Ordinance 37950006.90000
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ORDINANCE NO. 3795
AN INTERIM ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, AMENDING THE PROVISIONS OF ECDC
20.110.040(F) MONETARY PENALTIES IN ORDER TO
CLARIFY THE IMPACT OF THE AMENDMENT ON
EXISTING CODE ENFORCEMENT ACTIONS, AMENDING
ECDC 20.110.040(D) TO CLARIFY APPEAL PROCEDURES
TO SUPERIOR COURT, PROVIDING FOR NOTICE
PURSUANT TO RCW 36.70A.106, AND FIXING A TIME
WHEN THE SAME SHALL BECOME EFFECTIVE.
WHEREAS, the Washington State Supreme Court in its decision in Post v.
Tacoma, 217 P.3d 1179 (2009) has determined that code enforcement procedures which provide
for continuing penalties without the opportunity for appeal is a violation of due process; and
WHEREAS, Chapter 20.110 ECDC provides for specific notice of violation
[ECDC 20.110.040(A)(2)] and of repeat violations [ECDC 20.110.040(B)(2)]; and
WHEREAS, the code enforcement procedures also provide for notice of violation
and appeal [ECDC 20.110.040(B) and (C)]; and
WHEREAS, however, ECDC 20.110.040(F) provides for continuing violations
with the imposition of a fine without the specific provision for additional notice of hearing; and
WHEREAS, ECDC 20.110.040(D) should be clarified to specify appeal by
Chapter 35.70C RCW to provide explicit appeal information; and
WHEREAS, the City Council deems it to be in the public interest to clarify that
continuing violations shall be accompanied by additional notice of violation and opportunity for
hearing; and
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WHEREAS, RCW 36.70A.390 provides for the imposition of interim zoning
controls without a public hearing, subject to a public hearing within sixty (60) days; and
WHEREAS, this ordinance has been referred to the Planning Board for review
and recommendation; and
WHEREAS, the Planning Board due to a heavy work load, has begun review but
has been unable to make a recommendation; and
WHEREAS, the Planning Board estimates that an additional 60 -90 days may be
required for it to hold a public hearing and to make a recommendation; and
WHEREAS, a public hearing was held on June 1, 2010 pursuant to RCW
36.70A.390; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO
INA11 MAIRWO)WIX&II
Section 1. There is hereby adopted as an interim zoning control, the following
revision of ECDC 20.110.040 Enforcement Procedures, (F) Monetary Penalties, to read as
follows:
20.110.040 Enforcement procedures.
F. Monetary Penalties. Except where a different penalty is
specifically established by this code, violations shall be assessed at
the rate of $100 per day or a portion of day thereof, for each and
every day after the service of the notice of civil violation. The
violations Hearing Examiner may also grant an extension of the
date upon which fines begin in order to allow for a reasonable
period of abatement. Such extension shall not exceed ten (10)
calendar days. Following a finding of the Hearing Examiner of the
existence of a violation at the appeal hearing on the expiration of
the appeal period, continuing fines may be assessed by the
provision of additional notice of civil violation pursuant to
20.110.040(B)(2) and an opportunity for hearing. No additional
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fine for a continuing violation may be assessed without the
provision of notice and the opportunity for a hearing.
Section 2. Any pending code violation which is subject to the accrual of
additional fines based upon a notice of civil violation shall be immediately stayed. At the
discretion of the Community Services Director or his/her designee, the staff may provide for
either notice of repeated violation pursuant to the provisions of 20.110.040(B)(2) followed by an
opportunity for hearing, or dismissal of the pending code enforcement action and refiling by the
provision of a new notice of civil violation under 20.110.040(B).
Section 3. Section ECDC 20.110.030 Enforcement procedures , Section D
Appeal to Superior Court is amended to read as follows:
20.110.040 Enforcement procedures
D. Appeal to Superior Court. The determination of the
Hearing Examiner is final and shall be appealable to Superior
Court in accordance with Chapter 36.70C RCW.
Section 4. Notice of the adoption of this ordinance shall be provided to the
Washington State Department of Community, Trade and Economic Development.
Section 5. Effective Date. This ordinance, being an exercise of a power specifi-
cally 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 b:
MAY R G Y HAAKENSON
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ATTEST /AUTHENTICATED:
CITY CLERK, SANDRA S. CHASE
APPROVED S T O
OFFICE OF Y A E vm
BY
W. SCOTT SNYDER
FILED WITH THE CITY CLERK: 05 -28 -2010
PASSED BY THE CITY COUNCIL: 06 -01 -2010
PUBLISHED: 06 -06 -2010
EFFECTIVE DATE: 06 -11 -2010
ORDINANCE NO. 3795
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SUMMARY OF ORDINANCE NO. 3795
of the City of Edmonds, Washington
On the 1st day of June, 2010, the City Council of the City of Edmonds, passed
Ordinance No. 3795. A summary of the content of said ordinance, consisting of the title,
provides as follows:
AN INTERIM ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING
THE PROVISIONS OF ECDC 20.110.040(F) MONETARY PENALTIES IN ORDER TO
CLARIFY THE IMPACT OF THE AMENDMENT ON EXISTING CODE ENFORCEMENT
ACTIONS, AMENDING ECDC 20.110.040(D) TO CLARIFY APPEAL PROCEDURES TO
SUPERIOR COURT, PROVIDING FOR NOTICE PURSUANT TO RCW 36.70A.106, AND
FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE.
The full text of this Ordinance will be mailed upon request.
DATED this 2nd day of June, 2010.
CITY CLERK, SANDRA S. CHASE
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Affidavit of Publication
STATE OF WASHINGTON,
COUNTY OF SNOHOMISH } S.S.
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
f 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
A9" newspaper by order of the Superi or Court of Snohomish County and that the notice
SUMMARY OF ORDINANCE NO. 3795
o the City of Edmonds, Washington
On the 1st day of June, 2010, the City Council of the City of
Edmonds, passed Ordinance No. 3795. A summary of the content Summary of Ordinance No. 379
of said ordinance, consisting of the title, provides as follows:
AN INTERIM ORDINANCE OF THE CITY OF EDMONDS,
01110040 WASHINGTON, ONETARY ENALTIES IIN ORIDER TO CLARIFY g e Provisions of ECDC20.110.040 F
( Amending the ( )
THE IMPACT OF THE AMENDMENT ON EXISTING CODE
ENFORCEMENT ACTIONS, AMENDING ECDC 20.110.040(D)
TO CLARIFY APPEAL PROCEDURES TO SUPERIOR COURT,
PROVIDING FOR NOTICE PURSUANT TO RCW 36.70A.106,
AND FIXING A TIME WHEN THE SAME SHALL BECOME
EFFECTIVE.
The full text of this Ordinance will be mailed upon request. a printed copy of which is hereunto attached, was published in said newspaper proper and not in
DATED this 2nd day of June, 2010.
CITY CLERK, SANDRA S. CHASE supplement form, in the regular and entire edition of said paper on the following days and
Published: June 6, 2010. times, namely:
June 06, 2010
and that said newspaper was reguiariy distributed to it subscribers during all of said period.
Principal Clerk
i
Subscribed and sworn to before me this 7th
s'1rj"" day of June, 2010
JUN 1 2019
Notary Public in and r th�ro!ash , resit "�g at Ev ett, Snohomish
County., 0 4 0s3 dpt� m;
1-4.1- ULILAK
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Account Name. City of Edmonds Account Number: 1141 7jf ` �O q prder Number: 0001698885
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