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Title 15
WATER AND SEWAGE*

Chapters:

15.04    Definitions

15.08    Application for Service

15.12    Service Installation

15.14    Water Service Installation and Fees

15.16    General Rules and Conditions of Service

15.20    Billing Procedures

15.24    Monthly Service and Consumption Rates

15.28    Side Sewers—Construction, Repair and Connection

15.36    Drainage and Discharge into Sewers Regulated

15.38    Sewer Main Extensions

15.40    Offenses

15.44    Sanitary Sewer Comprehensive Plan

15.48    Comprehensive Water Plan

15.52    Storm Water Drainage

15.56    Surface Water Utility Monthly Service Rates and Storm Water Capital Facilities Charges

*    For the statutory provisions regarding sewage disposal by a code city, see RCW 35A.21.150. For the provisions regarding a code city’s authority to protect the city’s water supply, etc., see RCW 35A.70.010.

Chapter 15.04
DEFINITIONS

Sections:

15.04.010    Definitions.

15.04.020    Apartments and establishment.

15.04.030    Applicant.

15.04.034    Repealed.

15.04.040    Repealed.

15.04.050    City engineer.

15.04.060    City manager.

15.04.065    Repealed.

15.04.070    Cover.

15.04.080    Department of finance.

15.04.083    Repealed.

15.04.084    Repealed.

15.04.090    Downspout.

15.04.100    Repealed.

15.04.105    Repealed.

15.04.110    Garbage.

15.04.120    Garbage, properly shredded.

15.04.130    Health officer.

15.04.140    House drain.

15.04.145    Repealed.

15.04.146    Repealed.

15.04.150    Industrial waste.

15.04.160    Licensed contractor, side sewer.

15.04.163    Repealed.

15.04.164    Repealed.

15.04.170    Natural outlet.

15.04.175    Repealed.

15.04.176    New impervious surface.

15.04.178    Nonresidential storm water facilities.

15.04.180    Parking strip, inside.

15.04.190    Parking strip, outside.

15.04.200    Permit card.

15.04.210    Person.

15.04.220    Repealed.

15.04.225    Repealed.

15.04.230    Public place or public area.

15.04.235    Repealed.

15.04.238    Residential storm water facilities.

15.04.240    Service line.

15.04.250    Sewage.

15.04.260    Sewage treatment plant.

15.04.270    Sewage works.

15.04.280    Sewer.

15.04.300    Sewer, public.

15.04.310    Sewer, sanitary.

15.04.315    Sewer stub-in, sanitary.

15.04.320    Repealed.

15.04.325    Side sewer.

15.04.330    Sidewalk.

15.04.335    Repealed.

15.04.340    Standard plans and specifications.

15.04.345    Repealed.

15.04.350    Repealed.

15.04.360    Watercourse.

15.04.365    Water quality treatment facility.

15.04.010 Definitions.

The definitions contained in this chapter and in Article III of Volume I of the 2005 Stormwater Management Manual for Western Washington, herein incorporated by reference, apply throughout this title, unless from context another meaning is clearly intended. In the event of conflict, the definitions in the Manual will control. The city engineer shall at all times keep on file with the city clerk, for reference by the general public, not less than three copies of the Manual as herein adopted by reference. (Ord. 4200 § 1, 2009: Ord. 3086 § 1, 1988: Ord. 874 § 2.0, 1962)

15.04.020 Apartments and establishment.

For the purpose of this title, the terms, “apartment” and “establishment” each mean that portion of a building, whether a room or combination of rooms which taken together are used or held by the owner or person, entitled to possession as a separate unit. (Ord. 2062 § 1.06, 1969)

15.04.030 Applicant.

“Applicant” means the owner or authorized agent of the property to be served and the applicant shall be the responsible person for the payment of bills for sanitary sewer service or water service. (Ord. 2062 § 1.03, 1969)

15.04.034 Best management practice (BMP).

Repealed by Ord. 4200. (Ord. 3711 § 3 (part), 1999)

15.04.040 B.O.D.

Repealed by Ord. 4200. (Ord. 874 § 2.1, 1962)

15.04.050 City engineer.

“City engineer” means the engineer duly appointed by the city to supervise and direct the design and construction of local sewerage facilities, acting personally or through agents or assistants duly authorized by him/her, such agents or assistants acting within the scope of the particular duties assigned to them. (Ord. 3086 § 2, 1988: Ord. 874 § 2.2, 1962)

15.04.060 City manager.

“City manager” means the city manager, the director of public works, the operations and maintenance engineer, the director of finance or any authorized agent, deputy or other person acting under the authority of the city manager. (Ord. 3573 § 64, 1997: Ord. 3368 § 1 (part), 1993: Ord. 3086 § 3, 1988: Ord. 2062 § 1.01, 1969)

15.04.065 Conveyance system.

Repealed by Ord. 4200. (Ord. 3711 § 3 (part), 1999)

15.04.070 Cover.

“Cover” means the depth of the material lying between the top of the sewer, or drain, and the finished grade immediately above it. (Ord. 874 § 2.4, 1962)

15.04.080 Department of finance.

“Department of finance” means the person or persons designated by the city manager to collect water and sewer rates and charges. (Ord. 3573 § 65, 1997: Ord. 2062 § 1.04, 1969)

15.04.083 Detention.

Repealed by Ord. 4200. (Ord. 3711 § 3 (part), 1999)

15.04.084 Detention facility.

Repealed by Ord. 4200. (Ord. 3711 § 3 (part), 1999)

15.04.090 Downspout.

“Downspout” means the leader or pipe above ground which is installed to conduct water from the roof gutter. (Ord. 874 § 2.6, 1962)

15.04.100 Drain.

Repealed by Ord. 4200. (Ord. 874 § 2.7, 1962)

15.04.105 Erosion.

Repealed by Ord. 4200. (Ord. 3711 § 3 (part), 1999)

15.04.110 Garbage.

“Garbage” means all animal and vegetable refuse from kitchen and household waste that shall have been prepared for or shall have resulted from preparation of food or drink to be consumed on the premises or for consumption off the premises when served by caterers. (Ord. 874 § 2.8, 1962)

15.04.120 Garbage, properly shredded.

“Garbage, properly shredded” means garbage that has been shredded to such degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers with no particle greater than three-eighths inch in any dimension. (Ord. 874 § 2.9, 1962)

15.04.130 Health officer.

“Health officer” means the officer responsible for public health or his authorized representative employed by the county health department. (Ord. 3368 § 1 (part), 1993: Ord. 874 § 2.5, 1962)

15.04.140 House drain.

“House drain” means the pipe used for conveying sewerage from the building to a point two and one-half feet outside the foundation wall and if there be no foundation wall to a point two and one-half feet beyond the outer line of any footings, pilings, building supports, or porch under which it may run, whether such drain consists of one line extending from the building or of two or more of such lines. (Ord. 3368 § 1 (part), 1993: Ord. 874 § 2.10, 1962)

15.04.145 Illicit discharge.

Repealed by Ord. 4200. (Ord. 3711 § 3 (part), 1999)

15.04.146 Impervious surface.

Repealed by Ord. 4200. (Ord. 3711 § 3 (part), 1999)

15.04.150 Industrial waste.

“Industrial waste” means any liquid, solid, or gaseous substance or form of energy or combination thereof resulting from any process of industry, manufacturing, food processing, business, trade or research, including the development, recovery, or processing of natural resources. (Ord. 874 § 2.11, 1962)

15.04.160 Licensed contractor, side sewer.

“Licensed contractor, side sewer” means a bonded and licensed person as a contractor through the state as qualified and competent to do work incidental to the construction and/or repair of side sewers under a permit issued under this title. (Ord. 3368 § 1 (part), 1993: Ord. 874 § 2.3, 1962)

15.04.163 METRO.

Repealed by Ord. 3870. (Ord. 3086 § 4, 1988)

15.04.164 METRO sewer system.

Repealed by Ord. 3870. (Ord. 3086 § 5, 1988)

15.04.170 Natural outlet.

“Natural outlet” means any storm water outlet into a watercourse, pond, ditch, lake, sound, or other body of surface water. (Ord. 3368 § 1 (part), 1993: Ord. 874 § 2.12, 1962)

15.04.175 New development.

Repealed by Ord. 4200. (Ord. 3711 § 3 (part), 1999)

15.04.176 New impervious surface.

“New impervious surface” means the addition of a hard or compacted surface such as pavement, gravel, dirt, or roofs or the addition of a more compacted surface such as the paving of preexisting dirt or gravel. (Ord. 3711 § 3 (part), 1999)

15.04.178 Nonresidential storm water facilities.

“Nonresidential storm water facilities” means storm water detention or water quality facilities that are located on private property and which are not contained in tracts or easements dedicated to the city. These facilities do not serve public streets, but rather serve only buildings, parking lots, and other amenities associated with the privately owned development. Multifamily developments such as condominiums and apartments are considered nonresidential for the purposes of this title. (Ord. 3711 § 3 (part), 1999)

15.04.180 Parking strip, inside.

“Parking strip, inside” means that portion of the street area lying between a public sidewalk location and the property line. (Ord. 874 § 2.13, 1962)

15.04.190 Parking strip, outside.

“Parking strip, outside” means that portion of a street area lying between a public sidewalk location and the curb location. (Ord. 874 § 2.14, 1962)

15.04.200 Permit card.

“Permit card” means a building, grading or right-of-way permit card issued by the city in conjunction with any permit and such card shall be posted on the premises and shall be readily and safely accessible to the city engineer. (Ord. 3368 § 1 (part), 1993: Ord. 874 § 2.15, 1962)

15.04.210 Person.

“Person” means any individual, firm, company, association, partnership, society, corporation or group. (Ord. 3368 § 1 (part), 1993: Ord. 2062 § 1.02, 1969; Ord. 874 § 2.16, 1962)

15.04.220 pH.

Repealed by Ord. 4200. (Ord. 874 § 2.17, 1962)

15.04.225 Pollution.

Repealed by Ord. 4200. (Ord. 3711 § 3 (part), 1999)

15.04.230 Public place or public area.

“Public place or public area” means any space dedicated to or acquired by the city for the use of the general public. (Ord. 874 § 2.18, 1962)

15.04.235 Redevelopment.

Repealed by Ord. 4200. (Ord. 3711 § 3 (part), 1999)

15.04.238 Residential storm water facilities.

“Residential storm water facilities” means storm water detention or water quality facilities that are either in the public right-of-way or that are in a tract or easement dedicated to the city. These facilities usually serve public streets and single-family residences. (Ord. 3711 § 3 (part), 1999)

15.04.240 Service line.

“Service line” means that portion of a pipe line, either water or sanitary sewer connecting the city-owned and maintained main or trunk line and the premises to be served. Sewer service lines shall also be known as “side sewers.” (Ord. 3368 § 1 (part), 1993: Ord. 2653 § 1, 1982: Ord. 2062 § 1.05, 1969)

15.04.250 Sewage.

“Sewage” means a combination of the water-carried wastes from residences, business buildings, institutions, industrial establishments, etc. (Ord. 3086 § 6, 1988: Ord. 874 § 2.19, 1962)

15.04.260 Sewage treatment plant.

“Sewage treatment plant” means any arrangement of devices and devices affixed thereto used for treating sewage.(Ord. 3368 § 1 (part), 1993: Ord. 874 § 2.21, 1962)

15.04.270 Sewage works.

“Sewage works” means all the facilities for collecting, pumping, treating, and disposing of sewage. (Ord. 874 § 2.20, 1962)

15.04.280 Sewer.

“Sewer” means a conduit designed or used to transport wastewater. (Ord. 3086 § 7, 1988: Ord. 874 § 2.22, 1962)

15.04.300 Sewer, public.

“Public sewer” means a sewer in which all owners of abutting properties have equal rights and which is controlled by public authority. (Ord. 874 § 2.24, 1962)

15.04.310 Sewer, sanitary.

“Sanitary sewer” means any pipe, conduit, or other structure, outlet or drain designed to carry sanitary sewage and/or industrial wastes, and to which storm, surface and ground waters are not intentionally admitted. (Ord. 3368, § 1 (part), 1993: Ord. 874 § 2.25, 1962)

15.04.315 Sewer stub-in, sanitary.

“Sanitary sewer stub-in” means a sanitary sewer stub provided to a property for future sewer connection. (Ord. 3368 § 1 (part), 1993)

15.04.320 Sewer, storm.

Repealed by Ord. 4200. (Ord. 874 § 2.26, 1962)

15.04.325 Side sewer.

“Side sewer” means a conduit extending from the plumbing system of a building to and connecting with a public or private sewer. (Ord. 3086 § 8, 1988)

15.04.330 Sidewalk.

“Sidewalk” means the walkway in the public area lying parallel or generally parallel to the roadway. It the walk is not yet paved all measurements shall be based on location and elevation established by the city engineer. (Ord. 874 § 2.27, 1962)

15.04.335 Source control best management practices (source control BMPs).

Repealed by Ord. 4200. (Ord. 3711 § 3 (part), 1999)

15.04.340 Standard plans and specifications.

“Standard plans and specifications” means those rules, regulations, policies and amendments thereto issued by the city engineer, including water systems, sewer systems, storm drainage systems, road construction and street improvements, traffic control, and erosion control pursuant to Section 15.28.290. (Ord. 3368 § 1 (part), 1993: Ord. 874 § 2.28, 1962)

15.04.345 Storm water.

Repealed by Ord. 4200. (Ord. 3711 § 3 (part), 1999)

15.04.350 Suspended solids.

Repealed by Ord. 4200. (Ord. 874 § 2.29, 1962)

15.04.360 Watercourse.

“Watercourse” means a channel in which a natural flow of water occurs or has occurred either continuously or intermittently. (Ord. 874 § 2.30, 1962)

15.04.365 Water quality treatment facility.

“Water quality treatment facility” means a drainage facility designed to reduce pollutants once they are already contained in storm and surface water runoff. Water quality treatment facilities are the structural component of best management practices (BMPs), which provide the best available and reasonable physical, structural, managerial, or behavioral activity, that when used singly or in combination eliminate or reduce the contamination of surface and/or ground waters. (Ord. 3711 § 3 (part), 1999)

Chapter 15.08
APPLICATION FOR SERVICE

Sections:

15.08.010    Required—Contents.

15.08.020    Application not binding.

15.08.025    Application for service outside city limits.

15.08.040    Installation dependent on available facilities.

15.08.041    Owners of property benefitted to pay for modification.

15.08.050    Acceptance of application deemed contract.

15.08.060    Use of service for specified purpose only.

15.08.010 Required—Contents.

The city will require prospective customers to sign an application for water service or sewer service. The application must be made in writing or on a standard form at the office of the public works department. The application shall set forth:

(1)    Signature of applicant;

(2)    Owner of premises to be served;

(3)    Location of premises;

(4)    Address of party paying bills;

(5)    The size of service pipe required;

(6)    Purpose for which service is to be used;

(7)    Payment of all required fees.

(Ord. 3368 § 2 (part), 1993: Ord. 2062 § 2.01, 1969)

15.08.020 Application not binding.

The application is merely a written request for service and does not, in itself, bind the city to serve. (Ord. 2062 § 2.02, 1969)

15.08.025 Application for service outside city limits.

The city may, by contract with a requesting property owner, agree to permit a connection to the water and/or sewer facilities of the city in order to serve property outside the city limits, subject the following:

(1)    Property Contiguous to the City Limits. Property which is contiguous to the city limits must be annexed to the city prior to application for service. Connection shall then be requested in the manner provided in Section 15.08.020; provided, however, that the city may, only when deemed to be in the best interest of the city and property owner, permit application to be filed and connection to the system made prior to the effective date of the annexation, but in no event, shall a connection be made to the system prior to the filing with the city of the petition to annex required by RCW 35A.14.120, signed by owners of not less than seventy-five percent of the assessed valuation of the property sought to be annexed, including the property for which the connection to the system is requested.

(2)    Property which is Not Contiguous to the City Limits. When property is not contiguous to the city limits, an application for service outside the city limits may only be considered by the city for acceptance subject to the following:

(A)    At the time of making application, the property owner shall enter into an agreement with the city to annex the property to the city at such time as it becomes contiguous to the then existing city limits. Such agreement shall be in a form sufficient to run with the land and shall be recorded with the King County department of elections and records.

(B)    The use and structure to be served by the proposed connection shall be consistent with the Kirkland land use polices plan.

(C)    Any development or construction required prior to connection shall be accomplished in accordance with the required standard of King County and, insofar as practical, the development standards contained in the Kirkland Municipal Code, including those standards relating to land surface modification and storm and surface water control.

(D)    If an application for sewer service outside the city limits is not within the “city growth boundary” as defined by the city comprehensive plan, then service may be provided to the subject property provided an interlocal agreement between the city and the city or county or sewer district in which the property resides is drafted and recorded. The interlocal agreement shall allow the city to serve the subject property with sewer.

(E)    Before connection is made, the property owner shall enter into a water/sewer connection and service contract with the city, which contract shall include the terms and conditions under which the city will permit connection (including extension of the system where required) to the water/sewer system and following connection to provide water and/or sewer service to said property. (Ord. 3368 § 2 (part), 1993: Ord. 2499 § 1, 1979)

15.08.040 Installation dependent on available facilities.

The installation of any water or sewer service line is dependent upon available adequate water or sewer facilities. The public works department is not required to approve an application and make installation where a modification to the system would be necessary to

make facilities available. As used herein, the phrase “modification” or “modification to the system” means the construction or installation of any new trunk service line or collector line, or the extension of any such existing line or any replacement of such facilities to increase the capacity flow where the system is inadequate to handle the increased demand that would result from the applicant’s proposed use. Modifications shall also include the installation of fire hydrants where required for adequate fire protection as determined by the department of fire services. (Ord. 3368 § 2 (part), 1993: Ord. 2309 § 1, 1976: Ord. 2062 § 2.04, 1969)

15.08.041 Owners of property benefited to pay for modification.

The cost of any modification to the system shall be borne by each property abutting upon or benefiting from such modification or by the owners of such property. (Ord. 3368 § 2 (part), 1993: Ord. 2309 § 2, 1976)

15.08.050 Acceptance of application deemed contract.

If written application for service is approved by the city, the application shall be considered as a contract in which the applicant agrees to abide by such rates, rules and regulations as are in effect at the time of signing the application or as may be adopted thereafter by the city and to pay all charges, rates and fees promptly. (Ord. 3368 § 2 (part), 1993: Ord. 2062 § 2.05, 1969)

15.08.060 Use of service for specified purpose only.

No person receiving water or sewer service from the city water system shall be entitled to the use thereof for any purpose other than that stated in the application, nor to grant service in any way to other persons or premises. (Ord. 2062 § 2.06, 1969)

Chapter 15.12
SERVICE INSTALLATION*

Sections:

15.12.010    Habitable building—Toilet facilities—Connection to sewer required.

15.12.020    Required connections subject to service charge.

15.12.032    Required sewer extension prior to connection.

15.12.040    Placement of side sewer service lines.

15.12.050    Sewer service stubs.

15.12.060    Side sewer fees.

15.12.063    Sewer capital facility charges (SCFC)—Definitions.

15.12.064    Sewer capital facility charge adjustment.

15.12.070    Fees for special services rendered.

* Side sewer installation—See Chapters 15.28 and 15.32 of this title.

15.12.010 Habitable building—Toilet facilities—Connection to sewer required.

A lot or parcel of property:

(a)    Any portion of which lies within three hundred thirty feet of a public sewer as calculated along the shortest route in public rights-of-way or easements to the nearest point of the land or parcel to be served; and

(b)    Upon which there is situated any building or structure for human habitation or use for any purpose involving human occupancy, shall have installed in the building or structure suitable toilet and sanitary drainage facilities, and the same shall be connected to the proper public sewer (except as permitted by Section 15.28.010) in accordance with the provisions and specifications of Chapters 15.28 and 15.36.

The owner of any lot or parcel required by the foregoing paragraph to be connected to the public sewer shall at his expense so connect within six months of the date of completion of any sewer line extension which brings the public sewer within three hundred thirty feet of the property line. (Ord. 3368 § 3 (part), 1993: Ord 3020 § 1, 1987: Ord. 2175 § 1, 1971: Ord. 2062 § 3.01, 1969)

15.12.020 Required connections subject to service charge.

Each lot or parcel of real property required by this title or by any other ordinance of the city or any law of the state of Washington to be connected with the sewer system of the city shall be subject to a monthly sewer charge as herein established whether such lot or parcel of real property is actually connected to the sewer system or not; provided, however, the monthly sewer charge will be waived if the property owner can establish to the satisfaction of the city engineer that the lot or parcel is connected to a septic system approved by the county. (Ord. 3368 § 3 (part), 1993: Ord. 2062 § 3.02, 1969)

15.12.032 Required sewer extension prior to connection.

Prior to the connection of any property to the city sewer system, the sewer system main lines must be extended to the subject property’s furthest property line by way of public right-of-way or easement. The sanitary sewer extension is subject to the following:

(1)    Using the sanitary sewer comprehensive plan and sound engineering judgment, the city engineer shall determine the length and number of sanitary sewer extensions for the subject property applying for connection.

(2)    The sanitary sewer must traverse along or through the subject property within a right-of-way or a recorded sanitary sewer easement to provide for future extension unless the city engineer determines such an extension is not necessary because the subject property is the last property to be served or that an extension would serve no other property.

(3)    The city engineer may determine that a property proposed for connection be required to extend more than one sanitary sewer line along or through the subject property.

(4)    If the property proposed for connection has a sanitary sewer main fronting the property and the sewer main extends to the furthest property line, and no other sanitary sewer extensions are required either along another right-of-way frontage or through an easement, then the applicant may connect with a side sewer under the conditions of this title and under public works standards and specifications. (Ord. 3368 § 4 (part), 1993)

15.12.040 Placement of side sewer service lines.

All sewer service lines shall normally be placed at least eighteen inches below the surface of the ground and at least five feet horizontally from a water pipe line. Wherever, because of prevailing conditions, a sewer service line is placed less than eighteen inches below the surface of the ground, ductile iron pipe shall be used. All side sewer service lines must be installed per the most current department of public works standards. (Ord. 3368 § 3 (part), 1993: Ord. 2062 § 3.04, 1969)

15.12.050 Sewer service stubs.

Sewer service lines shall be stubbed from the main to the property line by the city where appropriate and a fee collected at the time of connection for the cost of the installation of the stub. The property owner shall be responsible for the installation and the maintenance of the sewer service line from the city-owned and maintained public sewer main to the point of service, including any sewer stubs installed by the city for the benefit of the property owner. (Ord. 3368 § 4 (part), 1993)

15.12.060 Side sewer fees.

Whenever any connection is made for the benefit of property lying within the city limits to the city sewer system, the following installation fees shall be paid:

(1)    Inspection and Stub-In Fees. Sewer inspection permit fee, two hundred fifty dollars. Stub-in fee, one thousand dollars minimum or as otherwise documented by city construction costs. (Where applicable a stub-in fee will be assessed.)

(2)    Sewer System Inspection Fee. The two-hundred-fifty-dollar permit shall be paid in all cases, and a permit shall be required for each new account or customer added to the sewer system.

(3)    Side Sewer Capping Inspection Fee. All side sewers which are disconnected from the building must be capped and inspected by a public works inspector. The fees for said inspection shall be fifty-five dollars. A side sewer permit shall be required whenever capping of the side sewer is necessary. (Ord. 3675 § 1 (part), 1998: Ord. 3368 § 3 (part), 1993: Ord. 2461 § 1, 1978: Ord. 2372 § 1, 1978: Ord. 2175 § 2, 1971: Ord. 2062 § 3.06, 1969)

15.12.063 Sewer capital facility charges (SCFC)—Definitions.

The sewer connection charge(s) must be paid prior to issuance of the permit and shall be determined as to each requested connection by the application of the criteria set forth below.

(1)    For all sewer connections a sewer capital facility charge will be assessed and shall consist of the following:

(a)    Each sewer connection will be assigned a “residential customer equivalent” (RCE) factor. The RCE has a base of one for a three-fourths-inch by five-eighths-inch water meter, i.e., a building served by a five-eighths-inch by three-fourths-inch meter will be given a sewer RCE factor of one.

(b)    The RCE for each sewer connection is as follows:

Single-Family/Multifamily Sewer Fees
Single-family	(1 RCE)
2 unit multi	(1.6 RCE, 0.8 RCE per unit)
3 unit multi	(2.4 RCE)
4 unit multi	(3.2 RCE)
5 or more units	Number of units x 0.64 x 1 RCE (0.64 RCE per unit)

(c)    The sewer capital facility charge shall be waived for the bonus or additional units or floor area being developed in exchange for construction of affordable housing units pursuant to Chapter 112 of the Kirkland Zoning Code. Any claim for waived sewer capital facility charges must be made before payment of those charges. The amount of sewer capital facility charges not collected under this waiver shall be paid from public funds other than the sewer utility.

(d)    Other use (commercial, office, light industrial, churches, school, etc.) shall be based on the water meter size serving the property:

Meter Size	RCE
5/8" x 3/4"	1
1"	2.5
1-1/2"	5
2"	8
3"	16
4"	25
6"	50
8"	80

(e)    Each property will be assessed an SCFC for each domestic water meter service or as determined by the department of public works. (Ord. 3939 § 2B, 2004: Ord. 3870 § 3, 2002: Ord. 3720 § 1, 1999: Ord. 3368 § 4 (part), 1993)

15.12.064 Sewer capital facility charge adjustment.

The SCFC fee with Section 15.12.063 will be adjusted periodically, but not less often than every odd number year. The adjustment shall use the method following:

(1)    At the time of adjustment, the value of the sewer capital facility shall be determined based on the worth of all city sewer mains less any sewer mains funded by local improvement districts, grants, or installation by private entities (developers); this shall be known as the plant in service;

(2)    The total of all connections to the sewer capital facility shall be determined and an RCE factor assigned;

(3)    The adjusted SCFC shall be calculated by dividing the current sewer capital facility value by the current number of RCEs;

(4)    Upon determining the adjusted SCFC, the director of public works shall file with the director of finance three copies of the adjusted fee schedule along with the values the fee schedule is based on. The director of finance shall file said schedules and values with the city clerk to be available for use by the general public and the affected city officials and departments;

(5)    Whenever any connection is made to the city sewer system to serve property outside of the city limits, the property will be assessed the same fees set forth in this section. (Ord. 3870 § 4, 2002: Ord. 3573 § 66, 1997; Ord. 3368 § 4 (part), 1993)

15.12.070 Fees for special services rendered.

In addition to all other user rates and service connection fees required to be paid to the city, the following special service fees are established and shall be paid by the owner of the property served:

Service Calls. When a service call is made at the request of the owner or occupant of the premises for assistance in locating and/or repairing a plugged sanitary sewer drain, no charge will be assessed if plugged sewer lines were not caused by the owner or occupant of the premises. However, a charge of twenty dollars shall be made only when it is determined that the location or cause of the sanitary sewer drain plug is not within the city-owned main or trunk line and it was caused by the owner or occupant of the premises. The foregoing fees when incurred shall be added to the next customer billing as provided in Section 15.20.050. (Ord. 3368 § 3 (part), 1993: Ord. 2653 § 4, 1982)

Chapter 15.14
WATER SERVICE INSTALLATION AND FEES

Sections:

15.14.010    Required water extensions prior to connection.

15.14.020    Water capital facility charges (WCFC).

15.14.030    Water meter installation charge.

15.14.040    Placement of water service lines.

15.14.050    Fees for special services rendered.

15.14.010 Required water extensions prior to connection.

Prior to the connection of any property to the city water system, the water system must be extended to the subject property’s furthest property line by way of right-of-way or easement. The domestic water extensions are subject to the following:

(1)    Using the water comprehensive plan and sound engineering judgment, the city engineer shall determine the length and number of water main extensions for the particular property applying for connection.

(2)    The water main must traverse along or through the subject property within a right-of-way or a recorded water easement to provide for future extension unless the city engineer determines such an extension is not necessary because the subject property is the last property to be served or that an extension would serve no other property.

(3)    The city engineer may determine that a property be required to extend more than one water line along or through the subject property.

(4)    If the property proposed for connection has a water main fronting the property and the water main extends to the furthest property line, and no other water main extensions are required either along another right-of-way frontage or through an easement, then the applicant may connect with a water service under the conditions of this title and under public works standards and specifications. (Ord. 3368 § 5 (part), 1993)

15.14.020 Water capital facility charges (WCFC).

The water connection charge(s) must be paid prior to issuance of the permit and shall be determined as to each requested connection by the application of the criteria set forth below.

(1)    For all water connections a base local water capital facility charge (WCFC) will be assessed and will consist of the following:

(a)    Each water connection will be assigned a “residential customer equivalent” (RCE) factor;

(b)    The water connection RCE shall be determined based on the proposed water meter size;

(c)    The water meter shall be sized in accordance with the Uniform Plumbing Code as amended and adopted by Chapter 21.20 of this code;

(d)    A water connection’s RCE is based on the flow potential through its meter. A five-eighths-inch by three-fourths-inch meter is assigned a base factor of one;

(e)    The base WCFC is multiplied by RCE factors based upon water meter sizes as follows:

Meter Size	RCE
5/8" x 3/4"	1
1"	2.5
1-1/2"	5
2"	8
3"	16
4"	25
6"	50
8"	80

(f)    The fee schedule will be adjusted periodically, but not less often than every odd number year, to reflect a change in the WCFC. The adjustment shall use the method following:

(i)    At the time of adjustment, the value of the water capital facility shall be determined based on the worth of all city water mains less any water mains funded by local improvement districts, grants or installation by private entities (developers); this shall be known as the in-plant service;

(ii)    The total of connections to the water capital facility shall be determined and a RCE factor assigned;

(iii)    The adjusted WCFC shall be calculated by dividing the current water capital facility value by the current number of RCEs;

(iv)    Upon determining the adjusted WCFC, the director of public works shall file with the director of finance three copies of the adjusted fee schedule along with the values the fee schedule is based on. The director of finance shall file the schedules and values with the city clerk to be available for use by the general public and the affected city officials and departments.

(2)    For all water connections a based regional capital facility charge (RCFC) will be assessed and will consist of the following:

(a)    Each water connection will be assigned a “cascade equivalent residential unit” (CERU) factor based on the proposed meter size;

(b)    The water meter shall be sized in accordance with the Uniform Plumbing Code as amended and adopted by Chapter 21.20 of this code;

(c)    A water connection’s CERU factor is based on the flow potential through its meter. A five-eighths-inch by three-fourths-inch meter is assigned a base factor of one. The base RCFC is multiplied by CERU factors based upon water meter sizes as follows:

Meter Size	CERU
5/8" x 3/4"	1
1"	2.5
1-1/2"	5
2"	8
3"	16
4"	25
6"	50
8"	80
10"	115
12"	160

(d)    The RCFC may be adjusted periodically pursuant to the terms of the interlocal agreement between the city and the Cascade Water Alliance.

(e)    Upon receiving the adjusted RCFC, the director of public works shall file with the director of finance three copies of the adjusted fee schedule. The director of finance shall file the schedules with the city clerk to be available for use by the general public and the affected city officials and departments.

(3)    The water connection charge required by subsections (1) and (2) of this section will be assessed against both domestic and irrigation water meter connections.

(4)    When water meter size is increased solely to provide fire sprinkler protection, the water connection charge required by subsections (1) and (2) of this section shall be based on the size required by the Uniform Plumbing Code, as amended and adopted by Chapter 21.20 of this code. (Ord. 3870 § 5, 2002: Ord. 3720 § 2, 1999; Ord. 3573 § 67, 1997; Ord. 3527 § 1, 1996; Ord. 3368 § 5 (part), 1993)

15.14.030 Water meter installation charge.

(a)    The meter installation charge shall be based upon the size of the meter required. Each meter fee shall include a service line inspection fee of fifty dollars and is included in the following schedule:

3/4-inch meter	$108.00
1-inch meter	143.00
1-1/2-inch meter	220.00
2-inch meter	286.00

Any meter in excess of two inches in diameter: the actual cost of the meter plus installation cost plus a fifty-dollar service line inspection fee.

(b)    The fee for installing the meter and the service line including a fifty-dollar administrative fee is as follows:

3/4-inch meter	$444.00
1-inch meter	592.00
1-1/2-inch meter	863.00
2-inch meter	1,034.00

Any meter in excess of two inches in diameter: the actual cost of the meter and service line, plus installation costs, plus street patching costs, plus a fifty-dollar administrative fee.

(c)    Annual Adjustment in Meter Charge. Annually the director of public works shall adjust the meter charges in accordance with the following adjustment formula: the director shall determine for each meter size the average cost to the city for meter plus installation, using the actual cost of meter installation, using the actual cost of meter and installation for the immediate past thirty meter installations; provided, that he shall exclude from the calculation, any meter installation occurring more than three years prior to the date of calculation, and any meter installation where the cost thereof was either fifty percent more than or fifty percent less than the calculated average cost. To the average cost shall be added an administration fee and the sum thereof shall be the adjusted water meter charge to be paid. (Ord. 3720 § 3, 1999; Ord. 3368 § 5 (part), 1993)

15.14.040 Placement of water service lines.

All water service lines shall be placed at least twenty-four inches below the surface of the ground. (Ord. 3368 § 5 (part), 1993)

15.14.050 Fees for special services rendered.

In addition to all other user rates and service connection fees required to be paid to the city, the following special service fees are established and shall be paid by the owner of the property served:

(1)    Customer-Requested Service Shutoff. A water service shutoff or disconnect made at the request of the owner or occupant of the premises served:

(A)    When shutoff may be made by the city during regular business hours, thirty dollars;

(B)    When shutoff can only be made by the city during nonbusiness hours, eighty dollars.

(2)    Water Service Shutoff or Turn-On for Unpaid User Bill. A water service shutoff or disconnect for nonpayment of delinquent water, sewer or refuse bill as authorized by Section 15.20.020, or for turning it on after payment of such delinquencies, forty dollars within normal business hours, ninety dollars if during nonbusiness hours.

(3)    Service Calls. When a service call is made at the request of the owner or occupant of the premises for assistance in shutting off the water line to help locate and/or repair a water line leak, no charge will be assessed if the broken water line was not caused by the owner or occupant of the premises. However, a charge of twenty dollars shall be made if it is determined the water line leak was caused by the owner or occupant of the premises.

(4)    Special Water Meter Reading. A reading of a customer’s water meter, at the request of the owner, title or escrow company, occurring on any day other than the day the city has established as the property’s regular scheduled water meter reading, forty dollars.

(5)    Alternate Billing. When alternate billing is requested as authorized by Section 15.20.010, ten dollars.

(6)    Cut Lock Fee. When the water meter is discovered unlocked after the meter has been turned off and locked for non-payment of delinquent water, sewer or refuse bill as authorized by Section 15.20.020, sixty dollars.

(7)    Shutoff Tag. A customer receiving a shut-off tag notice as final notice before water is shut off for nonpayment, twenty dollars.

(8)    The foregoing fees when incurred shall be added to the next customer billing as provided in Section 15.20.050. (Ord. 4070 § 1, 2006: Ord. 3993 § 1, 2005: Ord. 3368 § 5 (part), 1993)

Chapter 15.16
GENERAL RULES AND
CONDITIONS OF SERVICE*

Sections:

15.16.010    Interruption of service—City not liable.

15.16.020    Volume and pressure—City not liable.

15.16.030    Prevention of water waste.

15.16.040    Water shortage—Use restrictions.

15.16.042    Water restrictions—Powers of the city.

15.16.045    Water restrictions—Penalty.

15.16.047    Enforcement.

15.16.050    Connection between private and city system prohibited.

15.16.060    Shut-off for repairs—Notice.

15.16.070    Installations of water service pipe.

15.16.080    Access to water meter to be maintained.

15.16.090    Water consumption meters—Size requirements—Penalty for failure to install.

*    For regulations pertaining to drainage and discharges into sewers, see Chapter 15.36 of this title. For regulations pertaining to offenses, see Chapter 15.40 of this title.

15.16.010 Interruption of service—City not liable.

The department of public works will use all reasonable means to provide an adequate and continuous water service for all customers, but in case the water service is interrupted or reduced for any cause, the city shall not be liable for any injury or damages resulting therefrom and any such interruptions or reductions in service shall not give rise to any cause of action for a breach of agreement for service. (Ord. 3368 § 6 (part), 1993: Ord. 2062 § 4.01, 1969)

15.16.020 Volume and pressure—City not liable.

The city makes no commitments as to the volume of water available, pressure per square inch or continuity of service, and will not be liable for injuries or damages due to insufficient volume, inadequate pressure or interruption of service. (Ord. 3368 § 6 (part), 1993: Ord. 2062 § 4.02, 1969)

15.16.030 Prevention of water waste.

It shall be the duty of each customer to eliminate waste of water supply by repairing, or causing to be repaired, any defective or leaking pipe or plumbing fixture. No person shall use more water for irrigation or other uses than is reasonably necessary. (Ord. 2062 § 4.03, 1969)

15.16.040 Water shortage—Use restrictions.

In case of shortage of water, the department of public works is authorized to impose water use restrictions in order to efficiently safeguard the safety and health of the general public or to provide for the public convenience. The use of water for irrigation, cooling, or other uses may be forbidden, restricted, or regulated and such regulations may be made effective as to all customers or as to particular classes of customers. Rationing may be imposed during any shortage of water, either in lieu of or in addition to other measures hereby authorized. (Ord. 3083 § 1, 1988: Ord. 2062 § 4.04, 1969)

15.16.042 Water restrictions—Powers of the city.

The director of public works shall conduct public education efforts regarding the benefits and necessity of conservation by the public, and is authorized to promulgate such rules and regulations as may be necessary to implement water use restriction. The director of public works is further authorized to make exceptions to such restrictions in specific cases as he/she finds reasonable, such as, but not limited to, watering newly seeded or sodded lawns, alleviating unnecessary economic hardship to commercial or industrial activities or preventing possible damage to health, safety or welfare. (Ord. 3083 § 2, 1988)

15.16.045 Water restrictions—Penalty.

It is unlawful for any person to violate water use restrictions. In addition to other lawful remedies, the director of public works is authorized to impose a surcharge of up to fifty dollars for each day a customer’s water usage practices exceeds water conservation restrictions as provided for in this chapter. Said surcharge will be added to and become a part of the water bill for the customer in addition to any service rate amounts as set forth in Chapter 15.20 of this code. Prior to the imposition of a surcharge, the public works department shall send a notice at the service address advising of the customer’s water usage practices in excess of mandatory water shortage restrictions and advising that a surcharge may be imposed for any further violations. (Ord. 3083 § 3, 1988)

15.16.047 Enforcement.

(a)    Each police officer of the city and the director or any employee of the city public works department or fire and building department shall have the authority to enforce the provisions of this chapter.

(b)    In addition to penalties otherwise provided, the director of public works is authorized to install a water restricting device on the waterline or lines serving any person who commits a second or subsequent violation of any of the provisions of this chapter. Alternatively, after such notice of a violation as may reasonably be given based on the circumstances, the director of public works may cause water service to be terminated for subsequent or continuing violation of water conservation restrictions. (Ord. 3083 § 4, 1988)

15.16.050 Connection between private and city system prohibited.

The city will not permit any physical connection between private water supply and the city distribution system or supply line. (Ord. 2062 § 4.05, 1969)

15.16.060 Shut-off for repairs—Notice.

The city shall, whenever it finds it to be necessary for the purpose of making repairs or improvements to the system, have the right to suspend temporarily the delivery of water. In all such cases, as reasonable notice thereof as circumstances will permit, will be given to the customer. Such repairs and improvements will be made as rapidly as may be practicable and at such times as will cause the least inconvenience to the customer. (Ord. 2062 § 4.06, 1969)

15.16.070 Installations of water service pipe.

Water service pipes running from the water main to the meter shall be installed by a licensed contractor with a right-of-way use permit. Upon installation of the service line, the city will install the appropriate water meter and meter box. The department of public works reserves the right to install both the service line and the meter. A water service pipe from the meter to the premises being served will be maintained by the property owner. In cases where a meter may be located a considerable distance from the main, the customer shall maintain the service pipe for the entire distance from the normally designated location of the water meter to the point of ultimate usage or consumption. (Ord. 3368 § 6 (part), 1993: Ord. 2653 § 1, 1982: Ord. 2062 § 4.07, 1969)

15.16.080 Access to water meter to be maintained.

A.    It is unlawful for any person owning or occupying any premises served by the city water system to permit the accumulation of dirt, debris, landscaping materials or vegetation over or around the water service meter, or to in any other manner obstruct physical or visual access to the meter for either repair, inspection or reading.

B.    If, following ten days’ notice from the city to do so, any such owner or occupant has failed to remove any landscaping, dirt, debris or other material or objects which obstruct the meter reader’s ability to read, inspect or repair the meter, then the city may cause to have such clearing work accomplished, and the cost therefor will appear on the water bill at the next regular billing period. If the cost is not then timely paid, water service may then be disconnected in the same manner as for any other nonpayment of a water consumption charge. (Ord. 2628 § 1, 1981)

15.16.090 Water consumption meters—Size requirements—Penalty for failure to install.

A.    Every customer connecting to the city water system shall provide for installation of a water consumption meter sized in accordance with the provisions of the Uniform Plumbing Code (Section 1009); provided, that no consumption meter shall be smaller than three-fourths-inch by five-eighths-inch.

B.    Every customer shall, upon request of the department of public works, provide for replacement of the water consumption meter with a larger water consumption meter, in accordance with subsection A above, whenever additional plumbing fixtures are added to the premises served, or water is withdrawn from the system through the meter in excess of the rated capacity of the existing water consumption meter. Failure to so install when required by the city pursuant to this section shall result in a discontinuance of water service. (Ord. 3368 § 6 (part), 1993: Ord. 2629 § 1, 1981)

Chapter 15.20
BILLING PROCEDURES

Sections:

15.20.010    Person billed.

15.20.020    Due date—Delinquency—Penalty.

15.20.030    Delinquency constitutes a lien.

15.20.040    Discontinuance of service not relief from payment.

15.20.050    Bimonthly billing.

15.20.010 Person billed.

Charges for refuse, water and sewer services furnished by the city shall be billed to the owner of the property to which the services are rendered; provided, that when the owner and tenant in possession, in writing, file with the city a request that the billing be sent to the tenant, the city manager acting through the director of finance may, at his discretion, grant such a request, subject to such reasonable conditions as he finds are appropriate. Notwithstanding to whom the billing is sent, the obligation for payment shall be the joint and several responsibility of the property owner and the tenant. (Ord. 3573 § 68, 1997: Ord. 3368 § 7 (part), 1993: Ord. 2942 § 1, 1986: Ord. 2062 § 5.01, 1969)

15.20.020 Due date—Delinquency—Penalty.

All charges for utility services furnished by the city shall be due and payable to the city on the date shown on the face of the bill. Charges for services remaining unpaid at the close of business on the thirtieth day following the billing date shall be considered delinquent and automatically subject to an additional charge, as a penalty, of ten percent of the delinquent amount. Payments will first be applied to the oldest delinquent charges. Remaining funds will be credited first against current charges from the garbage utility, then against current charges related to the sewer system, and then applied to current charges from the water utility. If the delinquent charges and penalties are still unpaid at the close of business on the fortieth day following the billing date, the services shall be discontinued and the water supply shall be turned off at the meter. The water service shall not be restored until all charges, penalties and fees shall have been paid. (Ord. 3368 § 7 (part), 1993: Ord. 3091 § 1, 1988: Ord. 2653 § 3, 1982: Ord. 2062 § 5.02, 1969)

15.20.030 Delinquency constitutes a lien.

All charges for water service installation and sewer installations and all monthly service rates provided for in this title, together with penalties and interest thereon, when unpaid and delinquent shall be a lien upon the property to which the water or sewer service is rendered superior to all other liens and encumbrances whatsoever except for general taxes and local special assessments. Enforcement of such lien or liens shall be in the manner provided by law. (Ord. 3368 § 7 (part), 1993: Ord. 2062 § 5.03, 1969)

15.20.040 Discontinuance of service not relief from payment.

Discontinuance of service for any cause stated in this chapter shall not release the customer from his obligation to the city for payment of bills or charges. In addition, before water service is restored to such property, the customer will be subject to the water turn-on fee as described in Section 15.14.050. (Ord. 3368 § 7 (part), 1993: Ord. 2062 § 5.04, 1969)

15.20.050 Bimonthly billing.

All charges for water services and for sewer services shall be billed to the customer by the city on a bimonthly billing cycle. Actual water consumption will be charged to the date of the meter reading. All charges for service will be from the beginning of one month to the end of the following month. All bills shall be paid to the department of finance. (Ord. 3573 § 69, 1997: Ord. 3368 § 7 (part), 1993: Ord. 2062 § 5.05, 1969)

Chapter 15.24
MONTHLY SERVICE AND CONSUMPTION RATES*

Sections:

15.24.010    Service rates established.

15.24.020    Monthly water rates.

15.24.030    Service to condominium.

15.24.040    Hydrant meter water usage rates.

15.24.050    Reduction for lost water.

15.24.060    Water service for fire protection only.

15.24.070    Monthly volume-based sewer rates.

15.24.080    Exempt meters—Nonresidential customers only.

15.24.100    Qualified senior citizen rate.

*    For the statutory provisions regarding the rates that may be charged by a city and the factors that the city may consider when determining its fees, see RCW 35.67.020.

15.24.010 Service rates established.

The monthly service rates to be paid to the city by customers of the water-sewer system are established as set forth in this chapter. The basic or minimum rates for both water and sewer shall be charged whether the premises are occupied or vacant. (Ord. 3368 § 7 (part), 1993: Ord. 3238 § 2, 1990)

15.24.020 Monthly water rates.

The monthly water charge required to be paid to the city by customers of the water system is established in Table 15.24.020.

		Table 15.24.020 (Effective 2009)
		Customer Class	Rate
a.	Single-family residential
	(1)	Basic charge (includes 200 cubic feet of water consumed)	$15.30
	PLUS
	(2)	Water consumption charge – 201 cubic feet to 1,200 cubic feet	$3.66 per 100 cubic feet
	PLUS
	(3)	Water consumption charge – over 1,200 cubic feet	$4.80 per 100 cubic feet
b.	All other customers, including commercial and multifamily residential
			Meter Size (inches)	Rate
	(1)	Basic charge per size of meter	5/8 x 3/4	$14.07
			1	$24.19
			1-1/2	$38.45
			2	$61.68
			3	$175.21
			4	$242.02
			5	$312.93
			6	$414.32
			8	$617.12
		PLUS
	(2)	Water consumption charge	$4.25 per 100 cubic feet of water consumed
	PLUS
	(3)	Sprinkler consumption charge	$4.80 per 100 cubic feet of water consumed

		Table 15.24.020 (Effective 2010)*
		Customer Class	Rate
a.	Single-family residential
	(1)	Basic charge (includes 200 cubic feet of water consumed)	$16.21
	PLUS
	(2)	Water consumption charge – 201 cubic feet to 1,200 cubic feet	$3.88 per 100 cubic feet
	PLUS
	(3)	Water consumption charge – over 1,200 cubic feet	$5.09 per 100 cubic feet
b.	All other customers, including commercial and multifamily residential
			Meter Size (inches)	Rate
	(1)	Basic charge per size of meter	5/8 x 3/4	$14.91
			1	$25.64
			1-1/2	$40.76
			2	$65.38
			3	$185.72
			4	$256.54
			5	$331.71
			6	$439.18
			8	$654.15
	PLUS
	(2)	Water consumption charge	$4.50 per 100 cubic feet of water consumed
	PLUS
	(3)	Sprinkler consumption charge	$5.09 per 100 cubic feet of water consumed

*    Code reviser’s note: Section 2 of Ordinance 4148 provides, “The monthly service and consumption rates for water customers established in this ordinance shall go into effect and become the rates to be charged as of December 1, 2009, provided, however, that the monthly rates for water customers billed on the City of Kirkland billling cycles number 2, number 4, and number 5 shall go into effect January 1, 2010.

(Ord. 4148 § 1, 2008; Ord. 4147 § 1, 2008; Ord. 4068 § 1, 2006; Ord. 4066 § 1, 2006; Ord. 4012 § 1, 2005; Ord. 3851 § 1, 2002; Ord. 3804 § 1, 2001: Ord. 3788 § 2, 2001)

15.24.030 Service to condominium.

For the purposes of Chapters 15.20 and 15.24, “single-family residence” includes any condominium unit which is a dwelling and has a separate water meter. A “condominium unit” is a part of property which is governed by the Horizontal Property Regimes Act (RCW Chapter 64.32) or Condominium Act (RCW Chapter 64.34). If a condominium unit does not have a separate water meter, service charges will be billed to the person responsible for maintenance of the water service pipe from the water meter to the condominium unit or to the owner of another part of the property. (Ord. 3296 § 1, 1991)

15.24.040 Hydrant meter water usage rates.

The use of any fire hydrant for domestic use without a city-issued hydrant water meter is prohibited. A hydrant water meter may be obtained through the water department and is subject to the following fees:

Hydrant Meters
Deposits:
	3/4-inch		$450.00
	2-inch		$900.00
Water consumption rates:
	At the current sprinkler consumption charge and a monthly minimum fee of:
		3/4-inch	$5.00
		2-inch	$20.00
Water fill station permit:
	At the current sprinkler consumption charge with a $10.00 minimum.
The “current sprinkler consumption charge” is the rate set forth in Table 15.24.020.

(Ord. 3766 § 1, 2000: Ord. 3720 § 4, 1999: Ord. 3368 § 7 (part), 1993)

15.24.050 Reduction for lost water.

All water lost from any size meter unknown to the owner and proved to be a failure in the plumbing, may be charged out at current wholesale plus ten percent and the owner’s bill credited for the balance. (Ord. 3368 § 8 (part), 1993: Ord. 2129 § 1 (part), 1970: Ord. 2062 § 6.04, 1969)

15.24.060 Water service for fire protection only.

All water lines installed on private property for fire protection only do not require a meter and are not subject to monthly service charges, provided the installation is not used for any other use or purpose, and the installation was made at no expense to the city. (Ord. 2129 § 1 (part), 1970: Ord. 2062 § 6.05, 1969)

15.24.070 Monthly volume-based sewer rates.

(a)    The monthly sewer charge required to be paid to the city by customers of the Kirkland sewer system is established in Table 15.24.070.

(b)    Annually, the city will calculate each single-family residential customer’s average winter water consumption (“AWWC”). The resulting AWWC will be the basis for such customer’s monthly sewer rate for the following calendar year.

(c)    The director of public works is authorized to adopt administrative procedures for the purpose of administering the provisions of this chapter, including the procedure for annual calculation of average winter water consumption.

	Table 15.24.070 (Effective 2009)
	Customer Class	Rate
a.	Single-family residential
	Basic charge	$42.22 for first 300 cubic feet of average winter water consumption (“AWWC”).
	PLUS
	Consumption charge	$3.44 per 100 cubic feet of AWWC beyond first 300 cubic feet.
b.	Multifamily residential and commercial
	Basic charge	$40.80 for first 600 cubic feet of water consumed.
	PLUS
	Consumption charge	$7.16 per 100 cubic feet of water consumed beyond first 600 cubic feet.

c.	In special cases, single-family residents will be billed according to the following policies:
	Special Case	Sewer Rate Policy
	New homes	Billed only basic charge until use is established.
	Changes in property ownership	Billed only basic charge until use is established.
	Changes in tenancy	Billed only basic charge until use is established.
	Non-water customers	Billed at system average.
	Leak adjustments	Billed per adjusted winter volume. City will factor water leak adjustment into calculation for sewer rate.

	Table 15.24.070 (Effective 2010)*
	Customer Class	Rate
a.	Single-family residential
	Basic charge	$43.00 for first 300 cubic feet of average winter water consumption (“AWWC”).
	PLUS
	Consumption charge	$3.70 per 100 cubic feet of AWWC beyond first 300 cubic feet.
b.	Multifamily residential and commercial
	Basic charge	$42.01 for first 600 cubic feet of water consumed.
	PLUS
	Consumption charge	$7.37 per 100 cubic feet of water consumed beyond first 600 cubic feet.

c.	In special cases, single-family residents will be billed according to the following policies:
	Special Case	Sewer Rate Policy
	New homes	Billed only basic charge until use is established.
	Changes in property ownership	Billed only basic charge until use is established.
	Changes in tenancy	Billed only basic charge until use is established.
	Non-water customers	Billed at system average.
	Leak adjustments	Billed per adjusted winter volume. City will factor water leak adjustment into calculation for sewer rate.

*    Code reviser’s note: Section 2 of Ordinance 4146 provides, “The monthly service and consumption rates for sewer customers established in this ordinance shall go into effect and become the rates to be charged as of December 1, 2009, provided, however, that the monthly rates for sewer customers billed on the City of Kirkland billling cycles number 2, number 4, and number 5 shall go into effect January 1, 2010.

(Ord. 4146 § 1, 2008; Ord. 4145 § 1, 2008; Ord. 4069 § 1, 2006; Ord. 4067 § 1, 2006; Ord. 4013 § 1, 2005; Ord. 3962 § 1, 2004; Ord. 3912 § 2, 2003)

15.24.080 Exempt meters—Nonresidential customers only.

(a)    Where the use of water by a nonresidential customer is such that a portion of all of the water used does not flow into the sewer system, but is lost by evaporation, irrigation, sprinkling or other causes, or is used in manufacturing or in a manufacturer’s product, and the person in control provides proof of this fact to the satisfaction of the director of public works and installs other measuring devices approved by the city manager acting through the public works

director to measure the amount of water so used and so lost, no charge shall be made for sewer service because of water so used or lost.

(b)    In addition to the above, the measuring devices (exempt or deduct meters) are subject to the following:

(1)    Deduct meter readings are to be turned in bimonthly, in writing, to the city utility billing department on the fifteenth of each month. Written deduct meter readings shall be sent to:

The City of Kirkland

123 5th Ave.

Kirkland, WA 98033

Att: Utility Billing

(2)    Deduct meters will be inspected twice annually on or about the first day of January and on or about the first day of July by the department of public works. The fee for each inspection shall be twenty-five dollars paid by the customer.

(3)    The customer is responsible for reporting when a deduct meter has been damaged (the date) and when the meter is to be replaced or repaired. All repairs or replacement of the deduct meters shall be performed by a licensed contractor and the customer shall be responsible for all associated costs.

(4)    Deduct meters shall be tested at least every five years or more frequently as determined by the director of public works. The customer is responsible for the testing cost. If the meter is not tested within one month of notice by the department of public works, the deduct meter will no longer be recognized by the utility billing department.

(5)    Only meters certified by the department of public works shall be used as deduct meters. The water department shall keep a current list of acceptable meters.

(6)    When it is necessary for city staff to read or inspect a deduct meter, the customer or a building representative shall be available to accompany city staff when entering the building. (Ord. 3368 § 8 (part), 1993: Ord. 3238 § 5, 1990: Ord. 2129 § 1, (part), 1970: Ord. 2062 § 6.07, 1969)

15.24.100 Qualified senior citizen rate.

(a)    The water and wastewater user rates to be charged to a qualified low-income senior citizen single-family residential customer shall be:

(1)    Water.

(A)    Fifty percent of the basic charge (includes two hundred cubic feet of water consumed) as set forth in Table 15.24.020.

(B)    Water consumption charge as set forth in Table 15.24.024.

(2)    Sewer. Seventy-five percent of the single-family residential rate set forth in Table 15.24.070.

(b)    For the purposes of this section, “qualified low-income senior citizen” means a person who meets the following qualifications:

(1)    Resides in a single-family residential unit;

(2)    Customer or spouse, if married, must be sixty-two years of age or older; and

(3)    Gross income received by customer and spouse, if married, shall not exceed (from all sources of income), as to either single persons or married persons as the case may be, the annual low-income index generated by the county for use in federal housing and community development block grant programs in the county.

(c)    Proof of qualification, including verification of gross income level, shall be made by affidavit of qualification signed under oath by the senior citizen customer and then filed with the city. The affidavit of qualification form shall be furnished by the city. The city, in its discretion, may also require the senior citizen customer to provide copies of his or her Social Security benefits statement and federal income tax return for the previous year. In addition, the city, in its discretion, may require any customer paying the qualified senior citizen rate to produce updated proof of qualification at any time in accordance with the provisions of this subsection. A customer paying the qualified senior citizen rate must promptly notify the city if the customer no longer meets the criteria for receiving the qualified senior citizen rate.

(d)    A single-family residential customer who is either disabled or blind, according to Social Security criteria, and who also meets the qualification of subparagraphs (1) and (3) of subsection (b) of this section shall for the purposes of this section be a qualified senior citizen customer.

(e)    A single-family residential customer who requires home kidney dialysis treatment, as certified by a recognized kidney center, and who also meets the qualifications of subparagraphs (1) and (3) of subsection (b) of this section shall for the purposes of this section be a qualified senior citizen customer. (Ord. 3766 § 5, 2000: Ord. 3515 § 2, 1995: Ord. 3295 § 3, 1991: Ord. 3248 § 1, 1991: Ord. 3198 § 1, 1989)

Chapter 15.28
SIDE SEWERS—CONSTRUCTION,
REPAIR AND CONNECTION

Sections:

15.28.010    Connection required.

15.28.020    Connection notice—Noncompliance—Costs charged to owner.

15.28.040    Connection—Compliance and permit required.

15.28.050    Connection permit—Application—Contents—Approval.

15.28.060    Connection—Ascertainment of permit possession.

15.28.070    Construction inside property line—Permit required—Leaving excavation unguarded.

15.28.080    Permit—Only specified work to be done.

15.28.100    Permits—Term—Renewal.

15.28.110    Permit fees—Use.

15.28.120    Permit card—Posting required.

15.28.130    Inspections.

15.28.135    Side sewer ownership.

15.28.140    Filling trenches and covering sewer—Inspection prerequisite.

15.28.150    Backfilling excavations.

15.28.160    Contractor noncompliance—Notice—Costs charged to contractor.

15.28.170    Side sewer—Nonconforming or dangerous—Failure to construct or repair—Notice.

15.28.180    Installation, construction and maintenance costs borne by owner.

15.28.190    Existing side sewer—Use—Approval.

15.28.200    Lifting house drain—Backups—Backwater sewage valve.

15.28.210    Grades—Cover—Diameter—Vaults and privies.

15.28.220    Downspouts.

15.28.230    Easements.

15.28.240    Materials and workmanship—Excavations.

15.28.242    Materials.

15.28.250    Disturbing sewer systems unlawful.

15.28.260    Excavations—Protection.

15.28.270    Restoration of streets and sidewalks.

15.28.280    Inspections—Authority.

15.28.290    Rules and regulations.

15.28.010 Connection required.

(a)    The owner or occupant of any lands or premises shall connect all buildings located thereon to the nearest accessible public sewer whenever there is a public sewer within three hundred thirty feet as measured along the public right-of-way or easements thereof, as follows:

1.    Existing buildings must connect if:

A.    Single-family dwellings:

(1)    Replacement of existing septic tank or drainfield is necessary;

(2)    Additional construction is proposed that adds sewage load or in any way affects on-site sewage disposal; and in either case

(3)    Any portion of the property is within three hundred thirty feet of a public sewer.

Concomitant agreements providing for future connection to the sanitary sewer system will be required for any permits issued for property meeting either (1) or (2) above, but lying outside the distance limits specified in paragraph (3) above.

B.    Multifamily dwellings and nonresidential buildings must connect if:

(1)    Replacement of septic tank or drainfield is necessary; or

(2)    Additional construction is proposed that adds sewage load or in any way affects on-site sewage disposal; and

(3)    Any portion of the property is within six hundred sixty feet of a public sewer line.

Concomitant agreements providing for future connection to the sanitary sewer system will be required for any permits issued for property meeting either (1) or (2) above, but lying outside the distance limits specified in paragraph (3) above.

C.    Notwithstanding any of the above, existing developments shall connect when a health hazard is found to exist within the neighborhood, as determined by the county health department, city of Kirkland, or other agency with jurisdiction.

2.    New developments, buildings or structures:

A.    Single-family dwellings on an existing lot or a new lot created by a short subdivision must connect if the lot size is less than thirty-five thousand square feet and the lot is located within three hundred thirty feet of a sanitary sewer.

B.    Notwithstanding any of the above, on-site disposal in lieu of connection shall be granted only

upon written approval of the King County health department, the city of Kirkland, or other agency having jurisdiction, and a concomitant agreement providing for future connection to the sanitary sewer has been signed and delivered to the city.

C.    The following land development actions shall require connection to the public sewer system regardless of the distance of the land from the public sewer: short subdivision, subdivision, multifamily construction, or nonresidential construction, unless sewer connection is exempted by subsection 2.A above.

3.    The city engineer shall prescribe the manner in which such connection shall be made.

(b)    No drain or sewer shall be constructed so as to discharge upon the surface of any public area. (Ord. 3368 § 10 (part), 1993: Ord. 3252 § 1, 1991; Ord. 3203 § 1, 1990; Ord. 3020 § 2, 1987: Ord. 874 § 3.0, 1962)

15.28.020 Connection notice—Noncompliance—Costs charged to owner.

(a)    Whenever any land, buildings or premises is required to be connected with a public sewer or otherwise drained, as provided in Section 15.28.010, the King County health officer shall serve upon the owner, agent, or occupant of the lands, buildings or premises, a notice in writing specifying the time within which such connection must be made, which time shall not be more than sixty days from the date of delivery of such notice.

(b)    If such owner, agent or occupant fails and neglects or refuses to connect the lands, buildings or premises with the public sewer within the specified time, the health officer shall notify the city engineer, whereupon the city engineer may make such connection and the cost thereof shall be charged to the owner, agent or occupant and a bill showing the amount thereof mailed or delivered to him or posted upon the premises, whereupon the amount shall immediately be paid to the city treasurer. (Ord. 3368, § 10 (part), 1993: Ord. 874 § 4.0, 1962)

15.28.040 Connection—Compliance and permit required.

(a)    It is unlawful to make any connection with any public or private sewer, drain or natural outlet without complying with all the provisions of this chapter and Chapter 15.36 in relation thereto and having a permit to do so from the city.

(b)    If side sewer work is required in a public right-of-way or easement but outside of the property it serves, the city shall not issue a side sewer permit to any person unless such person holds a valid Washington State plumber’s certificate or permit, issued pursuant to Chapter 18.106, Revised Code of Washington, or a general contractor licensed under the state of Washington.

(c)    No licensed contractor shall break, alter or tamper with any public sewer, provided, however, he may connect to a “Y” or “T” under the supervision and approval of the city engineer. (Ord. 3368 § 10 (part), 1993: Ord. 2718 § 1, 1982: Ord. 874 § 6.0, 1962)

15.28.050 Connection permit—Application—Contents—Approval.

(a)    Application for the permit required by Section 15.28.040 shall be filed with the city engineer stating the name of the owner, the correct address and legal description of the property to be served, dimensions and locations of any buildings on the property and the whole course of the drain from the public sewer or other outlet to its connection with the building or property to be served. The application shall be submitted to the city engineer for approval, who may change or modify the same and designate the manner and place in which such sewers shall be connected with the public sewer, may also specify the material, size and grade of such sewer, and shall endorse his approval upon the application if the same is acceptable to him. The city engineer will require the permittee to furnish him plans pertaining to the application and issuance of the permit.

(b)    Upon approval of the application, the city engineer shall issue for his records a sewer plat showing the size and location of the public sewer, the point of connection, the location of any buildings on the lot, and such other information as may be available and required.

(c)    Upon approval of the application and issuance or the permit it shall be unlawful to alter or to do any other work than as provided for in the permit.

(d)    The city engineer shall prepare and keep on file in his office all cards and records of sewer connections showing the information obtained in the course of inspection of completed work done under the permit. (Ord. 874 § 7.0, 1962)

15.28.060 Connection—Ascertainment of permit possession.

Any employee of the city shall have the authority when finding any person breaking ground for the purpose of making connection with a public or private sewer or drain, to ascertain if such person has a permit therefor, and, if not, to immediately report the fact to the city engineer. (Ord. 3086 § 9, 1988: Ord. 874 § 8.0, 1962)

15.28.070 Construction inside property line—Permit required—Leaving excavation unguarded.

(a)    It is unlawful to construct, extend, relay, repair or to make connection to any sanitary sewer or drain inside any real property without obtaining a permit from the city engineer as provided in Section 15.28.040. The city engineer may issue such permit to the owner or occupant of any property to construct, extend, relay, repair or make connection to any private sanitary sewer inside the property lines; provided, such owner or occupant shall comply with the applicable provisions of this chapter and Chapter 15.36, except that he need not employ a licensed side sewer contractor to do the work, such contractor shall take the permit in his own name and the owner, occupant or other person shall lay no pipe on the contractor’s permit.

(b)    It is unlawful to leave unguarded any excavation made in connection with the construction or repair of any side sewer within four feet of any public place or to fail to maintain the lateral support of any public place in connection with the construction, alteration or repair of any side sewer or drain. In any case, no excavation on private property or within public right-of-way or easements shall be left open (not backfilled) over night. (Ord. 3368 § 10 (part), 1993: Ord. 874 § 9.0, 1962)

15.28.080 Permit—Only specified work to be done.

When a permit has been issued for a side sewer as herein provided, no work other than that covered by the permit, shall be done without the approval of the city engineer; and he may, if he determines the addition works of sufficient consequence require a new permit to cover the same. (Ord. 3368 § 10 (part), 1993: Ord. 874 § 10.0, 1962)

15.28.100 Permits—Term—Renewal.

No permit issued under this chapter shall be valid for a longer period than one year unless extended or renewed by the city engineer upon application therefor prior to expiration. Failure to renew the permit prior to expiration thereof shall require the payment of a new permit fee. (Ord. 3086 § 11, 1988: Ord. 874 § 12.0, 1962)

15.28.110 Permits fee—Use.

The fee for side sewer permits as required under Section 15.28.040 to install and connect a newly constructed side sewer is established at three hundred twenty five dollars effective May 1, 2005, and four hundred dollars effective March 1, 2006. Such fee shall cover all cost and expenses of inspection by the city as may be required by this chapter and Chapter 15.36. The fee for a permit to repair an existing side sewer, or to witness the capping of an existing side sewer, or witness the abandonment of an existing septic tank is established at fifty-five dollars. (Ord. 3987 § 4, 2005: Ord. 3675 § 1 (part), 1998: Ord. 3368 § 10 (part), 1993: Ord. 2639 § 1, 1981: Ord. 2586 § 2, 1981: Ord. 933 § 1, 1964: Ord. 874 § 13.0, 1962)

15.28.120 Permit card—Posting required.

The permit card required by this chapter and obtained with the side sewer permit must at all times during the performance of the work, and until the completion thereof and approval by the city engineer, be posted in some conspicuous place at or near the work and must be readily and safely accessible to the city engineer. (Ord. 3368 § 10 (part), 1993: Ord. 874 § 14.0, 1962)

15.28.130 Inspections.

(a)    Any person performing work under permit pursuant to the provisions of this chapter shall notify the city engineer when the work will be ready for inspection, and shall specify in such notification the location of the premises by address and the file number of the permit.

(b)    Forty-eight hours notice plus Saturday, Sunday and holidays may be required by the city engineer on any request for inspection.

(c)    If the city engineer finds the work or material used is not in accordance with this chapter, the public works standards and Chapter 15.36, he shall notify the person doing the work, and also the owner of the premises, by posting a written notice on the permit card, 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.

(d)    In the case of a licensed side sewer contractor, either the contractor or a competent representative shall be on the premises, whenever so directed to meet the inspector. (Ord. 3368 § 10 (part), 1993: Ord. 874 § 15.0, 1962)

15.28.135 Side sewer ownership.

It shall be the responsibility of the property owner to own and maintain the side sewer from the connection at the main to the building. In the event that more than one property is served by a single side sewer, it shall be the responsibility of all property owners using the side sewer to jointly maintain that portion of the side sewer serving more than one property.

In any case where a jointly maintained side sewer line is approved by the city engineer, a joint maintenance agreement supplied by the department of public works shall be recorded with the King County assessors office prior to issuance of any side sewer permits for the subject properties. (Ord. 3368 § 11, 1993)

15.28.140 Filling trenches and covering sewer—Inspection prerequisite.

No trench shall be filled nor any sewer covered until the work shall have been inspected and approved by the city engineer. (Ord. 874 § 16.0, 1962)

15.28.150 Backfilling excavations.

All work within the limits of any public area shall be carried on to completion with due diligence, and if any excavation is left open beyond a time reasonably necessary to fill the same, the city engineer may cause the same to be backfilled and the public area restored forthwith, and any cost incurred in such work shall be charged to the side sewer contractor in charge of such work and shall be immediately payable to the city treasurer by the contractor upon written notification of the amount thereof given to the contractor or posted at the location. (Ord. 874 § 17.0, 1962)

15.28.160 Contractor noncompliance—Notice—Costs charged to contractor.

If any work done under a permit is not done in accordance with the provisions of this chapter and Chapter 15.36 and the plans and specifications as approved by the city engineer, and if the contractor or person doing the work refuses to properly construct and complete such work, notice of such failure or refusal shall be given to the owner or occupant of the property for whom said work is being done, and the city engineer may cause the work to be completed and the sewer connected in the proper manner, and the cost of such work and any materials necessary therefor shall be charged to the owner or contractor and be payable by the owner or contractor immediately upon the city engineer’s giving written notice of the amount thereof or posting a notice thereof on the premises. (Ord. 3368 § 10 (part), 1993: Ord. 874 § 18.0, 1962)

15.28.170 Side sewer—Nonconforming or dangerous—Failure to construct or repair—Notice.

When any side sewer is constructed, laid, connected or repaired, and does not comply with the provisions of this chapter and Chapter 15.36, or where it is determined by the health officer or the city engineer that a side sewer, storm drain, septic drain field, ditch, or natural watercourse is obstructed, broken, or inadequate or is a menace to health or threatens to cause damage to public or private property, the King County health officer and/or the city engineer shall give notice to the owner, agent or occupant of the property in which such condition exists and if he refuses to reconstruct, relay, reconnect, repair or remove the obstruction of the side sewer, storm drain, septic drain field, ditch or natural watercourse within the time specified in such notice, the King County health officer shall so notify the city engineer and the city engineer may perform such work as may be necessary to comply with this chapter and Chapter 15.36, and the cost of such work so done shall be charged to the property owner or occupant and shall be come immediately payable to the city treasurer upon written notice of such amount being given to the property owner or occupant or posted upon the premises. (Ord. 3368 § 10 (part), 1993: Ord. 874 § 19.0, 1962)

15.28.180 Installation, construction and maintenance costs borne by owner.

All costs and expenses incidental to the installation and connection and maintenance of a side sewer shall be borne by the owner or occupant of the premises served by the side sewer. (Ord. 874 § 20.0, 1962)

15.28.190 Existing side sewer—Use—Approval.

The use of an existing side sewer may be permitted when approved by the city engineer as conforming to all requirements of this chapter and Chapter 15.36 for a new or converted building or new installation replacing an old one. (Ord. 874 § 21.0, 1962)

15.28.200 Lifting house drain—Backups—Backwater sewage valve.

(a)    In any building, structure or premises in which a house drain or other drainage is too low to permit gravity flow to the public sewer the same shall be lifted by artificial means and discharged in the public sewer.

(b)    Whenever a situation exists involving an unusual danger of backups the city engineer may prescribe a minimum elevation at which the house drain may be discharged into the public sewer. drains or sewers below such minimum elevation shall be lifted by artificial means and if directed by the city engineer a backwater sewage valve be installed. The effective operation of the backwater sewage valve shall be the responsibility of the owner of the sewer or drain. Approval of a backwater sewage valve shall be made only upon the applicant’s agreeing to save the city harmless from all damage resulting therefrom in a form acceptable to the city attorney and a copy of the recorded document shall be provided to the city. (Ord. 3086 § 12, 1988: Ord. 874 § 22.0, 1962)

15.28.210 Grades—Cover—Diameter—Vault and privies.

(a)    All side sewers shall be laid on a not less than two percent grade; shall be at least thirty inches from any foundation wall of any building, and, if there be no foundation wall, at least thirty inches from the outer line of any footings, pilings, or building supports; shall have at least sixty inches of cover at the curb line or any public alley, thirty inches of cover at the property line and eighteen inches of cover on the private property. A side sewer which is laid generally parallel to the curb or curb line shall have at least forty-eight inches of cover unless approved by the city engineer. All side sewer shall be at least six inches in diameter in public areas except as otherwise specified in the “Standard Plans and Specifications of the City of Kirkland.” Not more than one building shall be connected to a side sewer except by permission of the city engineer and the written agreement of all owners using the same side sewer. Any one single-family residence shall be connected with at least four-inch diameter pipe and any multiple dwelling, industrial or commercial building or group of two single-family residences shall be connected with at least a six-inch diameter pipe. All cover measurements shall be based on the established curb or curb line elevation or the sidewalk or sidewalk line elevation.

(b)    All vaults or privies shall be disinfected and filled with fresh pea gravel; and all septic tanks, cesspools and similar installations shall be disinfected and filled with fresh pea gravel at the time of the discontinuance of the use thereof. (Ord. 3368 § 10 (part), 1993: Ord. 3086 § 13, 1988: Ord. 874 § 23.0, 1962)

15.28.220 Downspouts.

The connection of any downspout with a sanitary sewer is hereby prohibited and declared to be unlawful. (Ord. 3086 § 14, 1988: Ord. 874 § 23.1, 1962)

15.28.230 Easements.

(a)    Before any side sewer may be located on any building site other than that owned by the owner of the side sewer, the owner of the side sewer shall secure from the owner of such building site a written easement duly acknowledged covering and granting the right to occupy such property for such purpose, and such written easement shall be recorded by the owner of the sewer in the office of the county records.

(b)    Before the city engineer issues a permit authorizing the laying of a side sewer on any building city other than the one served by it, the owner of the sewer shall secure from the building site owner and record with the King County records office the sewer easement herein referred to and shall exhibit to the city engineer the recording number thereof.

(c)    Where a side sewer is to be connected in a public area to a side sewer which is owned by another and does not involve an easement, written permission for such connection shall be obtained from the owner of such side sewer and shall be filed with the city engineer before any permit authorizing such connection is issued.

(d)    Where physical conditions render compliance with the foregoing provisions impracticable, the city engineer may issue a special permit for installation of a side sewer requiring compliance with the provisions insofar as is reasonably possible, and such permit shall be issued only upon the condition that the permittee shall record with the county auditor an instrument acceptable to the city engineer agreeing to save harmless and indemnify the city from any damage or injury resulting from such installation. (Ord. 3368 § 10 (part), 1993: Ord. 874 § 24.0, 1962)

15.28.240 Materials and workmanship—Excavations.

(a)    All material and workmanship in connection with the installation of any side sewer and connection with a public sewer shall be as required by the “Standard Plans and Specifications” of the city except as to modifications or changes approved by the city engineer.

(b)    Whenever it becomes necessary to disturb pavement in connection with any work authorized under this chapter and Chapter 15.36, the opening shall not be more than two and one-half feet by eight feet; provided the city engineer may specify a different size of said opening and additional cuts to be made when needed to insure a proper backfill.

(c)    No excavation shall be made in any public area except at times and in the manner prescribed by the city engineer.

(d)    All backfill of excavation and tunnels under concrete or asphalt surfacing and the restoration of these surfaces in public areas shall be done by the contractor under the supervision of the city engineer.

(e)    A leakage test shall be made of every section of city sewer after completion of backfill by an internal hydrostatic pressure or air test method; provided, that if the groundwater table is so high as to preclude a proper exfiltration test by adding the external pressure to the test pressure, an infiltration test may be used.

(f)    Side sewers shall be tested for their maximum length possible from the public sewer in the street to the connection with the building plumbing. The method of testing side sewer shall be determined by the city, but in no case shall it be less thorough than filling the pipe with water before backfill and visually inspecting for leakage. When filling the pipe with water, a minimum of a five-foot standpipe shall be placed at the filling point. The standpipe shall be filled to the top with water unless the public works inspector determines it unnecessary.

(g)    Groundwater or other water related to sewer construction, other than water used for leakage test, shall not be admitted into a public sewer. (Ord. 3368 § 10 (part), 1993: Ord. 3086 § 15, 1988: Ord. 874 § 25.0, 1962)

15.28.242 Materials.

All pipe and pipe materials will be approved by the city engineer. The city engineer shall maintain an adequate supply of copies of standards or lists of approved materials and to furnish same to all interested parties, free of charge when obtaining a sewer permit, or at cost. (Ord. 3368 § 10 (part), 1993: Ord. 3086 § 16, 1988: Ord. 2233 § 1, 1973)

15.28.250 Disturbing sewer systems unlawful.

It is unlawful to break, damage, destroy, deface, alter or tamper with any structure, appurtenance or equipment which is part of the sewer system of the city, or without authority from the city engineer to break, damage, destroy or deface any public walk, curb or pavement, or to make openings or excavations in a public area for the purpose of connection to any public or private sewer. No person, other than an authorized employee or agent of the city shall operate or change the operation of any sewer, pumping station, outfall structure or appurtenant facility. Any person who shall damage, destroy or deface any structure, appurtenance, equipment or property of the city system shall be liable for triple the actual costs of restoration or repair or triple the actual amount of any irreparable damage in addition to other penalties provided by law. (Ord. 3086 § 17, 1988: Ord. 874 § 26.0, 1962)

15.28.260 Excavations—Protection.

Any excavation shall be protected and guarded by fencing or covering and by proper lights. The protection of the public from the danger of such excavation shall be the responsibility of the side sewer contractor; and the contractor shall be liable on his bond for any damage caused by his failure to properly protect and guard such excavation as herein required. If the contractor fails to properly protect and guard such excavation as herein reacquired, the city engineer may properly protect and guard such excavation and charge the cost thereof to the side sewer contractor, who shall upon receiving written notice of the amount of such charge or upon posting of such notice at the location of the excavation immediately pay the same to the city treasurer. (Ord. 3086 § 18, 1988: Ord. 874 § 27.0, 1962)

15.28.270 Restoration of streets and sidewalk.

All streets, sidewalks, parking strips and other public areas disturbed or altered in the course of any side sewer or drainage work, shall be restored by a licensed contractor to the original surface condition as approved by the city engineer; and in the event of the failure of the contractor to so restore the area the city engineer may make such restoration and charge the cost thereof to the side sewer contractor, who shall, upon receiving written notice of the amount thereof or upon posting of such notice on the area, make immediate payment thereof to the city treasurer. (Ord. 3086 § 19, 1988: Ord. 874 § 28.0, 1962)

15.28.280 Inspections—Authority

The city engineer or other city officials or employees of the city, bearing proper credentials and identifications, shall be permitted to enter upon any and all premises at all reasonable times for the purpose of inspection, observation, measurement, sampling and testing of sewers and sewage waste in accordance with the provisions of this chapter and Chapter 15.36; and it is unlawful for any person to prevent or attempt to prevent any such entrance or obstruct or interfere with any such officer or employee while so engaged. (Ord. 874 § 39.0, 1962)

15.28.290 Rules and regulations.

(a)    The city engineer may make rules and regulations and amend the same from time to time, not inconsistent with the provisions of this chapter and Chapter 15.36, as he shall deem necessary and convenient to carry out the provisions of this chapter and Chapter 15.36. (Ord. 3086 § § 20, 21, 1988: Ord. 874 § 40.0, 1962)

Chapter 15.36
DRAINAGE AND DISCHARGE INTO SEWERS REGULATED*

Sections:

15.36.010    Waters prohibited in sanitary sewer.

15.36.020    Storm water and industrial cooling water discharge.

15.36.025    Discharge permit required.

15.36.030    Discharges prohibited.

15.36.035    Pretreatment of fats, oils and greases required.

15.36.040    Washing facilities, grease rack—Pretreatment.

15.36.045    FOG pretreatment facilities—Installation and maintenance.

15.36.050    Compliance with departmental notice.

15.36.060    Control manhole for side sewers.

15.36.070    Measurements, tests and analyses—Standards.

15.36.080    Industrial waste surcharge.

15.36.085    Excess flow surcharge.

15.36.090    Repealed.

15.36.100    Right of revision.

15.36.110    Entry of private property.

15.36.120    Standards for discharges and reporting—Enforcement—Penalties.

*    For the statutory provisions regarding water pollution generally, see Chapter 90.48 RCW, for the water pollution within the jurisdiction of the city, see Chapter 35.88 RCW and for the public nuisance of depositing unwholesome matter in waters, see RCW 9.66.050.

15.36.010 Waters prohibited in sanitary sewer.

No one shall discharge or cause to be discharged any storm water, surface water, ground water, roof run-off, subsurface drainage, cooling water or unpolluted industrial process water to any sewer which is built solely for sanitary sewage. (Ord. 874 § 29.0, 1962)

15.36.020 Storm water and industrial cooling water discharge.

Storm water and all other unpolluted drainage shall be discharged to such sewers as are specifically designated storm sewers or to a natural outlet approved by the city engineer. Industrial cooling water or unpolluted process water may be discharged upon approval of the city engineer to a storm sewer or natural outlet, provided any such discharge meets applicable Department of Ecology (DOE) standards and METRO regulations. (Ord. 3086 § 22, 1988: Ord. 874 § 30.0, 1962)

15.36.025 Discharge permit required.

(a)    It is unlawful for any person to discharge or cause to be discharged any waters or wastes into any public sewer, drain, ditch or natural outlet without a permit where required by King County wastewater treatment division, state law or federal regulations or in violation of conditions of such permit.

(b)    In addition to other lawful remedies, a violator hereunder shall be liable for the costs of any damages caused by the violation. Failure to pay such costs upon demand shall be cause for revocation of service. (Ord. 3870 § 6, 2002: Ord. 3086 § 23, 1988)

15.36.030 Discharges prohibited.

It is unlawful to discharge or cause to be discharged any of the following described waters or wastes in any public sewer, drain, ditch or natural outlet:

(1)    Any liquid or vapor having the temperature higher than one hundred fifty degrees Fahrenheit;

(2)    Any water or waste which contains more than one hundred parts per million by weight of fat, oil or grease;

(3)    Any gasoline, benzine, naphtha, oil, volatile organic or inorganic substance, or other flammable or explosive liquid, solid or gas;

(4)    Any garbage that has not been properly shredded so that one hundred percent will pass a three-eighths-inch sieve and seventy-five percent will pass a one-quarter-inch sieve;

(5)    Any solid or viscous substances in quantities, either by itself or in combination with other wastes, which are capable of obstructing the flow of sewer works or treatment facilities, including, but not limited to, the following: ashes, cinders, sand, mud, straw, hair, shavings, metal, glass, rags, feathers, tar, grass clippings, asphalt, seafood shells, cloth, plastic, wood, chemical residues, brewing or distilling slops, spent grain or hops, whole blood, meat trimmings and wastes, animal paunch contents, hide, hair, offal, fish or fowl heads or parts, entrails, lard, tallow, baking dough, cannery waste bulk solids, or paper or metal utensils, plastic or paper containers either whole or ground;

(6)    Any water, gas, substance or wastes having a pH lower than five and five-tenths or higher than eight and five-tenths or having any other corrosive property either by itself or by interaction with other wastes capable of causing damage or hazard to structures, equipment or personnel of the sewage works;

(7)    Any waters or wastes containing a toxic or poisonous substance in sufficient quantity to injure or interfere with any sewage treatment process, constitute a hazard to humans, animals, fish or fowl, or create any hazard in the receiving waters of the sewage treatment plant either by itself or by producing a toxic vapor after interaction with other wastes. These substances include, but are not limited to, chlorinated hydrocarbons, hydrogen sulfide, sulfur dioxide, phenols, and cyanide compounds;

(8)    Any waters 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 or wastes at a flow rate and/or pollutant discharge rate which is excessive over relatively short time periods so that there is a treatment process upset and subsequent loss of treatment efficiency;

(9)    Any noxious or malodorous gas or substance which, either by itself or by interaction with other wastes, is capable of creating a hazard to life or preventing authorized personnel from entering sewage facilities;

(10) Materials from cesspools, septic tanks, and privies. Chemical toilet waste may be discharged into the city sewer or private sewer system through a side sewer connection at the place of business. Such means of disposal shall be approved by King County wastewater treatment division, the city and the Seattle-King County health department;

(11) Every building, structure or premises used or occupied by any sewer user where any commercial or industrial operations are conducted or permitted which result in the discharge into the sewer system of any products, waste products, or other substances, matter, or liquid in the manner and to the extent prohibited in this section shall be equipped with an adequate and suitable grease trap, filter or other interception device installed in such a manner that the product, waste products, or other substances, materials or liquid herein set forth will not flow into or be discharged into the sanitary sewer system. The grease trap, filter, or other interceptor shall be adequately maintained, readily accessible for inspection by the city at any time to ensure its proper operation, and is subject to terms in Section 15.36.040 of this chapter;

(12) The owner of any vehicle-washing facility shall install and maintain in a proper manner, and at his own expense, an approved grit and oil trap located in the side sewer line subject to terms in Section 15.36.040 of this chapter. (Ord. 3870 § 7, 2002: Ord. 3778 § 1, 2001; Ord. 3086 § 24, 1988: Ord. 874 § 31.0, 1962)

15.36.035 Pretreatment of fats, oils and greases required.

(a)    Dischargers who operate newly constructed or remodeled restaurants, cafes, lunch counters, cafeterias, bars, or clubs; or hotel, hospital, sanitarium, factory or school kitchens; or other establishments that serve or prepare food where grease may be introduced into the sewer system shall have pretreatment facilities to prevent the discharge of fat waste, oil, or grease (FOG). Take-out food establishments or other establishments that prepare food, but do not cook in oil or grease, and who serve food only in disposable containers, may be exempted from this requirement, provided their discharges will not violate the general discharge prohibitions of this chapter. These pretreatment facilities must be grease interceptors installed in the waste line leading from sinks, drains, or other fixtures where grease may be discharged. The grease interceptors must meet, at a minimum, the specifications of the current Uniform Plumbing Code adopted by the city at the time of construction. The city is authorized to adopt and publish additional criteria for grease interceptors. Dischargers must maintain these facilities in a manner that will always prevent fat waste, oil, or grease from being carried into the sewer system. Fat waste, oil, or grease removed from such a facility shall not be disposed of in sanitary or storm sewers.

(b)    All existing restaurants, cafes, lunch counters, cafeterias, bars, or clubs; or hotel, hospital, sanitarium, factory or school kitchens or other establishments that prepare food where grease may be introduced into the sewer system which do not have a grease trap or interceptor at time of adoption of the ordinance codified in this chapter shall meet the requirements for grease, oils and fats by either installing a grease trap or interceptor or by providing a FOG management plan which shall include specific disposal practices and proof they are being adhered to no later than January 1, 2002. If any of the aforementioned businesses are sold or leased and the new owners or operators must apply for a new business license they shall be required to install or hook up to a grease removal system within six months or provide a management plan within one month of the time the business license is granted. The public works director shall approve of all management plans or installations of grease removal systems. (Ord. 3778 § 2, 2001)

15.36.040 Washing facilities, grease rack—Pretreatment.

Dischargers who operate automatic and coin-operated laundries, car washes, filling stations, commercial garages or similar businesses having any type of washing facilities or grease racks and any other dischargers producing grit, sand, oils, or other materials which have the potential of causing partial or complete obstruction of the building sewer or other areas in the sewer system shall install approved interceptors or tanks in accordance with the latest specifications adopted by the city such that excessive amounts of oil, sand and inert solids are effectively prevented from entering the city sewer. (Ord. 3778 § 3, 2001: Ord. 3086 § 25, 1988: Ord. 874 § 32.0, 1962)

15.36.045 FOG pretreatment facilities—Installation and maintenance.

All grease traps, interceptors, oil/water separators, settling tanks and grit traps shall be installed, maintained and operated by the discharger at his own expense. The installation shall be kept in continuous operation at all times, and shall be maintained to provide efficient operation. Cleaning must be performed by a service contractor qualified to perform such cleaning. All material removed shall be disposed of in accordance with all state and federal regulations. Certification of maintenance shall be made readily available to the city authorized personnel for review and inspection. If a failure to maintain settling tanks, grit traps, grease interceptors, grease traps or oil/water separators results in partial or complete blockage of the building sewer or other parts of the wastewater utility system, adversely affects the treatment or transmission capabilities of the system, or requires excessive maintenance by the city, the discharger responsible for the facilities shall be subject to the remedies, including enforcement and penalties detailed in this chapter. (Ord. 3778 § 4, 2001)

15.36.050 Compliance with departmental notice.

It is unlawful for any person to discharge or cause to be discharged any waters or wastes into any public sewer after the department of public works has issued notice that such discharge is dangerous or interferes with the sewer system. The issuance of such notice is not required for enforcement under other provisions of this chapter. Restrictions established pursuant to this section are in addition to prohibitions otherwise established in this chapter. As examples, under this section discharge of radioactive wastes or isotopes exceeding certain concentrations might be prohibited; or any wastes containing higher than ordinary concentrations or quantities of pollutants, including, but not limited to, biochemical oxygen demanding pollutants, suspended solids, or abnormal pH and fecal material, may be required to be discharged at a specific release rate or at a specified strength so as to avoid adverse effect on proper handling and treatment. (Ord. 3086 § 27, 1988)

15.36.060 Control manhole for side sewers.

In any property served by a side sewer carrying industrial wastes when required by the city engineer, the owner or occupant shall install a control manhole in the side sewer to facilitate observation, sampling and measurement of the wastes. Such manhole shall be necessarily accessible and safely located and shall be constructed and installed in accordance with the plans approved by the city engineer. Such manhole shall be installed and maintained by the owner or occupant at his sole expense. (Ord. 874 § 34.0, 1962)

15.36.070 Measurements, tests and analyses—Standard.

All measurements, tests and analyses of the characteristics of waters and waste to which reference is made in this chapter shall be determined in accordance with the standards prescribed in “Standard Methods for the Examination of Water and Sewage,” published jointly by the American Health Association and the American Water Works Association. (Ord. 874 § 35.0, 1962)

15.36.080 Industrial waste surcharge.

The city shall charge each of its customers who are industrial recipients of waste treatment services as required by King County wastewater treatment division, in addition to the user charge, a surcharge in an amount to be determined by King County wastewater treatment division based on the average annual strength and volume of discharge by the industry. The industrial waste surcharge attributable to a customer plus ten percent will be included in the city sewer billing for that customer as set forth in this title in addition to any service rate amounts under Section 15.24.010. (Ord. 3870 § 8, 2002: Ord. 3086 § 29, 1988)

15.36.085 Excess flow surcharge.

The city shall charge each of its customers who are recipients of waste treatment services as required by King County wastewater treatment division, in addition to the user charge, a surcharge in an amount to be determined by King County wastewater treatment division for excess flow from the customer, including inflow/infiltration. The excess flow surcharge attributable to a customer plus ten percent will be included in the city sewer billing for that customer as set forth in this title in addition to any service rate amounts under Section 15.24.010. (Ord. 3870 § 9, 2002: Ord. 3086 § 30, 1988)

15.36.090 Drainage of hard surface or graded areas.

Repealed by Ord. 4058. (Ord. 3086 § 31, 1988: Ord. 874 § 37.0, 1962)

15.36.100 Right of revision.

The city reserves the right to amend this chapter, and any permits issued under it, to provide for more stringent limitations or requirements on discharges to the wastewater utility system if such amendments are deemed necessary to comply with the objectives set forth in Section 15.36.030 of this chapter, or are otherwise in the public interest. No vested right shall be created by the issuance of any permit under this chapter. (Ord. 3778 § 5, 2001)

15.36.110 Entry of private property.

The city or its representative, bearing proper credentials and identification, shall be permitted to enter upon all and any premises at all reasonable times for the purpose of inspection, observation, measurement, sampling, testing of sewers and sewage, and performance of all other acts or duties required within the provisions of this chapter. (Ord. 3778 § 6, 2001)

15.36.120 Standards for discharges and reporting—Enforcement—Penalties.

(a)    Those dischargers subject to national pretreatment standards will be subject to enforcement action in accordance with this chapter for any violations of the criteria and limitations specified in the categorical standard or the general pretreatment standards set forth in 40 CFR 403, as currently written or hereafter amended, which standards are hereby adopted by reference.

(b)    Maximum Daily Concentration Allowed. The maximum daily allowable concentration for dischargers not regulated under national pretreatment standards is violated under the following circumstances:

(1)    The arithmetic mean of concentrations for eight consecutive samples collected within a twenty-four-hour time period over intervals of fifteen minutes or greater is in excess of the limitation.

(2)    The concentration value obtained from a composite sample that is representative of the twenty-four-hour discharge is in excess of the limitation.

(3)    The concentration of any single sample (whether as single grab sample or a sample within a series) exclusive of any fats, oils, and grease exceeds the limitation by a factor of two and one-half times.

(4)    The arithmetic mean of the concentration of fats, oils, or greases for three grab samples, taken no more frequent than five-minute intervals, exceeds the limitation.

(c)    Maximum Allowable Poundage Limitations. A violation shall occur if the maximum allowable effluent poundage limitation as established in the private wastewater discharge permit is exceeded. The daily poundage discharged shall be calculated using the volume of effluent discharged that day times the concentration for that day either reported by the discharger or obtained through sampling by the city. The poundage shall be determined utilizing the formula:

Lb./day = conc. in mg/L X gal/day
disch./1,000,000 X 8.34

(d)    Reporting Requirements. A violation shall occur if any reporting requirements established by permit, accidental discharges, upset conditions, written request of the city or authorized representative, or as specified by general pretreatment standards (40 CFR 403.12) are not complied with. A violation shall occur when any person knowingly makes any false statement, representation, or certification in an application, record, report, plan or other document filed or required to be maintained pursuant to this chapter, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under this chapter.

(e)    “FOG” Pretreatment Facility—Maintenance. A violation shall occur if there is any failure to maintain grease or grit interceptors or oil/water separators which causes maintenance on any sewer line to be greater than once every two years caused by excessive oil, grease, or fat buildup in the sewer lines; or excess buildup of sand, gravel or other materials clogging the sewer lines. The lack of any device to prevent discharge of grease, oil, fats, sand, gravel or any other materials which will cause excessive maintenance of the sewer lines shall not relieve the discharger of the responsibility of liability for any costs to city for excessive maintenance and/or other costs incurred by the city.

(f)    Discharge of Dangerous Waste. A violation shall occur if any material listed on the discharge chemical products list of the state of Washington (WAC 173-303-9903) is discharged into any public sewer or building sewer tributary thereto.

(g)    Explosion Meter Readings. A violation shall occur if the readings on an explosion meter at any point in the collection system or wastewater treatment plant is greater than ten percent for a single reading or greater than five percent for two successive readings.

(h)    Termination of Treatment Services—Permit Revocation. The city shall have the authority to terminate wastewater treatment services of the discharger and revoke any permit issued if it determines that the discharger has:

(1)    Failed to accurately report wastewater constituents and characteristics more than once; or

(2)    Failed to report significant changes in wastewater constituents, characteristics, flow volumes or types of discharge to the wastewater treatment plant; or

(3)    Refused reasonable access to the discharger’s premises for purposes of inspection or monitoring; or

(4)    Violated conditions of the wastewater discharge permit; or

(5)    Violated any of the provisions of this chapter, regulations promulgated hereunder, state law or federal law; or

(6)    Violated any lawful order of the city issued with respect to the discharger’s permit or this chapter; or

(7)    Tampers with, disrupts, damages or renders inaccurate any wastewater monitoring device required by this chapter.

(i)    Other Violations.

(1)    If reports required by permit, this chapter or state or federal pretreatment regulations are submitted later than thirty days after they are due, the discharger shall be subject to civil penalties of twenty-five dollars per day for a maximum of twenty working days. The penalty shall then be increased to one hundred dollars per day with a maximum fine of one thousand dollars. In the event the reports have not been submitted at the time the maximum penalty is imposed, the city shall seek remedies under subsection (h) of this section.

(2)    If any of the actions prescribed in any compliance schedule established by permit or by order of the city are not complete within thirty days of the time they are required to be complete, the discharger shall be subject to civil penalties of one hundred dollars per day for a maximum of sixty days for each day the action(s) have not been completed. In the event the actions have not been completed ninety days after the date scheduled in the permit or order, the city shall seek remedies under subsection (h) of this section.

(3)    If a discharger fails to maintain grease, oil and/or sand removal systems which results in the city having to perform the maintenance of the collection system or treatment plant, the discharger shall be subject to a civil penalty of five hundred dollars which shall be added to the costs incurred by the city to perform the maintenance. If the city must perform any maintenance for that discharger a second time within a three-year period, the penalty shall be one thousand dollars, which shall be added to the costs of maintenance by the city. In the event the city having to perform any maintenance for that discharger continues, the city shall seek remedies under subsection (h) of this section.

(4)    Failure to provide accurate or complete information on any wastewater discharge reports or the requirements of a discharge permit shall result in a civil penalty of one hundred dollars for the first offense. Thereafter, the discharger shall be subject to remedies under subsection (h) of this section.

(5)    In addition to the assessments described in this section, any costs incurred by the city, including but not limited to, attorney’s fees, shall be added to the total amount of the civil penalty assessment. (Ord. 3778 § 7, 2001)

Chapter 15.38
SEWER MAIN EXTENSIONS

Sections:

15.38.010    Connection requests.

15.38.020    Extension charge—Payment required.

15.38.030    Extension charge—Established.

15.38.040    Administrative procedures.

15.38.010 Connection requests.

The owner of an existing single-family or multifamily dwelling within the Kirkland sewer system service area, having a failed or failing septic tank system, may request to connect to the public sewer system, even though such property may be located more than three hundred thirty feet from an existing sewer main (requiring construction of a sewer main extension in order to be connected). Whenever construction of a sewer main extension is required to make such connection possible, the city shall plan, design and construct such extension within a reasonable time pursuant to the criteria for sewer main extension projects and construction priorities authorized by Section 15.38.040 of this chapter. Upon completion of construction and acceptance of the sewer main extension, the city shall:

(1)    Give notice to the requesting property owner to connect the property to the public sewer system within thirty days of receipt of the notice; and

(2)    Give notice to other property owners benefited by the extension construction to connect the property to the public sewer system within thirty days of receipt of the notice; provided, that in lieu of connection, such property owners may delay connection of the property and payment of the extension charge pursuant to Section 15.38.030 by executing a written request and authorization, in a form approved by the director of public works in accordance with Section 15.38.040, that requests delay of connection and payment and that acknowledges filing of the document described in Section 15.38.030(c) and creation of the lien of Section 15.38.030(d)(5). The department of public works shall record the written request with the King County office of records and elections. (Ord. 4032 § 1, 2006: Ord. 3638 § 1, 1998)

15.38.020 Extension charge—Payment required.

Any single-family or multifamily dwelling connecting to the public sewer after the effective date of the ordinance codified in this chapter shall, as required by Section 15.08.041 of this code and, in addition to the capital facilities charge required by Section 15.12.063 of this code and the side sewer charge required by Section 15.12.060 of this code, pay to the city the extension charge established in Section 15.38.030 of this chapter. (Ord. 3638 § 2, 1998)

15.38.030 Extension charge—Established.

(a)    The city shall collect sewer extension charges from owners of properties which individually benefit from publicly built sewer extension facilities constructed after adoption of the ordinance codified in this chapter, except property owners who previously paid their fair share of such an extension through or a LID or ULID. Facilities that may be covered in an extension charge include, but are not limited to, stubs built from the sewer main to the property line, pump stations and sewer main extensions which bring the sewer main to the farther boundary of the property.

(b)    The extension charge is the property owner’s equitable share of the established costs of the facilities extension from which the property owner benefits. The equitable share shall include interest charges applied from the date of construction acceptance of the sewer extension until the property connects, at a rate commensurate with the rate of interest established in subsection (d)(3) of this section, as applicable at the time of construction of the facility to which the property owner is seeking to connect.

(c)    The extension facilities cost shall be allocated to benefiting property owners based on the number of residential customer equivalents. For the purposes of this chapter, “residential customer equivalents” means the number of dwelling units existing on a lot or parcel of land as of the date of construction acceptance of the sewer extension to which the property will be connected or a vacant lot or parcel of land of reasonable residential lot size as determined by the director of public works pursuant to Section 15.38.040 of this chapter. At completion of each extension construction project the department of public works shall record, with the King County office of records and elections, a document which identifies the project and includes a statement of total construction cost, the amount of such cost per residential customer equivalent, a legal description of each lot or parcel of land benefited and the amount of the extension charge allocable for each lot or parcel so described.

(d)    The extension charge shall be payable to the city as follows:

(1)    For a requesting property owner and for other property owners who do not execute a written request and authorization to delay payment of the extension charge, upon receipt of the thirty-day notice to connect pursuant to Section 15.38.010; or

(2)    For other property owners who execute a written request and authorization to delay payment of the extension charge pursuant to Section 15.38.010, upon connection of the property to the public sewer system pursuant to Section 15.28.010, or ten years following acceptance of the construction of the extension, whichever occurs first; or

(3)    The city may enter into contracts with the owners of existing single-family residences, multifamily residences and businesses that meet criteria specified by the department of public works for payment of extension charges over ten successive years instead of as a lump sum. In addition to the installment payment on the extension charge principal, each time payment shall include an administrative handling fee to be established by the finance director, together with interest on the unpaid balance of the extension charge principal at a rate to be set quarterly on the first working day of the quarter by the finance director, which shall not exceed ninety-five percent of the market yield to maturity of the most recently issued U.S. Treasury note. The interest rate and administrative handling fee to be set quarterly shall remain in effect for said contracts for the term of the contract. The interest rate shall be set quarterly for time payment contracts entered into during that current year. The contract shall provide that the first annual payment shall be payable as of July 1st following connection with the remaining payments due on July 1st of each successive year.

(4)    Notwithstanding the foregoing, the entire amount of the extension charge or any remaining unpaid balance thereof shall be payable in full at the time of closing upon sale of the property, or upon refinancing of the property unless the owner requests that the city waive its right to collect this charge out of the refinance proceeds, whether or not the property has been connected to the sewer extension.

(5)    Pursuant to RCW 35.67.360, the extension charge or any unpaid balance of the time payment contract shall be secured by a lien against the connecting property. The lien shall attach as of the date of recording of the document required to be recorded by the department of public works by subsection (c) of this section and continue thereafter until the extension charge or any unpaid balance of the time payment contract has been fully paid. (Ord. 4032 § 2, 2006; Ord. 3697 § 1, 1999; Ord. 3666 § 1, 1998; Ord. 3638 § 3(1) – (4), 1998)

15.38.040 Administrative procedures.

The director of public works is authorized to adopt administrative procedures for the purpose of administering the provisions of this chapter, including establishment of criteria for sewer main extension projects and construction priorities. (Ord. 3638 § 3(5), 1998)

Chapter 15.40
OFFENSES

Sections:

15.40.010    Tampering with fire hydrant.

15.40.020    Excavation—Permission required.

15.40.030    Tampering with water system.

15.40.040    Use of fire protection facilities.

15.40.050    Connection between private and city water or sewer system.

15.40.060    Violation—Liability for expenses.

15.40.070    Impeding drainage ditches with debris.

15.40.080    Planting trees and shrubs near sewer—Removal.

15.40.090    Issuance of public works stop work order.

15.40.010 Tampering with fire hydrant.

It is unlawful for any person, except when duly authorized by the public works director or by a member of the fire department, to open, operate, close, turn on, turn off, interfere, attach any pipe or hose to, or to connect anything with any fire hydrant, stop valve, or stop cock belonging to the city. (Ord. 3368 § 12 (part), 1993: Ord. 2062 § 7, 1969)

15.40.020 Excavation—Permission required.

It is unlawful for any person to dig into any street or sidewalk for the purpose of laying, moving or repairing any water service line, water main, valve, hydrant, or cock, without having first secured permission to do so from the public works director and obtaining the necessary permits. (Ord. 3368 § 12 (part), 1993: Ord. 2062 § 7.02, 1969)

15.40.030 Tampering with water system.

It is unlawful for any person to bypass any water meter, damage or tamper with such meter with intent to prevent or alter its recording of water, tap a water line, connect to a water hydrant or in any other way tamper with any part of the water system with the intent to secure water without paying therefor or without properly making the application or paying the deposit required by this title. In addition to the other penalties for such acts provided by this title, or any person found guilty of such acts may be denied water service for a period of not in excess of one year, and may be required to post a cash bond equal to five times his ordinarily anticipated bimonthly billing as a precondition of future service. (Ord. 2062 § 7.03, 1969)

15.40.040 Use of fire protection facilities.

It is unlawful for any person to use or permit the use of fire protection facilities installed pursuant to Section 15.24.060 for any purpose other than fire protection. (Ord. 2062 § 7.05, 1969)

15.40.050 Connection between private and city water or sewer system.

It is unlawful for any person to make any physical connection between a private water supply system and the city water system. It is unlawful for any person to make any physical connection between a private sewer connection system and the city sewer system. It is unlawful for any person having the right to possession or control of any such private system to permit or allow the physical connection of such private system to the city system. (Ord. 2062 § 7.06, 1969)

15.40.060 Violation—Liability for expenses.

Any person who violates any of the provisions of this title shall be liable to the city for any expense, loss or damage occasioned by the city by reason of such violation. (Ord. 2062 § 7.07, 1969)

15.40.070 Impending drainage ditches with debris.

It is unlawful for any persons in the city to put or allow to be placed in any of the drainage ditches in and for the city any grass cuttings, paper, debris, or foreign substance of any kind or character whatsoever, so as to in any way impede the flow of water in the drainage ditches. (Ord. 504 § 1, 1945)

15.40.080 Planting trees and shrubs near sewer—Removal.

(a)    It is unlawful to plant, within thirty feet of any public sewer, any willow, poplar, cottonwood, soft maple, gum trees, or any other tree or shrub whose roots are likely to enter and obstruct the flow of said sewers.

(b)    The city engineer is authorized to remove any trees or shrubs from any public street or the roots of any trees or shrubs which extend into any public street when such trees or shrubs or the roots thereof are obstructing or are liable to obstruct any public or private sewer or drainage. Before making any such removal the city engineer shall give ten days’ notice, in writing, to the owner or occupant of the abutting

property or the property on which such trees or shrubs are growing, requiring such owner or occupant to remove the same. If the written notice cannot be given such owner or occupant the notice may be posted on the premises or in the street at the location of the trees or shrubs requiring such removal. If such owner or occupant fails or refuses to remove such trees or shrubs and roots within the time specified, the city engineer is authorized to do so and the cost of removal thereof shall be charged to the owner or occupant and upon giving such written notice of the amount thereof to the owner or occupant or by posting such notice at the location of the trees or shrubs, the cost thereof shall be immediately payable to the city treasurer by such owner or occupant. (Ord. 3368 § 12 (part), 1993: Ord. 874 § 38.0, 1962)

15.40.090 Issuance of public works stop work order.

(a)    The director of the public works department and any employee of the department to whom the authority herein established has been delegated in writing by the director, shall have the authority to order immediate cessation of any work or other activity then being performed within or upon any public right-of-way or public easement, or within or upon any property which upon completion of the work or activity is to be conveyed or dedicated as public right-of-way or public easement. Such authority may be exercised only when it appears that such work is being performed either without a contract so to do with the city or prior to the issuance of any city permit required to be issued for such work or activity or when it appears that such work or activity is being performed in a manner which is in violation of the special conditions or the regulatory performance standards under which such permit was issued.

(b)    The order for immediate cessation of work shall be given by posting in a conspicuous location upon the subject property a stop work order substantially in the following form:

CITY OF KIRKLAND
DEPARTMENT OF PUBLIC WORKS
123 5TH AVENUE
KIRKLAND, WASHINGTON 98033

ALL PERSONS ARE HEREBY ORDERED AT ONCE TO
STOP WORK
PERTAINING TO CONSTRUCTION, ALTERATION, REPAIR, GRADING, PAVING OR OTHERWISE DISTURBING OR OBSTRUCTING THE PREMISES

ON THESE PREMISES AT ___________ _____________________________. THIS ORDER IS ISSUED BECAUSE ______ ________________________ KIRKLAND MUNICIPAL CODE CHAPTER 15.40.090 POSTED _______ A.M./P.M. __________, 19____.
BY: _______________________________

WARNING: THE FAILURE TO STOP WORK, RESUMPTION OF WORK WITHOUT PERMISSION OF THE PUBLIC WORKS OFFICIAL, OR REMOVAL, MUTILATION, DESTRUCTION OR CONCEALMENT OF THIS NOTICE IS PUNISHABLE BY FINE AND IMPRISONMENT. EACH DAY OF CONTINUED VIOLATION MAY BE CONSIDERED A SEPARATE OFFENSE.

(c)    It is unlawful for any person to continue the work or activity, to resume the work or activity, or to commence any new work or activity on any site posted with a stop work order until such time as the director of public works or his delegate has removed or authorized the removal of said stop work order. It shall be unlawful for any person other than the director of public works or his delegate to remove from the site a stop work order once posted pursuant to this chapter. Violation of any provision of this section shall be a misdemeanor. (Ord. 3368 § 13, 1993)

Chapter 15.44
SANITARY SEWER
COMPREHENSIVE PLAN

Sections:

15.44.010    Purpose—Area affected.

15.44.020    Adoption by reference.

15.44.030    Copies on file.

15.44.010 Purpose—Area affected.

The purpose of this chapter is to adopt a sanitary sewer collection, disposal and facilities comprehensive plan for the city sanitary sewer service area, lying within the city limits. (Ord. 3368 § 14 (part), 1993: Ord. 2796 § 1, 1984)

15.44.020 Adoption by reference.

(a)    The sanitary sewer comprehensive plan prepared, published and recommended by the Kirkland department of public works under the title “City of Kirkland Comprehensive Sewer System Plan” dated April 1993, including worded text, maps, attachments and appendices thereto are by this reference adopted as the sanitary sewer comprehensive plan for the Kirkland sanitary sewer service area.

(b)    Said publication has been endorsed with the title and number of the ordinance codified in this chapter, dated and signed by the mayor, attested to by the director of administration and finance (ex officio city clerk) and is incorporated herein as a part of this chapter.

(c)    The comprehensive sanitary sewer plan heretofore adopted for the Kirkland sanitary sewer service area by this section of the Kirkland Municipal Code is amended and supplemented as set forth in Exhibit A attached to the ordinance codified in this subsection, and by this reference incorporated herein. Exhibit A dated April 1993, was prepared, published and recommended by the Kirkland department of public works.

(d)    A copy of the ordinance codified in subsection (c) and this subsection (d) including Exhibit A shall be recorded in the office of the city clerk and copies shall be filed in the following city departments for the use of the general public and the affected departments of the city: department of public works, building department, department of planning and community development. Copies shall also be filed with such other local, county and state agencies as may be required by law. (Ord. 3573 § 70, 1997; Ord. 3368 § 14 (part), 1993: Ord. 2888 §§ 1, 2, 1985; Ord. 2796 § 2 (part), 1984)

15.44.030 Copies on file.

A copy of said publication shall be recorded in the office of the city clerk as a part of this chapter, and copies shall be filed in the following city departments for use of the general public and the affected departments of the city: department of public works, building department, department of planning and community development. Copies shall also be filed with such other local, county and state agencies as may be required by law. (Ord. 3573 § 71, 1997: Ord. 3368 § 14 (part), 1993: Ord. 2796 § 2 (part), 1984)

Chapter 15.48
COMPREHENSIVE WATER PLAN

Sections:

15.48.010    Purpose.

15.48.020    Adoption by reference.

15.48.030    Severability clause.

15.48.040    SEPA compliance.

15.48.010 Purpose.

The purpose of this chapter is to adopt, consistent with the Kirkland Comprehensive Plan and Section 248-54-580, Washington Administrative Code, a comprehensive water plan for the city water service area lying within the city of Kirkland and including all water distribution facilities of the Kirkland water system within the service area. (Ord. 3368 § 15 (part), 1993: Ord. 2838 § 1, 1984)

15.48.020 Adoption by reference.

The comprehensive water plan prepared, published and recommended by the Kirkland department of public works under the title “City of Kirkland Comprehensive Water Plan” dated November 16, 1984, including the worded text and maps are by this reference adopted as the city of Kirkland comprehensive water plan for the Kirkland water system service area as described in Section 15.48.010 of this chapter.

The publication has been endorsed with the title and number of the ordinance codified in this chapter, dated and signed by the mayor, attested to by the director of administration and finance (ex officio city clerk) and is incorporated in this chapter as a part of the ordinance codified in this chapter.

A copy of the publication shall be recorded in the office of the city clerk as a part of this chapter, and copies shall by filed in the following city departments for the use of the general public and the affected departments of the city: department of public works, building department, department of planning and community development and the department of fire services. Copies shall also be filed with those departments or agencies of the state of Washington as may be required by Section 248-54-580 Washington Administrative Code. (Ord. 3573 § 72, 1997: Ord. 3368 § 15 (part), 1993: Ord. 2838 § 2, 1984)

15.48.030 Severability clause.

If any section, subsection, sentence, clause, phrase, part or portion of the ordinance codified in this chapter, including those portions adopted by reference, is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this chapter. (Ord. 2838 § 3, 1984)

15.48.040 SEPA compliance.

An environmental checklist was submitted on the recommended comprehensive water plan adopted by the ordinance codified in this chapter. The responsible official evaluated this proposal and issued a declaration of nonsignificance on October 12, 1984. This environmental information was made part of the record and accompanied the proposal and recommendation during its consideration by the city council. (Ord. 2838 § 4, 1984)

Chapter 15.52
SURFACE WATER MANAGEMENT

Sections:

Article I. Surface Water Utility Purpose
and Responsibilities

15.52.010    Surface water utility created—Responsibilities.

15.52.020    Purpose.

15.52.030    Comprehensive drainage and storm sewer plan.

15.52.040    Work contracted out.

Article II. Requirements for
Development Activities

15.52.050    Applicability—Storm water plan required.

15.52.060    Design and construction standards and requirements.

15.52.070    City acceptance of new storm water facilities.

15.52.080    Bonds and irrevocable license to enter.

Article III. Water Quality and Flood Protection

15.52.090    Illicit discharges and connections.

15.52.100    Source control best management practices.

15.52.110    Water quality standards.

15.52.120    Operation and maintenance of storm water facilities.

Article IV. Inspection and Enforcement

15.52.130    Inspection and sampling.

15.52.140    Enforcement, violations and penalties.

15.52.150    Conflicts.

15.52.160    Severability.

Article I. Surface Water Utility Purpose
and Responsibilities

15.52.010 Surface water utility created—Responsibilities.

There is hereby created and established, pursuant to Chapters 35A.80 and 35.67 RCW, a storm and surface water utility to be known as the “Kirkland surface water utility.” All references to “the utility” in this chapter refer to the Kirkland surface water utility. The utility will have primary authority and responsibility for carrying out the city’s comprehensive drainage and storm sewer plan, including responsibilities for planning, design, construction, use, maintenance, inspection, administration, and operation of all city storm and surface water facilities; establishing standards for design, construction, and maintenance of improvements on private property where these might affect storm and surface water management; and to establish programs and regulations to assure the quality of the water in such systems, to minimize the chance of flooding, and to provide for the enforcement of the provisions of this code. The director of public works shall be the administrator of the utility. The administrator of the utility shall formulate and propose to the city council for adoption by ordinance a system of rates and charges for services of the utility. To the extent required by law, rates charged shall be uniform for the same class of customers or services. (Ord. 3711 § 4 (part), 1999)

15.52.020 Purpose.

The city council finds that this chapter is necessary to promote sound development policies and construction procedures which respect and preserve the city’s watercourses; to minimize water quality degradation and control of sedimentation of creeks, streams, ponds, lakes, and other water bodies; to protect the life, health, and property of the general public; to preserve and enhance the suitability of waters for contact recreation and fish habitat; to preserve and enhance the aesthetic quality of the waters; to maintain and protect valuable ground water quantities, locations, and flow patterns; to insure the safety of city roads and rights-of-way; and to decrease drainage-related damages to public and private property. (Ord. 3711 § 4 (part), 1999)

15.52.030 Comprehensive drainage and storm sewer plan.

A comprehensive drainage and storm sewer plan shall be developed by the city for review and adoption by the city council. Such a plan may include basin-specific or city-wide recommendations for regulations, procedures, and programs. Such regulations, procedures and programs may include but are not limited to capital projects, public education and enforcement activities, operation and maintenance of city storm and surface water facilities, and land use management regulations to be recommended for adoption by ordinance for managing surface and storm water management facilities. Once adopted by the city council, elements of the comprehensive drainage and storm sewer plan pertaining to new development and redevelopment projects shall be incorporated into the standard plans. (Ord. 3711 § 4 (part), 1999)

15.52.040 Work contracted out.

The director of public works may arrange to have work that would be done by the utility performed by a private party or contracted out when it is determined that it would be economically beneficial to do so. (Ord. 3711 § 4 (part), 1999)

Article II. Requirements for
Development Activities

15.52.050 Applicability—Storm water plan required.

All developers taking any of the following actions or applying for any of the following permits and/or approvals will be required to submit for approval a storm water plan with their application and/or request, unless exempted by the city engineer or his designee. The storm water plan shall include those items designated in the public works standard plans. Work on the site can only be allowed after approval of the storm water plan.

(1)    Creation or alteration of new or additional impervious surfaces;

(2)    New development;

(3)    Redevelopment;

(4)    Building permit;

(5)    Subdivision approval;

(6)    Short subdivision approval;

(7)    Commercial, industrial, or multifamily site plan approval;

(8)    Planned unit development;

(9)    Development within or adjacent to critical areas;

(10)    Rezones;

(11)    Conditional use permit;

(12)    Substantial development permit required under Chapter 90.58 RCW (Shoreline Management Act);

(13)    Land surface modification permit. (Ord. 3711 § 4 (part), 1999)

15.52.060 Design and construction standards and requirements.

(a)    The standard plans as defined in Section 15.04.340 shall include requirements for temporary erosion control measures, storm water detention, water quality treatment and storm water conveyance facilities that must be provided by all new development and redevelopment projects. These standards shall meet or exceed the storm water control requirements of Stormwater Management in Washington State (Volumes 1 through 5), as presently written or hereafter amended, and as administered by the State Department of Ecology.

(b)    Unless otherwise provided, it shall be the developer’s and property owner’s responsibility to design, construct, and maintain a system which complies with the standards and minimum requirements as set forth in the standard plans.

(c)    In addition to providing storm water quality treatment facilities as required in this section and as outlined in the standard plans, the developer and/or property owner shall provide source control BMPs such as structures and/or a manual of practices designed to treat or prevent storm water pollution arising from specific activities expected to occur on the site. Examples of such specific activities include, but are not limited to, carwashing at multifamily residential sites and oil storage at auto repair businesses. Criteria for development and submittal of designs and plans for such BMPs are included in the standard plans.

(d)    The city will inspect all permanent storm water facilities prior to final approval of the relevant permit. All facilities must be clean and fully operational before the city will grant final approval of the permit. A performance bond may not be used to obtain final approval of the permit prior to completing the storm water facilities required under this chapter.

(e)    Exception (Adjustment) Process. Any developer proposing to adjust the requirements for, or alter design of, a system required as set forth in the standard plans must follow the adjustment process as set forth in the standard plans.

(f)    Other Permits and Requirements. It is recognized that other city, county, state, and federal permits may be required for the proposed action. Further, compliance with the provisions of this chapter when developing and/or improving land may not constitute compliance with these other jurisdictions’ requirements. To the extent required by law, these other requirements must be met. (Ord. 3711 § 4 (part), 1999)

15.52.070 City acceptance of new storm water facilities.

(a)    The city will release the maintenance bond and accept for maintenance new residential storm water facilities constructed under an accepted permit as listed in Section 15.52.050 that meet the following conditions:

(1)    An inspection by the director or designee has determined that the storm water facilities are functioning as designed;

(2)    The storm water facilities have had at least two years of satisfactory operation and maintenance;

(3)    The storm water facility, as designed and constructed, conforms to the provisions of the chapter;

(4)    All easements and tract dedications required by this chapter, entitling the city to properly access, operate and maintain the subject drainage facility, have been recorded with the King County office of records and elections, and a copy has been conveyed to the city;

(5)    Agreements between the property owner and maintenance contractor, if required, have been submitted to and approved by the city;

(6)    For nonstandard drainage and water quality facilities, an operation and maintenance manual, including a schedule detailing the suggested seasonal timing and frequency of maintenance, has been submitted to and accepted by the city;

(7)    A complete and accurate set of reproducible mylar as-builts, computer files of plans, and microfiche of plans has been received and accepted by the city.

(b)    City Acceptance of New Nonresidential Storm Water Facilities. The city will release the maintenance bond for new nonresidential storm water facilities that meet all except items (4) and (6) in subsection (a) of this section. (Ord. 3711 § 4 (part), 1999)

15.52.080 Bonds and irrevocable license to enter.

(a)    Prior to commencing construction on any project disturbing greater than one thousand square feet of land area that meet conditions for a sensitive site as set forth in the standard plans, the applicant must post an erosion control bond using the same procedures as provided in Chapter 175 of the Kirkland Zoning Code. The nature of the bond must permit the city to obtain the proceeds of the bond immediately upon request.

(1)    The bond must be in an amount sufficient to cover the cost of corrective work on or off the site performed specifically for the given project. Before the city releases the bond, the applicant must do the following:

(A)    Construct drainage facilities required in the storm water plan;

(B)    Receive final approval of the storm water system from the city of Kirkland; and

(C)    Pay all required fees.

(2)    All applicants shall post a maintenance bond using the same procedures as provided in Chapter 175 of the Kirkland Zoning Code to ensure maintenance of installed storm water facilities for two years from the date of final approval of the storm water facilities. Before the city will release the bond, the storm water facilities must meet the requirements of Section 15.52.070.

(b)    Prior to final approval of the storm water facilities, the property owner of all nonresidential storm water facilities shall submit, as described in Chapter 175 of the Kirkland Zoning Code, an irrevocable license to enter the property for the purposes of inspection. The following language must be included in the irrevocable license to enter:

(1)    A statement that the property owner is to be responsible for the maintenance of storm water facilities on the property;

(2)    A statement granting the director or designee the right to enter the property for the purposes of inspecting the storm water facilities; and

(3)    A statement that the director shall have the authority to order repair or cleaning of the storm water facilities if the owner does not take action to conduct this work or if the site poses a threat to public health and safety. (Ord. 3711 § 4 (part), 1999)

Article III. Water Quality and Flood Protection

15.52.090 Illicit discharges and connections.

(a)    Prohibition of Illicit Discharges. No person shall throw, drain, or otherwise discharge, cause or allow others under its control to throw, drain or otherwise discharge into the municipal storm drain system and/or surface and ground waters any materials other than storm water. Illicit discharges are prohibited and constitute a violation of this chapter. Examples of prohibited contaminants include, but are not limited to, the following:

(1)    Trash or debris.

(2)    Construction materials.

(3)    Petroleum products including but not limited to oil, gasoline, grease, fuel oil and heating oil.

(4)    Antifreeze and other automotive products.

(5)    Metals in either particulate or dissolved form.

(6)    Flammable or explosive materials.

(7)    Radioactive material.

(8)    Batteries.

(9)    Acids, alkalis, or bases.

(10)    Paints, stains, resins, lacquers, or varnishes.

(11)    Degreasers and/or solvents.

(12)    Drain cleaners.

(13)    Pesticides, herbicides, or fertilizers.

(14)    Steam cleaning wastes.

(15)    Soaps, detergents, or ammonia.

(16)    Swimming pool or spa filter backwash.

(17)    Chlorine, bromine, or other disinfectants.

(18)    Heated water.

(19)    Domestic animal wastes.

(20)    Sewage.

(21)    Recreational vehicle waste.

(22)    Animal carcasses.

(23)    Food wastes.

(24)    Bark and other fibrous materials.

(25)    Lawn clippings, leaves, or branches.

(26)    Silt, sediment, concrete, cement or gravel.

(27)    Dyes.

(28)    Chemicals not normally found in uncontaminated water.

(29)    Any other process-associated discharge except as otherwise allowed in this section.

(30)    Any hazardous material or waste not listed above.

(b)    Allowable Discharges. The following types of discharges shall not be considered illicit discharges for the purposes of this chapter unless the director determines that the type of discharge, whether singly or in combination with others, is causing or is likely to cause pollution of surface water or groundwater:

(1)    Diverted stream flows.

(2)    Rising ground waters.

(3)    Uncontaminated ground water infiltration – as defined in 40 CFR 35.2005(20).

(4)    Uncontaminated pumped ground water.

(5)    Foundation drains.

(6)    Air conditioning condensation.

(7)    Irrigation water from agricultural sources that is commingled with urban storm water.

(8)    Springs.

(9)    Water from crawl space pumps.

(10)    Footing drains.

(11)    Flows from riparian habitats and wetlands.

(12)    Discharges from emergency fire fighting activities.

(c)    Conditional Discharges. The following types of discharges shall not be considered illicit discharges for the purpose of this chapter if they meet the stated conditions, or unless the director determines that the type of discharge, whether singly or in combination with others, is causing or is likely to cause pollution of surface water or groundwater:

(1)    Potable water, including water from water line flushing, hyperchlorinated water line flushing, fire hydrant system flushing, and pipeline hydrostatic test water. Planned discharges shall be dechlorinated to a concentration of 0.1 ppm or less, pH-adjusted, if necessary and in volumes and velocities controlled to prevent resuspension of sediments in the storm water system.

(2)    Lawn watering and other irrigation runoff are permitted but shall be minimized.

(3)    Dechlorinated swimming pool discharges. These discharges shall be dechlorinated to a concentration of 0.1 ppm or less, pH-adjusted, if necessary and in volumes and velocities controlled to prevent resuspension of sediments in the storm water system.

(4)    Street and sidewalk wash water, water used to control dust, and routine external building wash down that does not use detergents are permitted if the amount of street wash and dust control water used is minimized. At active construction sites, street sweeping must be performed prior to washing the street.

(5)    Non-storm water discharges covered by another NPDES permit; provided, that the discharger is in full compliance with all requirements of the permit, waiver, or order and other applicable laws and regulations; and provided, that written approval has been granted for any discharge to the storm drain system.

(d)    Prohibition of Illicit Connections.

(1)    The construction, use, maintenance, or continued existence of illicit connections to the storm drain system are prohibited and constitute a violation of this chapter.

(2)    This prohibition expressly includes, without limitation, illicit connections made in the past, regardless of whether the connection was permissible under law or practices applicable or prevailing at the time of connection.

(3)    A person is considered to be in violation of this section if the person connects a line conveying sewage to the MS4, or allows such a connection to continue.

(e)    Implementation of structural BMPs shall be required if operational BMPS are not effective at reducing or eliminating an illicit discharge. Guidance for design of structural BMPs is provided in Volume IV of the 2005 Stormwater Management Manual for Western Washington, herein incorporated by reference. (Ord. 4200 § 19, 2009: Ord. 3711 § 4 (part), 1999)

15.52.100 Source control best management practices.

Any person causing or allowing discharge to a public drainage facility, natural drainage system, surface and storm water, or ground water shall control contamination in the discharge by implementing appropriate source control BMPs, as described in Volume IV of the 2005 Stormwater Management Manual for Western Washington. Failure to implement such practices shall constitute a violation of this chapter. Guidance on designing and implementing BMPs is provided in the standard plans. (Ord. 4200 § 20, 2009: Ord. 3711 § 4 (part), 1999)

15.52.110 Water quality standards.

The city of Kirkland hereby adopts by reference the water quality standards established under the authority of Chapter 90.48 RCW and contained within Chapter 173-201A WAC as presently written or hereafter amended. (Ord. 3711 § 4 (part), 1999)

15.52.120 Operation and maintenance of storm water facilities.

(a)    Standards for maintenance of storm water facilities existing on public or private property within the city of Kirkland are contained in the standard plans. Any maintenance agreement submitted and approved by the city through the permit process shall supersede maintenance requirements contained in the standard plans.

(b)    No person shall cause or permit any drainage facility on any public or private property to be obstructed, filled, graded, or used for disposal of debris. Any such activity constitutes a violation of this chapter.

(c)    Any modification of an existing drainage facility must be approved and permitted by the city. Failure to obtain permits and approvals or to violate conditions thereof for any such alteration constitutes a violation of this chapter.

(d)    The city will maintain all elements of the storm drainage system beginning at the first catch-basin within the public right-of-way, and in easements or tracts dedicated to and accepted by the city. All other facilities, including, but not limited to, nonresidential storm water facilities and roof downspout drains and driveway drains serving single-family residences, shall be maintained by the property owner.

(e)    Maintenance of Nonresidential Storm Water Facilities by Owners.

(1)    Any person or persons holding title to a nonresidential property for which storm water facilities have been required by the city of Kirkland shall be responsible for the continual operation, maintenance, and repair of said storm water facilities in accordance with the criteria set forth in the standard plans.

(2)    For nonresidential storm water facilities, failure to meet the maintenance requirements specified in the standard plans constitutes a violation of this chapter, and shall be enforced against the owner(s) of the subject property served by the storm water facility.

(f)    City Acceptance of Existing Residential Storm Water Facilities. The city may accept for maintenance those storm water facilities serving residential developments existing prior to the effective date of the ordinance codified in this chapter that meet the following conditions:

(1)    The storm water facilities serve more than one individual house or property;

(2)    An inspection by the director has determined that the storm water facilities are functioning as designed;

(3)    The storm water facilities have had at least two years of satisfactory operation and maintenance, unless otherwise waived by the director;

(4)    An inspection by the director has determined that the storm water facilities are accessible for maintenance using existing city equipment;

(5)    The person or persons holding title to the properties served by the storm water facilities must submit a petition containing the signatures of the title holders of more than fifty percent of the lots served by the storm water facilities requesting that the city maintain the storm water facilities;

(6)    All easements entitling the city to properly access, operate and maintain the subject storm water facilities have been conveyed to the city and have been recorded with the King County office of records and elections;

(7)    The person or persons holding title to the properties served by the storm water facilities show proof of the correction of any defects in the drainage facilities, including provision of maintenance access, as required by the director.

(g)    Disposal of waste from maintenance activities shall be conducted in accordance with the minimum Functional Standards for Solid Waste Handling, Chapter 173-304 WAC; guidelines published by the Washington State Department of Ecology for disposal of waste materials from storm water maintenance activities; and where appropriate, the Dangerous Waste Regulations, Chapter 173-303 WAC. (Ord. 3711 § 4 (part), 1999)

Article IV. Inspection and Enforcement

15.52.130 Inspection and sampling.

(a)    Inspections for compliance with the provisions of this chapter shall be allowed as follows:

(1)    Construction and Development Inspection. The director or designee shall have access to any site for which a permit as listed in Section 15.52.050 has been issued, during regular business hours, for the purpose of review of erosion control practices and storm water facilities, and to insure compliance with the terms of such permit. Applicants for any such permit shall agree in writing, as a condition of issuance thereof, that such access shall be permitted for such purposes. Inspection procedures shall be as outlined in Section 15.52.130(b).

(2)    Inspection for Cause. Whenever there is cause to believe that a violation of this chapter has been or is being committed the director or designee is authorized to inspect the property during regular business hours, and at any other time reasonable in the circumstances. Inspection procedures shall be as outlined in Section 15.52.130(b).

(3)    Inspection for Maintenance and Source Control Best Management Practices. The director or designee may inspect storm water facilities in order to ensure continued functioning of the facilities for the purposes for which they were constructed, and to ensure that maintenance is being performed in accordance with the standards of this chapter and any maintenance schedule adopted during the plan review process for the property. The director also may enter the site for the purposes of observing source control best management practices. The property owner or other person in control of the site shall allow any authorized representative of the director or designee access during regular business hours, or at any other time reasonable in the circumstances, for the purpose of inspection, sampling, and records examination.

(b)    Inspection Procedure. Prior to making any inspections, the director or designee shall present identification credentials, state the reason for the inspection and request entry of the owner or other person having charge or control of the property, if available, or as provided below.

(1)    If the property or any building or structure on the property is unoccupied, the director or his designee shall first make a reasonable effort to locate the owner or other person(s) having charge or control of the property or portions of the property and request entry.

(2)    If, after reasonable effort, the director or his designee is unable to locate the owner or other person(s) having charge or control of the property, and has reason to believe the condition of the site or of the storm water drainage system creates an imminent hazard to persons or property, the inspector may enter.

(c)    Water sampling and analysis for determination of compliance with this chapter shall be allowed as follows:

(1)    Sample Collection. When the director has reason to believe that a violation exists or is occurring on a property, the director shall have the authority to set up on the site such devices as are necessary to conduct sampling, inspection, compliance monitoring, or flow measuring operations.

(2)    Sample Analysis. Analysis of samples collected during investigation of potential violations shall be analyzed by a laboratory certified by the State Department of Ecology as competent to perform the required analysis using standard practices and procedures.

(3)    Cost of Sample Collection and Analysis. If it is determined that a violation of this chapter exists on the site, the owner of the property shall pay the city’s actual costs for collecting samples and for laboratory analysis of those samples. If it is found that a violation does not exist, the city will pay such charges. (Ord. 3711 § 4 (part), 1999)

15.52.140 Enforcement, violations and penalties.

(a)    The provisions set forth in this section shall apply to all violations of this chapter or the standard plans. In addition to the listed enforcement options, the city may also pursue any other lawful civil, criminal or equitable remedy or relief. At the director of public works’ discretion, the choice of enforcement option taken and the severity of any penalty shall be based on the nature of the violation, the damage or risk to the public or to public resources, and/or the degree of bad faith of the persons subject to the enforcement action. Enforcement options are cumulative and shall not be deemed exclusive.

(1)    Nuisance. Any structure, condition, act or failure to act which violates any provision of this chapter shall be, and the same is declared to be, unlawful and a public nuisance, and may be abated using the procedures of Chapter 11.24 of this code as currently written or hereafter amended or as otherwise allowed by law.

(2)    Order to Cease Activity. The director or designee shall have the authority to order immediate cessation of any activity that is in violation of this chapter whether occurring on public or private property.

(A)    Posting and Notice. The director or designee shall prominently post this order at the subject location and shall make reasonable attempts to send this order on to the property owner, the person in charge of the property, or the person causing the activity to be conducted or the improvement erected or altered.

(B)    Effect. When an order to cease activity has been posted on the subject location, it is a violation for any person with actual or constructive knowledge of the order to conduct the activity or do the work covered by the order until such time as the director or designee has removed or authorized removal of the order. If an order to cease activity is violated, the director or designee may issue a notice of civil infraction under subsection (a)(4) of this section.

(C)    Appeal. An order to cease activity may be appealed in like manner as a notice of civil infraction under subsection (a)(4) of this section. If a notice of civil infraction has also been issued and appealed, the appeals shall be consolidated for hearing.

(3)    Notice of Violation. If the public works director or assignee determines that any structure, condition, act or failure to act exists that is in violation of this chapter, he/she may issue a notice of violation. This notice will specifically indicate:

(A)    The name and address of the property owner or other person to whom the notice of violation is directed;

(B)    The street address or description sufficient for identification of the location where the violation has occurred or is occurring;

(C)    A description of the violation and a reference to the provision or provisions of this chapter being violated; and

(D)    A statement of the action required to be taken to correct the violation as determined by the public works director and a date or time by which correction is to be completed.

(E)    A statement that a monetary penalty in an amount per day for each violation as specified by subsection (c) of this section shall be assessed against the person to whom the notice of violation is directed for each and every day, or portion of a day, on which the violation continues following the date set for correction.

(F)    Notice to Property Owner and Responsible Party. The public works director or designee shall:

(i)    Leave a copy of this notice with the occupant or responsible party or post it in a conspicuous place on the subject property; and

(ii)    Send a copy of the notice by certified mail to the owner of the subject property; and

(iii)    Extension. Upon written request received prior to the correction date or time, the public works director or designee may extend the date set for correction for good cause. The public works director or designee may consider substantial completion of the necessary correction or unforeseeable circumstances which render completion impossible by the date established as good cause.

(4)    Notice of Civil Infraction.

(A)    General. The public works director or designee may cause a notice of civil infraction to be issued in either of the following circumstances:

(i)    There is a violation of a posted order to cease activity; or

(ii)    If, after the time specified in a notice of violation, the corrections specified in the notice of violation have not been completed, and a violation persists.

(B)    Issuance. The notice of civil infraction will be issued to the owner of the property and to the responsible party, if the violation exists on private property, or to the party responsible for the activity or condition if the violation exists on public property.

(i)    Notwithstanding the provisions of subsections (a)(2) and (a)(3) of this section, the public works director or designee may issue a notice of civil infraction without having issued an order to cease activity when a repeated violation occurs within a six-month period of time or otherwise at the director’s or designee’s discretion.

(ii)    A notice of civil infraction represents a determination that a civil infraction has been committed. The determination is final unless appealed as provided in this chapter.

(C)    Content. The following shall be included in the notice of civil infraction.

(i)    The name and address of the property owner or other persons to whom the notice of civil infraction is directed;

(ii)    The street address or a description sufficient for identification of the building, structure, premises, or land upon or within which the violation has occurred or is occurring;

(iii)    A description of the violation and a reference to that provision or provisions of this chapter which has been violated;

(iv)    A statement that the monetary penalty in the amount per day for each violation as specified in subsection (c) of this section is assessed against the person to whom the notice of civil infraction is directed for each and every day, or portion thereof, during which the violation continues beyond the date or time established for correction in the notice of violation; and

(v)    A statement that the person to whom the notice of civil infraction was directed must complete correction of the violation and may pay the monetary penalty imposed to the city clerk or may appeal the notice of civil infraction as provided in subsection (a)(4)(E) of this section.

(D)    Service of Notice. The public works director or designee shall serve the notice of civil infraction upon the person to whom it is directed, either personally or by mailing a copy of the notice of civil infraction by certified mail, postage prepaid, return receipt requested, to such person at his/her last known address or by posting the notice of civil infraction conspicuously on the affected property or structure. The person who effected personal service shall make proof of service at the time of service by a written declaration under penalty of perjury declaring the time and date and the manner in which service was made.

(E)    Appeal to Hearing Examiner.

(i)    A person to whom a notice of civil infraction is directed may appeal the notice of civil infraction, including the determination that a violation exists, or may appeal the amount of any monetary penalty imposed to the hearing examiner.

(ii)    A person may appeal the notice of a civil infraction by filing a written notice of appeal with the department of public works within seven calendar days from the date of service of the notice of civil infraction.

(iii)    The monetary penalty for a continuing violation does not accrue during the pendency of the appeal; however, the hearing examiner may impose a daily monetary penalty from the date of service of the notice of civil infraction if he finds that the appeal is frivolous or intended solely to delay compliance.

(iv)    The hearing before the hearing examiner shall be conducted as follows:

a.    The office of the hearing examiner shall give notice of the hearing before the hearing examiner to the appellant seventeen calendar days before such hearing.

b.    The hearing examiner shall conduct a hearing on the appeal pursuant to the rules of procedure as provided by the Administrative Procedure Act, Chapter 34.05 RCW. The city and the appellant may participate as parties in the hearing and each may call witnesses. The city shall have the burden of proof by a preponderance of the evidence that a violation has occurred.

(F)    Action of Hearing Examiner.

(i)    The hearing examiner shall determine whether the city has proven by a preponderance of the evidence that a violation has occurred and shall affirm, vacate, suspend, or modify the amount of any monetary penalty imposed by the notice of civil infraction with or without written conditions.

(ii)    The hearing examiner shall consider the following in making his/her determination:

a.    Whether the intent of the appeal was to delay compliance; or

b.     Whether the appeal is frivolous; or

c.     Whether there was a written contract or agreement with another party which specified the securing by the other party of the applicable permit or approval from the city; or

d.    Whether the appellant exercised reasonable and timely effort to comply with applicable development regulations; or

e.    Any other relevant factors.

(G)    Notice of Decision. The hearing examiner shall mail a copy of his or her decision to the appellant by certified mail, postage prepaid, return receipt requested.

(H)    Judicial Review. The decision of the hearing examiner may be reviewed pursuant to the standards set forth in Chapter 36.70C RCW in King County superior court. The land use petition must be filed within twenty-one calendar days of the issuance of the final land use decision by the hearing examiner. For more information on the judicial review process for land use decisions, see Chapter 36.70C RCW.

(I)    Criminal Penalty. Any willful violation of an order issued pursuant to this section for which a criminal penalty is not prescribed by state law is a misdemeanor.

(5)    Criminal. Any willful violation of the provisions of this chapter is deemed a misdemeanor unless a more exacting charge is allowed by law.

(b)    Damages. Any person, firm, corporation, or association or any agent thereof who violates any of the provisions of this chapter shall be liable for all damages to public or private property arising from such violation. If the city repairs or replaces the damaged property, the actual cost to the city for such repair or replacement shall be assessed against the responsible party and shall be due and payable within ten days of the date of written notice of the same. Delinquent bills may be collected by a civil action in the Kirkland municipal court or as otherwise allowed by law. If the city obtains judgment, it shall also be entitled to reimbursement for court costs and reasonable attorney’s fees expended in the litigation.

(c)    Monetary Penalty. The amount of the monetary penalty per day or portion thereof for each violation of this chapter is as follows:

(1)    The monetary penalty constitutes a personal obligation of the person to whom the notice of civil infraction is directed. Any monetary penalty assessed must be paid to the city clerk within seven calendar days from the date of service of notice of civil infraction or, if an appeal was filed pursuant to subsection (a)(4)(E) of this section, within seven calendar days of the hearing examiner’s decision. Payment of a monetary penalty does not relieve a violator of the duty to correct the violation.

(2)    The city attorney, on behalf of the city, is authorized to collect the monetary penalty by use of appropriate legal remedies, the seeking or granting of which shall neither stay nor terminate accrual of additional per diem monetary penalties so long as the violation continues.

(3)    In the event of failure to appear at a hearing provided in subsection (a)(4)(E) of this section, the hearing examiner shall assess the monetary penalty prescribed and a penalty of twenty-five dollars.

(4)    In the event of a conflict between this chapter and any other provision of this code of city ordinances providing for a civil penalty, this chapter shall control.

Payment of a monetary penalty pursuant to this chapter does not relieve a person of the duty to correct the violation as ordered by the director of public works.

(5)    The following monetary penalties apply for each violation, for each and every day or portion of a day on which the violation continues following the date and time set for correction:

(A)    First violation is one hundred dollars.

(B)    Second violation is two hundred dollars.

(C)    Third violation is three hundred dollars.

(D)    Additional violation in excess of three is five hundred dollars.

(d)    No Personal Liability for Acts or Omissions. Each person responsible for the enforcement or administration of this chapter and each member of a committee, board, commission or council responsible for making any decision or recommendation under this chapter is relieved from any personal liability whatsoever from any injury to person or property as a result of his/her act or omission in the good faith discharge of his/her responsibilities. If the person or member is sued for acts or omissions occurring in the good faith discharge of his/her responsibilities, the city shall defend and provide legal representation to the person or member until final disposition of the proceedings. The city shall reimburse the person or member for any costs incurred in defending against alleged liability for the acts or omissions of the person or members in the good faith discharge of his/her duties. (Ord. 4200 § 21, 2009: Ord. 3711 § 4 (part), 1999)

15.52.150 Conflicts.

If any provisions of any other chapter of the Kirkland Municipal Code, including the Zoning Code (Title 23 of the Kirkland Municipal Code), conflict with this chapter, that which provides more environmental protection shall apply unless specifically provided otherwise in this chapter. (Ord. 3711 § 4 (part), 1999)

15.52.160 Severability.

If any provision of this chapter or its application to any person or property is held invalid, the remainder of the chapter or the application of the provision to other persons or property if allowed shall not be affected. (Ord. 3711 § 4 (part), 1999)

Chapter 15.56
SURFACE WATER UTILITY MONTHLY SERVICE RATES AND STORM WATER CAPITAL FACILITIES CHARGES

Sections:

15.56.010    Service rates established.

15.56.020    Monthly surface water utility service rates.

15.56.030    Service to condominium.

15.56.040    Qualified senior citizen rate.

15.56.050    Storm water capital facilities charges.

15.56.060    Qualified rainwater harvesting discount.

15.56.010 Service rates established.

The monthly service rates to be paid to the city by the owners of developed land within the city of Kirkland are established as set forth in this chapter. The rate for storm water services shall be charged whether the premises are occupied or vacant; provided the site contains impervious surface. An undeveloped parcel not containing impervious surface area will not be charged for storm water services. (Ord. 4200 § 22, 2009: Ord. 3597 § 1 (part), 1997)

15.56.020 Monthly surface water utility service rates.*

The monthly surface water utility rates are based on the impervious surface area.

(1)    Single-Family Residential Parcels. The average impervious area for a single-family residence is two thousand six hundred square feet. This is based on the measurement of over three hundred parcels. This value is referred to as an equivalent service unit (ESU). The single-family service charge shall be equivalent to one ESU and shall be a flat rate of fourteen dollars and fifteen cents.

(2)    All Other Customers, Including Commercial and Multifamily Residential. The service charge for all classes other than single-family residences will be based on the number of ESUs. The actual measured impervious area of each individual site will be divided by two thousand six hundred square feet to determine the number of ESUs of the individual site. The computed rate shall not be less than that for one ESU. The surface water utility service rate for these customers shall be fourteen dollars and fifteen cents per each ESU.

(3)    Late Fees. All fees and charges arising under this chapter which are past due or delinquent shall be charged a late fee of eight percent per annum. (Ord. 4014 § 1, 2005: Ord. 3964 § 1, 2004: Ord. 3911 § 1, 2003: Ord. 3806 § 1, 2001: Ord. 3765 § 1, 2000: Ord. 3714 § 1, 1999: Ord. 3597 § 1 (part), 1997)

*Code reviser’s note: Ord. 4014 § 2 provides as follows: “Effective date for new rates: The monthly rates established in this ordinance shall go into effect and become the rates to be charged as of January 1, 2006.”

15.56.030 Service to condominium.

For the purposes of this chapter, storm water utility rate shall be computed by measuring the impervious area of the entire condominium site and dividing by two thousand six hundred square feet per ESU. The “total” service fee shall be the number of ESUs multiplied by the rate/ESU as set forth in Section 15.56.020(B). The rate for each “condominium unit” shall then be determined by dividing the entire service fee by the number of units. (Ord. 3597 § 1 (part), 1997)

15.56.040 Qualified senior citizen rate.

(a)    The rates to be charged to a qualified low-income senior citizen single-family residential customer shall be:

(1)    Storm Water Service Fee. Fifty percent of the basic charge per ESU as set forth in Section 15.56.020(A).

(b)    For the purposes of this section, “qualified low-income senior citizen” means a person that has been determined by the King County assessor to be qualified for a low-income senior citizen property tax exemption authorized under RCW 84.36.381 as currently written or hereafter amended. (Ord. 3714 § 2, 1999: Ord. 3597 § 1 (part), 1997)

15.56.050 Storm water capital facilities charges.

The purpose of this section is to establish storm water capital facilities charges for all development activity as defined in the Kirkland Zoning Code that will include creation of new impervious surface.

(1)    The storm water capital facilities charge base fee (SWCFC base fee) will be equal to four hundred eighty-one dollars. The SWCFC base fee shall be adjusted periodically, but not less often than every odd-numbered year. The adjustment shall use the method following:

(a)    The adjusted SWCFC base fee shall be calculated by the following formula:

(In-Plant Service/Total Customer Base) + (Future Cost Basis/Future Customer Base) = Storm Water Capital Facilities Base Fee

(b)    The in-plant service is the cost at the time of the adjustment of all city storm water facilities installed since formation of the surface water utility less any storm water facilities funded by local improvement districts, grants or installation by private entities (developers).

(c)    The future cost basis is the cost of proposed capital improvement projects that can be attributed to future growth and expansion of the system.

(d)    The future customer base is the number of equivalent service units (ESU), as defined in Section 15.56.020, of impervious surface that it is estimated will be added to the city based on lot coverage under current land use zoning and an analysis of currently existing impervious surfaces within the city.

(e)    The total customer base is the existing number of ESU within the city plus the future customer base.

(f)    Upon determining the adjusted SWCFC base fee, the director of public works shall file with the director of finance and administration three copies noting the adjusted fee along with the values the fee is based on. The director of finance and administration shall file the schedules and values with the city clerk to be available for use by the general public and the affected city officials and departments.

(2)    Criteria for Determination of Storm Water Capital Facilities Charge. The storm water capital facilities charge (SWCFC) must be paid prior to issuance of the building permit and shall be determined by application of the criteria set forth below:

(a)    For one new detached dwelling unit on a single lot, the SWCFC shall equal the SWCFC base fee as defined in subsection (1) of this section.

(b)    For all other developments, the SWCFC charge shall equal the SWCFC base fee as defined in subsection (1) of this section times the number of ESU of new impervious surface to be created as part of the development, except as noted in subsection (2)(c) of this section.

(c)    The following portions of a development are exempt from payment of a SWCFC charge:

(i)    Pedestrian facilities and street improvements that will be dedicated to or constructed for the public use.

(ii)    Private access roads serving residential subdivisions.

(iii)    Alteration or expansion of a single detached dwelling unit on a single lot.

(iv)    Existing impervious surfaces that are being removed and replaced. (Ord. 4036 § 2, 2006)

15.56.060 Qualified rainwater harvesting discount.

The city of Kirkland shall provide a ten percent reduction in the monthly service rate for parcels containing new or remodeled commercial buildings that utilize a permissive rainwater harvesting system. The system must be designed to collect and use at least ninety-five percent of the average annual runoff volume from the impervious surface. A system that involves indoor uses of rainwater must also be permitted by Seattle-King County department of health to qualify for the rate reduction. Qualifying for the monthly service rate reduction does not relieve the property owner from the obligation to comply with applicable storm water and drainage code requirements for the buildings and site. (Ord. 4200 § 23, 2009)