Last Updated 07/21/2026
Excerpt from Mukilteo Municipal Code
Chapter 13.12 Surface Water Management
13.12.210 Maintenance repair and operation of the stormwater system
1. Public Stormwater Facilities
The city shall be responsible for operating, maintaining, repairing and replacing public stormwater facilities and the public stormwater system.
2. Private Stormwater Facilities
All development under the high-density option shall use engineered stormwater control structures as a primary treatment system. Engineered stormwater control structures shall be designed for specific pollutant removal according to modeling techniques approved by the North Carolina Department of Environment and Natural Resources. Specific requirements for these systems shall be in accordance with the Standard Engineering Details and Specifications Manual.
3. Assumption of Maintenance Responsibility by City
- 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.
4. 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.
5. 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.
6. 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.
13.12.220 Inspections
1. Authority
- 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.
2. 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.
3. 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.
4. Inspection of Private Stormwater Facilities
- 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.
5. Inspections and Investigations of Prohibited Stormwater Discharges and Pollutants
- 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.
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Frequently Asked Questions
Who is responsible for stormwater maintenance in Mukilteo?
Every property owner is responsible for operating, maintaining, repairing, and replacing any private stormwater facility on their property or under their control. The City is only responsible for public stormwater facilities.
For facilities serving multiple lots, responsibility falls first on the homeowners association if one exists, then on the properties served by the facility, and finally on the owners of the property where the facility is located. In new subdivisions and short plats, maintenance responsibility must be specified in the recorded documents before final approval is granted.
If you have stormwater infrastructure on your property and are not sure who is responsible for maintaining it, you can contact the City’s Surface Water Technician at (425) 263-8082, or reach out to AQUALIS for an assessment.
What are the penalties for stormwater violations in Mukilteo?
Mukilteo’s penalty structure is one of the most specific of any municipality in the area.
$5,000 base penalty per facility. If your constructed stormwater facility is found to be in violation, the base penalty is $5,000. If multiple problems exist with the same facility, they are treated as a single violation. If you have more than one facility on your property that is in violation, each one carries its own $5,000 base penalty.
Investigation and lab costs billed to you. In addition to the base penalty, you may be required to reimburse the City for all costs it incurred investigating and enforcing the violation, including laboratory costs.
Joint and several liability. If more than one person is responsible for a violation, all of them are jointly and severally liable for the full penalty amount.
Penalties may be reduced or waived if you cure the violation within the timeframe specified in the notice and order, at the director’s discretion. Acting quickly is in your interest.
What happens when Mukilteo issues a stormwater violation notice?
Mukilteo uses a two step enforcement process. For apparent violations that can reasonably be corrected voluntarily, the City may first issue a warning notice rather than a formal notice and order. This gives you a chance to fix the problem and potentially avoid a penalty.
Once you receive a warning notice, you have 30 days to respond. You can cure the violation, request an alternative corrective action, ask for more time, or contest the notice in writing. You get one opportunity to respond.
If the City proceeds to a formal notice and order, the same 30 day response window applies. Options include curing the violation, requesting more time, requesting a penalty reduction, or appealing to the hearing examiner. Curing the violation promptly gives the director discretion to partially or fully waive the monetary penalty.
If you do not act and the City steps in to make repairs, you are responsible for all costs including attorney fees, and the City can record a lien against your property with interest accruing at the same rate as real estate tax delinquencies.
Can the City of Mukilteo enter my property to inspect stormwater facilities?
Yes. The City has broad inspection authority under the ordinance. Inspections can be routine, random, complaint based, or focused on areas identified as higher sources of pollution. The City can inspect both the physical condition of your stormwater facilities and your records related to maintenance and repair.
In most cases, the City will obtain your permission before entering. If you refuse, the City can seek an administrative warrant to gain access. Obstructing access is itself a violation, and you are responsible for the cost of removing any obstruction.
In an emergency where there is an immediate threat to public health or safety, the City can enter your property without consent and without notice. If that happens, they are required to notify you as soon as practicable afterward.
How do I know if my Mukilteo 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 functioning as designed.
Visible sediment, debris, or blockages. Buildup in ponds, catch basins, or around inlets and outlets is a sign maintenance is overdue and puts you at risk during a City inspection.
Illicit or unusual discharge. Discolored, oily, or odorous water from drainage outfalls may indicate a prohibited discharge, which carries its own penalty calculation separate from facility maintenance violations.
Maintenance responsibility is unclear. If your property has stormwater infrastructure but no recorded document specifying who is responsible for maintaining it, that gap needs to be resolved. The City will assign responsibility if it is not already documented.
Recent property purchase. Maintenance obligations in Mukilteo follow the property. If you recently bought a commercial property, an AQUALIS assessment can confirm the condition of stormwater facilities and clarify maintenance responsibility before any issues become yours to resolve.
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.
