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Ordinance 339200006.900000 WSS/kkr 11/12/01 R:12/ 13/01 gjz R:12/26/O l gjz R:01 /10 /02gjz ORDINANCE NO. 3392 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING TITLE 10 OF THE EDMONDS CITY CODE BY THE ADDITION OF A NEW CHAPTER 10.90 EDMONDS HISTORIC PRESERVATION COMMISSION, AND FIXING A TIME WHEN THE SAME SHALL BE EFFECTIVE. WHEREAS, after Public Hearing, the Edmonds City Council deems that it may be in the public interest to provide for the identification, evaluation and protection of historic resources within the City of Edmonds for future generations through special valuation, a property tax incentive, as provided in Chapter 84.26 RCW in order to: A. Safeguard the heritage of the City as represented by those buildings, districts, objects, sites and structures which reflect significant elements of Edmonds history; B. Foster civic and neighborhood pride in the beauty and accomplishments of the past, and a sense of identity based on the City of Edmonds' history; C. Stabilize or improve the aesthetic and economic vitality and values of such sites, improvements and objects; D. Assist, encourage and provide incentives to private owners for preservation, restoration, redevelopment and use of outstanding historic buildings, districts, objects, sites and structures; E. Promote and facilitate the early identification and resolution of conflicts between preservation of historic resources and alternative land uses; and, F. Conserve valuable material and energy resources by ongoing use and maintenance of the existing built environment, and {WSS506123.DOC;1 /00006.900000/} - 1 - WHEREAS, the City Council wishes to create a commission of citizens with expertise in historic preservation and related disciplines as it reviews whether to adopt a Register of Historic Places, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. The Edmonds City Code, Title 10 is hereby amended by the addition of a new Chapter 10.90 Edmonds Historic Preservation Commission to read as follows: Title 10 BOARDS AND COMMISSIONS Chapter 10.90 EDMONDS HISTORIC PRESERVATION COMMISSION Sections: 10.90.10 Creation and Size 10.90.20 Composition of the Commission 10.90.30 Terms 10.90.40 Powers and Duties 10.90.50 Rules and Officers 10.90.60 Commission Staff 10.90.010 Creation and Size. There is hereby established an Edmonds Historic Preservation Commission, consisting of seven members, as provided in subsection 10.90.020 below. Members of the Edmonds Historic Preservation Commission shall be appointed by the Mayor and approved by the City Council and shall be residents of Edmonds, except as provided in subsection 10.90.020 (B) below. 10.90.020 Composition of the Commission. A. All members of the Commission must have a demonstrated interest or competence in historic preservation and possess qualities of impartiality and broad judgement. B. The Commission shall always include at least two professionals who have experience in identifying, evaluating and protecting historic resources and are selected from among the disciplines of history, {WSS506123.DOC;1 /00006.900000/1 - 2 - architecture, architectural history, historic preservation, planning, cultural anthropology, archaeology, cultural geography, American studies, law, and real estate. Three positions shall be filled by citizens of Edmonds with a demonstrated interest in historic preservation. One position shall be filled as recommended by the Edmonds South Snohomish County Historical Society. An additional position shall be filled by an Edmonds City Council member. This member shall be a non - voting or ex- officio member. The Commission action that would otherwise be valid shall not be rendered invalid by the temporary vacancy of one or all of the professional positions, unless the Commission action is related to meeting Certified Local Government (CLG) responsibilities cited in the Certification Agreement between the Mayor and the State Historic Preservation Officer. Furthermore, in special circumstances, exception to the residency requirement of Commission members may be granted by the Mayor and City Council in order to obtain representatives from these disciplines. 10.90.030 Terms. The original appointment of members to the Commission shall be as follows: three (3) for two (2) years, two (2) for three (3) years; and two (2) for four (4) years. Thereafter, appointments shall be made for a three (3) year term. Vacancies shall be filled by the Mayor for the unexpired term in the same manner as the original appointment. 10.90.040 Powers and Duties. The major responsibility of the Historic Preservation Commission is to identify and actively encourage the conservation of the City's historic resources by initiating and maintaining a register of historic places and reviewing proposed changes to register properties; to raise community awareness of the City's history and historic resources; and to serve as the City's primary resource in matters of history, historic planning, and preservation. In carrying out these responsibilities, the Historic Preservation Commission shall engage in the following: A. Conduct and maintain a comprehensive inventory of historic resources within the boundaries of the City and known as the Edmonds Historic Inventory; publicize and periodically update inventory results. Properties listed on the inventory shall be recorded on official zoning records with a "HI" (for historic inventory designation). This designation shall not change or modify the .underlying zone classification. {WSS506123.DOC;1 /00006.900000/1 - 3 - B. Initiate and maintain the Edmonds Register of Historic Places. This official register shall be compiled of buildings, structures, sites, objects and districts identified by the Commission as having historic significance worthy of recognition and protection by the City and encouragement of efforts by owners to maintain, rehabilitate and preserve properties. C. Review nominations to the Edmonds Register of Historic Places according to criteria in . Section 20.45.010 of this ordinance and adopt standards in its rules to be used to guide this review and the issuance of a certificate of appropriateness or waiver. D. Review proposals to construct, change, alter, modify, remodel, move, demolish or significantly affect properties or districts on the register as provided in Chapter 20.45 and adopt standards in its rules to be used to guide this review and the issuance of a certificate of appropriateness or waiver. E. Provide for the review either by the Commission or its staff of all applications for approvals, permits, environmental assessments or impact statements, and other similar documents pertaining to identified historic resources or adjacent properties. F. Conduct all Commission meetings in compliance with Chapter 42.30 RCW, Open Public Meetings Act, to provide for adequate public participation and adopt standards in its rules to guide this action. G. Participate in, promote and conduct public information, educational and interpretive programs pertaining to historic and prehistoric resources. H. Establish liaison support, communication and cooperation with federal, state and other local government entities which will further historic preservation objectives, including public education, within the City. I. Review and comment to the City Council on land use, housing and redevelopment, municipal improvement and other types of planning and programs undertaken by any agency of the City, other neighboring communities, Snohomish County, the state or federal governments, as they relate to historic resources of the City. J. Advise the City Council and chief local elected official generally on matters of Edmonds history and historic preservation. {WSS506123.DOC;1 /00006.900000/} - 4 - K. Perform other related functions assigned to the Commission by the City Council or chief local elected official. L. Provide information to the public on methods of maintaining and rehabilitating historic properties. This may take the form of pamphlets, newsletters, workshops or similar activities. M. Officially recognize excellence in the rehabilitation of historic buildings, structures, sites and districts, and new construction in historic areas; and encourage appropriate measures for such recognition. N. Be informed about and provide information to the public and City departments on incentives for preservation of historic resources including legislation, regulations and codes which encourage the use of adaptive reuse of historic properties. O. Review nominations to the State and National Registers of Historic Places. P. Investigate and report to the City Council on the use of various federal, state, local or private funding sources available to promote historic resource preservation in the City. Q. Serve as the local review board for Special Valuation and: 1) Make determinations concerning the eligibility of historic properties for special valuation; 2) Verify that the improvements are consistent with the Washington State Advisory Council's Standards for Rehabilitation and Maintenance: 3) Enter into agreements with property owners for the duration of the special valuation period as required under WAC 254 -20- 070(2); 4) Approve or deny applications for special valuation; 5) Monitor the property for continued compliance with the agreement and statutory eligibility requirements during the 10 year special valuation period; and 6) Adopt bylaws and/or administrative rules and comply with all other local review board responsibilities identified in Chapter 84.26 RCW. {WSS506123.DOC;1 /00006.900000/} - 5 - R. The Commission shall adopt rules of procedure to address items C, D, F, O and Q inclusive. 10.90.050 Rules and Officers. The Commission shall establish and adopt its own rules of procedure, and shall select from among its membership a chairperson and such other officers as may be necessary to conduct the Commission's business. 10.90.060 Commission Staff. Commission and professional staff assistance shall be designated by the Mayor with additional assistance and information to be provided by other City departments as may be necessary to aid the Commission in carrying out its duties and responsibilities under this ordinance. Section 2. This ordinance, being an exercise of a power specifically 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. ATTEST /AUTHENTICATED: � ITY „t � . l _,k/ ¢rte C CLERK, SANDRA S. CHASE APPROVED AS TO FORM: OFFICE OF THE I A T BY W. SCOTT SNYDER FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO. 3392 APPROVED: , /6� A t � M OR, G Y HAAKENSON 02/15/2002 02/19/2002 02/24/2002 03/01/2002 {WSS506123.DOC;1 /00006.900000/1 - 6 - SUMMARY OF ORDINANCE NO. 3392 of the City of Edmonds, Washington On the 19th day of February, 2002, the City Council of the City of Edmonds, passed Ordinance No. 3392. A summary of the content of said ordinance, consisting of the title, provides as follows: AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING TITLE 10 OF THE EDMONDS CITY CODE BY THE ADDITION OF A NEW CHAPTER 10.90 EDMONDS HISTORIC PRESERVATION COMMISSION AND FIXING A TIME WHEN THE SAME SHALL BE EFFECTIVE. The full text of this Ordinance will be mailed upon request. DATED this 20th day of February, 2002. CITY CLERK, SANDRA S. CHASE {WSS506121DOC;1 /00006.900000/} - % - i', -nom ic_ . ' •f — Adopted by Reference Ordinance # 339 on 7 -1 -oZ to sucl occupy] edlifl c 199 § CIfty Clerk f. 1 ,ents of Public Utilities on or 1929 84.20.040 Realty not sulblect to tax on easement or property thereon. Real estate subject to any such easement shall not be chargeable with any tax levied upon such easement or the property constructed upon or occupying such easement and shall not be sold for the nonpayment of any such tax. [1961 c 15 § 84.20.040. Prior: 1929 c.199 § 4; RRS § 11191.1 84.20.050 Railroads excepted. This chapter shall not apply to railroad easements or property. [1961 c 15 § 84.20.050. Prior: 1929 c 199 § 5; RRS § 11192.1 Chapter 84.26 HISTORIC PROPERTY Sections 84.26.010 Legislative findings. 84.26.020 Definitions. 84.26.030 Special valuation criteria. 84.26.040 Application —Fees. 84.26.050 Referral of application to local review board— Agreement- Approval or denial. 84.26.060 Notice to assessor of approval — Certification and filing — Notation of special valuation. 84.26.070 Valuation. 84.26.080 Duration of special valuation — Notice of disqualification. 84.26.090 Disqualification for valuation — Additional tax —Lien- Exceptions from additional tax. 84.26.100 Payment of additional tax — Distribution. 84.26.110 Special valuation— Request for assistance from state historic preservation officer authorized. 84.26.120 Rules. 84.26.130 Appeals from decisions on applications. 84.26.900 Severability -1.985 c 449. 84.26.010 Legislative findings. The legislature finds and declares that it is in the public interest of the people of the state of Washington to encourage maintenance, improve- ment, and preservation of privately owned historic landmarks as the state approaches its Centennial year of 1989. To achieve this purpose, this chapter provides special valuation for improvements to historic property. [1985 c 449 § 1.] 84.26.020 Definitions. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter. (1) "Historic property" means real property together with improvements thereon, except property listed in a register primarily for objects buried below ground, which is: (a) Listed in a local register of historic places created by comprehensive ordinance, certified by the secretary of the interior as provided in P.L. 96 -515; or (b) Listed in the national register of historic places. (2) "Cost" means the actual cost of rehabilitation, which cost shall be at least twenty -five percent of the assessed valuation of the historic property, exclusive of the assessed value attributable to the land, prior to rehabilitation. (3) "Special valuation" means the determination of the assessed value of the historic property subtracting, for up to (2000 Ed.) 84.20.030 ten years, such cost as is approved by the local review board. (4) "State review board" means the advisory council on historic preservation established under chapter 27.34 RCW, or any successor agency designated by the state to act as the state historic preservation review board under federal law. (5) "Local review board" means a local body designated by the local legislative authority. (6) "Owner" means the owner of record. (7) "Rehabilitation" is the process of returning a property to a state of utility through repair or alteration, which makes possible an efficient contemporary use while preserving those portions and features of the property which are significant to its architectural and cultural values. [1986 c 221 § 1; 1985 c 449 § 2.] 84.26.030 Special valuation criteria. Four criteria must be met for special valuation under this chapter. The property must: (1) Be an historic property; (2) Fall within a class of historic property determined eligible for special valuation by the local legislative authori- ty; (3) Be rehabilitated at a cost which meets the definition set forth in RCW 84.26.020(2) within twenty -four months prior to the application for special valuation; and (4) Be protected by an agreement between the owner and the local review board as described in RCW 84.26.050(2). [1986 c 221 § 2; 1985 c 449 § 3.] 84.26.040 Application —Fees. An owner of property desiring special valuation under this chapter shall apply to the assessor of the county in which the property is located upon forms prescribed by the department of revenue and supplied by the county assessor. The application form shall include a statement that the applicant is aware of the potential tax liability involved when the property ceases to be eligible for special valuation. Applications shall be made no later than October 1 of the calendar year preceding the first assessment year for which classification is requested. The assessor may charge only such fees as are necessary to process and record documents pursuant to this chapter. [1986 c 221 § 3; 1985 c 449 § 4.] 84.26.050 Referral of application to local review board — Agreement — Approval or denial. (1) Within ten days after the filing of the application in the county assessor's office, the county assessor shall refer each application for classification to the local review board. (2) The review board shall approve the application if the property meets the criterion of RCW 84.26.030 and is not altered in a way which adversely affects those elements which qualify it as historically significant, and the owner enters into an agreement with the review board which requires the owner for the ten -year period of the classifica- tion to: (a) Monitor the property for its continued qualification for the special valuation; (b) Comply with rehabilitation plans and minimum standards of maintenance as defined in the agreement; [Title 84 RCW —page 231 84.26.050 Title 84 RCW: Property Taxes (c) Make the historic aspects of the property accessible to public view one day a year, if the property is not visible from the public right of way; (d) Apply to the local review board for approval or denial of any demolition or alteration; and (e) Comply with any other provisions in the original agreement as may be appropriate. (3) Once an agreement between an owner and a review board has become effective pursuant to this chapter, there shall be no changes in standards of maintenance, public access, alteration, or report requirements, or any other provisions of the agreement, during the period of the classification without the approval of all parties to the agreement. (4) An application for classification as an eligible historic property shall be approved or denied by the local review board before December 31 of the calendar year in which the application is made. (5) The local review board is authorized to examine the records of applicants. [1986 c 221 § 4; 1985 c 449 § 5.] 84.26.060 Notice to assessor of approval — Certification and filing— Notation of special valuation. (1) The review board shall notify the county assessor and the applicant of the approval or denial of the application. (2) If the local review board determines that the property qualifies as eligible historic property, the review board shall certify the fact in writing and shall file a copy of the certificate with the county assessor within ten days. The certificate shall state the facts upon which the approval is based. (3) The assessor shall record the certificate with the county auditor. (4) The assessor, as to any historic property, shall value the property under RCW 84.26.070 and, each year the historic property is classified and so valued, shall enter on the assessment list and tax roll that the property is being specially valued as historic property. [1985 c 449 § 6.1 84.26.070 Valuation. (1) The county assessor shall, for ten consecutive assessment years following the calendar year in which application is made, place a special valuation on property classified as eligible historic property. (2) The entitlement of property to the special valuation provisions of this section shall be determined as of January 1. If property becomes disqualified for the special valuation for any reason, the property shall receive the special valua- tion for that part of any year during which it remained qualified or the owner was acting in the good faith belief that the property was qualified. (3) At the conclusion of special valuation, the cost shall be considered as new construction. [1986 c 221 § 5; 1985 c 449 § 7.1 84.26.080 Duration of special valuation— Notice of disqualification. (1) When property has once been classi- fied and valued as eligible historic property, it shall remain so classified and be granted the special valuation provided by RCW 84.26.070 for ten years or until the property is disqualified by: [Title 84 RCW —page 241. (a) Notice by the owner to the assessor to remove the special valuation; (b) Sale or transfer to an ownership making it exempt from property taxation; or (c) Removal of the special valuation by the assessor upon determination by the local review board that the property no longer qualifies as historic property or that the owner has failed to comply with the conditions established under RCW 84.26.050. (2) The sale or transfer to a new owner or transfer by reason of death of a former owner to a new owner does not disqualify the property from the special valuation provided by RCW 84.26.070 if: (a) The property continues to qualify as historic proper- ty; and (b) The new owner files a notice of compliance with the assessor of the county in which the property is located. Notice of compliance forms shall be prescribed by the state department of revenue and supplied by the county assessor. The notice shall contain a statement that the new owner is aware of the special valuation and of the potential tax liability involved when the property ceases to be valued as historic property under this chapter. The signed notice of compliance shall be attached to the real estate.excise tax affidavit provided for in RCW 82.45.150. If the notice of compliance is not signed by the new owner and attached to the real estate excise tax affidavit, all additional taxes calculated pursuant to RCW 84.26.090 shall become due and payable by the seller or transferor at time of sale. The county auditor shall not accept an instrument of conveyance of specially valued historic property for filing or recording unless the new owner has signed the notice of compliance or the additional tax has been paid, as evidenced by the real estate excise tax stamp affixed thereto by the treasurer. (3) When the property ceases to qualify for the special valuation the owner shall immediately notify the state or local review board. (4) Before the additional tax or penalty imposed by RCW 84.26.090 is levied, in the case of disqualification, the assessor shall notify the taxpayer by mail, return receipt requested, of the disqualification. [2000 c 103 § 22; 1999 c 233 § 19; 1986 c 221 § 6; 1985 c 449 § 8.1 Effective date -1999 c 233: See note following RCW 4.28.320. 84.26.090 Disqualification for valuation — Additional tax — Lien — Exceptions from additional tax. (1) Except as provided in subsection (3) of this section, whenever property classified and valued as eligible historic property under RCW 84.26.070 becomes disqualified for the valuation, there shall be added to the tax an additional tax equal to: year the (a) The cost multiplied by the levy rate in each y property was subject to special valuation; plus (b) Interest on the amounts of the additional tax at the statutory rate charged on delinquent property taxes from the dates on which the additional tax could have been paid without penalty if the property had not been valued as historic property under this chapter; plus (c) A penalty equal to twelve percent of the amount determined in (a) and (b) of this subsection. (2) The additional tax and penalties, together with applicable interest thereon, shall become a lien on the (2000 Ed:) ;i �t i (2000 Ed.) [Title 84 RCW —page 251 Historic Property 84.26.090 property which shall have priority to and shall be fully paid the provision to other persons or circumstances is and satisfied before any recognizance, mortgage, judgment, not affected. [1985 c 449 § 15.] debt, obligation, or responsibility to or with which the property may become charged or liable. (3) The additional tax, interest, and penalty shall not be Chapter 84.33 imposed if the disqualification resulted solely from: TIMBER AND FOREST LANDS (a) Sale or transfer of the property to an ownership 4 making it exempt from taxation; Sections (b) Alteration or destruction through no fault of the 84.33.010 Legislative findings. owner; or 84.33.020 Classification of timberlands. (c) A taking through the exercise of the power of 84.33.035 Definitions. eminent domain. [1986 c 221 § 7; 1985 c 449 § 9.] 84.33.040 Timber on privately or federally owned land exempted from ad valorem taxation. 84.33.041 State excise tax on harvesters of timber imposed— Credit for 84.26.100 Payment of additional tax — Distribution. county tax— Deposit of moneys in timber tax distribu- The additional tax penalties, and /or interest provided by 84.33.046 tion account. Excise tax rate July 1, 1988, and thereafter. RCW 84.26.090 shall be payable in full thirty days after the 84.33.051 County excise tax on harvesters of timber authorized— date which the treasurer's statement therefor is rendered. Rate— Administration and collection— Deposit of mon- Such additional tax when collected shall be distributed by eys in timber tax distribution account —Use. the county treasurer in the same manner in which current 84.33.073 Definitions. taxes applicable to the subject land are distributers. [1985 c 84.33.074 Excise tax on harvesters of timber -- Calculation of tax by ." 449 § 10.1 _ 84.33.075 small harvesters — Election — Filing form. Excise tax on harvesters of timber— Exemption for certain 84.26.110 Special valuation — Request for assistance 84.33.077 84.33.0775 nonprofit organizations, associations, or corporations. Credit for property taxes paid on timber on public land. ''. from state historic preservation officer authorized. The 84.33.078 Timber harvest tax credit. Sale of timber on nonfederally owned land Notice : local legislative authority and the local review board may public — of sale or prospectus to indicate tax treatment. request the assistance of the state historic preservation officer 84.33.081 Distributions from timber tax distribution account — in conducting special valuation activities. [1985 c 449 § 11.] 84.33.086 Payment7of tax. s from county timber tax account. 84.26.120 84.33.091 Tables of stumpage values— Revised tables — Legislative Rules. The state review board shall adopt Appeal. rules necessary to carry out the purposes of this chapter. 84.33.096 ppreview— Application of excise taxes' administrative provisions and p The rules shall include rehabilitation and maintenance 84.33.100 definitions. Forest land valuation— Definitions. standards for historic properties to be used as minimum re- 84.33.110 Forest land valuation— Grading forest land — Classes. quirements by local review boards to ensure that the historic 84.33.112 Forest land valuation— Grading forest land— Completion property is safe and habitable, including but not limited to: date— Hearings. (1) Elimination of visual blight due to past neglect.of 84.33.113 Forest land valuation— Grading forest land— Review of maintenance and repair to the exterior of the building, 84.33.114 grades. Forest land valuation -- Grading forest land -- Certification of including replacement of broken or missing doors and grades to department of revenue by department of natu- natu- E ' windows, repair of deteriorated architectural features, and ral resources. painting of exterior surfaces; 84.33.115 Forest land valuation— Grading forest land— Certification of 1 .,. (2) Correction of structural defects and hazards; grades to county assessors — Placement of forest land within land grades. (3) Protection from weather damage due to defective 84.33.11.6 Forest land valuation— Grading forest land— Notice to own- roofing, flashings, glazing, caulking, or lack of heat; and ers of grades— Petition for correction of grade— Appeal. 84.33.118 Forest land valuation—Grading forest land —Notice to own- could cause or augment fire or explosion. [1985 c 449 § ers of value established— Petitions for correction of value. 12.] 84.33.120 Forest land valuation— Assessor to list forest land at grade and class values— Computation of assessed value - ' 84.26.130 Appeals from decisions on applications. Adjustment of values --- Certification— Use —Notice of ` Any decision by a local review board on an application for continuance— Appeals — Removal of classification - Compensating tax. classification as historic property eligible for special valua- 84.33.130 Forest land valuation — Application by owner that land be tion may be appealed to superior court under RCW designated and valued forest land— Hearing— Rules- 34.05.510 through 34.05.598 in addition to any other remedy cation — Appeal. Approval, denial of application—Appeal. at law. Any decision on the disqualification of historic 84.33.140 Forest land valuation— Notation of forest land designation property eligible for special valuation, or any other dispute, upon assessment and tax rolls —Notice of continuance— Removal of designation— Compensating tax. may be appealed to the county board of equalization. [1989 84.33.145 Compensating tax — Deferral upon application for classifica- c 175 § 178; 1985 c 449 § 13.] lion under RCW 84.34.020 — Computation of tax- i f Effective date -1989 c 175: See note following RCW 34.05.010. 84.33.170 Exemption. Application of chapter to Christmas trees. 84.33.175 Application of tax —Sale of land to governmental agency 84.26.900 Severability -1985 c 449. If any provision with reservation of rights to timber— Conveyance by of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of 84.33.200 Legislative rreviewaof timber tax system — Information and data to be furnished. (2000 Ed.) [Title 84 RCW —page 251 "4 Agency Vendor Payment Revolving Fund —Petty Cash Accounts accot Adopted by Reference )plicable ! regul Ordinance #.1392 on a - /9 -Oz nt. The Gusto dam` ;ed by a suret, — ill times and a City Clerk account- ing fc _ _.. addition to other conditions required by law. [1979 c 151 § 77; 1969 ex.s. c 60 § 7.] 42.26.080 Violation of petty cash account require- ments. If a post audit by the state auditor discloses the amount of the petty cash account of any agency under this chapter to be excessive or the use of the account to be in violation of requirements governing its operation, the director of financial management may require the return of the account or of the excessive amount to the state treasury for credit to the fund from which the advance was made. [1979 c 151 § 78; 1969 ex.s. c 60 § 8.] 42.26.090 Regulations for petty cash and accounts. The director of financial management shall adopt such regulations as may be necessary or desirable to implement the provisions of this chapter. Such regulation shall include but not be limited to, (1) defining limitations on the use of petty cash, and (2) providing accounting and reporting procedures for operation of the petty cash account. [1979 c 151 § 79; 1969 ex.s. c 60 § 9.] 42.26.900 Effective date -1969 ex.s. c 60. This chapter shall take effect July 1, 1969. [1969 ex.s. c 60 § 12.] Chapter 42.30 OPEN PUBLIC MEETINGS ACT Sections 42.30.010 Legislative declaration. 42.30.020 Definitions. 42.30.030 Meetings declared open and public. 42.30.040 Conditions to attendance not to be required. 42.30.050 Interruptions— Procedure. 42.30.060 Ordinances, rules, resolutions, regulations, etc., adopted at public meetings— Notice — Secret voting prohibited. 42.30.070 Times and places for meetings — Emergencies— Exception. 42.30.075 Schedule of regular meetings— Publication in state register — Notice of change — "Regular" meetings defined. 42.30.080 Special meetings. 42.30.090 Adjournments. 42.30.1.00 Continuances. 42.30.110 Executive sessions. 42.30.120 Violations — Personal liability — Penalty— Attorney fees and costs. 42.30.130 Violations — Mandamus or injunction. 42.30.140 Chapter controlling — Application. 42.30.200 Governing body of recognized student association at college or university — Chapter applicability to. 42.30.900 Short title. 42.30.910 Construction -1971 ex.s. c 250. 42.30.920 Severability -1971 ex.s. c 250. Drug reimbursement policy recommendations: RCW 43.20A.365. :: 42.30.010 Legislative declaration. The legislature finds and declares that all public commissions, boards, councils, committees, subcommittees, departments, divisions, (2000 Ed.) 42.26.070 offices, and all other public agencies of this state and subdivisions thereof exist to aid in the conduct of the people's business. It is the intent of this chapter that their actions be taken openly and that their deliberations be conducted openly. The people of this state do not yield their sovereignty to the agencies which serve them. The people, in delegating authority, do not give their public servants the right to decide what is good for the people to know and what is not good for them to know. The people insist on remaining informed so that they may retain control over the instruments they have created. [1971 ex.s. c 250 § 1.] Reviser's note: Throughout this chapter, the phrases "this act' and "this 1971 amendatory act" have been changed to "this chapter." "This act' [1971 ex.s. c 250] consists of this chapter, the amendment to RCW 34.04.025, and the repeal of RCW 42.32.010 and 42.32.020. 42.30.020 Definitions. As used in this chapter unless the context indicates otherwise: (1) "Public agency" means: (a) Any state board, commission, committee, depart- ment, educational institution, or other state agency which is created by or pursuant to statute, other than courts and the legislature; (b) Any county, city, school district, special purpose district, or other municipal corporation or political subdivi- sion of the state of Washington; (c) Any subagency of a public agency which is created by or pursuant to statute, ordinance, or other legislative act, including but not limited to planning commissions, library or park boards, commissions, and agencies; (d) Any policy group whose membership includes representatives of publicly owned utilities formed by or pursuant to the laws of this state when meeting together as or on behalf of participants who have contracted for the output of generating plants being planned or built by an operating agency. (2) "Governing body" means the multimember board, commission, committee, council, or other policy or rule - making body of a public agency, or any committee thereof when the committee acts on behalf of the governing body, conducts hearings, or takes testimony or public comment. (3) "Action" means the transaction of the official business of a public agency by a governing body including but not limited to receipt of public testimony, deliberations, discussions, considerations, reviews, evaluations, and final actions. "Final action" means a collective positive or negative decision, or an actual vote by a majority of the members of a governing body when sitting as a body or entity, upon a motion, proposal, resolution, order, or ordi- nance. (4) "Meeting" means meetings at which action is taken. 11985 c 366 § 1; 1983 c 155 § 1; 1982 1st ex.s. c 43 § 10; 1971 ex.s. c 250 § 2.1 Severability— Savings -1982 1st ex.s. a 43: See notes following RCW 43.52.374. 42.30.030 Meetings declared open and public. All meetings of the governing body of a public agency shall be open and public and all persons shall be permitted to attend any meeting of the governing body of a public agency, [Title 42 RCW —page 591 42:30.030 Title 42 RCW: Public Officers and Agencies except as otherwise provided in this chapter. [1971 ex.s. c 250 § 3.] 42.30.040 Conditions to attendance not to be required. A member of the public shall not be required, as a condition to attendance at a meeting of a governing body, to register his name and other information, to complete a questionnaire, or otherwise to fulfill any condition precedent to his attendance. [1971 ex.s. c 250 § 4.] 42.30.050 Interruptions— Procedure. In the event that any meeting is interrupted by a group or groups of persons so as to render the orderly conduct of such meeting unfeasible and order cannot be restored by the removal of individuals who are interrupting the meeting, the members of the governing body conducting the meeting may order the meeting room cleared and continue in session or may adjourn the meeting and reconvene at another location selected by majority vote of the members. In such a session, final disposition may be taken only on matters appearing on the agenda. Representatives of the press or other news media, except those participating in the disturbance, shall be allowed to attend any session held pursuant to this section. Nothing in this section shall prohibit the governing body from establishing a procedure for readmitting an individual or individuals not responsible for disturbing the orderly conduct of the meeting. [1971 ex.s. c 250 § 5.] 42.30.060 Ordinances, rules, resolutions, regula- tions, etc., adopted at public meetings— Notice— Secret voting prohibited. (1) No governing body of a public agency shall adopt any ordinance, resolution, rule, regulation, order, or directive, except in a meeting open to the public and then only at a meeting, the date of which is fixed by law or rule, or at a meeting of which notice has been given according to the provisions of this chapter. Any action taken at meetings failing to comply with the provisions of this subsection shall be null and void. (2) No governing body of a public agency at any meeting required to be open to the public shall vote by secret ballot. Any vote taken in violation of this subsection shall be null and void, and shall be considered an "action" under this chapter. [1989 c 42 § 1; 1971 ex.s. c 250 § 6.] 42.30.070 Times and places for meetings - Emergencies— Exception. The governing body of a public agency shall provide the time for holding regular meetings by ordinance, resolution, bylaws, or by whatever other rule is required for the conduct of business by that body. Unless otherwise provided for in the act under which the public agency was formed, meetings of the governing body need not be held within the boundaries of the territory over which the public agency exercises jurisdiction. If at any time any regular meeting falls on a holiday, such regular meeting shall be held on the next business day. If, by reason of fire, flood, earthquake, or other emergency, there is a need for expedited action by a governing body to meet the emergen- cy, the presiding officer of the governing body may provide for a meeting site other than the regular meeting site and the notice requirements of this chapter shall be suspended during such emergency. It shall not be a violation of the require- ments of this chapter for a majority of the members of a governing body to travel together or gather for purposes other than a regular meeting or a special meeting as these terms are used in this chapter: PROVIDED, That they take no action as defined in this chapter. [1983 c 155 § 2; 1973 c 66 § 1; 1971 ex.s. c 250 § 7.] 42.30.075 Schedule of regular meetings — Publication in state register— Notice of change — "Regular" meetings defined. State agencies which hold regular meetings shall file with the code reviser a schedule of the time and place of such meetings on or before January of each year for publication in the Washington state register. Notice of any change from such meeting schedule shall be published in the state register for distribution at least twenty days prior to the rescheduled meeting date. For the purposes of this section "regular" meetings shall mean recurring meetings held in accordance with a periodic schedule declared by statute or rule. [1977 ex.s. c 240 § 12.] Effective dat"everability -1977 ex.s. c 240: See RCW 34.08.905 and 34.08.910. Public meeting notices in state register: RCW 34.08.020. 42.30.080 Special meetings. A special meeting may be called at any time by the presiding officer of the govern- ing body of a public agency or by a majority of the members of the governing body by delivering personally or by mail written notice to each member of the governing body; and to each local newspaper of general circulation and to each local radio or television station which has on file with the govern- ing body a written request to be notified of such special meeting or of all special meetings. Such notice must be delivered personally or by mail at least twenty -four hours before the time of such meeting as specified in the notice. The call and notice shall specify the time and place of the special meeting and the business to be transacted. Final disposition shall not be taken on any other matter at such meetings by the governing body. Such written notice may be dispensed with as to any member who at or prior to the time the meeting convenes files with the clerk or secretary of the governing body a written waiver of notice. Such waiver may be given by telegram. Such written notice may also be dispensed with as to any member who is actually present at the meeting at the time it convenes. The notices provided in this section may be dispensed with in the event a special meeting is called to deal with an emergency involving injury or damage to persons or property or the likelihood of such injury or damage, when time requirements of such notice would make notice impractical and increase the likelihood of such injury or damage. [1971 ex.s. c 250 § 8.1 42.30.090 Adjournments. The governing body of a public agency may adjourn any regular, adjourned regular, special or adjourned special meeting to a time and place specified in the order of adjournment. Less than a quorum may so adjourn from time to time. If all members are absent from any regular or adjourned regular meeting the clerk or secretary of the governing body may declare the meeting adjourned to a stated time and place. He shall [Title 42 RCW —page 60] (2000 Ed.) Open Public Meetings Act cause a written notice of the adjournment to be given in the same manner as provided in RCW 42.30.080 for special meetings, unless such notice is waived as provided for special meetings. Whenever any meeting is adjourned a copy of the order or notice of adjournment shall be conspic- uously posted immediately after the time of the adjournment on or near the door of the place where the regular, adjourned regular, special or adjourned special meeting was held. When a regular or adjourned regular meeting is adjourned as provided in this section, the resulting adjourned regular meeting is a regular meeting for all purposes. When an order of adjournment of any meeting fails to state the hour at which the adjourned meeting is to be held, it shall be held at the hour specified for regular meetings by ordinance, resolution, bylaw, or other rule. [1971 ex.s. c 250 § 9.] 42.30.100 Continuances. Any hearing being held, noticed, or ordered to be held by a governing body at any meeting may by order or notice of continuance be continued or recontinued to any subsequent meeting of the governing body in the same manner and to the same extent set forth in RCW 42.30.090 for the adjournment of meetings. [1971 ex.s. c 250 § 10.1 42.30.110 Executive sessions. (1) Nothing contained in this chapter may be construed to prevent a governing body from holding an executive session during a regular or special meeting: (a) To consider matters affecting national security; (b) To consider the selection of a site or the acquisition of real estate by lease or purchase when public knowledge regarding such consideration would cause a likelihood of increased price; (c) To consider the minimum price at which real estate will be offered for sale or lease when public knowledge regarding such consideration would cause a likelihood of decreased price. However, final action selling or leasing public property shall be taken in a meeting open to the public; (d) To review negotiations on the performance of publicly bid contracts when public knowledge regarding such consideration would cause a likelihood of increased costs; (e) To consider, in the case of an export trading company, financial and commercial information supplied by private persons to the export trading company; (f) To receive and evaluate complaints or charges brought against a public officer or employee. However, upon the request of such officer or employee, a public hearing or a meeting open to the public shall be conducted upon such complaint or charge; (g) To evaluate the qualifications of an applicant for public employment or to review the performance of a public employee. However, subject to RCW 42.30.140(4), discus- sion by a governing body of salaries, wages, and other conditions of employment to be generally applied within the agency shall occur in a meeting open to the public, and when a governing body elects to take final action hiring, setting the salary of an individual employee or class of employees, or discharging or disciplining an employee, that action shall be taken in a meeting open to the public; 42.30.090 (h) To evaluate the qualifications of a candidate for appointment to elective office. However, any interview of such candidate and final action appointing a candidate to elective office shall be in a meeting open to the public; (i) To discuss with legal counsel representing the agency matters relating to agency enforcement actions, or to discuss with legal counsel representing the agency litigation or potential litigation to which the agency, the governing body, or a member acting in an official capacity is, or is likely to become, a party, when public knowledge regarding the discussion is likely to result in an adverse legal or financial consequence to the agency; 0) To consider, in the case of the state library commis- sion or its advisory bodies, western library network prices, products, equipment, and services,-when such discussion would be likely to adversely affect the network's ability to conduct business in a competitive economic climate. However, final action on these matters shall be taken in a meeting open to the public; (k) To consider, in the case of the state investment board, financial and commercial information when the information relates to the investment of public trust or retirement funds and when public knowledge regarding the discussion would result in loss to such funds or in private loss to the providers of this information. (2) Before convening in executive session, the presiding officer of a governing body shall publicly announce the purpose for excluding the public from the meeting place, and the time when the executive session will be concluded. The executive session may be extended to a stated later time by announcement of the presiding officer. [1989 c 238 § 2; 1987 c 389 § 3; 1986 c 276 § 8; 1985 c 366 § 2; 1983 c 155 § 3; 1979 c 42 § 1; 1973 c 66 § 2; 1971 ex.s. c 250 § I1.] Severability— Effective date -1987 c 389: See notes following RCW 41.06.070. Severability -1986 c 276: See RCW 53.31.901. 42.30.120 Violations — Personal liability—Penalty- Attorney fees and costs. (1) Each member of the governing body who attends a meeting of such governing body where action is taken in violation of any provision of this chapter applicable to him, with knowledge of the fact that the meeting is in violation thereof, shall be subject to personal liability in the form of a civil penalty in the amount of one hundred dollars. The civil penalty shall be assessed by a judge of the superior court and an action to enforce this penalty may be brought by any person. A violation of this chapter does not constitute a crime and assessment of the civil penalty by a judge shall not give rise to any disability or legal disadvantage based on conviction of a criminal offense. (2) Any person who prevails against a public agency in any action in the courts for a violation of this chapter shall be awarded all costs, including reasonable attorney fees, incurred in connection with such legal action. Pursuant to RCW 4.84.185, any public agency who prevails in any action in the courts for a violation of this chapter may be awarded reasonable expenses and attorney fees upon final judgment and written findings by the trial judge that the action was frivolous and advanced without reasonable cause. [1985 c 69 § 1; 1973 c 66 § 3; 1971 ex.s. c 250 § 12.] (2000 Ed.) [Title 42 RCW —page 61] 42.30.130 Title 42 RCW: Public Officers and Agencies 42.30.130 Violations— Mandamus or injunction. Any person may commence an action either by mandamus or injunction for the purpose of stopping violations or preventing threatened violations of this chapter by members of a governing body. [1971 ex.s. c 250 § 13.] 42.30.140 Chapter controlling — Application. If any provision of this chapter conflicts with the provisions of any other statute, the provisions of this chapter shall control: PROVIDED, That this chapter shall not apply to: (1) The proceedings concerned with the formal issuance of an order granting, suspending, revoking, or denying any license; permit, or certificate to engage in any business, occupation, or profession or to any disciplinary proceedings involving a member of such business, occupation, or pro- fession, or to receive a license for a sports activity or to operate any mechanical device or motor vehicle where a license or registration is necessary; or (2) That portion of a meeting of a quasi-judicial body which relates to a quasi - judicial matter between named parties as distinguished from a matter having general effect on the public or on a class or group; or (3) Matters governed by chapter 34.05 RCW, the Administrative Procedure Act; or (4)(a) Collective bargaining sessions with employee organizations, including contract negotiations, grievance meetings, and discussions relating to the interpretation or application of a labor agreement; or (b) that portion of a meeting during which the governing body is planning or adopting the strategy or position to be taken by the govern- ing body during the course of any collective bargaining, professional negotiations, or grievance or mediation proceed- ings, or reviewing the proposals made in the negotiations or proceedings while in progress. [1990 c 98 § 1; 1989 c 175 § 94; 1973 c 66 § 4; 1971 ex.s. c 250 § 14.] Effective date -1989 c 175: See note following RCW 34.05.010. Drug reimbursement policy recommendations: RCW 43.20A.365. Mediation testimony competency: RCW 5.60.070 and 5.60.072. 42.30.200 Governing body of recognized student association at college or university— Chapter applicability to. The multimember student board which is the governing body of the recognized student association at a given campus of a public institution of higher education is hereby declared to be subject to the provisions of the open public meetings act as contained in this chapter, as now or hereafter amend- ed. For the purposes of this section, "recognized student association" shall mean any body at any of the state's colleges and universities which selects officers through a process approved by the student body and which represents the interests of students. Any such body so selected shall be recognized by and registered with the respective boards of trustees and regents of the state's colleges and universities: PROVIDED, That there be no more than one such associa- tion representing undergraduate students, no more than one such association representing graduate students, and no more than one such association representing each group of professional students so recognized and registered at any of the state's colleges or universities. [1980 c 49 § 1.] [Title 42 RCW —page 621 42.30.900 Short title. This chapter may be cited as the "Open Public Meetings Act of 1971 ". [1971 ex.s. c 250 § 16.] 42.30.910 Construction -1971 ex.s. c 250. The purposes of this. chapter are hereby declared remedial and shall be liberally construed. [1971 ex.s. c 250 § 18.] 42.30.920 Severability -1971 ex.s. c 250. If any provision of this act, or its application to any person or circumstance is held invalid, the remainder of the act, or the application of the provision to other persons or circumstanc- es is not affected. [1971 ex.s. c 250 § 19.] Chapter 42.32 MEETINGS Sections 42.32.030 Minutes. Drug reimbursement policy recommendations: RCW 43.20A.365. Open Public Meetings Act: Chapter 42.30 RCW. 42.32.030 Minutes. The minutes of all regular and special meetings except executive sessions of such boards, commissions, agencies or authorities shall be promptly recorded and such records shall be open to public inspection. [1953c216 §3.] Reviser's note: RCW 42.32.010 and 42.32.020 were repealed by 1971 ex.s. c 250 § 15; later enactment, see chapter 42.30 RCW. Chapter 42.36 APPEARANCE OF FAIRNESS DOCTRINE — LIMITATIONS Sections 42.36.010 Local land use decisions. 42.36.020 Members of local decision - making bodies. 42.36.030 Legislative action of local executive or legislative officials. 42.36.040 Public discussion by candidate for public office. 42.36.050 Campaign contributions. 42.36.060 Quasi-judicial proceedings —Ex parte communications pro- hibited, exceptions. 42.36.070 Quasi - judicial proceedings —Prior advisory proceedings. 42.36.080 Disqualification based on doctrine —Time limitation for raising challenge. 42.36.090 Participation of challenged member of decision - making body. 42.36.100 Judicial restriction of doctrine not prohibited— Construction of chapter. 42.36.110 Right to fair hearing not impaired. 42.36.900 Severability -1982 c 229. 42.36.010 Local land use decisions. Application of the appearance of fairness doctrine to local land use deci- sions shall be limited to the quasi - judicial actions of local decision - making bodies as defined in this section. Quasi - judicial actions of local decision - making bodies are those actions of the legislative body, planning commission, hearing examiner, zoning adjuster, board of adjustment, or boards which determine the legal rights, duties, or privileges of specific parties in a hearing or other contested case proceed- ing. Quasi - judicial actions do not include the legislative (2000 Ed.) Page 1 of 1 WAC 254 -20 -070 Responsibilities of local review boards. (1) Following receipt of an application for special valuation from the county assessor, the local review board shall, consistent with locally adopted rules of procedure, determine if the property meets the following criteria: (a) The property is historic property; (b) The property is included within a class of historic property determined eligible for special valuation by the local legislative authority under an ordinance or administrative rule; . (c) The property has been rehabilitated at a cost which meets the definition set forth in RCW 84.26.020(2) within twenty -four months prior to the date of application; and (d) The property has not been altered in any way which adversely affects those elements which qualify it as historically significant. (2) If the local review board finds that the property satisfies all four of the above requirements, then it shall, on behalf of the local jurisdiction, enter into an agreement with the owner which, at a minimum, includes the provisions set forth in WAC 254 -20 -120. Upon execution of said agreement between the owner and the local review board, the local review board shall approve the application. (3) If the local review board determines that the property does not meet all of the requirements for special valuation, then it shall deny the application. (4) An application for special valuation shall be approved or denied by the local review board before December 31 of the calendar year in which the application is made. The local review board shall certify its decision in writing and state the facts upon which the approval or denial is based. The local review board shall file a copy of the certification with the county assessor within ten days of issuing a decision. (5) If the application is approved, the local review board shall forward a copy of the agreement, the application, and supporting documentation as required by WAC 254 -20- 090(4) to the county assessor for recording and shall notify the state review board that the property has been approved for special valuation. (6) Once an application for special valuation has been approved, the local review board shall determine, according to its bylaws and rules of procedure, whether or not the property has become disqualified, either because of the owner's failure to comply with the terms of the agreement, or because of a loss of historic value resulting from physical changes to the building or site. In the event that a local review board concludes that a property is no longer qualified for special valuation, it shall notify the owner, the county assessor, and the state review board in writing and state the facts supporting its findings. [Statutory Authority: RCW 84.26.120. 86 -21 -103 (Order 86 -11), § 254 -20 -070, filed 10/20/86.] Adopted by Reference Ordinance #339 on 2- 19 -02. ldl ..f City Clerk ... /wac %20254 %20 - %2020 %20 - 070. htm? f = templates $fn = legdoc- frame.htm$3.0$q= 254- 20 -Oi3/ 14/2002 STATE OF WASHINGTON, COUNTY OF SNOHOMISH UMMARY OF ORDINANCE NO 3392 of the dy of Edmonds, Washington On the 191h day of February. 200 ?, the Cay Council of the City of Edmonds, passed Ordinance No. 3392 A summary of the content of said ordinance, consisting of 'r the title, provides as follows: r AN ORDINANCE OF THE'CITY OF EDMONDS, WASH' INGTON, AMENDING TITLE 10 OF THE EDMONDS I CITY CODE BY THE ADDITION OF A NEW CHAPTER I 10.90 EDMONDS HISTORIC RESERVATION OO�MMoc SI N AN FIXI I A i rmc Y' HEN T„t -- (CTIVE. The full text of this Ordinance will be mailed upon request. yy DATED this 20th CITYf CLERK, SANDRA S. CHASE Published: February 24, 2002. Affidavit of Publication S.S. 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 City of Edmonds Summary of Ordinance No. 3392 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: February 24, 2002 and that said newspaper was regularly distributed to its subscribers during all of said period. Subscribed and sworn to before me this 25th day of February 2002 RECEIVF.L FEB 2 7 2002 EDMONDS CITY CLERK Principal Clerk lt5mgtot4 bes'1'tlttigm7 pUa`IC t �. 0"* 19 20 0