Ordinance No. 1120 - Adding 13.08.108 Sewer Annexation RequirementsCITY OF YELM
ORDINANCE NO. 1120
AN ORDINANCE OF THE CITY OF YELM, WASHINGTON, ADDING A NEW SECTION 13.08.108
ANNEXATION REQUIREMENTS, TO CHAPTER 13.08 SEWER SYSTEM OF THE YELM MUNICIPAL
CODE.
WHEREAS, Chapter 13.08 does not currently contain a provision outlining annexation
requirements for consumers requesting sewer service; and
WHEREAS, there is currently no application process outlined in the ordinance by which
premises within the Yelm Urban Growth Area may obtain sewer services; and
WHEREAS, the Yelm City Council has determined the Yelm Urban Growth Area can be
serviced with a sewer connection after signing a waiver of protest to annexation by the City and
a special irrevocable power of attorney; and
WHEREAS, the Yelm City Council has determined the following ordinance will be added to
Chapter 13.08 SEWER SYSTEM of the Yelm Municipal Code; now, therefore,
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF YELM AS FOLLOWS:
Section13.08.108 is hereby added to the Yelm Municipal Code as follows:
Section 13.08.108 Annexation requirements.
A. Premises lying within the Yelm urban growth area (UGA) shall annex to the City as a condition
of sewer connection. Alternately, the City may elect to defer annexation and require execution of
an agreement described in subsection B of this section.
B. Premises not annexed as a condition of sewer service may receive such service only upon
entering into an appropriate agreement with the City containing a waiver of protest to annexation
and/or a special irrevocable power of attorney authorizing annexation at such time as the City
determines the premises is to be annexed to the City.
1. Application fees as established by the City Council must be paid upon the submittal of
a signed agreement requesting sewer service for premises outside the City.
2. The cost of the sewer extension must be borne in whole by the applicant for such
services, subject to any provisions in effect at the time of connection for latecomer
reimbursement.
3. The agreement may not be executed prior to the time formal application is made for
approval of the project for which utilities are requested. The term of said agreement shall
terminate at the time any project application or approval expires or is revoked for any
reason. A new agreement is required for any extension of project applications or approvals
or when in the opinion of the Public Services, a substantial change or addition is made to
the project.
C. Following execution, such agreement must be recorded by the City in the chain of title for
such premises in the records of the Thurston County Auditor.
Adopted by the Yelm City Council at the regular meeting this 13' day of August 2024.
�ertll o, Mayor
ATTEST:
4
Kathy Linne yer, CityClerk
-
PUBLISHED: W0l`�0a�
EFFECTIVE DATE: ,131 �C�y
SPECIAL IRREVOCABLE POWER OF ATTORNEY
AGREEMENT TO ANNEX (UGA PRIVATE)
THIS AGREEMENT is made and executed by and between the City of Yelm, a municipal
corporation, hereinafter referred to as "City' and hereinafter referred to
as "Owner".
WHEREAS, Owner holds record title of the following described Property (the "Property")
located within Thurston County, Washington:
SEE ATTACHMENT `A
WHEREAS, said Property lies within the City urban growth area, thereto, and
WHEREAS, it is the desire of the Ownerthat said Property be served with water, reclaimed
water, and/or sewer service from the City of Yelm and hereby makes application therefore, or is
already served by City utilities, and
WHEREAS, Section(s) of the Yelm Municipal Code requires that an
Agreement executed whereby the owner of the above described Property covenants that they
would annex said Property to the City of Yelm at such time as the Property becomes contiguous
to the corporate limits of the City of Yelm, or is otherwise eligible for annexation to Yelm, and
WHEREAS, it is appropriate that the Owner grant to the Yelm Public Services Director a
special power of attorney to effect said annexation at the time the Property becomes contiguous
to Yelm or is otherwise eligible for annexation to Yelm.
IT IS AGREED BETWEEN THE PARTIES as follows:
1. That Yelm hereby provides water, reclaimed water, and/or sewer service to the above
described Property in accordance with Title 13 of the Yelm Municipal Code
2. In consideration of Yelm providing said utility service, the Owner hereby grants and conveys
to the Yelm Public Services Director or his successor in interest or designee a Special Power
ofAttorneyto exercise any and all rights said Owner, their heirs or assigns and any successors
in interest to said Owner, including any purchasers, mortgage holders, lien holders or other
persons who may claim an interest in said Property hereinafter referred to as "Successors in
Interest" to accomplish the following:
(a) To petition to Yelm for annexation of any part or all of the Property described above, which
petition shall conform to the provisions of paragraph (b) herein.
(b) To accomplish all steps necessary or proper for the annexation of said Property under
RCW 35A.14 and the ordinances and regulations of the City of Yelm for annexation of
Page 1 of 3
Property to the City of Yelm with zoning consistent with the ordinances of the City of Yelm
and with the condition that Owner or its Successors in Interest will be required to assume
no more than a fair share of Yelm's bonded indebtedness.
(c) To sign any and all letters, petitions, and other documents necessary to accomplish said
annexation on behalf of any successors in interest as defined above.
(d) This Power of Attorney shall be considered a power coupled with an interest and may not
be terminated except at such time as the above described Property is no longer served
by water, reclaimed water, and/or sewer service through Yelm or Yelm's utility facilities.
3. If the City of Yelm resolves to annex the above-described Property pursuant to RCW
35A.14.295-.299, the Owner or its Successor in Interest covenants not to challenge same by
referendum or other methods. This Agreement and Power of Attorney touches and concerns
the real Property described above and so long as the said Property is served by water,
reclaimed water, and/or sewer service from the City of Yelm through the Yelm water, reclaimed
water, and/or sewer system, shall bind the land and shall run with the land, binding the
Owner's assigns, heirs, transferees, Successors in Interest and all who derive an interest
therein.
4. This agreement is effective upon the date of the last signature of both the grantor and grantee.
THIS AGREEMENT shall be recorded in the Thurston County Auditor's Office and shall be
referenced upon any deed or other instruments conveying an interest in said Property.
Dated in Yelm, Washington this
F -W
ITS:
(Owner)
(Signature)
(Title)
day of 20
CITY OF YELM
BY:
(Signature)
ITS:
(Title)
Page 2 of 3
STATE OF WASHINGTON )
) ss
COUNTY OF THURSTON )
On this day of 20 personally appeared before me
, known to be the individual(s)
described, and who executed the foregoing instrument and acknowledged that they signed the
same as their free and voluntary act and deed for the uses and purposes therein mentioned.
WITNESS my hand and official seal the day and year first above written.
Notary Public in and for the State of Washington,
residing in
My commission expires
STATE OF WASHINGTON )
) ss
COUNTY OF THURSTON )
On the day of , 20 , before me, a Notary Public in and for
the State of Washington, duly commissioned and sworn, personally appeared
to me known to be the Public Services Director of the City
of Yelm, a municipal corporation, who executed the foregoing instrument and acknowledged the
said instrument to be the free and voluntary act and deed of said municipal corporation for the
uses and purposes therein mentioned and on oath states that is authorized to execute the
said instrument.
WITNESS my hand and official seal the day and year first above written.
Notary Public in and for the State of Washington,
residing in
My commission expires
Page 3 of 3
Chapter13.08
SEWER SYSTEM
Sections:
13M.010–Ale1 nitlix1%
13.08.020—Uze- municipalsew.ar.
13.08,030 .Applioalic ntDr sewer service.
13.98_040 STEP sewercannection. permit.
13,OS.050 Cpllectipn lines,
13„08,.Ofep_Jnspections and-onmpliance with stattda:d%
13.08-70 UnlawfuLacts,
]8..08.0$.Ol'roltibite.a uses.
1309090 S war service rharees 8ybiem develapmPnt chaLga.an inspectj,pntee,
13.08.095 Mpnthysewerfees.
13.0#.100 Opasationalattthority.
13.0.8.35__Adjuasmant.oF_sawe r. bi jl.
13_08aQ7__Sys,telnAe3telopfnatttcharge andlnepecliaafeawaivera ddutaaaL
73.08.108 Annexation requirements.
1a. 08,1IiL....V1,olatiens—Canaltles_
13.08.010 Definitions.
"As -built" or "as -built drawing" means a drawing showing the horizontal and vertical Location of the
improvements as actually constructed; showing invert elevations, slopes of pipes, location oft he
pipes, tanks, controls, valves, depths of cover, type of material and any other feature different than
shown on the design drawing.
"Assess" means to establish an amount or rate for the value of required improvements, fees or
charges that are due for services provided which may become a lien on the property receiving such
improvements or services.
"BOD" is the abbreviation for"biochemical oxygen demand"which means the quantity of oxygen
utilized inthe biochemical oxidation of organic matter understandard laboratory procedure in five
days at 20 degrees centigrade, expressed in parts per million byweight; provided, that, in the event
an alternative definition is utilized by orwithin the terms of a permit Issued by a governmental
agency under which the treatment system is required to operate, then such definition shall be
deemed incorporated herein by reference.
Formatted: Hyperlink, Font: Bald, Complex Script Fo
Bold
"City of Yelm department of public works" or" public works" means the sewer function of the city
and the rules, regulations, boundaries, etc., rotating to such sewer function. See" director."
"City standards" means the official design and engineering specifications of the city adopted by the
city council and applying to the construction of facilities under the city's jurisdiction.
"Collection lines" means a pressure or gravity sewage conveyance line and appurtenances as
defined from time to time by the city standards.
Commercial Waste. See "industriaI/commerciat waste."
"Cover" means the depth of earth material lying between the top of the sewer and the fin ished
grade immediately above it.
"Director," when utilized within this chapter, refers to the director of public works/health officer or
his/her designee.
"Disabled citizen" means a permanently disabled head of household whose combined income
from all sources does not exceed income levels as established or amended by resolution of the city
council.
"Down spout" means the leader, whether pipe, chain or otherwise, above ground which is installed
to conduct waterfrom the roof gutter.
"Drain" means any type of conduction of waste or surplus liquids.
"Equivalent residential unit" or"ERU"means the unit of measurement determined by that quantity
of flow associated with a single residential household as defined by YMC 13-08,095.
"Garbage" means solid waste which includes, but is not limited to, matter originating from the
preparation, cooking and dispensing of food; from handling, sale and storing of produce; from
public places orfrom private ownership.
"Health officer" means the official responsible for the public health of the citizens of Yelm or
his/her designee. See "director."
"House drain" or"building drain" means the pipe used for conveying sewage from the buildingto
the clean-out orto a point two and one-half feet beyond the outer line of any footing, piling, building
support or porch under which it may run; whether such drain consists of one line extending from
the building or of two or more such lines.
I ndustrial/commercial waste" means the wastes from an industrial or commercial process, as
distinguished from sanitary sewage.
"Licensed sewer contractor" means any contractor licensed by the state of Washington who is duly
registered as a specialty contractor ora general contractor, and as such is licensed to construct,
install, repair, reconstruct or excavate any sewers and to connect any building sewer to such public
sewers, and who possesses a valid city business license.
Maintenance Manager. See "director."
"Municipal sewer service area" or"sewer service area" means the geographic area defined in the
city's comprehensive sewer plan in which sewer service is currently available and planned to be
served with sewer service in the future.
"Municipal sewer system" means the city's sewer system and includes collectively: the STEP
system, collection tines, treatment plant, discharge piping and cobalt piping.
"NPDES" is an abbreviation for National Pollution Discharge Elimination System which is a federal
wastewater discharge permitting system that establishes discharge limits for facilities discharging
wastewater to waters of the United States of America.
"Occupant" means any person in physical possession of the building or structure to which sewer
service is available, whether the owner, tenant or other person holding a possessory interest.
"On-site" means that the majority of the component parts of a wastewater collection or soil
absorption system are located on the private property where the wastewater is generated.
"Owner" means any person who holds fee title to the subject property.
"Person" means any individual, firm, company, association, society, corporation or group.
.'pH" means the logarithm of the reciprocal of the weight of hydrogen ions in grams per liter of
solution.
"Pretreatment ordinance" means an ordinance adopted by the city addressing the type or Level of
treatment that may be required prior to the discharge of sanitary sewage into the STEP system.
"Primary treated wastewater" means wastewater that has been treated by the septic tank.
"Public place" or"public area" means any space dedicated to or acquired for the use of the general
public or utilized with the permission of the owner or occupant on a continuing basis by the general
public.
"Rate reduction application procedure" means the application procedure set forth in
YM c _1_$-luka2Q.
"Sanitary sewage" means the combination of the water -carried wastes from residences, business
buildings, institutions, commercial and industrial establishments, which wastes contain polluted
matter subject to treatment at the sewage treatment plant, i.e., sanitary sewer.
"Sanitary sewer system" means an integrated system of piping, pumps, valving and related
structures constructed for the purpose of collecting and conveying domestic wastewater from
sources to points of treatment.
"Septic tank" means a tank designed to provide primary treatment of the wastewater, and sized
according to the city's Technical Specifications STEP Onsite System. See "STEP tank"
"Sewer" means a pipe or conduit for conveyance of wastewater, and may be either gravity or
pressure flow.
Sewer Collection System. See "sanitary sewer system."
Sewer Service Area. See" municipal sewer service area."
"Sewer system" means the treatment plant, outfall, collection lines and STEP system as defined
herein.
Shall— May. For purposes of this code, "shall" shall be deemed to be mandatory and" may"
permissive, unless the circumstances of the utilization thereof mandate otherwise.
"Side sewers" means the sewer pipe from the building drain to the STEP or septic tank serving the
particular building, beginning at a single discharge point two and one-half feet outside the
foundation wall, or at the clean-out if closerthan two and one-half feet outside the foundation wall
but still outside the foundation wall and ending at the inlet to the STEP or septic tank.
"Site plot" or"site map" means a map of the side sewer location retained by the city in conjunction
with any permit; the site plot or site map shall serve as a record of all matters pertaining to such
permit.
"Slug" means any discharge of water, sewage or commerciaWin dustriat wastewater which, for any
period longer than 15 minutes, has a flow rate or concentration of any given constituent that
exceeds more than five times the average 24-hourftow rate or concentration of normal operation.
"Soil absorption system" means a system designed to percolate primary treated wastewater into
soil through the use of a drainfield, mound system or other land disposal system approved by the
Thurston County health department.
"Standard participation contract" means the form of contract required by this code to be entered
into before properties which have not yet been connected to or assessed for sewers or do not
otherwise qualify for sewer service may nevertheless use the public sewers of the city.
"STEP system" means allfacilities from the building drain to the sewer collection lines including:
the STEP tank, pump, screens, controls, alarms, electrical breakers, the effluent line, includingthe
pipe, valves and valve box, and all miscellaneous appurtenances from the STEP tank to the sewer
collection line.
"STEP tank" means a septic tank effluent pump tank and appurtenances as defined by the city
standards.
"Suspended solids" means solids that eitherfloat on the surface of or are in suspension in water,
sewage or other liquids, and which are removable by the application of a treatment process.
"Treatment plant" means the structures, equipment and facilities required to receive, treat and
reclaim wastewater, including the outrall piping and structures. (Ord. 868 5 3, 2007; Ord, 505 51,
1994).
13.08.020 Use of municipal sewer.
A. It is unlawful for any person to place, deposit or permit to be placed or deposited, any human or
animal excrement, sanitary sewage or other objectionable waste, by any natural or nonnatural
means in any manner, upon property of the city or private property within the city sewer boundaries,
or in any area under the jurisdiction of the city, except through the city's sewage collection system
or through an approved on-site system as provided in this chapter.
B. Except as provided in this chapter, it is unlawful to constructor maintain any privy, privy vault,
cesspool or other facility intended or used for the disposal of sewage and to install or use any on-
site soil absorption systems in such cases where the city's sewer collection system is avai table for
service as provided herein. For purposes of this code, the sewer collection system shalt be deemed
available when the premises are within 200 feet of the city's collection tines; provided, that the
city's treatment plant holds suff icient unused capacity to treat the expected sewage from the
premises. The 200 -foot distance shall be calculated by measuring from the lot line closest to the
existing portion of the city's collection system.
C. Forthe purpose of this code, when the sewer is not available as defined in this section, primarily
treated wastewater may be disposed of on-site with a treatment and disposal system that meets
the approval of the health officer. All components shall be designed and constructed to meet the
city's STEP system standards. The city shalt establish the standards under which all components of
the system will be constructed, including: side sewers, tanks, pumps, pump controls and
associated appurtenances for both the municipal system and on-site soil absorption systems that
will be converted for use in the transport of effluent to the Yelm municipal collection system at such
time as sewer is available.
D. The owner(s) of any premises upon which any building is located within the city's sewer service
area shalt connect to the city's municipal sewer system if: (1) the city's sewer collection system is
available to the premises, as defined in subsection A of this section; (2) the Thurston County health
department has determined that the interests of public health and safety require a connection to
the city's municipal sewer system. Where the sewer collection system is available and as such, a
property owner is required to connect to such system, such connection shalt be made within the
lesser of: (1)two years from May 1, 1994, or (2) when in the opinion of the health officer, the on -the -
site system on the premises requires repair or replacement. Such connections shall be made at the
sole expense of the owner within 30 days after notification by the city that service is available. This
section shall apply to new buildings constructed within the city on or after the effective date of the
ordinance codified in this chapter.
E. The director may authorize the connection of more than one structure on the premises, whether
residential, commercial or industrial to a single septic tank or STEP system installation serving the
property. Any multiple connection must receive prior written approval from the director before a
construction permit will be issued.
F. In the event that property is not timely connected to the municipal collection system within the
time period prescribed by subsection B of this section, the director is authorized and directed to
make such a connection to the system and to notify the city clerk/treasurer of the total cost thereof.
Thereupon, a warrant shalt be issued and drawn upon the city's sewer fund for payment of such
total cost. A statement of such total cost shalt be filed with the auditor of the county of Thurston, as
well as the treasurer of the county of Thurston, and such amount, together with interest at the rate
as may from time to time be established for judgments on the total amount of the costs, shall be
assessed against the property and shall become a lien thereon as provided in this chapter.
G. Any building hereafter constructed or made available for human occupation and use, or parcel of
real estate to which the sewer collection system is available as provided in subsection A of this
section, shall, within 60 days after an application for aside sewer permit is received by the city, or
prior to occupancy of the premises, whichever event first occurs, be connected to the municipal
sewer system of the city.
H. The owners of property within the corporate limits of the city, which property has not been
connected to sewers, may, with the city's consent, connect to the municipal sewer system of the
city and obtain sewer service by entering into an assessment agreement provided for by
YMC 13.08.040(A). Property located outside the corporate limits of the city shall not be permitted to
connect to the city's municipal sewer system at any time unless:
1. The property is included within the boundaries of the sewer service area; and
2. Either the property is annexed to the city orthe owners thereof enter into a binding agreement
with the city, agreeingthe property shall be annexed to the city at such time as the city may request,
and that the property owner waives any protest to the annexation. (Ord. 505 3 2, 1994).
13.08.030 Application for sewer service.
A. Properties that are located within the city's sewer service area, as that area may from time to
time be modified, and are not connected to the municipal sewer system and otherwise do not
qualify for sewer service under the terms of this chapter, may be eligible to he connected to the
city's municipal sewer system and be served thereby when the owner thereof executes an
application for sewer service and the city concurs therewith. Upon the concurrence by the city, the
application and all of its terms become a binding contract on all parties named therein. The
application shall be filed and recorded with the Thurston County auditor.
B. The application for sewer service shot[contain such terms, conditions and requirements as may
be from time to time established by the public works director. At a minimum, it shall provide the
following:
1. That the property owner warrants that he/she is the owner of that property with full authority to
bind the property with the covenants and conditions contained in the application;
2. That the property owner shall subject his/her property to the terms of the application and shalt
use the city's municipal sewer system in accordance with the rules and regulations of the city as
they may be amended from time to time, and that the property shall be subject to the regular
schedule of sewer service charges of the city as may from time to time be fixed by the city for its use
classification, including, if the city so provides, a reasonable split or special rate for properties in
particular areas;
3. That the property described in the application shall be the only property served with sewer
service pursuant to the terms in the application;
4. That the property subject to the application shall be subject to liens, penalties and interest for
nonpayment of sewer service charges to the same extent as any other property served bythe city;
5. That the property ownera nd his/her successors in interests hall not object to any annexation to
the city or the formation of any utility local improvement district, the areas of which may include the
property subject to the application;
6. That owners hall provide all necessary easements prior to the commencement of installation of
collection lines on-site and all collection and STEP system materials and equipment shall be
approved by the city and the ownership of such equipment and materials shalt meet the
specifications and approval of the city, including, but not limited to, a transfer of ownership to the
city at the city's request;
7. The owner shall agree to pay, prior to connection, any connection fee which may from time to
time be assessed, as well as any monetary amount that may be expended by the city pursuant to
this chapter and YMC 13 08 095. Such charges shall constitute a lien upon the properties and be
subject to collection as provided in YMC 13 08,020(F).
C. Charge in Lieu of Assessment. The property owner must pay to the city, in addition to any
connection fee, application fee or other charge which may be due, an amount of money which shall
constitute a charge in -lieu of assessment which may be determined by the use of an assessment
formula used by the city. The charge in -lieu of assessment must be paid in full before connection to
the city's municipal sewer system is permitted. This charge in -lieu of assessment shall be deemed
to take into consideration, among other factors, the reduction in capacity of the collection system
and/or treatment plant, resulting from the connection, which shall be in such amount as may from
time to time be established by the director pursuant to the provisions of YMC 113,08J QQ_
D. Other Terms. To protect the interests of the city, the city may require that other conditions and
provisions be inserted into the application for sewer service as the individual case may warrant.
E. Developer Agreement. In addition to authority provided in this chapter, the city may also enter
into contracts with the owners of real estate to the extent allowed by law. (Ord. 505 § 3, 1994).
13.08.040 STEP sewer connection permit
A. It is unlawful for any person to make connection to the city's municipal sewer system without
complying with all of the provisions of this code and having first procured a permit to do so from the
city.
B. Applications for the STEP sewer connection permit shalt be obtained from the office of the public
works director and shalt be filed therewith. The application shalt be on such form as may from time
to time be established by the public works director and shall require such information as from time
to time may be established by the public works director, including, but not limited to, the name and
address of the owner or owners, the correct address and proper legal description of the property to
be served, the anticipated use of the property to be served, and the name, address and contractor's
number of the contractor who will be doing the work. The director or his/her designee may meet
with the owners of the property or their representatives to approve the proposed location of the
STEP tank and manner of connection. The application will then be submitted to the city along with
such fee as may from time to time be established, for final consideration. The permit shall not be
Issued until the application has been approved by the director or his/her designee. No sewer
connection shall be made until such STEP sewer connection permit has been issued.
C. No contractor shall commence sewer work within the corporate limits of the city or the sewer
service area as defined by the latest sewer comprehensive plan, engineering report or facility plan,
until proof has been submitted tothe citythat the contractors a licensed contractor as defined in
YMC 1308010.
D. Upon completion of the installation of the STEP system, tank and associated appurtenances, the
owner shalt be resp onsib le for ensuring that the contractor provides to the city an as -built drawing
to the satisfaction of the director. The as -built drawing shall be prepared on a site map showing the
location of the STEP tank, the point of connection with the house or building, the grade of the side
sewer, the location of all piping and electrical wiring and such other information as shall be deemed
pertinent bythe director. Records of all sewer connections, as-builts and inspection reports of
completed work shall be kept on file in the city public works office, along with the STEP sewer
connection permits.
E. Upon approval of an applicationfor a STEP sewer connection permit, and any drawing related
thereto, itis unlawfulto installthe permitted improvements in any manner other than as provided
for in the permit, withoutthe priorwritten approval of the director. Duringthe course of
construction of the improvements, the installation shalt be inspected and approved bythe director
or his/her designee, both beforethe installation is covered and upon final completion. No work
other than that covered bythe permit shall be done without the prior approval of the city. The
installation or repair of any portion of the STEP system between the house drain and the sewer
collection system shall be considered to be an installation pursuanttothis chapter.
F. It is unlawfut for any person to break, alter or tam per with any city sewer collection line, except
that propertyowner or his or her representative orcontractor may connectto an existingwye,
saddle orteewhich exists for that specific purpose, with the prior approval of the director;
provided, thatany such connection shall be inspected and approved bythe approval ofthe director
before the installation is covered.
G. It is unlawfulto disconnect any side sewer, STEP system or other connection to the city's sewer
collection system or remove any portion of a STEP system without securing prior written approval
by the director. The discontinued service shall be turned off or seated in such a manner as may be
acceptable to the director, whether at the cu rbstop or otherwise. All expenses for disconnecting
from the sewer collection system shalt be borne by the property owner.
K The approval of the design and installation of a STEP system or a city sewer collection system by
the city shall not relieve the property owner of the responsibility for obtaining such other permits or
licenses as may be required by the city, county, state or other agency, nor shalt it be deemed to be a
statement by the city that the installation was performed without defect in workmanship, parts or
material. It shall be the responsibility of the sewer contractorto contact other utility service
providers to determine the location of other utility facilities before commencingwork and they shall
have the responsibility for protecting such otherfactlities during the course of construction.
I. The property owner shall, prior to issuance of the STEP system connection permit, provide an
easement to the city forthe purpose of operation and maintenance of the STEP system, in a form as
may from time to time be required by the director. (Ord. 505 § 4, 1994).
13.08.050 Collection lines.
A. The director shalt not allow any substandard or temporary collection tines to be installed or
connected to the city's sewer collection system.
B. Whenever application is made for sewer service to premises with no collection line in the
adjacent street, a collection line must be installed prior to connection. The installation of such tines
shalt conform to the comprehensive sewer plan for the city. A collection line shall be installed by,
and at the expense of, the owners) of the premises to be served thereby, pursuant to plans
approved by the director. In such cases, the city may contract with the owner(s) to provide for
reimbursement of the costs of design and construction of such collection lines In a manner
consistent with Chapter 35.91 RCW. The owner(s) may elect to request that the collection line be
installed by the city upon making payment to the city of the appropriate collection Line extension
charges, as provided by this chapter.
C. Whenever a collection tine is installed within the city's sewer service area as provided in this
chapter, the collection tine extension charge to be paid by the owners) of the premises so served
shalt bed etermined by the city council on the advice of the director, based upon the actual costs
for design, and the cost of the necessary material, labor and equipment required for the
construction in accordance with current standards and the comprehensive sewer plan. The charge
shall be based upon the acreage or front footage of the property to be served or a combination of
acreage and the front footage of properties to be served, or on the basis of equivalent residential
units (ERUs) as defined in YMC 14 08 5. (Ord. 505§ 5, 1994).
13.08.060 Inspections and compliance with standards.
A. The director and his/her assistant and the city council, bearing proper credentials and
Identification, shalt be permitted to enter upon all and any premises at all reasonable times for the
purpose of inspection, observation, measurements, samplings, testing of sewers and sewage
waste and performing all other acts or duties required by the provisions of this code. It is unlawful
for any person to prevent any such entrance or obstruct or interfere with any such officer or
employee so engaged.
B. All work performed pursuant to any permit granted as provided bythis chapter, including the
quality of material and manner of construction, shall be subject to the inspection and approval of
the director.
C. No excavation undertaken for purposes of the installation, connection, repair or replacement of
a collection tank, side sewer or other portion of the STEP system or any collection tine shall be
back-filled or any sewer covered until the work has been inspected and approved by the director or
his/her designee.
D. It shall be the responsibility of the person performing work under the authorization of a permit
issued pursuant to the provisions of this chapter to notify the director when the work will be ready
for inspection and that person shall specify in such notification the location of the premises. The
director or his/her designee shalt make such inspection within 48 hours after receipt of the notice,
excluding Saturday, Sunday and holidays.
E. When such work authorized by a permit pursuant to this chapter is performed by a contractor,
either the contractor or competent representative shall be available to meet the city representative
on the premises when so directed.
F. If the director or respective designee finds that any work or materials used are not in accordance
with any applicable code, ordinance, rule, specification or regulation, the director or designee shalt
notify the person doing the work and also the owner or occupant of the premises by posting a
written notice, and such posted notice shall be all the notice required to be given with regard to
defects in the work or materials found in such inspection.
G. All work within the limits of any public area shall be prosecuted to completion with due
diligence. If any excavation is left open beyond a time reasonably necessary to back -fill the same,
the city may cause the same to be back-filled and the public area restored forthwith at the expense
of the property owner, occupant, or contractor, as the case may be. Any such work shalt be
protected by appropriate warning signs and barricades. The director may, if deemed necessary and
appropriate to insure the completion of work, require the posting of a bond in favor of the city in
such form as may from time to time be approved by the director in such amount as may be equal to
one and one-half times the value of the work to be done.
H. Under any of the circumstances set forth in subsection I of this section, and after written notice
has been provided by the director, or his/her designee, the contractor, owner or person doing the
work, as the case may be, shall properly correct such work by performing the necessary
construction or repair, or by otherwise taking the steps necessary to remedy the circumstances,
within the time specified in the notice. In the event the contractor, owner or responsible person fails
to property correct such work within the specified time, then the city may perform such work as
may be necessary to remedy such circumstances, and the cost of such work so done shall be
charged to the property owner, occupant or contractor, as the case may be, and shall become
immediately payable to the city upon written notice of such being delivered to such owner,
occupant or contractor or charged against the construction bond as provided for herein. Any
licensed sewer contractor, and any contractor performingwork pursuant to a permit issued under
this chapter, who refuses to modify, remove, replace or complete any portion of the work when so
instructed by the director, shall by such refusal, forfeit his or her city license for construction of
sewers or drains in the city.
1. The circumstances under which the provisions of this section shall apply are as follows
1. When any work performed in the construction, installation, repair or modification of a sewer is
not performed in accordance with the provisions of any applicable code, includingthis chapter, or
any plans, specifications or permits approved by the city;
2. When the health officer or responsible city official determines that a collection system, STEP
system or other portion of the sewage disposal system is obstructed, broken or inadequate and is a
menace to the public health or is likely to cause damage to either public or private property;
3. The provisions of YMC 13 08 070 have been violated by noncomptetion;
4, The STEP system serving any property has been shut-off from its service of electrical power as a
result of delinquent payment for such service, or any other reason.
J- Any moneys expended by the city pursuant to theta king of any action by the city under the
provisions of this section shall be subject to alien and enforcement as provided in
YM C 1.3.0.8-0.20(F). (Ord. 505 5 6, 1994).
13.08.070 Unlawful acts.
A. No person shall discharge or cause to be discharged any stormwater, surface water, ground
water, roof runoff, subsurface drainage, coolingwater or unpolluted commercial/industrial process
waterto a connection, STEP system, or any portion of the collection system, and noyard drains, or
any exterior drains of any type shall be connected to the sanitary sewers in any manner.
B. It is unlawfulto drain targe volumes of waste directly into the sewer and thereby cause surcharge
of sewer tines without the prior approval of the director. Swimming pools, public or private, shall not
be directly connected to the sewer. Only upon authorization of the director, swimming pools may be
drained into the sewer system by a pumped discharge. To prevent surcharges or excessive flows in
the sewer tine, the director may require reduced pumping rates, the utilization of smaller discharge
pipe and/or throttled valves, and/or limited times of the daywhen pumpingwitt be allowed.
C. It is untawfu l to tamper with the municipal sewer system, or to break, damage, destroy, deface,
alter or tamper with any structure, appurtenance or equipmentwhich is part of the municipal sewer
system, orwithout authorityfrom the city, to break, damage, destroy or deface any publicwalk,
curb or pavement, orto make openings orexcavations in a public area forthe purpose of
connecting to the city municipal sewer system.
D. It is untawfu l to disconnect or cause to be disconnected the electrical power source from the
STEP tank, whethersuch tank is designed to serve multiple buildings or a single building, white the
buildingor buildings are occupied and subjectto continuing utilization orwhile the plumbing
facilities in any of the connected structures are in use subject to continuing use. This prohibition
shalt not apply to gravity tanks that do not require electrical power for conveyance of the effluent.
Nor shalt it be deemed to apply to the sections of the electrical utility providing powerto the tank,
when such disconnection is necessitated by a failure of the responsible person to pay the electrical
charges, orwhen the utility determines that such disconnections are necessaryfor the public
safety. (Ord. 505 H 7.01 -7-04,1994).
13.08.080 Prohibited uses.
A. No person shall discharge orcause to be discharged any of the following described waters or
wastes to any city sewers:
1. Anygasoline, benzene, naphtha, fuel oil or other flammable or explosive or liquid, solid or gas;
2. Any waters or wastes containingtoxic or poisonous solids, liquids or gases in sufficient quantity,
either singly or by interaction with other wastes, that injure or interfere with any sewage treatment
process, constitute a hazard to humans or animals, create a public nuisance, or create any hazard
in the receivingwaters of -the waters of the sewage treatment plant, including, but not limited to,
cyanide in excess of two ni as CN In the wastes as discharged to the city sewer system;
3. Any waters or wastes having a pH lower than 5.5 or in excess of 9.5 or having any other corrosive
property capable of causing damage or hazard to structures, equipment and personnel of the
sewage works;
4. Solid or viscous substances in quantities or of such size capable of causing obstruction to the
flow in sewers, or other interference with the proper operation of the sewage works such as, but not
Limited to, ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics,
wood, unground garbage, whole blood, paunch manure, hair and fleshings, entrails, paper dishes,
cups or milk containers, either whole or ground by garbage grinders.
B. No person shall discharge or cause to be discharged the following described substances,
materials, waters or wastes if it appears likely, in the opinion of the director, that such wastes can
harm either the sewers, sewage treatment process (lagoons) or equipment, have an adverse effect
on the receiving stream, or can otherwise endanger life, Limb, public property or constitute a
nuisance. In forming his opinion as to the acceptability of these wastes, the director will give
consideration to such factors as the quantities of such wastes in relation to flows and velocities in
the sewers, materials of construction of the sewers, nature of sewage treatment lagoons, degree of
treatability of wastes in the Lagoons, and other pertinent factors. The substances prohibited are:
1. Any liquor or vapor having a temperature higher than 150 degrees Fahrenheit (65 degrees
centigrade);
2. Any water or waste containi ng fats, wax, grease or oils, whether emulsified or not, in excess of
300 mg/1 or containing substances which may solidify or become viscous at temperatures between
32 and 150 degrees Fahrenheit (zero and 65 degrees centigrade);
3. Any garbage that has not been properly shredded to meet such specifications as may from time
to time be established by the director. The installation and operation of any garbage grinder
equipped with a motor of three-fourths horsepower (0.76 hp metric) or greater shall be subject to
the review and approval of the director;
4. Any waters or wastes containing strong acid iron pickli ng wastes or concentrated plating
solutions whether neutralized or not;
5. Any waters or wastes containing heavy metals including, but not limited to, iron, chromium,
copper, zinc and similar objectionable or toxic substances; or wastes exerting excessive chlorine
requirements to such degree that any such material received in the composite sewage at the water
reclamation facility exceeds the limits established by the city for such materials;
6. Any waters or wastes containing phenols or other taste- or odor -producing substances, in such
concentrations exceeding limits which may be established by the director as necessary after
treatment of the composite sewage to meet the requirements of state, federal, or other public
agencies or ju risdiction for such discharge to the receiving waters;
7. Any radioactive wastes or isotopes of such half-life or concentration as may exceed limits which
may be established by the director in compliance with the applicable state or federal regulations;
S. Materials which exert or cause:
a. Concentrations or inert suspended solids (such as, but not limited to, Fuller's earth, time slurries
and time residues) or of dissolved solids (such as, but not limited to, sodium chloride and sodium
sulfate),
b. Excessive discoloration (such as, but not limited to, dye wastes and vegetable tanning solutions),
c. Excessive BOD, chemical oxygen demand or chlorine requirements in such quantities as to
constitute a significant load on the sewage treatment works,
d. Unusual volume of flow or concentration of wastes constituting"slugs" as defined herein;
9. Waters or wastes containing substances which are not amenable to treatment or reduction by
sewage treatment processes employed; or
10. Any discharge that would be a violation of the city's NPDES permit. (Ord. 1026 § 1, 2018; Ord.
505 § 7.05, 1994).
13.08.090 Sewer service charges, system development charge, and inspection fee.
A. All persons connecting to the sewer system of the city shall pay, in advance of connection to the
sewer system, a system development charge and inspection fee in accordance with the schedule
set forth below in this section. in every case, title to the STEP tank, valve boxes, and service
connection lines shall be and remain with the city.
1. Sewer system development charges (SDC) charges are hereby established as follows:
a. Six thousand three hundred ninety-four dollars per equivalent residential unit for development
outside local improvement district No. 1.
b. Three thousand two hundred sixty-nine dollars per equivalent residential unit for development
inside local improvement district No. 1.
2. An inspection fee of $145.00 per equivalent residential unit.
B. Service Rates. Service rates, billings and collection procedures shall be governed by the
applicable provisions of this code, as now existing or hereafter amended or supplanted.
C. Delinquent Charges. All delinquent charges for sewer service, for electrical service paid for by
the City, and for the costs of sewer system connection, together with the penalties and interest
thereon as provided in this chapter, shall be a lien upon the property upon which such connection
is made or sewer or electric@[ service furnished, superior to all other liens or encumbrances except
those for general taxes and special assessments. Enforcement of such lien or liens shall be in the
manner provided bythis chapter and by other laws for the enforcement of the same and for
delinquent sewer service and electrical service charges. (Ord. 981 § 1, 2013; Ord. 979 § 3, 2013;
Ord. 505 If 8, 1994),
13.08.095 Monthly sewer fees.
A charge for sanitary sewage disposal shat[ be levied against all accounts and premises connected
to a sewer line at the rate established by this section or as amended hereafter.
A. Sewer Charge. There is established and charged a monthly sewer fee to be collected by the city
using the following procedures and rates.
B. Definitions.
"Base flow" means the flow associated with an equivalent residential unit.
"Equivalent residential unit (ERU)" means the unit of measurement determined bythat quantity of
flow associated with a single residential household, defined as follows:
1. ERU measurement shall be an equivatentflow of 875 cubic feet, or less, per month, based on
water meter in -flow, or sewer effluent meter when installed by owner with approval of the Yelm
sewer department.
2. With respect to each residential structure, the number of ERUs and associated "base flow" will
be based on Table 1.
Table 1
Type of Unit
No.
FRUs
Base
Flow
Single-family residence
1.00
875 of
Duplex dwelling unit
1.00
875 of
Triplex dwelling unit
0.90
788 of
Fourplex dwelling unit
0.80
700 of
Residential structures > four
units
0.75
657 cf
3. With respect to uses otherthan residential, one ERU shall be designated for each 875 cubic feet
of water consumed per month or sewage discharged as measured at source; provided, that for
volumes in excess of 875 cubic feet per month, the service charge shall be computed at the rate
established on Table 2.
4. With respect to accounts consisting of both residential and nonresidential uses, or combination
thereof, the residential uses shall be charged as in Table 2 of this section and each nonresidential
connection shall be charged an additional ERU plus a charge, as established in subsection C of this
section, for each cubic foot of flow over the base flow.
C. Sewer Rates and Structure. The sewer rate forthe city is established per the rates as identified in
Table 2.
Table 2
Established Sewer Rate per Unit
Years 2018 to 2020
abLe2-2018 Rates
City -Owned
Electrical Meter
Private Electrical Meter
With Meter
No Meter
Type of Unit
One single-family on one tank
$64.56
$63.97
$64.56
Two single-family on one tank
$64.56
$63.38
$64.56
Three single-family on one tank
$64.56
$62.78
$64.56
Duplex units
$64.56
$63.38
$64.56
Triplex units
$58.10
$57.51
$58.10
Fourplex units
$51.65
$51.05
$51.65
Residentialwith more than four
units
$48.41
Nonresidential units
$64.56+0.0717 per cubic footforflow in excess of 875 cubic feet
per month
Table 2-2019 Rates
City -Owned
Electrical Meter
Private Electrical Meter
With Mater
No Meter
Type of Unit
One single-family on one tank
$70.53
$69.89
$70.53
Two single-family on one tank
$70.53
$69.24
$70.53
Three single-family on one tank
$70.53
$68.59
$70.53
Duplex units
$70.53
$6924
$70.53
Triplex units
$63.47
$62.83
$63.47
Table 2-2020 Rates
City -Owned
Private Electrical Meter
Table 2-2019 Rates
Electrical Meter
With Meter
No Meter
Type of Unit
One single-family on one tank
$77.05
Fourplex units
$56.43
$55.78
$56.43
Residential with more than four
$52.89
units
$77.05
Nonresidential units
$70.53+0.0783 per cubic footforflow in excess of 875 cubic feet
Duplex units
per month
Table 2-2020 Rates
City -Owned
Electrical Meter
Private Electrical Meter
With Meter
No Meter
Type of Unit
One single-family on one tank
$77.05
$76.35
$77.05
Two single-family on one tank
$77.05
$75.64
$77.05
Three single-family on one tank
$77.05
$74.93
$77.05
Duplex units
$77.05
$75.64
$77.05
Triplex units
$69.34
$68.64
$69.34
Fourplex units
$61.65
$60.94
$61.65
Residentialwith more than four
units
$57.78
Nonresidential units
$77.05+0.0856 per cubic foot forflow in excess of 875 cubic feet
per month
Unless otherwise abrogated by the city council, beginning January 1, 2021, and each year
thereafter, the sewer utility rates levied in 2020 shall continue with an annual adjustment each year
in January by an inflationary factor tied to the Consumer Price Index, All Urban Consumers (CPI -U),
Seattle -Tacoma -Bellevue index. The inflationary factor shalt be calculated and rates shall be
adjusted by the finance director in September of each year using 12 prior months of Consumer
Price Index data.
D. Payment of Sewer Bills. The rates, fees and/or charges shall be due and payable at the office of
the city clerk/treasurer for the city, on the fifteenth day of the month following use of Yelm's sewer
system. Any payments not paid as specified herein shall be considered delinquent.
E. Apptication for Service. Sewer customers shall be required to complete an application for utility
service and provide photo identification with the city clerk/treasurer's office to start service for
sewer at the address listed on their application. (Ord. 1024 §4, 2018; Ord. 1034§ 1, 2017; Ord. 978
§§ 1, 2, 2013; Ord. 933 § 2, 2011; Ord. 927 § 2, 2010; Ord. 915 § 1, 2009; Ord. 810 § 1, 2004; Ord. 719
§ 1,2000; Ord. 683§ 1, 1999; Ord. 567§ 1, 1995; Ord. 547§ 1, 1995; Ord. 527 §§ 1 -3, 1995; Ord.
506 §§ 1 - 5, 1994).
13.08.100 Operational authority.
A. In addition to the authority granted to the director to make rules and regulations, the city council
may make rules and regulations implementingthe provisions of this chapter and may amend the
same from timeto time, but not in a manner inconsistent with the provisions of this code. In the
event of an inconsistency between a rule or regulation established bythe director and one
established by the city council pursuant to the provisions of this section, the rule or regulation
established by the city council shalt be deemed to control.
B. The director shall be authorized to issue such rules or regulations as he or she may from time to
time determine appropriate in relation to matters of methodology, standards, techniques and
materials to be utilized in relation tothe connection, repair and replacement of systems upon
individual properties. The authority granted bythis section shall be deemed supplementatto any
authority granted to the director pursuant to any other of the provisions of this chapter.
C. The director is authorized to establish by rule or regulation, such construction standards, rules
and regulations as may be necessary to govern the installation, improvement, repair, replacement
or operation of the sanitary sewer system of the city. The standards may include, but are not limited
to, specification of materials and installation requirements, limitations upon materials to be
permitted to enter the sewer system from a building served by the system, collection system and
treatment plant capacity and such other matters as may be deemed necessary by the director.
D. Any proposed rule or regulation to be issued by the director shalt be submitted to the council
priorto its implementation. The council shall have 21 days fottowingthe date of its initial
submission to the council at a regular meeting to approve, disapprove or modify any proposed rule
or regulation. In the event the council does in fact so act, such action shalt be deemed to be
effective immediately upon approval or modification by the council. In the event of no action by the
city council, unless the time period established by this section is extended by affirmative action of
the council, the proposed rule or regulation shall become effective upon the twenty-second day
following date of submission. (Ord. 644 § 1, 1998; Ord. 505 § 9, 1994).
13.08.105 Adjustment of sewer bill.
A. The city administrator, or her designee, is empowered to resolve billing disputes upon receipt of
request to do so from a city sewer utility customer. Upon receipt of such notice from the customer,
the city administrator, or her designee, shall review the bill with the customer to see if the amount is
justly owed. Thee ustomershall have the right to have a meeting to bring forth reasons and
evidence why such bill should not be due and owing.
B. When any customer in any given billing period has used, according to the customer's water
meter or metered sewer effluent, a quantity of water or effWent which is more than double the
average amount of water used or effluent discharged on such premises in similar billing periods in
prioryears, and the water consumption or effluent is solely caused by a broken water pipe on the
user's premises, the customer may make an application to the treasurer in writing for a reduction of
the billing.
1. If the application states a broken pipe on a customer's premises caused a large consumption or
large discharge of effluent, the existence of a broken pipe shalt be verified by inspection by public
works employees. If it is established by presenting acceptable documentation demonstratingto the
city that such broken pipe has been repaired, a reduction of the sewer utility bill to an amount that
is the average of the prior four months plus one-half of the difference between the average and
existing disputed bill shalt be made.
2. The reduction provided for in this section shall not be allowed if such excess effluent discharge is
due to the customer's neglect or failure to repair the broken pipe. A reduction in billing shall not be
permitted if such excess discharge is due simply to leaky faucets or other plumbing fixtures
releasing wastewater through the system.
3. This section only applies to those customers otherthan flat -rate sewer customers.
4. In newly developed property which does not have a prior service record, the appropriate sewer
utility charge will be based upon the charges for a similar type of sewer service and occupancy for
the preceding year.
5. The application by the customer shall be on the forms provided by the city. (Ord. 921 M 1, 2,
2010).
13.08.107 System development charge and inspection fee waiver and deferral.
A. The system development charge and inspection fee imposed byYMC 13-0,090 ,090 shalt be deferred
for low-income families where:
1. The total maximum household income of the residents of the dwelling unit shalt not exceed 50
percent of the most recent Thurston County median household annual income, as determined by
the United States Housing and Urban Development Department.
2. The dwelling type is a detached, single-family residential unit.
3. The dwelling is occupied by the owner of the property.
4. The property owner submits a restrictive covenant in a form approved by the city attorney to be
recorded with the Thurston County auditor guaranteeing fulfillment of the criteria set forth in this
section.
5. The property owner submits a restrictive covenant in a form approved by the city attorney to be
recorded with the Thurston County auditor requiringthe deferred system development charge and
meter charge be repaid to the city in the event the property is sold within 10 years of the date of the
deferral. If the property is not sold within the 10 -year deferral period, the deferral shall convert to a
waiver.
B. To qualify for the waiver and deferral of system development charges and inspection fee set forth
in this chapter, every eligible subscriber (or if married, then either spouse) shall file with the city
clerk his or her statement, under oath, on such form as may be prescribed by the city clerk, that he,
she or they meet the eligibility requirements set forth in this section and that such applicant or
applicants promise to forthwith notify the city of any circumstances or change in conditions which
would make the applicant or applicants ineligible to receive the reduction.
C. Amortization of system development charge may be authorized by the city administrator if a
business with high water usage of more than three equivalent residential units can show that the
connection charges are a barrier to economic development. Upon authorization of amortization of
system development charges, the business owner and property owner must enter into a repayment
agreement with the city. The agreement must:
1. Have a term of no more than 24 months with equal monthly payments.
2. Require the property owner to grant and record a lien against the property in favor of the city in
the full amount of the amortized system development charges.
3. Include interest at a rate established by the finance director.
4. Include an administrative fee to cover the cost of administration of the contract, as established
by the finance director. (Ord. 1026 § 2, 2018; Ord. 979 8 3, 2013).
18.08.1.08 Annexation requirements.
A. Fremisee- tTin�p w?thin mayelyrhan crpw,Pn area L)�(yJ��ilatLannex to tha crtv as g�nfidiil0Il.C1
sewer colnection.-9.tternately, the City may, elect to deter annexation and require execution of an
agreement described in subsection B of this section,
B. Premises not.annexedas a condition of sewer_serv'ice may receive such service only upon entering
into an. appropriate agreement with the City containing _itwaiver of protest to annexation and/ora
special irrevocable. ppwer of attorney authorizing annexation ateueh time as the Cirydetermi nes. the
preml,sas is to be annexed to the City..
1. - Application tees as established by She City Council must be paid upon the submittal. of a
signed agreement requesting sewer service for premises outside the City,
2, .The -cost_ f-tthe bower extension must. ba_b9Lnesn whole by the. applicant for such services
su bleat to any provisions in effect at the time of connection for _latecomer reimbursement,
3,.. -The agreement may. not be executed.prior to the time. formal epulicationis_made for approval
of the project for which utilities are requested The term of said agreement shaft-terminateat
the blotie_any�prplect. application or approval expires or is revoked for any reason, Anew
agreement. is paguired-frzr any extension. of project. applications or approvals. or when in. the
apt nLpn of the..P_pbl'lt,Services, a sa.pstaraialchanga o[ addition is made to. theprotect
FiaUtAving-execution, such agreem€atmustbe.recorded by the C tkin thesJlato o%tit.Le for such
premises in ti•_ie mpBids_Of_the Thurston County -Auditor.
13.08.110 Violations -Penalties.
A. Civil Penalties.
1. Any person who shalt violate any provision of this code or the city's NPDES permit, or cause such
NPDES permit to be violated, shalt be liable to the city for any expense, loss, damage, cost of
inspection or cost of correction incurred by the city by reason of such violation including any cost to
the city incurred in coltectingfrom such person such loss, damage, expense, cost of inspection or
cost of correction, including necessary reasonable attorney's fees and court costs.
2. Any person who shall make an unauthorized connection to the city's municipal sewer system
shalt be charged a minimum fine of $250.00, or such other fines and penalties as may be adopted
from time to time by city ordinance, for each unauthorized connection.
3. Any person found to be violating any provision of this chapter shalt be served by the city with
written notice stating the nature of the violation and providing a reasonable time limit for the
satisfactory correction thereof. The offender shall, within the period of time stated in such notice,
permanently cease all violations and make all necessary corrections.
4. Any person who shalt continue any violation beyond the time limit provided in such notice shalt
be disconnected from use of the city's municipal sewer system until such violation has been
corrected and certified by the director or his/her designee. Such discontinuance of sewer service
will be reported to the Thurston County health department and a reconnection fee of $250.00 will
be assessed against the property.
B. Criminal Penalties. Any person violating a provision of this chapter shall, in addition to any other
penaltywhich may be imposed pursuant to the chapter, be subject to, upon conviction of such
violation, a penalty as provided in this code. The first citation within any 12 -month period issued a
person alleging any particularviolation shalt be deemed to be an infraction. The person, upon a
findingthat the violation was committed, shalt be subject to the allowable penalties, up to $250.00.
Any second or subsequent violation within any 12 -month period issued to a person for a particular
violation shall constitute a criminal violation and be deemed to be a misdemeanor. (Ord. 505 5 10,
1994).
rsT. ] 924
WASHINGTON
Meeting Date: 0811012024
CITY COUNCIL AGENDA ITEM SUMMARY
City of Yelm, Washington
AGENDA ITEM: ORDINANCE NO. 1120 — SPECIAL IRREVOCABLE POWER OF ATTORNEY
AND WAIVER OF ANNEXATION FOR SEWER
PROPOSED MOTION:
Motion to approve Ordinance No. 1120 to SPECIAL IRREVOCABLE POWER OF ATTORNEY AND
WAIVER OF ANNEXATION FOR SEWER
KEY FACTS AND INFORMATION SUMMARY:
The Yelm Municipal Code currently lacks a specific application process for providing sewer
services to properties in Yelm's Urban Growth Area (UGA). Consequently, to facilitate the
establishment of new sewer connections for properties located outside the corporate limits of the City
but within the UGA, it is necessary to introduce new language into Chapter 13.08 of the ordinance. This
amendment will address and accommodate the requirements for extending sewer services to these
areas.
ATTACHMENTS:
ORDINANCE NO. 1120
SPECIAL IRREVOCABLE POWER OF ATTORNEY AND WAIVER OF ANNEXATION
YMC Chapter 13.08 Track Changes
Respectfully Submitted:
Reza R. Roukerd
Civil Review Engineer
I I P a g a