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Ordinance 4217CITY OF EDMONDS, WASHINGTON ORDINANCE NO.4217 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, ESTABLISHING AN INTERIM EMERGENCY REGULATION TO PROHIBIT THE REMOVAL OF CERTAIN LANDMARK TREES ON A TEMPORARY BASIS, SETTING SIX MONTHS AS THE EFFECTIVE PERIOD OF THE INTERIM REGULATION, AND DECLARING AN EMERGENCY. WHEREAS, the City Council is in the process of adopting new tree regulations; and WHEREAS, the City Council wants to consider adopting an additional regulation that would provide greater protection to trees of especially significant size; and WHEREAS, such additional regulation for the City Council's consideration may apply to all private properties in the City; WHEREAS, it will take several months for the City to evaluate and consider the merits, scope, and details of such a regulation; and WHEREAS, the City Council desires to adopt the following interim regulation to protect landmark trees while this work can be done; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS DOES ORDAIN AS FOLLOWS: Section 1. Purpose. The purpose of this interim regulation is to temporarily protect certain landmark trees from tree removal as that term is defined in ECDC 23.10.020.S. This temporary protection will allow the City adequate time to adopt a permanent regulation to govern the removal of such trees. For the purposes of this ordinance, a "landmark tree" shall be defined as any tree with a diameter at breast height (DBH) of twenty-four inches or more. Section 2. Applicability. The exemption contained in ECDC 23.10.040.A shall have no applicability to the provisions of this ordinance. This ordinance shall not apply to any tree removal associated with and permitted through a building permit, subdivision, or other land use approval. Section 3. Prohibition. For as long as this ordinance remains in effect, it shall be unlawful to direct any act of tree removal toward a landmark tree, as that term is defined in Section 1, above, unless the landmark tree also meets the definition of hazard tree in ECDC 23.10.020.G or nuisance tree in 23.10.020.K. Section 4. Duration of Interim Regulations. The interim regulations imposed by this Ordinance shall commence on the date of the adoption of this Ordinance. As long as the City holds a public hearing on the interim regulations and adopts findings and conclusions in support of the interim regulations (as contemplated by Section 5 herein), the interim regulations shall not terminate until six (6) months after the date of adoption, unless it is repealed sooner. Section 5. Public Hearing on Interim regulations. Pursuant to RCW 36.70A.390 and RCW 35A.63.220, the City Council shall hold a public hearing on this interim regulation within sixty (60) days of its adoption. In this case, the hearing shall be held on April 20, 2021 unless the City Council, by subsequently adopted resolution, provides for a different hearing date. No later than the next regular Council meeting immediately following the hearing, the City Council shall adopt findings of fact on the subject of this interim regulations and either justify its continued imposition or cancel the interim regulations. Section 6. Severability. If any section, sentence, clause or phrase of this Ordinance should be held to be unconstitutional or unlawful 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. PA Section 7. Declaration of Emergency_. The City Council hereby declares that an emergency exists necessitating that this Ordinance take effect immediately upon passage by a majority vote plus one of the whole membership of the Council, and that the same is not subject to a referendum. Without the immediate adoption of these interim regulations, the City faces the possible removal of landmark trees. Therefore, the interim regulation must be imposed as an emergency measure to protect the public health, safety and welfare, and to prevent the removal of landmark trees. This Ordinance does not affect any existing vested rights. Section 8. Publication. This Ordinance shall be published by an approved summary consisting of the title. Section 9. Effective Date, This Ordinance shall take effect and be in full force and effect immediately upon passage, as set forth herein, as long as it is approved by a majority plus one of the entire membership of the Council, as required by RCW 35A.12.130. If it is only approved by a majority of the Council, it will take effect five days after passage and publication. APPROVED: f .I� MAYOR MIKE NELSON ATTEST/AUTHENTICATED: CI ER , SC TT 151WEY APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: BY JEFF TARADA FILED WITH THE CITY CLERK: March 2, 2021 PASSED BY THE CITY COUNCIL: March 2, 2021 PUBLISHED: March 5, 2021 EFFECTIVE DATE: March 2, 2021 ORDINANCE NO. 4217 11 SUMMARY OF ORDINANCE NO. 4217 of the City of Edmonds, Washington On the 2„d day of March, 2021, the City Council of the City of Edmonds, passed Ordinance No. 4217. A summary of the content of said ordinance, consisting of the title, provides as follows: AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, ESTABLISHING AN INTERIM EMERGENCY REGULATION TO PROHIBIT THE REMOVAL OF CERTAIN LANDMARK TREES ON A TEMPORARY BASIS, SETTING SIX MONTHS AS THE EFFECTIVE PERIOD OF THE INTERIM REGULATION, AND DECLARING AN EMERGENCY. The full text of this Ordinance will be mailed upon request. DATED this 2nd day of March, 2021. EI Y CLERK, SC"'( Everett Daily Herald Affidavit of Publication State of Washington } County of Snohomish } ss Dicy Sheppard being first duly sworn, upon oath deposes and says: that he/she is the legal representative of the Everett Daily Herald a daily newspaper. The said newspaper is a legal newspaper by order of the superior court in the county in which it is published and is now and has been for more than six months prior to the date of the first publication of the Notice hereinafter referred to, published in the English language continually as a daily newspaper in Snohomish County, Washington and is and always has been printed in whole or part in the Everett Daily Herald and is of general circulation in said County, and is a legal newspaper, in accordance with the Chapter 99 of the Laws of 1921, as amended by Chapter 213, Laws of 1941, and approved as a legal newspaper by order of the Superior Court of Snohomish County, State of Washington, by order dated June 16, 1941, and that the annexed is a true copy of EDH921288 ORDS 4216-4218 as it was published in the regular and entire issue of said paper and not as a supplement form thereof for a period of 1 issue(s), such publication commencing on 03/05/2021 and ending on 03/05/2021 and that said newspaper was regularly distributed to its subscribers during all of said period. The amount of the fee for such public tion is $42.0 - Subs *bed and sworn bBfDT8. me on this Linda Phipps z�— Y Public day of f anlNaehington i+xPites08z7 A.A A . f Notary Public in and for the State of Washington. City of Edmonds - LEGAL ADS 114101416 SCOW PASSEY Classified Proof ORDINANCE SUMMARY of tha City dr Edmantls, Waxhlny7ldn On the 2n6 day of Mercn. 202t, she CISy Council of the Crty dl Edmortds, passed 1'h Eaftewln)y Otdmancss, Ina summarlas of SWd drdJneneee consJ3rIn of We% arm onmilded as follows: ORDINANCE L34.4 AN ORDINANC OF EOMONDS, WASHINGTON. AMENDING ORDINANCE NO. 4211 AS A RESULT OF UNANTICIPATED TRANSFERS AND EXPENDITURES OF VARIOUS FUNDS, AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE CRiANANC£ 4 9 .4217 AN ORDINANC. O H Cl Y OF EDMONDS, WASHINGTON, ESTABLISHING AN INTERIM EMERGENCY REGULATION TO PROHIBIT THE REMOVAL OF CERTAIN LANDMARX. TREES ON'A TEMPORARY BASIS. SETTING SIX MONTHS AS THE EFFECTIVE PERIOD OF THE INTERIM REGULATION. AND DECLARING AN EMERGENCY ORDINANCE NO 4218 AN ORDINANCE OF TffE--1ITY OF EDMONDS, WASHiNGTON. REPEALING EXISi1NG TREE CUTTING REGULATIONS, ADOPTING NEW TREE RELATED REGULATIONS, NEW CONSERVATION SUBDIVISION DESIGN REGULATIONS, AND ESTABLISHING A NEW TREEFUND The full text of these Ordinances wIII bB motion upon raquesr. DATED this 2nd Dayat Mwcn, 2021. CITY CLERK, SCOTT PASSEY Published: March 5, 2021, EDH921288 Proofed by Sheppard, Dicy, 03/08/2021 09:45:49 am Page: 2