Ordinance 37880006.90000
WSS /gjz
12/28/09
R:1 /27/1 Ogjz
R:2/2/l Ogjz
R:2/8/l Ogjz
R:3 /10 /l Ogjz
ORDINANCE NO. 3788
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, COORDINATING THE PROVISIONS OF
TITLE 18 AND TITLE 20 BY AMENDING ECDC SECTION
18.00.020(C); AMENDING 18.10.010 SEWER CONNECTIONS,
SECTION E HEARING, AMENDING 18.10.030 UNLAWFUL
CONNECTIONS; AMENDING 18.30.065 EXCEPTIONS TO
MINIMUM REQUIREMENTS; AMENDING 18.30.080
ENFORCEMENT ACTIONS, (C) CIVIL PENALTY;
AMENDING 18.30.130(C); AMENDING 18.40.120
PROHIBITED ROCKERIES, BY AMENDING SECTIONS (B)
AND (C) AND ADDING A NEW SECTION (D); AMENDING
SECTION 18.45.070 VIOLATIONS AND PENALTIES;
AMENDING CHAPTER 18.60 BY THE ADDITION OF A NEW
SECTION 18.60.050 DECISION AND APPEAL; AMENDING
SECTION 18.70.030 (D) APPEAL; AMENDING SECTION
18.80.060 DRIVEWAY AND CURB CUT REQUIREMENTS,
BY AMENDING SECTION (D) AND ADDING A NEW
SECTION (E) APPEALS; SECTION 18.80.070 STREET SLOPE
REQUIREMENTS, SECTION 18.85.060 VISIBILITY
BLOCKAGE, (B) ENFORCEMENT; SECTION 18.95.030 TO
ADD A NEW SUBSECTION (C), AND FIXING A TIME WHEN
THE SAME SHALL BECOME EFFECTIVE.
WHEREAS, the City Council has adopted new procedural provisions in Title 20
of the Edmonds Community Development Code, and
WHEREAS, the procedures of Title 20 are generally not applicable to the public
works requirements of Title 18, and
WHEREAS, Title 18 contains a variety of administrative hearing and procedures,
and
{WSS756541.D0Cj \00006.900000\
WHEREAS, the City Council wishes to clarify the application of the requirements
of Title 20 to Title 18, NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO
ORDAIN AS FOLLOWS:
Section 1. The Edmonds Community Development Code, Section 18.00.020
Review, Section C, Decision hereby amended to read as follows:
18.00.020 Review.
C. Decision. The Public Works Director or his designee shall
decide whether to approve, conditionally approve, or deny the
application, based on staff analysis and comments from other
departments. The decision shall be in writing, and unless another
appeal procedure is specifically identified in the provisions of this
title, shall be appealable to the Hearing Examiner pursuant to
Chapter 20.06 ECDC as a Type II decision. Notice of the hearing
shall be provided to the applicant and /or appellant and any other
party who has requested notice in writing or provided written
notice during the application process. Such notice shall be
provided in writing at least five (5) business days prior to the
hearing. No application may be approved that conflicts with any
portion of the Community Development Code unless that portion
is specifically subject to waiver or variance.
Section 2. The provisions of Chapter 18. 10.010 Sewer Connections, Section E
Hearing, is hereby amended to read as follows:
18.10.010 Sewer Connections.
E. Hearing. The City Clerk shall notify the owner of each
property in the same manner as notice is provided in a local
improvement district of each proposed assessment. The City
Council shall hold a hearing under the procedures applicable to a
Type V legislative process. The City Council shall, by ordinance
{WSS756541.DOC;1 \00006.900000\ } - 2 -
after the hearing, assess the cost of making the connection against
the property connected. The assessment shall become a lien
against each property, shall be collected in the manner provided by
law for the collection of local improvement assessments, and shall
bear interest at the rate of interest established by ordinance from
the date of the approval of the assessment.
Section 3. The Edmonds Community Development Code, Section 18.10.030
Unlawful connections is hereby amended to read as follows:
18.10.030 Unlawful connections.
A. Notice. If any land or structure contains an unauthorized
connection to the sewerage system as prohibited by this Chapter,
such connection or the maintenance of such connection shall
constitute a misdemeanor subject to the penalties provided for in
Chapter 5.50 ECC. In addition, and not by way of limitation, the
Public Works Director or his designee may send notice to correct
such violation to the owner of the premises addressed to the street
address of the premises. Where the records of the water /sewer
utility show a different address for the owner, a copy of the notice
shall be mailed to that street address shown for billing purposes.
B. Administrative Hearing. The property owner may request
an administrative hearing regarding the unauthorized connection,
the maintenance of the connection and /or the property owner's
failure to connect to the sewerage system (hereinafter
"Condition "). Such request may be made in writing within thirty
(30) days of the date of the mailed notice specified in paragraph A
above. Such hearing shall be conducted before the Hearing
Examiner as a Type II procedure pursuant to the procedures set
forth in Chapter 20.06 ECDC.
C. Charge. If the Condition has not been corrected within the
period specified by the Public Works Director, not less than sixty
(60) days from the date of mailing of the notice, there shall be
added to the utility bill prescribed by the Edmonds City Code for
such premises an additional utility charge of $20.00 per month for
each month of violation after the expiration of the specified period.
The additional is not a fine or penalty but rather is reflective of the
additional burdens placed on the City's utility system and is
assessed as a utility charge. The additional charge shall continue
and be collected along with the full sewerage rate until such time
{WSS756541.DOC;1 \00006.900000\ } -3 -
as the owner of the premises corrects such Condition. Upon
correction, an additional utility charge of $20.00 per month shall
cease.
Section 4. The Edmonds Community Development Code Section 18.30.065
Exceptions to minimum requirements, introductory section is amended to read as follows:
18.30.065 Exceptions to minimum requirements.
Exceptions to the ESC and SQC minimum requirements may be
granted prior to permit approval and construction. An exception
may be granted in accordance with the procedures set forth in
ECDC 18.00.020(C). Such exception may be granted only if all
the following criteria for approval have been met:
Section 5. The Edmonds Community Development Code Section 18.30.080
Enforcement action, Section C Civil Penalty is hereby amended to read as follows:
18.30.080 Enforcement action.
C. . Civil Penalty. A person who fails to comply with the
requirements of this chapter, who fails to conform to an approval
or order issued, who undertakes new development without first
obtaining approval, or who fails to comply with a stop work order
issued under these regulations shall be subject to a civil penalty
levied in accordance with the provisions of Chapter 20.110 ECDC,
provided, however that the appeal process shall commence with a
notice of civil violation as provided in ECDC 20.110.040(B) and
be subject to appeal as provided in ECDC 20.110.040(C)..
Section 6. The Edmonds Community Development Code Section 18.30.130
Maintenance enforcement, Section C. Civil Penalty, is hereby amended to read as follows:
18.30.130 Maintenance enforcement.
C. Civil Penalty. A person who fails to comply with the
requirements of this Chapter or fails to conform to the terms of an
approval or order issued shall be subject to the civil enforcement
{WSS756541.DOC;1 \00006.900000\ 1 - 4 -
procedures outlined in Chapter 20.110 ECDC, provided, however
that the appeal process shall commence with a notice of civil
violation as provided in ECDC 20.110.040(B) and be subject to
appeal as provided in ECDC 20.110.040(C).
Section 7. The Edmonds Community Development Code Section 18.40.120
Prohibited rockeries, is hereby amended by the amendment of Sections B and C and the addition
of a new Section D, to read as follows:
18.40.120 Prohibited rockeries.
B. No person shall construct a prohibited rockery in the City
of Edmonds. The violation of any of the provisions of this section
shall be punishable as a misdemeanor in accordance with the
provisions of Chapter 5.50 of the Edmonds City Code. It shall be a
separate offense for each and every day or portion thereof during
which any violation of any provisions of this section is committed
or be allowed to continue. Construction of a rockery prior to
October 1, 2007 shall be an affirmative defense to an enforcement
action for violation of this section.
C. In addition to the preceding criminal remedy, the
construction of a prohibited rockery after October 1, 2007 is
hereby declared to be a nuisance and shall be subject to abatement
in accordance with the civil enforcement procedures of Chapter
20.110 ECDC.
D. Rockeries on public right of way or other public properties
shall be the subject of an abatement order by the Public Works
Director or his designee. Rockeries located on private property
shall be subject to the abatement order of the Building Official.
Rockeries located in part on public property or a public right of
way and private property may be abated by either the Public
Works Director or his designee, or the Building Official.
Section 8. The Edmonds Community Development Code Section 18.45.070
Violations and penalties is hereby amended to read as follows:
(WSS756541.DOC;1 \00006.900000\ ) - 5 -
18.45.070 Violations and penalties.
A. A violation of any of the provisions of this Chapter shall
constitute a misdemeanor and shall be punishable as provided in
Chapter 5.50 of the Edmonds City Code. Each and every day or
portion thereof during which any violation of any of the provisions
of this Chapter is committed or permitted to continue shall
constitute a separate offense.
B. Any person found to be in violation of the provisions of
this Chapter shall be subject to a civil penalty in an amount not to
exceed $1,000 per day and /or $500 per tree. This civil fine shall
be in addition to any criminal, civil, or injunctive remedy available
to the City. The Planning Division Manager shall utilize the
procedures outlined in Chapter 20.110 of the Edmonds Community
Development Code in order to notify an individual of violation,
provided, however, that the appeal process shall commence with a
notice of civil violation as provided in ECDC 20.110.040(B) and
be subject to an appeal as provided in ECDC 20.110.040(C).
C. The fines established in subsection B of this section shall
be tripled to $3,000 per day and /or $1,500 per tree for clearing
which occurs within any critical area or critical area buffer, in any
earth subsidence or landslide hazard area, any Native Growth
Protection Easement or in any area which is designated for transfer
or dedication to public use upon final approval of a subdivision,
planned residential development or other development permit.
Section 9. Chapter 18.60 is hereby amended by the addition of a new Section
18.60.050 Decision and appeal to read as follows:
18.60.050 Decision and appeal.
Permits shall be processed and appealable in accordance with the
provisions of ECDC 18.00.020.
Section 10. Section 18.70.030 Review is hereby amended to add a new
subsection D to read as follows:
18.70.030 Review.
D. Appeal. The decision of the development services director,
{WSS756541.DOC;1 \00006.900000\ } - 6 -
city engineer, or their respective designews, may be appealed to
the hearing examiner as a Type II procedure pursuant to Chapter
20.06; provided, however, that the establishment of compensation
for use of the public right of way is a legislative decision of the
city council and is not subject to judicial review.
Section 11. The Edmonds Community Development Code Section 18.80.060
Driveway and Curb Cut Requirements is hereby amended by the amendment of Section D
Driveway Slopes, and the addition of a new Section E, Appeals, to read as follows:
18.80.060 Driveway and curb cut requirements.
D. Driveway slopes.
1. Driveway slopes shall not exceed 14% unless authorized by
the Public Works Director in accordance with the criteria set forth
below. The decision of the Public Works Director shall be made
only after notice as a Type II project permit application and
decision. (See Chapter 20.01 ECDC)
2. The Public Works Director may authorize driveway slopes
to exceed 14% up to a maximum of 20% if he determines that:
a. The driveway is the only economical and environmentally
reasonable alternative;
b. The driveway will not present a traffic, pedestrian, bicycle
or safety hazard or otherwise negatively impact public safety;
C. The police and fire chief concur in allowing the increased
driveway slope; and
d. The public health, safety and general welfare will not be
adversely affected.
3. The decision of the Public Works Director shall be in
writing and placed in the appropriate City file pursuant to a signed,
written statement of finding and conclusions for authorizing the
driveway slope to exceed 14 %. The statement shall also contain
the maximum slope authorized up to 20%
{WSS75654LDOC1 \00006.900000\ 1 - 7 -
4. The decision of the Public Works Director shall be
processed as a project permit application and shall be applicable as
a Type II appeal under the procedures in Chapter 20.06 ECDC.
Section 12. The Edmonds Community Development Code Section 18.80.070
Street slope requirements is hereby amended to read as follows:
18.80.070 Street slope requirements.
A. Street slopes shall not exceed 12% unless authorized by the
Public Works Director. Such decision shall be made only after
notice as a Type II project permit application and decision. (See
Chapter 20.01 ECDC).
B. The Public Works Director may authorize street slopes to
exceed 12 %, up to a maximum of 15 %, if the Director determines
that:
1. The street proposed is the only economical and
environmentally reasonable alternative;
2. The street proposed will not create a traffic,
pedestrian, or bicycle hazard or otherwise negatively impact public
safety;
3. The police and fire chiefs concur in the increased
street slopes; and
4. The public health, safety and general welfare will
not be adversely affected.
The decision of the Public Works Director shall be in writing and
placed in the appropriate City file in the form of a signed and
written statement of findings and conclusions for authorizing the
street slope to exceed 12 %. This statement shall also contain the
maximum slope authorized up to 15 %.
D. The decision of the Public Works Director shall be
appealable as a Type II appeal pursuant to the provisions of
Chapter 20.06 ECDC provided that notice shall be provided to all
property owners with three hundred (300) feet of the street section
proposed for a street slope exceeding 12 %. .
Section 13. The Edmonds Community Development Code Section 18.85.060
{WSS756541.DOC;1 \00006.900000\ 1 - 8 -
Visibility Blockage Section B Enforcement, is hereby amended to read as follows:
18.85.060 Visibility blockage.
B. Enforcement.
1. If any property owner fails to prune or take other
appropriate action in order to prevent visibility blockage or restore
visibility as set forth in paragraph A above, and the Director of
Public Works has actual knowledge of the condition, then the
Director of Public works may, by written notice, order such person
to prune or take other appropriate action with respect to such trees
or vegetation within fourteen (14) days after written notice is sent.
Notice shall be sent, postage paid, in the US Mail and presumed
received two days following such mailing. The notice shall
specify the action to be taken and inform the property owner(s)
that failure to comply is subject to criminal prosecution as a
misdemeanor in accordance with the provisions of Chapter 5.50
ECDC or as a civil violation pursuant to the provisions of ECDC
Chapter 20.110.
2. If a person to whom notice is sent does not comply within
the time specified in the written notice, in addition to any other
action which the City may take, the Director of Public Works may
effectuate the pruning of the trees or other vegetation and take any
other appropriate action to correct the view blockage. The cost of
such action shall be recorded and reported to the Hearing Examiner
as provided below. The Director of Public Works, in his sole
discretion, may then take the actions set forth in paragraph 3.
below.
3. The Director of Public Works may:
a. Refer the matter to the City's Prosecutor for prosecution as
a misdemeanor. Failure to correct in accordance with the
provisions of written notice within the time specified shall
constitute a misdemeanor punishable in accordance with the
provisions of Chapter 5.50 ECC. Each and every day in which the
property fails to take corrective action shall be considered a
separate day of violation.
b. At his option, the Director of Public Works may utilize the
civil enforcement procedures of Chapter 20.110, provided, that the
notice provided herein shall constitute the notice required under
{WSS756541.DOC;1 \00006.900000\ } - 9 -
ECDC 20.110.040(A). The enforcement process shall therefore
begin with the notice of civil violation in accordance with the
provisions of ECDC 20.110.040(B) appealable pursuant to the
provisions of subsection of said section. In addition to the fines
provided for by Chapter 20.110 ECDC, the Hearing Examiner
shall also assess the reasonable costs incurred in connection with
Section 2 above.
Section 14. The Edmonds Community Development Code Section 18.95.030
Tandem parking_ prohibited is hereby amended by the addition of a new subsection C to read as
follows:
18.95.030 Tandem parking prohibited.
C. An application to provide additional parking spaces as set
forth above shall be processed in accordance with the provisions of
Section 18.00.020.
Section 15. Effective Date. 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.
APPROV D:
MA OR G Y HAAKENSON
ATTEST /AUTHENTICATED:
A4.�'J- ��
ITY CLERK, SANDRA S. CHASE
APPROVED T O
OFFICE OF TY E
BY
W. SCOTT SNYDER
{WSS756541.DOC;1 \00006.900000\ } - 10-
FILED WITH THE CITY CLERK: 04 -02 -2010
PASSED BY THE CITY COUNCIL: 04 -06 -2010
PUBLISHED: 04 -11 -2010
EFFECTIVE DATE: 04 -16 -2010
ORDINANCE NO. 3788
IWSS756541.DOC;1 \00006.900000\ } - I I -
SUMMARY OF ORDINANCE NO. 3788
of the City of Edmonds, Washington
On the 6th day of April 2010, the City Council of the City of Edmonds, passed
Ordinance No. 3788. A summary of the content of said ordinance, consisting of the title,
provides as follows:
AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, COORDINATING THE
PROVISIONS OF TITLE 18 AND TITLE 20 BY AMENDING ECDC SECTION 18.00.020(C);
AMENDING 18.10.010 SEWER CONNECTIONS, SECTION E HEARING; AMENDING
18.10.030 UNLAWFUL CONNECTIONS; AMENDING 18.30.065 EXCEPTIONS TO
MINIMUM REQUIREMENTS; AMENDING 18.30.080 ENFORCEMENT ACTIONS, (C)
CIVIL PENALTY; AMENDING 18.30.130(C); AMENDING 18.40.120 PROHIBITED
ROCKERIES, BY AMENDING SECTIONS (B) AND (C) AND ADDING A NEW SECTION
(D); AMENDING SECTION 18.45.070 VIOLATIONS AND PENALTIES; AMENDING
CHAPTER 18.60 BY THE ADDITION OF A NEW SECTION 18.60.050 DECISION AND
APPEAL; AMENDING SECTION 18.70.030 (D) APPEAL; AMENDING SECTION 18.80.060
DRIVEWAY AND CURB CUT REQUIREMENTS, BY AMENDING SECTION (D) AND
ADDING A NEW SECTION (E) APPEALS; SECTION 18.80.070 STREET SLOPE
REQUIREMENTS; SECTION 18.85.060 VISIBILITY BLOCKAGE, (B) ENFORCEMENT;
SECTION 18.95.030 TO ADD A NEW SUBSECTION (C), 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, 2010.
�� �`2
CITY CLERK, SANDRA S. CHASE
{WSS756541.DOC;1 \00006.900000\ } {WSS756541.DOCJ \00006.900000\ )- 12 -
Affidavit of Publication
STATE OF WASHINGTON,
COUNTY OF SNOHOMISH } S.S.
inc. 189
SUMMARY OF ORDINANCE NO. 3788
of the City of Edmonds, ashington
On the 6th day of April 2010, the City Council of the -City of
Edmonds, passed Ordinance No. 3788. A summary of the content,
of said ordinance, consisting afithe title, provides as follows:
AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON,
COORDINATING THE PROVISIONS OF TITLE. 18 AND TITLE 20
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 Courtof Snohomish County and that the notice
Summary of Ordinance No. 3788
Coordinating the Provisions of Title 18 and Title 20
PROHIBITED ROCKERIES, BY AMENDING SECTIONS AND
j B A
AND ADD N ANEW SECTION (L)); AMENDING.S� AND
a printed copy of which is hereunto attached, was published in said newspaper proper and not in
18:45.070 VIOLATIONS AND PENALTIES; AMENDING CHAP-
supplement form, in the regular and entire edition of said paper on the following days and
TER 18.60 BY THE ADDITION OF A NEW SECTION 18.60.050
times, namely:
DECISION AND APPEAL; AMENDING SECTION 18.70.030 (D)
APPEAL; A NDI Li S LmuN 18.80.060 DRIVEWAY AND
CURB CUT REQUIREMENTS BY AMENDIN-SECTION
AND 'ADD N A NE SECTION (E) APPEALS; SECTION
P
18.80.070 STREET SLOPE REQUIREMENTSf SECTION
The full text of this Ordinance will be mailed upon request.
DATED this 7th day of April, 2010.
CITY CLERK, SANDRA S. CHASE
Published: April 11, 2010. and that said
was regularly distributed to its subscribers during all of said period.
Subscribed and sworn to before me this 12th
Fa 7r
- •;` V 1_ J, day of April, 2010
!APR 9. 8 2010
Account Name: City of Edmonds
Notary Public in an ,t e State of V ,g —'s, rY at E"
County.
;,f , r
Account Number:
Snohomish
0001691691