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HomeMy WebLinkAbout11 1124 14itI�t An Ordinance amending Jeffersor County Clean Water .District Jefferson County Code Ch.&65 Ordinance # 11- 1124 -14 WHEREAS, Chapter 8.65 of the Jefferson County Code, entitled "Clean Water District," a District created pursuant to Ch. 90.72 RCW, was revised in April 2014 through the adoption of Jefferson County Ordinance #03- 0428 -14, said Ordinance serving, in part, to establish a new basic fee of $20 per parcel for most parcels; and WHEREAS, Ordinance 403- 0428 -14 served to memorialize that certain categories of parcels are exempt from any Clean Water District fee pursuant to state law but failed to include other categories of parcels that are either statutorily or optionally exempt from any Clean Water District fee; and WHEREAS, this Ordinance serves to further explain which categories of parcels are exempt from payment of the Clean Water District fee, NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF JEFFERSON COUNTY ColdmISSIONERS as follows: Section l : Revised text for JCC Section 8.65.090 Section 8.65.090 of the Jefferson County Code (or "JCC") is hereby repealed and replaced so that it shall read in its entirety as follows: There is hereby established for the Clean Water District a financing mechanism, specifically a fee of Twenty Dollars ($20.00) per year per APN for all real property, except for property classified as a Timeshare by the Jefferson County Assessor and except for parcels or lands described in JCC 8.65. 100 as exempt from any obligation to pay the fee. For property classified as a Timeshare by the Jefferson County Assessor a fee of Five Dollars ($5.00) per year per Assessor's Parcel Number (APN) is hereby established. These fees shall be adjusted annually accordingly on the first business day of January (Adjusted Date) by the amount of the percentage increase in the Consumer Price Index (CPIW) over the most recent twelve (12) month period as reported in the CPIW report from the September prior to the annual Adjustment Date. A fee shall not be reduced by reason of such calculation. However, fee increases in accordance with this calculation shall not exceed five (5) percent per year. The CPIW is the COIISnmer Price Index - US City Average for All Urban Wage Earners and Clerical Workers, published by the Bureau of Labor Statistics of the United States Department of Labor. Section 2: Revised text for 3CC Section 8.65.100 Section 8-65- 100 of the Jefferson County Code (or "JCC ") is hereby repealed and replaced so that it shall read in its entirety as follows: parcels (as defined in Chapter 84.36 RCW) shall not be subject to said fee. Exempt and the Port Ludlow parcels within the boundaries of the City of Port Townsend Master Planned Resort connected to a sanitary sewer service shall not be subject to said fee. Facilities permitted and assessed fees for wastewater discharge under the nat onal pollutant discharge elimination system shall not be subject to said fee. Lands classified as forest land under Chapter 84.33 RCW and timber land under Chapter 84.34 RCW shall not be subject to said fee. Parcels determined by the county assessor to qualify for a senior citizen or disabled persons property tax exemption under RCW 84.36.381 on January 1,` of the tax year shall not be subject to said fee. If a portion of a real property parcel does not satisfy any exemption criteria specified in this section, then the parcel shall be subject to said fee Section 3' Severability If any provision of this Ordinance, or its application to any person or circumstances, is ruled, held or deemed invalid by a court of competent jurisdiction, then the remainder of this u Ordinance, or the application of the remaining provisions to other persons or circmstances shall not be affected_ Section 4: Effective Date This amendment to JCC 8.65 shall take effect immediately upon its adoption. ADOPTED this / � day of _ Al' '2014 ATTEST: � Jo (i arolyn very. \ Deputy Clerk of Boar Phil App oved as to Lformil I Davi David Alvarez, Chief Civil DPA County Commissioners Consent Agenda JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST TO: Board of County Commissioners Philip Morley, County Administrator FROM: Jared Keefer, Environmental Health & Water Quality Director DATE: NovemberX2014 SUBJECT: Clean Water District Ordinance Amendment STATEMENT OF ISSUE: Jefferson County Public Health is requesting an amendment to the Clean Water District Ordinance. ANALYSIS: Jefferson County Public Health (JCPH) has found a number of water quality impairments that have the ability to adversely affect public health and shellfish. Jefferson County Clean Water District Advisory Council (CWDAC) has found that JCPH has used Clean Water District (CWD) funds to pursue a number of cost - effective projects that have restored and protected shellfish growing areas and clean water throughout Jefferson County. In April 2014, the Jefferson County Board of County Commissioners (BoCC) adopted an amendment to the Clean Water District Ordinance to expand the area where the fee is applied to include all parcels within the CWD boundaries. This amendment utilized the same exemptions that existed in the original ordinance with the addition of exempting parcels not served by sanitary sewer. Jefferson County Public Health is now requesting an amendment to the Clean Water District Ordinance to address the public's request for further clarification on parcels that are exempt from the CWD fee. Additionally, JCPH is requesting an amendment to the Clean Water District Ordinance to establish a $5.00 fee for timeshare properties. RECOMMENDATION: JCPH management's requests approval of an amendment to the Clean Water District Ordinance. BoCC is asked to conduct a public hearing on November 24th, 2014 at 10:00 A.M. JCPH management also requests approval of the amendment subsequent to the public hearing. REVIEWED-BY: �l Philiorley, Cou ty Administrator-) Date