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HomeMy WebLinkAbout6778 ORDINANCE NO. 6778 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, PROVIDING A TEMPORARY WAIVER OF RIGHT-OF-WAY USE PERMIT FEES, SET FORTH IN ACC SECTIONS 12.60.020 AND 12.60.025 FOR OUTSIDE RESTAURANT SEATING, IN RESPONSE TO THE PHASED OPENING OF COMMERCIAL BUSINESSES FOLLOWING THE COVID-19 DECLARED PUBLIC HEALTH EMERGENCY WHEREAS, earlier this year, the World Health Organization has announced novel coronavirus (COVID-19) is officially a global pandemic; and WHEREAS, on January 31 , 2020, the United States Department of Health and Human Services Secretary Alex Azar declared a public health emergency because of COVID-19; and WHEREAS, the Washington Governor also declared a State of Emergency due to new cases of COVID-19; and WHEREAS, on March 5, 2020, the Mayor proclaimed a local emergency due to growing public health impacts of COVID-19, which the Auburn City Council ratified by Resolution No. 5504; and WHEREAS, the COVID-19 outbreak presents an extreme risk of person-to- person transmission of the virus and public health experts worldwide advise the best way to prevent transmission of the virus is to prevent infected people from coming in close contact with healthy persons; and WHEREAS, following recommended public health best practices, including social distancing, which is critical to mitigate the spread of COVID-19, is having significant negative economic effects on the national, regional, and local economy, in particular small Ordinance No. 6778 June 3, 2020 Page 1 of 4 businesses and workers in the Auburn-area who cannot work remotely, including those related to restaurants; and WHEREAS, as the business-related restrictions are relaxed in phases, including opening of restaurants with significantly reduced capacities, flexibility in allowing use of outdoor areas, including some City rights-of-way, could help some restaurants survive during these challenging times; and WHEREAS, the Auburn City Code ("ACC") includes several provisions identifying different types of right-of-way use permits, including ACC Section 12.60.025; and WHEREAS, ACC Section 12.60.020 sets forth right-of-way use permit application process and fee; and WHEREAS, the waiver of such permit fees would forego moderate revenue to the City, but the assistance to restaurants that may be able to use public right-of-way to expand the area within which customers could be served — in light of appropriate social distancing standards and customer health concerns — could help struggling restaurant businesses survive and help keep the restaurant employees who depend on the jobs that have been impacted and jeopardized by the coronavirus shut-downs employed; and WHEREAS, to assist in the recovery of restaurant related businesses, it is reasonable that the City temporarily waive the fees for right-of-way use permits for outdoor restaurant purposes through September 15, 2020 or until the City enters Phase 4 of the Governor's Safe Start plan, whichever occurs first. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN as follows: Ordinance No. 6778 June 3, 2020 Page 2 of 4 Section 1. Temporary Waiver of Certain ROW Use Permit Fees. The imposition and collection of fees for right-of-way use permits, per ACC Section 12.60.020- 25, for outdoor restaurant seating purposes shall be waived for such use through September 15, 2020 or until the City enters Phase 4 of the Governor's Safe Start plan, whichever occurs first. Section 2. Implementation. The Mayor is authorized to implement those administrative procedures necessary to carry out the directives of this legislation. Section 3. Severability. 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 of it to any person or circumstance, will not affect the validity of the remainder of this ordinance, or the validity of its application to other persons or circumstances. Ordinance No. 6778 June 3, 2020 Page 3 of 4 Section 4. Effective date. This Ordinance will take effect and be in force five days from and after its passage, approval, and publication as provided by law. INTRODUCED: JUN 1 5 2020 PASSED: JUN 1 5 2020 APPROVED: JUN 1 5 2020 CITY OF AUBURN IS( ► , ANC ( CKUS, MIAYOR ATTEST: APPROVED AS TO FO M: p Shawn Campbell, MMC, City Clerk Tvii..Kendra Comeau, City Attorney Published: Ordinance No. 6778 June 3, 2020 Page 4 of 4