HomeMy WebLinkAbout4775ORIGINA
ORDINANCE NO. 4 7 7 5
AN ORDINANCE OF THE CITY OF AUBURN, WASHINGTON, AMENDING
AUBURN CITY CODE SECTION 15.74.010 ENTITLED "INTENT" CONTAINED
IN CHAPTER 15.74 ENTITLED "LAND CLEARING" 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 ~imits the use or
development of private property is not a restraint of land use
pursuant to Initiative 164; and
WHEREAS, the PUBLIC WORKS COMMITEE at during an executive
session at their June 26, 1995 meeting reviewed the proposed
amendment and recommended to the City Council approval of said
amendment.
Ordinance No. 477~'
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 15.74.010 entitled
"Intent" contained in Chapter 15.74 entitled "Land Clearing"
to add language regarding public nuisances and declaring an
emergency is hereby amended as set forth on attached Exhibit
"A" and made a part thereof as though set forth in full
herein.
Section 2. Emergency Clause and Effective Date.
Pursuant to RCW 35A.13.190 a public emergency is hereby
declared to exist for the reasons set 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. 477~"
July 11, 1995
Page 2
Section 4. The Mayor is hereby authorized to
such administrative procedures as may be necessary
out the directions of this legislation.
INTRODUCED: July 17, 1995
implement
to carry
PASSED:
July 17, 1995
APPROVED: July 17~ 1995
CHARLES A. BOOTH
MAYOR
ATTEST:
-R~i~-W~l-h~t-~c~r, Dantelle E. Daskam, Deputy
City Clerk
APPROVED AS TO FORM:
Michael J. Reynolds,
City Attorney
PUBLISHED: ~--~ 3- ~-~
Ordinance No. 477~
July 11, 1995
Page 3
Title 15
BUILDINGS AND CONSTRUCTION
Chapter 15.74
Land Clearing
15.74.010 Intent.
The intent of this chapter is to provide standards and
construction procedures which will preserve, maintain and
enhance the vegetative qualities of the city and to enhance
the quality of the city's rivers, creeks, wetlands, lakes,
streams and hillsides. This chapter is also intended to:
A. Prevent creation of Dublic nuisance situations,
promote the public health, safety and general welfare of the
citizens of Auburn;
B. Preserve, maintain and enhance the city's physical and
aesthetic character by controlling the removal of significant
trees and ground cover;
C. Encourage building and site planning practices that
are consistent with the city's natural topographical and
vegetation features in a manner which provides for the
reasonable development and enjoyment, to include preservation
and enhancement of views, of the property;
D. Minimize the effects of uncontrolled surface water and
ground water runoff, to reduce siltation of lakes and streams,
and to reduce the potential of erosions and landslides;
E. Implement the policies of the city's comprehensive
plan.
Exhibit "A" Ordinance No. 477~'
July 11, 1995
Page 4