HomeMy WebLinkAbout3750ORDINANCE NO. 3q6o
AN ORDINANCE of the City of Port Angeles, Washington amending
portions of Title 2: Administration and Personnel, of the Port Angeles
Municipal Code.
THE CITY COUNCIL OF THE CITY OF PORT ANGELES DO HEREBY
ORDAIN AS FOLLOWS:
Section 1. Title 2 of the Port Angeles Municipal Code is amended by repealing the
following chapters and replacing them as follows in Attachment A:
Chapter 2.02 City Council
Chapter 2.04 Council Meetings
Chapter 2.16 Fire Department
Chapter 2.18 Hearing Examiner
Chapter 2.19 Director of Community and Economic Development
Chapter 2.20 Police Department
Chapter 2.24 Emergency Management
Chapter 2.44 City Officers
Chapter 2.46 City Business Hours
Chapter 2.48 Ocean View Cemetery
Chapter 2.60 Disposal of Surplus Real and Personal Property
Chapter 2.64 Legal Representation for City Officials and Employees
Chapter 2.76 Risk Management and Safety
Chapter 2.80 Community Fagade and Sign Improvement Program
Chapter 2.90 PANIC — Compliance and Enforcement
The following chapters are repealed from Title 2:
Chapter 2.06 City Meeting and Customer Service Expenses
Chapter 2.08 City Treasurer
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Chapter 2.12 City Engineer
Chapter 2.52 Reserved
Chapter 2.56 Research and Legislative Representatives
Chapter 2.72 Code of Conduct
Chapter 2.74 Inspection of Public Records
Chapter 2.78 City of Port Angeles Code of Ethical Conduct
Section 2. - Corrections. The City Clerk and the codifiers of this ordinance are
authorized to make necessary corrections to this ordinance including, but not limited
to, the correction ofthe scrivener's/clerical errors, references to other local, state, or federal laws,
codes, rules or regulations, or ordinance numbering, section/subsection numbers and any
references thereto.
Section 3. - Severability. If any provisions of this Ordinance, or its application to any
person or circumstances, are held invalid, the remainder of the Ordinance, or application of the
provisions of the Ordinance to other persons or circumstances, is not affected.
Section 4. -Effective Date. This Ordinance, being an exercise ofa power specifically delegated
to the City legislative body, is not subject to referendum. This ordinance shall take effect five
(5) days after passage and publication of an approved summary thereof consisting of the
title.
PASSED by the City Council of the City of Port Angeles at a regular meeting of said
Council held on the 50 day of J V , 2025.
Kate Dexter, Mayor
APPROVED AS TO FORM:
William E. Bloor, City Attorney
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ATT
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Kari Martinez -Bailey, 1ty Clerk
Attachment A
Title 2
ADMINISTRATION AND PERSONNEL
CHAPTER 2.02 CITY COUNCIL
2.02.010 Term limits.
No person will be allowed to serve on the City Council for more than three consecutive
four-year terms.
2.02.020 Compensation.
A. Effective January 1, 2024, and for the duration of the Council member's current term
of office, the salary for a Council member whose term of office began prior to January 1,
2024 will remain as follows:
The Mayor will receive $650.00 per month;
2. The Deputy Mayor will receive $600.00 per month;
All other City Council members will receive $550.00 per month.
B. Effective January 1, 2024, the salary for a Council member whose term of which
office began on or after January 1, 2024, will be as follows:
The Mayor will receive $1,300.00 per month;
2. The Deputy Mayor will receive $1,200.00 per month;
3. All other City Council members will receive $1,100.00 per month.
C. Pursuant to state statute, Council members have been eligible, and will continue to be
eligible, to receive reimbursement for their actual and necessary travel expenses incurred in
the performance of the duties of their office. Such actual and necessary expenses include
necessary costs for childcare incurred to allow travel as part of the performance of the
member's official duties.
D. Beginning 2026 and thereafter every even year, the topic of City Council
compensation will be on the Council agenda for discussion prior to budget approval.
2.02.030 Benefits.
Members of the City Council of the City of Port Angeles are eligible to participate in the
City's authorized medical and dental insurance plans; provided that the Council Member
pays 100 percent of the premium for such insurance and meets all of the policy and
eligibility criteria governing these plans.
CHAPTER 2.04 COUNCIL MEETINGS
2.04.010 Regular meetings — Day — Time.
The regular meetings of the Council will generally be held on the first and third Tuesdays of
each month, beginning at 6:00 p.m. In the month of August, Council will hold only one
regular meeting, which shall be on the third Tuesday of the month beginning at 6:00 p.m.
Public hearings will be scheduled to begin at 6:30 p.m. or as soon thereafter as possible.
Such regular meetings will conclude by 10:00 p.m.; provided that the City Council may,
upon motion, continue to meet past that hour upon items on the agenda not considered prior
to 10:00 p.m. If the date of any such regular meeting of the City Council falls upon a legal
holiday, such meeting will be held either on the preceding business day or on the succeeding
business day or on such other day as decided by motion of the Council. Also, if the first
regular Council meeting in November falls on an election night, then the regular Council
meeting will fall on Wednesday following election night. Notice of the day selected for the
meeting will be given to the local news media at least 24 hours prior to the meeting. Such
meetings will be held in the Council Chambers at the Port Angeles City Hall, 321 East Fifth
Street, Port Angeles, Washington.
CHAPTER 2.16 FIRE DEPARTMENT
2.16.010 Department Established.
There is created and established a Fire Department, to protect life and property from fire,
inspect property for fire hazards and require their removal; enforce the ordinances for fire
safety in places of public gathering; foster fire prevention, regulate the use of all
combustible or explosive materials, regulate and restrain the use of fireworks, provide
emergency medical services, and perform such other duties in the protection of life and
property as directed by the City Manager.
2.16.020 Fire chief — Appointment — Responsibilities.
The City Manager will appoint the Fire Chief who will report directly to the City Manager.
The Fire Chief will be appointed for an indefinite term and may be removed at any time by
the City Manager. The Fire Chief will direct the operations of the Fire Department and may
delegate such duties as necessary.
CHAPTER 2.18 HEARING EXAMINER
2.18.010 Hearing examiner system and office of the hearing examiner established
As authorized by RCW 35A.63.170, the City hereby establishes a hearing examiner system
and office of the Hearing Examiner. This system vests in the Hearing Examiner the power
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and authority to hear and decide those issues assigned to the Hearing Examiner in this
chapter or other City ordinance. Unless the context requires otherwise, the term "Hearing
Examiner" used in the PAMC includes Hearing Examiners pro tempore.
2.18.020 Appointment.
A. Subject to City Council confirmation, the City Manager will appoint the Hearing
Examiner with regard only for qualifications for the duties of the office.
B. The Hearing Examiner must be an attorney in good standing, licensed to practice law
in the State of Washington or a Certified Professional Planner. Qualifications for the office
of the Hearing Examiner are expertise in land use law and planning, and the training and
experience necessary to conduct administrative or quasi-judicial hearings and issue
decisions and recommendations on land use planning and regulatory matters.
C. The Hearing Examiner may hold no other position in the City Government of Port
Angeles or be an employee of, or contractor for, any person under contract to the City of
Port Angeles. The Examiner must not be an elected or appointed official who exercises his
or her official authority within Port Angeles City limits or the City's UGAs.
D. The Hearing Examiner will be retained as an independent contractor pursuant to a
contract approved by the City Council. The term of appointment, compensation and other
requirements will be as established pursuant to contract.
2.18.030 Pro tempore appointment.
The City Manager may appoint one or more Hearing Examiners pro tempore to act in the
absence of the regular Hearing Examiner. Qualifications for Hearing Examiners pro tempore
are the same as set forth in PAMC 2.18.020. Hearing Examiners pro tempore, when acting
in such capacity, have all powers and duties of the Hearing Examiner as prescribed in this
code or elsewhere.
2.18.040 Freedom from improper influence.
No person will attempt to influence or in any way interfere with the Hearing Examiner in
the performance of their designated duties. The Hearing Examiner must comply strictly with
the rules of Chapters 42.23 and 42.36 RCW. The Hearing Examiner will disqualify themself
if there exists any condition or situation that would result in an unfair hearing, or an
appearance of unfairness.
2.18.050 Functions, issues and jurisdiction of the Hearine Examiner.
A. Review authority. The Hearing Examiner is hereby authorized and directed to hear
and decide the following matters:
1. Type III permits as specified in Tables 18.02.050 - 1 and 2.
2. Appeals of Type I and 11 permits as specified in Tables 18.02.050 - 1 and 2.
3. Approval of uses not expressly permitted in a specific zone in light of the
zoning intentions and consistent with the comprehensive plan.
4. Appeals from notices of trespass, infractions, and violations issued by City
employees and City officials where a right of appeal exists.
5. Any other matter otherwise expressly delegated to the Hearing Examiner.
B. Appeals. As to all of the foregoing issues and matters, the decision of the Hearing
Examiner is the final decision of the City. Decisions made by the Hearing Examiner may be
appealable according to the rules and regulations set forth in the PAMC or state law.
C. The Hearing Examiner is hereby authorized and directed to conduct a hearing and
make findings, conclusions, and recommendations to the City Council on street vacations.
2.18.060 Rules of procedure.
The Hearing Examiner is authorized to adopt rules of procedure.
2.18.070 Appeal fees.
Filing fees for appeals to the Hearing Examiner will be as set forth in the Master Fee
Schedule.
2.18.080 Repeal.
All provisions in Titles 15, 16, 17 and 18 of the Port Angeles Municipal Code that conflict
with the procedures for hearing and deciding the matters as specified in sections 2.18.050
and 2.19.020 are repealed and superseded by the provision of this chapter.
CHAPTER 2.19 DIRECTOR OF COMMUNITY AND ECONOMIC
DEVELOPMENT
2.19.010 Purpose.
This chapter vests in the Director of the Community and Economic Development ("the
Director") or their designee the power and authority to hear and decide administratively
those issues assigned to the Director in this chapter.
2.19.020 Functions, issues and jurisdiction of the Director.
A. Review authority. The Director is hereby authorized and directed to hear and decide
the following matters:
1. Type I and II permits as specified in Tables 18.02.050 — 1 and 2.
2. Any other matter otherwise expressly delegated to the Director.
2.19.030 Appeals.
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Decisions of the Director may be subject to appeal as set forth in the PAMC.
CHAPTER 2.20 POLICE DEPARTMENT
2.20.010 Department established.
There is created and established a police department to be operated under the direction and
control of the Chief of Police, subject to the supervision of the City Manager.
2.20.020 Police Chief — Appointment — Responsibilities.
The City Manager will appoint the Police Chief who will report directly to the City
Manager. The Police Chief may be removed at any time by the City Manager. The Police
Fire Chief will direct the operations of the Police Department and may delegate such duties
as necessary.
2.20.030 Personnel.
The Police Department will consist of regular commissioned personnel, specially
commissioned personnel, and noncommissioned personnel in such numbers as determined
by the City Council by inclusion in and adoption of the annual budget of the City.
CHAPTER 2.24 EMERGENCY MANAGEMENT
2.24.010 Purposes.
The purposes of this chapter are to provide for the preparation and carrying out of plans, in
accordance with the City's comprehensive emergency management plan, including mock or
practice drills, for the protection of persons and property within the City in the event of a
disaster, and to provide for the coordination of the emergency management functions of the
City with all other public agencies and affected private persons, corporations and
organizations. Any expenditures made in connection with emergency management
activities, including mutual aid activities, and mock or practice drills, will be deemed
conclusively to be for the direct protection and benefit of the inhabitants and property of the
City of Port Angeles.
2.24.020 Definitions.
A. Emergency or disaster means an incident or set of circumstances that:
1. Demands immediate action to preserve public health, protect life, protect public
property, or to provide relief to any stricken community overtaken by such
occurrences; or
2. Reaches such a dimension or degree of destructiveness as to warrant the
proclamation of a state of emergency.
Examples of an emergency or disaster include but are not limited to: actual or threatened
enemy attack, sabotage, extraordinary fire, hazardous material incident, flood, storm,
pandemic or epidemic, riot, earthquake or other similar public calamity.
B. Emergency management means the preparation for and the carrying out of all
emergency functions, other than functions for which the military forces are primarily
responsible, as necessary to mitigate, prepare for, respond to, and recover from emergencies
and disasters, and to aid victims suffering from injury or damage, resulting from disasters,
whether natural, technological, or human caused, and to provide support for search and
rescue operations for persons and property in distress.
2.24.030 Emergency Management Director — Powers and duties.
There is hereby created the office of Director of Emergency Management. Such officer will
be the City Manager of the City of Port Angeles, or their designee. The Director or their
designee is hereby empowered and directed to:
A. Prepare an emergency operations plan for the City conforming to the requirements
specified in Chapter 38.52 RCW. To the greatest extent practicable, the City's plan will be
coordinated with County and State plans and programs;
B. Control and direct the effort of the emergency management organization of the City
for the accomplishment of the purposes of this chapter;
C. Direct coordination and cooperation between divisions, services and staff of the
emergency management organization of the City, and to resolve questions of authority and
responsibility that may arise between them;
D. Represent the emergency management organization of the City in all dealings with
public or private agencies pertaining to emergency management;
E. Develop and evaluate emergency plans concerning the application of mitigation
strategies, preparation, response, and recovery mechanisms and to include such in the City's
emergency plans, and to transmit such plans to federal, state, regional and local agencies
when required by law;
F. Serve as a spokesperson for emergency management and to coordinate City
emergency management activities with various city, county, state, and federal agencies;
G. Conduct and evaluate testing of emergency plans;
H. Make rules and regulations to reasonably protect life, property and natural resources
during an emergency; provided, however, that such rules and regulations must at the earliest
practicable time be reviewed by the Emergency Management Council and adopted by the
City Council;
I. Issue a proclamation of local emergency to authorize the City to take necessary
measures to combat a disaster; protect persons, property, and natural resources; provide
emergency assistance to victims of the disaster and exercise powers authorized in RCW
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38.52.070. These include, but are not limited to, rationing, curfew, budget law limitations,
competitive bidding processes, publication of notices, provisions to the performance of
public work, entering into contracts, incurring obligations, employment of temporary
workers, rental of equipment, and purchase of supplies and materials. Such a proclamation
must be confirmed by the city council when practical;
J. Submit emergency operations plans and programs, including the ordinance codified
in this chapter, the Emergency Management Director will submit same for state review and
certification;
K. Obtain vital supplies, equipment and such other properties found lacking and needed
for the protection of the life and property of the people, and bind the City for the fair value
thereof, and if required immediately, to commandeer the same for public use;
L. Require emergency services of any City officer or employee and to requisition
necessary personnel;
M. Execute all of the special powers conferred upon them by this chapter, by statute, by
agreement approved by the City Council, or by any other lawful authority; and
N. Direct and provide for the evacuation of all or part of the population of the City from
any stricken or threatened disaster area within the City to locations providing relative safety
and shelter.
2.24.040 Emergency Management Council.
The City of Port Angeles Emergency Management Council is hereby created and will
consist of the following:
A. The Mayor, who will be chair;
B. The Director of Emergency Management, who will be vice -chair;
C. Such City officials, employees and other as may be appointed by the City Manager.
The Emergency Management Council is hereby empowered to review and recommend for
adoption by the City Council all emergency management and mutual aid plans and
agreements and such ordinances, resolutions, contracts, rules and regulations as are
necessary to implement such plans and agreements. The Emergency Management Council
will meet upon call of the chair or, in their absence from the City or inability to call such
meeting, upon the call of the vice -chair.
2.24.050 Emergency management organization.
A. All officers and employees of the City, the civilian auxiliary police force, volunteer
fire department, and any other volunteer groups designated by the Emergency Management
Director and registered as emergency management workers with the Emergency
Management Council, together with those volunteer forces enrolled to aid them during a
disaster, and all groups, organizations, and persons who may be by agreement or operation
of law, including persons pressed into service under the provisions of section 2.24.030.L. of
this chapter, charged with duties incident to the protection of life and property in the City
during a disaster, will constitute the emergency management organization of the City of Port
Angeles.
B. The functions and duties of the City of Port Angeles emergency management
organization will be distributed among such divisions, services, and special staff as directed
by the Emergency Management Director. Insofar as possible, the form of organization, titles
and terminology will conform to the recommendations of the Federal Emergency
Management Agency and the Emergency Division of the State Department of Community
Development.
2.24.060 Punishment of violations.
It is a misdemeanor for any person:
A. To willfully obstruct, hinder or delay any member of the emergency management
organization in the enforcement of any lawful rule or regulation issued pursuant to this
chapter or state law, or in the performance of any duty imposed upon them by virtue of this
chapter;
B. To do any act forbidden by any lawful rules or regulations issued pursuant to this
chapter, if such act is of such a nature as to give, or be likely to give assistance to the enemy,
or to imperil the lives or property of inhabitants of this City, or to prevent, hinder or delay
the defense or protection thereof;
C. To wear, carry or display, without authority, any means of identification specified by
the City's Director of Emergency Management.
CHAPTER 2.44 CITY OFFICERS
2.44.020 Bond requirements.
The following City officers and employees will provide bonds in the principal amounts set
forth in this section, conditioned for the faithful performance of their duties and proper
account of all funds coming into their hands:
B. City Clerk $25,000.00
C. Chief of Police $25,000.00
D. City Manager $25,000.00
F. City Treasurer $25,000.00
G. Finance Director $50,000.00
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Such bonds will run in favor of the City and be executed by a fidelity or surety company
authorized to transact such business within the State. The form must be approved by the
City Attorney and be satisfactory to any proper Department of the State supervising the
same. The premium charged for such bonds will be paid by the City.
CHAPTER 2.46 CITY BUSINESS HOURS
2.46.010 Business hours.
A. Except as noted in subsections B., C., and D., all public offices of the City will
remain continuously open for the transaction of business from 8:00 a.m. until 5:00 p.m.
Monday through Friday of each week.
B. Customer service hours are: Monday through Friday, 8:30 a.m. to 4:30 p.m.
C. Police Department hours are: Monday through Friday, 9:00 a.m. to 4:00 p.m.
D. On Saturdays, Sundays and State legal holidays all such public offices will be closed.
E. Whenever a legal holiday falls upon a Sunday, the holiday will be observed on the
following Monday.
F. Whenever a legal holiday falls upon a Saturday, the holiday will be observed on the
preceding Friday.
CHAPTER 2.48 OCEAN VIEW CEMETERY
2.48.010 Adoption of specific RCW sections.
The following chapters and sections of the RCW as they now exist or may hereafter be
amended, renumbered or recodified, whether in the same or different section, chapter or title
of the RCW, are hereby adopted by reference as a part of the PAMC and established in all
respects as though such sections were set forth herein in full; and further provided, the
inclusion of section captions is for convenience in identifying the subject of code sections
only, and any error therein does not affect the validity of the adoption by reference of the
section so adopted:
Chapter 68.04 — Definitions.
Chapter 68.24 — Cemetery property.
Chapter 68.36 RCW — Abandoned lots
Chapter 68.28 RCW — Mausoleums and columbariums.
Chapter 68.32 RCW — Title and rights to cemetery plots.
Chapter 68.50 RCW — Human remains.
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Chapter 68.52 RCW — Public cemeteries and morgues.
Chapter 68.56 RCW — Penal and miscellaneous provisions.
2.48.020 Lots —Purchase procedure.
All lots must be purchased at the Ocean View Cemetery Office. No lots, tracts, or grave
space may be occupied for burial purposes until the same has been paid for in full. The
cemetery sexton will permit no burials except upon production of the legal deed evidencing
ownership by the applicant applying for permission to bury and, if the legal deed owner is
not present, then a notarized statement giving permission from the legal deed owner is
required from the applicant. Lots are sold for the burial of human remains only.
2.48.030 Lots —Prices —Deeds or certificates of ownership.
The schedule of prices of all lots, graves, crypts, niches, plots, tracts, or parcels of land in
the platted portion of the cemetery property and any changes thereto will be set by
resolution of the City Council and filed in the office of the City Clerk. Upon payment in full
of all charges for purchase of a lot in, the City will give to the purchaser a deed or certificate
of ownership to the burial lot or plat in question, subject to all existing and future cemetery
rules and regulations and the limitations set out in this chapter. Such deeds or certificates
will state that the property therein described may not be resold and that only the City may
re -purchase such property from the legal deed or certificate holder for the amount previously
paid by the purchaser.
2.48.040 Interment —Notification of sexton.
When interments must be made, notice must be given in advance to the cemetery sexton so
as to give the City a reasonable length of time in order to properly prepare the grave. The
cemetery sexton will not perform an interment without a burial permit.
2.48.050 Interment, disinterment —Permitted when.
Interment, disinterment, or removal will normally take place on weekdays, but may be
permitted on weekends and legal holidays at an additional cost.
2.48.060 Interment —Location designated.
When an interment is to be made, the exact position of the grave must be designated in
writing on the cemetery map and burial permit and the position located by two cemetery
sextons.
2.48.070 Multiple interment.
Multiple interments in one grave will not be allowed except in cases of parent and infant
child buried at the same time, infant twin children, or one remains together with up to four
cremated remains.
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2.48.080 Disinterment —Written consent and permits required.
Human remains may be removed from a lot, grave, crypt, or niche in the cemetery with the
consent of the cemetery sexton and the notarized written consent of one of the following in
the order named:
1. The surviving spouse or state registered domestic partner.
2. The surviving children of the decedent.
3. The surviving parents of the decedent.
4. The surviving brothers or sisters of the decedent.
If the required consent cannot be obtained, permission by the Superior Court of Clallam
County where the cemetery is situated is sufficient, provided that, the permission will not
violate the terms of a written contract or the rules and regulations of Ocean View Cemetery.
Notice of any planned disinterment must be given in advance to the cemetery sexton so as to
give the City a reasonable length of time in order to properly prepare the grave. The
cemetery sexton will not perform a disinterment without a disinterment permit and burial -
transit permit, if applicable. When removing a full body, a licensed Funeral Director must be
present.
2.48.090 Lot —Transfer upon death of owner.
Transfer of title and rights to lots, graves, crypts, or niches in the cemetery will occur as set
forth in chapter 68.32 RCW. The cemetery sexton may require satisfactory proof of their
ownership of anyone claiming title to such property. Without such proof, ownership of such
lot cannot be recognized by the City. No transfer of any lot or interest therein will be valid
without the consent of the cemetery sexton.
2.48.100 Funeral —Sexton authority.
Funerals while within the grounds will be under control of the cemetery sexton or their
designee at all times.
2 48 110 Graves —Opening and closing —Charge —Procedure.
All graves will be opened and closed by City Parks & Recreation employees. A fee, payable
in advance, will be charged for each opening and closing. Such fee shall be as set forth in
the Master Fee Schedule.
2.48.120 Graves —Liner, wall requirements.
No interment will be permitted in the cemetery without the cemetery sexton's approval of
the outer burial container. Outer burial containers delivered by third parties will be charged
a placement fee. The fee must be paid in advance by the representative of the deceased and
will not be accepted from the delivery company or other funeral homes and cemeteries.
2.48.130 Graves —Turf.
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All graves will be seeded by a City Parks & Recreation employee without charge to the lot
owner when the grave has thoroughly settled and has been made level with the surface of
adjoining lawn.
2.48.140 Landscaping, care and improvements.
A. All work and care and improvements of the cemetery, lots, and graves will be done
by City Parks & Recreation employees. Only authorized City personnel may plant, trim or
prune or remove any part of the plants, trees, or shrubs in the cemetery. If any plant, tree, or
shrub situated on any grave by means of its roots, branches or otherwise becomes
detrimental, dangerous or objectionable to the adjacent graves, walks or avenues, the City
has the right to enter upon the grave and remove the plant, trees, or shrubs, or any parts
thereof as it may see fit.
B. Only cut flowers, wreaths, potted plants, floral offerings and flags may be placed on
any grave or lot. Objects such as boxes, toys, shells, benches, trellises and other structures
are not permitted in the cemetery without approval of the cemetery sexton. Receptacles for
cut flowers must be sunk level with the ground to ensure the safety of such articles and to
facilitate the cutting of grass. Proper receptacles must be purchased from or approved by and
installed by the cemetery sexton at established prices. The cemetery sexton reserves the
right to remove and dispose of all unapproved objects without notice to plot owners. The
City will not be responsible for anything placed upon graves which may be lost or
misplaced.
C. No crypts or niches will be decorated with items not approved by the cemetery
sexton.
D. All marking of section boundaries will be by cornerstone set by the cemetery sexton.
Cornerstones must not project above the ground and must not be altered or removed.
2.48.180 Headstones, markers —Placement.
With written permission of the cemetery sexton, monuments may be placed in all sections of
the cemetery with the exception of the urn garden and memorial garden. All monuments
must be set in line according to the cemetery survey. A single, above ground monument, set
on a four -foot by eight -foot grave space, will be no larger than 48 inches in length by 48
inches in height by 28 inches in width, including foundation. A double, above ground
monument, set on two side by side four -foot by eight -foot grave spaces, will be no larger
than 96 inches in length by 48 inches in height by 28 inches in width, including foundation.
A maximum of two markers will be allowed on each four -foot by eight -foot grave space.
The marker at the head of the grave may be above ground, but the second marker must be
set flush with the existing ground level. Ground level markers must be four inches thick and
must be no larger than 48 inches in length by 34 inches in width, including foundation, for a
single four -foot by eight -foot grave space, and no larger than 96 inches in length by 34
inches in width, including foundation, set on two side by side four -foot by eight -foot grave
spaces. Cement foundations must be four inches thick and are required on all markers with
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the exception of the urn garden and memorial garden. Markers in the urn garden and
memorial garden (up to two per space) may be no larger than 24 inches in length by 12
inches in width by four inches thick and will be set flush with the existing ground level. The
cemetery sexton may regulate the uniformity, class, and kind of all markers, monuments,
and other structures within the cemetery and its subdivisions.
2.48.190 Headstones, markers —Materials.
The installation of all headstones and markers will be done by or witnessed by City Parks &
Recreation employees only. A marker crew witness fee for markers set by private parties
will be set by the cemetery sexton. Any such private party will have to meet the City
insurance requirements and cemetery specifications on the border size of the marker and
must clean up and restore the area when finished. The private party must also have the work
signed off by the cemetery sexton to ensure it meets all cemetery standards.
2.48.200 Markers —Crematory section.
In the crematory section, all markers must be flush with the ground.
2.48.210 Dogs.
It is unlawful for the owner or person having control or custody of any dog to allow such
dog to enter or be within the Ocean View cemetery. Such violation is subject to issuance of
a notice and order of violation and assessment of penalties as set forth in Chapter 2.90
PANIC.
2.48.220 Vehicle restrictions.
No vehicle other than for cemetery purposes may be driven in any part of the cemetery
except on the paved driveways laid out for that purpose. No automobiles may be driven in
the cemetery at speeds exceeding 15 miles per hour. No vehicle may be driven or parked
within any area of the cemetery between the hours of sunset and sunrise of each day. Any
person violating this section is guilty of a misdemeanor.
CHAPTER 2.60 DISPOSAL OF SURPLUS REAL AND PERSONAL PROPERTY
2 60 010 Disposal of surplus personal property valued at $25,000 or less.
The City Manager is authorized to dispose of personal property owned by the City as set
forth in this chapter when such property is valued at $25,000 or less and is no longer of use
to the City.
2 60 020 Disposal of surplus personal property valued at more than $25,000 or real
property of any value.
Prior to selling or otherwise disposing of any personal property valued over $25,000.00 or
real property of any value, the City Council must determine whether the property to be sold
or otherwise disposed of is necessary to the further and efficient operation of the City. If the
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Council determines the property to be no longer necessary, it will declare the property
surplus via resolution. Disposal of the property will then be in accordance with the terms of
the resolution and this chapter.
2.60.030 Sale or disposition of real or personal property or equipment originally
acquired for public utility purposes.
Pursuant to with RCW 35.94.040, personal property or equipment with an estimated value
of greater than $50,000 or real property of any value that was originally acquired for public
utility purposes and no longer required for providing continued public utility service may be
declared surplus by the City Council via resolution following a public hearing. Such
resolution must state the fair market value and such other terms and conditions for
disposition as the council deems to be in the best public interest. This section does not apply
to property transferred, leased, or otherwise disposed of in accordance with RCW 39.33.015.
2.60.040 Intergovernmental transfers.
Pursuant to RCW 39.33.010, now or as hereafter amended, the City may sell, transfer,
exchange, lease, or otherwise dispose of real or personal property to another governmental
entity upon on such terms and conditions as may be mutually agreed upon; provided, that
before disposing of surplus real or personal property with an estimated value of more than
$50,000 in an intergovernmental transfer, the City must hold a public hearing in the manner
and with notice as prescribed by RCW 39.33.020, now or as hereafter amended
2.60.050 Trade-ins of personal property.
A. The City Council may direct either the sale or the "trade-in" of old personal property
upon the purchase of new, similar personal property.
B. If the Council elects to trade-in used personal property, it will include, in a call for
bids for the new equipment, a notice that the City has for sale or trade-in used equipment of
a specific type and description that will be sold or traded -in on the same day and hour that
bids on the new equipment are opened. Any bidder on the new equipment may include, in
their offer to sell, an offer to accept the used equipment as a part payment of the new
equipment purchase price, setting forth the amount of such allowance.
C. Persons wishing to bid on the purchase of the used property only, may submit a bid
for such purchase independent of a bid on the new equipment.
D. In determining the lowest and best bid on the new equipment, the Council will
consider the net cost to the City of such new equipment after trade-in allowances have been
deducted.
E. The City Council may accept the new equipment bid of any bidder, without trading
in the old equipment, but may not require any bidder to purchase the used equipment
without awarding the bidder the new equipment contract.
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F. The Council may accept an independent offer to purchase the used equipment, rather
than allowing a trade-in, if that is the most cost effective to the City.
2.60.060 Method and process for disposition of property other than firearms.
A. Notwithstanding any other section of this chapter, when City property is declared
surplus, the City Manager may sell or dispose of the property in any legal, commercially
reasonable manner in the best interests of the City, including but not limited to public
auction, private sale, sealed bid, exchange of in -kind goods, or through a broker or agent.
B. Whenever City property is to be sold by sealed bid or at public auction, the City
Clerk must publish notice thereof once during each of two successive weeks in the official
newspaper of the City. Notice will also be posted in a conspicuous place at City Hall. The
date of first publication must be at least ten days prior to the date fixed for the sale of the
property.
C. The notice of sale must particularly describe the property to be sold and designate the
day, hour, place of sale, and the method of bidding.
D. Title to any City property disposed of pursuant to this chapter will not be transferred
until the purchase price has been fully paid.
E. The City may authorize a donation of surplus property when the cost of disposition
of the property is equal to or exceeds the current fair market value of the property, to a
specific bona fide charitable organization which is tax exempt pursuant to Internal Revenue
Code Sec. 501(c)(3).
F. Property valued at $500.00 or less that cannot be sold due to its condition or
obsolescence may be donated, sold for scrap, destroyed, recycled, or thrown away.
G. If any surplus property is purchased with grant funds, the City will consult with the
granting agency to ensure the sale or disposal of the property is consistent with any grant
requirements or restrictions.
2.60.070 Disposition of confiscated, forfeited and released firearms.
All firearms taken into the custody of the Port Angeles Police Department that are not
retained for law enforcement use and no longer needed for evidence, will be disposed of in
accordance with RCW 9.41.098.
A. Antique firearms and firearms recognized as curios, relics and firearms of particular
historical significance by the United States Treasury Department, Bureau of Alcohol,
Tobacco and Firearms will be disposed of by auction or trade to licensed dealers or to
museums or historical societies.
B. Firearms lawful to possess that have been ordered by a court of competent
jurisdiction to be returned to the owner under RCW 9.41.098(3), or for which a timely claim
has been filed by the owner under RCW 63.32.010, will be returned to the owner.
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C. The Port Angeles Police Department may retain legal forfeited firearms for law
enforcement use as determined by the chief of police.
D. All other firearms that are judicially or administratively forfeited, forfeited due to
failure to timely claim them following notice from the city pursuant to Chapter 63.32 RCW,
or released by their owner to the department may be disposed of in any manner determined
by the city as provided by RCW 9.41.098(2). Pursuant to RCW 9.41.098(2)(b), of these
firearms, illegal firearms must be destroyed, and the city may retain a maximum of ten
percent of legal forfeited firearms for law enforcement use as determined by the chief of
police.
CHAPTER 2.64 LEGAL REPRESENTATION FOR CITY OFFICIALS AND
EMPLOYEES
2.64.010 Definitions.
Unless the context indicates otherwise, the words and phrases used in this Chapter will have
the following meanings:
A. "Employee" means any person who is or has been employed by the City.
B. "Official" means any person who is serving or has served as an elected City official,
and any person who is serving or has served as an appointed member of any City Board,
Commission, or Committee.
2.64.020 Legal representation.
A. As a condition of service or employment with the City of Port Angeles, the City will
provide to an official or employee, subject to the conditions and requirements of this
chapter, and notwithstanding the fact that such official or employee may have concluded
service or employment with the City, such legal representations as may be reasonably
necessary to defend a claim or law suit filed against such official or employee resulting from
any conduct, act, or omission of such official or employee performed or omitted on behalf of
the City in their capacity as a City official or employee, which act or omission is within the
scope of their service or employment with the City.
B. Except as may be provided in any applicable insurance policy, such legal
representation will be provided by the City Attorney or their designee.
2.64.030 Exclusions.
A. The obligations assumed under this chapter by the City and the City Attorney will
not apply to:
l . Any dishonest, fraudulent, criminal, or malicious act of an official or
employee;
2. Any act of an official or employee that is not performed on behalf of the City;
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3. Any act that is outside the scope of an official's or employee's service or
employment with the City; or
4. Any lawsuit brought by or on behalf of the City.
B. The provisions of this chapter have no force or effect with respect to any accident,
occurrence, or circumstance for which the City or the official or employee is insured against
loss or damages under the terms of any valid insurance policy.
2.64.040 Determination of exclusion.
The determination of whether an official or employee is entitled to a defense by the City
under the terms of this chapter will be made by the City Attorney. There will be no appeal
from such determination, except to the Superior Court by means of an action for declaratory
j udgment.
2.64.050 Representation and payment of claims —Conditions.
The provisions of this chapter are applicable, provided that the following conditions are met:
A. In the event of any incident or cause of conduct potentially giving rise to a claim for
damage, or the commencement of a suit, the official or employee involved will, as soon as
practicable, give the City Attorney written notice thereof, identifying the official or
employee involved, all information known to the official or employee with respect to the
date, time, place, and circumstances surrounding the incident or conduct giving rise to the
claim or lawsuit, as well as the names and addresses of all persons allegedly injured or
otherwise damaged thereby, and the names and addresses of all known witnesses.
B. Upon receipt thereof, the official or employee will forthwith deliver any claim,
demand, notice, or summons or other process relating to any such incident or conduct to the
City Attorney, and will cooperate with the City Attorney or an attorney designated by the
City Attorney, and, upon request, assist in making settlements of any suits and enforcing any
claim for any right of subrogation against any persons or organizations that may be liable to
the City because of any damage or claim of loss arising from the incident or course of
conduct.
C. Such officials or employees will attend interviews, depositions, hearings, and trials
and assist in securing and giving evidence and obtaining attendance of witnesses; and
D. Such officials or employees may not accept nor voluntarily make any payment,
assume any obligation, or incur any expense; other than for first aid to others at the time of
any incident or course of conduct giving rise to any such claim, loss, or damage.
E. Such officials or employees may provide their own legal representation as long as
there is a written agreement with the City that the officials' or employees' counsel will
cooperate with the defer to the lead role of the City's counsel. The expense associated with
such additional counsel will be the responsibility of the individual official or employee.
2.64.060 Effect of compliance with conditions.
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If legal representation of an official or employee is undertaken by the City Attorney, all of
the conditions of representation are met, and a judgment is entered against the official or
employee, or a settlement made, the City will pay such judgment or settlement; provided,
that the City may, at its discretion, appeal as necessary such judgment.
2.64.070 Failure to comply with conditions.
In the event that any official or employee fails or refuses to comply with any of the
conditions of section 2.64.050, then all of the provisions of this chapter will be inapplicable
and have no force or effect with respect to any such claim or litigation.
2.64.080 Reimbursement of incurred expenses.
A. If the City Attorney determines that an official or employee does not come within the
provisions of this chapter, but a court of competent jurisdiction later determines that such
claim does come within the provisions of this chapter, then the City will pay any judgment
rendered against the official or employee and reasonable attorney's fees incurred in
defending against the claim. The City will pay any attorney's fees incurred in obtaining the
determination that such claim is covered by the provisions of this chapter.
B. If the City Attorney determines that a claim against a City official or employee does
come within the provisions of this chapter, and a court of competent jurisdiction later finds
that such claim does not come within the provisions of this chapter, then the City must be
reimbursed by the City official or employee for costs or expenses incurred in obtaining the
determination that such claim is not covered by the provisions of this chapter.
2.64.090 Conflict with provisions of insurance policies.
Nothing contained in this chapter will be construed to modify or amend any provision of any
policy of insurance where any City official or employee thereof is the named insured. In the
event of any conflict between this chapter and the provisions of any such policy of
insurance, the policy provisions control; provided, however, that nothing contained in this
section may be deemed to limit or restrict any employee's or official's right to full coverage
pursuant to this chapter, it being the intent of this chapter and section to provide complete
coverage outside and beyond insurance policies that may be in effect, while not
compromising the terms and conditions of such policies by any conflicting provision
contained in this chapter.
2.64.100 Pending claims.
The provisions of this chapter apply to any pending claim or lawsuit against an official or
employee, or any such claim or lawsuit hereafter filed, irrespective of the date of the events
or circumstances which are the basis of such claim or law suit.
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CHAPTER 2.76 RISK MANAGEMENT AND SAFETY
2.76.010 Claims management —pre -litigation claims.
The City Manager or designee, in connection with the City Attorney or their designee, is
responsible for developing and implementing the City's position on the resolution of all pre -
litigation claims by or against the City.
A. The City's designated Risk Manager is the City's appointed agent to receive any
claim for damages against the City under Chapter 4.96 RCW. The Risk Manager may be
reached during the normal business hours of the City at City Hall, 321 East Fifth Street, Port
Angeles, Washington 98362.
B. All City departments, divisions and other City agencies must report immediately to
the City Manager or designee the occurrence of any accident or incident that may give rise
to a claim for damages by or against the City.
C. The City Manager or designee will transmit copies of the nonlitigation claim or
potential claim to the affected department and/or individual, and, where appropriate, to the
insurance representative.
D. All claims investigations, including investigation by the City Manager or designee,
will be conducted and/or coordinated in consultation with the City Attorney or their
designee. In performing and/or coordinating such investigation, the City Manager or
designee may employ the services of specialists.
E. The City Manager or designee has authority to negotiate the settlement of any pre -
litigation claim in an amount authorized under the City's Financial Management Policy,
provided payment of such amount is justified. All other pre -litigation claims will be settled
only with authorization by the City Council after considering the report and
recommendation of the City Attorney or their designee.
F. The Office of Risk Management and Safety may write interdepartmental rules
detailing the procedures to be followed by all departments to ensure efficient
accomplishment of the nonlitigation claims management function.
2.76.020 Claims management —Litigation.
A. Service on the City requires service of process on the Mayor, City Manager, or the
City Clerk, as set forth in RCW 4.28.080(2). No other City official or employee may accept
service of a summons and/or complaint unless such official or employee is specifically
named in the lawsuit, in which event such City official or employee must immediately
deliver a copy of such process to the City Clerk.
B. Upon accepting service of summons and/or complaint, those persons identified in
subsection A. above must deliver the same to the City Clerk, who will make appropriate
copies for distribution and deliver the original document to the City Attorney or their
designee, with additional copies to the City Manager or designee.
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C. The City Attorney or their designee may retain such outside experts as necessary for
the resolution of litigation that are not covered by insurance. The City Attorney or their
designee may elect to represent the City in hearings and/or trials involving such litigation
claims or will appoint outside counsel when appropriate and after coordinating with the
applicable insurer.
D. The City Manager or designee, upon the recommendation of the City Attorney or
their designee, has authority to approve the settlement of any claim against the City within
the limits authorized under the City's Financial Management Polic, provided that payment
of such amount is justified. All other claims against the City not covered by insurance will
be settled only with authorization by the City's insurance representative and by the City
Council after considering the report and recommendation of the City Attorney or their
designee. The City Manager or their designee will notify the Council in writing of
settlements entered into pursuant to this section.
E. Except as specifically directed by the City Manager, the City Attorney, or their
designee(s), no City department or division, and no City official or employee, acting
individually or collectively, may engage in the following acts:
Negotiate or otherwise effect the settlement of a claim or lawsuit involving
the City;
2. Discuss or reveal attorney/client privileged information or work product with
anyone except as authorized by the City Manager, City Attorney, or their
designees; and,
Give written or oral statements describing an accident or incident to anyone
other than an investigating law enforcement officer who properly identifies
themself as such until after the employee or official has notified the City
Attorney or their designee that such a statement has been requested.
2.76.030 Recovery of losses.
A. Action for recovery. Legal action by the City for recovery of losses of $25,000.00 or
less will be initiated only with authorization by the City Manager, and for losses in excess of
$25,000.00 by the City Council. The City Attorney or their designee is responsible for
bringing actions, including claims and lawsuits, for recovery of losses to the City arising out
of the acts of others. Such losses may include property damage or losses which impact on
the City as a result of personal injuries. In addition, the City Attorney or their designee may
join the City as a party with any third party in a lawsuit involving recovery of loss to the
City.
B. Allocation of recoveries. Any monies recovered (excluding costs of recovery) on
account of losses to the City will be paid to the budget unit or department which has
expended funds and/or materials as a result of the loss. Any monies in excess of those so
expended must be transferred to the self-insurance fund.
CHAPTER 2.80 COMMUNITY FACADE AND SIGN IMPROVEMENT PROGRAM
2.80.010 Title.
The program authorized by this chapter will be called the Community Facade and Sign
Improvement Program (the program).
2.80.020 Program adoption.
A facade and signage improvement program for commercial buildings is hereby authorized,
approved, and adopted.
2.80.030 Purpose.
The City recognizes the benefits to the City and the public that can result from a facade
improvement program. The City has received, and expects to receive in the future,
Community Development Block Grant (CDBG) generated income that can be used for a
facade improvement program. A facade and sign improvement program focused on
commercial properties located within core commercial zones throughout the City is one
method to promote new investments, spur economic development, and increase the City's
revenues.
2.80.040 Program administration.
The Director of the City's Department of Community and Economic Development is
authorized to administer the program. The Director will adopt a policy to implement and
administer the program in accordance with this chapter, the guidelines established therein,
and the grants that provided the funds to be used for the program.
2.80.050 Funds and limitation.
The facade improvement program will be taken from the Housing Rehabilitation Fund
currently held by the City as a result of CDBG grant income that specifically allows use of
the money for a facade improvement program. That amount must be shown as a separate
line item in the City's Economic Development Fund and must be maintained and kept
separately from other economic development funds. The program will be funded only from
federal or state grants that expressly authorize use of the money for a facade improvement
program. No general funds of the City may be used for this program.
2.80.060 Location.
To be eligible for the program, a property must: (1) be located in one of the following zones:
Commercial Arterial (CA), Commercial Shopping District (CSD), Commercial
Neighborhood (CN), Commercial Office (CO), and Commercial Business District (CBD)
zones; or (2) be a conforming commercial use in a non-commercial zone.
2.80.070 Program elements.
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The program will provide a grant for funding of facade improvements that will enhance the
physical appearance, accessibility, and overall value of individual buildings as well as
surrounding areas.
Awards will be issued as grants for up to $10,000.00 or no more than 50 percent the total
project cost (whichever is less).
Upon budget availability and identification of a specified "redevelopment area," funding
contributions may be increased on a per parcel basis. Such consideration will be given when
the City is engaged in the design process.
The program will also provide a grant for funding of sign improvements and replacement
that enhances the physical appearance, accessibility, and overall value of individual
buildings as well as surrounding areas. Awards will be issued as grants for up to $1,000.00
or no more than 50 percent the total project cost (whichever is less).
Improvements using these funds must be made pursuant to applicable building permit(s) and
in accordance with the City of Port Angeles Comprehensive Plan and zoning requirements.
2.80.080 Eligibility criteria.
Buildings must be located within the CBD or on an arterial roadway. The City may
designate a "redevelopment area" that correspond to large local public or private sector
investments. The owner, for themself and their successors, must agree to maintain
improvements for a minimum of a five-year period. The project must: (1) increase taxable
value of building and must be considered new construction per RCW 36.21.080; or (2) is a
project on property that is not subject to property tax but that does increase the valuation of
surrounding property. The project must increase taxable value of building and must be
considered new construction per RCW 36.21.080. The owner, for themself and their
successors, must agree to maintain improvements for a minimum of a five-year period.
2.80.090 Eligible program items.
The following are eligible for funding through the program:
• Rehabilitation, reconstruction, or restoration to the exterior, streetside of a
participating building facade;
• Glass, windows, doors, trim, and accessories that are part of the streetside facade;
• Signage;
• Professional architectural/design/contractor fees as deemed appropriate for eligible
works;
• Awnings, canopies, fences, and landscaping features;
• Street grade entrances which contribute to activity along street edge.
2.80.100 Ineligible program items.
Pia
The following are not eligible for funding through the program:
• Interior improvements;
• Roof repairs;
• Non -street facing entrances;
• Non -arterial street locations inside a commercial zone, but, outside the Central
Business District;
• Signs resulting in an increase in sign area as defined by PAMC 14.36.020;
• Non -permanent or temporary structures.
2.80.110 Evaluation criteria and prioritization.
In evaluating proposals for funding under the program, the following factors will be
considered:
• Private contribution over and above the required match;
• Present condition of existing facade or sign;
• The building's overall public visibility, i.e., the building's relationship to public
parking, widely utilized civic spaces, or public parks;
• Expected increase in assessed value of improvement;
• Historical preservation;
• Context in the block or neighborhood;
• Priority will be given to projects that benefit partner projects on same block;
• Other factors relevant to the purpose of the program may be considered.
2.80.120 Process.
The administrative procedure to be adopted by the Director for reviewing and evaluating
applications for funding under the program must be fair and objective. At a minimum, the
review and evaluation process must include in the following:
l . Arrange pre -application meeting with staff to determine eligibility.
2. Submit application along with relevant paperwork, including, but not limited to:
• Written summary of how the project addresses evaluation criteria;
• An itemized cost breakdown;
• Historical documentation;
• Architectural renderings;
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Site photos and/or plans.
3. Staff will perform initial site visit(s) and inspection(s) of the property.
4. A recommendation will be made by staff and forwarded to the City Planning
Commission.
5. Upon selection by Planning Commission, a grant agreement is made and construction
of the approved work may begin.
6. Upon completion of work, staff will conduct final site visit(s) and inspection(s) to
ensure compliance with grant agreement.
7. Upon review and approval of documented expenses, the City will issue a grant check
to the applicant for the full amount of approved funding.
CHAPTER 2.90 PAMC—COMPLIANCE AND ENFORCEMENT
2.90.010 Application and scope.
The purpose of this chapter is to: establish an efficient system to enforce civil violations of
the PAMC; to establish penalties; provide for abatement of any affected properties;
to collect all costs associated with abatement; and to provide an opportunity for a
prompt appeal and decision on alleged violations of these regulations when
requested. Unless otherwise specified, the provisions of this chapter apply to the
enforcement of all civil provisions of the PAMC. In the event of a conflict between a
provision in this chapter and any other enforcement provision of the PAMC, the
more specific provision applies.
The PAMC is enforced for the benefit of the health, safety, and welfare of the general
public, and not for the benefit of any particular person or class of persons. It is the
intent of this chapter to place the obligation for complying with its requirements
upon the owner, occupier, tenant, manager, agent, or other person responsible for the
violation or condition of land and buildings situated within the City of Port Angeles
and within the scope of the PAMC. No provision or any term used in this chapter is
intended to impose any duty upon the City or any of its officers or employees that
would subject them to damages in a civil action.
2.90.020 Definitions.
As used in this chapter, the following terms have the meanings set forth in this section,
unless a different meaning is clearly indicated by the context. Undefined terms are
interpreted using their common usage meaning and to give this chapter its most
reasonable application.
"Civil violation" means any violation or noncompliance with a civil provision of the PAMC
not otherwise designated as an infraction, misdemeanor, or gross misdemeanor.
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"Person responsible for the violation" or "person responsible" means any person(s) required
by the applicable regulation to comply therewith, or who commits any act or
omission that is a violation or causes or permits a violation to occur or remain upon
property in the City, and includes, but is not limited to, any owner(s), lessor(s),
manager(s), agent(s), or other person(s) entitled to control, use and/or occupy
property where a civil violation occurs.
"Repeat violation" means a violation of the same or similar PANIC provision in any location
by the same person for which: (1) voluntary compliance previously has been sought
within two years; or (2) a notice of violation has been issued within two years.
2.90.030 Enforcement, Authority, and administration.
A. The City Manager is authorized to administer and enforce this chapter. The City
Manager may delegate authority to the Police, Fire, Community Development,
Public Works, or other City departments to assist in enforcement and may also seek
assistance from outside agencies or private contractors, if necessary.
B. When the City Manager determines that any civil violation(s) of PANIC have
occurred or are occurring, the City Manager may take any one or more of the
following actions:
Investigate any property, structure, or use reasonably believed to be
noncompliant with the PAMC.
2. Issue an oral warning.
Issue a warning letter.
4. Enter into voluntary compliance agreements with persons responsible for code
violations.
Issue notices of violation that require compliance and assess monetary
penalties for noncompliance.
6. Issue stop work, no occupancy, or other orders that require immediate action
due to an imminent risk of injury or damage to persons or property.
7. Suspend, revoke, modify, or deny any permit or approval issued by the City.
8. Assess monetary penalties for noncompliance.
9. Direct the City Attorney to initiate court actions necessary to abate violations
or to enforce any order issued by the City Manager.
C. The enforcement procedures in this chapter are not exclusive. The City Manager is
authorized to exercise any right, action, or remedy authorized by law or equity, or a
combination thereof, to enforce civil violations. Exercise of one procedure does not
prevent use of another procedure. Nothing in this chapter prohibits the City Manager
from immediately issuing a notice of violation, seeking judicial review, or taking
25
other enforcement action without first taking other remedial actions, when the
circumstances warrant more expeditious correction or when the person(s) responsible
is a repeat offender.
D. With the consent of the owner or occupier of a building or premises, or pursuant to a
lawfully issued court order, the City Manager is authorized to enter at reasonable
times any building or premises to perform any duties imposed by this chapter.
E. The City Manager is authorized to adopt all procedures, rules, and policies
reasonably necessary to fully implement this chapter.
2.90.040 Service.
A. A notice of violation, or any other document issued pursuant to this chapter, must be
served on the person to whom it is directed by:
I. Personal service;
2. Mailing a copy of the document by first class mail or by certified mail, return
receipt requested, to such person at their last known address; or
Any means reasonably calculated to effect service.
B. In the case of stop work, no occupancy, or other orders that require immediate action
due to an imminent risk of injury or damage to persons or property, service will be
effective upon posting a copy of the order on the subject property. A copy of the
document will be served pursuant to PANIC 2.90.040(A) as soon as reasonably
practicable.
C. If, after due diligence, such person cannot be personally served within Clallam
County and if an address for mailed service cannot be ascertained, notice must be
served by posting a copy of the document conspicuously on the affected property or
structure.
D. Proof of service must be made by a written declaration under penalty of perjury
executed by the person effecting the service, declaring the time and date of service,
the manner the service was made and, if by posting, the facts showing the attempts to
serve the person personally or by mail. If service is done by mail, service is deemed
complete upon the third business day after depositing the notice into the mail.
E. In the case where the demolition of a structure is proposed as a means of abatement,
any lien holder whose lien interest is recorded in the official records of Clallam
County must be given notice of the enforcement action.
F. Each owner of the land on which the violation occurred or is occurring must be
served with the notice of violation.
2.90.050 Obligations of persons responsible for civil violations
A. It is the duty of every person responsible for a civil violation to abate the violation
and to take all other actions necessary to achieve compliance with the PANIC.
B. Persons responsible for a civil violation pursuant to a notice of violation must pay all
monetary penalties and abatement costs. However, payment of monetary penalties,
applications for permits, acknowledgment of stop work orders, and compliance with
other remedies do not relieve the persons responsible of the duty to correct a
violation.
C. In addition to any penalty that may be imposed by the City, any person violating or
failing to comply with the PANIC is liable for all damage to public or private
property arising from such violation, including the cost of restoring the affected area
to its condition prior to the violation.
D. Responsibility for civil violations and the penalties imposed are joint and several,
and the City is not prohibited from taking action against a party where other persons
may also be potentially responsible for a violation, nor is the City required to take
action against all persons potentially responsible for a violation.
2.90.060 Oral warning.
The City Manager may issue an oral warning upon determining a civil violation has
occurred or is occurring. Oral warnings are logged and may be followed up with a re -
inspection.
2.90.070 Warning letter.
The City Manager may issue a warning letter upon determining a civil violation has
occurred or is occurring. The warning letter must inform the person responsible of
the nature of the violation and specify a reasonable time to correct it or allow the
person to enter into a voluntary compliance agreement pursuant to PANIC 2.90.080.
2.90.080 Voluntary compliance agreement.
A. The City Manager may enter into a voluntary compliance agreement upon
determining a civil violation has occurred or is occurring.
B. The voluntary compliance agreement must include the following:
The name and address of the person(s) responsible for the violation;
2. The street address or other description sufficient to identify the building,
structure, premises, or land upon or within which the violation has occurred or
is occurring;
3. A description of the violation(s) and a reference to the PANIC provision(s)
which has been violated;
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4. An agreement by the person(s) entering into the voluntary compliance
agreement that he, she or they waive the right to a hearing and stipulate that
the violation exists;
5. The required corrective action(s) and a deadline(s) or schedule for
compliance;
6. An agreement permitting the City to inspect the premises as necessary to
determine compliance with the voluntary compliance agreement;
7. A statement that if the terms of the voluntary compliance agreement are not
satisfied, the City is authorized to assess monetary penalties, obtain a superior
court order requiring the parties to abate the violation, or to abate the violation
and recover its costs and expenses (including, but not limited to, abatement
materials and costs, attorney fees, expert witness fees, and court costs) from
the person responsible; and
8. A statement that the City is not limited in the enforcement actions or
enforcement options available in the event the voluntary compliance
agreement is not fully performed.
C. If the terms of the voluntary compliance agreement are not satisfied, and an
extension of time has not been granted, the person responsible for the violation may,
without being issued a notice of violation, stop work order, or other order issued
pursuant to this chapter, be assessed a monetary penalty plus all costs incurred by the
City to pursue compliance. Penalties imposed when a voluntary compliance
agreement is not satisfied accrue from the date the voluntary compliance agreement
was executed.
2.90.090 Notice of violation —Contents and effect.
A. The City Manager may issue a notice of violation to any person responsible for a
civil violation upon determining a civil violation has occurred or is occurring.
B. A notice of violation represents a determination that a violation has occurred or is
occurring, that said violation must be corrected, and that penalties may be assessed.
C. A notice of violation must include the following:
The name and address of the person(s) responsible for the violation;
2. The street address or description sufficient to identify the building, structure,
premises, or land upon or within which the violation has occurred or is
occurring;
3. A description of the violation(s) and a reference to the PANIC provision(s)
which has been violated;
4. The required corrective action and a deadline for compliance;
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5. A statement that the notice of violation may be appealed by filing a written
request for a hearing with the Hearing Examiner within 15 days of service of
the notice of violation, pursuant to PAMC 2.90.190, and that failure to timely
appeal constitutes a waiver of the right to appeal;
6. A statement indicating that the appeal hearing will be canceled, and/or no
monetary penalty will be assessed, other than City costs and expenses, if the
corrective action is completed by the specified date or prior to the appeal
hearing, if applicable;
7. A statement that a monetary penalty may be assessed per violation for each
day of noncompliance, including the dollar amount of the monetary penalties,
and that any assessed penalties must be paid within 14 days of service of the
notice of violation;
8. A statement that payment of the monetary penalties does not relieve a person
responsible of the duty to correct the violation and/or to pay monetary
penalties or other cost assessments issued;
9. A statement advising that a failure to timely appeal renders the notice of
violation a final determination that the conditions existed and constituted a
violation, and that the named party is liable for the violation; and
10. A statement advising that failure to comply with the notice of violation may
be referred to the City Attorney for legal action.
D. A copy of the notice may be filed and recorded with the Clallam County Auditor.
2.90.100 Notice of violation —Supplementation, revocation, modification.
The City Manager may revoke or otherwise modify, in whole or in part, a notice of violation
by issuing a written supplemental notice of violation, on the following grounds:
A. The original notice of violation was issued in error;
B. There is new information or changed circumstances; or
C. A person was incorrectly named as a responsible party.
2.90.110 Stop work, no occupancy, or other emergency orders.
A. The City Manager may issue a stop work order, no occupancy order, or other orders
that require immediate action due to an imminent risk of injury or damage to persons
or property upon determining a civil violation is occurring or has occurred. Such
orders must be posted and served as set forth PAMC 2.90.040(B). Such orders
require the immediate cessation of the specified work or activity on the subject
property. Work or activity may not resume unless authorized in writing by the City
Manager.
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B. A stop work order, no occupancy order, or other orders that require immediate action
due to an imminent risk of injury or damage to persons or property may be appealed
in accordance with PANIC 2.90.190. Failure to appeal the order within 15 days
renders the order a final determination that the civil violation occurred.
C. Violation of an order issued under this section is a separate violation from any other
code violation.
2.90.120 Monetary penalties.
A. In addition to utilizing any other remedy, the City Manager may assess monetary
penalties upon determining a civil violation has occurred or is occurring.
B. Monetary penalties for a civil violation begin to accrue on the first day following the
date for compliance set forth in the notice of violation or other order served on the
responsible party and continue to accrue each day until the violation is abated.
C. The cumulative monetary penalty for each violation per day, or portion thereof, is
$250.00, with adjustments as allowed pursuant to this section.
D. Penalties may be doubled based on the following factors:
1. The violation was a repeat violation;
2. The violation resulted in physical harm to persons or to another's property;
3. The violation was knowing or deliberate; or
4. The violation resulted from gross negligence or reckless conduct.
E. Penalties may be reduced upon a written request to the City's Code Enforcement
Division by the person(s) named in the notice of violation or other order that includes
the code enforcement case number, an explanation of the circumstances surrounding
the violation, and acts taken to correct the violation. Any person seeking a penalty
reduction must prove that the violation has been corrected and the date of correction,
as verified by code enforcement. The City Manager will make a determination on the
request based on an evaluation of individual circumstances, including, but not limited
to; the severity of the violation; the public interest being protected; the cooperation of
the person responsible for the violation; whether the person(s) responsible have
demonstrated compliance or progress toward compliance to the City's satisfaction;
and the ability of the person responsible for the violation to pay the assessed
penalties. The decision to reduce penalties is not appealable.
2.90.130 Monetary penalties —Waivers.
A. Monetary penalties may be waived or revoked by the City Manager under the
following circumstances:
1. The notice of violation, stop work order, or other order was issued in error;
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2. The monetary penalties were assessed in error; or
New material information warranting waiver or revocation has been presented
to the City; or
4. As appropriate to resolve litigation.
B. The City will state in writing the basis for a decision to waiver or revoke penalties.
The decision to waive or revoke penalties is not appealable.
2.90.140 Monetary penalties —Environmentally sensitive areas.
A. To protect environmentally sensitive areas and the public from long-term harm,
persons responsible for a civil violation relating to environmentally sensitive areas
will not only be required to restore damaged environmentally sensitive areas, if
possible and beneficial, but also will be required to pay a monetary penalty to
compensate for the ecological, recreational, and economic values lost or damaged
due to their unlawful action.
B. Violations of environmentally sensitive area provisions of the PAMC include, but are
not limited to:
The violation of Chapter 15.20 PAMC, Environmentally Sensitive Areas, or
related administrative rules;
2. The failure to obtain a permit required for work in an environmentally
sensitive area; or
The failure to comply with the conditions of any permit, approval, terms and
conditions of any sensitive area tract or setback area, easement, covenant, plat
restriction or binding assurance, or any notice of violation, stop work order,
mitigation plan, contract, or agreement issued or concluded pursuant to the
above -mentioned provisions.
C. In addition to assessing monetary penalties pursuant to PAMC 2.90.120, the City
may levy additional $250.00 in monetary penalties for each violation of
environmentally sensitive area provisions of the PAMC.
2.90.150 Costs.
A. Upon issuance of a notice of violation, stop work order, or other order issued
pursuant to this chapter, the City Manager may charge the costs incurred by the City
to enforce a civil violation to the person(s) responsible. These charges include, but
are not limited to:
Reasonable legal fees and costs, including, but not limited to, legal personnel
costs, court costs, filing fees, collection fees, and all other costs and expenses
incurred, as may be allowed by law;
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2. Administrative personnel costs, including, but not limited to, administrative
employee costs incurred;
3. Abatement costs, including, but not limited to, all equipment, material, and
labor costs incurred by the City in the abatement of a violation;
4. Actual expenses and costs of the City in preparing notices, orders,
specifications, and contracts; in accomplishing or contracting and inspecting
the work; and the costs of any required printing, or mailing; and
5. Interest in an amount as allowed by law.
B. Such costs are due and payable 30 days from mailing of the invoice.
2.90.160 Collection of monetary penalties, fees, and costs.
A. The City Manager is authorized to collect any monetary penalties, fees, costs, and/or
interest owing under this chapter by any appropriate legal means, including but not
limited to, judicial action or the use of a collection agency.
B. In addition to, or in lieu of, any other state or local provision for the recovery of
costs, the City Manager is authorized to levy a special assessment on the land or
premises where the violation exists or existed and file with the Clallam County
Auditor a lien against the real property for the monetary penalties, fees, and costs
assessed, in accordance with any lien provisions authorized by state law. Before
levying a special assessment, the City must provide notice to the property owner and
any identifiable mortgage holder by regular mail that a special assessment will be
levied on the property along with the estimated amount.
C. Any lien filed is subject to priority pursuant to state law, including but not limited to,
RCW 35A.21.405 to the extent applicable. Any such claim of lien may be amended
to reflect changed conditions.
2.90.170 Abatement.
A. Emergency abatement. Whenever a condition constitutes an immediate threat to the
public health, safety, or welfare or to the environment, the City Manager is
authorized to summarily abate the condition. Notice of such abatement, including the
reason for it, must be given to the person responsible for the violation as soon as
reasonably possible, whether before or after the abatement action is initiated.
B. Judicial abatement. The City Manager is authorized to seek a judicial abatement
order, mandate, injunction, or other relief from Clallam County Superior Court to
abate a civil violation.
C. Chronic nuisance judicial abatement order. The City Manager is authorized to seek a
judicial abatement order, injunction, or other relief from Clallam County Superior
Court to abate a condition deemed a chronic nuisance pursuant to Chapter 8.30
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PANIC. Such relief, in addition to the remedies outlined in this chapter and Chapter
8.30 PANIC, may seek abatement of the chronic nuisance as follows:
1. Direct the removal of all personal property subject to seizure and forfeiture
pursuant to RCW 69.50.505 from the property, building, or unit within a
building, and direct their disposition pursuant to the forfeiture provisions of
RCW 69.50.505;
2. Provide for the immediate closure of the property, building, or unit within a
building against its use for any purpose, and for keeping it closed for a period
of up to one year unless released sooner; and
3. State that while the order of abatement remains in effect, the property,
building, or unit(s) within a building will remain in the custody of the court.
2.90.180 Code compliance abatement fund —Authorized.
All monies collected from the assessment of monetary penalties and for abatement costs and
work will be allocated to support expenditures for abatement and be accounted for
through either creation of an account in the City's code compliance fund for such
abatement costs, or other appropriate accounting mechanism.
2.90.190 Appeals.
A. All contested matters arising under this chapter will be heard by the Hearing
Examiner, by the filing of an appeal.
B. Every person to whom a notice of violation, stop work order, or other order is issued
may contest the notice or order. Failure to appeal the notice or order waives the right
to appeal and constitutes an admission that the facts, conclusions, and orders stated in
the notice or order are valid, true, and correct.
C. The fee for an appeal shall be as set forth in the City's Fee Schedule. The appeal fee
may be refunded, either wholly or partially, only if the Hearing Examiner finds that
the notice or order was issued without reasonable cause.
D. Any appeal of a notice of violation, stop work order, or other order must be
submitted to the City Clerk, in writing, within 15 days of the date the notice or order
is served. Receipt of a complete appeal submittal will stay enforcement of a notice of
violation until a final decision on the appeal has been reached. Filing of an appeal
does not stay enforcement of a stop work order.
E. The appeal submittal must include:
1. The case number designated by the City;
2. The name and signature of each petitioner or their authorized representative, if
any. If multiple parties file a single appeal, the appeal must designate one
party as the contact representative; and
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3. The specific decision being appealed, and the specific reasons why each
aspect is in error as a matter of fact or law.
F. The Hearing Examiner will conduct a hearing consistent with Chapter 2.18 PAMC
and will:
l . Prepare findings regarding whether a preponderance of evidence shows that
the violation occurred, and the required corrective action is reasonable;
2. Affirm, vacate, or modify the notice of violation or order; and
3. Affirm, vacate, or modify the assessment of monetary penalties, if applicable.
The Hearing Examiner may reduce monetary penalties based on the following
considerations:
a. Whether the violation was a first violation;
b. Whether the violator showed due diligence in correcting the violation;
C. Whether the penalty is more than necessary to:
i. Neutralize any profit enjoyed by the violator as a result of the
violation;
ii. Make the public whole for environmental or other damages
suffered as a result of the violation;
iii. Reimburse the City for the costs of enforcement; and
d. Other relevant factors.
G. Any appeal of the Hearing Examiner's determination must be filed with superior
court and served within 21 days of issuance of the decision pursuant to Chapter
36.70C RCW.
2.90.200 Determination of compliance.
Persons responsible for a civil violation must notify the City Manager in writing of any
actions taken to achieve compliance with a warning, notice of violation, voluntary
compliance agreement, stop work order, or other order. For purposes of assessing
monetary penalties, a violation is considered ongoing until the person responsible for
a civil violation has come into compliance with the notice of violation, voluntary
compliance agreement, stop work order, or other order, and has provided sufficient
evidence of such compliance to the City Manager.
Upon confirmation that compliance has been achieved, the person responsible may request
the City Manager to issue a written determination of compliance stating that the
violations noted in the warning, voluntary compliance agreement, notice of violation,
stop work order, or other applicable order have been sufficiently abated. The City
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will mail copies of the determination of compliance to each person responsible for
the violation.
2.90.210 Suspension, revocation, or limitation of permit.
A. The City Manager is authorized to suspend, revoke, or modify any permit issued by
the City whenever:
The permit holder has committed a violation in the course of performing
activities subject to that permit;
2. The permit holder has interfered with the authorized representatives of the
City in the performance of the authorized person's duties related to that
permit;
3. The permit was issued in error or on the basis of materially incorrect
information supplied to the City;
4. Permit fees or costs were paid to the City by check and returned from a
financial institution marked nonsufficient funds (NSF) or canceled; or
5. The permit or approval is subject to sensitive area review, and the applicant
has failed to disclose a change of circumstances on the development proposal
site which materially affects an applicant's ability to meet the permit or
approval conditions, or which makes inaccurate the sensitive area study that
was the basis for establishing permit or approval conditions.
B. Such suspension, revocation, or modification will be carried out through a notice of
violation and is effective upon the compliance date established by the notice of
violation. Such suspension, revocation, or modification may be appealed to the
hearing examiner pursuant to PANIC 2.90.190.
2.90.220 Denial of permit.
The City Manager is authorized to deny a permit when the property for which the permit is
submitted is subject to any pending enforcement action or is in violation of any
ordinance, resolution, regulation, or public rule of the City that regulates or protects
the public health, safety, and welfare, or the use and development of land and water.
Such denial may continue until the violation is corrected, as deemed complete by the
City, and by payment of any monetary penalty imposed for the violation, except that
permits or approvals will be granted to the extent necessary to accomplish any
required corrective action.
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Summary of Ordinances Adopted by the Port Angeles City Council on June 3, 2025.
ORDINANCE NO. 3750
AN ORDINANCE of the City of Port Angeles, Washington amending portions of Title 2:
Administration and Personnel, of the Port Angeles Municipal Code.
This Ordinance, being an exercise of a power specifically delegated to the City legislative body,
is not subject to referendum. This ordinance shall take effect five (5) days after passage and
publication of an approved summary thereof consisting of the title.
The full texts of Ordinances are available at City Hall in the Clerk's office, on the City's website at
ww «,.cityofpa.us or will be mailed upon request.
Kari Martinez -Bailey
City Clerk
Published by summary: Saturday, June 7, 2025