Last Updated 07/20/2026
Excerpt from City of Everett Municipal Code
Chapter 14.28 SURFACE AND STORM DRAINAGE
City assumption of operation and maintenance
A. General Limitation to Certain Single-Family Projects. As set forth in this section, the city may assume the operation and maintenance of stormwater facilities. Unless determined otherwise by the director on a case-by-case basis, this assumption will be limited to stormwater facilities designed and constructed as common stormwater facilities serving multiple lots within single-family residential projects in connection with a short plat.
B. Requirements. The city may assume the operation and maintenance of stormwater facilities (including, but not limited to, retention/detention or other drainage treatment/abatement facilities) after the expiration of the two-year operation and maintenance warranty period for stormwater facilities if:
- All of the requirements of EMC 14.28.080 and the DCSS have been fully complied with; and
- The facilities have been inspected and accepted by the utility department after two years of operation in accordance with the city stormwater management manual; and
- All necessary easements in form acceptable to the city in the city’s sole discretion entitling the city to properly own, operate, and/or maintain the facility have been fully executed and recorded with the Snohomish County auditor; and
- The maintenance bond required in EMC 14.28.080(D) has been extended for one year, covering the city’s first year of operation and maintenance; and
- The developer has supplied to the city an accounting of capital, construction, and operation and maintenance expenses or other items for the facilities up to the end of the two-year period.
On a case-by-case basis, the director may determine to waive some or all of subsections (B)(1) through (5) of this section or may determine that additional requirements apply.
B. City Inspection. Prior to accepting ownership and maintenance responsibilities for stormwater facilities (whether through subsection (A) of this section, annexation or any other means) the city will inspect the facilities and review as-builts, form of easements, and other relevant items as needed to determine the facilities are in good condition and meet city standards and are otherwise acceptable to the city. Any deficiency noted will need to be corrected prior to city acceptance unless otherwise determined by the director.
C. Excessive Costs. If a stormwater facility serving private property has maintenance and/or other costs determined excessive by the city in its sole discretion, then the city may, prior to city acceptance of the facility, require the property owner(s) to make one-time or continuing contribution to such costs, with written agreement for the continuing contribution in a form acceptable to the city.
D. Nonassumption.
1. In the event that the city elects not to assume the operation and maintenance responsibility for the stormwater facilities, it will be the responsibility of the developer to make arrangements with the occupants or owners of the subject property for assumption of maintenance and operation in a manner subject to the approval of the director or in accordance with the stormwater management manual.
2. If the city elects not to assume operation and maintenance responsibility for stormwater facilities, the facilities shall be operated and maintained in accordance with the arrangements as approved by the director. The city may inspect the facilities in order to ensure continued use of the facilities for the purposes for which they were built and in accordance with these arrangements.
Maintenance and operations of private stormwater drainage systems.
Maintenance of private stormwater drainage systems and infrastructure is required to ensure the ongoing effectiveness of the facilities and the protection of life and property. All private stormwater drainage systems shall be maintained by the owner or operator thereof in a safe and proper operating condition, and in compliance with all applicable requirements of this chapter and regulations and procedures adopted hereunder. The city assumes no responsibility for maintenance and operation of private stormwater drainage systems, except for private stormwater drainage systems where the city has expressly assumed maintenance and operation as provided in EMC 14.28.090 or elsewhere in this chapter.
A. Any person or persons holding title to the property containing a stormwater facility shall be responsible for the continual performance, operation, maintenance, and repair of the facility in accordance with the criteria in this chapter and Volume V of the Stormwater Management Manual. The responsibility for maintenance of the stormwater facilities shall transfer with the property unless otherwise agreed by the parties in a recorded document pre-approved in writing by the director or designee.
B. The city is authorized to enter at all reasonable times in or upon any property for the purpose of investigating or inspecting a stormwater facility, stormwater drainage systems, or any condition relating to the provisions in this chapter and issue orders, including, but not limited to, requiring maintenance and/or repair, replacement, or restoration. (See EMC 14.28.150.)
C. The director shall establish inspection, scheduling, standards and compliance procedures for inspections and maintenance of all private stormwater facilities. The director may develop additional maintenance requirements as necessary to comply with federal or state regulatory programs.
D. No person shall cause or permit a stormwater facility or stormwater drainage system to be obstructed, filled, graded, or used for disposal of debris. Any such activity constitutes a violation of this chapter.
E. Any modification of an existing stormwater facility or stormwater drainage system must be approved and permitted by the city with a public works permit. Failure to obtain permits and approvals or to comply with conditions thereof for any such alteration constitutes a violation of this chapter.
Inspection and Enforcement
A. Administration.
1. The director shall administer and enforce this chapter and shall have the authority to adopt and implement procedures, policies, and regulations to administer and enforce this chapter. This chapter may be enforced pursuant to the provisions in this chapter as well as pursuant to the enforcement procedures established in Chapter 1.20 EMC.
2. The director may approve, conditionally approve, or deny an application for any activities regulated by this chapter.
B. Violation and Penalty.
1. Any person or persons violating this chapter, or rule or regulation adopted hereunder, or by any act of commission or omission procures, aids, or abets such violation, shall be subject to either civil penalties as provided in Chapter 1.20 EMC or guilty of a misdemeanor and, upon conviction, shall be punished by a fine not to exceed one thousand dollars and/or imprisonment for a term not to exceed ninety days. Each day such violation continues shall be considered an additional misdemeanor offense.
C. Inspection.
1. Whenever necessary to make an inspection to enforce any of the provisions of this chapter, monitor for proper function of stormwater facilities, stormwater drainage systems, source control BMPs, respond to spills and illicit discharges or whenever the director has reasonable cause to believe that violations of this chapter are present or operating on a subject property or portion thereof, the director or designee may enter such premises at all reasonable times to inspect the same or perform any duty imposed upon the director by this chapter; provided, that if such premises or portion thereof is occupied, the director or designee shall make a reasonable effort to contact the owner or other person having charge or control of the premises or portion thereof.
2. Property owners are required to permit reasonable ingress and egress by the director or designee to any stormwater facilities, source control BMPs, or to perform any duty imposed upon the director by this chapter.
D. Enforcement.
1. Enforcement Orders. The director shall have the authority to issue an enforcement order to an owner or responsible party to maintain or repair a component of a stormwater facility or stormwater drainage system, implement structural or operational source control BMPs, or address illicit discharges, spills or connections in accordance with the provisions of this chapter. The order shall include:
a. A description of the property, including the address and tax assessor number;
b. A description of the specific nature, extent, date, and time of the violation and the damage or potential damage that reasonably might occur;
c. A notice to cease and desist the violation or the potential violation and, in appropriate cases, the specific corrective actions to be taken; and
d. A reasonable time to comply, depending on the circumstances, not to exceed six months.
2. Stop Work Orders. Whenever any private or public construction work is being done contrary to the provisions of this chapter or any regulation adopted hereunder, the director is authorized to order the work stopped pursuant to Chapter 1.20 EMC and EMC 13.72.010.
3. Inspection Fee. The director may impose a maintenance inspection fee for any stormwater facilities or source control BMPs found not to be in compliance with this chapter. This inspection fee shall be independent of any current or future penalties that may be incurred by the property owner for noncompliance with this chapter. Reinspection fees shall be applied if reinspection occurs beyond the normal routine of inspection and verification of maintenance or correction of nonstormwater discharges to the stormwater drainage system, surface water bodies, or ground water. The inspection fee and reinspection fee for maintenance shall be set forth in the city’s adopted fee schedule, which may be amended by city council from time to time.
4. City Abatement. If the enforcement order is not adhered to, the city may provide such actions as needed to repair, restore or maintain the stormwater facilities, stormwater drainage systems source control BMPs, or to collect, remove, and contain an illicit discharge or illicit connection. Additionally, if at any time the city determines that the stormwater drainage system or any element of a stormwater drainage system creates any imminent threat to public health or welfare, the city may take immediate measures to remedy the threat. Under such circumstances no notice to the owner of the stormwater drainage system shall be required.
5. Owner Responsible for Costs, Fees, and Charges. The owner of the stormwater facilities, stormwater drainage system(s) or source control BMPs shall assume all responsibility for the cost of any maintenance and for repairs to such facilities, system(s) or BMPs. The person responsible for the illicit discharge or illicit connection shall assume all responsibility for the cost of any cleanup or repairs. Such responsibility shall include reimbursement to the city within thirty days of the receipt of the invoice for any work the city performs pursuant to subsection (D)(4) of this section. Overdue payments will require payment of interest at the current legal rate for liquidated judgments. If legal action ensues, any costs or fees incurred by the city will be borne by the parties responsible for said reimbursements.
6. Lien Authorized. In the event the property owner fails to pay the city within thirty days from the date that the costs were incurred, the city shall have the right to file a lien against the real property for all charges and expenses incurred. Such lien shall specify the expenses incurred, provide a legal description of the property and will be filed with the county auditor within ninety days from the date of the completion of the work or such later date as may be determined by the director or designee. Payment may at any time thereafter be sought by foreclosure procedures of liens under the laws of the state of Washington.
7. Revocation of Land Use and Development Permits. Notwithstanding any other provision of this chapter, whenever the director finds that a violation of this chapter or rules or regulations adopted hereunder has created or is creating an unsanitary, dangerous, or other condition which, in the director’s judgment, constitutes an immediate hazard, the director may suspend or revoke any permit for which the approval of a stormwater site plan is required on the project or development where the violation exists and suspend or terminate operations under the permit immediately.
8. Business License Revocation. In addition to any other penalty imposed, the director may request that the city clerk revoke a person’s business license for any of the following reasons: (a) noncompliance with this chapter; (b) not allowing for inspection of their stormwater facility; or (c) nonpayment of any fines or inspection fees incurred by the owner of the utility account.
9. Recording. An enforcement order that has not been complied with may be recorded by the city with the Snohomish County auditor’s office. When all violations specified in the enforcement order have been corrected or abated, the director shall record a release of the order, if the underlying order was recorded. The release shall include a legal description of the property where the violation occurred and shall state, if applicable, that any unpaid civil penalties for which liens have been recorded are still outstanding and continue as liens on the property.
E. Liability.
1. The director and any other employee charged with the enforcement of this chapter, acting for the city in good faith and without malice in the discharge of his/her duties, shall not be liable personally for any damages which may accrue to persons or property as a result of any act required or by reason of any act or omission in the discharge of such duties.
2. It is the intent of these regulations to provide for and promote the health, safety and welfare of the general public, and not to create or otherwise establish or designate any particular class or group of persons who will or should be especially protected or benefited by the terms of these regulations.
3. It is the specific intent of these regulations to place the obligation of complying with its requirements upon the property owner and applicant and no provision or term used in these regulations is intended to impose any duty whatsoever upon the city or any of its officers, employees, or agents for whom the implementation or enforcement of these regulations shall be discretionary and not mandatory.
4. Nothing contained in these regulations is intended to be nor shall be construed to create or form the basis for any liability on the part of the city, its officers, employees or agents, for any injury or damage resulting from the failure to comply with these regulations, or by reason or in consequence of any inspection, notice, order, certificate, permission or approval authorized or issued or done in connection with the implementation or enforcement of these regulations, or by reason of any action or inaction on the part of the city related in any manner to the enforcement of these regulations by its officers, employees or agents.
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Frequently Asked Questions
What is stormwater compliance in the City of Everett?
Stormwater compliance in Everett means following the City’s surface and storm drainage ordinance, which sets minimum requirements for how development projects manage runoff. The City is the permitting authority for all land disturbing activities and will only issue construction permits to projects that have an approved stormwater management plan in place. Once construction is complete, property owners are responsible for maintaining all on-site stormwater facilities. The City operates under the NPDES program and can inspect properties and issue a Notice of Violation for any deficiency found on site.
Does stormwater compliance apply to my Everett property?
It depends on the size of your project. Everett’s ordinance sets specific thresholds that determine which requirements apply.
If your project results in 2,000 square feet or more of new or replaced hard surface, or disturbs 7,000 square feet or more of land, you must meet the first five minimum stormwater requirements.
If your project results in 5,000 square feet or more of new or replaced hard surface, converts three quarters of an acre or more of vegetation to lawn or landscaping, or converts two and a half acres or more of native vegetation to pasture, all nine minimum requirements apply.
If you are unsure which requirements apply to your project, AQUALIS can review your plans and help you navigate the permitting process.
Who is responsible for stormwater compliance in Everett?
Everett’s ordinance places responsibility squarely on the property owner. You are responsible for the cost of all maintenance and repairs to your stormwater facilities, and you are required to allow City inspectors reasonable access to your property at any time. If the City has to step in and perform maintenance or repairs because you did not, you are responsible for reimbursing the City within 30 days. If you do not pay, the City can file a lien against your property and pursue foreclosure under Washington State law. AQUALIS can manage your stormwater maintenance obligations so you stay ahead of any issues.
Why does stormwater maintenance matter for Everett property owners?
Violations in the City of Everett can escalate quickly.
Fines up to $1,000 per day. Each day a violation continues is a separate misdemeanor offense, with fines up to $1,000 and up to 90 days imprisonment per violation.
Inspection and reinspection fees. If your facility is found out of compliance during an inspection, the City can charge a maintenance inspection fee on top of any penalties. If a reinspection is required, an additional fee applies.
Permit and business license revocation. The City can suspend or revoke any land use or development permit tied to a noncompliant property, and can request revocation of your business license for failing to maintain your stormwater system, refusing an inspection, or not paying fines.
Liens and legal costs. If the City makes repairs and you do not reimburse within 30 days, it can lien your property. If legal action follows, you are responsible for the City’s court costs and attorney fees.
What are the most common stormwater compliance failures in Everett?
Based on AQUALIS’s inspection experience and Everett’s ordinance, these are the issues we see most often.
Facilities not maintained to design standards. Property owners are required to maintain stormwater facilities so they function as originally designed. Sediment buildup, overgrown vegetation, and clogged outlets are the most common causes of failure.
Illicit discharges and connections. Non-stormwater materials entering the drainage system, including spills, wash water, or process water, are violations. Property owners are responsible for cleanup costs in full.
Refusing or obstructing an inspection. Blocking City inspectors from accessing your stormwater facilities is itself a violation and can trigger immediate enforcement action, including business license revocation.
Unpermitted drainage modifications. Any modification to an existing stormwater facility requires City approval. Changes made without permits are violations subject to stop work orders and penalties.
Missing stormwater site plans. Without your approved stormwater site plan on file, you cannot demonstrate that your current system meets the requirements it was built to satisfy.
How do I know if my Everett stormwater system is at risk?
Watch for these warning signs.
Water is not draining after rain. Standing water more than 72 hours after a storm suggests your system is not performing as designed.
Visible sediment, debris, or blockages. Buildup around inlets, outlets, or in detention areas means maintenance is overdue and you are likely out of compliance with the City’s maintenance standards.
Unusual discharge. Discolored, oily, or odorous water coming from your drainage system may indicate an illicit discharge, which triggers both cleanup liability and enforcement action.
Unpermitted changes to drainage. If work was done on your drainage system without City approval, that is an active violation regardless of how long ago it occurred.
Upcoming sale or change in ownership. Everett’s ordinance makes clear that compliance obligation stays with the property owner. If you are selling or buying a commercial property, an AQUALIS assessment before closing can surface any issues before they become your liability.
The information on this page is provided for general informational purposes only and is not legal advice. Regulations change frequently — AQUALIS makes no warranty as to the accuracy or completeness of this content, and any reliance on it is at your own risk. Consult a qualified professional or your local regulatory authority to confirm requirements applicable to your specific property.
