Loading...
HomeMy WebLinkAbout6182ORDINANCE NO. 6 1 8 2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AMENDING SECTIONS 10.02.120, 12.64A.060, 13.41.070, 15.68.150, 19.04.080, RELATING TO APPEALS WHEREAS, the current provisions of the Auburn City Code provide various instances where appeals of decisions are heard by the Auburn City Council; and WHEREAS, in order to allow the City Council greater flexibility in addressing its legislative roles, and having more uninhibited contact with citizens and constituents, there is an advantage to having appeals heard by the hearing examiner and superior court, rather than the City Council. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN as follows: Section 1. Amendment to City Code. That section 10.02.120 of the Auburn City Code be and the same hereby is amended to read as follows: Commute Trip Reduction 10.02.120 Appeals A. Employers may file a written appeal of final administrative decisions regarding the following actions: 1. Rejection of an employer's proposed CTR program. 2. Denial of an employer's request for a waiver or modification of any of the requirements under this chapter or a modification of the employer's CTR program. 3. Denial of credits requested under ACC 10.02.110. B All appeals Appeals of the public works director's determinations made pursuant to this chapter must be filed with the city's public works department within 20 days after the final administrative decision is issued. Appeals shall be heard by the city's hearing examiner puFsuant in accordance with Chapter 18.66 ACC. Determinations on appeals shall be based on whether the decision Ordinance 6182 September 30, 2008 Page 1 of 8 being appealed was consistent with applicable state law and the Guidelines of the State Task Force. The hearing examiner's determination shall be final unless appealed to the Superior Court of the county in which the Employer's primary offices/facilities are located within the City of Auburn in accordance with the procedures in RCW Chapter 34.05.510 through 34.05.598, and with the appeal being filed with the city clerk within 30 days after issuance of the decision of the hearing examiner. (Ord. 5246 § 1 (Exh. A), 1999; Ord. 4602 § 2, 1993.) Section 2. Amendment to City Code. That section 12.64A.060 of the Auburn City Code be and the same hereby is amended to read as follows: Required Public Improvements 12.64A.060 Appeal and enforcement. A. The appeal Appeals of determinations by the city engineer made pursuant to this chapter shall be staff s-filed with the city's public works director within 20 working days after the final city engineer decision is issued. The public works director shall have 15 working days to review the appeal decide whether to uphold of modify the city engineer's decision and notify the applicant of such decision. B Appeals of decisions of the public works director made pursuant to this chapter shall be filed with the public works department within 20 working days after the date the notice of the public works director's decision. Appeals shall be heard by the city's hearing examiner pursuant to Chapter 18.66 ACC. Decisions of the hearing examiner shall be based on whether the decision being appealed was consistent with applicable state law and city codes. The hearing examiner's determination shall be final unless appealed as provided herein. C. Appeals of decisions of the hearing examiner under this chapter shall be final unless appealed to the Superior Court of the county in which the proposed public improvements are located within the City of Auburn which appeals shall be in accordance with the procedures in RCW Chapter 34.05.510 through 34.05.598: provided that the notice of appeal of the hearing examiner's decision shall be filed with the city clerk within 30 days after issuance of the decision of the hearing examiner. D. When appealing a determination under this chapter, at any stage of appeal, the applicant/appellant must indicate if the appeal pertains to: Al. The determination of the required improvements in the public right- of-way; 132. The determination to require or deny a deferral of said improvements; and/or Ordinance 6182 September 30, 2008 Page 2 of G3. The determination to require the payment of a fee in lieu for a deferral instead of an executed and recorded agreement. E. The associated building, grading or special permit shall not be issued until all appeals are concluded. (Ord. 6083 § 2, 2007.) Section 3. Amendment to City Code. That section 13.41.070 of the Auburn City Code be and the same hereby is amended to read as follows: Utility System Development Charges 13.41.070 Appeals. Appeals of the public works director's determinations made pursuant to this chapter shall be filed with the public works department and shall be heard by the city's hearing examiner pursuant to Chapter 18.66 ACC. Any peFsGR who is a written request deGGribing that POFt*E)R of the deri6iGR of the Gity engineer from whiGh the pemen appeals. The written appeal shall be filed withiR 30 days from the date of the issuanGe of the written deGiGiOR by the Gity eRgineeF. The pub!*G- GGRGUF6 with the Gity engineer, the appeal shall be forwarded to the Gity GounGil d"FeGtGF shall issue a wFitteR statement GontaiRiRg the publiG works department's deGiGion if the diFeGtGF's deGiGiGn duffers frorn the Gity engineer. if the per ?d by the deGision of the publiG works d*FeGtoF with FespeGt to their AV h the person appeals. The written appeal shall be filed within 30 days from the date of the 5E;6uanGe of the written deraision by the publiG works diFeGtE)r. The deGisien and the developer's reasons for appealing the deGiSion and shall makee determination on the appeal and may affiFm, modify or reje--t. the Determinations on appeals shall be based on whether the decision being appealed was consistent with applicable state law and city codes. The hearing examiner's determination shall be final unless appealed to the Superior Court of the county in which the property subject of the Utility System Development charges is located within the City of Auburn in accordance with the procedures in RCW Chapter 34.05.510 through 34.05.598, and with the appeal being filed with the city clerk within 30 Ordinance 6182 September 30, 2008 Page 3 of 8 days after issuance of the decision of the hearing examiner. (Ord. 5801 § 1, 2003; Ord. 4830 § 1, 1996; Ord. 4479 § 2, 1990; Ord. 3510 § 7, 1980.) Section 4. Amendment to City Code. That section 15.68.150 of the Auburn City Code be and the same hereby is amended to read as follows: Flood Hazard Areas 15.68.150 Duties and responsibilities of the city of Auburn -engineerii4g division. Duties of the city engineering-divisions regarding flood hazard areas shall include, but not be limited to: A. Permit Review. 1. Review all development permits to determine that the permit requirements of this chapter have been satisfied; 2. Review all development permits to determine that all necessary permits have been obtained from those federal, state or local governmental agencies from which prior approval is required; 3. Review all development permits to determine if the proposed development is located in the floodway. If located in the floodway, assure that the encroachment provisions of ACC 15.68.180 (A) are met. B. Use of Other Base Flood Data. When base flood elevation data has not been provided in accordance with ACC 15.68.080, the city engineering division shall obtain, review, and reasonably utilize any base flood elevation and floodway data available from a federal, state or other sources in order to administer ACC 15.68.170(A) and (B), and 15.68.180. C. Information to be Obtained and Maintained. 1. Where base flood elevation data is provided through the Flood Insurance Study or required as in ACC 15.68.150(B), obtain and record the actual elevation (in relation to mean sea level) of the lowest habitable floor (including basement) of all new or substantially improved structures, and whether or not the structure contains a basement; 2. For all new or substantially improved floodproofed structures: a. Verify and record the actual elevation (in relation to mean sea level), and b. Maintain the floodproofing certifications required in ACC 15.68.130(A)(3); 3. Maintain for public inspection all records pertaining to the provisions of this chapter. D. Alteration of Watercourses. Ordinance 6182 September 30, 2008 Page 4 of 8 1. Notify adjacent communities and the Department of Ecology prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Insurance Administration; 2. Require that maintenance is provided within the altered or relocated portion of said watercourse so that the flood-carrying capacity is not diminished. E. Interpretation of FIRM Boundaries. Make interpretations where needed as to exact location of the boundaries of the areas of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions). The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation. F. Appeals of determinations made pursuant to this chapter shall be filed with the city's public works director within 20 working days after the final city engineer decision is issued. The public works director shall have 15 working days to review the appeal, determine whether to uphold of modify the city engineer's decision, and notify the applicant of such determination. The decision of the public works director shall be final. The city engineer's and director's decision SuGh-appeals shall be granted consistent with the standards of Section 60.6 of the Rules and Regulations of the National Flood Insurance Program (44 CFR 59-76). (Ord. 4820 § 1, 1995; Ord. 4357 § 2(4.3), 1989.) Section 5. Amendment to City Code. That section 19.04.080 of the Auburn City Code be and the same hereby is amended to read as follows: Transportation Impact Fees 19.04.080 Appeals. A. Any feepayer may pay the impact fees imposed by this chapter under protest in order to obtain a building permit. Appeals regarding the impact fees imposed on any development activity may only be made by the feepayer of the property where such development activity will occur. No appeal submitted under protest shall be permitted unless and until the impact fees at issue have been paid. Alternatively, any feepayer may appeal the impact fees determined by the director without first paying the fees, providing the applicant is willing to provide a satisfactory security of the appealed fee amount in accordance with the requirements of ACC 17.08.010(A) prior to issuance of the building permit. Alternatively, any feepayer may appeal the impact fees determined by the public works director without first paying the fees providing the applicant is willing to postpone issuance of the building permit until after the appeal process when the revised final fee is known. Ordinance 6182 September 30, 2008 Page 5 of 8 GhapteF, Gan be appealed to the heaFing G^ Appeal shall he taken within 10 days of the dircntnr'o issuance of e appeal speGifying the gFounds + and deposRing the neGessaFy + whiGh indenenrdeRt fee n°In+,lation appeal, D. The heaFing examineF shall fix a time F the heaFing of the 18.66 AGG. At the heaFiRg, any paFty may appea, iii, pe-on OF by agent E) atterne J" The hearing +iimirr??r-?J-authorizzed tomake findings of faG Fegwding the appliGability of the impaGt fees to a given development aGtivity, the availability 9F amount of the Gredit, or the aGGUFaGy oF app"Gability of an , F. The hewing :nay, se long as SUGh artion is in GenformanGe with the PFOV*6*c)n6 Of thiS Ghapter, reverse 9F affirm, On whole 9F on of the imparat fees imposed ar the Gredit awarded upon a detwmination that it i6 propeF to do so based en pFinGiples of fairness, and may make SUGh neRtS, deG;6ion OF determination a6 ought to be made, aRd to that end GB. Appeals of the public works director's determinations made pursuant to this chapter shall be filed with the city's public works department and shall be heard by the city's hearing examiner pursuant to Chapter 18.66 ACC. Determinations on appeals shall be based on whether the decision being appealed was consistent with applicable state law and city codes. The hearing examiner's determination shall be final unless appealed An„ feen.war ?? to the Superior Court of the county in which the property subject of the Transportation Impact Fees is located within the City of Auburn in accordance with the procedures in RCW Chapter 34.05.510 through 34.05.598, and with the appeal being filed with the city clerk within 30 days after issuance of the decision of the hearing examiner. (Ord. 5763 § 1, 2003; Ord. 5506 § 1, 2001.) Ordinance 6182 September 30, 2008 Page 6 of 8 Section 6. Implementation. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation. Section 7. 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 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. Section 8. Effective date. This Ordinance shall take effect and be in force five days from and after its passage, approval and publication as provided by law. INTRODUCED: PASSED: OCT -6 2008 OCT -6 2008 APPROVED: OCT - 6 2008 `14-:Er OF AUJUJRN PETER B. LEWIS MAYOR ATTEST: anielle E. Daskam, City Clerk Ordinance 6182 September 30, 2008 Page 7 of 8 Ordinance 6182 September 30, 2008 Page 8 of 8 Published: `1 z-C -21