Ordinance 29390006.040.002
WSS /are
03/22/93
rev: 07/13/93
ORDINANCE NO. 2939
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, AMENDING THE PROVISIONS OF THE
EDMONDS CITY CODE BY THE REPEAL OF CHAPTER
10.15, THE AMENDMENT OF SECTION 19.00.060(B)
OF THE EDMONDS COMMUNITY DEVELOPMENT CODE TO
DELETE REFERENCES TO THE BOARD OF APPEALS AND
TO DELEGATE THAT FUNCTION TO THE HEARING
EXAMINER AND FIXING A TIME WHEN THE SAME SHALL
BECOME EFFECTIVE.
WHEREAS, Chapter 10.15 of the Edmonds City Code, Chapter
204 of the Uniform Building Code, Chapter 5 of the Abatement of
Dangerous Building Codes and other provisions of the Uniform Codes
provide for appeals from the decisions of the Building Official and
interpretation of the code by a Board of Appeals; and
WHEREAS, such appeals rarely arise and this Board has not
been called upon to hear any matter for a number of years; and
WHEREAS, it is difficult to find interested citizens who
will serve on a Board which does not function, it is difficult to
train and maintain such a Board; and
WHEREAS, the City maintains a Hearing Examiner system in
place which is available to hear such appeals;._.and
WHEREAS, the City Council finds it to be in the public
interest to assign such duties to its Hearing Examiner in order to
expedite the hearing of appeals, limit the liability of the City
which may accrue due to the inexperience or lack of training of the
Board and eliminate a Board which rarely meets; NOW, THEREFORE,
42915.1 -1-
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO
ORDAIN AS FOLLOWS:
Section 1. Chapter 10.15 Board of Appeals of the Edmonds
City Code is hereby repealed.
Section 2. Section 19.00.060 Interpretation of Appeals
and Alternate Materials paragraph B is hereby amended to read as
follows:
19 00.060 INTERPRETATION, APPEALS AND
ALTERNATE MATERIALS
B. Appeals. Appeals from the Building
Official's interpretation of the Uniform
Building Code, determinations of
suitable, alternative methods or
materials, and any other appeal delegated
to a Board of Appeals pursuant to the
Uniform Code for the Abatement of
Dangerous Structures, the Uniform
Mechanical Code, the Uniform Plumbing
Code and any and all other codes adopted
pursuant to the direction and authority
of RCW 19.27 are hereby directed to the
City's Hearing Examiner for hearing in
accordance with the procedures
established to such codes, provided,
however, that any denial or grant of
permit or interpretation of any code
arising with respect to any tract of land
lying within the earth subsidence and
landslide hazard area set forth and
defined in Chapter 19.05 of the Edmonds
Community Development Code shall be
appealable directly to and only to the
Snohomish County Superior Court by writ
of certiorari. Any conflict or doubt
shall be resolved in favor of the sole
jurisdiction of the Superior Court.
Appeals to Superior Court shall be
instituted within 10 calendar days of the
date of the mailing of the written
decision of the Building Official. As
provided in the codes, appeal of the
42915.1 -2-
actions of the Building. Official and /or
Hearing Examiner sitting as the Building
Code Board of Appeals shall be taken, as
appropriate by writ of certiorari or writ
of mandamus to the Snohomish County
Superior Court.
Section 2. Severability. If any section, sentence,
clause or phrase of this ordinance should be held to be invalid or
unconstitutional by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or
constitutionality of any other section, sentence, clause or phrase
of this ordinance.
Section 3. Effective Date. This ordinance, being an
administrative action, is not subject to referendum and shall take
effect five (5) days after publication.
APPROVED:
ATTEST /AUTHENTICATED:
C TY CLERK, ONDA J. MARCH
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
BY ( fli� &
FILED WITH THE CITY CLERK: July 15, 1993
PASSED BY THE CITY COUNCIL: July 20, 1993
PUBLISHED: July 25, 1993
EFFECTIVE DATE: July 30, 1993
ORDINANCE NO. 2939
42915.1 -3-
SUMMARY OF ORDINANCE NO. 2939
of the City of Edmonds, Washington
On the 20th day of July , 1993, the City Council of
the City of Edmonds, passed Ordinance No. 2939 A summary
of the content of said ordinance, consisting of the title, provides
as follows:
AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING THE
PROVISIONS OF THE EDMONDS CITY CODE BY THE REPEAL OF CHAPTER 10.15,
THE AMENDMENT OF SECTION 19.00.060(B) OF THE EDMONDS COMMUNITY
DEVELOPMENT CODE TO DELETE REFERENCES TO THE BOARD OF APPEALS AND
TO DELEGATE THAT FUNCTION TO THE HEARING EXAMINER AND FIXING A TIME
WHEN THE SAME SHALL BECOME EFFECTIVE.
request.
The full text of this Ordinance will be mailed upon
DATED this 20th day of July , 1993.
CLERK, PWONDA J. MARCH
Affidavit of Publication
STATE OF WASHINGTON,
ss-
COUNTY OF SNOHO1vISH,
July 25.:1993 . .... . ..... - - - - -- ---------------------------------------- ....- .... - --
...... I ....... - ............... ...................................................... _---- - - - - -- - - - - - -- ---------------- ... - - --
and that said newspaper was regularly distributed to its subscribers
during all of said period.
,s ;
--- - -------------
Principal Clerk
' -��- 2 6th
Subscribed and sworn to before me this ... ....... .... .. .. .. . . . ..
da f.- - - - -- July .. . . . . .. ..Ifor -- - .. 1993 - -.
-- - -- - - - - - -- .............................
Notary Public in a e to of Washington ,
residing at Everett ty. .5S ON
NpTAgy
tj, AUBI.�C' 2
\') 5 -19 -94
F NASN
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The undersigned, being first duly sworn on oath deposes and says
that she is Principal Clerk of THE HERALD, a daily newspaper
SUMMARY OF
printed and published in the City of Everett, County of Snohomish,
ORDINANCE NO. 2939
Edm nds Washington
and State of Washington; that said newspaper is a newspaper of
� thOn RY Council of ft Jul 1993
general circulation in said County and State; that said newspaper
Edmonds, passed Ordinance
No. 2939. A. summary of the
content of said ordinance,
has been approved as a legal newspaper by order of the Superior
consisting of the title, provides
as follows:
AN ORDINANCE OF THE CITY:
Court of Snohomish County and that the notice ......... ... ........ ......... .. ... . . . ...
OF EDMONDS WASHINGTON i
AMENDING ThE PROVISIONS'
I
OF i THE EDMONDS CITY
CODE BY THE REPEAL OFi
Summary___of Ordinance_- 3
CHAPTER 10.15, THE AMEND -'
.No_. -_ -29
............. — .- .. - - -- ----.--------------------.--------'----------.-
MEN.T' OF -: SECTION
I9.00.060(B) OF THE
EDMONDS COMMUNITY
DEVELOPMENT CODE TO
City of Edmonds
DELETE REFERENCES TO
----------------------------------------------------------------------'---------------------
THE BOARD OF APPEALS
AND TO DELEGATE .THAT'
FUNCTION TO THE HEARING
EXAMINER AND FIXING A
Amedments to... Edmonds Community C.Qde .. .. ............
TIME WHEN THE SAME
SHALL BECOME EFFECTIVE.
The • full text of this
I
---- .... .... .....
a printed copy of which is hereunto attached, was published in said
Ordinance will be mailed upon
request.
DATED this 20th day of July,
;
newspaper proper and not in supplement form, in the regular and
1993.
RHONDA J. MARCH
id (Ju
entire edition of said paper on the followin g days and times, namely:
July 25; 9993.
July 25.:1993 . .... . ..... - - - - -- ---------------------------------------- ....- .... - --
...... I ....... - ............... ...................................................... _---- - - - - -- - - - - - -- ---------------- ... - - --
and that said newspaper was regularly distributed to its subscribers
during all of said period.
,s ;
--- - -------------
Principal Clerk
' -��- 2 6th
Subscribed and sworn to before me this ... ....... .... .. .. .. . . . ..
da f.- - - - -- July .. . . . . .. ..Ifor -- - .. 1993 - -.
-- - -- - - - - - -- .............................
Notary Public in a e to of Washington ,
residing at Everett ty. .5S ON
NpTAgy
tj, AUBI.�C' 2
\') 5 -19 -94
F NASN
B -2 -t