HomeMy WebLinkAbout4774ORDINi~NCE NO. 4 ? ? 4
AN ORDINANCE OF THE CITY OF AUBURN, WASHINGTON, AMENDING
AUBURN CITY CODE SECTION 12.64.010 ENTITLED "PURPOSE" TO ADD
LANGUAGE CLARIFYING SECTION AND REGARDING PUBLIC NUISANCES AND
SECTION 12.64.050 ENTITLED "CRITERIA" BOTH CONTAINED IN
CHAPTER 12.64 ENTITLED "REQUIRED PUBLIC IMPROVEMENTS" TO ADD
LANGUAGE REGARDING PUBLIC NUISANCES AND DECLARING AN
EMERGENCY.
WHEREAS, Initiative 164 was approved by the Washington
State Legislature this year and shall become effective July
23, 1995 unless a sufficient referendum petition (Referendum
48) is filed by July 22, 1995; and
WHEREAS, Initiative 164 is an Act relating to the
regulation of private property, adding a new chapter to Title
64 RCW; and
WHEREAS, Initiative 164 requires any government entity
which takes private property by regulation or restraint of
land use for general public use pay full compensation of the
reduction in value to the owner; and
WHEREAS, any action taken by the government entity to
prevent or abate a private nuisance that limits the use or
development of private property is not a restraint of land use
pursuant to Initiative 164; and
WHEREAS, the PUBLIC WORKS COMMITTEE during an executive
the proposed
approval of
session at their June 26, 1995 meeting reviewed
amendments and recommended to the City Council
said amendments.
Ordinance No. 4774
July 11, 1995
Page 1
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. Auburn City Code Section 12.64.010 entitled
"Purpose " and Section 12.64.050 entitled "Criteria" both
contained in Chapter 12.64 entitled "Required Public
Improvements" to add language regarding public nuisances and
declaring an emergency is hereby amended as set forth on
as though set
attached Exhibit "A" and made a part thereof
forth in full herein.
Section 2. Emergency Clause
Pursuant to RCW 35A.13.190 a public
declared to exist for the reasons set
and Effective Date.
emergency is hereby
forth above regarding
the passage of the amendments herein and for the protection of
public health, public safety, public property or public peace
which requires that this ordinance shall take effect upon
passage by a majority plus one of the whole membership of the
City Council.
Section 3. The provisions of this ordinance are declared
to be separate and severable. The invalidity of any clause,
sentence, paragraph, subdivision, section or portion of this
ordinance, or the invalidity of the application thereof to any
person or circumstance shall not affect the validity of the
remainder of this ordinance, or the validity of its
application to other persons or circumstances.
Ordinance No. 4774
July 11, 1995
Page 2
Section 4. The Mayor is hereby authorized to implement
such administrative procedures as may be necessary to carry
out the directions of this legislation.
INTRODUCED: July 17, 1995
PASSED:
July 17, 1995
APPROVED: July 17, 1995
MAYOR
ATTEST:
'Ro~r~_W~~, Danielle E. Daskam, Deputy
City Clerk
APPROVED AS TO FORM:
Mic~hael~ .~Reynolds,
City Attorney
Ordinance No. 4774
July 11,1995
Page 3
Title 12
STREETS, SIDEWALKS AND PUBLIC WORKS
Chapter 12.64 Required Public Improvements
12.64.010 Purpose.
The purpose of this chapter is to cstabliDh:
A. Establish ~ the City's authority to require a
building permit applicant to make either reasonable public street
improvements or deferral of said improvement~ primarily through a
no-protest LID agreement process;
B. Establish procedures that will t__qo be used to provide for
public improvements by building permit applicants;
C. Establish criteria that will to be used to determine the
nature, extent, and location of t-he required public improvements.
D. Promote the development of the City's transportation
infrastructure in conformance with the Comprehensive Plan and in
accordance with the City's design standards, in such manner to
avoid public harm or creation of nuisance situations.
12.64.050 Criteria.
The Director shall use only the following criteria in making the
determinations required by ACC 12.64.040:
A. If the City Council through an approved plan or policy
has, by ordinance or resolution, established the nature, extent
and location of public improvements to be provided in the
immediate vicinity of the subject property in question, the
Director shall require public improvements under this chapter
consistent with the nature, extent and location thereof as
established by the City Council.
B. If the City Council has not so established the nature,
extent and location of public improvements in the vicinity of the
subject property in question:
1. The Director shall require the appropriate public
improvements, if the Director finds that:
a. Similar public improvements already exist or are
scheduled in the immediate vicinity of the subject property; or
b. The proposed use of the subject property
necessitates the installation of the public improvements; or
c. The subject property is located in close proximity
to an activity center, defined as a park, school, commercial
center, large employment center, large multifamily development,
or any other public or private development where people or
activities are concentrated; that the required improvements will
enhance access to this activity center; and that it is in the
best interests of the residents of the City to enhance access to
this activity center; or
d. Physical characteristics of the subject property,
including but not limited to topography, slope, soil type,
drainage pattern, or vegetation, necessitate the installation of
public improvements; or
Ordinance No. 4774 ~x~/~ 7~ '~:~ ~
July 11, 1995
Page 4
e. The public improvements are necessary to maintain
water quality; or
f. For any other reason, the public improvements are
necessitated by a compelling public interest to include avoidanc-
of public nuisance or harm. If the Director requires the
provision of public improvements under this subparagraph f 5.,
the Director shall make written findings and conclusions
specifying the improvements and the manner in which these
improvements will fulfill this public interest.
2. The Director shall require any public improvement
pursuant to this chapter to be in accordance with the latest
provisions of the American Public Works Association Standard
Specifications for Public Works Construction, as revised by the
City.
Ordinance No. 4774
July 11, 1995
Page 5