ORD 92-26 REDUCTIONS TO WATER, SEWER & STORM WATER SERVICE CHARGESORDINANCE NO. 92- 26
AN ORDINANCE of the City of Bainbridge Island,
Washington, relating to reductions in the City's water, sewer,
and storm and surface water service charges; amending Sections
13.04.160, 13.16.080, 13.16.082, 13.16.084, 13.16.086, 13.16.090,
13.16.110 and 13.24.120 of the Bainbridge Island Municipal
Code; and adding new Sections 13.04.055, 13.24.082, 13.24.084
and 13.24.086 to the Bainbridge Island Municipal Code.
WHEREAS, on July 13, 1992, the City conducted a public hearing on the issue of
reductions in the City's utility service charges; and
WHEREAS, the City Council has determined that the best interests and general
welfare of the citizens of the City will be served by reducing utility service charges for low
income senior citizens and disabled persons and by reducing storm and surface water service
charges for certain properties; now, therefore,
THE CITY COUNCIL OF THE CITY OF BAINBRIDGE ISLAND,
WASHINGTON, DO ORDAIN as follows:
Section 1. There is added to the Bainbridge Island Municipal Code a new
Section 13.04.055 to read as follows:
13.04.055 Combined disposable income. "Combined disposable income"
means a person's disposable income, as defined in RCW 84.36.383(6), as
amended, plus the disposable income of the person's spouse and of each co-
tenant occupying the person's residence.
Section 2. Section 13.04.160 of the Bainbridge Island Municipal Code is amended
as follows:
13.04.160 Low income senior citizen. "Low income senior citizen" means a
person who is 62 years of age or older and who has a combined disposable
income in an amount which would entitle the person to the exemption from
all excess state property taxes set forth in RCW 84.36.381(5)(a), as amended.
Section 3. Section 13.16.080 of the Bainbridge Island Municipal Code is amended
as follows:
13.16.080 Low income senior citizen discount. Low income senior citizens
who meet the requirements set forth in Sections 13.16.084 and 13.16.086 shall
be entitled to a reduction in water, sewer, and storm and surface water service
charges as established by the City by resolution.
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Section 4. Section 13.16.082 of the Bainbridge Island Municipal Code is amended
as follows:
13.16.082 Disabled citizen discount. Disabled citizens who meet the
requirements set forth in Sections 13.16.084 and 13.16.086 shall be entitled to
a reduction in the City's water, sewer, and storm and surface water service
charges as established by the City by resolution. For the purposes of this
chapter, a disabled citizen is a person who is disabled as defined by the Social
Security Administration and who receives Social Security benefits, or any
other benefits, for that disability from any governmental source.
Section 5. Section 13.16.084 of the Bainbridge Island Municipal Code is amended
as follows:
13.16.084 Application for discount. In order to qualify for the rate reductions
set forth in Sections 13.16.080 and 13.16.082, a person must file an application
for the reduction with the City Clerk prior to January 1 of the year for which
the rate reduction is desired. Persons qualifying for the discount after the first
of the year may apply at any time at least 30 days prior to the billing date
upon which the rate reduction is to be effective. Applicants must meet the
requirements for eligibility set forth in Section 13.16.086.
Section 6. Section 13.16.086 of the Bainbridge Island Municipal Code is amended
as follows:
13.16.086 Requirements for eligibility for discount.
The rate reduction shall only apply to utility charges for service to a
residence. The residence for which the rate reduction is requested
must be the applicant's principal place of residence.
The applicant must be the head of the household for the residence for
which the rate reduction is requested.
The utility account must be in the applicant's name or the name of the
applicant's spouse. Persons living in multi-family residences where one
water meter serves the entire building shall not be eligible even if all
other requirements are met.
No person may claim a rate reduction for more than one dwelling unit
during the same billing period.
The rate reduction authorized by Section 13.16.080 shall not be used
in conjunction with the rate reduction authorized by Section 13.16.082.
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Section Z. There is added to the Bainbridge Island Municipal
Code a new Section 13.24.082 to read as follows:
13.24.082 Impervious surface area rate reductions. For any
property other than a single family residence or a duplex residential
dwelling:
The storm and surface water service monthly fee charged for
the property for impervious areas consisting of gravel
shall be 80% of the rate for impervious areas set forth in
Section 13.24.080;
The storm and surface water service monthly fee charged for
the property for impervious areas consisting of packed dirt
shall be 50% of the rate for impervious areas set forth in
Section 13.24.080; and
The storm and surface water service monthly fee charged for
the property for impervious areas which are cleared but not
compacted shall be 40% of the rate for impervious areas set
forth in Section 13.24.080.
The rate reduction authorized by this section shall not reduce
the total storm and surface water service monthly fee to less
than 50% of the monthly fee required pursuant to Section
13.24.080, and shall not be used in conjunction with any other
rate reduction authorized by this title.
Section ~. There is added to the Bainbridge Island Municipal
Code a new Section 13.24.084 to read as follows:
13.24.084 Private storm water retention system rate reduction.
For any property other than a single-family residence or
duplex residential dwelling, if the property owner (1) has
been required by either the City or Kitsap County since
January 1, 1985, to install a private storm water retention
system as a condition of the property's development or (2)
has installed voluntarily since January 1,1985, a private
storm water retention system serving the property and
meeting City standards at the time of installation, the
City may at its sole discretion reduce by up to 50% the
storm and surface water service monthly fee charged for the
property pursuant to Section 13.24.080. The rate reduction
authorized by this Section shall not be used in conjunction
with any other rate reduction authorized by this Title.
Section ~. There is added to the Bainbridge Island Municipal
Code a new Section 13.24.086 to read as follows:
13.24.086 Application for rate reductions - Appeal.
In order to qualify for the rate reductions set forth in
Sections 13.24.082 and 13.24.084, the property owner must
file an application with the Director of Finance at least
30 days prior to the billing date upon which the rate
reduction is to be effective.
Any person aggrieved by any decision of the Director of
Finance relating to an application for the rate reductions
authorized by Sections 13.24.082 and 13.24.084 may appeal
the Director's decision by filing a writ of review with the
superior court of the county within thirty days of the
date of the Director's decision.
Section 1__0. Section 13.16.110 of the Bainbridge Island
Municipal Code is amended as follows:
13.16.110 Penalty and enforcement provisions
It is unlawful for any person, unless duly authorized, to
disturb, interfere with, or damage any water main, or sewer
pipe, machinery, tools, meters or other appliances,
buildings, improvements, or other appurtenances belonging
to, connected with, or under the control of city water
and/or sanitary sewage disposal system.
It shall be the duty of the employees of the police, fire
and other departments of the City to aid in the enforcement
of provisions of this title and they shall report all
violations thereof which come to their knowledge.
Except as otherwise provided in this title, any person
feeling aggrieved for any decision or action made or taken
pursuant to this title may appeal to the City Council by
filing written notice of appeal within ten days following
notification of such decision or action. Such notice of
appeal shall set forth in reasonable detail the action or
decision appealed from, and the appellant's grounds for
reversal or modification thereof.
Section 1__1. Section 13.16.090 of the Bainbridge Island
Municipal Code is amended as follows:
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13.16.090 Enforcement of sewer and water liens·
All charges for sanitary sewage disposal service and for
connections thereto, together with penalties and interest
thereon as provided in this title and by statute, shall be
a lien upon the property to which such connection is made
or such service furnished, superior to all other liens or
encumbrances except those for general taxes, special
assessments, and city water service. It the City files a
lien pursuant to this paragraph, the City may charge the
property owner a sewer service lien fee in the amount
established by the City by resolution. If the City
releases any lien filed pursuant to this paragraph, the
City may charge the property owner a sewer service lien
release fee in the amount established by the City by
resolution. Enforcement of such lien or liens shall be in
the manner provided by law for the enforcement of the same.
As an additional and concurrent method of enforcing the
sewer service lien authorized by this section and state
law, the City may shut off the water service to the
premises to which such sewer service was furnished or
connections made after the charges become delinquent and
unpaid, until the charges are paid, subject to the
conditions set forth in state law.
All charges for water service shall be a lien upon the
premises and shall be enforceable by shutting of water
service until the delinquent bill is paid, subject to the
conditions set forth in state law. If the City files a
lien pursuant to this paragraph, the City may charge the
property owner a water service lien fee in the amount
established by the City by resolution. If the City
releases any lien filed pursuant to this paragraph, the
City may charge the property owner a water service lien
release fee in the amount established by the City by
resolution.
Section 12. Section 13.24.120 of the Bainbridge Island
Municipal Code is amended as follows:
13.24.120 Lien for service - Interest. Pursuant to RCW
35.67.200 et seqo the City shall have a lien for delinquent
and unpaid storm water sewer charges. If the City files a lien
pursuant to this section, the City may charge the property
owner a storm water sewer lien fee in the amount established by
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the City by resolution. If the City releases any lien filed
pursuant to this section, the City may charge the property
owner a storm water sewer lien release fee in the amount
established by the City by resolution. Enforcement and
foreclosure of said lien shall be as provided by law. Interest
on the unpaid balance shall be 8% per annum or higher rate as
authorized by law.
Section 13. This ordinance shall take effect and be in force
on October 1, 1992.
PASSED by the City Council this 17th day of September, 1992.
APPROVED by the Mayor this 17th day of September, 1992.
ATTEST/AUTHENTICATE:
Ralph W. Eells, Finance Director
S ~ to, Mayor
APPROVED AS TO FORM:
Rod P. Kaseguma, City Attorney
FILED WITH THE CITY CLERK: August 14, 1992
PASSED BY THE CITY COUNCIL: September 17, 1992
PUBLISHED: 9-23-92
EFFECTIVE DATE: 10-1-92
ORDINANCE NO. 92-26
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