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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