979 Waiver Connection Fee Low IncomeCITY OF YELM
ORDINANCE NO. 979
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF YELM,
WASHINGTON TO PROVIDE FOR A WAIVER OF WATER AND
SEWER CONNECTION FEES FOR CERTAIN LOW INCOME
RESIDENTS.
WHEREAS, Section 35.92.380 Revised Code of Washington authorizes the waiver or
deferral of collection of tap -in charges, connection fees, or hookup fees for low income
persons to connect to water and /or sewer lines used by the city to provide utility service;
and
WHEREAS, The Washington State Health Code at Section 246 -272A -0025 Washington
Administrative Code requires connection to a public sewer service when an on -site
sewage system fails and the public sewer is within 200 feet of the property; and
WHEREAS, The City requires connection to both water and sewer services when both
are available and within 200 feet of a property; and
WHEREAS, A septic system failure and subsequent requirement to connect to the
City's sewer and water systems could place a significant financial burden on
households with limited incomes; and
WHEREAS, the City Council finds that it is important to afford the ability for a low -
income household to connect to the water and /or sewer system in the event of a septic
system failure;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF YELM, WASHINGTON
DO ORDAIN AS FOLLOWS:
Section 1. A new section is established in Chapter 13.04 - Water System, of the Yelm
Municipal Code, at Section 13.04.315 as follows:
13.04.315 System Development Charge and Meter Charge Waiver and Deferral —
Established.
The system development charge and meter charge imposed by Section 13.04.120 YMC
shall be deferred for low income families where:
A. The total maximum household income of the residents of the dwelling unit shall
not exceed 50% of the most recent Thurston County median household annual
income, as determined by the United States Housing and Urban Development
Department.
B. The dwelling type is a detached, single - family residential unit.
City of Yelm Ordinance No. 979 Page 1 of 4
C. The dwelling is occupied by the owner of the property.
D. The property owner submits a deed restriction 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.
E. The property owner submits a deed restriction in a form approved by the city
attorney to be recorded with the Thurston County Auditor requiring the 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.
Section 2. Section 13.04.320 YMC is hereby amended as follows:
13.04.320 Rate Reductions and System Development and Meter Charges
Waiver and Deferrals — Application pf=e--d - weProcedure.
To qualify for the reduction in water - service charges or waiver and deferral of system
development charges and meter charges set forth in this chapter, every eligible
subscriber (or if married, then either spouse) shall file with the city clerk /treasurer his or
her statement, under oath, on such form as may be prescribed by the city
clerk /treasurer, that he, she or they meet the eligibility requirements set forth in YMC
13.04.310 or YMC 13.04.315 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.
Section 3. The Sewer System Chapter of the Yelm Municipal Code at Section
13.08.090 YMC is amended hereby as follows:
13.08.090 Sewer service charges System Development Charge, and Inspection Fee..
A. Heek Up Fee RequiFe .. . .. th- W 11.8 —FeeteF 6801118S that the PFOPOFty Own_
applie'ations, the applffieRnt shall pay to the eity sweh k up fees as
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:
City of Yelm Ordinance No. 979 Page 2 of 4
a $6,394.00 per equivalent residential unit for development outside
local improvement district #1.
b $3.178.58 per equivalent residential unit for development inside
local improvement district #1.
2 An inspection fee of $145 per equivalent residential unit.
GB. 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.
QC. 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
electrical 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 by this chapter and by other laws for the
enforcement of the same and for delinquent sewer service and electrical service
charges.
Section 3. A new section is established in the Sewer System Chapter of the Yelm
Municipal Code at Section 13.08.107, as follows:
13.08.107 System Development Charge and Inspection Fee Waiver and Deferral.
A. The system development charge and inspection fee imposed by Section
13.08.090 YMC shall be deferred for low income families where:
1. The total maximum household income of the residents of the dwelling unit
shall not exceed 50% 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.
City of Yelm Ordinance No. 979 Page 3 of 4
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 requiring
the 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/treasurer his or her statement,
under oath, on such form as may be prescribed by the city clerk /treasurer, 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.
Section 4. If any section, sentence, clause or phrase of this ordinance should be held to
be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or
unconstitutionality shall not affect the validity or constitutionality of any other section,
sentence, clause or phrase of this ordinance.
Section 5. This ordinance shall take effect five days following publication.
ADOPTED and signed in authentication on this 8th day of October, 2013.
, Mayor 1,t.
Authenticated:
die -Rs maig, City Clerk -�
Effective: October 23, 2013
Published: Nisqually Valley News, October 18, 2013
City of Yelm Ordinance No. 979 Page 4 of 4