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Duval proposes new utility-billing chapter, would require recorded covenant for ADU ownership changes
Summary
Staff proposed breaking utility billing into a separate Title 9 chapter, consolidating definitions and requiring ADUs that become separately owned to record a covenant and obtain a separate service connection. Council was told the draft will go to the city attorney and staff hope to adopt in April.
Larissa Grindell, public works deputy director, presented updates to Title 9 on March 17 that separate utility billing into its own chapter and reorganize water, sewer and stormwater code language into clearer, consolidated sections.
She said a key intent is to require that when an accessory dwelling unit (ADU) transitions to separate ownership the owner record a covenant and obtain a separate service connection so there is not a single shutoff serving two owners. "If those become separate ownership, primary doesn't pay their bill and second person doesn't get water because there's one shutoff," she said, arguing the covenant reduces future service disputes.
Other changes in the draft included updated terminology and definitions, clarified procedures for easements, and revised permitting and inspection steps to align with Department of Health and Department of Ecology compliance. Staff said the rewrite will reduce ambiguity for applicants and staff, and improve enforcement clarity.
Next steps: staff said the chapter draft has already been routed internally and sent to the city attorney for review; they hope to bring the adoption ordinance to council in April if there are no substantive changes.
Ending: Council asked whether the ADU covenant would apply to electrical service (the presenter said the city does not control electrical utilities) and thanked staff for the work; the item will return for a public adoption step after legal review.
