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Home My WebLink About4776ORIGINA ORDTIqANCI~ NO, 4 ? ? 6 AN ORDINANCE OF THE CITY OF AUBURN, WASHINGTON, AMENDING AUBURN CITY CODE SECTION 13.08.010 ENTITLED " CHAPTER PURPOSE" CONTAINED IN CHAPTER 13.08 ENTITLED "WATER MAIN EXTENSIONS"; AUBURN CITY CODE SECTION 13.20.098 ENTITLED "SEWER EXTENSION POLICY" CONTAINED IN CHAPTER 13.20 ENTITLED "SEWERS"; AUBURN CITY CODE SECTIONS 13.48.005 ENTITLED "PURPOSE", CONTAINED IN CHAPTER 13.48 ENTITLED "STORM DRAINAGE UTILITY" TO ADD LANGUAGE REGARDING PUBLIC NUISANCES AND DECLARING AN EMERGENCY. WHEREAS, Initiative 164 was approved by the Washington State Legislature this year and shall become effective July 23, 1995 unless a sufficient referendum petition (Referendum 48) is filed by July 22, 1995; and WHEREAS, Initiative 164 is an Act relating to the regulation of private property, adding a new chapter to Title 64 RCW; and WHEREAS, Initiative 164 requires any government entity which takes private property by regulation or restraint of land use for general public use pay full compensation of the reduction in value to the owner; and WHEREAS, any action taken by the government entity to prevent or abate a private nuisance that limits the use or development of private property is not a restraint of land use pursuant to Initiative 164; WHEREAS, the Public Works Committee during an executive session at their June 26, 1995 meeting reviewed the proposed Ordinance No. 4776 July 11,1995 Page 1 amendments and recommended to the City Council approval of said amendments. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN AS FOLLOWS: Section ~. Auburn City Code Section 13.0Sl.010 entitled "Chapter Purpose" contained in Chapter 13.08 entitled "Water Main Extensions"; Auburn "Sewer Extension Policy" "Sewers"; Auburn City City Code Section 13.20.098 entitled contained in Chapter 13.20 entitled Code Sections 13.48.005 entitled "Purpose", contained in Chapter 13.48 entitled "Storm Drainage Utility Subdivisions to add language regarding public nuisances and declaring an emergency is hereby amended as set forth on attached Exhibit "A" and made a part thereof as though set forth in full herein. Section 2. Emergency Clause and Effective Date. Pursuant to RCW 35A.13.190 a public emergency is hereby declared to exist for the reasons set forth above regarding the passage of the amendments herein and for the protection of public health, public safety, public property or public peace which requires that this ordinance shall take effect upon passage by a majority plus one of the whole membership of the City Council. Section 3. The provisions of this ordinance are declared to be separate and severable. The invalidity of any clause, Ordinance No. 4776 July 11, 1995 Page 2 sentence, paragraph, subdivision, section or portion of this ordinance, or the invalidity of the application thereof to any person or circumstance shall not affect the validity of the remainder of this ordinance, or the validity of its application to other persons or circumstances. Section 4. The Mayor is hereby authorized to such administrative procedures as may be necessary out the directions of this legislation. implement to carry INTRODUCED: July 17, 1995 PASSED: July 17, 1995 APPROVED: July 17, 1995 CHARLES A. BOOTH MAYOR ATTEST: ~±~-J~uh~JTl~t~/-, Danielle E. Daskam, Deputy City Clerk Ordinance No. 4776 July 11, 1995 Page 3 APPROVED AS TO FORM: ~ynolds, City Attorney Ordinance No. 4776 July 11, 1995 Page 4 Title 13 WATER, SEWERS AND PUBLIC UTILITES Chapter 13.08 Water Main Extensions 13.08.010 Chapter purpose. This chapter regulating the extension and payment: of the water mains is for the purpose of uniformity in establishing extreme limits of water mains, and is to promote fairness among the abutting property owners on both sides of streets on which water mains are located and to avoid public harm or l~catcdcreation of nuisance situations. Chapter 13.20 Sections: 13.20.010 13.20.020 13.20.040 13.20.050 13.20.060 13.20.070 13.20.080 13.20.090 13.20.095 13.20.098 13.20.100 13.20.110 13.20.115 13.20.120 13.20.130 13.20.140 13.20.150 13.20.160 13.20.170 13.20.180 13.20.190 13.20.200 13.20.210 13.20.220 13.20.230 Sewers Definitions. Sewer section - Established. Maintenance and operations manager - General duties. Developer extension agreement - Required - Manual adopted. Connection - Required. Compulsory connections. Private system - Allowed when. Private system - Requirements. Private system - Abandonment upon public system availability. Sewer extention policy. Disturbing public sewer and streets. Sewage or waste treatment required. Objectionable waste deposit prohibition. Trees or shrubs obstructing sewers prohibited. Drainage waters discharge restrictions. Prohibited discharges designated. Grease, oil, and sand interceptors. Preliminary waste treatment - Required. Preliminary waste treatment - Facilities approval and maintenance. Industrial waste arrangements. Permits - Required. Permits - Application - Inspection - Fee. Permits for additional work. Permits - Posting. Sewer repair or replacement - Permit required. Exhibit "A" Ordinance No. 4776 July 11, 1995 Page 5 13.20.240 13.20.250 13.20.260 13.20 270 13.20 280 13.20 290 13.20 300 13.20 305 13.20 310 13.20 320 13.20 330 .13.20 340 13.20.350 13.20.360 13.20.370 13.20.380 13.20.390 13.20.400 13.20.410 13.20.420 13.20.430 13.20.435 13.20.440 13.20.450 13.20.460 13.20.470 13.20.480 13.20.490 13.20.500 13.20.510 13.20.520 13.20.530 Septic tank site application and installation - Permit required. Septic tank waste removal or repair - Permit required. Permits - Term. Public sewers - Construction standards. Building sewer - Requirement generally. Building sewer - Control manhole requirements. Connections to public sewers - Standards. Excavation protection. Side sewer requirements. Side sewer - Tapping fees. Side sewers - Restoration of public property. Side sewer contractors license required - Fees - Term. Side sewer contractors bond. Side sewer contractors insurance. Side sewer contractor responsibilities. Sewage disposal service charge. Sewage disposal service charge - Due when - Delinquency. Pay back charge - Method of computation. Charge in lieu of assessment - Method of computation. Trunkage connection charge - Method of computation. Sewer availability charges for private systems. Sewer rate exemptions. Fees and charges. Charges constitute lien. Water cutoff for lien enforcement. Work inspection readiness notice. Work reinspection fee. Work - Diligent completion required. Access for inspections. Inadequate systems - Action to effect compliance. Violator's liabilities. Violation - Penalty. 13.20.098 Sewer Extention Policy. This section reQulatin~ the extension and payment of public sewers is for the purpose of uniformity in estab].ishing extreme limits of public sewers, and is to promote fairness among the abutting property owners on both sides of streets on which public sewers are located and to avoid public harm or creation of nuisance situations. Exhibit "A" Ordinance No. 4776 July 11, 1995 Page 6 Chapter 13.48 Storm Drainage Utility Sections: I. Establishment and Administration 13.48.005 Purpose 13.48.010 Definitions. 13.48.020 Established. 13.48.030 Storm drainage system defined. 13.48.040 Transfer of storm drainage system from street department to Storm drainage utility. 13.48.050 Utility administration authority. 13.48.060 Authority to establish rates and charges. 13.48.070 Storm drainage utility fund. 13.48.080 Storm drainage utility system responsibility I1. Rates and Charges 13.48.090 13.48.100 13.48.110 13.48.120 13.48.130 13.48.140 13.48.150 III. System of charges. Charges. Measurement of impervious area. Billing and collection. Rate reduction. Rate exemptions. Appeals. Regulations 13.48.160 13.48.170 13.48.180 13.48.190 13.48.200 13.48.210 13.48.220 13.48.230 13.48.240 13.48.250 13.48.260 13.48.270 13.48.280 13.48.290 13.48.300 13.48.310 Damage to system prohibited. Trespassing prohibited. Inspection and compliance with storm drainage requirements. Cross connections prohibited. Trees or shrubs obstructing storm sewers prohibited. Water quality. Easements. Connections. Connection procedures - Permit required. Permit - Duration. Permits for additional work. Permit - Posting. Permit - Inspection notice. Inspection and approval. Restoration of public property. Work in city right-of-way. Exhibit A Ordinance No. 4776 July 11, 1995 Page 7 13.48.320 13.48.330 13.48.340 13.48.350 13.48.360 13.48.370 13.48.380 13.48.390 13.48.400 13.48.410 13.48.420 13.48.430 13.48.440 13.48.450 13.48.460 Excavation protection. System inspection and connection permit fee. Repair permit fee. Connection fees - Charge in lieu of assessments. Payback agreement. Storm drainage extensions ~ Adoption of design manuals. Public storm drainage improvements. Minimum facility size. Oversizing. Developer's Public Facility Extension Manual adopted. Flood hazard areas - Flood control zone permits. As-built requirements. Maintenance responsibility. Violation - Penalty. Severability. 13.48.005 Purpose The City has determined that a storm drainaqe ut ty and associated re.qulation.~ will avoid the creation of public nuisances that would occur without such utility and regulations, and promote the public health, safety and .qeneral welfare of the citizens of Auburn. Public nuisances would consist of: A. water inundated property, both public and private. B. increased volume, rate, or contaminates load of runoff. C. deqradation of existinq water resources, such as creeks, streams, rivers, ponds, lakes, groundwater, and other water bodies. D. de.qradation of water used for contact recreation, aquatic habitat, and aesthetic quality. E. jeopardy to the City's compliance with Federal flood insurance programs. Exhibit "A" Ordinance No. 4776 July 11, 1995 Page 8