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POL Government Elected Officials Auditor Griffin-Valade Charter, Code & Policies City Code & Charter Online Code & Charter Title 17 Public Improveme Chapter 17.37 Downspout Disconnection
Chapter 17.37 Downspout Disconnection

- Note

(Replaced by Ordinance No. 182467, effective February 6, 2009.)


17.37.010 Purpose.

(Amended by Ordinance No. 185397, effective July 6, 2012.)  The purpose of downspout disconnection is to remove stormwater from the combined sewer system to reduce the cost of large conveyance, storage, and treatment facilities needed to capture and treat stormwater or combined sewage.   


17.37.015 Rule Making.

(Repealed by Ordinance No. 185397, effective July 6, 2012.)


17.37.020 Definitions.

(Replaced by Ordinance No. 185397; Amended by Ordinance No. 186403, effective February 1, 2014.)  For the purpose of this Chapter, the following definitions shall apply:

 

A.  “Combined Sewer” means a sewer designed to convey both sanitary sewage and stormwater.

 

B.  “Director" means the Director of the Bureau of Environmental Services or the Director’s designee.

 

C.  “Disconnection” means physically plugging or capping the direct stormwater connection to a sewer and redirecting the stormwater either onto the surface of the property or under ground. This may require alterations to gutters, downspouts and landscaping.

 

1.  For properties that have a branch constructed to the edge of the property line from a public separated storm system, disconnection from the combined sewer may be accomplished by direct stormwater connection through a lateral to the public storm system. New storm connections to the City sewer or storm system are subject to the Stormwater Management Manual requirements for new connections to public systems.

 

2.  For properties where surface or underground disposal of roof water is not feasible, disconnection may include a curb cut which discharges roof water to a curbed street. New storm connections to the city sewer or storm system are subject to the Stormwater Management Manual requirements for new connections to public systems.

 

3.  New stormwater facilities are required to meet the requirements of the Stormwater Management Manual.

 

D.  “Downspout” means the conductor that conveys storm water from the gutter on the exterior of a building or other structure to another place of disposal.

 

E.  “Program area” means the boundaries of the Downspout Disconnection Program area as shown on the map in administrative rules.

 

F.  “Workers Authorized By the Director” means, but is not limited to, City employees and contractors hired by the City.


17.37.030 Establishment of Downspout Disconnection Program.

(Replaced by Ordinance No. 185397, effective July 6, 2012.)

 

A.  Eligibility. Properties located within the boundaries of the disconnection area as shown on the map within the program administrative rules. A property is eligible for participation if the property:

 

1.  Meets the "residential use" criteria in PCC Chapter 33.920; or

 

2.  Meets the "commercial use" criteria in PCC Chapter 33.920, and has site conditions that would allow for safe and effective disconnection as identified in Section 17.32.040.

 

B.  Deadlines. The Downspout Disconnection Program shall pursue the objective of managing stormwater directly connected to the combined sewer on eligible properties in the program area and removing necessary amounts of stormwater from the combined sewer no later than the deadlines in the Downspout Disconnection Program Administrative Rules. Deadlines may be met sooner based upon the schedule for the projects in specific sewer basins.

 

C.  Procedures. Disconnection procedures and policies are described in the Downspout Disconnection Program Administrative Rules. All downspouts that are disconnected from the combined sewer through this program must conform to the disconnection methods or systems approved by the Director. Technical assistance will be provided to property owners, upon request, to determine the most appropriate method of stormwater management.

 

D.  Access to Eligible Property. For the purpose of administering this code chapter, the Director or other workers authorized by the Director may, with consent from the property owner or occupant and upon production of proper identification, enter upon the land or premises of eligible property. The purpose of such entry is to survey a downspout to determine whether it is connected, to provide technical assistance regarding proper disconnection, to disconnect downspouts, to correct or otherwise fix disconnected downspouts, to reconnect downspouts that do not meet program standards, or to inspect downspouts which have been disconnected.

 

E.  Ownership of private stormwater systems. The property owner shall own the new private stormwater management system and be responsible for ensuring that the new private system is properly maintained and operated.

 

F.  Reconnection of disconnected downspouts at participating properties.

 

1.  Property owners in mandatory program areas are prohibited from reconnecting to the combined sewer unless the City determines that the disconnection poses a threat to health, safety or property and approves the reconnection. Homeowners must contact the Downspout Disconnection Program if they believe reconnection is necessary.

 

2.  Property owners in the voluntary area must contact the Downspout Disconnection Program if they plan to reconnect their downspout(s).


17.37.040 Disconnection Procedures.

(Repealed by Ordinance No. 185397, effective July 6, 2012.)


17.37.050 Disconnection Reimbursement.

(Repealed by Ordinance No. 185397, effective July 6, 2012.)


17.37.080 Program Enforcement

Any property whose downspouts have not been granted an exception and remain connected to the combined sewer system in violation of Subsection 17.37.030 B.3. is hereby declared a nuisance and subject to abatement or correction.  Whenever the Director believes such a nuisance exists, a notice shall be posted on the property directing that the nuisance be abated or corrected.  The City retains the right to take any or all of the following enforcement actions if the property owner or their agent fails to abate this nuisance:

 

A.    Summary abatement.  If the property owner or their agent continues to ignore or refuses to abate the declared nuisance, the City reserves the right to obtain an order from the City Code hearings officer to summarily abate the nuisance on subject property.  The City shall attempt to bill the property owner for the costs of disconnection from the combined sewer. 

 

B.    Civil Remedy.  The City shall have the right to obtain, in any court of competent jurisdiction, a judgment against the person or property failing to disconnect from the combined sewer in accordance with the provisions of Section 17.37.030.  In any such action, the measure of damages shall be the costs for abatement by the City, administrative costs, permit fees, overhead costs, penalties, and other charges as determined by the Director. 

 

C.    Court Action.  In addition to any other remedy provided in this Chapter, the City Attorney, acting in the name of the City, may maintain an action or proceeding in any court of competent jurisdiction to compel compliance with or restrain by injunction the violation of any provision of this Chapter. 

 

D.    Withholding of BES Services.  Except as provided elsewhere in this Title or when the public welfare is endangered; the Bureau of Environmental Services may at its discretion withhold from the owner(s) (or the owner’s agent) of disconnection delinquent property as defined in Section 17.37.030, any service that is provided by the Bureau.  This may include, but is not limited to:

 

1.    Refusal of acceptance of application for permits relating to development on any property of the said owner(s).

 

  This withholding may continue until the disconnection delinquency no longer exists

 

E.    Appeal.  Property owners or their agents may request an administrative review as described in the Downspout Disconnection Administrative Rules to contest the city’s declaration of a nuisance or to request an extension in the abatement time frame.  If the appellant is unsatisfied with the BES staff response they may appeal the request to the City Code Hearings Officer as specified in Title 22 and in the Downspout Disconnection Program Administrative Rules. 

 

1.    In the event that the City needs to enforce the terms of the Code Hearings Officer’s order referred to in Section 17.37.080, an administration fee of $300 for each occurrence and associated costs for each occurrence for enforcing the terms of the order shall be billed to the property owner of the property in accordance with the provisions of Chapter 22.06.  If the administrative fee remains unpaid after 90 days, the administrative fee shall be made a lien on the property in accordance with the provisions of Chapter 22.06.


17.37.110 Interference with Disconnection Activities Unlawful.

It shall be unlawful for any person to attempt to obstruct, impede, or interfere with any officer, employee, contractor, agent, or authorized representative of the City whenever such officer, employee, contractor, agent, or authorized representative of the City is engaged in the work of disconnecting downspouts from the combined sewer under the authority of an order of the Code Hearings Officer issued pursuant to Subsection 17.37.080 C. above.


17.37.120 Liability.

Neither the City nor any of its officers, employees, contractors, agents, or authorized representatives shall be liable for any damage to or loss of the real property of any improvements, emblements, or personal property thereon due to the enforcement or administration of this Chapter.


17.37.130 Civil Remedies.

A.    In addition to the remedies provided by any other provision of this Chapter, the City shall have the right to obtain, in any court of competent jurisdiction, a judgment against the person or property failing to disconnect from the combined sewer in accordance with the provisions of Section 17.37.030.  In any such action, the measure of damages shall be the costs for abatement by the City, administrative costs, permit fees, overhead costs, penalties, and other charges as determined by the Director. 

 

B.    In addition to any other remedy provided in this Chapter, the City Attorney, acting in the name of the City, may maintain an action or proceeding in any court of competent jurisdiction to compel compliance with or restrain by injunction the violation of any provision of this Chapter. 


17.37.140 Notice Sufficiency.

For the purposes of any noticing procedure as set forth by this Chapter, notice shall be deemed to have been received upon mailing of that notice.  An error in the name of the owner or agent of the owner or the use of a name other than that of the true owner or agent for the property shall not render the notice void.


17.37.150 Bureau Actions.

All City Bureaus shall, to the fullest extent consistent with their authority, carry out their programs in such a manner as to further the provisions of this Title, and shall cooperate to the fullest extent in enforcing the provisions of this Chapter.


17.37.160 Severability.

If any provisions of this Chapter, or its application to any person or circumstances, is held to be invalid, the remainder of this Chapter, or the application of the provision to other persons or circumstances, shall not be affected.


Figure 7 ( Section 17.37.020)

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Title 17 Public Improveme
Chapter 17.04 Definitions
Chapter 17.06 Administration of Public Works Permitting
Chapter 17.08 Local Improvement Procedure
Chapter 17.12 Assessments
Chapter 17.13 Parks and Recreation System Development Charge
Chapter 17.14 Financing Systems Development Charges
Chapter 17.15 Transportation System Development Charge
Chapter 17.16 General Provisions
Chapter 17.18 General Obligation Improvement Warrants
Chapter 17.19 Northwest Transportation Fund
Chapter 17.20 (Repealed)
Chapter 17.23 Special Traffic Control District
Chapter 17.24 Permits
Chapter 17.25 Sidewalk Cafes
Chapter 17.26 Sidewalk Vendors
Chapter 17.27 Structural Driveways
Chapter 17.28 Sidewalks, Curbs and Driveways
Chapter 17.30 (Repealed)
Chapter 17.32 Public Sewer and Drainage System Permits, Connections and Maintenance
Chapter 17.33 Required Public Sewer Connection
Chapter 17.34 Sanitary Discharges
Chapter 17.35 Septage Discharge
Chapter 17.36 Sewer User Charges
Chapter 17.37 Downspout Disconnection
Chapter 17.38 Drainage and Water Quality
Chapter 17.39 Storm System Discharges
Chapter 17.40 Protection of Public Right-of-Way
Chapter 17.41 Landslide Abatement
Chapter 17.42 Property Owner Responsibility for Streets
Chapter 17.44 Street Obstructions
Chapter 17.45 Advertising on Bus Benches
Chapter 17.46 Newsracks
Chapter 17.48 Moving Buildings
Chapter 17.52 Trees
Chapter 17.56 Public Utilitites
Chapter 17.60 Underground Wiring Districts
Chapter 17.64 Protection of City Owned Telecommunications Line and Equipment, Street Lighing and Traffic Signal Systems
Chapter 17.68 Street Lights
Chapter 17.72 (Repealed)
Chapter 17.76 Fuel Tanks
Chapter 17.80 Plats and Dedications
Chapter 17.82 Land Divisions
Chapter 17.84 Street Vacations
Chapter 17.88 Street Access
Chapter 17.92 Street Designation
Chapter 17.93 Renaming City Streets
Chapter 17.96 Surveys, Elevations and Monuments
Chapter 17.100 Remedies and Penalties
Chapter 17.102 Solid Waste & Recycling Collection
Chapter 17.103 Single-Use Plastic Checkout Bags