HomeMy WebLinkAbout5307 ORDINANCE NO. $ 3 0 70' ~'- )~/~"~
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, ESTABLISHING A NEW AUBURN CITY CODE CHAPTER
1.27 ENTITLED "POSTING PUBLIC NOTICES" TO BE CONTAINED IN
AUBURN CITY CODE TITLE 1 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 MA~-FERS IN
CONNECTION THEREWITH.
WHEREAS, the City Council of the City of Auburn finds that development
activity in the City of Auburn creates the demand and need for clarification of
the posting of various city actions; and,
WHEREAS, the City of Auburn desires to provide uniformity of size and
readability for all land use notices which must be posted; and
WHEREAS, establishing a new Auburn City Code Chapter 1.27 entitled
"Posting Public Notices" contained in Auburn City Code Title 1 Entitled "General
Provisions" provides clarification regarding the posting of current land use
actions and provides for uniformity of size and readability of all land use notices
which are required to be posted;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
KING COUNTY, WASHINGTON, DO ORDAIN AS FOLLOWS:
Ordinance 5307
October22,1999
Page !
Section t. 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 be contained in Title 1 entitled "General Provisions" 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.
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 upon passage, approval
and publication shall take effect and be in force from and after January 1,2000.
O~inance 5307
October22,1999
Page 2
INTRODUCED: November 1, 1999
PASSED: November 1, 1999
APPROVED: Nover~ber 1, 1999
CHARLES A. BOO'IH
MAYOR
Al-rEST:
Danielle E. Daskam,
, City Clerk
A/RPROVED AS TO FORM:
Michael J. Reynolds,
City Attorney
PUBLISHED: //- ~"-' ? ~
Ordinance 5307
October 22, 1999
Page 3
CHAPTER 1.27
POSTING PUBLIC NOTICES :.~ r
Sections
1.27.010 Purpose
1.27.020 When required
1 .:~7.030 Definitions
t .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 and 18. The requirements of this
chapter do not replace the legal notice requirements already mandated by Titles 14, 16, 17 and
18.
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 mounting 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 III 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.
B. At th'~'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 during 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 right 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.
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.
~ .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.
B. A refundable deposit is required, for each board, to be paid at the time the mounting
boards are obtained from the City. Deposits for each type of mounting board are set forth in
Chapter 2.78 of the Auburn City Code.
The applicant/owner shall receive a full refund of the deposit if the board is still legible and not
damaged. If the board is not returned within 45 days of the date the City stipulates in section
1.27.040(B) the deposit shall be forfeited to the City.
~ .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.