Loading...
HomeMy WebLinkAbout04-21 Ir RESOLUTION NO. A RESOLUTION of the City Council of the City of Port Angeles, Washington, affirming and ratifying the Civil Emergency Order issued by the City Manager on January 29, 2021., , WHEREAS, a Civil Emergency Order was issued by the City Manager on January 29, 2021, a complete copy of which is attached; and WHEREAS,the Council has reviewed the facts and circumstances that prompted the Civil Emergency Order; and it WHEREAS, the Council hereby finds that the facts recited in the Emergency Order are true and correct. WHEREAS, the Council hereby finds that the actions taken and the measures adopted in the Emergency Order are necessary, appropriate, and in the best interest of the citizens, and the City. NOW,THEREFORE, BE IT RESOLVED by the City Council of the City of Port Angeles: 1. The City Council affirms and ratifies (1)the Civil Emergency Order issued by the City Manager on January 29, 2021, and (2) all actions taken under the authority of that Order, PASSED by the City Council of the City of Port Angeles at a regular meeting of said Council held on the 2nd day of February, 2021. Kate Dexter, Mayor A17EST: Mari Martinez-Bailey, ltr Ciprl� APP -,OVED AS TO F" M 'Mi'arm , Bloor, City Attorney DocuSigin Envelope 0:961 F79A6-1 F58-44E0-8768-570EE64513AE CIVIL EMERGENCY ORDER CITY OF PORT ANGELES SUSPENDING ENFORCEMENT OF CERTAIN PROVISIONS OF THE CONSTRUCTION CODE PROVISIONS IN THE PORT ANGELES MUNICIPAL CODE WHEREAS, in his capacity as,City Manager, NATHAN A. WEST proclaimed a civil emergency exists in the City of Port Angeles as declared on March 17, 2020, by COVID-19 Declaration of Emergency;and WHEREAS, the facts stated in that Declaration continue to exist, as well as the following additional facts; and NNTIEREAS, the World Health Organization (WHO) has declared that COVID,-19 disease is a global pandemic, which is particularly severe in high risk populations such as people with underlying medical conditions and the elderly, and the WHO has raised the health emergency to the highest level requiring dramatic interventions to disrupt the spread of this disease; and WHEREAS, as of January 29, 2021, the State of Washington has had 307,809 cases, of COVID­ 19 and 4,243 deaths;and WHEREAS,on March 13, 2020,the President ofthe United States declared a national emergency to allow the government to marshal additional resources to combat the virus-, and WHEREAS, Clallam County is currently in Phase 1, and is paused from proceeding to a higher Phase until further Order of the Governor;, and WHEREAS, Art, X1, Sec. I I of the Washington State Constitution grants cities like the City of Port Angeles broad police powers to "make and enforce within its limits all such local police, sanitary and other regulations as are not in conflict with general laws"; and WHEREAS, COVID-19 constitutes an emergency as defined by the City of Port Angeles Municipal Code (PAMC) Chapter 2.24 Emergency and necessitates the utilization of emergency powers granted pursuant to Chapter 35A.38 and Chapter 38.52 RCW;and WHEREAS, Chapter 14 of the Port Angeles Municipal Code allows businesses and persons to apply for and obtain permits for building structures within the City limits in accordance with the Washington State Building Codes; and WHEREAS,COVID-19 has had various effects on people who have been planning construction and housing projects in Port Angeles, Some who have planned prcjects under the 2015 Codes have had those projects long delayed due to restrictions imposed because of COVID-19. Others have planned projects under the 20�18 Codes and are now delayed while waiting for implementation of the 2018 Codes, Meanwhile, implementation of the 2018 Construction Codes has experienced many delays over the last year. The financial hardships, created by uncertainty, about the effective implernentation date of the 2018 Codes have been further exacerbated by the recent Emergency Rule delaying implementation of the 2018 Building Codes from February 1, 2021 until July 1, 2021, followed a few days later by the retraction of that extension by Governor Inslee; and DocuiSign Envelope 1U 961F79A6-IF58-44EO-876,9-570EE64513AE V*FHFRIEAS,the circumstances described above,which,all are a consequence of COVID-19,have created significant financial hardships for many developers and builders in Port Angeles, and equally have created significant administrative and operational burdens on the City's Department of Community and Economic Development; and WHEREAS, pursuant to PANIC 2.24.020(B), I find and declare it is in the best interest of the public safety, rescue and recovery efforts, and the protection of property that the enforcement of certain provisions of the Port Angeles Municipal Code be temporarily limited as set forth in this Proclamation;therefore, BE IT PROCLAIMED BY NATHAN A. WEST, CITY MANAGER OF THE CITY OF PORT ANGELES,THAT: SECTION 1: PA MC 14.01.040 hereby is suspended until July 1, 2021. In place of that ordinance, the Director of the City's Department of('lommunity and Economic Development is authorized to adopt administration procedures that allow permit applications submitted to the City pursuant to this PANIC Title 14 to be vested under either tile 2015 Construction Codes or the 20,18 Construction Codes,, at the election of the permit applicant. SECTION 2-. All proclamations and orders,presently in effect shall remain in full force and effect except that, insofar as any provision of any such prior proclamation is inconsistent with any provision of this proclamation,then the provision of this proclamation shall control. SECTION 3: A cop),of this Proclamation shall he made available to all news media within the City and to the,general public. In order to give the widest dissemination of this Proclamation to the public, as many other available means as may he practical shall be used, including but not limited to posting on, public facilities and public address systems. SECTION 4. This Proclamation shall immediately, or as soon as practical, be filed with the City Clerk for presentation to the City Council for ratification and confirmation, modification or rejection, and if rejected this Proclamation shall be void-, however, any such rejection or modification shall not affect any actions previously taken.The Council may,by resolution,ratify, modify or reject the order.If the,City Council modifies or rejects this Proclamation,said modification or rejection shall be prospective only, and shall not affect any actions taken prior to the modification or rejection of this Proclamation. DATED this 2911 day of January, 2021, at 5:19pm. QCUS�gned lby: c . oi�ge NATHAN T_V_�,'MY MANAGER 2