HomeMy WebLinkAboutord1998-029WHATICOM COUNTY COUNCIL AGENDA BILL
N0.98 -153
CLEARANCES
Should Clerk schedule a hearing? NO / _/ YES Requested date:
Date
Date Received in Council Office:
Agenda date
Assigned to:
'riginator: Public Engineering
43/341
APR t9�8
WHATCOM COUNTY
COUNCIL
4/07/98
Introduetiost____
Division Head:
/21/98
Hearing
Dept. Head:
Prosecutor:
DG
350
Purchasing/Budget:
Executive:
I t r
1
SUBJECT- Ordinance for the collection of 1998 service charges within Flood Control Zone District Sub -Zones
ATTACHMENTS: 1. Ordinance
2. Cover Memorandum
SUMMARY STATEMENT.- Please complete sections of box as avoronriate & exvlain the item below.
Related County contract #:
Should Clerk schedule a hearing? NO / _/ YES Requested date:
Amount budgeted for this item/project:
Is it (or will it be) within budget? YES / / NO /_/ (Please explain below)
Budget line item number(s):
JMMARY: This ordinance establishes a due date for payment of service charges, authorizing the collection of interes
and penalties on delinquent payments of assessments on parcels in subzones, and establishing procedures for recordatior
and foreclosure of liens resulting from delinquencies.
ORIGINATOR'S RECOMMENDED ACTION. Council approval
COMMITTEE ACTION TAKEN:
COUNCIL AC77ON TAKEN.
1998-153 4/7/98: Introduced
4/21/98: Amended & Adopted 7 - 0. Ord. #98 -029
Related ,Hk Numbers: Ordinance or Resolution Number (this item only):
SPONSORED BY: Public Works, Engineering
PROPOSED BY: Edwin R. Henken
INTRODUCTION DATE: 4/7/98
1 ORDINANCE NO. 98 -029
2 SETTING DUE DATE FOR PAYMENT OF SERVICE CHARGES,
3 AUTHORIZING COLLECTION OF INTEREST AND PENALTIES ON
4 DELINQUENT PAYMENTS OF ASSESSMENTS ON PARCELS IN SUBZONES,
5 AND ESTABLISHING PROCEDURES FOR RECORDATION AND FORECLOSURE
6 OF LIENS RESULTING FROM DELINQUENCIES
7 WHEREAS, RCW 86.15.160 (4) authorizes a charge, under RCW
8 36.89.080 for the furnishing of service to those who are
9 receiving or will receive benefits from storm water control
10 facilities and who are contributing to an increase in surface
11 water runoff; and,
12 WHEREAS, in accordance with RCW 86.15.025 parts of the
13 Whatcom County Flood Control Zone District have been divided into
14 separately designated sub - zones, to -wit: the Lynden /Everson
15 sub -zone, the Sumas /Nooksack /Everson sub -zone and the Acme /Van
16 Zandt sub -zone; and,
7 WHEREAS, Whatcom County has established by Ordinance-97-054
18 that a service.charge of $25.00 on each real estate parcel with
19 an assessed valuation of more than $2,500 be levied within each
20 sub- zone; and,
21 WHEREAS, when the service charge was adopted, no due date
22 for the payment of the service charge was set, and no specific
23 provision was included for the imposition and collection of
24 interest and penalties on delinquent payment of service charges;
25 and,
26 WHEREAS, proper administration and enforcement of the
27 payment of the service charges requires that a due date for
28 payment be set, and that interest and penalties on delinquent
29 payments of service charges be established by ordinance; and,
30 WHEREAS, statutory authority for imposition of interest on
31 delinquent service charges is found in RCW 86.15.178 and RCW
32 35.67.200; and,
33 WHEREAS, statutory authority for imposition of penalties on
34 delinquent service charges is found in RCW 86.15.160 (4), RCW
35 36.8.9.080, RCW 36.89.090, and RCW 36.94.150; and,
36 WHEREAS, statutory provisions for the filing of liens for
37 delinquent service charges are found in:RCW 86.15.160 (4), RCW
38 36.89.080, RCW 36.89.090, and RCW 36.89.093; and,
I WHEREAS, statutory provisions for the foreclosure of liens
2 resulting from delinquent service charges are found in RCW
3 86.15.160 (4), RCW 36.89.080, RCW 36.89.090, and RCW 36.94.150;
4 NOW, THEREFORE, BE IT ORDAINED THAT the due date for payment
5 of the subzone service charges imposed pursuant to Ordinance No.
6 97 -054 is August 31, 1998, and that for delinquencies on service
7 charges authorized on real property parcels within the
8 Lynden /Everson subzone, the Sumas /Nooksack /Everson subzone, and
9 the Acme /Van Zandt subzone, interest shall be imposed and shall
10 accrue at the rate of twelve (12) per cent per annum computed on
11 a monthly basis, from the date payment is due until satisfaction
12 is made; penalties shall be imposed at the rate of ten (10) per
13 cent of the principal amount due at the time satisfaction is
14 made; and the liens shall attach and foreclosure procedures shall
15 be followed as set forth in RCW 36.94.150.
16
17 ADOPTED this 21 day of April , 1998.
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20 E
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22 Dana Brown - Davis,
23 Council Clerk
24 APPROVED AS TO FORM:
25 X. 14vv�./
26 Civil Deputy Prosecutor
27
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WHATCOM COUN'T'Y COUNCIL,
WHATCOM COUNTY,.WASHINGTON
5ert Imhof,' ounci Chair
( ) Approved ( ) Denied
Pe e ZKremyfen, Exe9cutive
Date �^ � �/
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