City of Spokane

Spokane Municipal Code

***Note: Many local criminal codes can now be located under Chapter 10.60 SMC while others are now cited under the Revised Code of Washington (RCW), which was incorporated into the municipal code in 2022. (See SMC 10.58.010). Code Enforcement, including Noise Control and Animal Regulations are located in Chapters 10.62 through 10.74.

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Title 17D
Chapter 17D.060
Sections 17D.060.020...
 

Title 17D City-wide Standards

Chapter 17D.060 Stormwater Facilities

Section 17D.060.020 Nuisance Declared – Remedy – No Duty

  1. The city council declares that failure of an owner or occupant to install a required onsite stormwater facility, or maintain the same at a level of full function and efficiency tends to augment the discharge of stormwater, surface or groundwater flows onto the public right-of-way and other public or private property, as well as into public storm and sanitary sewers. Such discharge contributes to flooding, erosion, water quality impairment and other problems as set forth in the findings in this chapter. Such failure comprises a public nuisance.
     
  2. The city council declares that obstruction of or interference with the full and efficient functioning of any onsite stormwater facility on public or private property, whether by failure, neglect or affirmative or intentional action, comprises a public nuisance.
     
  3. Such public nuisances may be abated by the City as an expense of providing sewer utility service to the premises concerned, in addition to any other remedy available in contract or law.
     
  4. Notwithstanding any other provision of this chapter, no special duty to any particular person or class of persons shall ever be deemed created by this chapter or actions taken pursuant thereto on the part of the City. Any such direct or indirect duty nonetheless determined to arise shall be only to the general public.

Date Passed: Monday, February 21, 2005

Effective Date: Wednesday, March 30, 2005

ORD C33582 Section 5

Section 17D.060.020 Nuisance Declared – Remedy – No Duty

  1. The city council declares that failure of an owner or occupant to install a required onsite stormwater facility, or maintain the same at a level of full function and efficiency tends to augment the discharge of stormwater, surface or groundwater flows onto the public right-of-way and other public or private property, as well as into public storm and sanitary sewers. Such discharge contributes to flooding, erosion, water quality impairment and other problems as set forth in the findings in this chapter. Such failure comprises a public nuisance.
     
  2. The city council declares that obstruction of or interference with the full and efficient functioning of any onsite stormwater facility on public or private property, whether by failure, neglect or affirmative or intentional action, comprises a public nuisance.
     
  3. Such public nuisances may be abated by the City as an expense of providing sewer utility service to the premises concerned, in addition to any other remedy available in contract or law.
     
  4. Notwithstanding any other provision of this chapter, no special duty to any particular person or class of persons shall ever be deemed created by this chapter or actions taken pursuant thereto on the part of the City. Any such direct or indirect duty nonetheless determined to arise shall be only to the general public.

Date Passed: Monday, February 21, 2005

Effective Date: Wednesday, March 30, 2005

ORD C33582 Section 5