Chapter 11.19
PUBLIC NOTICE

Sections:

11.19.001    Public notice framework.

11.19.002    Contents of public notice – Responses to written comments.

11.19.003    Timing of notice of upcoming open record public hearings and closed record reviews and decisions.

11.19.004    Responsibility for providing public notice.

11.19.005    Posting requirements.

11.19.006    Publishing requirements.

11.19.007    Mailing requirements.

11.19.008    Optional public notice.

11.19.001 Public notice framework.

Notice shall be provided in accordance with the following table and other provisions of this chapter.

Procedure

(with pertinent

action types)

(BMC 11.19.002,

11.19.003, 11.19.004)

Posting

Requirements

(BMC 11.19.005)

Publishing

Requirements

(BMC 11.19.006)

Mailing

Requirements

(BMC 11.19.007)

Optional Notice Methods

(BMC 11.19.008)

Notice of Application (NOA) for Shoreline Master Program permits (Type II or III)

One or more notice boards on the subject property

Publish notice at least once a week on the same day of the week for two weeks in city’s official newspaper

Mail notice to applicant; owners and occupants of property within 500 feet of the subject property and agencies with jurisdiction.

Secure community transition facilities shall mail notice to owners and occupants of property within one-half mile of the subject property (RCW 71.09.315(d)).

Notify public or
private groups

Notify news media

Other Notices of
Application (Type II – IVB, per BMC 11.04.003)

Publish at least once in city’s official newspaper

 

Place notices in regional or neighborhood newspapers or trade journals

Publish notices in agency newsletters or send to agency mailing lists

Mail notice to Imagine Bothell... mailing list

Mail to neighboring property owners

Post notices in
public places

Record notice on telephone message line

Post notice
electronically via
the Internet

Send via e-mail to the Imagine Bothell... e-mail list

Notice of State
Environmental Policy Act (SEPA) Threshold Determination (Types I – V unless exempt from review) (contents and timing per Chapter 14.02 BMC)

Mail notice to all those identified immediately above; and anyone commenting on Notice of Application

Notice of upcoming Open Record Public Hearing (Types III and IVA)

Mail notice to all those identified immediately above and anyone commenting on SEPA Threshold Determination

Notice of upcoming Open Record Public Hearing (Type V, except annexations per Chapters 35A.14 and 36.93 RCW)

One or more notice boards on the subject property or within the affected area

Not applicable

Notice of upcoming Closed Record Review and Decision (Types IVA and IVB)

Not applicable

Not applicable

Mail notice to applicant; agencies with jurisdiction; and anyone commenting on the Notice of Application or SEPA Threshold Determination or at the public hearing

Notice of Decision (NOD) (Types II – IVB)

Not applicable

Not applicable

Mail notice to applicant, and all those who commented on the NOA, SEPA, and anyone requesting the Notice of Decision

 

Notice of upcoming open record Administrative Appeal hearing (Type II)

One or more notice boards on the subject property or within the affected area

Publish at least once in city’s official newspaper

Mail notice to all those identified immediately above; and owners and occupants of property within 500 feet of subject property

Notice of upcoming Judicial Appeal hearing

Notification of judicial appeals shall be per Superior Court laws and procedures

(Ord. 2212 § 2 (Exh. B), 2016; Ord. 1903 § 1, 2003; Ord. 1884 § 1, 2002; Ord. 1871 § 1, 2002; Ord. 1815 § 1, 2000; Ord. 1773 § 1, 1999; Ord. 1691 § 1, 1997).

11.19.002 Contents of public notice – Responses to written comments.

A.    Notice of Application. The contents of a notice of application shall be as set forth in BMC 11.06.004(C), except that for a notice of application for a shoreline master program permit, the contents of said notice shall be as follows:

1.    A statement that any person desiring to submit written comments concerning an application, or desiring to receive notification of the final decision concerning an application as expeditiously as possible after issuance of the decision, may submit the comments or requests for decisions to the city within 30 calendar days of the last date the notice is to be published pursuant to this chapter. The city shall forward, within two working days following issuance of the decision, a copy of the decision to each person who submits a request for the decision.

2.    The public comment period shall be 30 calendar days. The notice shall state the manner in which the public may obtain a copy of the city’s decision on the application no later than two working days following its issuance.

B.    Notice of State Environmental Policy Act (SEPA) Threshold Determination. The threshold determination shall constitute the notice and shall contain such information as set forth in Chapter 14.02 BMC and Chapter 197-11 WAC.

C.    Notice of Upcoming Open Record Public Hearing. The notice given of any public hearing required by this chapter shall contain:

1.    The name and address of the applicant or the applicant’s representative;

2.    The date, time and place of the hearing;

3.    A description of the subject property reasonably sufficient to inform the public of its location, including but not limited to the use of a map or postal address and a subdivision lot and block designation;

4.    A description of the nature of the proposed use or development;

5.    A statement that all interested persons may appear and provide oral and/or written testimony;

6.    The sections of the code that are pertinent to the hearing procedure;

7.    When information may be examined, and when and how written comments addressing findings required for a decision by the hearing body may be admitted;

8.    The name of the city representative to contact and the telephone number where additional information may be obtained;

9.    A statement that the application and all other documents pertaining to and together constituting the file for the application shall be available for inspection at the start of the notice period; that anyone may submit a written request for a copy of any such materials from the file, at his or her cost; and that any such copies requested shall be made available no later than 3:00 p.m. of the third day following receipt of the written request;

10.    A statement that the staff report will be available for inspection at least 10 calendar days prior to the hearing and that copies will be provided to interested persons at no cost no later than 3:00 p.m. of the day following receipt of the request.

D.    Notice of Upcoming Closed Record Review and Decision. Such notice shall contain:

1.    BMC 11.19.002(C) items 1, 2, 3, 4, 6, 8, 9 and 10; and

2.    A statement describing the process for closed record reviews and decisions, including any provisions for submitting correspondence containing legal argument.

E.    Notice of Decision. Such notice shall contain:

1.    BMC 11.19.002(C) items 1, 3, 4, 6, 8, and 9;

2.    The decision;

3.    A statement of any threshold determination made under the State Environmental Policy Act (SEPA), in accordance with BMC 11.12.007;

4.    The procedures for administrative appeal, if applicable, in accordance with Chapter 11.14 BMC; and

5.    For Type II, III and IV project permits, a statement containing the requirements set forth in BMC 11.12.002(C).

F.    Notice of Upcoming Administrative Appeal Hearing. Such notice shall contain:

1.    The name and address of the appellant;

2.    Identification of the application which is the subject of the appeal;

3.    A summary of the appellant’s statement of grounds for appeal and relief sought;

4.    BMC 11.19.002(C) items 2, 3, 4, 6, 7, 8, 9 and 10;

5.    If the appeal is to be considered in an open record public hearing, a statement that all interested persons may appear and provide oral and/or written testimony; and

6.    If the appeal is to be considered in closed record review, a statement describing the process for closed record reviews and decisions, including any provisions for submitting correspondence containing legal argument.

G.    Notice of Upcoming Judicial Appeal Hearing. Such notice shall be in accordance with superior court laws and procedures.

H.    Responses to Written Comments. When, after having received public notice as provided for in this or other chapters of this code, an interested person submits written comments concerning an application, the city shall provide a written response within seven calendar days of receipt of the comments. Such written response shall address the issues raised in the comments, or, if no specific issues are raised, shall at a minimum acknowledge that the comments were received. (Ord. 1815 § 1, 2000; Ord. 1768 § 9, 1999; Ord. 1691 § 1, 1997).

11.19.003 Timing of notice of upcoming open record public hearings and closed record reviews and decisions.

Notice of any upcoming open record public hearing or closed record review and decision, including any appeal of an administrative decision, shall be provided at least 21 and no more than 30 calendar days prior to said hearing or review and decision. (Ord. 1815 § 1, 2000; Ord. 1691 § 1, 1997).

11.19.004 Responsibility for providing public notice.

Except where an action is initiated by the city, the applicant for a project permit application shall be responsible for all posting, publishing, mailing and other notification required by the director. No later than 21 calendar days after the required date of posting, publishing and/or mailing, the applicant shall provide to the director an affidavit attesting that each required method of notification was carried out in conformance with the regulations in this and other applicable chapters. For required mail notice, the applicant shall submit a U.S. Postal Service Certificate of Mailing containing the names and addresses of all parties provided public notice. If the affidavit and U.S. Postal Service Certificate of Mailing is not filed as required, any scheduled hearing or date by which the public may comment on an application shall be postponed, if necessary, in order to allow compliance with the notice requirements of this and other applicable chapters. (Ord. 1815 § 1, 2000; Ord. 1691 § 1, 1997).

11.19.005 Posting requirements.

A.    For all procedures which require posting of notices, as set forth in BMC 11.19.001, except open record public hearings concerning Type V actions, the following shall apply:

1.    Notice board(s) shall be placed by the applicant so as to achieve maximum visibility:

a.    At the midpoint of each abutting street frontage of the site, or as otherwise directed by the director for maximum visibility;

b.    Five feet inside the street property line, except when the board is structurally attached to an existing building; provided, that no notice board shall be placed more than five feet from the street property without approval of the director;

c.    So that the top of the notice board is between seven to nine feet above grade; and

d.     Where it is completely visible and accessible to pedestrians.

2.    When an application pertains to multiple sites within the city, not all of which sites may be known at the time of application (as is the case, for example, with certain types of telecommunications facilities), the director shall determine the number and placement of notice boards necessary to ensure widespread exposure to the public.

3.    Notice boards shall be:

a.    Maintained in good condition by the applicant, including keeping a supply of notices in the plastic envelope at all times during the notice period;

b.    Except as provided in BMC 11.06.004 for the notice of application, in place at least 30 calendar days prior to the date of hearing, or at least 21 calendar days prior to the end of any required comment period, whichever is earlier;

c.    Removed within 15 calendar days after the end of the notice period.

4.    Removal of the notice board prior to the end of the notice period may be cause for discontinuance of the department review until the notice board is replaced and remains in place for the specified time period.

5.    Notice boards shall be constructed and installed in accordance with the following specifications:

Drawing of Notice Board for Project Permit Applications

B.    For open record public hearings concerning Type V actions, the following posting requirements shall apply:

1.    The city shall place a notice board on each property affected by a proposed Type V action, except that where the proposed action would affect multiple properties, the city shall place one or more notice boards in a location or locations within the affected area (which could be the entire city limits) so as to ensure widespread exposure to the public.

2.    Notice boards shall be maintained in accordance with BMC 11.19.005(A)(3).

3.    Notice boards for Type V actions shall be constructed and installed in accordance with the following specifications:

Drawing of Notice Board for Type V Legislative Actions

(Ord. 2038 § 2 (Exh. B), 2010; Ord. 1903 § 1, 2003; Ord. 1815 § 1, 2000; Ord. 1691 § 1, 1997).

11.19.006 Publishing requirements.

For all procedures requiring publication of notice as set forth in BMC 11.19.001, notice shall be published in the city’s official newspaper of general circulation in the general area in which the proposal is located, as follows:

A.    For all applicable procedures except notices of application for shoreline master program permits and annexations, notice shall be published at least one time.

B.    For notices of application for shoreline master program permits, notice shall be published at least once a week on the same day of the week for two consecutive weeks.

C.    For annexations, notice shall be published in accordance with Chapters 35A.14 and 36.93 RCW. (Ord. 1903 § 1, 2003; Ord. 1815 § 1, 2000; Ord. 1691 § 1, 1997).

11.19.007 Mailing requirements.

For all procedures requiring mailing of notice as set forth in BMC 11.19.001, the following shall apply:

A.    Notice shall be mailed to the applicant at the address given on the application form.

B.    Whenever notice is required to be mailed, it shall be mailed to the owners and occupants of property within 500 feet of the subject property; unless the application is for a secure community transition facility, then the notice shall be mailed to the owners and occupants of property within one-half mile of the subject property (RCW 71.09.315(d)); and the following shall apply:

1.    Owners of property shall be as shown on the real property tax records of the King or Snohomish County assessor.

2.    Notice to occupants of property shall be mailed to addresses as shown on city address maps and may be labeled “occupant.” Where a property is a multiple-family or multiple-business development, the notice may be mailed to the property manager or owners’ association of the development.

3.    When an application pertains to multiple sites within the city, not all of which sites may be known at the time of application (as is the case, for example, with certain types of telecommunications facilities), notice shall be mailed to persons on the Imagine Bothell... mailing list, as described in BMC 11.19.008(I) and (J).

4.    All mail notices for Type II, III and IV permit applications shall submit an affidavit confirming that the mailing was sent by first class mail to the intended recipients. Type V legislative actions and mailing of the “Imagine Bothell...” notice of upcoming legislative actions may use standard mail.

C.    Notice shall be mailed to persons commenting on notices of application or SEPA threshold determinations at the addresses shown on the correspondence from such persons.

D.    Notice shall be mailed to parties of record for any Type II, Type III, and Type IVA land use applications submitted within the preceding seven years, for any type of permit action that proposes to alter, modify or terminate a condition of approval of the original permit. Notice shall be mailed by the applicant utilizing first class mail, and confirmed by an affidavit of mailing, to each address of record or interested party at the address shown in the city’s permit plan computerized record; provided, that the failure of any person to receive the notice required under this subsection shall not constitute cause for cancellation or continuation of any scheduled public meeting or hearing if the applicant has provided a sworn affidavit of mailing to all persons at the listed address shown on the computerized list of names provided to the applicant by the city for purposes of compliance with this subsection.

E.    Notice shall be mailed to persons commenting at a public hearing at the address given on the signup sheet for the hearing or in the person’s oral testimony.

F.    For preliminary plats of proposed subdivisions, mailed notice in addition to that described above and in BMC 11.19.001 shall be given as follows:

1.    Notice of application concerning a preliminary plat of a proposed subdivision adjacent to or within one mile of the municipal boundaries of a city or town, or which contemplates the use of any city or town utilities, shall be given to the appropriate city or town authorities.

2.    Notice of application concerning a preliminary plat of a proposed subdivision located in a city or town and adjoining the municipal boundaries thereof shall be given to the appropriate county officials.

3.    Notice of application concerning a preliminary plat of a proposed subdivision located adjacent to the right-of-way of a state highway or within two miles of the boundary of a state or municipal airport shall be given to the Washington State Secretary of Transportation, who must respond within 15 calendar days of such notice.

4.    Special notice of the hearing shall be given to adjacent landowners by any other reasonable method the city deems necessary. Adjacent landowners as used in this subsection means the owners of real property located within 500 feet of any portion of the boundary of the proposed subdivision, as shown by the records of the county assessor. If the owner of the real property which is proposed to be subdivided owns another parcel or parcels of real property which lie adjacent to the real property proposed to be subdivided, notice under RCW 58.17.909(1)(b) shall be given to owners of real property located within 500 feet of any portion of the boundaries of such adjacently located parcels of real property owned by the owner of the real property proposed to be subdivided.

G.    All mailed public notices shall be deemed to have been provided or received on the date the notice is deposited in the mail or personally delivered, whichever occurs first. (Ord. 2212 § 2 (Exh. B), 2016; Ord. 2043 § 2 (Exh. B), 2010; Ord. 1903 § 1, 2003; Ord. 1884 § 1, 2002; Ord. 1815 § 1, 2000; Ord. 1773 § 1, 1999; Ord. 1691 § 1, 1997).

11.19.008 Optional public notice.

In addition to the required methods set forth in this chapter for providing public notice, the director may require notification, if determined necessary to ensure adequate notice to the public. The city’s failure to provide the optional notice as described in this subsection shall not be grounds for invalidation of any permit decision. Optional public notice includes, but is not limited to, any one or more of the following:

A.    Notify public or private individuals or groups with known interest in a certain proposal or type of proposal, or in proposals within a certain area or areas of the city;

B.    Notify the news media;

C.    Place notices in appropriate regional or neighborhood newspapers or trade journals;

D.    Publish notices in agency newsletters or sending notices to agency mailing lists, either general lists or lists for specific proposals or subject areas;

E.    Mail to neighboring property owners and occupants;

F.    Post notices in public places;

G.    Record notices on a telephone message line;

H.    Post notices electronically via the Internet;

I.    For Type V legislative actions, except annexations, mail via the United States Postal Service to persons who have indicated an interest in such actions and who have paid an annual subscription fee based on the cost of such mailings. The list of such persons shall be maintained by the department of community development;

J.    For Type V legislative actions, except annexations, e-mail to persons who have indicated an interest in such actions and a preference to be notified by e-mail. The list of such persons shall be maintained by the department of community development. (Ord. 1903 § 1, 2003; Ord. 1815 § 1, 2000; Ord. 1691 § 1, 1997).