City of Burien

Excerpt from City of Burien Stormwater Ordinance

13.10.270 Operation and maintenance of stormwater facilities.

(1) Standards for maintenance of stormwater facilities existing on public or private property within the city are contained in the SWDM and the SPPM. Any maintenance agreement submitted and approved by the city through the permit process shall supersede maintenance requirements contained in the SWDM and the SPPM.

(2) 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.

(3) 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.

(4) All stormwater facilities and conveyance systems not owned by Burien, including, but not limited to, roof downspout drains, driveway drains, source control BMPs, and treatment BMPs, shall be maintained by the persons responsible for the property.

Any persons responsible for property for which Burien has required stormwater facilities shall be responsible for the continual operation, maintenance, and repair of said stormwater facilities in accordance with the criteria set forth in the SWDM and the SPPM.

Each person responsible for property is responsible for maintenance of the property’s drainage facilities up to and including the point at which it connects with Burien’s stormwater management system. A right-of-way permit and standards apply in accordance with Chapter 12.18 BMC for work in Burien’s public street right-of-way.

(5) For drainage facilities referenced in subsection (4) of this section, failure to meet the maintenance requirements specified in the SWDM and the SPPM constitutes a violation of this chapter, and shall be enforced against the persons responsible for the property served by the stormwater facility, source control, or treatment BMP. Lack of operations and maintenance, as required by the SWDM and the SPPM and any approved maintenance agreements or covenants, is a violation of this chapter and will be enforced consistent with applicable laws, orders, or regulations. When an inspection identifies a failure to comply with the maintenance standard, the persons responsible for the property will perform work:

• Immediately and no later than 24 hours after discovery if maintenance is necessary to correct safety or health problems, and to prevent harmful materials from entering the stormwater system, or to remove harmful materials that have entered the stormwater system;
• Within six months of discovery for routine maintenance operations or minor repairs; or
• Within two years of discovery for maintenance that requires capital construction of less than $25,000;
• Within a timeline set by the public works director for maintenance that requires capital construction that exceeds $25,000.

(6) Burien’s Acceptance of Existing Residential Stormwater Facilities. Burien may accept for maintenance those stormwater facilities serving residential developments existing prior to the effective date of the ordinance codified in this chapter that meet the following conditions:

• The stormwater facilities serve more than one individual house or property;
• An inspection by the director has determined that the stormwater facilities are functioning as designed;
• The stormwater facilities have had at least two years of satisfactory operation and maintenance, unless otherwise waived by the director;
• An inspection by the director has determined that the stormwater facilities are accessible for maintenance using existing city equipment;
• The persons responsible for the property served by the stormwater facilities have submitted a petition containing the signatures of the title holders of more than 50 percent of the lots served by the stormwater facilities requesting that Burien maintain the stormwater facilities;
• An easement or dedication of the property is offered by the property owner at no cost;
• All easements entitling Burien to properly access, operate and maintain the subject stormwater facilities have been conveyed to Burien and have been recorded with the King County office of records and elections;
• The persons responsible for the property served by the stormwater facilities show proof of the correction of any defects in the drainage facilities, including provision of maintenance access, as required by the director; and
• Burien formally accepts said infrastructure for operation and maintenance.

(7) 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 stormwater maintenance activities, and, where appropriate, the Dangerous Waste Regulations, Chapter 173-303 WAC. [Ord. 792 § 6, 2022; Ord. 657 § 2, 2016]

13.10.510 Enforcement – Violations.

Any violations of this chapter, the SWDM, or the SPPM are violations of this chapter and code and are subject to the provisions of this section. 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 monetary penalty shall be based on the nature of the violation, the damage or risk to the public or to public resources, the public resources expended to take enforcement action and ensure compliance with this chapter, 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 Chapters 1.15, 8.45 and 9.75 BMC, as currently written or hereafter amended or as otherwise allowed by law.

(2) Violation. 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 is subject to the enforcement and penalty provisions of this section, Chapter 1.15 BMC, and BMC 13.10.520.

(3) Criminal. Any willful violation of the provisions of this chapter is deemed a misdemeanor. [Ord. 657 § 2, 2016]

13.10.520 Enforcement – Civil penalties.

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 and for all costs of inspection and sampling in the event the violation constitutes an illicit discharge. 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 10 days of the date of written notice of the same. Delinquent bills may be collected by a civil action 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.

(1) Monetary Penalty.

• The amount of the monetary penalty per day or portion thereof for each violation of this chapter shall be as set forth in Chapter 1.15 BMC.
• In the event of a conflict between this chapter and any other provision of this code or city ordinances providing for a civil penalty, this chapter shall control.

(2) 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. [Ord. 657 § 2, 2016]

Additional Resources

City of Burien Stormwater Ordinance

City of Burien Stormwater Website

Burien Declaration of Covenant for Maintenance and Inspection of Drainage Facilities