HomeMy WebLinkAbout6824 ORDINANCE NO. 6824
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, PROVIDING A TEMPORARY
WAIVER OF RIGHT-OF-WAY USE PERMIT FEES, SET
FORTH IN ACC 12.60.020 AND 12.60.025 FOR OUTSIDE
RESTAURANT SEATING, IN RESPONSE TO THE PHASED
OPENING OF COMMERCIAL BUSINESSES FOLLOWING
THE COVID-19 DECLARED PUBLIC HEALTH
EMERGENCY
WHEREAS, in 2020, the World Health Organization announced the novel
coronavirus (COVID-19) was officially a global pandemic; and
WHEREAS, on January 31 , 2020, the United States Department of Health and
Human Services Secretary Alex Azar declared a public health emergency because of
COVID-19; and
WHEREAS, the Washington Governor also declared a State of Emergency due to
new cases of COVID-19; and
WHEREAS, on March 5, 2020, the Mayor proclaimed a local emergency due to
growing public health impacts of COVID-19, which the Auburn City Council ratified by
Resolution No. 5504; and
WHEREAS, the COVID-19 outbreak presents an extreme risk of person-to- person
transmission of the virus and public health experts worldwide advise the best way to
prevent transmission of the virus is to prevent infected people from coming in close
contact with healthy persons; and
WHEREAS, following recommended public health best practices, including social
distancing, which is critical to mitigate the spread of COVID-19, is having significant
negative economic effects on the national, regional, and local economy, in particular small
Ordinance No. 6824
May 21, 2021
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businesses and workers in the Auburn-area who cannot work remotely, including those
related to restaurants; and
WHEREAS, as the business-related restrictions are relaxed, including opening of
restaurants with reduced capacities, flexibility in allowing use of outdoor areas, including
some City rights-of-way, could help some restaurants survive during these challenging
times; and
WHEREAS, the Auburn City Code ("ACC") includes several provisions identifying
different types of right-of-way use permits, including ACC 12.60.025; and
WHEREAS, ACC 12.60.020 sets forth right-of-way use permit application process
and fee; and
WHEREAS, on June 15, 2020, the Auburn City Council approved Ordinance No.
6778 waiving the right-of-way use permit application process and fees to assist
restaurants that may be able to use public right-of-way to expand the area within which
customers could be served and to assist in the recovery of restaurant related businesses;
and
WHEREAS, on September 14, 2020, the Auburn City Council approved Ordinance
No. 6791 extending the waiver of the right-of-way use permit application process and fees
to assist restaurants that may be able to use public right-of-way to expand the area within
which customers could be served and to assist in the recovery of restaurant related
businesses; and
WHEREAS, to continue to assist in the recovery of restaurant related businesses,
it is reasonable that the City continue to temporarily waive the fees for right-of-way use
permits for outdoor restaurant purposes until the Washington Governor declares that the
Ordinance No. 6824
May 21, 2021
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emergency related to COVID-19 has ended and after that time, the City will provide all
businesses utilizing the right-of-way under this Ordinance thirty ("30") days to apply for
and obtain a right-of-way use permit and pay all necessary fees or to remove all property
and items from the right-of-way.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN as follows:
Section 1. Temporary Waiver of Certain ROW Use Permit Fees. The
imposition and collection of fees for right-of-way use permits, per ACC 12.60.020-25, for
outdoor restaurant seating purposes shall be waived for such use for 30 days after the
Governor of the State of Washington declares that the emergency related to COVID-19
has ended. At the expiration of the timeframe set forth in this section, all businesses that
have received a waiver of a right-of-way use permit shall either apply for and obtain a
right-of-way use permit and pay all necessary fees or remove all property and items from
the right-of-way.
Section 2. Implementation. The Mayor is authorized to implement those
administrative procedures necessary to carry out the directives of this legislation.
Section 3. 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 of it to any person
or circumstance, will not affect the validity of the remainder of this ordinance, or the validity
of its application to other persons or circumstances.
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May 21, 2021
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Section 4. Effective date. This Ordinance will take effect and be in force five
days from and after its passage, approval, and publication as provided by law.
INTRODUCED: JUN 2 1 2021
PASSED: JUN 2 12021
APPROVED: JUN 2 1 2021
CITY OF AUBURN
I%A(NCY KUS, MAYOR
ATTEST: APPROVED AS TO FORM:
Shawn Campbell, MMC, City Clerk Kendra Comeau, City Attorney
Published tom?\ ilATNAttAft lA3
Ordinance No. 6824
May 21, 2021
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