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
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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
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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
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