Ordinance 25760006.04011
WSS/naa
08/13/86
ORDINANCE NO. 2576
AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON,
AMENDING ECDC 19.00.060 RELATING TO INTERPRETA-
TION, APPEALS AND ALTERNATE MATERIALS TO
PROVIDE FOR DIRECT APPEAL OF DECISIONS OF THE
BUILDING OFFICIAL FOR EARTH SUBSIDENCE AND
LANDSLIDE HAZARD AREAS DIRECTLY TO SNOHOMISH
COUNTY SUPERIOR COURT, FINDING THAT THE AMEND-
MENT IS ADMINISTRATIVE AND NOT SUBJECT TO REVIEW
BY THE STATE BUILDING CODE COUNCIL AND FIXING A
TIME WHEN THE SAME SHALL BECOME EFFECTIVE.
WHEREAS, the issuance of building permits within
environmentally sensitive areas of the City designated as earth
subsidence and/or landslide hazard areas poses a risk to the
health, safety and welfare of the permitees, the surrounding
neighborhood and the citizens of Edmonds,
WHEREAS, the issuance of said permits poses a risk of
liability to the City, and the City's insurer has expressed its
concern over the issuance of permits within said area, and
WHEREAS, the City Council believes the prompt
administrative review of the issuance or denial of such permits
by the Superior Court of Snohomish County will protect the rights
of the permittee as well as the citizens of Edmonds; NOW,
THEREFORE,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO
ORDAIN AS FOLLOWS:
Section 1. Section 19.00.060 of the Edmonds Community
Development Code relating to Interpretation, Appeals and
Alternate Materials to read as follows:
19.00.060 INTERPRETATIONS, APPEALS AND ALTERNATE
MATERIALS.
A. Interpretation. Whenever provisions of this
chapter and the Uniform Building Code as adopted
conflict with the provisions of the Edmonds Zoning
Ordinances contained in this code, the provisions
of the Zoning Ordinance shall control.
B. Appeals. Appeals from determinations of the
Building Official interpretation of the Uniform
Building Code shall be to the Board of Appeals
pursuant to Chapter 10.15. Appeals concerning
other provisions of the Community Development Code
shall be to the Hearing Examiner, provided,
however, that any denial or grant of permit or
interpretation of any uniform code arising with
respect to any tract of land lying within the
earth subsidence and landslide hazard area set
forth in ECDC 19.00.020 shall be appealable
directly to and only to Snohomish County Superior
Court by Writ of Certiorari. Any conflict or
doubt shall be resolved in favor of the sole
jurisdiction of the Superior Court. Appeals to
Superior Court shall be instituted within ten (10)
calendar days of the date of mailing of the
written decision of the Building Official.
C. Alternate Materials. Determination of the
suitability of materials and types of construction
may be made by application to the Board of Appeals
pursuant to Chapter 10.15.
Section 2. This ordinance is an amendment of the
Uniform Building Code and may impact residential dwellings. The
City Council, relying on the interpretation and guidance of the
State Building Code Council as set forth in Council position UB-
6-85, finds that this amendment of administrative provisions of
the Code is not subject to the review requirements of RCW Chapter
19.27.
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Section 3. This ordinance, being an administrative
action, is not subject to referendum and shall take effect five
(5) days after publication of the attached, approved summary.
APPROVED:
i-au-'
I
MAYOR, LARRY A GHTEN
ATTEST/AUTHENTICATED:
d' t't4
I CLERK, JACQUELINE PARRETT
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
1 ,
BYG' l .. _ .
FILED WITH THE CITY CLERK: August 15, 1986
PASSED BY THE CITY COUNCIL: August 19, 1986
PUBLISHED: August 24, 1986
EFFECTIVE DATE: August 29, 1986
ORDINANCE NO. - 2576
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Affidavit of Publication
STATE OF WASHINGTON,
COUNTY OF SNOHOMISH, ss
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 ........................................
UF'1Y'tc1O.e 0 r di1.Tic�.ilce, Ito. 25%v
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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:
11 Li.0s t.
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and that said newspaper was regularly distributed to its subscribers
during all,, of q2ld period.
Principal Clerk
'?5bi,
Subscribed and sworn to before me this ...............::..........
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A L1;; :a. s t: �i
dayof ................. )/....... - •---.......................... 19......... _
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Notar blic in nd for the State of Washington,
resid g t Evere t, Snohomish County.
B-2-1