The URL can be used to link to this page

Home My WebLink About6442 ORDINANCE NO. 6 4 4 2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AMENDING SECTIONS 3.60 036, 3 94 090, 394 100, 394 120, 10 02.120, 12.24 090, 12.64A.060, 13 32A.130, 13 41 070, 15 76 040, 16 06 330, 16 08 080, 16.10 150, 16 10 160, 16 10 170, 17 06 030, 17 10 050, 17.20 030, 17.22.030, 18 46A.040, 18 49 090, 18.62.030, 18 62.080, 18.64 020, 18 64 055, 18 68 030, 18 70 050, 18 70 060, 18.76 130 AND 19 06 080 OF THE AUBURN CITY CODE, AND AMENDING AND RELOCATING CHAPTER 18 64 TO A NEW CHAPTER, 2.46 TO THE AUBURN CITY CODE, ALL RELATING TO THE OFFICE OF THE HEARING EXAMINER WHEREAS, from time to time, amendments to the City of Auburn zoning code are appropriate in order to update and better reflect the current development needs and standards of the City; and WHEREAS, the proposed zoning code amendments recodifies Chapter 18 66 — Hearing Examiner, moving it from Title 18 — Zoning and into Title 2 —Administrative and Personnel. It also amends the Chapter in several places to clarify the powers of the hearing examiner, what he or she is responsible for as well as amending the timelines in which written decisions by the hearing examiner are given., and WHEREAS, following proper notice, the City of Auburn Planning Commission held a public hearing on November 7, 2012, on the proposed code amendments regarding the Hearing Examiner; and WHEREAS, after fully considering the testimony and information presented at the public hearing, on November 7, 2012, the Planning Commission made its recommendations for code amendments to the City of Auburn City Council; and -------------------------------- Ordinance No. 6442 December 17 2012 Page 1 of 29 6Z to Z abed Z l0Z 'L l, jagwaoa4 Z"9 'ON a3ueulpJ0 anuanaJ xel sales salejaua6 legl eaje joo6 6u!pl!nq papuedxa jo mau saleajo legl s6u!pl!nq le!aawwoo 6wisixe ;o uo!suedxa jo jaleai6 jo laa; aienbs 000'92 s6ulpllnq lueoen 6ugs!xa ;o luawdolanapaJ Jo s6u!pllnq le!oiawwoo mau ;o uo!lonilsuoo aql of palelai Rllowip sesegojnd '(Ie!ojawwoo asn-pax!w) y-0 pue '(louls!p le!oaawwoo (neat') £-O '(odd jalueo uegjn umolumop pauoz Rliadoid jo; 'uoiloas slgl u! Jo; pap!noid se uo!ldwaxa ue jo; alq!6!la aje 'luawd!nbe jo tiau!goew Bons ;o uollellelsul jo uo!lonjlsuoo Bons of loadsaj ui pajapuaj saowas pue jogel jol apew se6jego jo jo sales uo jo 'uogellelsul tiau!goew jo 'luawdmbe paxg 'sleua;ew uo!lonj;suoo uo jaidego s!yl (q pasodw! xe; 9144 pled aneq ognn sselo ssau!snq 196jel alq ble agl ul saasegojnd 6umollol aql l,,V •uo!idwaxa xel sales uo!lonjisuoo 9£0.09•£ -smollo; se peal of papuawe awes agl pue aq apoo Apo wngny agl ;o 9£0 09 E uo!loaS 1e41 'apoo A410 01 luawpuauuy 6 uo!loag 'snnollo; se NIVCRJO Od 'NOiONIHS` AA 'NHnonv d0 1.110 3H1 dO 1IONnoo 1.110 3H1 '3�JOd32i3H1 'MON ssaooid nna!naJ luawdolanap s,Al!0 ayl sanadwi pue apoo Al!O agl ;o asn pue Al!l!gepeaj aql anoidwi sluawpuawe pasodoid agl leyl spu!; l!ounoZ) Al!O aql 'SV31:13HM pue 'sa!oua6e alels aaglo jo aaawwoO ;o luawliedad agl wa; pan!aoaa uaaq aneq sluawpuawe apoo 6u!uoz pasodoid aql 6u!pjebaj sluawwoo ou 'SV3201HM pue sna!naJ alels !ep-09 eql lo; pannbai se sa!oua6e alels jaglo pue 'saovuaS luawa6euen gwoj!D 'aaawwo0 ;o luawliedaa alelS u016u!gse/A agl of Was ajam sluawpuawe apoo 6u!uoz pasodoid agl '906 V0L 9£ MO2J of luensind 'SVDH3HM pue 'Z6OZ 'g� Alnr penss! (SN(I) aoueoy!u6!s-uou ;o uo!leu!wjalap leuq e ql!M (Vd3S) lo`d Ao!lod 1eluawuonnu3 alelS aql ;o sluawai!nbei aql gl!m aouepi000e ui palaldwoo uaaq seg lesodoid aql uo nna!naJ leluawuw!nua 'SV IaEIHM pue 'suo!lepuawwooai uo!ss!wwoO 6u!uueld agl paJap!suoo pue panna!naJ seg l!ounoO Al!o aql 'St/32i3HM 2. For property zoned downtown urban center (DUC), purchases directly related to the construction of new commercial buildings less than 25,000 square feet, or redevelopment of existing buildings less than 25,000 square feet, where the cost of the improvement is at least 25 percent of the current assessed value of the improvements on the property pursuant to the assessment records of King or Pierce County, as applicable. 3. For property zoned M-1 (light industrial district), M-2 (heavy industrial district) and EP (environmental park district), purchases directly related to the construction of new commercial buildings, redevelopment of existing buildings that result in a change of occupancy from warehouse use to manufacturing use, or redevelopment of existing buildings where the cost of the improvement is at least 25 percent of the current assessed value of the improvements on the property pursuant to the assessment records of King or Pierce County, as applicable B Beginning on the effective date of the ordinance codified in this section through a date four years after the effective date, a purchaser is eligible for an exemption specified under this section from the local sales and use tax paid under this chapter, as authorized under RCW 82 14 030(2), up to a maximum of 20 percent of taxes imposed and paid to the city of Auburn not to exceed $100,000.00 The purchaser is eligible for an exemption under this section in the form of a refund. C For purposes of this section, the following definitions apply - 1 "Change of occupancy" means a change of the purpose for which a building is used or intended to be used. The term shall also include the building or portion thereof in which such change of occupancy is made. Change of occupancy is not intended to include change of tenants or proprietors. 2. "Commercial building" means a structure that has, as its primary purpose, a commercial use as that term is defined in ACC 18.04.240 3 "Expansion" means to add to the floor area of a building. 4 'Purchaser" means a person or entity that is the recipient of a good or service D Eligible Target Business Classes. 1 The construction sales tax exemption specified in subsection (A)(1) of this section shall only apply to those businesses engaged in normal business activities under the following classifications of businesses occurring within the specified zoning designations: a. General Merchandise, Warehouse Club, SuperCenter — Sales Tax Classification Code 45291, b. Building Materials and Garden Home Center — Sales Tax Classification Code 44411, C. Electronics and Appliances — Sales Tax Classification Code 44311, d. Full Service Restaurants— Sales Tax Classification Code 722110; e. New and Used Automobile and Light Utility Truck Dealers — Sales Tax Classification Code 44110; f. Bowling Centers — Sales Tax Classification Code 713950; g. Motion Picture Theaters (excluding drive-in theaters) — Sales Tax Classification Code 512131, and h. Hotels — Sales Tax Classification Code 72110 2. The construction sales tax exemptions specified in subsections (A)(2) and (3) of this section shall apply to all businesses located in the DUC, EP, M-1, and M-2 zoning districts as set forth in those subsections. E. Application for Refund. 1 A purchaser claiming an exemption and applying for a refund under this section must pay the tax imposed by ACC 3.60 020 The purchaser may then apply to the city for a Ordinance No. 6442 December 17 2012 Page 3 of 29 refund in a form and manner prescribed by the city and shall submit information that the city deems adequate to justify the exemption, including but not limited to: a. Identification of the vendor/contractor; b. North American Industry Classification System (NAICS) code under which the tax was reported; C. Name and Unified Business Identifier (UBI) number of the vendor/contractor on the Combined Excise Tax Return filed with the state of Washington; and d. Detailed information supporting the amounts reported under the State Use and Sales Tax section of the above report for Location Codes 1702 and 2724 2. A purchaser may not apply for a refund under this section more frequently than once per quarter The purchaser must specify the amount of exempted tax claimed and the qualifying purchases for which the exemption is claimed. The purchaser must retain all records provided to the city in making its claim. 3. The city shall determine eligibility under this section based on the information provided by the purchaser, which is subject to audit verification by the city If the city verifies eligibility, it shall remit eligible taxes paid to the purchaser F Appeals. Any applicant aggrieved by an action of the city concerning eligibility or computation of remittance under this section may file a written appeal to the city's hearing examiner in accordance with Chapter 2.4616:66 ACC within 14 calendar days of receipt of the city's decision. The hearing examiner is specifically authorized to hear and decide such appeals and the decision of the hearing examiner shall be the final action of the city (Ord. 6376 § 2, 2011 ) Section 2. Amendment to City Code. That Section 3 94 090 of the Auburn City Code be and the same amended to read as follows. 3.94.090 Extension of conditional certificate — Required findings— Denial — Appeal. A. The conditional certificate may be extended by the director for a period not to exceed 24 consecutive months. The owner shall submit a written request stating the grounds for the extension together with a fee of $500 00 for the city's administrative cost to process the request. The director may grant an extension if the director finds that: 1 The anticipated failure to complete construction within the required time period is due to circumstances beyond the control of the owner; and 2. The owner has been acting, and could reasonably be expected to continue to act, in good faith and with due diligence; and 3. All the conditions of the original contract between the owner and the city will be satisfied upon completion of the project. B If an extension is denied, the director shall state in writing the reason for denial and shall send notice to the owner's last known address within 10 working days of the denial. An owner may appeal the denial of an extension to the hearing examiner by filing a notice of appeal with the city clerk within 14 calendar days after issuance of the notice of the denial. The appeal before the hearing examiner shall follow the provisions of Chapter 2.4616.66 ACC The hearing examiner's decision shall be the final decision of the city and is not subject to further appeal. (Ord. 5779 § 1, 2003.) Section 3. Amendment to City Code. That Section 3 94 100 of the Auburn City Code be and the same amended to read as follows Ordinance No. 6442 December 17 2012 Page 4 of 29 6Z 10 9 a6ed Z lOZ 'L l jagwaoaa Z"9 ON 93ueu1pJ0 -smollo; se peaj of papuawe awes ayl pue aq apoo A;!0 wngnV ay; ;o OZ6 176'£ uol;oag le41 'apo0 ;!O o;;uawpuawd •q uo!;oag ( £OOZ S § 6LL9 'PLO) 'uo!s!09p ay;;o Jaunno ay; of Apo ay; (q uo!;e011!1ou ;o s(ep 0£ UMP '(9)060 b6 b9 MOa ul pap!nad se '969'90 b£ gbnay; ol9 50 b£ AA08 ui pau!eluoo sainpeowd ay; o; 6u!pj000e lmoo jouadns R;unoo 6uiN ay; o; uo!spap s,jau!wexa 6uueay ay; leadde Rew jaumo aqi OOV 59- q Z Ja;de40 ui pau!e;uoo leadde jo; suo!s!no.id ay; Mollol Ileys jau!wexa 6uueay ay; aaolaq leadde ayl le!uap ay;;o ao!;ou aq;jo aouenssi ay; ja4e s(ep iepualeo j7 my;!m �jalo Alp ay; qpm leadde ;o 901;ou e 6u!l!; Aq jau!wexa 6uueay ay; of uo!s!oap s joloanp ay; leadde (ew jaumo ayl 0 jaldeyo s!yl japun uogdwaxa pepw!l ay;jol pa!;genb lou asmay;o s! (uadojd s jaumo ay; jo 'ja;deyo s!yl;o sluawannbai ayl pue Alp ay; pue jaumo ayl uaamlaq loej;uoo ayl yl!m aouep000e ui palaldwoo lou seen Jo 'uo!sualxa panoidde Rue jo pouad jea! -amyl pannbai ayl u!y;!nn pa;aldwoo ;ou sem pafad ay; ley; sau!wialap joloanp ayl;! a;eog!liao leu!; a al!; ;ou II!m p ay; ley; 6wlpm u! jaumo ay; (;!;ou Ileys jo;oanp ayl 3 6u!pjooaj jo; aleudadde swaap jo;oanp ay; se is;deyo sly; japun uogdwaxa jo; (;!l!q!6!le ;o suo!1!puoo pue swial yons Apluep! plan se (s);uawnoop jay;o yons jo '090 b6 £ OOV Japun pannbai Alp ay; qpm loealuoo ay; 'paleool s! (liadad ay; yolynn u! (lunoo ayl;o ao!;;o aleudadde ayl;o slomaj (liadad leaf ay; ui pmaa of siaumo Jo jaumo ay; ajmbaj o; jo papiooaj aq o; asneo of pazuoy;ne si joloanp ayl 3 uo!;oas s!yl;o O uo!;oesgns japun pap!nad pouad (ep-jepualeo-0£ ay;;o uogendxa ay;;o sAep iepualeo 0L u!yl!m jossasse ayl y;!nn uogdwaxa xel;o a;eo!;!jjao Ieug a al!; Ileys (lp ay; 'jaldeyo sly; ;o sluawannbai ay; pue (;p ayl pue aaumo ayl uaemlaq ;oej;uoo ay; yl!m aouepj000e ui palaldwoo uaeq sey ;oefad ay; ;ey; sau!wialap joloanp aq;;I 4 jaldeyo sly; ;o sluawannbai ay; (;s!;es s;uawanaidwi og!oads yoigm 'os ;! 'pue jaldeyo sly; japun uogdwaxa jol pa!;!lenb si ijom palaldwoo ayl ;o uo!liod a jo Ile jaylagm 'jaumo pue Alp ayl uaann;aq loeiluoo ayl y;!nn luals!suoo s! �jom pa;aldwoo ayl Jay;aqm auimalap lleys ioloanp ay; 'aleog!pao leu!; a jo; pannbai sleualew Ile ;o ;d!aoaj ;o s/ep iepualeo 0£ uiLWAA O 's;soo angeJls!wwpe s,l;p ay;Janoo 01 00 09$to aa; a R;!o ay; of (ed Ileys jaumo ayl uo!loas sly; japun ainipliao Ieug jol uo!;eo!Idde ;o aw!1 ayl 1V '9 pue 'uo!sua;xa panaidde (ue jo pouad jea!-amyl pannbai ay; u!yl!m palaldwoo seen iIaom ayl leyl luawalels V £ uogdwaxa ayl jo; uo!;eog!lenb ;o luawalels a pue �jom palaldwoo ay; ;o uo!;duosap V Z joloanp eoueu!; wngnV;o App ay; (q panoidde aq lleys luawalels yoigm 's;so0 ;oafoid lelo; bu!pnlou! 'X))adoid aa!;ua ay; of ;oadsai Lpm apew sajnl!puedxa Ie;o; ayl pue pun bu!snoy l!we;!;lnw yoea of loadsai y;!nn apew sajnl!puedxa ;o luawalels pappne uV I apnpui wnw!u!w a ;e Ileys yoigm 'a;eopiao Ieug ay; jo; 41!1!q!6!Ia alenlena o; In;asn jo tiessaoau weap Rew joloanp ay; se uogewiolui yons jo;oanp ayl yl!m al!; lleys jaumo ayl 'uogdwaxa xel ;o a;eog!liao Ieug a lsanbai Aew jaumo ayl 'panssi si aleo!;!liao Ajejodwal ou ;! (ouedn000 ;o aleog!liao ;uauewiad a jo ' (ouedn000 ;o a;eo!;!liao tiejodwal a ;o aouenssi uodn pue 'Alp ayl pue jaumo ay; ueann;ag ;oeiluoo ay; ui pap!noid se uogonilsuoo ay; ;o uo!laldwoo uodn V •leaddV— leluea — aouenss) — uolleollddIV— aleoilipeo leu!j 00VWC 3.94.120 Cancellation of tax exemption —Appeal. A. If at any time the director determines that the property no longer complies with the terms of the contract or with the requirements of this chapter, or the use of the property for any reason no longer qualifies for the tax exemption, the tax exemption shall be cancelled and additional taxes, interest and penalties imposed pursuant to state law B. If the owner intends to convert the multifamily housing to another use the owner must notify the director and the King County assessor within 60 days of the change in use Upon such change in use, the tax exemption shall be cancelled and additional taxes, interest and penalties imposed pursuant to state law C Upon determining that a tax exemption shall be cancelled, the director shall notify the property owner by certified mail, return receipt requested. The property owner may appeal the determination by filing a notice of appeal with the city clerk within 30 calendar days after issuance of the decision by the director, specifying the factual and legal basis for the appeal. The appeal before the hearing examiner shall follow the procedures set forth in ACC 2.4618.66 1400 through 2.464 8.66.160 At the appeal hearing, all affected parties may be heard and all competent evidence received. The hearing examiner shall affirm, modify, or repeal the decision to cancel the exemption based on the evidence received. The hearing examiner shall give substantial weight to the director's decision to cancel the exemption, and the burden of proof and the burden of overcoming the weight accorded to the director's decision shall be upon the appellant. An aggrieved party may appeal the hearing examiner's decision to the King County superior court in accordance with the procedures in RCW 34 05 510 through 34 05.598, as provided in RCW 84 14 110(2), within 30 days after issuance of the decision of the hearing examiner (Ord. 5779 § 1, 2003.) Section 5. Amendment to City Code. That Section 10 02.120 of the Auburn City Code be and the same amended to read as follows. 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. B 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 in accordance with Chapter 2.464866 ACC Determinations on appeals shall be based on whether the decision 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 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. 6218 § 1, 2010; Ord. 6182 § 1, 2008; Ord. 5246 § 1 (Exh. A), 1999; Ord. 4602 § 2, 1993 ) Section 6. Amendment to City Code. That Section 12.24 090 of the Auburn City Code be and the same amended to read as follows. -------------------------------- Ordinance No. 6442 December 17 2012 Page 6 of 29 12.24.090 Contest of city engineer's decision. Any person aggrieved by the granting or denying of a construction permit pursuant to this chapter shall have the right of review by the public works director as follows: A. All complaints filed pursuant to this section must be filed in writing with the public works director within 10 working days of the date of the decision being contested; B. All complaints filed pursuant to this section shall specify the error of law or fact, or new evidence which could not have been reasonably available at the time of the city engineer's decision, which shall constitute the basis of the complaint; C Upon receipt of a timely written notice of complaint, the public works director shall review the materials submitted and determine whether to uphold or modify the city engineer's decision. If in the public works director's judgment, the city engineer's decision should be amended in favor of resolving the complaint, he or she shall so direct the same. If the director upholds the city engineer's decision, he or she shall prepare a written staff paper detailing the rationale of the city engineer's decision and findings of fact for conduct of a hearing by the hearing examiner; D The public works director shall schedule the hearing before the hearing examiner in accordance with ACC 1.25 090 and Chapter 2.464 8.66 ACC and notify the contesting party of the scheduled hearing in accordance with ACC 18 70 040. (Ord. 5677 § 4, 2002; Ord. 5042 § 1 (Exh. C), 1998.) Section 7. Amendment to City Code. That Section 12.64A.060 of the Auburn City Code be and the same amended to read as follows 12.64A.060 Appeal and enforcement. A. Appeals of determinations by the city engineer 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, 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 of the notice of the public works director's decision. Appeals shall be heard by the city's hearing examiner pursuant to Chapter 2.4618.66 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 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. 1 The determination of the required improvements in the public right-of-way; 2. The determination to require or deny a deferral of said improvements; and/or 3. 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. 6182 § 2, 2008; Ord. 6083 § 2, 2007 ) Ordinance No. 6442 December 17 2012 Page 7 of 29 Section 8. Amendment to City Code. That Section 1332A.130 of the Auburn City Code be and the same amended to read as follows 13.32A.130 City project process and requirements. A. City Responsibilities. 1 When service from underground electric and telecommunication utility facilities becomes available in all or part of a conversion area, the city engineer shall issue a directive to the owners of all structures or improvements with service connections to the existing or temporary overhead utility facilities in the area by means of mailing a certified notice stating that: a. Service from the underground utility facilities is available, b. To facilitate completion of the city's project, all electric and telecommunication service connections from the existing aerial utility facilities within the area to any structure or improvement must be decommissioned, disconnected and removed within 90 calendar days after the date of mailing; C. Should such owner fail to complete conversion of such service connections from the aerial system to the underground system within 90 calendar days after the date of mailing, the city will order the electric and telecommunication utilities to disconnect and remove the service connections; d. The owner may object to the disconnection and removal of the service lines as provided in subsection D of this section. 2. Time in consummating such connection and disconnection of aerial services is of the essence and such notice to the property owner or occupant of the affected premises may be mailed. B Property Owner's Responsibilities. 1 Such conversion of the service connection, including installation of any underground service connections, shall be completed within 90 calendar days of the city's mailing set forth in subsection A of this section and RCW 35.96 050 that service from the underground utility facilities is available. 2. Property owners wishing to discontinue utility service shall provide written notice of that intent to the city engineer within 30 calendar days of receipt of the city engineer's notice that the underground system is available for service. 3. If the owner of any structure or improvement with a service connection to an existing aerial electric and/or telecommunication utility facility within a conversion area fails to convert the service connection from aerial to underground service within 90 calendar days after the date of the mailing of the notice set forth in subsection A of this section, the city engineer shall order the electric and/or telecommunication utilities to disconnect and remove all such service connection; provided, that if the owner has filed written objections to such disconnection and removal with the city clerk within 30 calendar days after the mailing, then the city shall not order such disconnection and removal until after the appeal hearing on such objections. C Financial Responsibilities. 1 For city projects, the cost of relocating existing utility aerial distribution facilities shall be borne by the serving utility and the city in accordance with the filed tariffs or franchise agreement. In absence of a filed tariff or franchise agreement, the cost of the relocation of existing aerial distribution facilities shall be borne by the serving utility 2. For city projects, the undergrounding of the service connections for real property served by the aerial electric or telecommunication utility facilities that are being relocated underground shall be at the owner(s)'s expense, including: -------------------------------- Ordinance No. 6442 December 17 2012 Page 8 of 29 a. Decommission, disconnect, and remove the service connections from those utility facilities to any structures or improvements located on the property b. Either install underground service connections to those structures/improvements on the property or, upon approval of the city engineer, discontinue utility service to one or more of the structures/improvements on the property 3 All such conversion of utility facilities to underground facilities may be undertaken by local improvement district or as otherwise permitted by law and as further authorized by RCW 35.96.030 and 35.96.040 D Appeal Procedures. 1 A property owner may object to the disconnection and removal of an aerial service connection by filing a written objection thereto with the city clerk within 30 calendar days after the date of the mailing of the notice set forth in subsection A of this section. Failure to object within such time will constitute a waiver of the owner's right thereafter to object to such disconnection and removal. 2. Upon the timely filing by the owner of an objection, the owner shall have the right to file an appeal of the city engineer's directive, which shall be heard by the city of Auburn hearing examiner 3 All appeals filed pursuant to this section must be filed in writing with the public works director within 10 working days of the filing date of the owner's written objection and shall specify the error of law or fact, or new evidence which could not have been reasonably available at the time of the city engineer's decision, which shall constitute the basis of the complaint. 4 Upon receipt of a timely written appeal, the public works director shall review the materials submitted and prepare a written staff report detailing the rationale of the city engineer's directive and findings of fact for the hearing examiner 5. The public works director shall schedule the hearing in accordance with Chapter 2.46 66 ACC and notify the contesting party of the scheduled hearing. (Ord. 6238 § 2, 2009 ) Section 9. Amendment to City Code. That Section 13 41 070 of the Auburn City Code be and the same amended to read as follows. 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 2.46 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 to the superior court of the county in which the property subject to the utility system development charges is located within the city of Auburn, in accordance with the procedures in RCW 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. 6391 § 1, 2011, Ord. 6341 § 1, 2011, Ord. 6182 § 3, 2008; Ord. 5801 § 1, 2003; Ord. 4830 § 1, 1996, Ord. 4479 § 2, 1990, Ord. 3510 § 7, 1980.) Section 10. Amendment to City Code. That Section 15 76 040 of the Auburn City Code be and the same amended to read as follows. Ordinance No 6442 December 17 2012 Page 9 of 29 15.76.040 Appeal procedure. A. Any person aggrieved by a decision of the commission designating or rejecting a nomination for designation of a landmark or issuing or denying a certificate of appropriateness may, within 35 calendar days of mailing notice of such designation or rejection of nomination, or of such issuance or denial or approval of a certificate of appropriateness, appeal such decision in writing to the hearing examiner pursuant to Chapter 2.4648.66 ACC The written notice of appeal shall be filed with the planning director and shall be accompanied by a statement setting forth the grounds for the appeal, supporting documents, and argument. B If, after examination of the written appeal and the record, the examiner determines that: 1 An error in fact may exist in the record, it shall remand the proceeding to the commission for reconsideration or, if the city council determines that: 2. The decision of the commission is based on an error in judgment or conclusion, it may modify or reverse the decision of the commission. C The examiner's decision shall be based solely upon the record; provided, that the examiner may at his or her discretion publicly request additional information of the appellant, the commission or the planning director D The examiner shall take final action on any appeal from a decision of the commission by entering written findings of fact and conclusions of law from the record and reasons therefrom which support its action. The examiner may adopt all or portions of the commission's findings and conclusions. E. The decision of the examiner is final unless an appeal is filed pursuant to ACC 18.66 160 An appeal may also be filed by the King County landmarks and heritage commission to the planning director, who will forward the appeal to the city council. F The action of the city council sustaining, reversing, modifying or remanding a decision of the examiner shall be final unless within twenty calendar days from the date of the action an aggrieved person obtains a writ of certiorari from the superior court of King or Pierce County, state of Washington, for the purpose of review of the action taken. (Ord 5212 § 1 (Exh. M), 1999; Ord. 4733 § 2, 1995 ) Section 11. Amendment to City Code. That Section 16 06 330 of the Auburn City Code be and the same amended to read as follows. 16.06.330 City Council review— Limitations for appeals. A. The decision of the hearing examiner on a threshold determination appeal may be appealed to the superior court in the county in which the subject property is located, which appeal shall be in accordance with the provisions of RCW 43.21C 060 and 43.21C 075. Any such appeal allowed by RCW 43.21C 060 and 43.21C 075 must be brought within the time limits specified in ACC 2:4648 66 469-. B. Such citVcouncil review shall be conducted on the record compiled by the hearing examiner, consistent with other applicable law (Ord. 6186 § 2, 2008; Ord. 4840 § 1, 1996.) Section 12. Amendment to City Code. That Section 16 08 080 of the Auburn City Code be and the same amended to read as follows. ------------------------------- Ordinance No. 6442 December 17 2012 Page 10 of 29 16.08.080 Application — Hearing — Required. A. The hearing examiner shall hold at least one public hearing on each application for a shoreline substantial development permit, shoreline conditional use permit, or shoreline variance on shorelines within the city The public hearing shall be held not less than 30 days following the final publication of the notice required by ACC 16 08.050. B The notice and conduct of the public hearing shall be in accordance with Chapter ?.464Z-.66 ACC (Ord. 6235 § 1, 2009; Ord. 6095 § 1, 2008; Ord. 4840 § 1, 1996; Ord. 4225 § 1, 1987, 1957 code § 11 94 050(a).) Section 13. Amendment to City Code. That Section 16 10 150 of the Auburn City Code be and the same amended to read as follows 16.10.150 Reasonable use provision. A. The standards and requirements of these regulations are not intended, and shall not be construed or applied in a manner, to deny all reasonable use of private property If an applicant demonstrates to the satisfaction of the hearing examiner that strict application of these standards would deny all reasonable use of a property, development may be permitted subject to appropriate conditions. B. Applications for a reasonable use exception shall be processed as a Type III decision, pursuant to ACC 14 03.030 and Chapter 2.4618.66 ACC C An applicant for relief from strict application of these standards shall demonstrate that all of the following criteria are met: 1 No reasonable use with less impact on the critical area and its buffer is possible. There is no feasible and reasonable on-site alternative to the activities proposed, considering possible changes in site layout, reductions in density and similar factors, that would allow a reasonable and economically viable use with fewer adverse impacts; 2. The proposed activities, as conditioned, will result in the minimum possible impacts to affected critical areas; 3 All reasonable mitigation measures have been implemented or assured; 4 The inability to derive reasonable use is not the result of the applicant's actions or that of a previous property owner, such as by segregating or dividing the property and creating an undevelopable condition; and 5 The applicant shall demonstrate that the use would not cause a hazard to life, health or property D The burden of proof shall be on the applicant to provide evidence in support of the application and to provide sufficient information on which any decision has to be made. E. Approval of a reasonable use exception shall not eliminate the need for any other permit or approval otherwise required for a proposal by applicable city codes. F Except when application of this title would deny all reasonable use of a site, an applicant who seeks an exception from the regulations of the title shall pursue a variance as provided in ACC 16 10 160 (Ord. 5894 § 1, 2005.) Section 14. Amendment to City Code. That Section 16 10 160 of the Auburn City Code be and the same amended to read as follows: -------------------------------- Ordinance No. 6442 December 17, 2012 Page 11 of 29 16.10.160 Variances. Applications for variances to the strict application of the terms of this chapter to a property may be submitted to the city Minor variances, defined as up to and including 10 percent of the requirement, may be granted by the director as a Type II decision as defined by Chapter 14 03 ACC Variances requests which exceed 10 percent may be granted by the hearing examiner as a Type III decision, pursuant to ACC 14 03.030 and Chapter 2.4618 66 ACC Approval of variances from the strict application of the critical area requirements shall conform to the following criteria: A. There are unique physical conditions peculiar and inherent to the affected property which makes it difficult or infeasible to strictly comply with the provisions of this section; B. The variance is the minimum necessary to accommodate the building footprint and access; C The proposed variance would preserve the functions and values of the critical area, and/or the proposal does not create or increase a risk to the public health, safety and general welfare, or to public or private property; D The proposed variance would not adversely affect surrounding properties adjoining; E. Adverse impacts to critical areas resulting from the proposal are minimized; and F The special circumstances or conditions affecting the property are not a result of the actions of the applicant or previous owner (Ord. 5894 § 1, 2005 ) Section 15. Amendment to City Code. That Section 16 10 170 of the Auburn City Code be and the same amended to read as follows. 16.10.170 Special exception for public agencies and utilities. A. If the application of this chapter would prohibit a development proposal by a public agency or public utility, the agency or utility may apply for an exception pursuant to this section. B. Exception Request and Review Process. An application for a public agency and utility exception shall be made to the city and shall include a critical area identification form; critical area report, including mitigation plan, if necessary, and any other related project documents such as permit applications to other agencies, special studies, and environmental documents prepared pursuant to the State Environmental Policy Act (Chapter 43.21C RCW). The director shall prepare a recommendation to the hearing examiner based on review of the submitted information, a site inspection, and the proposal's ability to comply with public agency and utility exception review criteria in subsection D of this section. C Hearing Examiner Review The hearing examiner shall review the application and director's recommendation, and conduct a public hearing pursuant to the provisions of Chapter 2.4618-,66 ACC The hearing examiner shall approve, approve with conditions, or deny the request based on the proposal's ability to comply with all of the public agency and utility exception criteria in subsection D of this section. D Public Agency and Utility Review Criteria. The criteria for review and approval of public agency and utility exceptions follow - 1 There is no other practical alternative to the proposed development with less impact on critical areas; 2. The application of this chapter would unreasonably restrict the ability to provide utility services to the public; Ordinance No. 6442 December 17 2012 Page 12 of 29 3. The proposal does not pose an unreasonable threat to the public health, safety, or welfare on or off the development proposal site; 4 The proposal attempts to protect and mitigate impacts to the critical area functions and values consistent with other applicable regulations and standards. E. Burden of Proof The burden of proof shall be on the applicant to bring forth evidence in support of the application and to provide sufficient information on which any decision has to be made on the application. (Ord. 5894 § 1, 2005.) Section 16. Amendment to City Code. That Section 17 06 030 of the Auburn City Code be and the same amended to read as follows. 17.06.030 Administrative review A boundary line adjustment shall be reviewed in accordance with ACC Title 14 as a Type I decision. A. The planning director shall forward copies of the proposed boundary line adjustment plan to the building official, public works department and fire authority, who shall review the plan and submit comments to the planning director B. Following receipt of the comments of those consulted under subsection A of this section, the planning director shall approve or deny the requested boundary line adjustment. Following a decision, the director shall notify the applicant to file a final Mylar drawing for signatures. The Mylar shall be transmitted to the appropriate county office for recording. The boundary line adjustment must be recorded within 30 days or the boundary line adjustment shall be null and void. A recorded Mylar copy shall be provided to the city C An aggrieved person may appeal the director's decision on a boundary line adjustment, within 14 days of mailing the director's decision, to the hearing examiner, in accordance with procedures prescribed in ACC 18.70 050(B) through (E) The hearing examiner's decision shall be final unless appealed to superior court as prescribed in ACC 2.464 .160 (Ord. 6239 § 1, 2009; Ord. 6186 § 14, 2008; Ord. 6061 § 5, 2006, Ord. 6006 § 4, 2006, Ord. 5170 § 1 1998; Ord. 4840 § 1, 1996, Ord. 4296 § 2, 1988 Formerly 17 16 030) Section 17. Amendment to City Code. That Section 17 10 050 of the Auburn City Code be and the same amended to read as follows 17 10.050 Hearing examiner review of preliminary plats. A. Pursuant to the provisions of Chapter 2.4648.66 ACC, the hearing examiner shall within 14 calendar days of the closure of the public hearing approve deny, or approve with conditions the preliminary plat. The hearing examiner shall not recommend approval of the preliminary plat unless he finds the proposed subdivision is in conformance with the findings of fact as outlined in ACC 17 10 070. B. Pursuant to the provisions of ACC 2.4618:66.150, the planning director or any interested party affected by the recommendation of the examiner who asserts that the hearing examiner based that recommendation on an erroneous procedure, errors of law or fact, error in judgment, or the discovery of new evidence which could not be reasonably available at the prior hearing may make a written request for review by the examiner within seven calendar days after the written decision of the examiner has been rendered. The request for reconsideration shall set forth the specific errors relied upon by such appellant, and the examiner may, after review of the record, take further action as the examiner deems proper The examiner may request further Ordinance No. 6442 December 17, 2012 Page 13 of 29 information which shall be provided within 14 calendar days of the examiner's request. The examiner's written decision on the request for consideration shall be transmitted to all parties of record within 14 calendar days of receipt of the request for reconsideration or receipt of the additional information requested, whichever is later (Ord. 6418 § 6 2012, Ord. 6239 § 1 2009; Ord. 6186 § 4, 2008, Ord. 5140 § 1, 1998; Ord. 4840 § 1, 1996, Ord. 4296 § 2, 1988. Formerly 1706.050 ) Section 18. Amendment to City Code. That Section 17.20 030 of the Auburn City Code be and the same amended to read as follows. 17.20.030 Public hearing. The hearing examiner shall conduct a public hearing pursuant to ACC 2.4618.66.130 on the application for an alteration and may approve or deny the application for alteration of the subdivision after determining the public use and interest to be served by the alteration of the subdivision. (Ord. 6239 § 1, 2009; Ord. 6186 § 17, 2008; Ord. 4296 § 2, 1988. Formerly 17.22 030.) Section 19. Amendment to City Code. That Section 17.22.030 of the Auburn City Code be and the same amended to read as follows. 17.22.030 Public hearing. The hearing examiner shall conduct a public hearing pursuant to ACC 2.4648.66 130 on the application for a vacation and may recommend to the citycouncil to approve or deny the application for vacation of the subdivision after determining the public use and interest to be served by the vacation of the subdivision. The citycouncil shall adopt by ordinance any approval of a vacation pursuant to this chapter (Ord. 6239 § 1, 2009; Ord. 4296 § 2, 1988. Formerly 17.20.030.) Section 20. Amendment to City Code. That Section 18 46A.040 of the Auburn City Code be and the same amended to read as follows. 18.46A.040 Appeals of decisions. Appeals of administrative decisions issued under the provisions of this chapter shall be made to the city of Auburn hearing examiner in accordance with the provisions of Chapter 2.4648-66-ACC, as amended. Appeals of the hearing examiner decision may be appealed in accordance with applicable provisions of Chapter 2.461 66 ACC (Ord. 6268 § 2, 2009.) Section 21. Amendment to City Code. That Section 18 49 090 of the Auburn City Code be and the same amended to read as follows. 18.49.090 Appeals. Appeals of administrative decisions regarding eligibility for flexible development shall be made to the hearing examiner as outlined in Chapters 2.4618.66 and 18 70 ACC (Ord. 6245 § 19, 2009 ) ------------------------------- Ordinance No. 6442 December 17, 2012 Page 14 of 29 Section 22. Amendment to City Code. That Section 18 62.030 of the Auburn City Code be and the same amended to read as follows. 18.62.030 Permit. Any surface mining of material shall only be allowed after a surface mining operations permit has been issued, after a public hearing. A request for a surface mining operations permit shall be heard by the hearing examiner in accordance with the provisions of Chapter 2.4618.66 ACC The hearing examiner's approval of the permit may require mitigating conditions of approval as well as financial guarantees to ensure compliance with the permit and the provisions of this chapter The hearing examiner's determination shall be final unless appealed to the superior court in which the subject property is located, and which appeal shall be in accordance with the procedures in RCW 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 Determinations on appeals shall be based on whether the decision being appealed was consistent with applicable state law and city codes. Section 23. Amendment to City Code. That Section 18 62.080 of the Auburn City Code be and the same amended to read as follows. 18.62.080 Years of operation. A. At the initial approval of an operations permit a master permit will be given for the lifetime of the mineral resource at the mining site. These mines must be located within the city's comprehensive plan designated mineral resource areas. Mines located outside the city's comprehensive plan designated mineral resource areas may be granted a permit for up to 10 years and may be renewed but will be treated as a new application. B Operations under a master permit must be reviewed by the planning director at the end of each subsequent 10 years. The operator of the mine must submit to the planning director, at least six months prior to the end of each 10-year period, evidence that the mining operation is in compliance with the conditions of the master permit and the standards contained within this chapter This evidence shall include the submittal of the existing topography in a computer disk form that is compatible with the city's system. The operator shall also provide an estimate of the amount of material that has been removed, an estimate of when mining is to be complete, identification of any areas where mining has been completed and whether restoration has begun or is anticipated to begin. C The master permit shall remain in effect if it is found the operations are in compliance with the conditions of the master permit, the standards contained within this chapter, and there have been no significant adverse impacts that have occurred that were not previously identified and effectively mitigated. D If the planning director determines that operations are not in compliance with the conditions of the master permit or the standards contained within this chapter, or that significant adverse impacts have resulted from the operation and have not been mitigated, then the planning director shall so advise the mining operator in writing within 90 days from receipt of the materials provided by the mining operator under subsection B of this section. If the planning director determines that operations are not in compliance with the conditions of the master permit, the planning director shall advise the mining operator of any noncompliance and proposed corrections/revisions, including a time frame during which such corrections/revisions -------------------------------- Ordinance No. 6442 December 17, 2012 Page 15 of 29 are to be made If significant adverse impacts have occurred that were not previously identified and mitigated, the planning director shall advise the mining operator of any required corrections/revisions to the master permit to include such mitigation. If new operation standards have been adopted pursuant to this chapter the planning director shall advise the mining operator of any required revisions to the master permit to reflect the new standards, if determined applicable and practical by the planning director The mining operator shall have 90 days from receipt of the planning director's notice under this subsection to make the required corrections/revisions or to appeal the planning director's decision to the hearing examiner pursuant to Chapter 2.4619.66 ACC The hearing examiner may affirm, modify, or disaffirm the planning director's determination. If the mining operator does not appeal the planning director's determination then the mining operator shall make the corrections/revisions proposed by the planning director and the master permit shall be modified to incorporate the revisions/corrections. If the mining operator does not make the corrections/revisions as required by the city then the building official shall proceed with enforcement action under Chapter 1.25 ACC E. If permits for mines located outside the city's comprehensive plan designated mineral resource area are not renewed then the surface mining operations shall cease and the mine reclaimed pursuant to the requirements of Chapter 78.44 RCW (Ord. 5060 § 1, 1998 ) Section 24. Amendment to City Code. That Section 18 64 020 of the Auburn City Code be and the same amended to read as follows. 18.64.020 Process. A. Administrative Use Permits. An application for an administrative use permit shall be reviewed in accordance with ACC Title 14 as a Type II decision, subject to the additional provisions of this section. The planning director or designee shall make the final decision unless the application is forwarded to the hearing examiner pursuant to subsection (A)(2) of this section, in which case the hearing examiner will make the final decision. 1 Additional Public Notice Requirements. Administrative use permits for uses in the following zones shall be subject to the additional public notice requirements in subsections (A)(1)(a) and (b) of this section: R-C residential conservancy zone, C-N neighborhood shopping district, C-1 light commercial district, C-2 neighborhood business district, C-3 heavy commercial district, M-1 light manufacturing district, M-2 heavy manufacturing district, BP business park district: a. The mailing radius requirement of ACC 14 07 040(A) shall be increased to 500 feet; and b. In addition to the methods of providing notice required by ACC 14.07 040 public notice shall be posted on the city's website 2. Following the public comment period provided for in ACC Title 14, the planning director or designee shall: a. Review the information in the record and render a decision pursuant to the procedural requirements of ACC Title 14, or b. Within 10 days following the close of the public comment period, forward the application to the hearing examiner for a public hearing and final decision in accordance with Chapter 2.4648.66 ACC if the planning director or designee determines that one or more of the following exists: i. Public comments indicate a substantial degree of concern, controversy, or opposition to the proposal; or Ordinance No. 6442 December 17 2012 Page 16 of 29 ii. A public hearing is necessary to address issues of vague, conflicting, or inadequate information; or iii. The application raises a sensitive or controversial public policy issue; or iv A public hearing might clarify issues involved in the permit decision. C. When a public hearing before the hearing examiner is deemed necessary by the planning director or designee: L The city shall provide written notice to the applicant within 10 days following the closing of the public comment period that the application is being forwarded to the hearing examiner for public hearing and decision pursuant to the procedural requirements of this chapter The notice shall specify the reason the application is being forwarded to the hearing examiner; ii. Processing of the application shall not proceed until any supplemental permit review fees set forth in the city of Auburn fee schedule are received; and iii. The application shall be deemed withdrawn if the supplemental fees are not received within 30 days of the applicant notification by the city B Conditional Use Permits. An application for a conditional use permit shall be reviewed in accordance with ACC Title 14 as a Type III decision. A request for a conditional use permit shall be heard by the hearing examiner in accordance with the provisions of Chapter 2.4618:66 ACC The hearing examiner shall make the final decision. C When a proposal includes more than one element that require administrative use and/or conditional use approval, the following review processes shall apply - 1 For proposals with multiple administrative use elements, a single administrative use permit application will be required; provided, that findings of fact pursuant to ACC 18.64 040 are made for each element. 2. For proposals with administrative and conditional use elements, a single conditional use permit application will be required; provided, that findings of fact pursuant to ACC 18 64 040 are made for each element. (Ord. 6269 § 22, 2009, Ord. 6185 § 5, 2008; Ord. 5811 § 6, 2003; Ord. 4875 § 1, 1996, Ord. 4840 § 1, 1996, Ord. 4304 § 1(45), 1988; Ord. 4229 § 2, 1987 ) Section 25. Amendment to City Code. That the Section 18 64 055 of the Auburn City Code be and the same amended to read as follows. 18.64.055 Appeals. A. Administrative Use Permits. Any affected party may appeal the planning director's final decision to the hearing examiner as provided for in Chapters 14 13 and 18.70 ACC If the planning director forwards an application to the hearing examiner for a public hearing and decision pursuant to ACC 18 64 020(A)(2)(b), a request for reconsideration and/or appeal of the hearing examiner's final decision may be submitted as provided for in Chapter 2.4648 66 ACC The planning director's decision to forward an application to the hearing examiner for public hearing and decision may not be appealed. B. Conditional Use Permits. Any affected party may submit a request for reconsideration and/or appeal the hearing examiner's final decision as provided for in Chapter 2.466 ACC (Ord. 6269 § 22, 2009.) Ordinance No. 6442 December 17, 2012 Page 17 of 29 Section 26. Amendment to City Code. That the code section reference in Section 18 68 030 of the Auburn City Code be and the same amended to read as follows. 18.68.030 Public hearing process. A. Text Amendments. With the exception of purely administrative or procedural amendments, the planning commission shall conduct at least one public hearing on all amendments to this title. The planning commission shall make a recommendation to the city council who may or may not conduct a public hearing. B. Zoning Map Amendments. 1 Rezones Initiated by an Applicant Other Than City All applications for a rezone shall be reviewed by the planning director prior to the scheduling of a public hearing. After review of the application, the director shall determine which of the following two processes should occur to properly hear the rezone. a. If the rezone is consistent with the comprehensive plan, then the hearing examiner shall conduct a public hearing on the rezone and make a recommendation to the city council pursuant to ACC 2.46x-8.66.170; b. If the rezone is in conflict with the comprehensive plan, or there are no policies that relate to the rezone, or the policies are not complete, then a comprehensive plan amendment must be approved by the city council prior to the rezone being scheduled for a public hearing in front of the hearing examiner The planning commission shall conduct a public hearing on the comprehensive plan amendment and make a recommendation to the city council. 2. Areawide Zoning and Rezoning, Initiated by the City The planning commission shall conduct a public hearing and make a recommendation to the city council. If applicable a comprehensive plan amendment may also be processed. C City Council Decision. The city council may affirm, modify or disaffirm any recommendation of the planning commission or hearing examiner with regard to amendments of the text or map of this title. (Ord. 6198 § 4, 2008; Ord. 4840 § 1, 1996, Ord. 4229 § 2, 1987 ) Section 27. Amendment to City Code. That Section 18.70 050 of the Auburn City Code be and the same amended to read as follows. 18.70.050 Administrative appeals. Appeals from any administrative decision made under this title may be appealed to the hearing examiner pursuant to Chapter 2.46 66 ACC A. Any person wishing to appeal an administrative decision shall first render in writing a request for an administrative decision from the appropriate city official. The city official shall issue in writing a decision within five working days of the written request. B If the requester seeks to appeal that decision to the hearing examiner, any such appeal shall be filed with the planning director within 14 days of mailing the city's written decision. The city shall extend the appeal period for an additional seven days for appeals that are accompanied by a final mitigated determination of nonsignificance or final EIS. C The planning director shall notify any other city official that may be affected by the appeal. -------------------------------- Ordinance No. 6442 December 17, 2012 Page 18 of 29 D The appeal shall then be processed in the same manner as any other application for a hearing examiner decision pursuant to Chapter 2.4619.66 ACC E. The examiner shall conduct a public hearing pursuant to ACC 18.70.040 and consider any facts pertinent to the appeal. The examiner may affirm the decision, remand for further proceedings, or reverse the decision if the decision is: 1 In violation of constitutional provisions, 2. In excess of the authority of the official; 3 Made upon an unlawful procedure, 4 Affected by other error of law; 5 Clearly erroneous, or 6. Arbitrary or capricious. (Ord. 4840 § 1, 1996, Ord. 4229 § 2, 1987 ) Section 28. Amendment to City Code. That Section 18 70 060 of the Auburn City Code be and the same amended to read as follows. 18.70.060 Appeal of hearing examiner's decision. The hearing examiner's decisions may be appealed to superior court in the manner prescribed by Chapter 2.4618.66 ACC (Ord. 6185 § 10, 2008; Ord. 4840 § 1, 1996, Ord. 4229 § 2, 1987 ) Section 29. Amendment to City Code. That Section 18 76 130 of the Auburn City Code be and the same amended to read as follows. 18.76.130 Hearing examiner review Pursuant to the provisions of Chapter 2.46-18.66 ACC the hearing examiner shall conduct a public hearing on all requests for a major amendment to a PUD The examiner's decision shall be in the form of a recommendation to the city council. (Ord. 5092 § 1, 1998.) Section 30. Amendment to City Code. That Section 19 06 080 of the Auburn City Code be and the same amended to read as follows. 19.06.080 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 14 010(A) prior to issuance of the building permit. Alternatively, any feepayer may appeal the impact fees determined by the director without first paying the fees, provided the applicant is willing to postpone issuance of the building permit until after the appeal process when the revised final fee is known. B. Determinations of the director with respect to the applicability of the impact fees to a given development activity, the availability or value of a credit, or the director's decision with respect to the independent fee calculation, or any other determination which the director is authorized to make pursuant to this chapter can be appealed to the hearing examiner Ordinance No. 6442 December 17 2012 Page 19 of 29 C Appeals shall be taken within 10 days of the director's issuance of a written determination by filing with the office of the hearing examiner a notice of appeal specifying the grounds thereof and depositing the necessary fee, which is set forth in the existing fee schedules for appeals of administrative decisions. The director shall transmit to the office of the hearing examiner all papers constituting the record for the determination, including, where appropriate, the independent fee calculation. D The hearing examiner shall fix a time for the hearing of the appeal, give notice to the parties in interest, and decide the same as provided in Chapter 2.4648.66 ACC At the hearing, any party may appear in person or by agent or attorney E. The hearing examiner is authorized to make findings of fact regarding the applicability of the impact fees to a given development activity, the availability or amount of the credit, or the accuracy or applicability of an independent fee calculation. The decision of the hearing examiner shall be final, except as provided in subsection (G) of this section. F The hearing examiner may, so long as such action is in conformance with the provisions of this chapter, reverse or affirm, in whole or in part, or may modify the determinations of the director with respect to the amount of the impact fees imposed or the credit awarded upon a determination that it is proper to do so based on principles of fairness, and may make such order, requirements, decision or determination as ought to be made, and to that end shall have the powers which have been granted to the director by this chapter G Any feepayer aggrieved by any decision of the office of the hearing examiner may appeal the hearing examiner's final decision as provided in Chapter 2.46486 ACC (Ord. 6341 § 4, 2011, Ord. 5977 § 1 2005.) Section 31. Relocation and Amendment to City Code That Chapter 18 66 is amended and recodified as a New Chapter, 2.46 of the Auburn City Code to read as follows. Chapter 2.4648.66 HEARING EXAMINER Sections: 2.4648. 6.010 Title 2.4648-66.020 General objectives. 2.4648-56.030 Creation of the hearing examiner 2.46.035 Powers and areas of jurisdiction 2.4648.66.040 Appointment and term. 2.46486.050 Removal. 2.4648.66.060 Qualifications. 2.4648-66.070 Examiner pro tempore— Duties. 2.4648:66.080 Hearing examiner— Conflict of interest. 2.4618.66.090 Freedom from improper influence 4 -66 I on outips of the exaMiRer AppliGatiGRs and deGi6i9R6. 2.4648..68.10044-0 Applications. 2.4648-66.110420 Report by planning department. 146120 Burden of Proof 2.46486.130 Public hearing. 2.4648:66.140 Examiner's decision and recommendations — Findings required. -------------------------------- Ordinance No. 6442 December 17 2012 Page 20 of 29 2.4618 66 150 Request for reconsideration. 2.46x9-f6 160 Appeal of final decisions. 2.4648:66 170 Hearing examiner's recommendation. 2.464&-66 180 City GGunei�council action. 2.4648-66 190 Review of chapter by citycouncil. 2.461 866.010 Title. This chapter shall be hereafter known as the "hearing examiner' chapter and may be cited as such and will be hereinafter referred to as "this chapter' (Ord. 4840 § 1, 1996, Ord. 4229 § 2, 1987 ) 2.4618.66.020 General objectives. It is the general objective of this chapter to A. Provide a single, efficient, integrated, land use regulatory decision-making process and public hearing system; B. Render land use regulatory decisions and recommendations to the city council; C Provide a greater degree of due process in land use regulatory decision-making and public hearings; D Separate land use policy formulation from land use policy administration processes. (Ord. 4840 § 1, 1996, Ord. 4229 § 2, 1987 ) E. Provide an efficient and effective administrative adiudicatory system for review of contested administrative determinations. 2.461-8.66.030 Creation of the hearing examiner The office of the hearing examiner, hereinafter referred to as "examiner," is hereby created. The examiner shall interpret, review, and implement land use regulations as provided in this title and other ordinances, issues and matters as assigned, delegated and/or referred to the examiner The term examiner shall likewise include the examiner pro tem. (Ord. 6185 § 8, 2008; Ord. 4840 § 1, 1996 Ord. 4229 § 2, 1987 ) 2.46.035 Powers and Areas of Jurisdiction. The Hearing Examiner shall have the power to receive and examine available information conduct public hearings prepare a record thereof and enter findings of fact, conclusions based upon those facts and enter decisions as provided by ordinance. Notwithstanding any other provision in the Auburn Municipal Code, the Hearing Examiner's areas of iurisdiction shall include those matters contained in this chapter. A. The decision of the Hearing Examiner on the following matters shall be final* 1. Appeals of assessed civil penalties (ACC 1.25.065 (E))' 2. Appeals regarding the city's decision on refunds from the construction sales tax exemption (ACC 3.60.036 (F)) 3. Appeals from the planning director's denial of an application for a multi-family tax exemption (MFTE) (ACC 3.94.070 (F)) 4. Appeals from the planning director's denial of an extension of a conditional certificate for MFTE ACC 3 94.090 (B)) 5. Appeals of a dangerous dog determination (ACC 6.35.020 (D)) 6. Appeals of a decision by the planning director regarding expansion of hours for construction noise (ACC 8.28.010 (13)(8)(d)) 'The appeal shall be processed and the hearing conducted according to the provisions of ACC 15.07.130 Ordinance No. 6442 December 17, 2012 Page 21 of 29 7. Appeals of a decision by the city engineer regarding construction permits (ACC 12.24.090 (C)) 4-8 Appeals of a decision by the city engineer regarding undergrounding of utilities (ACC 13.32A.130 (D) 2-.9 Appeals of decisions by the building official or fire code official regarding building and code violations (ACC 15.07.130)' 10 Applications for a shoreline conditional use permit (ACC 16.08.054), (note that by statutes the State Department of Ecology has final approval authority) B. The decision of the Hearing Examiner on the following matters shall be final unless such decision is appealed to the city council as provided in this chapter: 1 Appeals from denial civil penalty suspension or revocation of a business license (ACC 5.15.070) 2 Appeals from denial of a rental housing business license (ACC 5.22.060 (D)) 3 Appeals from revocation or notice of intent to revoke a rental housing business license (ACC 5.22 080 (B)) C The decision of the Hearing Examiner on the following matters shall be the final administrative decision of the City: 1. Appeals from the planning director's denial of a final certificate for Multifamily Property Tax Exemption MFTE (ACC 3.94.100 (B)) 2. Appeals from the planning director's cancellation of a tax exemption for MFTE (ACC 3.94.120 (C)) 3. Appeals of a decision by the public works director regarding commute trip reductions (ACC 10.02.130 4. Appeals from denial of an adult entertainment establishment license, issuance or renewal (ACC 5.30.070) 5 Appeals of a decision by the public works director regarding required public improvements (ACC 12.64A.060) 6. Appeals of a decision by the public works director regarding system development charges (ACC 13.41.070) 7. Hear and resolve tenant complaints against landlords regarding utility billing practices (3`d party billing) (ACC 13.52.050) 8. Appeals of a decision by the planning director on a relocation report and plan related to the closure of a mobile home park (ACC 14.20.110) 9. Appeals of a decision by the floodplain administrator on floodplain development permits (ACC 15.68.125) 10 Appeals of a decision by the landmarks and heritage commission on historical designations (ACC 15 76.040) 11. Appeals of a decision by the SEPA responsible official on threshold determinations (ACC 16.06.250) — public hearing needed 12. Appeals from Critical Area Review decisions (ACC 16.10.140) 13. Applications for a reasonable use exception due to critical area regulations (ACC 16.10.150) 14. Applications for a buffer width variance of critical areas regulations which exceeds 10 percent of a quantifiable standard. (ACC 16.10.160) 15. Applications for a public agency special exception to critical area regulations (ACC 16.10.170) 16. Appeals from a decision of the planning director regarding boundary line adiustments (ACC 17.06.030) 'The appeal shall be processed and the hearing conducted according to the provisions of ACC 15.07.130 Ordinance No. 6442 December 17, 2012 Page 22 of 29 17. Applications for a preliminary plat (ACC 17.10.050) 18. Applications for modification of standards and specifications related to a preliminary plat (ACC 17.18.010) 19. Applications for alteration of any subdivision (ACC 17.20.030) 20 Appeals from a decision of the planning director regarding site plan approval of a business park (ACC 18.36.020 (B)) 21. Applications for a special home occupation permit (ACC 18.60.040A) 22. Applications for a surface mining permit (ACC 18.62.030) 23 Appeals from a decision of the planning director regarding administrative use permits (ACC 18.64.020(A)) 24. Applications for a conditional use permit (ACC 18.64.020 (B)) 25. Applications for a variance (ACC 18.70.010) 26 Appeals from a decision of the planning director regarding administrative variances (ACC 18.70.015) 27. Applications for a special exception (ACC 18.70.020) 28. Applications for a variance in the regulatory floodplain (ACC 18.70.025) 29. Appeals from any administrative decision under Title 18 — Zoning (ACC 18.70.050) 30. Appeals from a decision of the planning director regarding fire impact fees (ACC 19.06.080) 31 Appeals from a decision of the parks director regarding park impact fees (ACC 19.08.040) D. On the following matters the Hearing Examiner shall enter findings of fact, conclusions of law, and recommendations to the city council. 1. Applications for vacating a subdivision or portion of a subdivision, or any land dedicated for public use except rights-of-way associated with public streets (ACC 17.22.030) 2. Application for a business park (conceptual approval) (ACC 18.36.020 (A)) 3. Applications for a rezone (zoning map amendment) initiated by an applicant other then the city (ACC 18.68.030). 4. Applications for major amendments to the Lakeland Hills PUD (ACC 18.76.130) 2.4618.66.040 Appointment and term. The hearing examiner shall be appointed by the mayor and subject to confirmation by the Auburn city council. In the event that the appointed examiner is unable to perform the duties of office for whatever reason, or in the event of a vacancy in office, the mayor shall appoint an examiner pro tem who shall have the authorities herein provided. (Ord. 4840 § 1, 1996; Ord. 4229 § 2, 1987 ) 2.46466.050 Removal. The examiner or the examiner pro tem may be removed from office at any time by the mayor (Ord. 4840 § 1, 1996, Ord. 4229 § 2, 1987 ) 2.4646 66.060 Qualifications. The examiner and the examiner pro tem shall be appointed solely with regard to their qualifications for the duties of the office which shall include, but not be limited to, appropriate educational experience such as in urban planning, land use law and public administration. Wherever feasible, the mayor shall endeavor to appoint qualified candidates who reside in the Auburn area. (Ord. 4840 § 1, 1996, Ord. 4229 § 2, 1987 ) 2.464666.070 Examiner pro tempore — Duties. -------------------------------- Ordinance No 6442 December 17 2012 Page 23 of 29 The examiner pro tem, in the ^t Gf the Rb..°.. or 6ngb6l;ty of the examineF to aGt h ii All the duties and pewerr of the P 2. , 1987...) shall have the power to perform the duties of the hearing examiner whenever the hearing examiner is absent has a conflict of interest or otherwise so requests. The qualifications for hearing examiner pro tern are the same as for the hearing examiner. 2.461-8 66.080 Hearing examiner- Conflict of interest. The examiner shall not conduct or participate in any hearing or decision in which the examiner has a direct or indirect personal interest which might exert such influence upon the examiner that might interfere with his decision-making process. Any actual or potential conflict of interest shall be disclosed by the hearing examiner to the parties immediately upon discovery of such conflict. Participants in appearing before the Hearing Examiner have the right, insofar as possible, to have the examiner free from personal interest or prehearing contracts on land use regulatory matters considered by him or her It is recognized that there is a countervailing public right to free access to public officials on any matter If such personal or prehearing interest contact impairs the examiner's ability to act on the matter the hearing examiner shall state and shall abstain therefrom to the end that the proceeding is fair and has the appearance of fairness, unless all parties agree in writing to have the matter heard by said examiner If all parties do not agree and the hearing examiner must abstain, the rnayer hearing examiner shall assign the matter to a hearing examiner pro tem to sit in the hearing examiner's stead. (Ord. 4840 § 1, 1996, Ord. 4229 § 2, 1987 ) 2.4618.66.090 Freedom from improper influence. No citycouncil member, city official, or any other person shall attempt to interfere with, or improperly influence the examiner or examiner pro tempore in the performance of his designated duties. (Ord. 4840 § 1, 1996, Ord. 4229 § 2, 1987 ) For and =-t:-..- as esc be.d by eFdR _G , the P ,,.,,,,,,,e. shall -._- 2.4618,66.100110 Applications and appeals. Applications and appeals requiring a determination by the hearing examiner shall be filed with the department that has responsibility for the ordinance that is the subject of the application or appeal. A \A WR 29 .days of 'M of aR nliGat'n the nlonn'n department shell the Fequipement13 for Gomplet on as set forth in AGG Title 14. B. The appliGaRt shall be adv.sed of the date of aGG8PtaRGe of the appi GatieR and of any publiG heaFiRg at least 10 calendar days PF60F tG the heaFing. if puinsuant teAGG Title 14-,,�R ------------------------------- Ordinance No 6442 December 17 2012 Page 24 of 29 RGtiGe pur6uaRt tG Chapter 16.065 AGG, then the thresheld determinat on ;,hall be at 15 days prior to the opeR record a siGn heaFiRg. (Ord 4940 a 1, 19961 Ora 4229 §-2-, 1@8 .) A Applications requiring a hearing examiner decision shall be scheduled for hearing promptly upon notification by the that the application is complete and ready for scheduling B Promptly following receipt of a timely appeal the hearing examiner shall schedule a hearing consistent with the requirements of the applicable ordinance(s) and these rules. 2.461A 66.1101N Report by planning department. When a matter identified in section 2.46.035 has been set for public hearing, the responsible department plaRn ng deeef'MeRt shall coordinate and assemble the comments and recommendations of other city departments and other governmental agencies having an interest in the subject application and shall prepare a report summarizing the issues involved, and the responsible department's findings and recommendation. This report shall be transmitted to the examiner at least four calendar days prior to the scheduled hearing. Copies of this report shall be mailed to the applicant prior to the hearing and shall be made available to the public for the cost of reproduction prior to the scheduled hearing. (Ord. 4840 § 1, 1996, Ord. 4229 § 2, 1987 ) 2.46.120 Burden of proof. Unless otherwise provided for in the Auburn City Code, the burden of proof before the Hearing Examiner shall be as follows: A. Appeal hearings: The applicant/appellant shall have the burden of proof, by a preponderance of the evidence as to material factual issues except where applicable City code provisions or state law provide otherwise. B. Land use application hearings: For an application to be approved a preponderance of the evidence presented at the hearing must support the conclusion that the application meets the legal decision criteria that apply C. Code enforcement hearings: The City shall have the burden of proving, by a preponderance of the evidence, that a code violation has occurred and that the proposed corrective action is reasonable 2.461-8.66.130 Public hearing. A. Before rendering a decision or recommendation on any application for which a public hearing is required, the examiner shall hold a public hearing thereon. Unless otherwise required by the Auburn City Code, all hearings conducted by the examiner shall be open record hearings. Notice of the place and time of the public hearing shall be given as provided in the ordinance governing the application. If none is specifically set forth, the following notice requirements shall be followed: 1. Be given not less than 10 days prior to the date of the hearing, 2. Set forth the time, place and purpose of such hearing: 3. Be provided in accordance with the requirements of ACC 14.07.040 SUGh REAGe (Ord. 5811 § 9, 2003, Ord. 4840 § 1, 1996, Ord. 4229 § 2, 1987 ) Ordinance No. 6442 December 17, 2012 Page 25 of 29 B. The examiner shall have the power to prescribe rules and regulations for the conduct of hearings under this chapter subject to review by the city council and to administer oaths and preserve order C At the close of the testimony the examiner may close the public hearing, continue the hearing to a time and date certain, or close the public hearing pending the submission of additional information on or before a date certain. D Until a final action on the application is taken, the examiner may dismiss the application for failure to diligently pursue the application after notice is given to all parties of record. E. If a project consists of different actions which require separate hearings to be held for each action, one consolidated hearing shall be held as required by ACC Title 14 (Ord. 4840 § 1, 1996, Ord. 4229 § 2, 1987 ) 2.46 66.140 Examiner's decision and recommendations - Findings required. A. Unless the time is extended pursuant to this section, within 10 satendar-working days of the conclusion of a hearing, or the date set for submission of additional information pursuant to this chapter the examiner shall render a written decision, including findings from the record and conclusions therefrom, and shall transmit a copy of such decision by regular mail, postage prepaid, to the applicant and other parties of record in the case who have requested notice of the decision at the public hearing. The person mailing the decision shall prepare an affidavit of mailing, in standard form, and the affidavit shall become a part of the record of the proceeding. In the case of applications requiring city council approval, the examiner shall transmit his decision to the city council. B. In extraordinary cases, the time period for filing of the recommendation or the decision of the examiner may be extended for not more than 20 salendar-working days after the conclusion of the hearing if the examiner finds that the amount and the nature of the evidence to be considered, or receipt of additional information which cannot be made available within the normal decision period, requires the extension. Notice of the extension, stating the reasons therefore, shall be sent to all parties of record in the manner set forth in this section for notification of the examiner's decision. C Conditions. When acting on land use matters, The he examiner's recommendation or decision may be to grant or deny the application, or the examiner may require of the applicant such conditions, modifications and restrictions as the examiner finds necessary to make the application compatible with the environment and carry out the goals and objectives of the comprehensive plan, this title, the land division ordinance, other codes and ordinances of the city of Auburn, and the approved preliminary plat, if applicable Conditions, modifications and restrictions which may be imposed shall be founded in the body of legislation approved by the city council. Performance bonds may be required to insure compliance with the conditions, modifications and restrictions. D Termination of Decision. The city declares that circumstances surrounding land use decisions change rapidly over a period of time In order to assure the compatibility of a decision with current needs and concerns, any such decision shall be limited in duration, unless the action or improvements authorized by the decision is implemented promptly Any application, except a rezone, approved pursuant to this chapter shall be implemented within two years of such approval unless other time limits are prescribed elsewhere. Any application which is not so implemented shall terminate at the conclusion of that period of time and become null and void. The examiner may grant one extension of time for a maximum of one year for good cause shown. The burden of justification shall rest with the applicant. For large-scale or phased projects the examiner may at the time of approval or recommendation set forth time limits for -------------------------------- Ordinance No 6442 December 17 2012 Page 26 of 29 6Z 10 LZ 96ed Z l OZ 'L l, jagwaoaa Zg179 ON eoueulpO ( L861 'Z § 6ZZ17 'PJO '9661 1 § 017817 'PLO) Mel o; ;uensind MalnaJ ;o ;uM (ue o; ;oafgns 'anisnlouoo pue leul; aq lleys uol;epuawwooaj jo uolsloap s,jaulwexe 6uueay ay; 6ul;oafaJ ao 6ul (;lpow '6wnoidde Ilounoo� ay; ;o uoi;oe aql 8 uol;ejaplsuoo Jo; epua6e s,llounoo-T;—!o- ay; uo paoeld aq lleys uoi;oe liounoo-Fl!o- 6wjlnbai suogeolidde IIV `d suoisnlouoo pue s6ulpul; s,iauiwexa 6uueay ay; pa;dope aneg o; pawnsaid aq llegs llounoo (;lO ay; 'pai;loads aslrouaq;o ssalun 'uogoe s;I poddns golgM woj;aaaq; suolsnlouoo pue pooea ay; wa; ;5e; ;o sbulpug is;ua pue a�ew pegs p0uno0 ay; 'uol;Oe leu.1 yons (ue 6uhle; uagM Mel Rq pannba asimiay;o ssalun ti;ua a;nww !q paouapina aq pegs llounoo Alp ay; Rq uogoe 6uulnbaj uol;eolldde (uy -uoi;Oe IlOunoO 08L'99�f 90'Z ( L961 'Z § 6ZZ17 'PJO '9661 1 § 017917 'PLO) Mel 0; ;uensind a;eudoidde swaap ;I uogoe Jana;eqM axle; Jo uogepuawwOOaJ s,Jawwexa 6uueay ay; ppow ';oafaj 'wnde (ew llounoo R;10 ay; 6uueay piooei pasolo uMo s;I uodn '6uuea4 pjooa pasolo uMo s;l ;onpuoo o; llounoo (;lo ay; ;sanbei (ew uosiad p9n91J66e (uy .8 llounoo (;l0 ay; ao;aq 6uueay ollgnd pjooaj pasolo a alnpagoS £ 'Jaulwexa 6u1jeay ay;o; uol;epuawwooei ay; puewab Z 'uol;epuawweoa ay; candy 1 .Rew pJOOaJ ay;;o M91Aa s;I uodn llounoo R;IO aq_L llounoo l;10 ay;;o epua6e ;xau ay; uo paoeld aq llegs uoi;epuawwooai ayl uolsloap s,iaulwexa aq; 10 s(ep w -jepualee O1 ulq;lM llounoo (;l0 aq; o; paperouo; aq lleys uol;epuawwooai s'Jaulwexa ay; 'aoueulpo (q papinwd se uol;epuawwooei sjaulwexe 6uueaq ay; 6uumba suogoe joj 'y vol;epuawwoaaJ s,Jaulwexa 6uueaH OLV9 9VZ ( L861 'Z § 6ZZb PLO '9661 '1 § 017817 PJO '800Z 'L § 9819 PLO) 'P91e0OI sl ;oafoid aq; golgM w (;unoo ay;;o pnoo jouadns o; uolsloap ay; leadde Rew uolsloap leug ua;;uM s,iaulwexa ay; Aq pa;oade Aped pa;saa;ul !ue jo jo;oanp algisuo a 6urer�eld ayl •suolsloop leul;;o leaddy 09l`99 qvz 1 'Z § 6ZZb 'PLO '9661 '1, § 017817 Ja;el sl JanagOlyM 'pa;senbai ;uawn>E jetueyecweju, leuol;lppe ay; ;o ;dlaoai jo uol;ejaplsuooaj jo; ;senbei ay; ;o ;dlaoai ;o sRep uhlioM ---iepue ee 01 ulq;lM pooa ;o sallied Ile o; pa;;lwsuej; aq lleys uol;ejaplsuoo jo; ;sanbaa ay; uo uolsloap ua;;uM s jaulwexe eql ;sanbaa s,aaulwexa ay; ;o s(ep aepualeo 01 ulq;lM papinoid aq llegs golgM ;ue ue.tewAe#ul aagpn; ;sanbaa Rew aamwexe agl aadad swaap aaulwexe ay; se uol;oe aagpn; axle; 'paooaa aq; ;o Malnaa ague ' (ew aaulwexe aq; pue 'luelladde Bons Rq uodn pally saoaaa of;loads ay; ypo; ;as (legs uol;eaaplsuooaa ao; ;sanbaa aql wpajapuej uaaq seg aaulwexe ay; ;o uolsloap ua;;pM ay; aaue sAep aepu9le0 uanas wq;lM aaulwexe ay; (q M81Aaa aO; ;sanbaa ua;;uM a ajew !ew 6uueay aoud ay; ;e algellene (lgeuosea aq ;ou pinoo golgM ';uaw6pnf w awaa jo ';oe; ao Mel ;o saaaaa 'anpaowd snoauaaa ue uo uolsloap ao uol;epuawwooa ;eq; paseg aaulwexe 6uueaq ay; ;eq; spasse ogM aaulwexa ay; ;o uol;epuawwooaa ao uolsloap leug ay; (q pa;oape Aped pa;saaa;ul ue ao ao;oalp algls�-Bultwe{d agl •uol;ej9plsuo09j .jo; ;sanbaa 096g69V'Z ( L961 'Z § 6ZZb 'PJO '9661 '1 § 01781 pa0) uoi;oe ay;;o paooaa ay; (q pal;l;snf we se s;lwg awg papua;xe yons ao; uol;oas sly; w paquosaad asoq; paaoxe goigm uol;ealdxa 2.46 66.190 Review of chapter by city council. The city council may on an annual basis review the content and effect of this chapter on the city of Auburn and its citizens. The method of review may include a public hearing open to all interested citizens. The citycouncil after review and consideration shall at that time decide to modify, repeal, or retain all of or part of this chapter (Ord. 4840 § 1, 1996; Ord. 4229 § 2, 1987 ) Section 32. Implementation. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation Section 33. 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 37. 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- DEC 17 .2012 PASSED- DEC 17 20'12 APPROVED DEC 17 2012 CITY F AUBUR PETER B LEWIS, MAYOR ATTEST 4�'qz Z' LY � Danielle E. Daskam, City Clerk -------------------------------- Ordinance No 6442 December 17 2012 Page 28 of 29 APP F R Daniel B Hei , ' y Attorne Published �o Ordinance No. 6442 December 17 2012 Page 29 of 29