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Ordinance 29390006.040.002 WSS /are 03/22/93 rev: 07/13/93 ORDINANCE NO. 2939 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING THE PROVISIONS OF THE EDMONDS CITY CODE BY THE REPEAL OF CHAPTER 10.15, THE AMENDMENT OF SECTION 19.00.060(B) OF THE EDMONDS COMMUNITY DEVELOPMENT CODE TO DELETE REFERENCES TO THE BOARD OF APPEALS AND TO DELEGATE THAT FUNCTION TO THE HEARING EXAMINER AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. WHEREAS, Chapter 10.15 of the Edmonds City Code, Chapter 204 of the Uniform Building Code, Chapter 5 of the Abatement of Dangerous Building Codes and other provisions of the Uniform Codes provide for appeals from the decisions of the Building Official and interpretation of the code by a Board of Appeals; and WHEREAS, such appeals rarely arise and this Board has not been called upon to hear any matter for a number of years; and WHEREAS, it is difficult to find interested citizens who will serve on a Board which does not function, it is difficult to train and maintain such a Board; and WHEREAS, the City maintains a Hearing Examiner system in place which is available to hear such appeals;._.and WHEREAS, the City Council finds it to be in the public interest to assign such duties to its Hearing Examiner in order to expedite the hearing of appeals, limit the liability of the City which may accrue due to the inexperience or lack of training of the Board and eliminate a Board which rarely meets; NOW, THEREFORE, 42915.1 -1- THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Chapter 10.15 Board of Appeals of the Edmonds City Code is hereby repealed. Section 2. Section 19.00.060 Interpretation of Appeals and Alternate Materials paragraph B is hereby amended to read as follows: 19 00.060 INTERPRETATION, APPEALS AND ALTERNATE MATERIALS B. Appeals. Appeals from the Building Official's interpretation of the Uniform Building Code, determinations of suitable, alternative methods or materials, and any other appeal delegated to a Board of Appeals pursuant to the Uniform Code for the Abatement of Dangerous Structures, the Uniform Mechanical Code, the Uniform Plumbing Code and any and all other codes adopted pursuant to the direction and authority of RCW 19.27 are hereby directed to the City's Hearing Examiner for hearing in accordance with the procedures established to such codes, provided, however, that any denial or grant of permit or interpretation of any code arising with respect to any tract of land lying within the earth subsidence and landslide hazard area set forth and defined in Chapter 19.05 of the Edmonds Community Development Code shall be appealable directly to and only to the 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 10 calendar days of the date of the mailing of the written decision of the Building Official. As provided in the codes, appeal of the 42915.1 -2- actions of the Building. Official and /or Hearing Examiner sitting as the Building Code Board of Appeals shall be taken, as appropriate by writ of certiorari or writ of mandamus to the Snohomish County Superior Court. Section 2. Severability. If any section, sentence, clause or phrase of this ordinance should be held to be invalid or unconstitutional 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. Section 3. Effective Date. This ordinance, being an administrative action, is not subject to referendum and shall take effect five (5) days after publication. APPROVED: ATTEST /AUTHENTICATED: C TY CLERK, ONDA J. MARCH APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: BY ( fli� & FILED WITH THE CITY CLERK: July 15, 1993 PASSED BY THE CITY COUNCIL: July 20, 1993 PUBLISHED: July 25, 1993 EFFECTIVE DATE: July 30, 1993 ORDINANCE NO. 2939 42915.1 -3- SUMMARY OF ORDINANCE NO. 2939 of the City of Edmonds, Washington On the 20th day of July , 1993, the City Council of the City of Edmonds, passed Ordinance No. 2939 A summary of the content of said ordinance, consisting of the title, provides as follows: AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING THE PROVISIONS OF THE EDMONDS CITY CODE BY THE REPEAL OF CHAPTER 10.15, THE AMENDMENT OF SECTION 19.00.060(B) OF THE EDMONDS COMMUNITY DEVELOPMENT CODE TO DELETE REFERENCES TO THE BOARD OF APPEALS AND TO DELEGATE THAT FUNCTION TO THE HEARING EXAMINER AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. request. The full text of this Ordinance will be mailed upon DATED this 20th day of July , 1993. CLERK, PWONDA J. MARCH Affidavit of Publication STATE OF WASHINGTON, ss- COUNTY OF SNOHO1vISH, July 25.:1993 . .... . ..... - - - - -- ---------------------------------------- ....- .... - -- ...... I ....... - ............... ...................................................... _---- - - - - -- - - - - - -- ---------------- ... - - -- and that said newspaper was regularly distributed to its subscribers during all of said period. ,s ; --- - ------------- Principal Clerk ' -��- 2 6th Subscribed and sworn to before me this ... ....... .... .. .. .. . . . .. da f.- - - - -- July .. . . . . .. ..Ifor -- - .. 1993 - -. -- - -- - - - - - -- ............................. Notary Public in a e to of Washington , residing at Everett ty. .5S ON NpTAgy tj, AUBI.�C' 2 \') 5 -19 -94 F NASN B -2 -t The undersigned, being first duly sworn on oath deposes and says that she is Principal Clerk of THE HERALD, a daily newspaper SUMMARY OF printed and published in the City of Everett, County of Snohomish, ORDINANCE NO. 2939 Edm nds Washington and State of Washington; that said newspaper is a newspaper of � thOn RY Council of ft Jul 1993 general circulation in said County and State; that said newspaper Edmonds, passed Ordinance No. 2939. A. summary of the content of said ordinance, has been approved as a legal newspaper by order of the Superior consisting of the title, provides as follows: AN ORDINANCE OF THE CITY: Court of Snohomish County and that the notice ......... ... ........ ......... .. ... . . . ... OF EDMONDS WASHINGTON i AMENDING ThE PROVISIONS' I OF i THE EDMONDS CITY CODE BY THE REPEAL OFi Summary___of Ordinance_- 3 CHAPTER 10.15, THE AMEND -' .No_. -_ -29 ............. — .- .. - - -- ----.--------------------.--------'----------.- MEN.T' OF -: SECTION I9.00.060(B) OF THE EDMONDS COMMUNITY DEVELOPMENT CODE TO City of Edmonds DELETE REFERENCES TO ----------------------------------------------------------------------'--------------------- THE BOARD OF APPEALS AND TO DELEGATE .THAT' FUNCTION TO THE HEARING EXAMINER AND FIXING A Amedments to... Edmonds Community C.Qde .. .. ............ TIME WHEN THE SAME SHALL BECOME EFFECTIVE. The • full text of this I ---- .... .... ..... a printed copy of which is hereunto attached, was published in said Ordinance will be mailed upon request. DATED this 20th day of July, ; newspaper proper and not in supplement form, in the regular and 1993. RHONDA J. MARCH id (Ju entire edition of said paper on the followin g days and times, namely: July 25; 9993. July 25.:1993 . .... . ..... - - - - -- ---------------------------------------- ....- .... - -- ...... I ....... - ............... ...................................................... _---- - - - - -- - - - - - -- ---------------- ... - - -- and that said newspaper was regularly distributed to its subscribers during all of said period. ,s ; --- - ------------- Principal Clerk ' -��- 2 6th Subscribed and sworn to before me this ... ....... .... .. .. .. . . . .. da f.- - - - -- July .. . . . . .. ..Ifor -- - .. 1993 - -. -- - -- - - - - - -- ............................. Notary Public in a e to of Washington , residing at Everett ty. .5S ON NpTAgy tj, AUBI.�C' 2 \') 5 -19 -94 F NASN B -2 -t