HomeMy WebLinkAboutORD 4065 � Amended by Ordinance No. 4293�t���;:
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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.
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� 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.
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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) .
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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:
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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.
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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.
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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
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