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Chapter 86.15 RCW

FLOOD CONTROL ZONE DISTRICTS

RCW Sections

86.15.001Actions subject to review by boundary review board.
86.15.010Definitions.
86.15.020Zones -- Creation.
86.15.023Zones not to include area in other zones.
86.15.025Districts incorporating watersheds authorized -- Subzones authorized -- Creation, procedure -- Administration -- Powers.
86.15.030Districts incorporating watersheds authorized -- Formation, hearing and notice.
86.15.035Cooperative watershed management.
86.15.050Zones -- Supervisors -- Election of supervisors.
86.15.055Elected supervisors -- Compensation.
86.15.060Administration.
86.15.070Advisory committees.
86.15.080General powers.
86.15.090Extraterritorial powers.
86.15.095Zones constitute quasi municipal corporation -- Constitutional and statutory powers.
86.15.100Flood control or storm water control improvements -- Authorization.
86.15.110Flood control or storm water control improvements -- Initiation -- Comprehensive plan.
86.15.120Flood control or storm water control improvements -- Hearing, notice.
86.15.130Zone treasurer -- Funds.
86.15.140Budget.
86.15.150County aid.
86.15.160Excess levies, assessments, regular levies, and charges -- Local improvement districts.
86.15.162Delinquent assessment -- Sale of parcel -- Accrual of interest.
86.15.165Voluntary assessments for flood control or storm water control improvements -- Procedure -- Disposition of proceeds -- Use.
86.15.170General obligation bonds.
86.15.175Community revitalization financing -- Public improvements.
86.15.176Service charges authorized -- Disposition of revenue.
86.15.178Revenue bonds -- Lien for delinquent service charges.
86.15.180Protection of public property.
86.15.190Abatement of nuisances.
86.15.200Flood control zones -- Consolidation, abolishment.
86.15.210Transfer of property.
86.15.220Planning of improvements.
86.15.230Public necessity of chapter.
86.15.900Severability -- Construction -- 1961 c 153.
86.15.910Construction of chapter.
86.15.920Titles not part of the chapter.

Notes:

Dissolution of inactive special purpose districts: Chapter 36.96 RCW.

Local governmental organizations, actions affecting boundaries, etc., review by boundary review board: Chapter 36.93 RCW.



86.15.001
Actions subject to review by boundary review board.

The creation of a flood control zone district may be subject to potential review by a boundary review board under chapter 36.93 RCW. Extensions of service outside of the boundaries of a flood control zone district may be subject to potential review by a boundary review board under chapter 36.93 RCW.

[1989 c 84 § 65.]




86.15.010
Definitions.

The definitions set forth in this section apply through this chapter.

     (1) "Board" means the county legislative authority.

     (2) "Flood control improvement" means any works, projects, or other facilities necessary for the control of flood waters within the county or any zone or zones.

     (3) "Flood waters" and "storm waters" means any storm waste or surplus waters, including surface water, wherever located within the county or a zone or zones where such waters endanger public highways, streams and water courses, harbors, life, or property.

     (4) "Participating zones" means two or more zones found to benefit from a single flood control improvement or storm water control improvement.

     (5) "Storm water control improvement" means any works, projects, or other facilities necessary to control and treat storm water within the county or any zone or zones.

     (6) "Supervisors" means the board of supervisors, or governing body, of a zone.

     (7) "Zones" means flood control zone districts which are quasi municipal corporations of the state of Washington created by this chapter.

[1983 c 315 § 11; 1961 c 153 § 1.]

Notes:

     Severability -- 1983 c 315: See note following RCW 90.03.500.




86.15.020
Zones — Creation.

The board may initiate, by affirmative vote of a majority of the board, the creation of a zone or additional zones within the county, and without reference to an existing zone or zones, for the purpose of undertaking, operating, or maintaining flood control projects or storm water control projects or groups of projects that are of special benefit to specified areas of the county. Formation of a zone may also be initiated by a petition signed by twenty-five percent of the electors within a proposed zone based on the vote cast in the last county general election. If the formation of the zone is initiated by petition, the board shall incorporate the terms of the petition in a resolution within forty days after receiving the petition from the county auditor. Thereafter, the procedures for establishing a zone shall be the same whether initiated by motion of the board or by a petition of electors.

     Petitions shall be in a form prescribed and approved by the county auditor and shall include the necessary legal descriptions and other information necessary for establishment of a zone by resolution. When the sponsors of a petition have acquired the necessary signatures, they shall present the petition to the county auditor who shall thereafter certify the sufficiency of the petition within forty-five days. If the petition is found to meet the requirements specified in this chapter, the auditor shall transmit the petition to the board for their action; if the petition fails to meet the requirements of this chapter, it shall be returned to the sponsors.

[1983 c 315 § 12; 1961 c 153 § 2.]

Notes:

     Severability -- 1983 c 315: See note following RCW 90.03.500.




86.15.023
Zones not to include area in other zones.

A board may not establish a zone including an area located in another zone unless this area is removed from the other zone, or the other zone is dissolved, as part of the action creating the new zone.

[1991 c 322 § 9.]

Notes:

     Findings -- Intent -- Purpose -- 1991 c 322: See notes following RCW 86.12.200.




86.15.025
Districts incorporating watersheds authorized — Subzones authorized — Creation, procedure — Administration — Powers.

(1) The board is authorized to establish a countywide flood control zone district incorporating the boundaries of any and all watersheds located within the county which are not specifically organized into flood control zone districts established pursuant to chapter 86.15 RCW. Upon establishment of a countywide flood control zone district as authorized by this section, the board is authorized and may divide any or all of the zone so created into separately designated subzones and such subzones shall then be operated and be legally established in the same manner as any flood control zone district established pursuant to chapter 86.15 RCW.

     (2) Countywide flood control zone districts shall be established pursuant to the requirements of RCW 86.15.020, 86.15.030 and *86.15.040 as now law of [or] hereafter amended. Subzones established from countywide flood control zone districts shall be established by resolution of the board and the provisions of RCW 86.15.020, 86.15.030 and shall not apply to the establishment of such subzone as authorized by this section.

     (3) Such subzones shall be operated and administered in the same manner as any other flood control zone district in accordance with the provisions of chapter 86.15 RCW.

     (4) Such subzones shall have authority to exercise any and all powers conferred by the provisions of RCW 86.15.080 as now law or hereafter amended.

     (5) The board shall exercise the same power, authority, and responsibility over such subzones as it exercises over flood control zone districts in accordance with the provisions of chapter 86.15 RCW as now law or hereafter amended, and without limiting the generality of this subsection, the board may exercise over such subzones, the powers granted to it by RCW 86.15.160, 86.15.170, 86.15.176 and 86.15.178 as now law or hereafter amended.

[1969 ex.s. c 195 § 1.]

Notes:

     *Reviser's note: RCW 86.15.040 was repealed by 1991 c 322 § 13.




86.15.030
Districts incorporating watersheds authorized — Formation, hearing and notice.

Upon receipt of a petition asking that a zone be created, or upon motion of the board, the board shall adopt a resolution which shall describe the boundaries of such proposed zone; describe in general terms the flood control needs or requirements within the zone; set a date for public hearing upon the creation of such zone, which shall be not more than thirty days after the adoption of such resolution. Notice of such hearing and publication shall be had in the manner provided in RCW 36.32.120(7).

     At the hearing scheduled upon the resolution, the board shall permit all interested parties to be heard. Thereafter, the board may reject the resolution or it may modify the boundaries of such zone and make such other corrections or additions to the resolutions as they deem necessary to the accomplishment of the purpose of this chapter: PROVIDED, That if the boundaries of such zone are enlarged, the board shall hold an additional hearing following publication and notice of such new boundaries: PROVIDED FURTHER, That the boundaries of any zone shall generally follow the boundaries of the watershed area affected: PROVIDED FURTHER, That the immediately preceding proviso shall in no way limit or be construed to prohibit the formation of a countywide flood control zone district authorized to be created by RCW 86.15.025.

     Within ten days after final hearing on a resolution, the board shall issue its order.

[1969 ex.s. c 195 § 2; 1961 c 153 § 3.]




86.15.035
Cooperative watershed management.

In addition to the authority provided in this chapter, flood control zone districts may participate in and expend revenue on cooperative watershed management arrangements and actions, including without limitation those under chapter 39.34 RCW, under chapter 39.106 RCW, and under other intergovernmental agreements authorized by law, for purposes of water supply, water quality, and water resource and habitat protection and management.

[2011 c 258 § 16; 2003 c 327 § 19.]

Notes:

     Short title -- Purpose -- Intent -- 2011 c 258: See RCW 39.106.010.

     Finding -- Intent -- 2003 c 327: See note following RCW 39.34.190.




86.15.050
Zones — Supervisors — Election of supervisors.

(1) The board of county commissioners of each county shall be ex officio, by virtue of their office, supervisors of the zones created in each county. In any zone with more than two thousand residents, an election of supervisors other than the board of county commissioners may be held as provided in this section.

     (2) When proposed by citizen petition or by resolution of the board of county commissioners, a ballot proposition authorizing election of the supervisors of a zone shall be submitted by ordinance to the voters residing in the zone at any general election, or at any special election which may be called for that purpose.

     (3) The ballot proposition shall be submitted (a) if the board of county supervisors enacts an ordinance submitting the proposition after adopting a resolution proposing the election of supervisors of a zone; or (b) if a petition proposing the election of supervisors of a zone is submitted to the county auditor of the county in which the zone is located that is signed by registered voters within the zone, numbering at least fifteen percent of the votes cast in the last county general election by registered voters within the zone.

     (4) Upon receipt of a citizen petition under subsection (3)(b) of this section, the county auditor shall determine whether the petition is signed by a sufficient number of registered voters, using the registration records and returns of the preceding general election, and, no later than forty-five days after receipt of the petition, shall attach to the petition the auditor's certificate stating whether or not sufficient signatures have been obtained. If the signatures are found by the auditor to be insufficient, the petition shall be returned to the person filing it.

     (5) The ballot proposition authorizing election of supervisors of zones shall appear on the ballot of the next general election or at the next special election date specified under *RCW
29.13.020 occurring sixty or more days after the last resolution proposing election of supervisors or the date the county auditor certifies that the petition proposing such election contains sufficient valid signatures.

     (6) The petition proposing the election of zone supervisors, or the ordinance submitting the question to the voters, shall describe the proposed election process. The ballot proposition shall include the following:


     "For the direct election of flood control zone district supervisors."

     "Against the direct election of flood control zone district supervisors."


     (7) The ordinance or petition submitting the ballot proposition shall designate the proposed composition of the supervisors of zones, which shall be clearly described in the ballot proposition. The ballot proposition shall state that the zone supervisors shall thereafter be selected by election, and, at the same election at which the proposition is submitted to the voters as to whether to elect zone supervisors, three zone supervisors shall be elected. The election of zone supervisors is null and void if the voters, by a simple majority, do not approve the direct election of the zone supervisors. Candidates shall run for specific supervisor positions. No primary may be held to nominate candidates. The person receiving the greatest number of votes for each position shall be elected as a supervisor. The staggering of the terms of office shall occur as follows: (a) The person who is elected receiving the greatest number of votes shall be elected to a six-year term of office if the election is held in an odd-numbered year or a five-year term of office if the election is held in an even-numbered year; (b) the person who is elected receiving the second greatest number of votes shall be elected to a four-year term of office if the election is held in an odd-numbered year or a three-year term of office if the election is held in an even-numbered year; and (c) the other person who is elected shall be elected to a two-year term of office if the election is held in an odd-numbered year or a one-year term of office if the election is held in an even-numbered year. The initial supervisors shall take office immediately when they are elected and qualified, and for purposes of computing their terms of office the terms shall be assumed to commence on the first day of January in the year after they are elected. Thereafter, all supervisors shall be elected to six-year terms of office. All supervisors shall serve until their respective successors are elected and qualified and assume office in accordance with **RCW 29.04.170. Vacancies may occur and shall be filled as provided in chapter 42.12 RCW.

     (8) The costs and expenses directly related to the election of zone supervisors shall be borne by the zone.

[2003 c 304 § 1; 1961 c 153 § 5.]

Notes:

     Reviser's note: *(1) RCW 29.13.020 was recodified as RCW 29A.04.330 pursuant to 2003 c 111 § 2401, effective July 1, 2004.

     **(2) RCW 29.04.170 was recodified as RCW 29A.20.040 pursuant to 2003 c 111 § 2401, effective July 1, 2004. RCW 29A.20.040 was subsequently recodified as RCW 29A.60.280 pursuant to 2013 c 11 § 93.




86.15.055
Elected supervisors — Compensation.

In a zone with supervisors elected pursuant to RCW 86.15.050, the supervisors may each receive up to seventy dollars for attendance at official meetings of the supervisors and for each day or major part thereof for all necessary services actually performed in connection with their duties as a supervisor. The board of county commissioners shall fix any such compensation to be paid to the initial supervisors during their initial terms of office. The supervisors shall fix the compensation to be paid to the supervisors thereafter. Compensation for the supervisors shall not exceed six thousand seven hundred twenty dollars in one calendar year. A supervisor is entitled to reimbursement for reasonable expenses actually incurred in connection with performance of the duties of a supervisor, including subsistence and lodging, while away from the supervisor's place of residence, and mileage for use of a privately owned vehicle in accordance with chapter 42.24 RCW.

     Any supervisor may waive all or any portion of his or her compensation payable under this section as to any month or months during his or her term of office, by a written waiver filed with the supervisors as provided in this section. The waiver, to be effective, must be filed any time after the member's election and prior to the date on which the compensation would otherwise be paid. The waiver shall specify the month or period of months for which it is made.

[2005 c 127 § 2.]

Notes:

     Effective date -- 2005 c 127: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [April 21, 2005]." [2005 c 127 § 3.]




86.15.060
Administration.

(1) Except as provided in subsection (2) of this section, administration of the affairs of zones shall be in the county engineer. The engineer may appoint such deputies and engage such employees, specialists, and technicians as may be required by the zone and as are authorized by the zone's budget. Subject to the approval of the supervisors, the engineer may organize, or reorganize as required, the zone into such departments, divisions, or other administrative relationships as he or she deems necessary to its efficient operation.

     (2) In a zone with supervisors elected pursuant to RCW
86.15.050, the supervisors may provide for administration of the affairs of the zone by other than the county engineer, pursuant to the authority established in RCW 86.15.095 to hire employees, staff, and services and to enter into contracts.

[2013 c 23 § 476; 2005 c 127 § 1; 1961 c 153 § 6.]

Notes:

     Effective date -- 2005 c 127: See note following RCW 86.15.055.




86.15.070
Advisory committees.

The board may appoint a countywide advisory committee, which shall consist of not more than fifteen members. The board also may appoint an advisory committee for any zone or combination of two or more zones which committees shall consist of not more than five members. Members of an advisory committee shall serve without pay and shall serve at the pleasure of the board.

[1967 ex.s. c 136 § 6; 1961 c 153 § 7.]




86.15.080
General powers.

A zone or participating zone may:

     (1) Exercise all the powers and immunities vested in a county for flood water or storm water control purposes under the provisions of chapters
86.12, 86.13, 36.89, and 36.94 RCW: PROVIDED, That in exercising such powers, all actions shall be taken in the name of the zone and title to all property or property rights shall vest in the zone;

     (2) Plan, construct, acquire, repair, maintain, and operate all necessary equipment, facilities, improvements, and works to control, conserve, and remove flood waters and storm waters and to otherwise carry out the purposes of this chapter including, but not limited to, protection of the quality of water sources;

     (3) Take action necessary to protect life and property within the district from flood water damage, including in the context of an emergency, as defined in RCW 38.52.010, using covered volunteer emergency workers, as defined in RCW 38.52.010 and 38.52.180(5)(a), subject to and in accordance with the terms of RCW 38.52.180;

     (4) Control, conserve, retain, reclaim, and remove flood waters and storm waters, including waters of lakes and ponds within the district, and dispose of the same for beneficial or useful purposes under such terms and conditions as the board may deem appropriate, subject to the acquisition by the board of appropriate water rights in accordance with the statutes;

     (5) Acquire necessary property, property rights, facilities, and equipment necessary to the purposes of the zone by purchase, gift, or condemnation: PROVIDED, That property of municipal corporations may not be acquired without the consent of such municipal corporation;

     (6) Sue and be sued in the name of the zone;

     (7) Acquire or reclaim lands when incidental to the purposes of the zone and dispose of such lands as are surplus to the needs of the zone in the manner provided for the disposal of county property in chapter 36.34 RCW;

     (8) Cooperate with or join with the state of Washington, United States, another state, any agency, corporation or political subdivision of the United States or any state, Canada, or any private corporation or individual for the purposes of this chapter;

     (9) Accept funds or property by loan, grant, gift or otherwise from the United States, the state of Washington, or any other public or private source;

     (10) Remove debris, logs, or other material which may impede the orderly flow of waters in streams or water courses: PROVIDED, That such material shall become property of the zone and may be sold for the purpose of recovering the cost of removal: PROVIDED FURTHER, That valuable material or minerals removed from public lands shall remain the property of the state;

     (11) Provide grant funds to political subdivisions of the state that are located within the boundaries of the zone, so long as the use of the grant funds is within the purposes authorized under this chapter.

[2010 c 46 § 2; 1983 c 315 § 13; 1961 c 153 § 8.]

Notes:

     Severability -- 1983 c 315: See note following RCW 90.03.500.




86.15.090
Extraterritorial powers.

A zone may, when necessary to protect life and property within its limits from flood water, exercise any of its powers specified in RCW 86.15.080 outside its territorial limits.

[1961 c 153 § 9.]




86.15.095
Zones constitute quasi municipal corporation — Constitutional and statutory powers.

A flood control zone district is a quasi municipal corporation, an independent taxing "authority" within the meaning of Article VII, section 1 of the state Constitution, and a "taxing district" within the meaning of Article VII, section 2 of the state Constitution.

     A flood control zone district constitutes a body corporate and possesses all the usual powers of a corporation for public purposes as well as all other powers that may now or hereafter be specifically conferred by statute, including, but not limited to, the authority to hire employees, staff, and services, to enter into contracts, and to sue and be sued.

[1983 c 315 § 6.]

Notes:

     Severability -- 1983 c 315: See note following RCW 90.03.500.




86.15.100
Flood control or storm water control improvements — Authorization.

The supervisors may authorize the construction, extension, enlargement, or acquisition of necessary flood control or storm water control improvements within the zone or any participating zones. The improvements may include, but shall not be limited to the extension, enlargement, construction, or acquisition of dikes and levees, drain and drainage systems, dams and reservoirs, or other flood control or storm water control improvements; widening, straightening, or relocating of stream or water courses; and the acquisition, extension, enlargement, or construction of any works necessary for the protection of stream and water courses, channels, harbors, life, and property.

[1983 c 315 § 14; 1961 c 153 § 10.]

Notes:

     Severability -- 1983 c 315: See note following RCW 90.03.500.




86.15.110
Flood control or storm water control improvements — Initiation — Comprehensive plan.

Flood control or storm water control improvements may be extended, enlarged, acquired, or constructed by a zone pursuant to a resolution adopted by the supervisors. The resolution shall specify:

     (1) Whether the improvement is to be extended, enlarged, acquired, or constructed;

     (2) That either:

     (a) A comprehensive plan of development for flood control has been prepared for the stream or water course upon which the improvement will be enlarged, extended, acquired, or constructed, and that the improvement generally contributes to the objectives of the comprehensive plan of development: PROVIDED, That the plan shall be first submitted to the state department of ecology at least ninety days in advance of the beginning of any flood control project or improvement; and shall be subject to all the regulatory control provisions by the department of ecology as provided in chapter
86.16 RCW; or

     (b) A comprehensive plan of development for storm water control has been prepared for the area that will be served by the proposed storm water control facilities;

     (3) If the improvement is to be constructed, that preliminary engineering studies and plans have been made, and that the plans and studies are on file with the county engineer;

     (4) The estimated cost of the acquisition or construction of the improvement, together with such supporting data as will reasonably show how the estimates were arrived at; and

     (5) That the improvement will benefit:

     (a) Two or more zones, hereinafter referred to as participating zones; or

     (b) A single zone; or

     (c) The county as a whole, as well as a zone or participating zones.

[1983 c 315 § 15; 1961 c 153 § 11.]

Notes:

     Severability -- 1983 c 315: See note following RCW 90.03.500.




86.15.120
Flood control or storm water control improvements — Hearing, notice.

Before finally adopting a resolution to undertake any flood control improvement or storm water control improvement, the supervisors shall hold a hearing thereon. Notice and publication of the hearing shall be given under RCW 36.32.120(7). The supervisors may conduct any such hearing concurrently with a hearing on the establishment of a flood control zone, and may in such case designate the proposed zone a beneficiary of any improvement.

[1983 c 315 § 16; 1961 c 153 § 12.]

Notes:

     Severability -- 1983 c 315: See note following RCW 90.03.500.




86.15.130
Zone treasurer — Funds.

The treasurer of each zone shall be the county treasurer. He or she shall establish within his or her office a zone flood control fund for each zone into which shall be deposited the proceeds of all tax levies, assessments, gifts, grants, loans, or other revenues which may become available to a zone.

     The treasurer shall also establish the following accounts within the zone fund:

     (1) For each flood control improvement financed by a bond issue, an account to which shall be deposited the proceeds of any such bond issue; and

     (2) An account for each outstanding bond issue to which will be deposited any revenues collected for the retirement of such outstanding bonds or for the payment of interest or charges thereon; and

     (3) A general account to which all other receipts of the zone shall be deposited.

[2013 c 23 § 477; 1961 c 153 § 13.]




86.15.140
Budget.

The supervisors shall annually at the same time county budgets are prepared adopt a budget for the zone, which budget shall be divided into the following appropriation items: (1) Overhead and administration; (2) maintenance and operation; (3) construction and improvements; and (4) bond retirement and interest. In preparing the budget, the supervisors shall show the total amount to be expended in each appropriation item and the proportionate share of each appropriation item to be paid from each account of the zone.

     In preparing the annual budget, the supervisors shall under the appropriation item of construction and improvement list each flood control improvement or storm water control improvement and the estimated expenditure to be made for each during the ensuing year. The supervisors may at any time during the year, if additional funds become available to the zone, adopt a supplemental budget covering additional authorized improvements.

     The zone budget or any supplemental budget shall be approved only after a public hearing, notice of which shall be given as provided by RCW
36.32.120(7).

[1983 c 315 § 17; 1961 c 153 § 14.]

Notes:

     Severability -- 1983 c 315: See note following RCW 90.03.500.




86.15.150
County aid.

Whenever the supervisors have found under the provisions of RCW 86.15.110 that a flood control improvement or storm water control improvement initiated by any zone will be of benefit to the county as a whole, as well as to the zone or participating zones; or whenever the supervisors have found that the maintenance and operation of any flood control improvement or storm water control improvement within any zone will be of benefit to the overall flood control program or storm water control program of the county, the board may authorize the transfer of any funds available to the county for flood control or storm water control purposes to any zone or participating zones for flood control or storm water control purposes.

[1983 c 315 § 18; 1961 c 153 § 15.]

Notes:

     Severability -- 1983 c 315: See note following RCW 90.03.500.




86.15.160
Excess levies, assessments, regular levies, and charges — Local improvement districts.

For the purposes of this chapter the supervisors may authorize:

     (1) An annual excess ad valorem tax levy within any zone or participating zones when authorized by the voters of the zone or participating zones under RCW
84.52.052 and 84.52.054;

     (2) An assessment upon property, including state property, specially benefited by flood control improvements or storm water control improvements imposed under chapter 86.09 RCW;

     (3) Within any zone or participating zones an annual ad valorem property tax levy of not to exceed fifty cents per thousand dollars of assessed value when the levy will not take dollar rates that other taxing districts may lawfully claim and that will not cause the combined levies to exceed the constitutional and/or statutory limitations, and the additional levy, or any portion thereof, may also be made when dollar rates of other taxing units is released therefor by agreement with the other taxing units from their authorized levies;

     (4) A charge, under RCW 36.89.080, for the furnishing of service to those who are receiving or will receive benefits from storm water control facilities and who are contributing to an increase in surface water runoff. The rate or charge imposed under this section shall be reduced by a minimum of ten percent for any new or remodeled commercial building that utilizes a permissive rainwater harvesting system. Rainwater harvesting systems shall be properly sized to utilize the available roof surface of the building. The jurisdiction shall consider rate reductions in excess of ten percent dependent upon the amount of rainwater harvested;

     (5) Except as otherwise provided in RCW 90.03.525, any public entity and public property, including the state and state property, shall be liable for the charges to the same extent a private person and privately owned property is liable for the charges, and in setting these rates and charges, consideration may be made of in-kind services, such as stream improvements or donation of property;

     (6) The creation of local improvement districts and utility local improvement districts, the issuance of improvement district bonds and warrants, and the imposition, collection, and enforcement of special assessments on all property, including any state-owned or other publicly-owned property, specially benefited from improvements in the same manner as provided for counties by chapter 36.94 RCW.

[2003 c 394 § 8; 1986 c 278 § 60; 1983 c 315 § 19; 1973 1st ex.s. c 195 § 131; 1961 c 153 § 16.]

Notes:

     Severability -- 1986 c 278: See note following RCW 36.01.010.

     Severability -- 1983 c 315: See note following RCW 90.03.500.

     Severability -- Effective dates and termination dates -- Construction -- 1973 1st ex.s. c 195: See notes following RCW 84.52.043.

Rates and charges for storm water control facilities -- Limitations -- Definitions: RCW 90.03.500 through 90.03.525. See also RCW 35.67.025, 35.92.021, 36.89.085, and 36.94.145.




86.15.162
Delinquent assessment — Sale of parcel — Accrual of interest.

If the delinquent assessment remains unpaid on the date fixed for the sale under RCW 86.09.496 and 86.09.499, the parcel shall be sold in the same manner as provided under *RCW 87.03.310 through 87.03.330. If the district reconveys the land under *RCW 87.03.325 due to accident, inadvertence, or misfortune, however, interest shall accrue not at the rate provided in RCW 87.03.270, but at the rate provided in RCW 86.09.505.

[1983 c 315 § 7.]

Notes:

     *Reviser's note: RCW 87.03.310 through 87.03.330 were repealed by 1988 c 134 § 15. Later enactment, see chapter 87.06 RCW.

     Severability -- 1983 c 315: See note following RCW 90.03.500.




86.15.165
Voluntary assessments for flood control or storm water control improvements — Procedure — Disposition of proceeds — Use.

The supervisors may provide by resolution for levying voluntary assessments, under a mode of annual installments extending over a period not exceeding fifteen years, on property benefited from a flood control improvement or storm water control improvement. The voluntary assessment shall be imposed only after each owner of property benefited by the flood control improvement has agreed to the assessment by written agreement with the supervisors. The agreement shall be recorded with the county auditor and the obligations under the agreement shall be binding upon all heirs and all successors in interest of the property.

     The voluntary assessments need not be uniform or directly related to benefits to the property from the flood control improvement or storm water control improvement.

     The levying, collection, and enforcement authorized in this section shall be in the manner now and hereafter provided by law for the levying, collection, and enforcement of local improvement assessments by cities and towns, insofar as those provisions are not inconsistent with the provisions of this chapter.

     The disposition of all proceeds from voluntary assessments shall be in accordance with RCW
86.15.130.

     The proceeds from voluntary assessments may be used for any flood control improvement or storm water control improvement not inconsistent with the provisions of this chapter, and in addition the proceeds may be used for operation and maintenance of flood control improvements or storm water control improvements constructed under the authority of this chapter.

[1983 c 315 § 20; 1969 ex.s. c 195 § 3.]

Notes:

     Severability -- 1983 c 315: See note following RCW 90.03.500.




86.15.170
General obligation bonds.

The supervisors may authorize the issuance of general obligation bonds to finance any flood control improvement or storm water control improvement and provide for the retirement of the bonds with ad valorem property tax levies. The general obligation bonds may be issued and the bond retirement levies imposed only when the voters of the flood control zone district approve a ballot proposition authorizing both the bond issuance and imposition of the excess bond retirement levies pursuant to Article VIII, section 6 and Article VII, section 2(b) of the state Constitution and RCW 84.52.056. Elections shall be held as provided in RCW 39.36.050. The bonds shall be issued on behalf of the zone or participating zones and be approved by the voters of the zone or participating zones when the improvement has by the resolution, provided in RCW 86.15.110, been found to be of benefit to a zone or participating zones. The bonds may not exceed an amount, together with any outstanding general obligation indebtedness, equal to three-fourths of one percent of the value of taxable property within the zone or participating zones, as the term "value of the taxable property" is defined in RCW 39.36.015. The bonds shall be issued and sold in accordance with chapter 39.46 RCW.

[1984 c 186 § 62. Prior: 1983 c 315 § 21; 1983 c 167 § 211; 1961 c 153 § 17.]

Notes:

     Purpose -- 1984 c 186: See note following RCW 39.46.110.

     Severability -- 1983 c 315: See note following RCW 90.03.500.

     Liberal construction -- Severability -- 1983 c 167: See RCW 39.46.010 and note following.




86.15.175
Community revitalization financing — Public improvements.

In addition to other authority that a flood control zone district possesses, a flood control zone district may provide any public improvement as defined under RCW 39.89.020, but this additional authority is limited to participating in the financing of the public improvements as provided under RCW 39.89.050.

     This section does not limit the authority of a flood control zone district to otherwise participate in the public improvements if that authority exists elsewhere.

[2001 c 212 § 23.]

Notes:

     Severability -- 2001 c 212: See RCW 39.89.902.




86.15.176
Service charges authorized — Disposition of revenue.

The supervisors may provide by resolution for revenues by fixing rates and charges for the furnishing of service to those served or receiving benefits from a flood control improvement including public entities, except as otherwise provided in RCW 90.03.525. The service charge shall be uniform for the same class of benefits or service. In classifying services furnished or benefits received the board may in its discretion consider the character and use of land and its water runoff characteristics and any other matters that present a reasonable difference as a ground for distinction. Service charges shall be applicable to a zone or participating zones. The disposition of all revenue from service charges shall be in accordance with RCW 86.15.130.

[1986 c 278 § 61; 1983 c 315 § 22; 1967 ex.s. c 136 § 7.]

Notes:

     Severability -- 1986 c 278: See note following RCW 36.01.010.

     Severability -- 1983 c 315: See note following RCW 90.03.500.




86.15.178
Revenue bonds — Lien for delinquent service charges.

(1) The supervisors may authorize the issuance of revenue bonds to finance any flood control improvement or storm water control improvement. The bonds may be issued by the supervisors in the same manner as prescribed in RCW 36.67.510 through 36.67.570 pertaining to counties. The bonds shall be issued on behalf of the zone or participating zones when the improvement has by the resolution, provided in RCW 86.15.110, been found to be of benefit to a zone or participating zones. The bonds may be in any form, including bearer bonds or registered bonds.

     Each revenue bond shall state on its face that it is payable from a special fund, naming the fund and the resolution creating the fund.

     Revenue bond principal, interest, and all other related necessary expenses shall be payable only out of the appropriate special fund.

     A zone or participating zones shall have a lien for delinquent service charges, including interest thereon, against the premises benefited by a flood control improvement or storm water control improvement, which lien shall be superior to all other liens and encumbrances except general taxes and local and special assessments. The lien shall be effective and shall be enforced and foreclosed in the same manner as provided for sewerage liens of cities and towns by RCW 35.67.200 through 35.67.290.

     (2) Notwithstanding subsection (1) of this section, such bonds may be issued and sold in accordance with chapter 39.46 RCW.

[1991 c 322 § 10. Prior: 1983 c 315 § 23; 1983 c 167 § 212; 1967 ex.s. c 136 § 8.]

Notes:

     Findings -- Intent -- Purpose -- 1991 c 322: See notes following RCW 86.12.200.

     Severability -- 1983 c 315: See note following RCW 90.03.500.

     Liberal construction -- Severability -- 1983 c 167: See RCW 39.46.010 and note following.




86.15.180
Protection of public property.

Any agency or department of the state of Washington, or any political subdivision or municipal corporation of the state may contribute funds to the county or any zone or zones to assist the county, zone or zones in carrying out the purposes of this chapter when such agency, department, subdivision or municipal corporation finds such action will materially contribute to the protection of publicly owned property under its jurisdiction.

[1961 c 153 § 18.]




86.15.190
Abatement of nuisances.

The supervisors may order, on behalf of the zone or participating zones, that an action be brought in the superior court of the county to require the removal of publicly or privately owned structures, improvements, facilities, or accumulations of debris or materials that materially contribute to the dangers of loss of life or property from flood waters. Where the structures, improvements, facilities, or accumulations of debris or materials are found to endanger the public health or safety the court shall declare them a public nuisance, and forthwith order their abatement. If the abatement is not completed within the time ordered by the court, the county may abate the nuisance and charge the cost of the action against the land upon which the nuisance is located, and the payment of the charge may be enforced and collected in the same manner at the same time as county property taxes.

[1983 c 315 § 24; 1961 c 153 § 19.]

Notes:

     Severability -- 1983 c 315: See note following RCW 90.03.500.




86.15.200
Flood control zones — Consolidation, abolishment.

The board may consolidate any two or more zones or abolish any zone pursuant to a resolution adopted by the board providing for such action. Before adopting such a resolution, the board shall conduct a public hearing notice of which shall be given as provided by RCW 36.32.120(7). Any indebtedness of any zone or zones which are abolished or consolidated shall not be impaired by their abolishment or consolidation, and the board shall continue to levy and collect all necessary taxes and assessments until such debts are retired. Whenever twenty-five percent of the electors of any zone file a petition, meeting the requirements of sufficiency set forth in RCW 86.15.020, asking that a zone be abolished, the board shall: (1) Adopt a resolution abolishing the zone or (2) at the next general election place a proposition on the ballot calling for a yes or no vote on the abolition of the zone.

[1961 c 153 § 20.]




86.15.210
Transfer of property.

A diking, drainage, or sewerage improvement district, flood control district, diking district, drainage district, intercounty diking and drainage district, or zone may convey title to any property improvements or assets of the districts or zone to the county or a zone for flood control purposes. If the property improvements or assets are surplus to the needs of the district or zone the transfer may be made by private negotiations, but in all other cases the transfers are subject to the approval of a majority of the registered voters within the district or zone. Nothing in this section permits any district or zone to impair the obligations of any debt or contract of the district or zone.

[1983 c 315 § 25; 1961 c 153 § 21.]

Notes:

     Severability -- 1983 c 315: See note following RCW 90.03.500.




86.15.220
Planning of improvements.

Nothing in this chapter shall be construed as limiting the right of counties under the provisions of chapters 86.12 and 86.13 RCW to undertake the planning or engineering studies necessary for flood control improvements or financing the same from any funds available for such purposes.

[1961 c 153 § 22.]




86.15.230
Public necessity of chapter.

This chapter is hereby declared to be necessary for the public health, safety, and welfare and that the taxes and special assessments authorized hereby are found to be for a public purpose.

[1961 c 153 § 23.]




86.15.900
Severability — Construction — 1961 c 153.

If any provision of this chapter, as now or hereafter amended, or its application to any person or circumstance is held invalid, the remainder of the chapter, and its application to other persons or circumstances shall not be affected.

[1961 c 153 § 24.]




86.15.910
Construction of chapter.

This chapter shall be complete authority for the accomplishment of purposes hereby authorized, and shall be liberally construed to accomplish its purposes. Any restrictions, limitations or regulations contained shall not apply to this chapter. Any act inconsistent herewith shall be deemed modified to conform with the provisions of this chapter for the purpose of this chapter only.

[1961 c 153 § 25.]




86.15.920
Titles not part of the chapter.

The section titles shall not be considered a part of this chapter.

[1961 c 153 § 26.]