City of Lake Stevens

Excerpt from Lake Stevens Stormwater Management Ordinance

11.06.080 Construction and Maintenance of Stormwater Facilities.

(a)    All stormwater facilities required under this chapter shall be constructed and maintained as set forth in the Stormwater Manual and the permits and/or approvals of the City.

(b)    Maintenance of Private Stormwater Facilities.

1. The person or persons holding title to the property and the applicant required to construct a stormwater facility shall remain responsible for the facility’s continual performance, operation, and maintenance in accordance with the standards and requirements of the Stormwater Manual, this chapter, and the permits and/or approvals of the City and shall remain responsible for any liability as a result of these duties. This requirement shall apply to all facilities not otherwise accepted by the City for maintenance as set forth in subsection (c) of this section.
2. The City shall have authority to periodically enter upon the property and inspect the facilities to ensure such compliance and to issue orders requiring maintenance and/or repair. In event that the titleholders or other responsible parties do not effect such maintenance and/or repairs, the City may perform such work, and the cost thereof shall be recoverable by the City from said titleholders or other responsible parties and/or by filing a lien against the property.
3. When an inspection identifies an exceedance of the maintenance standard, maintenance shall be performed in accordance with the following schedule:
   1. Within one year for typical maintenance of facilities, except catch basins
   2. Within six months for catch basins.
   3. Within two years for maintenance that requires capital construction of less than $25,000.

(c)    Maintenance by City of Stormwater Facilities on Single-Family Residential Property.

1. The City is authorized to assume the total responsibility for all maintenance and repair of stormwater facilities serving single-family residential property if:
   1. The stormwater facilities have been conveyed to and accepted by the City, at the City’s sole discretion, by bill of sale and accompanied by: (a) a warranty of the grantor that the utility lines, facilities and appurtenances are free of debt and were constructed in accordance with City standards and specifications; and (b) an agreement by the grantor to indemnify and hold the City harmless from any claims or damages arising from defective materials or workmanship;
   2. If the lines or facilities are on or cross private property, the grantor shall have conveyed to the City the required easements for constructing, repairing, maintaining, altering, changing, controlling and operating the lines or facilities in perpetuity;
   3. The bonding and insurance requirements of Section 11.06.090 have been fully complied with;
   4. The facilities have been inspected and approved by the City;
   5. The City Council has adopted an increase in the stormwater user’s fee for the single-family residential property being served by the stormwater facilities, which fee increase shall cover the City’s cost of maintaining and repairing the facilities; and
   6. All other requirements of this chapter have been fully complied with.
2. The City is authorized to assume the partial responsibility for only normal and routine maintenance of stormwater facilities serving single-family residential property if:
   1. The City and the titleholders or other responsible parties of the property have entered into an agreement in which the titleholders or other responsible parties: (a) indemnify and hold the City harmless from any claims or damages arising from the City’s acts or omissions related to maintenance of the facilities; (b) give the City access rights to maintain the facilities; and (c) agree to remain responsible for all maintenance and repair of the facilities
   2. The bonding and insurance requirements of Section 11.06.090 have been fully complied with;
   3. The facilities have been inspected and approved by the City;
   4. The City Council has adopted an increase in the stormwater user’s fee for the single-family residential property being served by the stormwater facilities, which fee increase shall cover the City’s cost of maintaining the facilities; and
   5. All other requirements of this chapter have been fully complied with.
3.     All major structural and nonstructural repairs beyond the scope of “normal and routine maintenance” shall remain the responsibility of the titleholders or responsible parties. (Ord. 1010, Sec. 2 (Exh. A), 2018; Ord. 808, Sec. 1 (Exh. A), 2009. Formerly 11.06.070)

11.06.110 Right of Entry and Inspection.

1. Inspections.
   1. The City is required to perform inspections of activities that are or may be resulting in prohibited discharges as specified in the Stormwater Manual and the City’s NPDES Permit.
   2. Inspection prior to clearing and during construction will apply to sites with a high potential for sediment damage, as identified by the applicant during civil review based on definitions and requirements in the Western Washington Phase II Municipal Stormwater Permit or Stormwater Manual.
   3. Upon request by the Director, property owners, occupying business owners, or their representatives shall provide proper ingress and egress to the Director or a designee to inspect, monitor or perform any necessary duty required by this chapter to any stormwater facility or areas subject to stormwater flow. As feasible, the grantee should be present to provide access, attend, and to participate in the inspection with City staff.
   4. The Director or their designee shall notify the responsible party in writing of failure to comply with this access requirement. Failing to obtain a response within seven days from the receipt of notification, the Director or their designee may order the work required completed or otherwise address the cause of improper access. The obligation for the payment of all costs that may be incurred or expended by the City in causing such work to be done shall thereby be imposed on the person holding title to the subject property and/or imposed against the subject property by filing a lien.
   5. Emergency access to a property may be necessary to address certain polluting situations. The above-described communication should be attempted; however, immediate emergency access shall be granted for the Director or their designee to inspect a concern of imminent hazard to environmental and human health, safety, and welfare. (Ord. 1151, Sec. 1 (Exh. A), 2022; Ord. 1010, Sec. 2 (Exh. A), 2018; Ord. 808, Sec. 1 (Exh. A), 2009. Formerly 11.06.100)

11.06.120 Fees, Enforcement, and Penalties.

1. Fees. Fees for reviews, inspections, permits and/or approvals, and appeals, which are set forth in this chapter, shall be set by resolution of the City Council.
2. Enforcement. Violations of this chapter shall be enforced pursuant to Title 17 and this section.
3. Penalties. Penalties for violations of this chapter shall be as follows
   1.  A civil violation is subject to a monetary penalty of $500.00 for each violation per day or portion thereof.
   2.  A misdemeanor violation is subject to a jail term of not more than 90 days, a fine of not more than $1,000 for each violation, or both such fine and imprisonment.
4. Progressive Enforcement. Enforcement actions are used in a progressive manner, such that education and technical assistance, warnings, and penalties to be issued incrementally in order to achieve necessary and appropriate protection. Progressive enforcement is not required based on the Director’s assessment of severity of a concern, such as when a person willfully contaminates City surface water and the MS4.
   1. Voluntary Compliance. To promote voluntary compliance, the first step of enforcement is to provide education about surface water concerns, BMPs, and regulations including enforceable actions.
   2. Warning and Compliance Schedule. To promote compliance with potential enforcement, a warning shall be issued paired with a reasonable date of compliance to be met, with information about the level of penalty for failure to comply.
   3. Notification of Noncompliance. To rectify problems at an accelerated schedule, a severe penalty may be issued for individuals that knowingly or recklessly endanger the public or environment with polluting activities.
   4. The Director may issue internal directives to provide consistency and to clarify how to apply the above enforcement actions in normal and unique circumstances. (Ord. 1151, Sec. 1 (Exh. A), 2022; Ord. 1010, Sec. 2 (Exh. A), 2018; Ord. 808, Sec. 1 (Exh. A), 2009. Formerly 11.06.110)

Additional Resources

Lake Stevens Stormwater Ordinance

Lake Stevens Stormwater Website