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Ordinance 26760006.040.055 WSS:jib REV/06/30/88 ORDINANCE NO. 167h AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, TO THE EDMONDS CITY CODE, AMENDING THE PROVISIONS OF CHAPTER 7.10 RELATING TO WATER SERVICE BY THE ADDITION OF A NEW SECTION 7.iO.06u SUSPENSION OF SERVICE - FAILURE TO COMPLY WITH SEWER CONNECTION NOTICE, ESTABLISHING A PROCEDURE FOR TERMINATICN OF SERVICE TO INDIVIDUALS WHO FAIL OR REFUSE TO COMPLY WITH THE CITY'S NOTIFICATION TO ATTACH TO AN AVAILABLE SEWER SYSTEM; AMENDING ECDC 20.10.010 RELATING TO APPEAL OF STAFF DECISIONS TO INCLUDE SEWER ASSESSMENT CHARGES CLAUSE AND SETTING AN EFFECTIVE DATE. WHEREAS, within the City of Edmonds, particularly, in the Meadowdale area, there exist certain areas of landslide hazard; and WHEREAS, the City, through its professional consultants, has attempted to assess and evaluate the risk of landslide hazari; I and WHEREAS, the City Council finds that such experts have advised the City that a major, if not the major, component of i slide hazard is the existence of excess ground water within the soil; and WHEREAS, in order to alleviate the risk of earth subsidence and the landslide hazard, the City has installed extensive public improvements in the Meadowddle area, including sanitary sewers for the alleviation of "gray water" and other unsanitary conditions and storm sewers dewatering the area by removing, to the extent possible, both septic tank discharge and other surface and ground waters from the area, thereby protecting the public health, safety an3 welfare; and WSS506890 -1- 0006.040.055 WSS-jib RFV/05/30/88 WF'EREAS, despite the availability of sanitary sewers and the notice and requirement of the City issued in accordance with RCW 35.67.190 that such individuals connect to such available sewers, certain individuals have not done s-); and WHEREAS, the City Council finds that the continued discharge of ground water into unstable soil through private septic tanks when sanitary sewers are readily and economically available to the residents comprises a distinct threat to the public health, safety and welfare because of the enhancement of the potential for landslide hazard and earth subsidence; and WHEREAS, such individuals receive their water supply from the City of Edmonds; now, therefore, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON DO ORDAI! AS FOLLOWS: Section 1. ECC Chapter 7.10 Water Service, is hereby amended by the addition of a new section -7.10.065 entitled Suspension of Service - Failure to Comply With Sewer Connection Notice, to read as follows: 7.10.065 Suspension of Service - Failure to ComD1V With Sewer Connection Note ect A. There exist within the City of Edmonds certain earth subsidence and landslide hazard areas, and other environmentally sensitive areas in which the discharge of sanitary waste from private septic tanks constitutes a hazard to the public health, safety and welfare of the City. Such areas may be designated by the City Council or by order of the Public Works Director. The Meadowdale landslide hazard area, as defined and described in documents on file with the City of Edmonds and available for inspection at the request of any individual, is hereby ueclared to be such an area. Failure of WSS506890 -2- 0006.040.055 WSS:jib REV/06/30/88 any owner or owners of residential or commercial structures located within such a designated area to connect with available sanitary sewers following notice given in accordance with RCW 35.67.190 is hereby declared to be a public hazard and nuisance. B. When any owner or owners of property have failed to connect within the period established by written notification, the Community Services Director or his designee shall cause a notification of shut-off of water service to be delivered to the owners of such properties by registered mail. The notice shall specify that water service shall be terminated by the City within ten (10) days of the date of notice unless: 1. The owner or owners shall cause the property to be connected to the public sewer within such period; or 2. The owner or owners shall apply for a buildina permit within said ten (10) day period and connect to the sewer line, present a written contract or adequate assurance between the owner and a licensed plumber evidencing ar enforceable obligation and intent to connect to such line and provide a bond in an amount sufficient to fulfill the terms of such agreement in the event that the owner defaults thereon. C. In the event the owner fails to connect to the sewer line within the ten (10) day period or to provide the adequate assurances required by subparagraph (2) above, water service to such residential or commercial structures and to the property on which they are located shall ue discontinued. Service shall not again be instituted until such time as the owner has connected to the sewer system, paid the actual costs of the City including but not limited '_n disconnecting, reconnecting, notifying the owner and otherwise taking action with respect to the requirements of this section. The actual cost thereof may vary, but the City Council hereby WSS50689O -3- 0006.040.055 WSS:jib REV/06/30/88 establishe., such reconnection fee to be $250.00, provided, however, that in the event the actual costs are qreater, they may he imposed by written order of the Community Services Director or his designee and the reconnection shall not be completed until such time such assessed costs are paid. In the event that the owner or owners believe that the reconnection charges are in excess of the amount actually incurred or which reasonably may be incurred the City, the owner or owners may appeal the set fee or additionally designated fee as a staff decision in accordance with the provisions of ECDC 20.105.010(a) to the Edmonds Hearing Examiner. Section 2. The provisions of ECDC 20.105 Appeals and Court Review, Section 20.10.010 Appealable Decisions, is hereby amended to read as follows: A. Staff Decision. Any person may appeal a decision of the Staff on the following matters to the Hearing Examiner in the manner provides for by this chapter: 1. Short subdivision and lot line adjustments. 2. Home occupations. i 3. Interpretations of the text of the i Community Development Code. 4. Threshold determinations in conditioning or denial of proposals under Chapter 20.15 (SEPA). 5. Permits or approvals required by Title 18 (Public Works). 6. Appeals of required dedications of right-of-way and the reconnection charge established under the provisions of ECC 7.10.065. B. Staff Decisions Appealable to the Architectural Design Board. Any person may appeal a decision of the Staff on the following matters to the Architectural Design Board in the manner provided in WSS50689O -4- t 0006.040.055 WSS:jib REV/06/30/88 this chapter: 1. Sign permits. C. Hearing Examiner Decisions. Any person ,nay appeal a final decision of the Hearing Examiner to the City Council in the manner provided in this section. Section 3. If any section, sentence, clause or phrase of this ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity ,,r unconstitutionality shall not affect the validity or constitu- tionality of any other section, sentence, clause or phrase of this ordinance. Section 4. This ordinance, shall take effect and be in full force thirty (30) days after publication of the attached summary which is hereby approved. APPROVED: MA LARR N UGH EN ATTEST/AUTHENTICATED: / IT CLERK, JACQUFLINE G. PARRETT WSS50689O -�- 0006.040.055 WSS:jib REV/06/30/88 APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: By I FILED WITH THE CITY CLERK: June 30. 1988 PASSED BY THE CITY COUNCIL: July 19, 1988 PUBLISHED: July 24, 1988 EFFECTIVE DATE: August 24, 1988 ORDINANCE NO. 2676 WSS50689O -6-