The City of Everett has enacted a Stormwater Ordinance in order to establish minimum stormwater management requirements and controls to protect and safeguard the general health, safety, and welfare of the public residing in watersheds within this jurisdiction. The City of Everett is the permitting authority for all land disturbing activities and requires the land owner to maintain all on-site stormwater control facilities and all open space areas (e.g. parks or “green” areas) required by the approved stormwater control plan. The City of Everett will only provide construction permits to projects that establish a plan to manage stormwater runoff occurring during the construction process. The City of Everett, under the NPDES program, also has the authority to inspect properties for noncompliance and can issue a notice of violation (NOV) for any deficiency or infraction onsite. Property owners are responsible for the maintenance of any stormwater facilities or practices located on the property. The City of Everett has the authority to inspect stormwater facilities and practices in order to ascertain that they are properly maintained and functioning.
14.28.030 New development and redevelopment—Applicability.
A. All new development shall be required to comply with Minimum Requirement No. 2.
B. The following new development shall comply with Minimum Requirement Nos. 1 through 5 for the new and replaced hard surfaces and the land disturbed:
C. The following new development shall comply with Minimum Requirement Nos. 1 through 9 for the new and replaced hard surfaces and converted vegetation areas:
14.28.060 City assumption of responsibility for on-site stormwater facilities
In the event that public benefits would accrue due to modification of the stormwater site plan for a subject property to better implement the city’s surface water goals, the city may assume responsibility for the further design, construction, operation and maintenance of the stormwater facilities, or any increment of the responsibility of the facilities on the subject property. Such decision shall be made concurrently with review and approval of the stormwater site plan as specified in this chapter. In the event that the city decides to assume responsibility for all or any portion of the design, construction, operation and maintenance of the site-specific stormwater facilities, the developer will be required to contribute a pro rata share to the construction cost of the facilities. The developer may be required to supply additional information at the request of the director to aid in the determination by the city. Guidelines for implementing this section will be defined in the city of Everett stormwater management manual or by the director. (Ord. 3880-22 § 4 (Exh. A), 2022.)
14.28.150 Inspection and Enforcement.
A. Administration.
1. The director shall administer and enforce this chapter and shall have the authority to adopt and implement procedures, policies, and regulations to administer and enforce this chapter. This chapter may be enforced pursuant to the provisions in this chapter as well as pursuant to the enforcement procedures established in Chapter 1.20 EMC.
2. The director may approve, conditionally approve, or deny an application for any activities regulated by this chapter.
B. Violation and Penalty.
1. Any person or persons violating this chapter, or rule or regulation adopted hereunder, or by any act of commission or omission procures, aids, or abets such violation, shall be subject to either civil penalties as provided in Chapter 1.20 EMC or guilty of a misdemeanor and, upon conviction, shall be punished by a fine not to exceed one thousand dollars and/or imprisonment for a term not to exceed ninety days. Each day such violation continues shall be considered an additional misdemeanor offense.
C. Inspection.
1. Whenever necessary to make an inspection to enforce any of the provisions of this chapter, monitor for proper function of stormwater facilities, stormwater drainage systems, source control BMPs, respond to spills and illicit discharges or whenever the director has reasonable cause to believe that violations of this chapter are present or operating on a subject property or portion thereof, the director or designee may enter such premises at all reasonable times to inspect the same or perform any duty imposed upon the director by this chapter; provided, that if such premises or portion thereof is occupied, the director or designee shall make a reasonable effort to contact the owner or other person having charge or control of the premises or portion thereof.
2. Property owners are required to permit reasonable ingress and egress by the director or designee to any stormwater facilities, source control BMPs, or to perform any duty imposed upon the director by this chapter.
D. Enforcement.
1. Enforcement Orders. The director shall have the authority to issue an enforcement order to an owner or responsible party to maintain or repair a component of a stormwater facility or stormwater drainage system, implement structural or operational source control BMPs, or address illicit discharges, spills or connections in accordance with the provisions of this chapter. The order shall include:
a. A description of the property, including the address and tax assessor number;
b. A description of the specific nature, extent, date, and time of the violation and the damage or potential damage that reasonably might occur;
c. A notice to cease and desist the violation or the potential violation and, in appropriate cases, the specific corrective actions to be taken; and
d. A reasonable time to comply, depending on the circumstances, not to exceed six months.
2. Stop Work Orders. Whenever any private or public construction work is being done contrary to the provisions of this chapter or any regulation adopted hereunder, the director is authorized to order the work stopped pursuant to Chapter 1.20 EMC and EMC 13.72.010.
3. Inspection Fee. The director may impose a maintenance inspection fee for any stormwater facilities or source control BMPs found not to be in compliance with this chapter. This inspection fee shall be independent of any current or future penalties that may be incurred by the property owner for noncompliance with this chapter. Reinspection fees shall be applied if reinspection occurs beyond the normal routine of inspection and verification of maintenance or correction of non-stormwater discharges to the stormwater drainage system, surface water bodies, or ground water. The inspection fee and reinspection fee for maintenance shall be set forth in the city’s adopted fee schedule, which may be amended by city council from time to time.
4. City Abatement. If the enforcement order is not adhered to, the city may provide such actions as needed to repair, restore or maintain the stormwater facilities, stormwater drainage systems source control BMPs, or to collect, remove, and contain an illicit discharge or illicit connection. Additionally, if at any time the city determines that the stormwater drainage system or any element of a stormwater drainage system creates any imminent threat to public health or welfare, the city may take immediate measures to remedy the threat. Under such circumstances no notice to the owner of the stormwater drainage system shall be required.
5. Owner Responsible for Costs, Fees, and Charges. The owner of the stormwater facilities, stormwater drainage system(s) or source control BMPs shall assume all responsibility for the cost of any maintenance and for repairs to such facilities, system(s) or BMPs. The person responsible for the illicit discharge or illicit connection shall assume all responsibility for the cost of any cleanup or repairs. Such responsibility shall include reimbursement to the city within thirty days of the receipt of the invoice for any work the city performs pursuant to subsection (D)(4) of this section. Overdue payments will require payment of interest at the current legal rate for liquidated judgments. If legal action ensues, any costs or fees incurred by the city will be borne by the parties responsible for said reimbursements.
6. Lien Authorized. In the event the property owner fails to pay the city within thirty days from the date that the costs were incurred, the city shall have the right to file a lien against the real property for all charges and expenses incurred. Such lien shall specify the expenses incurred, provide a legal description of the property and will be filed with the county auditor within ninety days from the date of the completion of the work or such later date as may be determined by the director or designee. Payment may at any time thereafter be sought by foreclosure procedures of liens under the laws of the state of Washington.
7. Revocation of Land Use and Development Permits. Notwithstanding any other provision of this chapter, whenever the director finds that a violation of this chapter or rules or regulations adopted hereunder has created or is creating an unsanitary, dangerous, or other condition which, in the director’s judgment, constitutes an immediate hazard, the director may suspend or revoke any permit for which the approval of a stormwater site plan is required on the project or development where the violation exists and suspend or terminate operations under the permit immediately.
8. Business License Revocation. In addition to any other penalty imposed, the director may request that the city clerk revoke a person’s business license for any of the following reasons: (a) noncompliance with this chapter; (b) not allowing for inspection of their stormwater facility; or (c) nonpayment of any fines or inspection fees incurred by the owner of the utility account.
9. Recording. An enforcement order that has not been complied with may be recorded by the city with the Snohomish County auditor’s office. When all violations specified in the enforcement order have been corrected or abated, the director shall record a release of the order, if the underlying order was recorded. The release shall include a legal description of the property where the violation occurred and shall state, if applicable, that any unpaid civil penalties for which liens have been recorded are still outstanding and continue as liens on the property.
E. Liability.
1. The director and any other employee charged with the enforcement of this chapter, acting for the city in good faith and without malice in the discharge of his/her duties, shall not be liable personally for any damages which may accrue to persons or property as a result of any act required or by reason of any act or omission in the discharge of such duties.
2. It is the intent of these regulations to provide for and promote the health, safety and welfare of the general public, and not to create or otherwise establish or designate any particular class or group of persons who will or should be especially protected or benefited by the terms of these regulations.
3. It is the specific intent of these regulations to place the obligation of complying with its requirements upon the property owner and applicant and no provision or term used in these regulations is intended to impose any duty whatsoever upon the city or any of its officers, employees, or agents for whom the implementation or enforcement of these regulations shall be discretionary and not mandatory.
4. Nothing contained in these regulations is intended to be nor shall be construed to create or form the basis for any liability on the part of the city, its officers, employees or agents, for any injury or damage resulting from the failure to comply with these regulations, or by reason or in consequence of any inspection, notice, order, certificate, permission or approval authorized or issued or done in connection with the implementation or enforcement of these regulations, or by reason of any action or inaction on the part of the city related in any manner to the enforcement of these regulations by its officers, employees or agents. (Ord. 3880-22 § 4 (Exh. A), 2022.)