Ordinance 32460006.900000
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03/29/99
ORDINANCE NO. 3246
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, AMENDING THE PROVISIONS OF
SECTION 19.05.050(B) BY THE REPEAL OF SECTIONS 2
AND 3 THEREOF, AND THE ENACTMENT IN THEIR
PLACE OF A NEW SUBSECTION 2, AND FIXING A TIME
WHEN THE SAME SHALL BECOME EFFECTIVE.
WHEREAS, the current provisions of Section 19.05.050 Building Permits --
Earth Subsidence and Landslide Hazard Areas requires property owners to maintain for a period
of not less than ten years, insurance to protect third parties and the City from harm in the event
of earth movement from their property, and
WHEREAS, the City's experience since the passage of the ordinance requirement
indicates that only those property owners who maintain a business in their home or otherwise
have access to business insurance, can obtain such a policy and that otherwise, such policies are
not reasonably obtainable within the State of Washington at the present time, and
WHEREAS, the City Council wishes to provide a level playing field for all
applicants, noting that between one -half and two- thirds of permittees have had insurance
requirements waived due to the difficulty or impossibility of obtaining such public liability
insurance, and
WHEREAS, while repealing this ordinance, the City Council wishes to give
notice to affected property owners that City staff investigating the development of City purchased
insurance, insurance pooling, liability pooling and other arrangements which may be funded by
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special stormwater utility charge on the Earth Subsidence and Landslide Hazard area, and
WHEREAS, the City Council deems it appropriate to repeal the insurance
provision pending such other changes in order to equally and fairly treat all applicants for
building permits within the area, NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO
ORDAIN AS FOLLOWS:
Section 1. The Edmonds Community Development Code, Section 19.05.050
Bonds and Public Liability Insurance is hereby amended by the repeal of subsections B. 2 and
B. 3 and the enactment in their place of a new subsection 2 of paragraph B to read as follows:
19.05.050 Bond and Public Liability Insurance
B. Insurance.
2. The City strongly recommends that each
property owner maintain policies of insurance
adequate to provide sufficient funds to indemnify
and hold harmless third parties and the City of
Edmonds in the event of earth subsidence or
landslides emanating from or across the owner's
property. Notice is hereby provided that in the
budget year 1999, the City Attorney, the
Administrative Services Director and the Risk
Manager have been directed to investigate liability
and insurance pooling and other arrangements to
provide assurance to the City and neighboring
property owners that funds will be available for
clean -up and repair of public and private facilities
damaged by slides emanating from the owner's
property.
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Section 2. Effective Date. This ordinance, being an exercise of a power specifi-
cally delegated to the City legislative body, is not subject to referendum, and shall take effect
five (5) days after passage and publication of an approved summary thereof consisting of the
title.
APPROVED:
MAYOR, .....•
ATTEST /AUTHENTICATED :
,D • L�ia.�i.
CITY CLERK, SANDRA S. CHASE
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
BY ) sl�
FILED WITH THE CITY CLERIC' 04/02/99
PASSED BY THE CITY COUNCIL: 04/06/99
PUBLISHED: 04/11/99
EFFECTIVE DATE: 04/16/99
ORDINANCE NO. 3246
228596 -3-
SUMMARY OF ORDINANCE NO. 3246
of the City of Edmonds, Washington
On the 6th day of April, 1999, the City Council of the City of Edmonds, passed
Ordinance No. 3246. 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 SECTION 19.05.050(B) BY THE REPEAL OF SECTIONS 2 AND 3
THEREOF, AND THE ENACTMENT IN THEIR PLACE OF A NEW SUBSECTION 2,
AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE.
The full text of this Ordinance will be mailed upon request.
DATED this 7th day of April, 1999.
CITY CLERK, SANDRA S. CHASE
STATE OF WASHINGTON. 1
COUNTY OF SNOHONIISH, )r
On the 6th day of April, 1999
the City Council of the City of
Edmonds, passed Ordinance No.
3246. A summary of the content
of said ordinance, consisting of
the title, Provides as follows:
AN ORDINANCE OF THE CITY
OF EDMONDS, WASHINGTON,1
AMENDING THE PROVISIONS
OF SECTION 19.05.050(8) BY
THE REPEAL OF SECTIONS 26
AND 3 THEREOF, AND THE!
ENACTMENT IN THEIR PLACEi
OF A NEW SUBSECTION 2,
AND FIXING A TIME WHEN
THE SAME SHALL BECOME
EFFECTIVE.
The full text of this Ordinance
will be mailed upon request.
DATED this 7th day of April,
1999.
CITY CLERK,
SANDRA S. CHASE
Published: April 11, 1999.
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B -2 -1
ss.
Affidavit of Publication
The undersigned, being first duly sworn on oath deposes and says
that she is Principal Clerk of THE HERALD, a daily newspaper
printed and published in the City of - Everett, County of Snohomish,
and State of Washington; that said newspaper is a newspaper of
general circulation in said County and State; that said newspaper
has been approved as a legal newspaper by order of the Superior
Court of Snohomish County and that the notice ......... ...............................
Summary of Ordinance No. 3246
....................
City of Edmonds
.................................................................................. ...............................
a printed copy of which is hereunto attached, was published in said
newspaper proper and not in supplement form, in the regular and
entire edition of said paper on the following days and times, namely:
April 11, 1999
.......................... ......................... ......................... ...... .
......................................................................................................................................
and that said newspaper was regularly distributed to its subscribers
..................................... ........................
Principal Clerk
Subscribed and sworn to before me this ... -11th
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day......... .... ................... ............................... 19.........
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Notary Public in and for the tate f Washington,
residing at Everett, Snoho h Co nty.
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