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:
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Shawn Campbell, MMC, City Clerk Tvii..Kendra Comeau, City Attorney
Published:
Ordinance No. 6778
June 3, 2020
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