Chapter 13.14 SEWER FEES

Chapter 13.14
SEWER FEES

Sections:

13.14.010 Title.

13.14.020 Definitions.

13.14.030 Purpose.

13.14.040 Limitation upon charges.

13.14.050 Special assessments.

13.14.060 Newcomer’s assessment.

13.14.070 Latecomer’s assessment.

13.14.080 Monthly user fee.

13.14.090 Monthly sewer availability fee.

13.14.100 Developer sewer extensions.

13.14.110 Developer extension payback contract.

13.14.120 Change in use.

13.14.130 Inspection and plan check fees.

13.14.140 Determination of residential equivalent units.

13.14.150 Installment payment program.

13.14.160 Phased development.

13.14.170 Delegation of authority to sign certain agreements.

13.14.180 Disputes and appeals.

13.14.190 Penalty.

13.14.200 Enforcement by civil action.

13.14.210 Construction.

13.14.010 Title.

The ordinance codified in this chapter shall be known as the Kitsap County sewer fee ordinance.

(Ord. 113 (1986) § 1, 1986)

13.14.020 Definitions.

The terms set forth below are defined as follows:

(1) “Board” means the Kitsap County board of county commissioners;

(2) “Cf.” means cubic feet;

(3) “County” means Kitsap County;

(4) “Director” means the director of the county’s department of public works or his or her designee;

(5) “Dwelling unit” means a unit providing independent living facilities for one or more persons with provisions for eating, sleeping and sanitation.

(Ord. 113 (1986) § 2, 1986)

The purpose of this chapter is to provide for fair and equitable charges for sanitary sewage service both old and new customers. All customers should pay for the services they receive and, therefore, no customer should receive any service at the expense of other customers. In achieving the foregoing it is necessary to maintain the fiscal integrity of the county’s sewage systems.

(Ord. 113 (1986) § 3, 1986)

13.14.040 Limitation upon charges.

The county shall charge no fee for sewage service or connection to a county sewage system unless such fee is authorized by or through this chapter; provided, the foregoing limitation shall not apply to fees required by statute or by state regulation or order.

(Ord. 113 (1986) § 4, 1986)

13.14.050 Special assessments.

Special assessments for local improvement districts or utility local improvement districts shall be charged and paid as authorized by statute and pursuant to the specific plan and program of each local district.

(Ord. 113 (1986) § 5, 1986)

13.14.060 Newcomer’s assessment.

(a) Whenever any person or entity desires to connect to an existing county sewage system, such person or entity shall be required to subscribe a newcomer’s agreement and pay a newcomer’s assessment. This agreement shall be consummated and, except as provided in Sections 13.14.150 and 13.14.160, the assessment shall be paid prior to any connection to the county’s system.

(b) The newcomer’s assessment represents the newcomer’s proportionate share for future expansion of the major components of the existing sewage system such as trunk lines, pump stations, treatment plant and outfall.

(c) Newcomer’s assessments shall be held by the county in trust for future expansion of its sewage systems and shall not be used for maintenance, operation or replacement.

(d) The amount of the newcomer’s assessment shall be based upon residential equivalent units of sewage production which is determined pursuant to Section 13.14.140.

(e) The amount of the newcomer’s assessment per residential equivalent unit shall be established from time to time by the board. The assessment per unit may be different for different sewage systems.

(f) The newcomer’s agreement mentioned in subsection (a) shall memorialize the number of residential equivalent units which a person or entity is entitled to connect to the county’s sewage system and the amount paid therefor.

(Ord. 113 (1986) § 6, 1986)

13.14.070 Latecomer’s assessment.

(a) Whenever any person or entity desires to connect to a county sewage system through facilities paid for by local district assessments, by developer sewer extensions or by the county in anticipation of increased demand, such person or entity shall subscribe a latecomer’s agreement and pay a latecomer’s assessment. This agreement shall be consummated and, except as provided in Sections 13.14.150 and 13.14.160, the assessment shall be paid prior to any connection to the county’s system.

(b) The latecomer’s assessment represents the latecomer’s proportionate share towards payment of sewer facilities (other than major components of the sewage system) paid for by someone else.

(c) Latecomer’s assessments for connection to facilities paid for by local district assessments or by developer sewer extension shall be used by the county to defray costs of maintenance, operation and replacement; provided, if the latecomer’s assessment is for the use of facilities for which there is an existing developer extension payback contract pursuant to Section 13.14.110, the assessment shall be paid to such developer.

(d) Latecomer’s assessments for connection to facilities paid for by the county in anticipation of increased demand shall be paid into the fund from which the moneys were taken to reimburse the county for such facilities.

(e) The amount of the latecomer’s assessment shall be that amount which is obtained when the number of residential equivalent units of sewage to be added by the latecomer is divided by the capacity in residential equivalent units of the sewer facilities to be utilized and that percentage is then multiplied by the actual cost to construct the facilities to be utilized.

(f) The latecomer’s agreement mentioned in subsection (a) shall memorialize the number of residential equivalent units which a person or entity is entitled to connect to the sewer facilities, the amount paid therefor and the figures used to determine the latecomer’s assessment.

(Ord. 113 (1986) § 7, 1986)

13.14.080 Monthly user fee.

(a) All persons or entities having any sewer connection to a county sewer system shall pay a monthly user fee to the county. The responsibility for payment of the monthly user fee shall rest solely with the owner(s) of record of the property, the property manager in the employ of the owner(s) of record, or a person holding power-of-attorney for the owner(s) of record.

(b) The monthly user fee shall be for the maintenance, operation and replacement of the county’s sewage systems.

(c) The amount of the monthly user fee shall be based upon the number of residential equivalent units of sewage production which is determined pursuant to Section 13.14.140; provided, the minimum monthly user fee shall be for one residential equivalent unit.

(d) The fee per residential equivalent unit shall be established from time to time by the board. The fee may be different for different sewage systems.

(e) Whenever there is a change in the person or entity to be billed for the monthly user fee, the first such bill shall include a charge of ten dollars to cover the administrative costs of such change.

(Ord. 113-C (1998) (part), 1998; Ord. 113 (1986) § 8, 1986)

13.14.090 Monthly sewer availability fee.

(a) All persons or entities requesting sewer availability to a county sewage system shall subscribe to a sewer availability agreement and pay a monthly sewer availability fee to the county.

(b) The monthly sewer availability fee shall defray the administrative costs, fixed maintenance costs, and debt service incurred to reserve sewer collection and treatment plant capacity committed to in the sewer availability agreement.

(c) The amount of the monthly sewer availability fee shall be based on the number of residential equivalent units of sewage production requested which is determined pursuant to Section 13.14.140 of this chapter; provided, the minimum monthly fee shall be for one residential equivalent unit.

(d) The fee per residential equivalent unit shall be revised on June first of each year. The administrative and fixed maintenance costs in the fee shall reflect the actual costs incurred for those activities during the previous calendar year. The remaining portion of the fee, which reflects the construction costs, shall be adjusted to reflect the change in the average annual change in the Consumer Price Index for All Urban Customers (CPI-U) for the Seattle Area, as published by the U.S. Department of Labor, Bureau of Labor Statistics.

(e) The sewer availability agreement mentioned in subsection (a) shall memorialize the number of residential equivalent units which a person or entity is entitled to, the amount of the monthly sewer availability fee to be paid, and conditions of availability.

(Ord. 113-C (1998) (part), 1998; Ord. 113-A (1995) § 1 (part), 1995: Ord. 113 (1986) § 9, 1986)

13.14.100 Developer sewer extensions.

(a) Any person or entity developing property, upon the agreement of the county, may connect such property to a county sewer by means of a sewer line paid for and installed by developer. This shall be known as a developer sewer extension.

(b) Any developer desiring to connect to a county sewage system shall first make application therefor to the director. The director shall require the applicant to provide such information as he or she deems necessary. Such application shall, at a minimum, contain:

(1) A description of the proposed development;

(2) Calculations showing the number of residential equivalent units of sewage to be produced by the development;

(3) Engineering drawings prepared by a licensed civil engineer depicting the proposed facility in detail.

(c) As a condition of approval the director may require the proposed facility to have capacity greater than that needed to serve the proposed development but this shall only be required when:

(1) There is a likelihood that the developer will recoup some of the initial investment through a payback contract; or

(2) The county is willing to bear the expense of the additional capacity.

(d) As a condition of approval the director may require the developer:

(1) To provide easements to the developer sewer extension lines so that others may have access to such lines;

(2) To install sewer lines to the property line so that others may have access to the developer sewer extension lines without the future need to place a sewer line in an easement upon which surface improvements may be made.

(e) If the application is approved by the director and after any necessary franchises are obtained, the developer shall proceed to construct the extension. During the course of construction the developer shall permit those inspections of the facility which the director deems necessary and, to this end, the developer shall notify the director when the facility or portion thereof is ready for inspection.

(f) No developer extension shall be connected to a county sewer until the following have occurred:

(1) Construction of the facility is completed;

(2) The facility has passed all inspections required by the director;

(3) The developer has:

(A) Transferred the facility to the county free of charge;

(B) Provided to the county easements which will enable the county to maintain the facility and to allow access to the facility as contemplated by subsection (d) of this section;

(4) Provided a bond to the county in an amount specified by the director the obligation of which is that the facility will be free of defects for twenty-four months;

(5) Paid the inspection and plan check fees authorized by Section 13.14.130;

(6) Paid the assessments authorized by Sections 13.14.060 and 13.14.070 except as provided in Sections 13.14.150 and 13.14.160.

(g) Once the requirements of subsection (f) of this section have been fulfilled, the county shall accept the facility and thereafter perpetually keep and maintain it.

(Ord. 113 (1986) § 10, 1986)

13.14.110 Developer extension payback contract

(a) A developer making a developer sewer extension may apply to the county for a payback contract. Through such a contract a developer may recover a portion of the cost of the extension in the event some other person connects to such facility and is thereby obliged to pay a latecomer’s assessment pursuant to Section 13.14.070. Prior to approving such a contract the director may require such information from the developer as he or she deems necessary. The director shall approve such a contract only when, in his or her discretion, it is in the county’s interests to do so.

(b) The payback contract shall, at a minimum, specify the capacity of the facility in residential equivalent units, the number of such units reserved for use by the developer, and the actual cost to the developer of the facility.

(d) In the event the county permits a person or entity to connect to a sewage facility covered by an existing developer extension payback contract, the county shall pay to the developer when such assessment is collected the amount of the latecomer’s assessment as that assessment is determined by Section 13.14.070.

(e) Prior to disbursing the latecomer’s assessment to the developer as contemplated by subsection (d) of this section, the county shall deduct its administrative costs which shall not exceed fifteen percent.

(Ord. 113 (1986) § 11, 1986)

13.14.120 Change in use.

(a) When the owner or occupant of property connected to a county sewer makes a material change in the use to which the property is devoted or materially increases the intensity of the use existing upon the property and when such change or increase results in production of at least one additional residential equivalent unit of sewage, then the owner of the property shall pay the newcomer’s assessment as determined by Section 13.14.060, the latecomer’s assessment as determined by Section 13.14.070, and the monthly user fee as determined by Section 13.14.080 all based upon the increased sewage flow.

(b) The owner of the property shall receive credits for newcomer’s assessments, latecomer’s assessments and similar assessments or fees already paid.

(c) The owner shall pay or shall contract to pay the assessments required by subsection (a) of this section when the building permits are obtained for the uses which will increase the sewage production or, if no building permits are required, when the increased sewage is delivered to the county’s sewer system.

(d) If the assessments are not paid as required by subsection (c) of this section the county may, after due notice to the owner and occupants of the property, terminate sewer service to the property.

(Ord. 113 (1986) § 12, 1986)

13.14.130 Inspection and plan check fees.

(a) Prior to the issuance of any building sewer permit, the applicant shall pay the permit fee as required by Section 13.12.040 or as established pursuant to subsection (c) of this section.

(b) Prior to the approval of any developer sewer extension, the applicant shall pay plan check fees and inspection fees in amounts established by the director through the application of the fee schedule adopted pursuant to subsection (c) of this section.

(c) The director shall from time to time adopt a written fee schedule for building sewer permit fees, plan check fees and inspection fees; provided, such fees shall not exceed the cost to the county of performing the duties thereby required.

(Ord. 113 (1986) § 13, 1986)

13.14.140 Determination of residential equivalent units.

(a) Each dwelling unit, each rental space in a mobile home park or trailer court, every church and every auto service station shall be one residential equivalent unit.

(b) For uses other than those specified in subsection (a) of this section, a use shall have a residential equivalent unit for each eight hundred cubic feet of water consumed per month but in no event shall any use have less than one unit.

(c) The determination of residential equivalent units as set forth in subsection (b) of this section shall be based upon the monthly average of metered water usage for the previous calendar year; provided, if the user can conclusively establish by clear and convincing evidence to the director’s satisfaction that some amount of metered water usage was used for irrigation purposes, then such amount shall be disregarded in determining residential equivalent units. If the water provided to a use is not metered or if the use does not have a history of water usage as required herein, then the residential equivalent units shall be determined pursuant to subsection (d) of this section; provided, in the case of non-metered water supply or inadequate history thereof, if the user can conclusively establish by clear and convincing evidence to the director’s satisfaction what actual water usage has been or will be, then the units of residential equivalence shall be based on such evidence.

(d) When water usage is not metered or when there is not an adequate history of water usage, a residential equivalent unit shall be based upon eight hundred cubic feet of water per month and shall be estimated by use of the following:

(1) Duplexes, apartments or other multiple residential type housing – 600 cf./mo. per unit;

(2) Motel or hotel room – 300 cf./mo. per room;

(3) Restaurant – 100 cf./mo. per seat;

(4) Fast food restaurant – 150 cf./mo. per seat;

(5) Tavern or cocktail lounge – 80 cf./mo. per seat;

(6) Retail stores or office buildings – 200 cf./mo. per 1,000 gross square feet of floor space;

(7) Shopping centers – 400 cf./mo. per 1,000 gross square feet of floor space (less common ways and walks);

(8) Factories – 100 cf./mo. per employee;

(9) Schools:

(A) Without cafeteria or showers – 20 cf./mo. per student,

(B) With cafeteria, without showers – 25 cf./mo. per student,

(10) Theater or auditorium – 5 cf./mo. per seat;

(11) Laundromat or self-service laundry not concomitant to a residential use – 700 cf./mo. per washing machine;

(12) Hospitals – 1,200 cf./mo. per bed;

(13) Rest home – 400 cf./mo. per bed;

(14) Convalescent home – 800 cf./mo. per bed;

(15) Medical office 400 cf./mo. per 1,000 gross square feet of floor space;

(16) When a building or complex has multiple uses or functions, the residential equivalent units applicable thereto shall be the combined sum of the units from each use or function;

(17) For uses not specifically listed above, the director shall estimate the monthly water usage.

(e) Computations for residential equivalent units resulting in fractions shall be rounded to the nearest integer.

(Ord. 113-A (1995) § 1 (part), 1995; Ord. 113 (1986) § 14, 1986)

13.14.150 Installment payment program.

Upon showing that payment of the newcomer’s assessment and/or latecomer’s assessment in full prior to connection to a county sewer would produce financial hardship, the director, in his or her discretion, may authorize payment of such assessments in installments; provided, this shall not apply to latecomer’s assessments involving developer extension paybacks pursuant to Section 13.14.110. If so authorized at least ten percent of the assessments shall be paid prior to connection with the balance due in equal annual installments over a period of five years. The unpaid balance shall bear interest at eight percent per annum. There shall be added to any installment not timely paid a penalty in the amount of ten percent of the delinquent installment. In order to utilize this installment plan the owner of the property sewered must provide suitable instruments to the county creating a lien on the property to the extent of the balance owing plus interest and penalties.

(Ord. 113 (1986) § 15, 1986)

13.14.160 Phased development.

(a) Any person or entity developing property in phases or developing property consisting of discrete units may elect to pay the newcomer’s assessment and/or latecomer’s assessment for such property as the several phases or units are occupied or sold or otherwise actually receive sewer service. Such election shall be accomplished through a phased development contract.

(b) A phased development contract shall contain:

(1) The name and address of the developer;

(2) A legal description of the property;

(3) A description of the nature and number of phases or discrete units within the development;

(4) The amounts of the newcomer’s assessment and/or latecomer’s assessment for the entire development;

(5) The amounts of the newcomer’s assessment and/or latecomer’s assessment attributable and chargeable to each phase or discrete unit of the development;

(6) A declaration that the entire amounts of the newcomer’s assessment and/or latecomer’s assessment is/are a lien upon all of the real property of the development;

(7) The acknowledged signature of the developer.

(c) The county shall release from the lien mentioned in subdivision (6) of subsection (b) of this section those phases or discrete units for which the newcomer’s assessment or latecomer’s assessment are paid.

(Ord. 113 (1986) § 16, 1986)

13.14.170 Delegation of authority to sign certain agreements.

The board hereby delegates to the director the authority to sign on behalf of the county newcomer agreements pursuant to Section 13.14.060, latecomer agreements pursuant to Section 13.14.070, developer payback contracts pursuant to Section 13.14.110, and installment payment contracts pursuant to Section 13.14.150, phased development contracts pursuant to Section 13.14.160, and lien releases pursuant to subsection (c) of Section 13.14.160.

(Ord. 113 (1986) § 17, 1986)

13.14.180 Disputes and appeals.

(a) Disputes and appeals pertaining to the following shall be processed pursuant to this section:

(1) Newcomer’s assessments, Section 13.14.060;

(2) Latecomer’s assessments, Section 13.14.070;

(3) Monthly user fees, Section 13.14.080;

(4) Monthly sewer service fees, Section 13.14.090;

(5) Developer sewer extensions, Section 13.14.100;

(6) Developer extension payback contracts, Section 13.14.110;

(7) Changes in use, Section 13.14.120; and

(8) Determinations of residential equivalent units.

(b) The applicant for or recipient of sewer service and the director or his or her designee shall meet in an effort to informally resolve the dispute.

(c) If the dispute is not resolved pursuant to subsection (b) of this section, the applicant or recipient shall submit a written explanation of his or her position to the director. Such written materials must fully explain the position of the applicant or recipient and must, as appropriate, include engineering or other supporting data, drawings, field information, and argument concerning the applicable legal authorities. The written materials submitted to the director must indicate that the applicant or recipient is invoking the review process set forth in this section.

(d) Upon receipt of the materials described in subsection (c) of this section, the director or his or her designee shall review such materials and shall within ten days set forth the county’s position on the dispute in writing. This report shall be transmitted to the applicant or recipient.

(e) If the applicant or recipient is dissatisfied with the position set forth by the director, he or she may appeal the dispute to the board by filing a written notice of appeal with the director within ten days of transmittal of the report.

(f) Upon receipt of an appeal the director shall transmit to the board a copy of the written explanation as described in subsection (c) of this section and the report of the county’s position as described in subsection (d) of this section.

(g) Upon receipt of the materials as set forth in subsection (f) of this section, the board shall schedule a public meeting at which to consider the appeal and the applicant or recipient shall be notified of such. The board’s decision shall be based upon the record transmitted by the director and no additional evidence or argument shall be permitted. The director or his designee shall make a presentation to the board concerning the nature of the dispute to facilitate the board’s understanding of the matters which it must resolve.

(h) The decision of the board shall be recorded in full in the official minutes.

(i) Decisions concerning adjustments to monthly user fees, whether made by the director or the board, shall become effective for the billing period following the decision and in no event shall be retroactive.

(Ord. 113 (1986) § 18, 1986)

13.14.190 Penalty.

Any person, firm or corporation violating any provision of this chapter or amendment thereto shall be guilty of a misdemeanor and each such person, firm or corporation shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of this chapter is committed, continued or permitted. Upon conviction of any violation of this chapter such person, firm or corporation shall be punished by a fine of not more than two hundred and fifty dollars or by imprisonment for not more than ninety days or by both such fine and imprisonment.

(Ord. 113 (1986) § 19, 1986)

13.14.200 Enforcement by civil action.

(a) Any construction of sewer connections contrary to the provisions of this chapter or amendments thereto, shall be, and the same are hereby, declared to be unlawful and a public nuisance and compliance with this chapter or amendments thereto may be enforced by a mandatory injunction brought by the owner or owners of land in proximity to the land with the proscribed condition or the prosecuting attorney may immediately commence action or actions, proceeding or proceedings, for abatement, removal and enjoinment thereof, in a manner provided by law, and shall take such other steps and shall apply to such court or courts as may have jurisdiction to grant such relief as will abate or remove the illegal condition.

(b) The authority of this section shall be in addition to whatever other legal means exist to enforce the provisions of this chapter.

(c) In addition to or as an alternative to any other penalty provided in this chapter or by law, any violation of this chapter shall constitute a Class I civil infraction. Each violation shall constitute a separate infraction for each and every day or portion thereof during which the violation is committed, continued or permitted. Infractions shall be processed in accordance with the provisions of the civil enforcement ordinance (Chapter 2.116 of this code).

(Ord. 113-B (1997) § 1, 1997; Ord. 113 (1986) § 20, 1986)

13.14.210 Construction.

This chapter shall be liberally interpreted and construed to secure the public health, safety, morals and welfare and the rule of strict construction shall have no application.

(Ord. 113 (1986) § 21, 1986)