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A. New Buildings. Newly constructed buildings having human occupancy, as defined in the International Building Code, shall be connected to the POTW.

B. Existing Buildings. The owner of an existing building having human occupancy, as defined the International Building Code, that is situated within two hundred feet (200') of the POTW, is required at the owner’s expense to connect such building directly to the POTW within six (6) months after the date of official notice to do so. Provided that, the connection shall not be required if the cost of making the connection, including system development charges, exceeds ten thousand dollars ($10,000). The owner shall submit a detailed cost estimate to the Municipal Services Director for review. The determination of the cost of making the connection shall be made by the Municipal Services Director. Furthermore, if the owner is not required to make a connection because of cost, at such time as the septic system fails, either the tank or the drain field, the connection to the City’s sewer system shall be required and made.

1. In accordance with RCW 35A.21.390, the owner of a single-family residence can appeal the requirement to connect to the POTW to the City Council within ten (10) days after notice of the Municipal Services Director’s decision is mailed via certified mail to the owner. The appeal shall be in writing and shall be signed by the owner by declaration under penalty of perjury as to the truth of the matters stated in the appeal, pursuant to RCW 9A.72.085. The written appeal notice shall contain or be accompanied by the following information:

a. Specific basis on which the owner contests the Municipal Services Director’s decision.

b. All documentation or other evidence supporting the owner’s appeal, including any expert testimony.

c. The current address of the owner.

d. A brief statement of the relief sought and the reasons why the Municipal Services Director’s decision should be reversed, modified or otherwise set aside.

2. The appeal hearing before the City Council shall be scheduled for the next available City Council meeting, and notice of the appeal hearing date shall be mailed via certified mail to the owner at the address listed in the notice of appeal. Failure of the owner to appear and prosecute the appeal shall constitute a waiver of the right to appeal granted under this section. The decision of the City Council shall be final. (Ord. 2810, 5/10/16; Ord. 2642, 2/14/12)