Loading...
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.