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Home My WebLink About5341 ORDINANCE NO. 5 3 4 1 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, REPEALING ORDINANCE NO. 5307 WHICH ESTABLISHED AUBURN CITY CODE CHAPTER 1.27 ENTITLED "POSTING PUBLIC NOTICES" AND ESTABLISHING A NEW AUBURN CITY CODE CHAPTER 1.27 ENTITLED "POSTING PUBLIC NOTICES" TO BE CONTAINED IN . AUBURN CITY CODE TITLE I ENTITLED "GENERAL PROVISIONS" WHICH CHAPTER ESTABLISHES THE PURPOSE THEREFOR, PROVIDES DEFINITIONS, SETS FORTH. APPLICANT/OWNER RESPONSIBILITIES, PROVIDES SPECIFICATIONS FOR MOUNTING BOARDS, PROVIDES PROVISIONS RELATING TO WHEN POSTING OF A PUBLIC NOTICE IS REQUIRED AND PROVIDES FOR CERTAIN OTHER MATTERS IN CONNECTION THEREWITH. WHEREAS, the City Council of the City of Auburn adopted Ordinance No. 5307 on November 1, 1999 establishing Auburn City Code Chapter 1.27 entitled "Posting Public Notices" contained in Auburn City Code Title I Entitled "General Provisions" to provide' clarification regarding the posting of current land use actions and providing for uniformity of size and readability of all land use notices which are required to be posted; and ' 'WHEREAS, the provisions of Auburn City Code Chapter 1.27 adopted by City Council on November 1, 1999, were not the revised provisions approved by the City Council on October 18, 1999; and WHEREAS, to correct the error it is necessary to repeal Ordinance 5307 and approve Ordinance 5341 which establishes a new Auburn City Code Ordinance 5341 January 11, 2000 Page 1 Chapter 1.27, "Posting Public Notices" to reflect the revised provisions adopted by the Auburn City Council on October 18, 1999. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, KING COUNTY, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Purpose. The purpose of this ordinance is as follows: To create a new Chapter 1.27 in the Auburn City Code entitled "Posting Public Notices" to reflect the revised provisions adopted by the Auburn City Council on October 18, 1999 as set forth in Exhibit "A" attached hereto and incorporated herein by this reference. , . Section 2. Constitutionality or Invalidity. If any section, subsection clause or phase of this Ordinance is for any reason held to be invalid or unconstitutional such invalidity unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this Ordinance, as it is being hereby expressly declared that this Ordinance and each section, subsection, sentence, clause and phrase hereof would have been prepared, proposed adopted and approved and ratified irrespective of the fact that nay one or more section, subsection, sentence, clause or phase be declared invalid or unconstitutional. Ordinance 5341 January 11, 2000 Page 2 Section 3. Implementation. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation. Section 4. Effective Date. This Ordinance shall take effect and be in force five days from and after its passage, approval and publication as provided by law. INTRODUCED: aalltma~ 18, 2000 PASSED: Jan~z ~ 8, ?000 APPROVED: 5amtaz7 3.8, 2000 CHARLES A. BOOTH MAYOR Ordinance 5341 January 11, 2000 Page 3 ATTEST: D&lle E. D)'~~askamC'~,X~ '~'/Z,~--, ~) City Clerk FORM: Michael J. Reynolds, City Attorney PUBLISHED: Ordinance 5341 · January 11, 2000 Page 4 CHAPTER 1.27 POSTING PUBLIC NOTICES Sections 1.27.010 Purpose 1.27.020 When required t .27.030 Definitions 1.27.040 Applicant/owner responsibilities 1.27.050 Specifications 1.27.060 Fees 1.27.070 Penalties 1.27.010 Purpose The purpose of this chapter is to provide an additional means of public notice, to the general public, of various City actions. The requirements contained within this chapter are in addition to the public notice requirements of Titles 14, 16, 17, 18 and the state requirements for annexations. The requirements of this chapter do not replace the legal notice requirements already mandated by Titles 14, 16, 17, 18 and the state requirements for annexations. 1.27.020 When required Whenever a public notice is required by Titles 14, 16, 17 or 18 the applicant and/or owner of the subject property shall erect on the subject property a public notice mounting board, as provided by the City, consistent with the requirements of this chapter. The City shall then place upon the board the specific public notice that involves the subject property. 1.27.030 Definitions A. Type I mounting board. For projects that are on property that is less than 10,000 square feet in area one Type I mounting board shall be erected on the subject property. The size of a Type I mounting board is 2 feet vertical by 4 feet horizontal. B. Type II mounting board. For projects that are on property that is 10,000 square feet to one acre in area, one Type II mounting board shall be erected on the subject property. The size of a Type II mounting board is 4 feet vertical by 4 feet horizontal. C. Type III mounting board. For projects that are on property that is greater than one acre in area and less than ten acres, one Type III mounting board shall be erected on the subject property. The size of a Type III mo'unting board is 4 feet vertical by 8 feet horizontal. An additional Type III mounting board shall be erected for each additional ten acres, or portion thereof. However no more than three Type Ill boards shall be required for any size project. The boards shall be proportionately placed around the perimeter of the property. The Planning Director may allow less than the three boards if the geographical features of the subject property are such that additional boards would not provide additional public notice. 1.27.040 Applicant/owner responsibilities A. The applicant/owner shall obtain from the City the applicable mounting board(s) to be erected upon the subject property. Exhibit "A", Ordinance No. 5341 B. At the time the City issues the mounting board it shall collect the appropriate fees and advise the applicant/owner as to when the mounting board(s) must be erected and state when the mounting board must be removed and returned to the City. C. The applicant shall erect the mounting board in accordance with the specifications of section 1.27.050~ The applicant/owner shall be responsible for maintaining the mounting board such that it is readable dudng the period of time it is required to be in place. If the board is damaged, defaced or otherwise made illegible the applicant/owner shall replace the board with another obtained from the City. The applicant shall pay the replacement cost of such board. 1.27.050 Specifications A. The mounting boards shall be erected on the subject property adjacent to and be visible from the abutting public or private i'ight of way. Any sight distance hazards must be avoided. B. The mounting boards shall be securely fastened to sturdy posts, either wood or metal. The boards may be attached to existing buildings if'it is not possible to place the boards elsewhere on the property. This must be approved by the Planning Department. C. The mounting boards must be located in order to be easily walked to by the general public. This may require the removal of brush or other obstacles. If it is not possible to erect the board in a location that is reasonably and safely accessible for the public then the applicant may make a written request to the Planning Director to allow the board to be located elsewhere or not require the board at all. D. The mounting boards shall be erected such that the top of the board is at least 4 feet above the ground but no higher than 6 feet above the ground. 1.27.060 Fees A. A non-refundable posting fee is required, for each board, to be paid at the time the mounting boards are obtained from the City. Fees for each type of mounting board are set forth in Chapter 2.78 of the Auburn City Code. The applicant/owner shall be required to return the. board within 45 days of the date the City stipulates in section 1.27.040(B). If the board is not returned or is not legible or is damaged then the applicant shall pay a replacement fee as set forth in Chapter 2.78 of the Auburn City Code. The replacement fee shall be required to.be paid prior to the issuance of any permit, license or any other approval required by the City of Auburn that is related to subject property. 1.27.070 Penalties If the applicant/oWner fails to erect the mounting board by the time the City stipulates pursuant to section 1.27.040(B), or fails to erect the board pursuant to the specifications of section 1.27.050, or fails to maintain the board pursuant to section 1.27.040(C), then all City processing of the subject application, including any public hearings, shall cease until the board(s) complies with this chapter as determined by the Planning Director. Posting2