for rate reduction include but are not limited to storm retention, detention and recharge facilities. B. A rate reduction not to exceed two categories shall be credited to any non-residential parcel providing privately owned and maintained storm water drainage system which drains directly into Lake W�ashington, provided that th� drainage from the system meets or exceeds the water quality requirements of a permit which has been issued for said syst�m by the State Department of Ecology. For any parcel 5 acres in size or larger on which a portion of the on-site drainage discharges into the City' � storm water utility system and a portion of which �ischarges directly to Lake Washington via a privately owned and maintained storm water drainage system. the one category rate reduction credit allowed herein shall be prorated as follows : The ownership shall be analyzed to determine the number of acres which drain into the municipal system and th�e number of acres which discharge via the private system. That portion of the property which discharges into the municipal system shall be charged the full service charge as determined by the initial "basic" category. That p�rtion of the property which discharges via the private system shall be credited with a one-category rate reduction. C. To obtain a rate reduction, an application for the reduction must be filed in writing with the Director setting forth the category of the property, the constructed facilities, on the property and th2 reason for the reduction pursuant to Sections A or B above. ORDINANCE N0. 4065 D. No rate reduction shall be applied to an assessment until the Director has determined that the facilities which have been installed are functioning prop�rly and fulfill the intent of this section. If the facility for which the reduction is given should b� discontinued or cease to be oper�ted and maintained in a safe and effective manner then the reduction shall be withdrawn. E. No credit adjustment can reduce a property ass�ssment below the Low Intensity Category. F. Properties assessed by King County Drainage District No. 1 shall receive a credit for the amounts paid to the District. �ECTION 8-1333: DETERMINATION OF CATEGORY OF PROPERTY AND CALCULATION OF CHARGES. A. A11 pronerties other than single family residential properties shall be evaluated using the following criteria to determine the category of the property. All public .facilities, municipal facilities and quasi-municipal facilities shall be rated in their appropriate category. BASIC CATEGORY CRI�ERIA CATEGORY CRITERIA High Intensity Developed with 81-100g impervious surfaces. Medium Intensity Developed with 51-80� impervious surfaces. Low Int�nsity Developed with 0-50� impervious surfaces . Special Class Gravel pits, fill sites, City streets, public alleys, County, State, and Federal Highways and properties under construction. Undeveloped Lands in a natural stat� ( lan�s which have graded and/�r been filled preparatory to development pursuant to � special permit are in t�e special class) . 4 ORDINANCE NO. 4065 Exempt Golf course,dedicated, natural open space and properties belonging to City' s Water Works utility. B. To derive the "percentage of impervious surface coverage" the total area of impervious surface coverage of a parcel will be divided by the total parcel area exclusive of public streets and rights of way. C The following documents may be used to determine the initial basic category: 1 . King County Assessor ' s Records 2. Records of Survey, both public and private 3. Plan records or aerial photogrammetry 4 . Field inspection D. Calculations for charges 1 . A property which is less than one acre in size and which is developed with a use other than single family resid�ntial will be assessed as follows: a. A parcel which is 0 . 5 acres in size c�r smaller will be charged for 1/2 acre at the rate established for the basic category. b. A parcel which is greater than 0 . 5 �cres in size but smaller than 1 acre will be charged for one (1) acre at the rate established for the applicable category. 2. A parcel wk�ich is greater than 1.0 acre in size and which is developed with a use other than single family residential will be charged using the formula: ( total parcel size) times ( rate per acre e5tablished for the applicab.le category) . 8-1334 : ADJUSTMEC+TT OF CATEGORY DUE TO DE�TELOPMEN'I' OR CHANGES: After the initial �ssessment of a property, any further development which alters the storm drainage run-off shall result in a re-evaluation of the assessment category. The amen�ed service charge shall become effective upon the date of issuance of a grading permit if necessary, or if not necessary, issuance of a foundation permit for new development or building construction permit for redevelopment. 8-1335: APPEAL FROM CATEGORY DETERMINATION AND ASSESSMENT: 1. APPEAL. Any pro�erty owner who disputes the determination of property category, the area to be charged or the amount of a rate reduction, may file an appeal in accordance with the following procedure: a. The appeal petition shall be in writing, addressed to: 5 ORDINANCE N0. 4065 Director of Public Works Municipal Building 200 Mill Avenue South Renton, Washington 98055 b. Th� petition shall be filed with the City Clerk in person or via certified or registered mail no later than thirty ( 30) days after the date �f notification of the basis for charges or the initial monthly account billing. c. The petition shall include identification of property owner ( s) , any necessary details of the affected property, a description of existing improvements , and an explanation of the alleged errors or the basis for the appeal . d. The petition shall be accompanied or preceded by payment of any disput�d charge, so that the account is current. e. Upon receipt of the p2tition, the City Clerk shall check that the appeal was filed within thirty (30) days of the date o.f the notice of basi� for charges or the initial monthly account billing by the Finance Department and canfirm that payment of charges is current. The appeal shall then be forwarded to the Director . F. The Director shall review the appeal and shall notify the Petitioner of the results of that revi�w as soon as practicable. The date of mailing of such a notification shall constitute the response date. g. Any amendment to service charges, as a result o£ �n appeal process, shall be applied as a credit to billings subsequent to the final appeal decision. � 2. REVIEW APPEAL. Any owner who disputes any deteranination under this Section made by the Director through the appeal process may, within thirty ( 30) days of the date of notif_ic�ation of the appeal finding, request a review appeal by petitioning the City' s Hearing Examiner in writing for a hearing as follows: a. The review appeal petition shall be filed in person or by certified or registered mail addressed to: Land 'Jse Hearing Examiner Municipal Building 200 Mill Avenue South Rentpn, Washington 98055 b. The petition shall be accompaniec� by payment of a seventy- five dollar ($75. 00) £iling fee. 6 ORDINANCE N0. 4065 c. The review appea.l shall be on the record that was submitte� to the Director . The p�tition shall contain �n explanatio� of the alleged errors in the appeal finding. d. Pending final decision, the owner shall pay current charges . Failure to pay current charges shall result in dismissal of the appeal by the Hearing Examin�r . e. Hearing. ( i) Upon receiving such a pet.ition, the Hearing Examiner shall schedule a hearing within thirty ( 30) days. Notice of the hearing shall b` provide�l to the petitioner at least ten (10) days prior to the hearing. Following the hearing , � final determination shall be made in writing by the Hearing Examiner and the petitioner so notifi�d within thirty ( 30 ) days. ( ii) The Hearing Examiner shall a£firm the Director ' s decision unless the Examiner finds the Director' s decision to have been clearly erroneous. If the decision was clearly �rroneous , the Examiner may remand the matter to the Director or may recompute the applicable s�rvice charge ( iii) Following the Examiner ' s decision, any aggrieved party may within fourteen (14 ) days after the Examiner ' s decision, petition for reconsideration by the Examiner in accordance with City Code section4-3015. ( iv) Nothinq in this Chapter shall be construed as granting any right of judicial review which did not previously exist in law. The original or reconsideration decision of the Hearing Examiner shall be final and conclusive, unless a writ of revi�w is sought in the Superior Court of King County by an aggrieved party within twenty ( 20) calendar days of the mailing of the applicable Examiner ' s decision. 8-1348: SEVERABILITY: If any provision of this Ordinance or its application to any person or property is held invalid by a court of competent jurisdiction, the remainder of the Ordinance or the application of the provision to other persons or circumstances shall not be affected. 7 ORDINANCE I�10. 4065 SECTION II: This Ordinance shall be effective Upon its passage, approval and five (5) days after publication. PASSED BY THE CITY COUNCIL this llth day of May , 1987 ������ Maxine E. Motor, City Clerk APPROVED BY THE MAYOR this llth day of May , 1987 . �S.Q �v.� � 56z.�.r�.oc��`6Z.. Barbara Y. inpoch, Mayor Appro d as to form: GLtnl�v�P..v�,c�P <i'�'(�Vl-r-rQ�'--�' Lawrence J. Warre�n./ City Attorney Date of Publication: May 15, 1987 CITY: 28: 4/21/87 8