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HomeMy WebLinkAbout1999-017 LOW & MODERATE-INCOME RESIDENTIAL PROPERTY OWNERS OPTION. ORDINANCE No. 99- 17 AN ORDINANCE relating to wastewater connection charges; to provide low- - and moderate- income residential property owners the option of paying applicable wastewater connection charges of $1,000 or more through periodic payments; amending section 7.58.020 of the Yakima Municipal Code; adding a • new section to Chapter 7.58 of the Yakima Municipal Code; and providing, for related matters. • WHEREAS, Title 35 RCW grants to the City of Yakima (the "City ") full authority to manage, regulate, operate, control, and fix the price of service for the City's wastewater system, and to charge property owners seeking to connect to the wastewater system; and WHEREAS, the City has enacted YMC Chapter 7.58 to impose a connection charge on the owner of any facility to be connected to the wastewater system; and WHEREAS, RCW 35.92.020 authorizes the City to provide assistance to aid low- income persons in the payment of wastewater connection fees; and WHEREAS, the State Growth Management Act directs local governments to make provisions . for the housing needs of all economic segments of the community (RCW 36.70A.070(2)), and the Yakima Urban Area Comprehensive Plan adopts a goal of encouraging diverse and affordable housing choices (Goal H1);and WHEREAS, the City Council determines that the City may enhance the availability of affordable housing by providing low- and moderate - income residential property owners an alternative to paying the full connection charge in advance as a condition of connecting to the wastewater system; and WHEREAS, the City Council determines that an effective alternative is to allow for payment of the connection charge through periodic installment payments, and that providing such an alternative will further the public health and welfare by fostering connections to the City's wastewater system; and WHEREAS, the City Council' determines that the City's interests will be protected by charging a reasonable interest rate and administrative fee, allowing the alternative only for • connection charges of $1,000 or more, and securing payment through means provided by statute;. and WHEREAS, the City Council determines that it is in the best interests of the citizens of the City that ordinances related to its systems of sewerage, Page 1 of 5 Wastearater connection charges, quarterly payment plan wastewater rates, fees, charges, and related matters be amended as set forth in this Ordinance; now, therefore, . BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: Section 1. YMC 7.58.020 is amended to read as follows: Unless the context specifically indicates otherwise, the meaning of terms in this chapter shall be as follows: 1. "Collection pipes" mean those wastewater system pipes - less than twelve inches in diameter used to collect waste -water from adjacent properties' building sewers. 2. "Collection pipe system" means a series of collection pipes extending from . a common connection point to a trunk/ interceptor. 3. "Lot" shall have the same meaning as in Chapter 15.02. 4. "Lot area" shall have the . same meaning as in Chapter 15.02. 5. "Low- or moderate - income 'facility owner" means a person who owns a single- family residential facility and whose annual income is at or below eighty percent (80 %) of the median income of the Yakima Metro o olitan Statistical Area. Where more than one person has an ownership interest in a residential facility, the term refers to those persons whose combined annual income is at or below eighty percent (80 %) of the median income of the Yakima Metropolitan Statistical Area. The median income of the Yakima Metropolitan Statistical Area shall be determined by reference to data published by the United States Department of Housing and Urban Development. 65. "Parcel" shall have the same meaning as "lot." 76. "Parcel area" shall : have the same meaning as "lot area." 8-7. "Sewer" shall have the same meaning as in Chapter 7.65. 9&. "SDU," "single dwelling unit," "SFD" or "single - family dwelling" shall all have the same meaning as "dwelling, single - family" or "single - family dwelling" in Chapter 15.02. 109. "Trunks /interceptors" mean those wastewater system pipes twelve inches or greater in diameter, and related conduits, used to receive wastewater from collection pipes and transport it to the wastewater treatment plant. Page 2 of 5 Wastewater connection charges, quarterly payment plan 1140. "Wastewater"; shall have the same meaning . as in Chapter 7.65. For purposes of this chapter, "wastewater" does not include "food processing wastewater" defined in Chapter 7.12. 1244. "Wastewater system" shall have the same meaning as "POTW" or "publicly owned treatment works" in Chapter 7.65 and includes all sewers, pipes, and waste -water treatment plants. For purposes of this chapter, "wastewater system" does not include "food processing wastewater system" defined in . Chapter 7.12. 1342. "Wastewater !;`treatment plant" shall ha ve the same meaning as, in Chapter; 7.65. For purposes of this chapter, "wastewater treatment plant" does not include "food processing wastewater treatment plant" defined in Chapter 7.12. Ik 1444. "Water meter i; size" shall be determined by reference to the criteria in the Uniform Plumbing Code or Uniform Building Code as the city may adopt from time to time, provided that any facility not served by the water division shall determine "water meter size" by the criteria established in AWWA Manual M 22 Sizing Water Service Lines and Meters. 1544. "Zone 1" means the area within the city limits of the city of Yakima at the time the connection charge established by this chapter is paid. 164-5. "Zone 2" means the area within the urban area established by the 1976 Agreement for Wastewater Treatment and Disposal Service, as amended, excluding Zone 1. 174e. "Zone 3" means the area outside Zone 1 and Zone 2 but within the Yakima urban growth area boundary, established by the 1997 Yakima urban area comprehensive plan, as that boundary may be revised from time to time. Section 2. A new section (YMC 7.58.085) is added to YMC Chapter 7.58, to read as follows: 7.58.085 Alternative, Periodic Payment Method. A. At any time prior to ';connection of a facility to the wastewater system, the owner of that facility may apply to the Engineering Division for periodic payment of the applicable connection charge, provided that: (1) the facility owner is a low- or moderate - income facility owner; , (2) the facility is the facility owner's primary and legal residence; (3), a certificate of occupancy has been issued for the facility and that certificate remains valid; (4) the facility is connected to a private septic system or some system of sewerage other than the wastewater system; and (5) the connection charge Page 3 of 5 Wastewater connection charges, quarterly payment plan I applicable to the facility is equal to or greater than $1,000.00. This periodic payment method shall be an alternative to payment of the full connection charge prior to connection pursuant to YMC 7.58.080(A). B. To apply for the periodic pa yment method provided by this section, the facility owner must execute a Request Form to be provided by the Engineering Division. The Request Form shall be in the form of a contract between the facility owner and the City, and the general form of the Request Form shall be approved by the City Attorney and City Manager. C. At the time of delivery to the facility owner, the Request Form shall state the amount of the applicable connection charge and the number and amount of quarterly payments. The Engineering Division shall determine the amount of the connection :charge by reference to Sections 7.58.040 through 7.58.090. The Engineering Division shall also calculate a substantially equal, quarterly payment amount sufficient to pay . the entire principal amount of the connection charge, together with interest thereon at an annual interest rate of eight (8) percent, within three (3) years of the date of connection if the _ applicable connection charge is less than or equal to $5,000.00, or within five (5) years of the date of connection if the - applicable connection charge is more than $5,000.00. The first quarterly - payment shall be due three (3) months after the date of connection. D. The facility owner shall provide the remaining information required by the Request Form and execute the Request Form. E. The City shall not accept or execute the Request Form unless: (1) the facility owner qualifies as a low- or moderate- income facility owner;. (2) the form is first executed by the facility owner; (3) the applicable connection charge has not changed from that stated on the Request Form; and (4) the facility owner has paid a $100.00 administrative fee for processing the Request Form and administering the installment payment program. F. Once the City has executed the Request Form, the connection charge and periodic payments applicable to the subject property shall not be changed from that amount stated in the Request Form for a period of 90 days from the date of final execution by the City. In the event that the facility owner fails to complete the connection within 90 days from the date of final execution by . the City, the facility owner must request, complete, • Page4of5 Wastewater connection charges, quarterly payment plan • and submit a new Request Form, which shall be subject to the requirements of this section. G. Nothing in this section shall be construed to limit the City's authority to collect any delinquent connection charge payment or payments, including the City's authority to impose a lien or shut off water service as provided in Chapter 35.67 RCW. For purposes of a lien imposed pursuant to Chapter 35.67 RCW, . any. delinquency of four quarterly payments shall constitute a delinquency of one year's a charges subject to a sewerage lien and that lien shall be . effective;' without the necessity of any writing or recording of the lien. Section 3. Effective Date. This ordinance shall be in full force and effect 30 days after its passage, approval, and publication as provided by law and by the City Charter. PASSED BY THE CITY COUNCIL, signed and approved this day of 4 . i RA L^ , 1999. (ohn Puccinelli, Mayor ATTEST: ti City Clerk ' �h Publication Date: r � Effective Date: • • Page 5 of 5 Wastewater connection charges, quarterly payment plan II BUSINESS OF THE CITY COUNCIL YAIUMA, WASHINGTON AGENDA STATEMENT Item No.: 1 1 For Meeting of: April 20, 1999 ITEM TITLE: Ordinance Establishing Installment Payments for Wastewater Utility Conne tions SUBMITTED BY iam Cook, Director of Community and Economic Development CONTACT PERSON /TELEPHONE: William Cook , 575 -6113 SUMMARY EXPLANATION: At a Council Study Session on April 6, 1999, Council directed staff to prepare an ordinance to implement the "Safety Net" option for the Wastewater Utility Connection Installment Payment Plan. This ordinance would allow low /moderate income homeowners to connect their existing single family residence to the City -s wastewater system with payments over a 3 or 5 year period, depending on the total cost of their connection. Installment payment of the applicable charge would be at 8% per annum. This Ordinance to assist current (within. the City) or future (Zone 2 and Zone 3) City residents with existing residential service needs who, because of their income, may have difficulty paying the City's connection fees all at one time. Resolution Ordinance X Contract Other Specify Funding Source: APPROVAL. FOR SUBMITTAL: City Manager STAFF RECOMMENDATION: Approve Ordinance BOARD /COMMISSION RECOMMENDATION: COUNCIL ACTION: