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HomeMy WebLinkAbout2990ORDINANCE NO. 2990 AN ORDINANCE of the City of Port Angeles, Washington, establishing uniform time periods for filing appeals of City land use, construction code, and civil service decisions, revising the procedure for nuisance enforcement appeals, and amending Ordinances 2858, 1709, 1796, 2511, 1631, 2655, 2552, 2410, and 2469, as amended, and Chapters 2.22, 2.52, 8.04, 14.01, 15.24, 16.08, 17.25, 17.96, and 18.04 of the Port Angeles Municipal Code. THE CITY COUNCIL OF THE CITY OF PORT ANGELES DOES HEREBY ORDAIN as follows: Section 1. Section 1 of Ordinance 2552 and Chapter 14.01 of the Port Angeles Municipal Code are hereby amended by amending PAMC 14.01.090 to read as follows: 14.01.090 Appeals. A. Appealable Issues. This Section shall govern appeals of orders, decisions, or determinations, made by the Building Official, Fire Chief, Electrical Inspector, their designees, or any enforcement officer as defined in PAMC 14.01.060, regarding the suitability of alternative materials and methods of construction and the application and interpretation of the construction codes of the City of Port Angeles and any other building regulations or codes as may be designated by ordinance. B. Construction Code Board of Appeals. Appeals of issues set forth in PAMC 14.01.090 shall be heard by the Construction Code Board of Appeals (Board). The Board shall consist of five members appointed by the City Council, all of whom shall serve without compensation, and who shall be qualified by experience and training to pass upon the matters set forth in PAMC 14.01.090. All present members of the Building Code Board of Appeals are hereby confirmed as members of the Construction Code Board of Appeals and shall remain on the Board for the period of their present appointments. Thereafter, all appointments shall be for four - year terms, provided that any vacancy shall be filled for the period of the unexpired term. None of the five appointed members shall serve more than two consecutive four -year terms. The Fire Chief, the Building Official, and the Electrical Inspector shall each act as an ex- officio member of the Board for matters governed by the construction code that is his or her primary responsibility to administer and enforce and shall either act as secretary to the Board or designate another City staff member to act in such capacity. C. Limitations of Authority. The Board shall have no authority relative to interpretation of the administrative provisions of the construction codes nor shall the Board or any other person or enforcement officer be empowered to waive any requirements of said codes. D. Filing of Appeals. An appeal may be filed with the Board by any person having legal standing or a legal interest in the building or land involved in the appealable issue. Such appeal shall be filed in writing with the City Clerk within thirty (30) days from the date that notice of any appealable action is served by either personal delivery or by deposit in the United States Mail, except where other service is specifically provided in the construction codes. The filing fee shall be $75. The filed appeal shall contain: 1. A heading in the words: "Before the Construction Code Board of Appeals of the City of Port Angeles "; 2. A caption reading: "Appeal of ", giving the names of all appellants participating in the appeal; 3. A brief statement setting forth the legal standing, or legal interest in the building or the land involved in the notice and order of each of the appellants; 4. A brief statement in ordinary and concise language of the specific order, decision, or determination appealed, together with any material facts claimed to support the contentions of the appellant; 5. A brief statement in ordinary and concise language of the relief sought and the reasons why it is claimed that the appealed order, decision, or determination should be reversed, modified, or otherwise set aside; 6. The signatures of all parties named as appellants and their official mailing addresses; 7. The verification, by declaration under penalty of perjury, by at least one appellant as to the truth of the matters stated in the appeal. E. Procedures of the Board. The Construction Code Board of Appeals shall follow the procedures set forth in this Section and in any other reasonable rules and regulations that the Board may see fit to adopt, subject to the approval of the City Council. F. Scheduling and Noticing_ Appeal for Hearing. As soon as practicable after receiving a written appeal, the Secretary shall fix a date, time, and place for the hearing of the appeal by the Board. Such date shall be not less than ten (10) days nor more than sixty (60) days from the date that the appeal was filed with the City Clerk. Written notice of the time and place of the hearing shall be given at least ten (10) days prior to the date of the hearing to each appellant by the secretary of the Board either by personal delivery or by deposit in the United States Mail. G. Record and Findings on Appeal. All hearings and appeals before the Board shall be recorded and every decision of the Board shall be in writing and shall include findings of fact and conclusions representing the official determination of the Board and specifying the basis for the decision. All parties to the appeal shall be notified of the Board's decision either by personal delivery or by mail. A copy of the record or any part thereof shall be transcribed and furnished to any person upon request therefor and payment of the reasonable costs thereof. 2 H. Scope of Board's Review. In rendering its decision, the Board may, in conformity with the applicable construction code, reverse or affirm, wholly or in part, or may modify, the order, decision, or determination appealed from, and may make such other order, decision, or determination as the Board deems necessary and proper. I. Judicial Review. The decision of the Board shall be final and conclusive unless within twenty -one (21) days from the date of service by either personal delivery or deposit in the United States Mail the appellant files a petition to the Superior Court of the State of Washington for Clallam County. The proper and timely filing of such petition shall stay the enforcement of the decision of the Board during the pendency of the Superior Court litigation, except when a stay of the decision presents an exigent danger to the health and safety of persons or property. (Ord. 2552 §1, 10/25/89.) Section 2. Ordinance 2655 and Chapter 15.24 of the Port Angeles Municipal Code are hereby amended by amending PAMC 15.24.100 to read as follows: 15.24.100 - Judicial Review. Any decision or order issued by the City of Port Angeles pursuant to this Chapter, including decisions concerning denial, approval, or conditional approval of a Wetland Permit, may be judicially reviewed in the Clallam County Superior Court, provided that: A. available administrative remedies, including appeals available pursuant to Subsection 15.24.060I, have been exhausted; and B. such litigation is commenced within fiftccn (15)twenty -one (21) days after service of such order or issuance of notice of such decision, as the case may be. Based on these proceedings and consistent with any decision of the Court that is adverse to the City of Port Angeles, the City may elect to: 1. Institute negotiated purchase or condemnation proceedings to acquire an easement or fee interest in the applicant's land; 2. Approve the permit application with lesser restrictions or conditions; or 3. Other appropriate actions ordered by the Court that fall within the jurisdiction of the City of Port Angeles. (Ord. 2655 §1 (part), 11/29/91.) Section 3. Ordinance 1631 as amended and Chapter 16.08 of the Port Angeles Municipal Code are hereby amended by amending PAMC 16.08.050 to read as follows: 16.08.050 - Procedure A. PRELIMINARY STEPS. The developer shall submit a sketch of a proposed subdivision of land to the City Planning Department for review prior to submittal of the 3 Preliminary Plat. B. PRELIMINARY APPROVAL. The developer or his surveyor shall then transmit six (6) (or more if required) copies of the Preliminary plat, together with a filing fee, to the City Planning Department. The amount of the filing fee shall be as established by ordinance and set forth in Chapter 3.70 PAMC. The City Planning Department shall submit written recommendations to the Planning Commission prior to the Commission's public hearing in which the Preliminary plat is on its agenda. The proposed plat shall be prepared by a licensed land surveyor and shall be submitted to the City Planning Department at least thirty days prior to the next public hearing of the City Planning Commission. Notice of the public hearing on a proposed plat or subdivision shall be posted by the developer in a conspicuous place on or adjacent to the land proposed to be subdivided. Such notices shall clearly indicate the time and place of the public hearing and shall be posted not less than ten days prior to the hearing. The Planning Commission shall examine the proposed plat, along with written recommendations of the City Departments, and shall either approve or disapprove and shall make recommendations thereon to the City Council. Within a period of ninety (90) days after a preliminary plat has been submitted to the City Planning Department and other affected agencies, the City Council shall either approve or disapprove the proposed Preliminary plat. The ninety (90) days time period may be extended with the consent of the applicant. If an Environmental Impact Statement is required, the ninety (90) day period shall not include the time spent preparing and circulating the EIS. Following final action of the City Council on a preliminary plat, the Planning Department shall notify the developer regarding changes required and the type and extent of improvements to be made. A copy of the Commission's action and recommendations shall be forwarded to the developer and to any agency submitting recommendations in regard to the preliminary plat. Approval of a preliminary plat shall be considered conditional approval of the preliminary plat, and shall not constitute approval of the Final plat; it shall be considered only as approval of the layout submitted on the preliminary plat as a guide to the preparation of the Final plat. If the preliminary plat is approved by the City Council, the developer, before requesting final approval, shall elect to install or assure installation of the improvements required by Section 16.08.070 PAMC by one of the following methods: 1. Actual installation of the required improvements, to the satisfaction and approval of the City Engineer; 2. (a) Furnishing to the City a subdivision bond, with an approved insurer, in an amount equal to the cost of the improvements as determined by the City Engineer, which bond shall assure to the City actual installation of the required improvements to the satisfaction and approval of the City Engineer. The City Engineer shall determine the period of the bond. (b) Furnishing to the City an assignment of a savings account or placing in trust, an amount equal to the cost of the improvements as determined by the City 4 Engineer, which assignment of savings account or trust shall assure to the City the installation of the improvements, to the satisfaction and approval of the City Engineer. This savings account or rust shall be conditioned so that no amount may be removed therefrom without prior written approval of the City, and shall further provide that, if the improvements are not installed within the time limitations set by the City Engineer, or not installed to the satisfaction of the City Engineer, then the City may withdraw from the savings account or trust the amount necessary to Complete the improvement. The City Engineer shall determine the period of the assignment of he savings account or the trust. After completion of all required improvements the City Engineer and any government agency involved shall submit a written notice to the Planning Department stating that the developer has completed the required improvements in accordance with Section 16.08.070 PAMC and with required installation standards. C. FINAL APPROVAL. The Final plat shall conform to the Preliminary plat as approved by the City Council. If desired by the developer, the Final plat may constitute only that portion of the approved Preliminary plat which he proposes to record and develop at the time. The Final plat shall be submitted to the Planning Department within five years after City Council approval of the Preliminary plat. Said preliminary approval shall become void unless a Final plat is submitted. The developer shall submit a Mylar tracing and six (6) prints (or more if required) of 1h Final plat and other required exhibits, including a filing fee, to the City Planning Department at least fourteen days prior to the meeting in which the Final plat is to be considered by the Planning Commission. The amount of the fee shall be set by Resolution of the City Council and may be amended or changed by Resolution from time to time, or as necessary. The Planning Commission shall review the Final plat to determine if the plat conforms with the Preliminary plat, the provisions of the Comprehensive Plan, the Zoning Code and other and use regulations, the Urban Services Ordinance, and these Subdivision Regulations and shall make its recommendation to the City Council. If the Planning Commission approves the Final plat, the Chairperson shall sign the Final tracing. Following the approval of the Final plat by the Planning Commission, the City Planning Department shall obtain the signatures of the County Health Officer (when required by the Commission), City Engineer, City Clerk, City Manager, Fire Chief, Deputy Director of Utility Services, Planning Director, and City Attorney on the Final tracing and shall submit the tracing of the Final plat to the City Council for approval and signature by the Mayor. At least ten days prior to the public hearing of the City Council in which the Final plat is to be considered, the developer shall post a notice regarding said hearing in a conspicuous location on the site. Within thirty (30) days the City Council shall act upon the Final plat. The thirty (30) day limit may be extended from the date of the Final plat being filed with the Planning Department with the consent of the applicant. The developer shall have his Final plat recorded within thirty (30) days from the date his Final plat is approved by the City Council. After obtaining signatures of City officials and prior to thirty (30) days after - 5 - recording, the developer shall obtain and give to the City Engineer a Mylar or equivalent duplicate Df the Final plat. D. APPROVAL AND REVIEW OF PRELIMINARY AND FINAL PLATS. When a proposed plat or subdivision is situated adjacent to the right -of -way of state highways, said plat or subdivision shall be submitted to the Director of Highways. Approval by the Commission shall be withheld until said Director or his assistant has made a report to the Commission. When a proposed plat, subdivision or dedication is adjacent to unincorporated territory notice of such proposed plat shall be given to the Clallam County Planning Commission. Any decision by the City Council approving or refusing to approve a plat or subdivision shall be reviewable for arbitrary, capricious or corrupt action or non - action, by writ of -review petition before the Superior Court of Clallam County, by any property owner of the bounty having jurisdiction thereof who deems himself aggrieved thereby. Provided, that due application for such mew petition shall be made to such court within thirtytwenty-one days from the date of any decision so to be reviewed. (Ord. 2880 §2 (part) 8/25/95; Ord. 2789 §12 1/1/94; Ord. 2743 §1, 1/29/93; Ord. 2719 §2, 11/13/92; Ord. 2143 §2, 5/31/81; Ord. 2034 §1, 7/16/79; Ord. 1631 §4, 11/14/67.) Section 4. Ordinance 2511 as amended and Chapter 17.25 of the Port Angeles Municipal Code are hereby amended by amending PAMC 17.25.100 to read as follows: 17.25.100 Apps. Any person aggrieved by the decision of the City Council as to any Conditional Use Permit applied for pursuant to this Chapter shall make appeal to the Clallam County Superior Court within twenty -one (21) days following the decision of the City Council. (Ord. 2861 §1 (part), 3/17/95; Ord. 2511 §1 (part) 10/4/88.) Section 5. Ordinance 1709 as amended and Chapter 17.96 of the Port Angeles Municipal Code are hereby amended by amending PAMC 17.96.150 to read as follows: 17.96.150 Appeals. Any appeal of a final decision rendered by the City Council pursuant to this Title shall be filed in Clallam County Superior Court within fiftccn (15)twenty -one (21) days of such final decision or be barred. (Ord. 2668 §12 (part), 1/17/92; Ord. 2595 §3, 6/27/90.) Section 6. Ordinance 2858 as amended and Chapter 18.04 of the Port Angeles Municipal Code are hereby amended by amending PAMC 18.04.100 to read as follows: 18.04.100 - Appel Any appeal of a final decision rendered by the City Council pursuant to this Title shall be filed in Clallam County Superior Court within fifteen-(45-)twenty-one (21) days of such final decision or be barred. (Ord. 2858, 2/17/95.) 6 Section 7. Ordinance 2469 as amended and Chapter 8.04 of the Port Angeles Municipal Code are hereby amended by amending PAMC 8.04.060 to read as follows: 8.04.060 Abatement - Suit. Whenever a public nuisance exists, pursuant to PAMC 8.04.050, the City may proceed by a suit in the Clallam County Superior Court to enjoin and abate it in the manner provided by Chapter 7.48 RCW as amended; or it may elect to enforce the provisions of this Chapter by complaint, citation and /or warrant in Clallam County District Court. ithcr: That the nuisance bc abated or removed by the defendant within thc time That thc nuisance may bc abated by thc City at thc cost of thc defendant, in as- amended. (Ord. 2773 §3, 8/13/93; Ord. 2469 §1, 1/22/88.) Section 8. Ordinance 1796 as amended and Chapter 2.52 of the Port Angeles Municipal Code are hereby amended by amending PAMC 2.52.120 to read as follows: 2.52.120 Appeals from Decisions, Orders. All decisions and orders of the Board shall be final and conclusive, unless, within tentwenty -one days from the date of the action, the original applicant or an adverse party files a petition for judicial review cs-appheation to the Superior Court of the County it 7 2525 §1, 3/15/89; Ord. 1887 §7, 7/15/76; Ord. 1796 §12, 7/26/73.) Section - Severability. If any provisions of this Ordinance, or its application to any person or circumstances, is held invalid, the remainder of the Ordinance, or application of the provisions of the Ordinance to other persons or circumstances, is not affected. Section - Effective Date. This Ordinance shall take effect five days after the date of publication. PASSED by the City Council of the City of Port Angeles at a regular meeting of said Council held on the 5th day of May , 1998. APPROVED AS TO FORM: Craig D. Iiutson, City Attorney PUBLISHED: May 10, 1998 By Summary 8 MAC OR Summary of Ordinance Adopted by the Port Angeles City Council on May 5, 1998 Ordinance No. 2990 This Ordinance of the City of Port Angeles establishes uniform time periods of twenty -one (21) days for filing appeals of City land use, construction code, and civil service decisions, revises the procedure for nuisance enforcement appeals, and amends Ordinances 2858, 1709, 1796, 2511, 1631, 2655, 2552, 2410, and 2469, as amended, and Chapters 2.22, 2.52, 8.04, 14.01, 15.24, 16.08, 17.25, 17.96, and 18.04 of the Port Angeles Municipal Code. The full text of this Ordinances is available at City Hall in the City Clerk's office or will be mailed upon request. Office hours are Monday through Friday from 8:00 a.m. to 5:00 p.m. This Ordinance shall take effect five days after the date of publication of this summary. Becky J. Upton City Clerk Publish: May 10, 1998