HomeMy WebLinkAboutUtilities 2010-10-26 Item 2B - Ordinances - Water and Sewer 4■8►LA w
City of Tukwila
Q Jim Haggerton, Mayor
190 INFORMATIONAL MEMORANDUM
TO: Mayor Haggerton
UTILITIES COMMITTEE
FROM: Public Works Director.
DATE: October 15, 2010
SUBJECT: Water Sewer Ordinances
ISSUE
Adopt new Water and Sewer Ordinances.
BACKGROUND
Tukwila Municipal Code Chapter 14 for the Water and Sewer Regulations has not been thoroughly
updated for some time. All sections now better reflect the regulations that are in use today. We have
included most of the fees in the Public Works Fee Schedule Resolution and for agencies such as
King County Department of Natural Resources, formerly known as METRO, we list "current rate
DISCUSSION
Most changes were minor housekeeping items such as changing "Supervisor" to "Director Listed
below are some of the significant changes and have been underlined in the ordinances.
Water
14.04.060 Removed Apparatus Standards and referred to appropriate infrastructure standards.
14.04.100 Removed Additional Property, since it is not charged a penalty as it is not allowed.
14.04.122 Special Meter Reads, now charged fees.
14.04.125 Section C. Unauthorized usage, added with fees.
14.04.150 Water Utility Billing, now with a fee to update utility records.
14.04.270 Interest will be charged on delinquent water balances, rather than a flat late fee.
14.06.030 Updated backflow prevention devices definitions.
Sewer
14.12.010 20 Removed Chapter Construction and definitions as they are in 14.04.
14.12.090 Removed "Repair" since a private property sewer repair does not require a permit.
14.12.200 Removed Inspection fees as they are already included with a permit.
14.12.250, 260 263 Updated Steam, Discharge of Foreign Substance Pretreatment Facilities.
14.16.020 Interest will be charged on delinquent sewer balances, rather than a flat late fee.
14.16.050 Sewer Responsibility of Owner to Pay, now with a fee to update utility records.
14.16.060 065 King County (formerly known as METRO) now charged at most current rate.
14.16.070 Regular connection charge, now in PW Fee Schedule Resolution.
14.17.050 Sewer connection and change of ownership, now including vacant lots.
RECOMMENDATION
The Council is being asked to approve the proposed Water and Sewer Ordinances and consider
these items at the November 8, 2010 Committee of the Whole meeting and subsequent November
15, 2010 Regular meeting.
Attachment: Draft Water Ordinance
Draft Sewer Ordinance
Exhibit D Public Works Fee Schedule Resolution (last pages of the agenda packet)
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DRAFT
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, REPEALING VARIOUS ORDINANCES AS CODIFIED AT
TUKWILA MUNICIPAL CODE CHAPTER 14.04 AND 14.06 RELATING TO
THE UPDATING AND EXPANDING OF THE REGULATIONS RELATING
TO WATER RATES AND BACKFLOW PREVENTION ASSEMBLIES
WITHIN THE CITY; PROVIDING FOR SEVERABILITY; AND
ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the City Council desires to have in place an equitable and adequate rate
structure to finance the operation and maintenance of the water utility; and
WHEREAS, the City Council desires to continue the pass through rate increases
received from the City's water supplier; and
WHEREAS, the City needs additional revenues to adequately fund the Capital
Improvement Program; and
WHEREAS, the administrative cost of servicing the water utility accounts increase
annually;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. Regulations established. "Water Management Fees and Regulations," to
be codified at Tukwila Municipal Code (TMC) Chapter 14.04, are hereby established to
read as follows:
14.04.010 Definitions.
A. "Director," wherever used in TMC Title 14, means the Director of Public Works
or his or her designee.
B. "Department," wherever used in TMC Title 14, means the Department of Public
Works.
C. "Person," wherever used in TMC Title 14, means and includes natural persons of
either sex, associations, partnerships, or corporations, whether acting by themselves or
by a servant, agent or employee; the singular number includes the plural and the
masculine pronoun includes the feminine.
14.04.020 Application to Connect Required. Any person desiring to be connected
with the City water supply system shall make application therefor to the Department.
Applications shall be made upon a printed form furnished for that purpose, which
application shall contain a description of the property where such water supply is
desired, the size of the service pipe, and shall be signed by the owner of the property to
be served or his duly authorized agent.
14.04.030 Contents of Application. The application provided for in Section
14.04.020 shall contain a contract on the part of the person making the same to pay for
the water applied for at the rate and in the manner specified in such contract, and shall
reserve to the City the right to charge and to collect the rates and enforce the penalties
provided for in this chapter, in the manner herein provided, to change the rates at any
time by ordinance; to temporarily discontinue the service at any time without notice to
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the consumer; and shall specify that said contract is subject to all the provisions of this
chapter and of any ordinance of the City relating to the subject hereafter passed; and
shall provide that the City shall not be held responsible for any damage by water or
other cause resulting from defective plumbing or appliances in the property supplied
with water, installed by the owner or occupant of said property; and shall provide that
in case the supply of water shall be interrupted or fail by any reason, the City shall not
be held liable for damages for such interruption or failure, nor shall such interruptions
or failures for any reasonable period of time be held to constitute a breach of contract on
the part of the City or in any way relieve the consumer from performing the obligations
of his contract.
14.04.040 Effective Date of Contracts. All contracts shall take effect from the day
they are signed and rates shall be charged from the day the property is connected with
the City water supply
14.04.050 Connection Procedure. Upon the presentation to the Director of the
receipt for the installation fees, the Director shall cause the property described in the
application to be connected with the City's water main by a service pipe extending at
right angles from the main to the property line and including a stopcock placed within
the lines of the street curb, which connection shall thereafter be maintained and kept
within the exclusive control of the City
14.04.060 Installation and Apparatus Standards and Specifications. The current
requirements of the Tukwila Municipal Code, the Tukwila Public Works Department,
the Tukwila Fire Department, the Rules and Regulations of the Washington State
Department of Health, the Uniform Plumbing Code, American Water Works
Association Standards, and the American Public Works Association Standards shall be
met and apply to any and all water main installations, extensions, service connection,
irrigation sprinkler connections, hydrant connection, fire sprinkler and fire main
connections, and branches hereinafter installed in the City. Detailed criteria and permit
requirements are available through the City of Tukwila Infrastructure and
Development Standards.
14.04.070 Connection Installation Fees. The water meter shall be installed by the
City water utility The water meter installation fee shall be payable at the time of
application for connection. Whenever the fee is not sufficient to cover the total expense
for labor, materials, and overhead, the deficit shall be charged to the property for which
installation was made and to the owner thereof. Any excess payment shall be returned
to the person applying for the installation.
14.04.071 Regular Connection Charge. In order that property owners shall bear
their equitable share of the cost of the City's entire water system, the property owner
seeking connection to the water system of the City shall pay, prior to connection to a
City water system, a regular water meter installation charge in accordance with the fee
schedule to be adopted by motion or resolution of the Tukwila City Council.
14.04.072 Special Connection Charge. In addition to the regular connection charge
imposed under TMC Section 14.04.071, a special connection charge shall be paid by the
owners of properties that have not been assessed or charged or borne the cost of private
development of mains or laterals or borne an equitable share of the cost of the City
water system. The special connection charge shall be computed as provided in TMC
Section 14.04.074 in the absence of latecomers' agreements, Local Improvement
Districts, or special assessment ordinances.
14.04.074 Computation of Special Connection Charge.
A. The special connection charge imposed by TMC Section 14.04.072 shall be paid to
the water fund and shall be computed in accordance with RCW 35.44.030 and 35 44.040
B. If the property for which a special connection charge has been paid is
subsequently included in a Local Improvement District for the construction of water
mains or lateral lines of a similar nature, the amount so paid shall be credited to the
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assessment against such property and such amount shall be paid from the water fund to
such Local Improvement District fund.
14.04.076 Regional Capital Facilities Charge. In addition to the regular connection
charge imposed under TMC Section 14.04.071 and any special corinection charges under
TMC Section 14.04.072, a regional system growth fee known as the Regional Capital
Facilities Charge (RCFC) shall be paid for all new residential, multi family housing, or
commercial service connections on or after January 1, 2003, for regional capital costs
associated with new supply and transmission of water. Property owners shall pay the
RCFC prior to permit issuance for connection to a City water system. The fee for this
expense shall be established by the Cascade Water Alliance and passed through without
additional markup.
14.04.080 Connection Notification. Whenever the owner or occupant of any
property connected with the City water supply system desires to use the water, he shall
notify the Director and request that the water be turned on to the property The owner
shall leave his portion of the service exposed in the trench until it has been inspected
and the water turned on, when he shall immediately cover the pipe.
14.04.090 Connection to Water Main. All water used for any purpose other than fire
protection service shall be supplied through a meter. Every house or building supplied
by City water must install its own separate service connection with the City main, and
the house or building so supplied will not be allowed to supply water to others, except
temporarily where there are no mains in the street. When a new main is laid in any
street, owners of property on the street who are being supplied with City water from a
private main or a connection to a private service shall make application for a tap and
shall connect up with a separate service connection to the main in front of the property
11.04.100 Additional property connection fez. If additional property is connected,
s eh- property may- Ise -eli j at double -t-lie rate'" -ttilnc it is in use, and the service
mane shut off and a charge of 4 t or turning 01
water shall be turned off as provided in this section, the same shall not be turned on
again until all rates and charges against such property have been paid in full.
14.04.110 Change in Size or Location of Connection. A change in the size or
location of a service connection shall be paid for by the owner on the basis of the cost of
materials and labor involved in making said change, plus administrative overhead.
14.04.120 Application to Discontinue Water Fee to Turn Water Meter On.
Whenever any water customer desires to discontinue the use of water for a period of
not less than one month, he shall make written application to have the water turned off
and pay all arrears in full. A charge in accordance with the fee schedule to be adopted
by motion or resolution of the Tukwila City Council will be assessed to turn water on.
No reduction of rates will be made for less than one month, or without the application
prescribed in this section. Work performed outside of normal working hours, due to
customer request, will receive an additional charge in accordance with the fee schedule
to be adopted by motion or resolution of the Tukwila City Council
14.04.122 Special Meter Read. Whenever a water customer desires to have the
water meter read outside the water department's normal meter reading schedule. a
written application shall be submitted soecifving the reauested read date. A fee will be
charged for this meter reading service in accordance with the fee schedule to be
adopted by motion or resolution of the Tukwila City Council.
14.04.125 Charge for Shut -off Notices for Delinquent Water Service Billings.
A. When water service customers are 60 days in arrears, a shut -off notice shall be
mailed or posted. There shall be a service charge on water accounts for all shut -off
notices in accordance with the fee schedule to be adopted by motion or resolution of the
Tukwila City Council. This fee will be applied first before regular service charges are
credited.
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B All monies in arrears, which is defined as the amount owing eleven days after
the billing date, are due upon receipt of a shut -off notice. To avoid water shut -off,
arrangements for payment may be made with the Finance Director
C. When water is used after the meter has been turned off and locked for non-
payment, an "unauthorized water turn -on fee" will be charged in accordance with the
fee schedule to be adopted by motion or resolution of the Tukwila City Council.
14.04.130 Cost of Shutoff and Turn -on by City. When water has been shut off by
the City for any cause and is turned on again or allowed or caused to be turned on by
the owner without written application, no remission of rates will be made on account of
its having been shut off, and the Director may then shut off the water at the main or
remove a portion of the service connection in the street, and shall charge the actual cost
of cutting out and reinstating the water supply to the owner of the property
14.04.150 Water Utility Billing. All accounts for water shall be kept in the
responsibility of the owner of the property for which the service was installed
regardless of whether the property has a tenant or third -party paying agents property
manager, and not in the -name of any tenant. A fee will be charged for the
administrative cost of updating the utility records for changes in owners, tenants. and
third party paving agents in accordance with the fee schedule to be adopted by
or resolution of the Tukwila City Council.
14.04.160 Chapter Compliance Required. It is unlawful for any person to make any
connection with any service or branch pipe thereof, or to make any repairs, additions,
or alterations of any pipe, stop, or waste, or any fixtures connected or designed to be
connected with the City water system, except in compliance with this chapter
14.04.165 Water Shortage Response Plan. A water shortage response plan is
required by the wholesale water supplier, the Cascade Water Alliance. and by the
public welfare to effect conservation of water during water emergencies. A water
shortage response plan for the Tukwila water system, as required by WAC 246 290 -42.
shall be updated by the Council as required.
14.04.170 Emergency Change in Water Use.
A. Upon finding that an emergency situation exists, the Director shall.
1. Immediately seek to communicate with the Mayor and Council through the
fastest means feasible to advise them of this emergency situation and the reason for
such restrictions.
2. Immediately take steps to notify the public within the service area affected
through the media and other means to advise said water users of such emergency water
conservation measures and the necessity thereof.
3. Implement such measures and regulations as may be necessary to implement
water use restrictions under this ordinance and the plan adopted in TMC Section
14.04.165
B. The Mayor, upon finding that an emergency situation exists which threatens to
seriously disrupt or diminish the municipal water supply, may order restrictions on
water use so as to distribute the available supply on a just and equitable basis to all
customers, including residential, industrial and commercial users who purchase water
C. Upon declaration of a water supply emergency by the Mayor, no water shall be
used for nonessential outdoor uses including, but not limited to, irrigation of lawns, the
washing of cars, driveways or other outdoor surfaces by any customer at any residence,
apartment building, commercial building, or property or structure except at such tunes
and under those conditions as specified by the Director. These restrictions are to be
implemented even though more restrictive than the plan provisions and shall in no way
limit indoor rationing provisions of the plan.
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14.04.175 Violations.
A. The Director shall be authorized to impose sanctions and /or surcharges upon
those customers within the affected area who refuse or otherwise fail to comply with
the emergency conservation measures directed by levying a surcharge in accordance
with the fee schedule to be adopted by motion or resolution of the Tukwila City Council
and/or disconnecting water service to said customers.
B. The restrictions and surcharge shall not compromise the health, safety or welfare
of the public. Exemption from the imposition of a surcharge may be granted by the
Mayor or Director in the Mayor's absence, upon written request, if it is found that a
surcharge will constitute an undue burden on the customer.
14.04.180 Water Falling on Street or Sidewalk. It is unlawful for any person
willfully to place any automatic sprinkling device in a wasteful manner or willfully to
place or to hold any hose in such position or manner that water falls on any person
while on any public street or sidewalk.
14.04.190 Violation of TMC Section 14.04.180. If any person violates any provision
of TMC Section 14.04.180, the City shall shut off the water furnished to the property
upon which such violation is made, and shall charge a fee for turning on the water in
accordance with the fee schedule to be adopted by motion or resolution of the Tukwila
City Council.
14.04.200 City Control of Water Use. The City reserves the right in case of a
shortage of water from any cause to make an order forbidding or suspending the use of
water for sprinkler or irrigation, or to fix the hours during which the same may be
done, by proper notice. Any person violating such order shall have his water shut off
by the City and shall pay a fee for having the water turned on again as in accordance
with the fee schedule to be adopted by motion or resolution of the Tukwila City
Council.
14.04.210 Use of Water Restricted During Fire. It is unlawful for any person to use
water for irrigation or sprinkling during the progress of any fire in the City, unless for
the protection of property; and all irrigation and sprinkling shall stop when an alarm of
fire is sounded, and shall not begin again until the fire is extinguished.
14.04.220 Right of City to Shut Off Supply. The City reserves the right at any time,
without notice, to shut off the water supply for repairs, extensions, nonpayment of
rates, or any other reason, and the City shall not be responsible for any damage such as
bursting of boilers supplied by direct pressure, the breaking of any pipe or fixtures,
stoppages or interruptions of water supply, or any other damage resulting from the
shutting off of water.
14.04.230 Meter Ownership and Maintenance. All meters on services of consumers
shall be and remain the property of the City. In all cases where meters are lost, injured
or broken by carelessness or negligence of owners or occupants, and in the case of
nonpayment, the water shall be shut off and will not be turned on until such fee and the
charge for turning on the water are paid. In event of the meter getting out of order or
failing to register properly, the consumer shall be charged on an estimate made by the
Director on the average monthly consumption during the last three months that the
same was in good order or from what he may consider the most reliable data at his
command.
14.04.240 Rates for Metered Water.
A. The rates for metered water supplied within the City for commercial/ industrial
customers, in one -month increments or any fractional part thereof, shall be in
accordance with the fee schedule to be adopted by motion or resolution of the Tukwila
City Council.
B Single family customers (one dwelling unit): Each single family residence shall
be charged in accordance with the fee schedule to be adopted by motion or resolution of
the Tukwila City Council.
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C. Multi- family customers (more than one dwelling unit) Each dwelling unit shall
be charged in accordance with the fee schedule to be adopted by motion or resolution of
the Tukwila City Council.
D. Every person 62 years of age or older (if married, then either spouse) and every
person totally and permanently disabled residing in a separately metered dwelling and
who is paying directly for such separately billed service either as owner, purchaser or
renter and whose individual disposable income if a single person, or whose combined
disposable income, if a married couple, from all sources is less than $32,000 per year,
shall pay a rate equal to 50% of all water service charges. Every such person shall file
with the Finance Department their affidavit that he or she is qualified to be charged the
special rate. Such affidavits are to contain information as required by the Finance
Director in order to establish eligibility. Each affidavit will also include an unqualified
promise to inform the City of any changes in financial condition that would disqualify
the person for the special rates. The Finance Director may require affidavits on an
annual basis if deemed necessary.
E. Tukwila's current fee schedule will be reviewed annually and at such time the
City may amend the water rates to reflect the City's increased costs.
14.04.245 Water Bill Leak Adjustments. City Administrative Policy No 300 -14,
"Utility Leak Adjustment Policy," is hereby adopted and incorporated into this chapter
by reference as if fully set forth herein. The Finance Director is required to maintain the
administrative leak adjustment policy. Changes to the policy require approval of the
City Council Finance and Safety Committee.
14.04.250 Fire Protection.
A. Any service connection to the main for a fire sprinkler system shall be approved
in advance by the City, and shall be installed at the expense of the owner, and fitted
only with such fixtures as are needed for fire protection and must be entirely
disconnected from those used for other purposes.
B. Any service connection other than fire sprinkler installed on private property for
fire protection, and fitted with fire hydrants, stand pipes or other outlets for fire
protection, shall be approved in advance by the City
C. It is unlawful for any person to fail, neglect or refuse to give the Director or his
duly authorized representative free access at all reasonable hours to all parts of
premises supplied with water from the City mains for the purpose of inspecting the
condition of pipes and fixtures and noting the amount of water being used and the
manner in which it is used.
D. The rates for water supplied for fire protection purposes exclusively shall be
deemed service charges and shall be, for any one month or fractional part thereof,
charged in accordance with the fee schedule to be adopted by motion or resolution of
the Tukwila City Council.
E. Water used for any other purpose than for fire protection service shall be
deemed as theft and the owner will be made liable for the cost of water used and a
meter shall be required on any fire protection service connection.
14.04.260 Rates Outside City Limits. The rates for water supplied to consumers not
within the City limits shall be as follows: The same rate schedule as provided in TMC
Sections 14.04.240 and 14.04.250 shall apply. The above rates to consumers outside the
City limits are subject to the same rates to consumers inside the City limits, provided
that nothing in this section shall prevent the City Council from fixing other and
different rates for the sale of water to water districts, provided that all meters for
measuring water to outside consumers are installed within the City limits or within the
limits of easements, franchises, or rights -of -way belonging to the City
14.04.270 Payment of Charges Delinauencv. All water charges and related fees
shall be due and payable on the first day of each and every month for the water
consumed and the services provided during the previous month and shall be paid to
the Finance Director. In all cases when the water bill becomes delinquent, the Director
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may shut off the water and shall not turn it on again until all arrearages have been paid.
All bills will become delinquent on the eleventh day of the month following the month
that the water was consumed. Interest will be charged on delinouent balances 30 days
in arrears in accordance with the fee schedule to be adopted by motion or resolution of
the Tukwila Citv Council.
14.04.280 Failure to Receive Bill. Failure to receive a bill will not be recognized as a
valid excuse for failure to pay fees when due. Change of ownership of property and
change in mailing address must be filed in writing with the Finance Director
14.04.290 Bathing or Discarding Substance in City Water System. It is unlawful for
any person to bathe in or to throw any substance into any reservoir, water tank, or
impounding dams of the City water system.
14.04.300 Connection Without Permission. It is unlawful for any person to make
connections with any fixtures or to connect any pipe with any water main or water pipe
belonging to the water system or to open or to close any valves in the system without
first obtaining permission from the Director
14.04.310 Supervisor Authority Appeal to Council. The Director shall have
authority to decide any question that may arise and that is not fully covered in this
chapter, and his decision shall be final unless an appeal is made to the City Council. In
such a case, the decision of the Council shall be final.
14.04.320 Payment by City for Fire Hydrant Supply. The City shall pay to the
Tukwila water department a monthly fee for water furnished to each fire hydrant in the
City in accordance with a fee schedule to be adopted by motion or resolution of the
Tukwila City Council.
14.04.330 Temporary Water Meters.
A. Temporary water meters are available on a rental basis from the Public Works
Department, with the rental deposit amount charged in accordance with the fee
schedule to be adopted by motion or resolution of the Tukwila City Council.
B. Meters are to be used only for the designated project.
C. Meters are to be returned promptly upon completion of the project or at the end
of 60 days, whichever comes first.
D Meters are to be returned in the same condition as when rented. The user is
responsible for meter damage and shall pay all costs related to repair Lost or stolen
meters are the responsibility of the renter and renter shall pay all costs associated with
replacement of the meter, shall forfeit the rental deposit and shall pay for an estimated
amount of water used.
E. Meters may be moved from one hydrant to another within the same project
providing:
1. Water Department is notified in advance of proposed relocation;
2. Hydrant wrenches are used in making all connections and disconnections.
F. Rates for water usage through temporary meters shall be charged in accordance
with the June through September Commercial /Industrial fee schedule to be adopted by
motion or resolution of the Tukwila City Council.
Section 2. New Regulations Established. Provisions for "Backflow Prevention
Assemblies," to be codified at Tukwila Municipal Code Chapter 14.06, are hereby
established to read as follows:
14.06.010 Purpose of Chapter. The purpose of this chapter is to protect the public
water system from contamination due to backflow through cross connections, and
eliminate or control cross connections between the public water system and any private
water supply.
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14.06.020 Authority.
A. The Public Works Director shall administer this chapter The Director's
authority includes the establishment of regulations and procedures, enforcement, and
implementation of measures necessary to carry out the intent of this chapter
B. The Director promulgates and implements the City's policy on cross connection
control for the operation of the Cross Connection Control Program. The Cross
Connection Control Program policy shall be enforced under the requirements of this
Chapter.
14.06.030 Definitions.
A. "Backflow" means undesirable reversal of flow of water or other substances
through a cross connection into the public water system or customer's potable water
system.
B. "Avvroved backflow vrevention assembly" means a RPPA, RPDH, DCVA, DCDA,
PVBA, or SVBA that is approved bv the Washington State Department of Health
(DOH). Assemblies that will be approved will appear on the current approved backflow
prevention assemblies list developed bv the University of Southern California
Foundation for Cross Connection Control and Hydraulic Research or other entity
acceptable to the DOH. or such other State department as shall have jurisdiction over
thc subject matter, and by the American Water Works Association, used to counteract
back pressure or prevent back siphonage into thc distribution system of a publis watef
supply.
C. "Cross- connection" means any physical connection whereby a public water supply
is connected, directly or indirectly, with anv other water supply system. sewer, drain,
conduit, pool. storage reservoir, plumbing fixture or other device that contains or may
contain contaminated water, sewage or other wastes or liouids of unknown or unsafe
quality, which may be capable of imp arting contamination to a public water supply as a
result of backflow. between a public water system and the customer's water system and
o gas that could contaminate the public
drinking water supply through backflow.
14.06.040 Cross Connections Declared Unlawful. The installation or maintenance
of a cross-connection, which in the opinion of the Director or any staff member that he
designates who is qualified in the protection of municipal water quality will endanger
the water quality of the potable water supply of the City, is unlawful.
14.06.050 Approved Backflow Prevention Assemblies. Approved backflow
prevention assemblies, when required to be installed in the opinion of the Public Works
Director or his designated representative, shall be installed and maintained by the
service customer on any service connection to the City's water supply system where
said approved backflow prevention assemblies are necessary for the protection of the
City's water supply.
14.06.060 Regulation of Private Water Supplies. Use or operation of a private water
supply system, contrary to the provisions of the ordinances of the City or the laws of
the State, or the rules and regulations of the State Department of Health regarding
public water supplies where said private system is served by the City public water
supply, is unlawful.
14.06.070 Adoption of State Regulations. Rules and regulations of the Washington
State Department of Health regarding public water supplies, entitled "Cross-
Connection Control Regulation in Washington State" WAC 246 290 -490, and the
American Water Works Association, Pacific Northwest Sections' Second Edition of
"Accepted Procedure and Practice in Cross Connection Manual" as they presently exist
and as they may, from time to time, be amended in the future, are adopted by this
reference as if set forth in full.
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14.06.080 Abatement of Unlawful Cross Connections and Installation of
Approved Backflow Prevention Assemblies Procedure. Cross connections declared
in TMC Chapter 14.06 to be unlawful, whether presently existing or hereinafter
installed, and/ or services requiring backflow prevention assemblies and/ or unlawful
use or operation of a private water supply system served by the City public water
supply system are public nuisances, and in addition to any other provisions of this code
or the ordinances of the City where abatement of public nuisances shall be subject to
abatement in accordance with the following procedure:
1. In the event that the Public Works Director determines that a nuisance as herein
provided does exist, written notice shall be sent to the person in whose name the water
service is established under the records of the City water department, or alternatively, a
copy of such written notice shall be posted on the premises served.
2. The notice shall provide that the nuisance described herein shall be corrected
within 30 days of the date said notice is mailed or posted on the premises.
3. In the event said nuisance is not abated within the prescribed time, water service
to said premises shall be discontinued.
4. In the event that the nuisance, in the opinion of the Public Works Director or his
designated representative, presents an immediate danger of contamination to the public
water supply, service from the City water supply system to the premises may be
terminated without prior notice, provided, however, notice will be posted on the
premises in the manner heretofore provided at the time said service is terminated.
14.06.090 Penalties. Any violation of any provision, or failure to comply with any of
the requirements of TMC Chapter 14.06, shall be subject to the terns and conditions of
Chapter 8.45 "Enforcement
Section 3. Repealer. Ordinance Nos. 951 §1 (part), 1770 (part), 1766 §1 (part),
1798 §2, 2001 §1, 2187 (part), and 2252 §1 (part) are hereby repealed.
Section 4. Severability. If any section, subsection, paragraph, sentence, clause or
phrase of this ordinance or its application to any person or situation should be held to
be invalid or unconstitutional for any reason by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of the
remaining portions of this ordinance or its application to any other person or situation.
Section 5. Effective Date. This ordinance or a sununary thereof shall be published
in the official newspaper of the City, and shall take effect and be in full force and effect
five days after passage and publication as provided by law
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a
Regular Meeting thereof this day of 2010.
ATTEST/ AUTHENTICATED
Jim Haggerton, Mayor
Christy O'Flaherty, CMC, City Clerk
Filed with the City Clerk:
APPROVED AS TO FORM BY. Passed by the City Council.
Published.
Effective Date:
Office of the City Attorney Ordinance Number.
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DRAFT
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON; REPEALING VARIOUS ORDINANCES AS CODIFIED AT
TUKWILA MUNICIPAL CODE CHAPTERS 14.08, 14.12 AND 14.16
RELATING TO THE UPDATING AND EXPANDING OF THE
REGULATIONS RELATING TO SEWER RATES AND DISCHARGE
WITHIN THE CITY; PROVIDING FOR SEVERABILITY; AND
ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the City Council desires to have in place an equitable and adequate rate
structure to finance the operation and maintenance of the sewer utility; and
WHEREAS, the City Council also desires to establish the appropriate fees for work
requiring a permit and inspection, and
WHEREAS, the City needs additional revenues to adequately fund the sewer utility
and capital improvements;
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. TMC Chapter 14.08, "Sewage Waste Disposal Systems," hereby reads as
follows:
14.08.010 County Ordinance Adopted. The regulations and provisions of Title 13 of
the Code of the King County Board of Health are hereby adopted. a copy of King
County. Washington, entitled "Board of Health On -site Sewage Regulations" can be
obtained from Public Health Seattle King County District Offices.
Section 2. TMC Chapter 14.12 "Sewer Regulations," hereby reads as follows:
14.12.020 Definitions.
A. Department." wherever used in TMC Chapter 14.12, means the Department of
Public Works.
B. "Director." wherever used in TMC Chapter 14.12. means the Director of Public
Works or his or her designee.
C. "Person," whenever used in TMC Chapter 14.12. means and includes natural
persons of either sex, associations, partnerships, or corporations, whether acting by
themselves or by a servant. agent or employee: the singular number includes the plural
and the masculine pronoun includes the feminine.
14.12.030 Notice Connection Requirements. The owner of each lot or parcel of
real property within the area to be served by the sanitary sewage disposal system, upon
which such lot or parcel of property there shall be situated any building or structure for
human occupancy or use for any purpose, shall within 30 days after the publication in a
newspaper of general circulation within the City of a notice signed by the Mayor and
City Clerk, for connections to be made therewith, cause a connection to be made
between the said sewage system and each such building or structure; provided that
where more than one such building is located on a lot or parcel of land not larger than
50 feet in width and 100 feet in depth, and all such buildings may be served by one
sanitary sewer connection, only one connection for all such buildings need be made. All
premises upon which any portion of any building is situated within 250 feet of a
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sanitary sewer line or lateral shall be deemed to be within the area served by said
sanitary sewage system. All connections shall be made to said sanitary sewage system
in a permanent and sanitary manner subject to the approval of the Director, and shall be
sufficient to carry all sanitary sewage and waste fluids of any kind from said buildings
into said sanitary sewage system, and each toilet, sink, stationary wash stand, or any
other piece or type of equipment having waste fluids shall be connected with said
sanitary sewage system; provided, that where such building or structure has not been
completed before the publication of such notice, connections shall be made on or before
the completion of such building or structure and before any use or occupancy.
14.12.040 Penalty for Late Connection Payment. If any connection shall not be
made within the time herein provided, the Director or such other employee of the City
as the Mayor or City Council designate is hereby authorized and directed to cause the
same to be made and to file a statement of the costs thereof with the City Clerk; and
thereupon a warrant shall be issued under the direction of the City Council against the
sewer fund for the payment of such cost. Such amount, together with a penalty of 10
plus interest at the rate of 8% per annum upon the total amount of such costs and
penalty, shall be assessed against the property upon which the said building or
structure is situated, and shall become a lien thereon as hereinafter provided as in the
case of delinquent sanitary sewer service charges. The total amount when collected
shall be paid into the sewer fund. In the alternative, if any such connection shall not be
made within the time hereinabove provided, the Director or such other employee of the
City as the Mayor and City Council may hereinafter designate, shall certify to the City
Clerk that the connection has not been made, and the City Council shall cause an action
to be instituted in the Superior Court of the State of Washington for King County
against the owner or owners of the property upon which the building or structure
requiring said person to forthwith cause the connection to be made. Nothing in TMC
Chapter 14.12 shall be construed to relieve the property owner from paying monthly
sanitary sewage service charges as herein established pending the making of the
connection.
14.12.050 Permit Required. It is unlawful for any person to make any opening in
any public sanitary sewer or to connect any private drain or sewer therewith, or to lay,
repair, alter or connect any private drain or sanitary sewer in a public street, avenue,
alley or other public place, unless such person has first obtained a permit to do so from
the Director.
14.12.060 Sanitary Side Sewer Installation Permit Required. It is unlawful for any
person to connect any private sanitary sewer system to the public sanitary sewer system
without complying with all the provisions of TMC Chapter 14.12 in relation thereto and
having a permit to do so from the Director.
14.12.070 Obtaining Permit to Install Sanitary Side Sewer. In order to obtain the
permit provided for in TMC Section 14.12.060, the owner shall file an application
therefor with the Department pursuant to TMC Section 18.104.060, together with plans
and specifications showing the whole course of the drain from the public sanitary sewer
to its connection with the building or premises, and all branches, traps and fixtures to
be connected therewith, which plans and specifications shall be submitted to the
Department for approval, and Director may change or modify the same and designate
the manner in which the connecting sanitary sewers shall be connected with the
building, the place where such connections with the public sanitary sewer shall be
made, and specify the material, size and grade of the connecting sanitary sewer, and
shall endorse his approval on such plans and specifications as originally prepared or as
modified and changed. The owner shall further provide an expressed written consent to
the Department to enter upon such premises for the purposes of inspection as
hereinafter provided. Upon approval of the plans and specifications, the Department
shall issue a permit to the owner to construct that portion of sanitary side sewer within
the owner's property, and shall also issue a work order to the street department to
install sanitary side sewer from sanitary sewer main to property line; and it is unlawful
for any person to alter the approved plans and specifications or to do any other work
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than is provided for in the permit, or to repair, extend, remove or connect to any private
sanitary sewer without first obtaining a permit as provided in TMC Chapter 14.12.
14.12.080 Issuance of Temporary Permit. At the discretion of the Department, a
temporary permit may be issued permitting connection to a public sanitary sewer,
sanitary sewer outfall, or sanitary side sewer The temporary permit shall be revocable
upon 60 days' notice posted on the premises directed to the owner or occupant of the
premises, and in the event that the private sanitary sewers are not disconnected at the
expiration of the notice, the Department of Public Works may disconnect the same and
collect the cost of the disconnection from the owner or occupant of the premises by suit
in any court of competent jurisdiction. Any such temporary permit shall be granted
only on the condition that the perrnittee will save the City harmless from any damage
by reason of the issuance or revocation of the temporary permit.
14.12.090 Permit to Construct or Extend Sanitary Sewer Inside Prooert
A. It is unlawful for any person to construct, extend, relay, or make connections to a
private or lateral sanitary sewer within the property line without obtaining a permit
therefor as provided in TMC Chapter 14.12 and filing a scale drawing showing the
location thereof, as provided in TMC Section 14.12.050
B The Department may issue the permit to the owner or agent of any property to
construct, extend, relay, or make connections to a lateral or private sanitary sewer
inside of property line provided that such owner or agent shall comply with the
applicable provisions of TMC Chapter 14.12.
14.12.100 Additional Work Permit. When a permit has been issued for a private
sanitary sewer or drain, as provided in TMC Chapter 14.12, no additional work shall be
put in without the approval of the Department, and a new permit must be taken out
covering all such additional work.
14.12.110 New Permit Fee. In case work shall not be done or completed within the
time specified in any permit and no extension thereof has been granted, a new permit
shall be applied for and all applicable fees will be charged.
14.12.120 Time Limit. No permit issued under the provisions of TMC Chapter 14.12
shall be valid for a longer period than that specified in the permit, but the same may be
renewed or extended at the reasonable discretion of the Director upon application
therefor prior to the expiration of the time originally limited in the perinit.
14.12.130 Display of Permit. The permit from the Department required under the
terms of TMC Chapter 14.12 must, at all times during the performance of the work and
until the completion thereof, be posted in some conspicuous place at or near the work.
14.12.140 Work Without a Permit. It shall be the duty of any police officer, in case
he finds any person engaged in the work of breaking the ground for the purpose of
making connections with the public sanitary sewer, to ascertain if such person has a
permit from the Department to make such sanitary sewer connections, and in the event
that such person has no permit for making such connections, it shall be the duty of such
officer to immediately report the fact to the Director
14.12.150 Description of Sanitary Side Sewers. All sanitary side sewers shall be
laid on not less than 2% grade, nor more than two vertical to one foot horizontal; shall
not be less than 30 inches from any building; shall have not less than 12 inches of cover
inside the property line; and shall be not less than six inches in diameter from the main
sanitary sewer to the property line. No storm drains, such as roof, patio or yard drains,
shall be connected directly or indirectly to the sanitary sewers. Not more than one
house shall be connected with a lateral sanitary sewer, except where such connection is
made inside the property line and the owner or owners of such property shall make and
file in the office of the City Clerk an easement for such purposes, except also, where
connection is to an existing sanitary side sewer within a public street, and written
permission from the owner or owners of the premises served by such sanitary side
sewer has been filed with the Director. In the event that physical or other conditions
render the enforcement of the above provisions impracticable, the Director may issue a
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special permit for the installation of a lateral or private sanitary sewer requiring
compliance only with the above conditions, as far as practicable; but such special permit
shall be issued only upon the condition that the permittee will save the City harmless
from any damages by reason of such installation.
14.12.170 Call for Inspection. Any person performing work under permit pursuant
to the provisions of TMC Chapter 14.12 shall notify the Director when the work will be
ready for inspection, and shall specify in such notice the location of the premises. If the
inspector finds the work or material used is not in accordance with the provisions of
TMC Chapter 14.12, he shall notify the person doing the work and also the owner of the
premises by posting a written notice upon the premises, and such posted notice shall be
all the notice that is required to be given of the defects in the work or material found in
such inspection, and a copy of such notice shall be kept on file in the office of the
Director
14.12.180 Inspection Before Trenches Filled. No trench shall be filled or any
connecting sanitary sewer covered, until the work from the point where the same
connects with the public sanitary sewer or other outlet to the point where it connects
with the iron pipe or other plumbing of the building or premises to be connected shall
have been inspected and approved by or under the directions of the Director and until
the same shall have been made in all respects to conform to the provisions of TMC
Chapter 14.12.
14.12.190 Inspector's Right of Entry. For the purpose of examining any or all
private sanitary sewers or drains and of ascertaining whether the provisions of TMC
Chapter 14.12 are being complied with, the Director or his duly authorized
representatives or agents shall, upon the issuance of a search warrant or in any
emergency or when consent has been given, at all reasonable times have the right to
enter and inspect such buildings; and it is unlawful for any person to prevent or
attempt to prevent any entrance or inspection, or to obstruct or interfere with any such
officer while engaged in such an inspection.
14.12.200 Inspection Fec. he cha for the first -two inspeetienper connection to
the City sewer system is included in the initial permit fee. For sac a
se 3ehedule to
.z" solution of the Tukwila City Council.
14.12.210 Improper Work Completion by City. If any work done in pursuance of
a permit granted, as prescribed in TMC Chapter 14.12, is not constructed and completed
in accordance with the provisions of TMC Chapter 14.12 and the plans and
specifications as approved by the Director, and if the contractor or person doing the
work refuses to properly construct and complete the work, notice of the failure or
refusal shall be given to the owner of the property, for whom the work is being done, as
provided in TMC Chapter 14.12, and the Director shall cause the work to be completed
and the sewer connected in the proper manner, and the full cost of the work and any
materials necessary therefor shall be charged and become a lien against the property,
and shall be collected in the manner provided in TMC Chapter 14.12.
14.12.220 Obstructed or Broken Sewer Repair. Whenever any private sewer
connected with any public sanitary sewer becomes obstructed, broken or out of order,
and if the owner, agent or occupant of the premises fails to repair the same after five
days when notified to do so by the Director, the Director is authorized to remove,
reconstruct, replace, alter or clear the same as he may deem expedient, at the expense of
the owner, agent or occupant of the premises; and when two or more houses or
buildings are connected with the same private sanitary sewer, the owners, agents or
occupants shall be jointly and equally liable for any work done by the City supervisor
under TMC Section 14.12.220
14.12.230 Injury to Public Sewers and Drains. It is unlawful for any person to
injure, break, remove or alter any portion of any manhole, clean -out, flush tank, or any
part of the public sanitary sewers or drains of the City
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14.12.240 Depositing Rubbish in Public Sewers and Drains. It is unlawful for any
person to deposit in any manhole, clean -out, flush tank, sanitary sewer opening, drain,
ditch, or natural water course any garbage, rubbish, dead animals or any substance that
will obstruct, or have a tendency to obstruct, the flow of any sanitary sewer, drain, ditch
or natural water course.
14.12.250 Exhaust Steam and Hot Water. No steam exhaust or blow -off, or any
heated water shall be discharged into a sanitary sewer having a temperature higher
than 150
14.12.260 Discharge of Foreign Substance into Public Sewer.
A. It is unlawful to discharge or cause to be discharged into any sewer any waste
which may have an adverse or harmful effect on the sanitary sewer system, public
treatment works, its personnel or equipment. None of the following waters or wastes
shall be discharged into the public sanitary sewer:
1. Polar and non -polar fats. oils. or grease (FOG) in amounts that exceed King
County wastewater division standards, cause a visible sheen on the discharge or in the
public sewer system: build -up of grease in any public sewer facility or which
accumulations either alone or in combination with other discharges cause obstructions
of the public sewer system,
2. Any benzene, fuel oil, or other flammable or explosive liquid, solid.
or gas,
3. Food waste or animal parts, including food grinder waste. that cannot pass
through a one auarter inch sieve;
4. Any ashes, cinders, sand, gravel, mud, straw, grass, metal, glass, rags,
feathers, tar, plastics, wood, paunch manure or anv other solid or viscous substances
capable of causing obstruction to the flow in sewers or other interference with the
proper operation of the sewerage works:
5. Any waters or wastes having a uH lower than 5.5 or higher than 9.0, or
having any other corrosive property of causing damage or hazard to structures,
equipment and personnel,
6. Any waters or wastes containing a toxic or poisonous substance in sufficient
auantity to iniure or interfere with any sewage treatment process. constitute a hazard to
humans or animals, or create any hazard in the receiving waters of the treatment plant;
7. Any water or wastes containing suspended solids of such character and
auantity that unusual attention or expense is reauired to handle such materials at the
sewage treatment plant:
8. Any noxious or malodorous substance capable of creating a public nuisance.
14.12.263 Pretreatment Facilities.
A. All such gases. acids and substances shall be intercepted by adequate and
suitable separation device or interceptor. installed in such a manner that allows the safe
and convenient removal of the waste product or other substances, materials or liquid as
identified in TMC Section 14.12.260. which shall not flow or be discharged into the
sanitary sewer system. All such interceptors shall be of design, construction and
capacity as shall be approved by the City Engineer. The grease interceptor shall be
adequately maintained and readily accessible for inspection by the City at any time to
ensure its proper operation.
B. This section is subject to the terms specified in "Enforcement" as set forth in TMC
14.12.265.
14.12.265 Unlawful Discharge Enforcement. All violations of TMC Section
14.12.260 shall be considered civil infractions, and are subject to the actions and
penalties set forth in TMC Chapter 8 45.
14.12.270 Discharge of Surface or Subsurface Drainage. It is unlawful to discharge
surface or subsurface drainage into any portion of the sanitary sewer system.
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14.12.280 Trees and Shrubbery Obstructing Sewers. It is unlawful to plant poplar,
cottonwood, soft maple, gum, or any other tree or any shrub whose roots are likely to
obstruct public or private sanitary sewers, within 30 feet of any public or private sewer
or drainpipe. The Director is authorized to remove any trees or shrubs from any public
street, or the roots of any trees or shrubs that extend into any public street, when said
trees or the roots thereof are obstructing, or when he determines they are liable to
obstruct, public or private sanitary sewers or drains; provided, however, that he shall
give ten days notice in writing to the owner or occupant of the abutting property to
remove the same; and if the owner or occupant fails refuses so to do so, the reasonable
cost of removal when done by the Director shall be a charge against, and a lien upon,
the abutting property from which such trees or shrubs are removed, and the Director is
authorized and directed to collect such charge by suit maintained in the name of the
City as plaintiff, against the owner, in any court of competent jurisdiction.
14.12.290 Non compliance Notice Remedy. When any sanitary sewer is
constructed, laid, connected or repaired, and does not comply with the provisions of
TMC Chapter 14.12, or where it is determined by the Director that a sanitary side sewer
is obstructed, broken or inadequate and is a menace to health, or is liable to cause
damage to public or private property, the Director shall give notice to the owner, agent
or occupant of the property in which such condition exists, of such condition, and if he
refuses to construct, relay, reconstruct or remove the obstruction of said sanitary side
sewer within the time specified in such notice, the Director may perform such work as
may be necessary to comply with TMC Chapter 14.12, and the cost of such work as
done by the Director shall be assessed against the property or collected from the person
responsible for the condition, and the amount thereof shall become a lien upon the
property, and the City Attorney is authorized, empowered and directed to collect such
cost, either by the foreclosure of the lien or by a suit against the owner or occupant of
the property, or other person responsible for such condition, which suit shall be
maintained in the name of the City as plaintiff, in any court of competent jurisdiction.
14.12.300 Regulation Authority. The Director may make and issue such rules and
regulations as may be expedient and necessary to carry out the provisions of TMC
Chapter 14.12.
14.12.310 Lien Collection Notice.
A. Whenever any sum of money is to be charged as a lien upon the particular
property upon which work shall be done by any department of the City under the
terms and provisions of TMC Chapter 14.12, the manner and method of collecting said
amounts shall be substantially as follows:
The owner or agent of the property shall be given a notice in writing by the
Department that said owner or agent is required to do the particular work at the
expense of the property owner The notice shall be in substantially the following form.
"To Owner, and Agent, of that certain property
described as Lot in Block_, Addition to the City of Tukwila, King County,
Washington:
You are hereby notified to perform the following work upon the above described
property within 10 days of the date of the service of this notice upon you, viz..
And you are further notified that if you do not perform said work within said
period of 10 days, then the City of Tukwila will perform the same and charge the
amount of said work against said property, and will proceed to collect the same
according to law.
The City Of Tukwila
By
Director"
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B. A copy of this notice shall be posted upon the property affected, and a further
copy shall be mailed to the agent or owner at his last known address. In case the agent
or owner fails to perform the work within ten days, after the notice shall have been
mailed and posted, then the work shall be done by the proper department of the City;
and as soon as practicable after the work is performed, the owner or agent shall be
notified in the same manner as provided in TMC Chapter 14.12, that the work has been
done by the City, and of the amount of the charge for doing the work and shall require
either to pay to the Finance Director said amount, within 30 days after the date of the
posting and mailing of the notice to him, or to file with the City Council objections in
writing against said charge. The form of notice just provided for shall be substantially
as follows:
"To Owner, and Agent, of that certain property
described as Lot in Block J Addition to the City of Tukwila, King County,
Washington:
You are hereby notified that pursuant to a former notice given you upon the
day of 20 the City of Tukwila has performed the work required to be
done pursuant to the said former notice, and that the cost and expense of doing said
work is the sum of dollars. You are further notified that unless you pay said
amount to the City Finance Department, or file objections against said amount within 30
days of the date of service of this notice upon you, the same shall be a lien against the
above described real property and will be collected by the City of Tukwila according to
law.
The City Of Tukwila
By
Director"
C. The City Council shall at its next regular meeting after the filing of any objections
or as soon thereafter as may be convenient, hear the same. At such hearing, the Council
may take any action in the matter as may seem just. After said hearing, or after the
expiration of the 30 -day period hereinbefore provided for when no objection is filed, the
amount thereof shall become a lien against the property upon which the work was
performed, and the City Attorney is authorized to proceed to collect the amount in any
lawful manner
Section 3. TMC Chapter 14.16, "Sewer Charges," hereby reads as follows:
14.16.010 Definitions
A. "Commercial and industrial sewage service" means sewage collection and /or
sewage disposal service, furnished or available to the use of premises used or engaged
in the selling, manufacturing, processing, and/ or dispensing of products or services, or
otherwise catering to the public.
B. Department." wherever used in TMC Title 14. means the Department of Public
Works.
C. "Director." wherever used in TMC Title 14. means the Director of Public Works
or his or her designee.
B "Dwelling unit" means a unit in an apartment house, rooming house, trailer
court, motel, hotel, building or space for human habitation having plumbing facilities
for preparation of food, washing dishes, etc., and /or for bathing, and for toilet
purposes, for the exclusive use of the individual or individuals occupying the dwelling
unit.
C. "Multiple dwelling (permanent type) sewage service" means sewage collection
and/ or sewage disposal service, furnished or available to the use of premises used for
renting of apartments, rooms, other dwelling units with water connections, providing
for human habitation on a permanent basis.
D. "Multiple dwelling (transient type) sewage service" means sewage collection and /or
sewage disposal service, furnished or available to the use of premises used for renting
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of motels, hotels, trailer space, and any other building or space providing for human
habitation on a transient basis.
E. "Multiple tenant commercial and /or industrial unit sewage service" means sewage
collection and /or sewage disposal service, furnished or available to the use of premises
used for renting, leasing, subleasing or sale to more than one tenant within a single
structure for the purpose of retail or wholesale sales, commercial or industrial use for
the manufacture, processing, assembly, disassembly or other related use of similar
nature.
F. "Person." whenever used in TMC Title 14. means and includes natural persons of
either sex, associations, partnerships, or corporations. whether acting by themselves or
by a servant. agent or employee; the singular number includes the plural and the
masculine pronoun includes the feminine.
G. "Recipient of service" All property owners within the City, within the area served
by the sewerage system of the City, are hereby required and shall be compelled to
connect their private drains and sewers with the sewerage system of the City; and it is
unlawful for any property owner to fail or refuse to make such connections.
H. "Residential sewage service" means sewage collection and /or sewage disposal
furnished or available to the use of premises used primarily for human habitation,
excluding those premises used for the renting of rooms, apartments, and trailer space.
I. "Sanitary side sewer" means a sanitary sewer laid generally perpendicularly from
a main sanitary sewer in a public right -of -way to the property line of the property to be
served by the sewage collection and or sewer disposal service.
J. "School sewage service" means sewage collection and or sewage disposal service
furnished or available to the use of premises used for public and or private schools.
K. "Sewage collection system" means the collection and carrying of sewage through
the City's system of sanitary sewers.
L. "Sewage disposal service" means the disposition of sewage by purification in a
sewage treatment plant.
14.16.020 Date of Commencement and Payment for Charges. Charges shall be
made for all sewage collection service and/ or sewage disposal service furnished, or
available for use, from November 30, 1961. Service and charges shall be on a monthly
basis, from thc 28- o o All
billing is made, and shall be delinquent after that date. All charges shall be billed to the
recipient premises, or to the Yers'e n charged for water furnished by the City, if other
than thc owner. All sewer charges and related fees shall be due and savable on the first
day of each and every month for the sewer and services provided during the previous
month and shall be paid to the Finance Director. All bills will become delinquent on the
eleventh day of the following month.
14.16.030 Schedule of Charges. Rates and charges for sewer service furnished and
available for use shall be paid by the owner of the property and shall be as follows:
1. Residential Sewage Service (single dwelling unit) A flat monthly rate for each
single family residence shall be charged in accordance with the fee schedule to be
adopted by motion or resolution of the Tukwila City Council. Every person 62 years of
age or older (if married, then either spouse) and every person totally and permanently
disabled residing in a separately metered dwelling and who is paying directly for such
separately billed service either as owner, purchaser or renter and whose individual
disposable income, if a single person, or whose combined disposable income, if a
married couple, from all sources is Less than $32,000 per year, shall pay a rate equal to
50% of sewer service charges. Every such person shall file with the Finance Department
their affidavit that they are qualified to be charged the special rate. Such affidavits are
to contain information as required by the Finance Director in order to establish
eligibility Each affidavit will also include an unqualified promise to inform the City of
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any changes in financial condition that would disqualify the person for special rates.
The Finance Director may require affidavits on an annual basis if deemed necessary.
2. Residential Sewage Service (multiple dwelling unit, permanent type) A flat monthly
rate for each dwelling unit shall be charged in accordance with the fee schedule to be
adopted by motion or resolution of the Tukwila City Council.
3 School Sewage Service The rate shall be the commercial /industrial sewage rate.
4. Commercial and Industrial Sewage Service Each account will be charged a flat
monthly rate in accordance with the fee schedule to be adopted by motion or resolution
of the Tukwila City Council. In addition, the charge for sewage service on premises
using more than 750 cubic feet of water per month shall be at the rate per 750 cubic feet,
in accordance with the fee schedule to be adopted by motion or resolution of the
Tukwila City Council.
5. Payment of charges Interest will be charged on delinouent balances 30 days in
arrears in accordance with a fee schedule to be adopted by motion or resolution of the
Tukwila City Council. All balances will become delinouent on the eleventh day of the
month following the month that the sewer service was provided.
14.16.040 Special Rates.
A. Nothing herein shall be construed to prevent the charging of special rates under
agreement between the City and commercial and/ or industrial recipient.
B For the properties complying with TMC Section 14.16.040, the charges for sewer
services outside the corporate limits of the City shall be the same as those charged
within the City, provided that the parties seeking the service shall have paid for the
construction of their sewer by a Local Improvement District or by and at their sole
expense in accordance with applicable ordinances, regulations, specifications and
comprehensive sewage plans of the City. Prior to the connection of the sewer service
outside the City limits, a written sewer service contract shall be made and executed
between the City and the customer.
C. For those properties outside the City corporate limits requesting sewer service
who do not comply with the provisions of TMC Section 14.16.040B, the charges for
sewer service shall be two times the amount chargeable under TMC Section 14.16.030, if
the service was provided within the corporate limits of the City. Prior to the connection
of the sewer service outside the City limits, a written sewer service contract shall be
made and executed between the City and the customer.
D. The connection of service outside the City limits shall be solely at the discretion
of the City Council.
14.16.050 Responsibility of Owner to Pay. All accounts for sewer shall be the
responsibility of the owner of the property for which the service was installed
regardless of whether the property has a tenant or third -party paving agents. A fee will
be charged for the administrative cost of updating the utility records for changes in
owners, tenants. and third party paving agents in accordance with the fee schedule to
be adopted by motion or resolution of the Tukwila City Council.
14.16.055 Sewer Bill Leak Adjustments. City Administrative Policy No. 300 -14,
"Utility Leak Adjustment Policy," is hereby adopted and incorporated into this Chapter
by reference. The Finance Director is required to maintain the administrative Utility
Leak Adjustment Policy. Changes to the Policy require approval of the City Council
Finance and Safety Committee.
14.16.060 City/King County Agreement Charges. In addition to those charges set
forth in TMC Section 14.16.030, there shall be charged each month those charges as set
forth and defined in Section 5 of the Tukwila /King County agreement as adopted by
Ordinance 461. King County is the King County Department of Natural Resources and
Parks, Wastewater Treatment Division.
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14.16.065 City/King County Wastewater Treatment Rate
A. Regular Rate: The City /King County METRO charges as provided in TMC
Section 14.16.060 and as required by the Agreement for Sewage Disposal between King
County METRO and the City of Tukwila is set at the most current King County rate per
month per residential customer and per residential customer equivalent as now defined
or hereafter amended in the agreement for sewage disposal between King County
METRO and the City of Tukwila.
B. Reduced Rate. Every person 62 years of age or older (if married, then either
spouse) and every person totally and permanently disabled residing in a separately
metered dwelling and who is paying directly for such separately billed service either as
owner, purchaser or renter and whose individual disposable income, if a single person,
or whose combined disposable income, if a married couple, from all sources is less than
$32,000 per year, shall pay a rate equal to 50% of the City King County METRO charge.
Every such person shall file with the Finance Department their affidavit that they are
qualified to receive the special rate. Such affidavits are to contain information as
required by the Finance Director in order to establish eligibility Each affidavit will also
include an unqualified promise to inform the City of any changes in financial condition
that would disqualify the person for special rates. The Finance Director may require
affidavits on an annual basis if deemed necessary
14.16.070 Regular Connection Charge. In addition to the permit fees required by
TMC Chapter 14.16, the property owner seeking connection to the sewerage system of
the City, in order that such property owner shall bear his equitable share of the cost of
the City's entire sewer system, shall pay, prior to connection to a City sewer, a regular
connection charge in accordance with the fee schedule to be adopted by motion or
resolution of the Tukwila City Council.
1. The fee for each single dwelling house ^hallae $1n 0n
;s, trailer and auto courts or motels or similar structures, shall be
$150.00 for the first dwelling unit and $5000 for each additional dwelling unit.
3 The fee for any hotel, office building, store, church, school, college;
the rate of 1/2 cent per square foot of floor space of said building or structure for the
first 100,000 square feet, and 1/4 cent per square foot for any remainingss
of 100,000 square feet, .c a maximum fee limit of $1,500. The minimum fcc for
14.16.072 Special Connection Charge. In addition to the regular connection
charge imposed under TMC Section 14.16.070, a special connection charge shall be paid
by the owners of properties which have not been assessed or charged or borne an
equitable share of the cost of the City sewerage system. Such charge shall be paid prior
to connection to the City sewer and shall be in an amount to be computed under TMC
Section 14.16.074.
14.16.074 Special Connection Charge Computation. The special connection
charge imposed by TMC Section 14.16.072 shall be paid to the sewer fund and shall be
computed as follows:
1. For lateral sewers The number of units of property furnished to be served by the
sewer determined in the manner prescribed in RCW 35 44.030 and 35.44.040 for
determining "assessable units of frontage" shall be multiplied by the average five -year
local improvement assessment per unit of frontage for lateral sewers for the five -year
period in which the property to be connected was constructed and accepted as
completed, as follows:
Year 1 1955 -59 1 1960 -64 1 1965 -69 1 1970 1
Sewer $5.26 $8.11 $10.97 $12.00
Rate
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The lateral sewer charge shall be waived by the City providing the owner, developer
or applicant constructs at his own expense a sanitary sewer to serve his property, and
providing that the sewer is in compliance with the comprehensive sewage plan and
specifications and requirements of the City The City shall also waive the area or trunk
sewer charge if the owner, developer or applicant constructs at his sole expense a
sanitary sewer so as to serve other properties, and is over -sized to accept sewage
generated from other properties, which properties are not contributing to the
construction cost of the over sizing. The construction shall be in accordance with the
comprehensive sewage plan and specifications and requirements of the City
2, For trunk sewers The number of square feet of property area to be served by the
sewer shall be multiplied by the average local improvement assessment per square foot
for trunk sewers for the five -year period in which the trunk sewer to which the lateral
sewer serving the property is to be connected was constructed and accepted, as follows:
I Year 1 1955 -59 1 1960 -64 1 1965 -69 I 1970 I
I Sewer Rate
per Su. Ft. .0160 0195 0200 0200
Such special connection charge for property abutting on a street, in which a sewer can
be constructed or extended to serve such property, shall be computed as if the sewer
were so constructed or extended, and the special connection charge for property located
back from the margin of the street in which the sewer exists and outside of the
assessment district created therefor shall be made giving consideration to the distance
of the property from the street margin. In no case shall credit be allowed for the cost of
extra length of side sewer required for connection to the City's sewerage system.
Provided, that in cases where application of the foregoing formula to a particular
property results in a charge which because of unusual conditions is in excess of charges
to similar properties, the Director with express approval of the City Council is
authorized to reduce the special connection charge to the amount charged to properties
similarly situated.
14.16.076 Special Connection Charge Inclusion of Property in Local
Improvement District Credit. If the property for which a special connection charge
has been paid is subsequently included in a Local Improvement District for the
construction of sewers of a similar nature, the amount so paid shall be credited to the
assessment against such property, and such amount shall be paid from the sewer fund
to such Local Improvement District fund.
14.16.078 Side Sewer Stub Installation. If the side sewer stub has not been installed
to the property line where the property owner elects to connect, it shall be his
responsibility to acquire the necessary permits and bear the cost of all necessary
construction to provide the required side sewer stub connection to the sanitary sewer
Any property served by the sewer stub connection that has been installed, but which
was never assessed nor paid for, shall pay the charge in accordance with the fee
schedule to be adopted by motion or resolution of the Tukwila City Council prior to
connection to or for the stub.
14.16.080 Conformance to Comprehensive Sewage Plan Lateral and Trunk Sewer
Dedication. No sewer shall be connected to the City system that does not conform to
the comprehensive sewage plan. Prior to being accepted by the City and connected to
the City sewer system, all lateral and trunk sewers shall be dedicated to the City
pursuant to a developer's agreement or similar agreement satisfactory to the City
14.16.090 Lien for Unpaid Charges. The City shall have a lien against the property
to which sewer service has been furnished for the delinquent and unpaid rates and
charges therefor in accordance with the fee schedule to be adopted by motion or
resolution of the Tukwila City Council. All costs and fees of foreclosing the unpaid
sewer costs shall be included in the charges to be paid. The City shall and is required to
enforce said liens and foreclose the same in the manner provided by law
14.16.100 Police Power. It is declared to be necessary for the protection of the health
of the people of Tukwila that all property within the City within the area served by said
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sewerage system be connected therewith, and TMC Chapter 14.16 is declared to be an
exercise by the police power of the City
14.16.110 Penalty for Violation. Any violation of any provision, or failure to
comply with any of the requirements of TMC Chapter 14.16, shall be subject to the
terms and conditions of TMC Chapter 8.45 "Enforcement
Section 4. TMC Chapter 14.17 "Allentown Sewer and Water Connections," hereby
reads as follows:
14.17.010 Allentown Phase I Sewer Connection Charge.
A. Allentown Phase I buildings existing on September 1, 1996 shall connect to the
sewer and pay associated connection charges, if any portion of any building is situated
within 250 feet of a sanitary sewer line or lateral and if:
1. Septic or health problems are identified by King County Health Department
that require repair of the septic tank system, or
2. The home changes ownership, or
3. Remodeling occurs adding a bathroom or bedroom.
B. Homes north of S. 124th St. on 43rd Ave. S. and on 44th Ave. S. existing on
March 1, 1996 are exempt from connection charges as the sewer was constructed as part
of the King County Metro project at no charge to the City or the property owners.
C. Allentown sewer connection charges by year will be given a 10% reduction for
connecting before January 31, 1998 to encourage early connections and the base fee of
$7,278.00 will be increased $363 90 per year until 2006 in accord with RCW35 92.025•
UNTIL CHARGE
January 31, 1998 $6,550.20 10% reduction
January 31, 1999 $7,278 00 Base price
January 31, 2000 $7,641 90
January 31, 2001 $8,005.80
January 31, 2002 $8,369.70
January 31, 2003 $8,733.60
January 31, 2004 $9,097.50
January 31, 2005 $9,461 40
January 31, 2006 $9,825.30
January 31, 2007 $10,189.20
in accord with RCW 35 92.025 where it is capped at $10,189.20
D Payment methods for Allentown Phase I sewer connection charges are:
1 Deferring connection fee or subsidizing low income applicants who qualify in
accord with CDBG block grant requirements in effect at the time of application,
2. Connection charges for Phase I residences existing September 1, 1996 may
pay the sewer connection charge on a time plan with their monthly bills. The monthly
payment with an annual interest rate of 5% will be calculated for a 5 7 -,10 12 or 15-
year term.
3. Only existing individual single family applicants are eligible for the payment
plans. New homes constructed after September 1, 1996 shall make full sewer
connection fee payment before issuance of the City of Tukwila's building permit.
Change of ownership requires payment in full of connection fees. Remodeling
construction shall pay connection fees prior to issuance of building permit unless home
is on the payment plan, which may be continued.
4. Monthly payments may be started prior to obtaining a sewer connection
permit.
5. Monthly payments may be initiated as a payment method until January 31,
2001 for Phase I.
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E. Notice of sewer availability and corulection requirements shall be placed on titles
of properties within the Allentown area with sewer service.
14.17.020 Allentown Phase I and Ryan Hill Regular Water Connection Charges
A. Existing facilities connected to the water system will not be assessed a water
connection fee.
B Allentown water connection fees for any new single family connection increase
$198.40 per year:
UNTIL CHARGE
January 31, 1998 $3 968.00
January 31,1999 $3 968.00
January 31, 2000 $4,166 40
January 31, 2001 $4,364.80
January 31, 2002 $4,563.20
January 31, 2003 $4,761.60
January 31, 2004 $4,960.00
January 31, 2005 $5,158 40
January 31, 2006 $5,356.80
January 31, 2007 $5,555.20
in accord with RCW 35.92.025 where it is capped at $5,555.20
C. Ryan Hill water connection fees for any new single family connection increase
$207.30 per year:
UNTIL CHARGE
January 31, 1998 $4,146 40
January 31, 1999 $4,146 00
January 31, 2000 $4,353.30
January 31, 2001 $4,560.60
January 31, 2002 $4,767 90
January 31, 2003 $4,975.20
January 31, 2004 $5,182.50
January 31, 2005 $5,389.80
January 31, 2006 $5,597 10
January 31, 2007 $5,804.40
in accord with RCW 35 92.025 where it is capped at $5,804.40
14.17.030 Allentown Phase I Service Area Boundaries. Allentown is bordered by
the BNSF railroad on the east, the Duwamish River on the south and the west, and S
115th St. on the north. Ryan Hill includes the area approximately bounded by S. 114th
St., 51st Ave. S., S. Ryan Way, and 47th Ave. S. Allentown is depicted on map, Figure
14 -1 (attached to the ordinance codified herein as Exhibit A) and Ryan Hill on Figure
14 -2 (Exhibit B); both maps are incorporated herein by this reference as if set forth in
full.
14.17.050 Allentown Phase II and Foster Point Sewer Connection Charges
A. Allentown Phase II and Foster Point buildings existing on September 1, 2007
shall connect to the sewer and pay associated connection charges if any portion of any
building is situated within 250 feet of a sanitary sewer line or lateral, and if:
1. Septic or health problems are identified by King County Health Department
that require repair of the septic tank system.
2. The home changes ownership
3. Remodeling occurs adding a bathroom or bedroom.
B. Tukwila's Allentown Phase II and Foster Point sewer connection fee will start at
$15,000 and increase by $600 (4% of $15,000) per year until 2017, in accordance with
RCW 35.92.025:
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UNTIL CHARGE
December 31, 2008 $15,000.00
December 31, 2009 $15,600 00
December 31, 2010 $16,200 00
December 31, 2011 $16,800.00
December 31, 2012 $17,400.00
December 31, 2013 $18,000 00
December 31, 2014 $18,600.00
December 31, 2015 $19,200.00
December 31, 2016 $19,800.00
December 31, 2017 $20,400 00
The maximum Allentown Phase II and Foster Point sewer connection fee thereafter
will be $20,400.00, in accordance with RCW 35 92.025.
C. Payment options for Tukwila's Allentown Phase II and Foster Point sewer
connection fees are as follows:
1. Sewer connection fees for Allentown Phase II and Foster Point residences
existing prior to September 1, 2007, may be deferred if applicants qualify as low income
households in accordance with City policies that are in effect at the time of application.
The sewer connection fee will be placed as a lien on the property's title, and shall be
paid before there is a change of ownership
2. Sewer connection fees for Allentown Phase II and Foster Point residences
existing prior to September 1, 2007, may be paid on a time plan, included with their
monthly water bills. The monthly payment, with an annual interest rate of 4 will be
calculated for a 5 -year, 10 -year, or 15 -year term. Only existing individual single- family
applicants are eligible for the payment plans.
3. New homes constructed after September 1, 2007 shall make full sewer
connection fee payment before issuance of the City of Tukwila's building permit. New
homes also shall pay in full the current fee set for the King County Sewer capacity
charge, and bring proof of payment to the City's Permit Center prior to the Public
Work's final inspection approval.
4. Chang e of ownership, including change of ownership of vacant lots. reauires
payment in full of the sewer connection fees. Remodeling construction shall pay sewer
connection fees before issuance of building permit unless home is on the payment plan,
which may be continued.
5. Monthly payments may be started prior to obtaining a sewer connection
permit.
6. Monthly payments may be initiated as a payment method until December 31,
2017 for Allentown Phase 2 and Foster Point. After December 31, 2017, the sewer
connection fee shall be paid in full.
D. Notice of sewer availability and connection requirements shall be placed on titles
of properties within Tukwila's Allentown Phase 2 and Foster Point area with sewer
service.
14.17.060 Allentown Phase II and Foster Point Water Connection Charges
A. Residences existing prior to September 1, 2007 and connected to the water
system will not be assessed a water connection fee.
B. New homes constructed after September 1, 2007 are required to make full water
connection fee payment upon issuance of the building permit.
C. Tukwila's Allentown Phase II and Foster Point water connection fees will start at
$8,247.13 for any new single family water connection, and will increase by $329.88 (4%
of $8,247 13) per year until 2017, in accordance with RCW 35.92.025•
UNTIL CHARGE
December 31, 2008 8,24713
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December 31, 2009 8,577.01
December 31, 2010 8,906.89
December 31, 2011 9,236 77
December 31, 2012 9,566.65
December 31, 2013 9,896.53
December 31, 2014 $10,226 41
December 31, 2015 $10,556.29
December 31, 2016 $10,886 17
December 31, 2017 $11,216.05
The maximum Allentown Phase II and Foster Point water connection fee thereafter will
be $11,216.05, in accordance with RCW 35 92.025.
14.17.070 Phase II Service Area Boundaries. Allentown is bordered by the BNSF
railroad on the east, the Duwamish River on the south and the west, and South 115th
Street on the north. Foster Point is bordered by South 130th Place to the east, the
Duwamish River on the south and the north, and includes 56th Avenue South, 57th
Avenue South, South 133rd Street and Pamela Drive. The areas are shown on the
attachment to this ordinance, and incorporated herein by this reference as if set forth in
full.
14.17.080 Funding Recovery Review. The successful implementation of later phases
of the Sewer Plan for the four residential areas is dependent on the repayment of
general fund revenues from the connection fees. The City Council will review
connection requirements, exemptions and other revenue recovery alternatives to insure
the sewer plan remains viable and adequately funded.
Section 5. Repealer. Ordinance Nos. 342; 578 (part); 599 §1, 941 §1; 1714 §1 (part);
1770 §7, §8, §9, and 910; 1777, 1838 911, 2026 91, 92 and 93; 2138 91, 2177, 2212 91; 2243
91, and 92, 2252 92; are hereby repealed.
Section 6. Severability. If any section, subsection, paragraph, sentence, clause or
phrase of this ordinance or its application to any person or situation should be held to
be invalid or unconstitutional for any reason by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of the
remaining portions of this ordinance or its application to any other person or situation.
Section 7. Effective Date. This ordinance or a summary thereof shall be published
in the official newspaper of the City, and shall take effect and be in full force January 1,
2011 and will include consumption used for the January 31, 2011 Sewer /King County
billing calculations.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON,
at a Regular Meeting thereof this day of 2010
ATTEST/ AUTHENTICATED:
Jim Haggerton, Mayor
Christy O'Flaherty, CMC, City Clerk
Filed with the City Clerk:
APPROVED AS TO FORM BY: Passed by the City Council.
Published.
Effective Date:
Office of the City Attorney Ordinance Number:
Attachments: Exhibit A Allentown Phase I Service Area Boundaries
Exhibit B Ryan Hill Area Boundaries
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