City of Mukilteo

there are many privately-owned stormwater facilities in the City. These ponds and underground vaults are the responsibility of private property owners, including Homeowner’s Associations, single family residences, and commercial properties. If you have stormwater infrastructure on your property and are unsure of the maintenance responsibility, please contact the City’s Surface Water Technician at (425) 263-8082.

Excerpt from Mukilteo Municipal Code

13.12.210 Maintenance, repair and operation of the stormwater system.

A. Public Stormwater Facilities. The city shall be responsible for operating, maintaining, repairing and replacing public stormwater facilities and the public stormwater system.

B. Private Stormwater Facilities. Every property owner and/or person responsible for a private stormwater facility shall be responsible for operating, maintaining, repairing and replacing any private stormwater facility located on said property or under their control. Upon written notice by the city, a private stormwater facility shall be promptly repaired and/or brought up to applicable standards by the property owner or the person responsible for said facility. If a private stormwater facility serves multiple lots and the responsibility for maintenance has not been specified on a subdivision plat, short plat or other legal document, maintenance, operation and repair responsibility shall rest with the homeowners’ association, if one exists, or otherwise with the properties served by the facility, or finally, with the owners of the property on which the facilities are located.

C. Assumption of Maintenance Responsibility by City. The city may, at its sole discretion, agree to assume the maintenance of a private stormwater facility; provided, that the city may not agree to maintain any private stormwater facility unless all of the following conditions are met to the director’s satisfaction:

Maintenance of the facility by the city would provide a public benefit; and
Necessary and appropriate property rights and access are provided to the city in accordance with this chapter; and
The city has adequate resources, now and in the foreseeable future, to maintain the facility; and
At the time the maintenance of the facility is assumed by the city, the facility is in good repair and order, and is functioning in the manner that was intended when designed; and
Owners requesting city assumption under this section shall submit a statement supporting criteria in subsections (C)(1) through (4) of this section; and
The director has obtained a binding agreement, satisfactory to the city attorney, describing the terms and conditions under which the private facility shall be maintained by the city.

Unless directly caused by the sole negligence of the city, the city shall not be responsible for repair or replacement of failed structures, parts, or components of a private stormwater facility (even if the city has accepted the maintenance of said facility), nor for maintenance or rehabilitation of vegetation (except as may be needed, in the city’s sole discretion, for the detention and/or water quality function of the facility). Following assumption by the city of the maintenance of a private stormwater facility, the private property owner(s) shall continue to be responsible for the entire costs of any repair to and/or replacement of the facility.

D. New Private Stormwater Facilities. In new subdivisions, short plats, and binding site plans, operation and maintenance responsibility for private stormwater facilities shall be specified on the face of the subdivision, short plat or binding site plan to the satisfaction of the director before final approval of the subdivision, short plat or binding site plan may be granted.

E. Maintenance Standards. Stormwater facilities shall be maintained so that they function as designed and intended. Maintenance shall be performed in accordance with the city’s maintenance standards and in accordance with the project operation and maintenance plan, if one is developed pursuant to this chapter.

F. Maintenance and Correction of Drainage Problem by City.

When the director determines that the failure to maintain stormwater facilities necessitates an immediate action to remedy an imminent threat to public health, welfare and water quality, the city may perform the necessary construction or remedial work. No notice shall be required under such circumstances. The property owner, the property owners’ association, or project proponent shall be responsible for all costs associated with the work.
The director may order the removal, correction or replacement of any improperly constructed or maintained storm drainage or erosion control system that the director has previously reviewed and approved. The property owner, the property owner’s association, or project proponent shall be responsible for all costs associated with the removal, construction or replacement.
The property owner, the property owners’ association, and project proponent are jointly and severally liable for all costs, including a reasonable attorney’s fee, incurred in any remedial action performed by the city under this chapter. The city may record a lien on the property owned by such jointly and severally liable entities for payment of costs plus reasonable attorney’s fees. Interest shall accrue on costs and fees at the same rate as for real estate tax delinquencies and shall commence on the date of completion of remedial action.
The city assumes no liability for performing any action authorized under this section nor does the city take on responsibility for future maintenance or repair associated with such action. (Ord. 1458 § 1 (Exh. A), 2022; Ord. 1390 § 1 (Exh. A) (part), 2016: Ord. 1222 § 2 (Exh. A) (part), 2009. Formerly 13.12.280)

13.12.220 Inspections.

A. Authority. The director is authorized to establish inspection programs. Inspection programs may include, but are not limited to:

Routine inspections;
Random inspections;
Inspections based upon complaints or other notice of possible violations;
Inspection of drainage basins or areas identified as higher than typical sources of sediment or other pollutant or pollutants;
Inspection of any potential pollution generating sources on all public and private properties within the city; and
Joint inspection with other agencies inspecting under environmental or safety laws.

B. Right of Entry. An authorized representative of the city may enter private property at all reasonable times for the purpose of activities pursuant to this chapter. Activities may include inspection, technical assistance, sampling, testing, examination, abatement, copying of records and the performance of any other duties as defined by state and federal law or imposed by this chapter. Entry shall be authorized; provided, that the city first obtain permission from the property owner or person responsible for the premises upon presentation of proper credentials to that person. If entry is refused or cannot be obtained, the director shall have recourse to every remedy provided by law to secure entry, including but not limited to obtaining an administrative warrant for entry. The city shall at all times have the right to access property which is covered by an easement granted for the purposes of such access.

C. Right of Entry in Emergency. In the event of an emergency presenting a threat to public health or safety and requiring immediate action by the director under this chapter, the director may enter onto any property without obtaining consent; provided, that as soon as practicable thereafter, the director shall advise the property owner or other responsible person of such entry.

D. The city will perform inspections only if shoring and other site conditions conform with Washington Industrial Safety and Health Act (WISHA) safety standards and other safety requirements, as applicable.

E. Inspection of Private Stormwater Facilities. The city shall have the authority to periodically inspect private stormwater facilities for compliance with this chapter. Such inspections may include the following activities:

Inspection, sampling, and testing of any constructed stormwater facility for the purpose of determining compliance with standards for inspection, maintenance, or repair adopted by the director and applicable to the facility;
Investigation of the integrity of any constructed stormwater facility components using any appropriate test deemed necessary, including, but not limited to, dye or smoke testing or video surveys;
Creation of records reasonably necessary to document conditions related to compliance with the standards described above, including but not limited to photographs, video, measurements and drawings; and
Inspection and copying of nonconfidential records relating to inspection, maintenance, or repair of the constructed stormwater facilities.

F. Inspections and Investigations of Prohibited Stormwater Discharges and Pollutants. The city shall have the authority to inspect sources of prohibited stormwater discharges and pollutants and BMPs. Inspections may include, but are not limited to:

Examination of vehicles, trailers, tanks, or mobile or stationary equipment which could cause a prohibited discharge;
Inspection, sampling, and testing any area, discharge, material, or drainage facility for the purpose of determining the potential for contribution of pollutants to drainage facilities or waters of the state;
Screening for and/or tracking illicit discharges or illicit connections;
Inspecting land uses and potential pollution generating activities to ensure that appropriate source control BMPs are implemented and maintained;
Investigation of the integrity of drainage facilities on the premises using appropriate tests including but not limited to dye or smoke testing or video surveys;
Creating records reasonably necessary to document conditions related to stormwater pollution or BMPs implemented on the premises, including but not limited to photographs, video, measurements and drawings; and
Inspection and copying of nonconfidential records relating to site activity or processes presently or previously occurring, including but not limited to safety data sheets, stormwater pollution prevention plans, spill response plans, hazardous waste manifests, drainage inspection records, state or federal stormwater permits, or other records related to prohibited connections or discharges.

G. The director shall have the right to set up devices on any premises as are necessary in the director’s opinion to conduct monitoring or sampling of discharge from stormwater facilities.

H. The director has the right to require the property owner to install monitoring equipment as necessary to ensure compliance with this chapter. Sampling and monitoring equipment shall be maintained at all times in a safe and proper operating condition at the property owner’s expense. All devices used to measure stormwater flow and water quality shall be calibrated to ensure their accuracy.

I. Any temporary or permanent obstruction to the safe and easy access to the premises and any stormwater facility to be inspected and/or sampled shall be promptly removed by the property owner at the written or oral request of the director. The director may follow up oral requests with written requests if the obstruction is not removed. Such obstructions shall not be replaced. The costs of removing obstructions shall be borne by the property owner. (Ord. 1458 § 1 (Exh. A), 2022; Ord. 1390 § 1 (Exh. A) (part), 2016: Ord. 1222 § 2 (Exh. A) (part), 2009. Formerly 13.12.290)

13.12.240 Enforcement.

The director is authorized to enforce the provisions of this chapter utilizing the procedures as outlined below.

A. Notice and Order to Cease Violation.

Whenever the director has reason to believe that a condition exists in violation of this chapter, rules, regulations or standards required hereunder, the director may cause a notice and order to be issued to either the owner or operator of the source of the violation, the person in possession of the property where the violation originates and/or the person otherwise causing or responsible for the violation, which may include an order to immediately cease the activity causing the violation or take another action to abate the violation.
The notice and order shall include the following information:
1. The name(s) of the person(s) determined to be responsible for the violation and/or the owner of the property where the violation is occurring or did occur;
2. The address or legal description of the real property on which the violation exists or occurred;
3. A description of the conditions found to be in violation, including the specific provision of this chapter which has been violated;
4. If applicable, a brief description of any activity which is causing the violation to exist or occur;
5. A statement of the corrective action required to be taken. If a director has determined that corrective work is required, the order shall require that all required permits be secured, that work physically be commenced and that the work be completed within such times as the director determines are reasonable under the circumstances;
6. The amount of monetary penalty imposed due to the violation and the date by which payment must be made;
7. The signature and written name of the city official issuing the notice and order;
8. The contact information for the city’s designated contact person or office to which questions regarding the notice and order may be directed;
9. The date of the notice and order; and
10. Notice of the right to contest the notice and order as provided in subsection F of this section.
A notice and order may be amended at any time to correct clerical errors. An amendment made pursuant to this subsection shall not affect the validity or effective date of the original notice and order.
The notice and order shall be served upon all persons identified in the notice and order by one of the following methods: By personal service; By certified mail, sent to the last known address of the all persons identified in the notice and order; or If the address of all persons identified in the notice and order is unknown, by posting a copy of the notice and order in a conspicuous place at the site of the violation.

B. Warning Notice as Alternative to Notice and Order.

As an alternative to issuing a notice and order, the director may issue a warning notice to the owner or operator of the source of the violation, the person in possession of the property where the violation originates and/or the person otherwise causing or responsible for the violation of this chapter if, in the opinion of the director, the apparent violation can be voluntarily corrected within a reasonable amount of time. A warning notice is a communication by the director containing recommended actions that may be taken by the person(s) responsible for an apparent violation in order to potentially avoid the issuance of a notice and order.
The warning notice shall include the following information:
1. The name(s) of the person(s) determined to be responsible for the apparent violation;
2. The address or legal description of the real property on which the apparent violation exists or has occurred;
3. A description of the apparent violation, including the specific provision of this chapter which appears to have been violated;
4. If applicable, a brief description of any activity which is causing the apparent violation to exist or occur;
5. A description of any recommended corrective action;
6. A deadline by which corrective action should be completed in order to avoid issuance of a notice and order;
7. The signature and written name of the city official issuing the warning notice;
8. The contact information for the city’s designated contact person or office to which questions regarding the warning notice may be directed;
9. The date of the warning notice
A warning notice may be amended at any time to correct clerical errors. An amendment made pursuant to this subsection shall not affect the validity or effective date of the original warning notice.
The warning notice shall be served upon the responsible person(s) by one of the following methods: By personal service; By certified mail, sent to the last known address of the responsible person(s); or If the address of the responsible person(s) is unknown, by posting a copy of the warning notice in a conspicuous place at the site of the apparent violation.
The recipient(s) of a warning notice shall respond to the notice within thirty calendar days from the date of receiving the notice, unless the notice specifies a different time period. The recipient(s) may respond to a warning notice once in any of the following ways:
1. Cure the Apparent Violation in a Timely Manner. The recipient(s) of a warning notice may cure the apparent violation described in the notice within the time period specified in the notice. In such event, the recipient shall promptly notify the city when the apparent violation has been cured, and the city shall promptly inspect the site for compliance.
2. Request for Alternative Corrective Action. The recipient(s) of a warning notice may submit a written request to the city proposing an alternative to the city’s recommended corrective action to cure the apparent violation. The request shall describe the proposed alternative correction action and how it is functionally equivalent to the corrective action recommended by the city. The director may agree to the request for an alternative corrective action. The director’s decision to grant, deny, or partially grant a request for an alternative corrective action shall be in writing. If the violation is not cured, the director may issue a notice and order as provided in subsection A of this section.
3. Request Additional Time. The recipient(s) of a warning notice may submit a written request to the city requesting additional time to cure the apparent violation. Any such request shall explain why the circumstances surrounding the apparent violation support the request for additional time. The request shall propose a timeline or schedule pursuant to which the responsible person(s) will cure the apparent violation. The director may agree to a reasonable proposal requesting additional time. The director’s decision to grant, deny, or partially grant a request for additional time shall be in writing. If the violation is not cured by the new deadline, the director may issue a notice and order as provided in subsection A of this section.
4. Contest the Warning Notice. The recipient(s) of a warning notice may contest the accuracy, validity, or appropriateness of the notice by requesting the director amend the warning by providing a written request to the director within thirty calendar days from the date of receiving the warning notice. Any such request is limited to one opportunity.
The director may issue a notice and order for a violation of this chapter irrespective of any previous issuance of a warning notice regarding the violation.

C. Monetary Penalties and Costs.

Whenever a violation of this chapter occurs, the director may impose a monetary penalty upon the person(s) responsible for the violation. The amount of such monetary penalty shall be calculated pursuant to this subsection, and set forth in a notice and order issued pursuant to subsection A of this section.
Monetary penalties shall be determined as follows:
1. The base amount of monetary penalty shall be $5,000 per violation for a constructed stormwater facility found to be in violation of this chapter or standards required hereunder. If there are multiple problems with the same constructed stormwater facility, said problems shall be treated as a single violation for purposes of calculating the amount of base penalty imposed. If more than one constructed stormwater control facility is located on a particular property, a five thousand dollar base penalty shall be imposed for each constructed stormwater facility that is in violation of this chapter.
2. The base amount of monetary penalties for violations resulting in the discharge of pollutants and/or prohibited discharges, or failure to implement and properly maintain required source control BMPs, shall be determined by the director by reference to the penalty criteria contained in subsection D of this section and the penalty schedule contained in subsection E of this section. For repeat violators and repeat violations, the base penalty amount resulting from this calculation shall be doubled.
In addition to the base penalty amount, the person(s) responsible for a violation may also be required to reimburse the city for the costs incurred by the city in investigating the violation and enforcing remediation of the violation, including any laboratory costs. If the full amount of reimbursable costs incurred by the city due to a particular violation is not known at the time an original notice and order is issued, a revised notice and order including such costs in the monetary penalty may be issued to the responsible person(s) once said costs are known.
If there is more than one person responsible for a given violation, all responsible persons shall be jointly and severally liable to the city for the entire amount of monetary penalties imposed with respect to the violation.

F. Response to Notice and Order.

The recipient(s) of a notice and order shall respond to the notice and order within thirty calendar days from the date of receiving the notice and order, unless the notice and order specifies a longer time period. The recipient(s) may respond to a notice and order in any of the following ways:
1. Cure the Violation in a Timely Manner. The recipient(s) of a notice and order may cure the violation described in the notice and order within the time period specified in the notice and order. In such event, the recipient shall promptly notify the city when the violation has been cured, and the city shall promptly inspect the site for compliance. If the city determines the violation has been timely cured, the monetary penalty specified in the notice and order may be partially or fully waived, at the discretion of the director, as provided in subsection (L)(1)(b) of this section.
2. Request Additional Time. The recipient(s) of a notice and order may submit a written request to the city requesting additional time to cure the violation. Any such request shall explain why the circumstances surrounding the violation support the request for additional time. The request shall propose a timeline or schedule pursuant to which the responsible person(s) will cure the violation. The director may agree to a reasonable proposal requesting additional time. In connection with approving a request for additional time under this subsection, the director may also agree that if the violation is cured by the new deadline, the amount of the monetary penalty specified in the notice and order may be reduced by an appropriate amount, consistent with subsection L of this section. The director’s decision to grant, deny, or partially grant a request for additional time shall be in writing, as shall any associated decision to conditionally reduce the monetary penalty. If the violation is not cured by the new deadline, then any reduction in the amount of monetary penalties granted pursuant to this subsection shall be void and the original amount of monetary penalties specified in the notice and order shall be due and owing.
3. Request a Reduction in the Amount of Monetary Penalty. The recipient(s) of a notice and order may submit a written request to the city requesting a reduction in the amount of the monetary penalty specified in the notice and order. Any such request shall explain why the circumstances surrounding the violation support the request to reduce the amount of the monetary penalty. The director may agree to reduce the amount of the monetary penalty by an appropriate amount, consistent with subsection L of this section, on the condition that the violation must be cured by the deadline specified in the notice and order or such other deadline as the director may deem reasonable. The director’s decision to grant, deny, or partially grant a request for a reduction in the amount of any monetary penalty shall be in writing. If the director’s written decision grants or partially grants a reduction in the amount of a monetary penalty, then the decision shall also specify the deadline by which the violation must be cured in order for the reduction in monetary penalties to be effective. If the violation is not cured by the specified deadline, then any reduction in the amount of monetary penalties granted pursuant to this subsection shall be void and the original amount of monetary penalties specified in the notice and order shall be due and owing.
4. Request Additional Time and a Reduction in the Amount of Monetary Penalty. The recipient(s) of a notice and order may submit a written request to the city requesting both additional time in which to cure the violation and a reduction in the amount of the monetary penalty specified in the notice and order. Any such request shall explain why the circumstances surrounding the violation support both the request for additional time and the request to reduce the amount of the monetary penalty. The request shall propose a timeline or schedule pursuant to which the recipient of the notice and order will cure the violation. The director may agree to a reasonable proposal (a) requesting additional time, and/or (b) to reduce the monetary penalty by an appropriate amount, consistent with subsection L of this section, on the condition that the violation must be cured by the applicable deadline. The director’s decision to grant, deny, or partially grant a request for both additional time and a reduction in the amount of monetary penalties shall be in writing. If the director’s written decision grants or partially grants a reduction in the amount of a monetary penalty, then the decision shall also specify the deadline by which the violation must be cured in order for the reduction in monetary penalties to be effective. If the violation is not cured by the specified deadline, then any reduction in the amount of monetary penalties granted pursuant to this subsection shall be void and the original amount of monetary penalties specified in the notice and order shall be due and owing.
5. Appeal the Notice and Order. The recipient(s) of a notice and order may contest the accuracy, validity, or appropriateness of the notice and order by appealing the notice and order to the hearing examiner within thirty calendar days from the date of receiving the notice and order. Any such appeal must be made in writing and must contain the elements described in Section 17.13.090, except that no filing fee shall be required. The appeal documents shall be delivered directly to the city clerk by mail, personal delivery or other method, as provided in Section 17.13.090.

Additional Documents

City of Mukilteo Stormwater Website

City of Mukilteo Municipal Code

Please submit your name and email to access this content