Ordinance 37400006.90000
BFP
5/20/09
ORDINANCE NO. 3740
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, ADOPTING A NEW ECC 19.80.023 TO
AUTHORIZE THE HEARING EXAMINER TO DECIDE
BUILDING CODE APPEALS WHENEVER THE BOARD OF
APPEALS IS UNABLE TO CONVENE; REPEALING
DUPLICATE AND CONFLICTING PROVISIONS RELATING
TO THE BOARD OF APPEALS IN CHAPTER 10.15 ECC;
PROVIDING FOR SEVERABILITY; AND FIXING A TIME
WHEN THE SAME SHALL BECOME EFFECTIVE.
WHEREAS, appeals before the Board of Appeals ( "Board ") are very rare; and
WHEREAS, there have been occasions when appeals have been brought before
the Board, but the Board was unable to convene due to lack of membership; and
WHEREAS, RCW 35A.63.170 authorizes the City Council to vest in the hearing
examiner the power to hear and decide those issues it believes should be reviewed and decided
by the hearing examiner; and
WHEREAS, the City Council finds that the hearing examiner should hear and
decide appeals relating to the building code whenever the Board is unable to convene; and
WHEREAS, both Chapters 10.15 ECC and 19.80 ECDC relate to the creation,
membership and authority of the Board; and
WHEREAS, provisions of Chapters 10.15 ECC and 19.80 ECDC are either in
conflict or duplicative; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO
ORDAIN AS FOLLOW:
{BFP729283.DOC;1/00006.900000/} - 1 -
Section 1. Adopted. A new ECDC 19.80.023 entitled Alternate to Board of
Appeals is hereby adopted to read as follows:
19.80.023 Alternate to Board of Appeals.
Whenever it appears to the building official that an appeal covered
under this Chapter may be unreasonably delayed because the
Board of Appeals is unable to convene to hear and decide the
appeal in a timely manner, the appeal shall be brought instead
before the hearing examiner, who shall have the same power and
duties to hear and decide the appeal as the Board of Appeals under
this Chapter. All aspects and requirements for the appeal shall
remain unchanged. The building official's decision and reasons to
shift the appeal from the Board of Appeals to the hearing examiner
shall be provided timely to appellant and all interested parties in
writing.
Section 2. Adopted. A new ECC 10. 15.000 entitled Board of Appeals -
Regulations is hereby adopted to read as follows:
10.15.000 Board of Appeals - Regulations.
Regulations relating to the Board of Appeals shall be as set forth in
Chapter 19.80 ECDC.
Section 3. Repealed. The following sections of Chapter 10.15 ECC are hereby
repealed: ECC 10.15.010 (Purpose), ECC 10.15.020 (Membership), ECC 10.15.030 (Removal),
ECC 10.15.040 (Limitations of authority), ECC 10.15.050 (Tests), and ECC 10.15.060
(Landslide hazard and earth subsidence areas).
Section 4. 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.
{BFP729283.DOC,1/00006.900000/1 - 2 -
Section 5. Effective Date. This ordinance 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 OR G Y AAKENSON
ATTEST /AUTHENTICAT/ED:
T
CITY CLERK, SANDRA S. CHASE
APPROVED MSY RM:
OFFICE OF A EY-
BY
FILED WITH THE CITY CLERK: 06/12/2009
PASSED BY THE CITY COUNCIL: 06/16/2009
PUBLISHED: 06/22/2009
EFFECTIVE DATE: 06/27/2009
ORDINANCE NO. 3740
{BFP729283.DOC;1/00006.900000/} - 3 -
SUMMARY OF ORDINANCE NO. 3740
of the City of Edmonds, Washington
On the 16th day of June, 2009, the City Council of the City of Edmonds, passed
Ordinance No. 3740. A summary of the content of said ordinance, consisting of the title,
provides as follows:
AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, ADOPTING A NEW
ECC 19.80.023 TO AUTHORIZE THE HEARING EXAMINER TO DECIDE BUILDING
CODE APPEALS WHENEVER THE BOARD OF APPEALS IS UNABLE TO CONVENE;
REPEALING DUPLICATE AND CONFLICTING PROVISIONS RELATING TO THE
BOARD OF APPEALS IN CHAPTER 10.15 ECC; PROVIDING FOR SEVERABILITY; AND
FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE.
The full text of this Ordinance will be mailed upon request.
DATED this 17th day of June 2009.
CITY CLERK, SANDRA S. CHASE
{ BFP729283.DOC;1/00006.900000/}- 4 -
Affidavit of Publication
STATE OF WASHINGTON,
COUNTY OF SNOHOMISH } S.S.
The undersigned, being first duly swom on oath deposes and says that she is Principal Clerk of
nM
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
SUMMARY OF ORDINANCE NO. 3740
of me iry o Edmonds, Washington
Summary of Ordinance NO. 3740
On the 16th day of June, 2009, the City Council of the City of
Edmonds, passed Ordinance No. 3740. A summary of the content
of said ordinance, consisting of the title, provides as follows:
AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON,
Adopting a New ECC 19.80.023
ADOPTING A NEW ECC 19.80.023 TO AUTHORIZE THE HEAR-
ING EXAMINER TO DECIDE BUILDING CODE APPEALS
WHENEVER THE BOARD OF APPEALS IS UNABLE TO COW
VENE; REPEALING DUPLICATE AND CONFLICTING PROVI-
SIONS RELATING TO THE BOARD OF APPEALS IN CHAPTER
10.15 ECC; PROVIDING FOR SEVERABILITY; AND FIXING A
TIME WHEN THE SAME SHALL BECOME EFFECTIVE.
a printed copy of which is hereunto attached, was published in said newspaper proper and not
The full text of this Ordinance will be mailed upon request.
DATED this 17th day of June 2009.
in supplement form, in the regular and entire edition of said paper on the following days and
PP g P P g Y
CITY CLERK, SANDRA S. CHASE
times, namely:
Published: June 22, 2009. .
June 22, 2009
and that said newspaper was regularly distributed to its subscribers during all of said period.
Principal Clerk
Subscribed and sworn to before me this 22nd
RECEi EIS day of June, 2009
JUN 2 92009
Notary Public i and fo the State ocs'tjip gtA '4407 jny E tt, Snohomish
County.
EDMCNDS CITY CLERK
Account Name: City of Edmonds Account Number. 10141*n `i'�dif �i '�' yC! e�•�, er lumber., 0001654602
"A k Q b xhi a"
t���lj4JF1'`,.