HomeMy WebLinkAboutCOW 2010-11-08 Item 3B.2 - Ordinance - Expand Regulations Regarding Sewer Rates and Discharge COUNCIL AGENDA SrvosIs
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ITEM INFORMATION
1 CAS NUMBER: 10-123 I ORIGINAL AGENDA DATE. NOVEMBER 8, 2010
AGENDA ITEM TITLE Two Ordinances to update TMC Chapter 14 for Water and Sewer
CATEGORY Discussion Motion LI Resolution Ordinance n Bid Award L1 Public Hearing 1 Other
Mtg Date 11/08/10 Mtg Date Mtg Date Mtg Date 11/15/10 Mtg Date Mtg Date Mtg Date
SPONSOR Council 1 Mayor Adm Svcs DCD U Finance Fire Legal I 1 P&R Police PW/
SPONSOR'S These two ordinances will update the Water and Sewer regulations in TMC Chapter 14.04,
SUMMARY 14.06, 14.12 and 14.16. Besides minor housekeeping items, the new additions with fees
include special meter reads, unauthorized water usage, and updating utility records.
Interest will now be charged on delinquent water and sewer bills, rather than a flat late
fee. Backflow prevention assemblies, unlawful discharge of prohibited foreign substances,
and exhaust steam and hot water have all been updated to current regulations.
REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte
Utihties Cmte Arts Comm. Parks Comm. Planning Comm.
DATE: 10/26/10
RECOMMENDATIONS:
SPONSOR /ADMIN. Public Works
COMMITTEE Unanimous Approval; Forward to Committee of the Whole
COST IMPACT FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$0.00 $0.00 $0.00
Fund Source:
Comments
MTG. DATE RECORD OF COUNCIL ACTION
11/08/10
11/15/10
MTG. DATE ATTACHMENTS
11/08/10 Informational Memorandum dated 10/15/10 (revised after 10/26 UC)
Draft Water Ordinance
Draft Sewer Ordinance
Draft Public Works Fee Schedule Resolution (next agenda item)
Minutes from the Utilities Committee meeting of 10/26/10
11/15/10
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I j T s City of Tukwila **ILA pill
1 Jim Haggerton, Mayor
190 INFORMATIONAL MEMORANDUM
TO: Mayor Haggerton
UTILITIES COMMITTEE
FROM: Public Works Director
DATE: October 15, 2010
SUBJECT: Water Sewer Ordinances (revised after 10/26 UC)
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
D 14.04.060 Removed Apparatus Standards and referred to appropriate infrastructure standards.
D 14.04.100 Removed Additional Property, since it is not charged a penalty as it is not allowed.
D 14.04.122 Special Meter Reads, now charged a fee.
D 14.04.125 Section C. Unauthorized water usage, added with a fee.
D 14.04.150 Water Utility Billing, now with a fee to update utility records.
D 14.04.270 Interest will be charged on delinquent water balances, rather than a flat late fee.
D 14.06.030 Updated backflow prevention assembly definitions.
Sewer
D 14.12.010 20 Removed Chapter Construction and definitions as they are in 14.04.
D 14.12.090 Removed "Repair" since a private property sewer repair does not require a permit.
D 14.12.200 Removed inspection fees as they are already included with a permit.
D 14.12.250 Updated Steam and Hot Water to 150° Fahrenheit.
D 14.12.260 Updated Unlawful Discharge of Prohibited Foreign Substance Pretreatment Facilities.
D 14.16.020 Interest will be charged on delinquent sewer balances, rather than a flat late fee.
D 14.16.050 Sewer Responsibility of Owner to Pay, now with a fee to update utility records.
D 14.16.060 065 King County (formerly known as METRO) now charged at most current rate.
D 14.16.070 Regular connection charge, now in PW Fee Schedule Resolution.
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
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W: \PW Eng \OTHER \Gail Labanara \Water Sewer Documents\INFO MEMO Water Sewer Ordinance 10- 27- 10.doc
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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 related 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 Board of Health of King County, Washington. entitled "Board of Health On -site
Sewage Regulations" as they presently exist or are hereafter amended. are adopted by
the reference as if set forth in full and are on file in the office of the Cite Clerk.
Section 2. TMC Chapter 14.12 "Sewer Regulations," hereby reads as follows:
be deemed an excrcisa cf a:
health and safety and the protection of the public from fraud, and it shall be liberally
14.12.020 Definitions. See TMC Section 14.04.010.
A. The "Cihj Superoissr," whenever used in TMC Chapter 14.12, mains not only
such supervisor but any of his authorized assistants or inspectors.
B. "Person," whenever used in TMC Chapter 11.12, means and includes natural persons of either. se;:, a
oysa. The-singular number when necessary
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
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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
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
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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
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 permittee 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 Property.
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 permit.
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
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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
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.
the City sewer cystcm is included in thc initial permit fcc. For eoch additional
inspection after thc second, a fc.2 will bc charged in accordance with thc fcc schedule to
bc adopted by motion or resolution 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 mariner, 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
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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
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 higher than 150° Fahrenheit shall be discharged into a sanitary sewer.
14.12.260 Unlawful Discharge of Prohibited 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 or cause a visible sheen on the discharge or in
the public sewer system or 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 gasoline, benzene. fuel oil, or other flammable or explosive liauid, solid,
or gas;
3. Food waste or animal parts, including food grinder waste, that cannot pass
through a one quarter inch sieve:
4. Any ashes, cinders. sand, gravel, mud, straw. grass, metal, glass, rags,
feathers, tar. plastics, wood, paunch manure or any other solid or viscous substances
capable of causing obstruction to the flow in sewers or other interference with the
prover operation of the sewerage works.
5. Any waters or wastes having a off lower than 5.5 or higher than 9.0, or
having any other corrosive property capable of causing damage or hazard to structures,
equipment and personnel.
6. Any waters or wastes containing a toxic or poisonous substance in sufficient
quantity 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
quantity that unusual attention or expense is required 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 prohibited substances identified in TMC Section 14.12.260 shall be
intercepted by an adeauate and suitable separation device or interceptor, installed in
such a manner that allows the safe and convenient removal of the waste product or
other prohibited substances. materials or liauid 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 adeauately maintained and readily
accessible for inspection by the City at any time to ensure its proper operation.
B. Any violation of this section is subiect 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
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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.
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 J 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 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 "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
of motels, hotels, trailer space, and any other building or space providing for human
habitation on a transient basis.
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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. "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.
G. "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 Service 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 cha_bss shall be on a monthly
basis, from thc 28-
st day of thc month following thc service month
billing-is made, and shall be delinquent after that date. All charges shall be billed to the
recipient premise:, sr to the person charged for water furnished by the City, if other
than the owner. All sewer charges and related fees shall be due and sayable 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 delinouent 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
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.
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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 coruiection 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/ or 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 in this context refers to King County Department of
Natural Resources and Parks. Wastewater Treatment Division.
14.16.065 Citv/Kinz 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.
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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 fec for inch single dwelling house shall be $10.00.
2. The fee for multiple dwelling structures such as duplex houses, bungalow courts,
$150.00 for the first dwelling unit and $5000 hsr .ash additional dwelling unit.
e!,!!! .a a maximum fee limit of $1,500. The minimum fec for
14.16.072 Special Connection Charge Payment. 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:
1 Year 1 1955 -59 1 1960 -64 1 1965 -69 1 1970 1
Sewer $5.26 $811 $10,97 I $12.00
Rate
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
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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.
1 Year 1 1955 -59 1 1960 -64 1 1965 -69 1 1970 1
Sewer Rate
Der Sq. Ft. .0160 1 0195 1 0200 1 .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
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
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Section 5. Repealer. Ordinance Nos. 342; 578 (part), 599 §1, 941 91, 1714 91 (part),
1770 97, 98, 99, and §10; 1838 911, 2026 §1, 92 and 93, 2138 91, 2212 §1, 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:
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s oti ILA*
14s, City of Tukwila
..I fit; .-.L--;„:4
Utilities Committee
N 1 908
UTILITIES COMMITTEE
Meeting Minutes
October 26, 2010 5:00 p.m. Conference Room #1
PRESENT
Councilmembers: Kathy Hougardy, Chair; Joe Duffle and Allan Ekberg
Staff: Bob Giberson, Frank Iriarte, Pat Brodin, Gail Labanara, Mike Cusick, Ryan Larson, Mary
Miotke, Shawn Hunstock, and Peggy McCarthy
CALL TO ORDER: Committee Chair Hougardy called the meeting to order at 5.02 p.m.
I. PRESENTATIONS
No presentations.
II. BUSINESS AGENDA
A. Cascade Water Alliance Update
As an information only item, staff informed the Committee of the 2011 budget update from the Cascade
Water Alliance. Monthly commodity charges will increase from 6% to 12% This fluctuation was due to
Bellevue being double charged for water that flowed through the Bellevue pipeline into Issaquah and
Sammamish Plateau. This adjustment for Bellevue then caused the entire rate model for the 8 cities to be
recalculated and a one -time adjustment to all members for 2011. INFORMATION ONLY.
B. Water and Sewer Ordinances
Staff is seeking Council approval of two ordinances updating the water and sewer chapter of the Tukwila
Municipal Code (TMC).
The chapter has not been completely updated in some time and staff wanted the fees to be included in the
Public Works Fee Schedule Resolution (see below). Committee reviewed all of the underlined changes
with discussion. Regulation changes included updated backflow assembly requirements (14 06 03) and
unlawful discharge of prohibited foreign substances into the public sewer (14.12.250)
There are three new fees for unauthorized water usage, special meter reads, and an administrative fee for
changing the name /address on a utility bilI. Interest will now be charged on delinquent utility accounts
rather than a flat fee Staff originally proposed changing Section 14 17 regarding sewer connection
charges, but after review by the City Attorney, those sections will not be changed and will not be
forwarded to the COW UNANIMOUS APPROVAL. FORWARD TO NOVEMBER 8 COW FOR
DISCUSSION.
C. Water. Sewer. and Surface Water Rate Increases for 2011
Staff is seeking Council approval of a resolution adopting a new Public Works Fee Schedule which will
reflect increased water, sewer, and surface water rates for 2011. Committee Member Ekberg suggested
that the Resolution also include the old fees.
Water. In order to maintain current levels of service and lessen the impact of future increases to
purchased water, staff is recommending an increase to the minimum water meter charge from $8 00 to
$10 00 for residential customers and for commercial /industrial, from $20.00 $360 00 to $30 00
$480.00 (see draft resolution for specific service charges). Water revenue remains flat due to the
economic downturn and summer consumption was down due to the weather. Increasing the base rate
would be the most logical cost increase implementation since consumption levels are not changing
Additionally, Cascade Water Alliance rates are projected to increase 5.8% in 2011 and 15.6% in 2012
Water service charges and fire protection services also have proposed increases.
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