Chapter 17.09
ORGANIZATION AND ENFORCEMENT
Sections:
17.09.010 Administrator.
17.09.020 Planning commission.
17.09.025 Historic commission.
17.09.030 Hearing examiner.
17.09.040 Building official.
17.09.050 Fire chief.
17.09.060 Public works director.
17.09.070 Development review committee (DRC).
17.09.080 Development codes.
17.09.090 Development engineering standards.
17.09.100 Development permits required.
17.09.105 Agency permits required.
17.09.110 Special use permits/variance – Process.
17.09.115 Conditional use/planned unit development (PUD).
17.09.120 Variance.
17.09.130 Public hearings.
17.09.140 Amendments/rezones.
17.09.150 Appeals.
17.09.160 Violations.
17.09.170 Appendices.
17.09.010 Administrator.
A. The administrator shall administer and enforce the provisions of this title and shall coordinate such administration and enforcement with the members of the DRC. The administrator shall serve as chairperson of the DRC and facilitate the decision-making process related to development permit applications.
B. Certain decisions relating to development permit applications are required to be made by other members of the DRC. The administrator shall enforce those decisions when they are conveyed in writing to the administrator, or when they are made a matter of record at a DRC meeting.
C. The administrator shall interpret the words and terms used in this title, and shall determine the applicability of specific requirements to specific circumstances. The administrator shall be authorized to make decisions to accomplish equivalency, provided a record is made of the reasons and justification at a DRC meeting.
D. The administrator shall be authorized to issue citations consistent with the provisions of CMC 17.09.160. [Ord. 720B § 1, 2002.]
17.09.020 Planning commission.
A. The powers and duties of the planning commission are specified in Chapter 2.48 CMC.
B. The planning commission shall, during the first quarter of each calendar year, determine whether or not amendments should be made to the adopted comprehensive plan or these development regulations. In making such a determination, the planning commission may conduct a public hearing. Such a determination and recommended action, if any, shall be submitted to the city council for consideration.
C. The planning commission shall conduct public hearings and make recommendations to the city council on any proposal for a rezone of any parcel of property, or any amendment to this title. Any such recommendations must be consistent with the adopted comprehensive plan.
D. The planning commission shall hear and decide applications for a planned unit development (PUD) proposal (see Chapter 17.39 CMC).
E. The planning commission shall hear and decide applications for a subdivision (see CMC 17.12.148). [Ord. 720B § 1, 2002.]
17.09.025 Historic commission.
The powers and duties of the historic commission are specified in Chapter 2.66 CMC. [Ord. 720B § 1, 2002.]
17.09.030 Hearing examiner.
The powers and duties of the hearing examiner are specified in Chapter 2.50 CMC. [Ord. 847B § 8, 2009; Ord. 819B § 13, 2007; Ord. 806B § 2, 2006; Ord. 720B § 1, 2002.]
17.09.040 Building official.
The powers and duties of the building official are specified in the International Building Code (IBC), and are adopted by reference as if fully set forth herein. [Ord. 720B § 1, 2002.]
17.09.050 Fire chief.
The powers and duties of the fire chief are specified in the International Fire Code (IFC), and are adopted by reference as if fully set forth herein. [Ord. 720B § 1, 2002.]
17.09.060 Public works director.
The powers and duties of the public works director are specified in Chapter 2.40 CMC. [Ord. 720B § 1, 2002.]
17.09.070 Development review committee (DRC).
A. The intent of the development review committee (DRC) is to streamline and simplify the application process. If a specific proposal requires a complex permit system review after application, the DRC shall conduct such a review and notify the applicant using step-by-step instructions of what is required. The DRC shall review all applications to determine that all necessary permits have been obtained from those federal, state or local governmental agencies from which prior approval is required.
B. The DRC shall consist of the building official, fire marshal, director of community development, director of public works, fire chief, police chief, and any other position having a statutory or contractual authority to make decisions on development permit applications, for the purpose of joint review and decision-making related to specific development permit applications.
C. The DRC shall meet at a regular time and place specified by the administrator. Any such meeting may be canceled by the administrator for cause (e.g., holiday), and all agenda items will be carried over to the next regular meeting.
D. The community development director will compile an agenda for each meeting. The agenda and all pertinent information will be provided to the standing members of the DRC at least two days prior to a meeting. There will be exceptions to this depending on the applications. The agenda shall consist of all development applications received by the community development department prior to the close of business the third day preceding the DRC meeting. All applications received by any other city department shall be submitted to the DRC at the first meeting after their receipt and added to the agenda, excepting those applications excluded by DRC policy. Any member of the DRC may submit an application for review. Such application would normally be reviewed with comments and recommendations at the next subsequent meeting of the DRC if it is of a complex nature, but simple issues should be conditioned and resolved in a timely manner.
E. The DRC is an administrative committee comprised of the members of the departments who are responsible for issuance of a variety of permits and licenses, and enforcement of numerous federal, state, and local codes and ordinances. Because of this structure, the DRC may suggest the holding of permit approval until further information can be acquired, or may suggest the denial of an application. The final decision rests with the member of the responsible department having the statutory authority to issue permits or licenses, or enforce federal, state, or local codes and ordinances.
F. Any conditions of approval made by the member of the responsible department must be stated and conveyed to the applicant in statutory and definitive terms. The terms “shall,” “must,” or “will” must be included in any conditioning statement. The terms “should” or “may” will not be considered mandatory in any approval process, and will generally suggest or recommend alternatives to the proposal as submitted. Any conditions applied to any permit or license approved by any department are the responsibility of that department for enforcement. A building permit may contain conditioning statements for the fire marshal, for example, but the fire marshal is responsible for enforcing them under the fire marshal’s statutory authority. Typically, the only time that a permit from one department will contain conditions of another department is when the conditioning department does not have a permitting process, but does have requirements relevant to the proposal. At the DRC meeting, the appropriate conditions on the appropriate permit shall be determined.
G. Nothing which is accomplished at any DRC meeting shall preclude any department from independent permitting, approval or enforcement activities within their statutory authority. In the event that any department desires to condition any permit, but neglects to do so at a DRC meeting, that department may independently pursue any appropriate method of obtaining compliance with the regulations of the city.
H. The plan review process is designed to be a comprehensive analysis of a development proposal to determine whether or not the development, if constructed or implemented, will comply with the city’s regulations. When a plan or blueprint is submitted, it must be approved as presented, conditioned in some manner based on a specific regulation or denied because of noncompliance. The DRC may need to refer to a set of standards or performance criteria, but generally must analyze the drawings and tell the applicant specifically what corrections need to be made in order to comply. The DRC will not design the project, but only require changes to the submitted proposal. In cases where the information is missing or unclear on the drawing or print, the DRC may then refer to some standard or criteria, or dictate exactly what must be done as a conditioning statement.
I. The fire department and police department issue fire code permits and parking permits; the public works department issues permits for clearing, filling, grading, right-of-way, utility installation and various other approvals; the community development department issues permits for building, zoning (land use), flood hazard zone, Shoreline Management Act, SEPA approvals and various other permits and approvals. Each of these permitting systems has been designed to address specific or unique issues related to any development proposal and is administered by the department having the related expertise. Any development proposal may be exempt from any of these permit systems, or may be under the jurisdiction of all of them.
J. It is the responsibility of the DRC to determine which permit system an applicant is exempt from and so document using the appropriate method of the applicable department, and which permit or approval system must be applied to the proposal. Some permitting systems such as SEPA and SMA require that state forms be used. [Ord. 819B § 13, 2007; Ord. 810B § 6, 2006; Ord. 769B § 8, 2004; Ord. 767B, 2004; Ord. 766B, 2004; Ord. 720B § 1, 2002.]
17.09.080 Development codes.
A. Pursuant to the State Building Code Act (Chapter 19.27A RCW), certain codes, rules, and regulations, as the same now exist or may hereafter be amended, supplemented or added to, shall be, and the same hereby are, adopted by reference, including additions, deletions, and amendments to the codes (Chapters 51-40 through 51-47 WAC); the Washington State Energy Code (Chapter 51-11 WAC); the Washington State Historic Building Code (Chapter 51-19 WAC); and the Washington State Ventilation and Indoor Air Quality Code (Chapter 51-13 WAC), which are promulgated by the Washington State Building Code Council. In addition, certain code appendices and specialized codes are also adopted by reference. Such codes, rules, and regulations are enumerated in Appendix Chapter E and are adopted by reference as if fully set forth herein.
B. In the event of conflict between provisions of the codes, rules, or regulations enumerated in Appendix Chapter E, the first-named code, rule, or regulation shall govern over those following, except as provided in Chapter 51-40 WAC (Building Code).
C. One copy each of the above-referenced codes shall be available for public reference in the office of the city building official. [Ord. 819B § 6, 2007; Ord. 720B § 1, 2002.]
17.09.090 Development engineering standards.
A. Any and all development which occurs upon or abutting a public right-of-way, and any and all development which involves any extension, connection, or any other direct or indirect association with any water, wastewater and/or storm water utility component, and/or any land-disturbing activity shall comply with the development engineering standards. Such standards are specified in the development engineering standards, and are applicable as determined by the director of public works or designated consultant.
B. Nothing herein shall preclude the director of public works from specifying standards different than those contained in the development engineering standards based on best available information and technology; provided, that the reasons and justification for such alternative standards are made a matter of record at a DRC meeting, and that equivalency is obtained through the use of such alternative standards in the particular circumstance. [Ord. 819B § 13, 2007; Ord. 720B § 1, 2002.]
17.09.100 Development permits required.
A. Except for specific exempted activity defined in the adopted building code, and/or defined in the development engineering standards, no development, earthwork, utility work, subdivision, building, structure, building usage, property usage, or other similar activity regulated by this title shall be initiated, erected, constructed, enlarged, altered, repaired, moved, improved, removed, converted, or demolished unless a development permit and/or certificate of occupancy is issued by the city for such activity.
B. Application for a development permit shall be on forms specified by the city, and shall contain the information required for review by the city. Required information shall include, but not be limited to, that information specified in the building code relating to building permits, and that information specified in the development engineering standards relating to utility and/or right-of-way development activity. In addition, development within environmental districts or special districts will require specialized information or required meetings with the DRC relating to such a district. Such information shall also be submitted for review whenever applicable.
C. The DRC shall determine if such application is exempt from a development permit and, if so, such application shall be reviewed as an application for a certificate of occupancy. The DRC shall document such exemption in the permanent file for the subject address.
D. Prior to issuance of any development permit, the DRC shall determine that water and sewer utility service is physically provided to the frontage, or other approved location, of the subject property. Upon approval of the required civil plan for any public utility infrastructure, the DRC may accept a bond or other guarantee approved by the city attorney for said infrastructure in lieu of said infrastructure being installed, inspected, approved and accepted by the city. The DRC will not issue any final approval of any development permit until such infrastructure is completed and accepted by the city.
E. The DRC may place a development permit application on hold pending resolution of any abatement activity filed on the subject property or use. Unresolved abatement processes shall be cause for the DRC to deny proposed development activity for failure to comply with applicable city regulations.
F. Failure of an applicant to submit required information within 30 days of a written notice to do so shall constitute an abandoned application, and shall therefore acquire no vested rights.
G. Nothing herein shall preclude an applicant from requesting that the city issue a development permit for exempt activity. Such a request shall be reviewed as if it were a required permit application. [Ord. 847B § 9, 2009; Ord. 819B §§ 7, 13, 2007; Ord. 750B § 2, 2003; Ord. 720B § 1, 2002.]
17.09.105 Agency permits required.
A. It shall be the responsibility of the applicant for any development activity to determine whether or not any other government agency, or any agency with contracted jurisdiction, has any permit or approval requirements for the proposed development.
B. Issuance of a development permit by the city shall not relieve the applicant of any obligation or responsibility to comply with applicable requirements of any other agency with jurisdiction over the proposal. [Ord. 720B § 1, 2002.]
17.09.110 Special use permits/variance – Process.
A. Although each zone is primarily intended for a predominant type of use (e.g., dwellings in residential districts), there are a number of uses which may or may not be appropriate in a particular zone depending upon all the circumstances of the individual case. Also, there are uses which because of their temporary nature cannot be properly classified in any particular zone without individual consideration of impact of those uses upon the neighboring land and of the public need for the particular uses. Such special circumstances are addressed through the conditional use permit, planned unit development (PUD), and variance processes described in this chapter.
B. Any person desiring a conditional use permit, temporary or special use permit, PUD, or a variance from any requirement of this title shall file an application with the administrator on a form provided by the city. Accuracy and completeness of the application shall be the responsibility of the applicant. Such filing shall be accompanied by the filing fee specified in Appendix Chapter A. The administrator shall review the application and transmit the application to the examiner or the planning commission as applicable and set the date for a public hearing on the application. Such public hearing must be held, with notice as provided in CMC 17.09.130, within 90 days following the filing of a complete application. The examiner or planning commission shall approve, approve with conditions, modify, or deny the application within 30 days after conclusion of the public hearing, and shall state their or its findings of fact, conclusions, and decisions in writing. These findings and conclusions shall relate specifically to each of the conditions specified in CMC 17.09.115 and/or 17.09.120. The examiner or planning commission approval of the application shall constitute authorization and direction to the administrator to issue a permit for the conditional use, PUD or variance. Failure of any person to appeal any decision of the examiner or planning commission shall constitute acceptance of the decision made on the record.
C. Any complete application submitted prior to the effective date of the ordinance codified in this title shall be heard and decided by the board of zoning adjustment; provided, if the board is unable to act on any such application for any reason, it shall be transmitted to the hearing examiner for a hearing and determination. Any change in venue of any application during the transition from board to examiner pursuant to this title shall not affect any vested status of such application. [Ord. 720B § 1, 2002.]
17.09.115 Conditional use/planned unit development (PUD).
A. A permit to allow a conditional use or a planned unit development (PUD) may be approved when:
1. The use proposed in the application is not listed on the zoning use chart, CMC 17.78.020, or any special or environmental district use criteria (Divisions III and IV of this title) as a prohibited use in the zone or district in which the proposed use would be located; and
2. The procedures set forth in CMC 17.09.130, notice, have been followed; and
3. The examiner or planning commission has found that the proposed use is consistent with the objectives and purposes of this title and with the comprehensive plan; and
4. The examiner or planning commission has found that the proposed use is compatible with surrounding land uses and with the general character of the district in which it would be located; and
5. In the case of a conditional use permit allowing the continuance or reestablishment of a nonconforming use:
a. The nonconforming use possessed substantial value at the time of discontinuance; and
b. The owner can demonstrate substantial hardship if the conditional use is denied; and
c. No violations of this title nor any public nuisance would be created by the proposal if approved; and
d. The overall community will not be materially damaged by grant of the permit.
B. In considering an application for a conditional use permit or a PUD:
1. If the proposed use is identified in the zoning use chart, CMC 17.78.020; the shoreline master program (SMP) (Chapter 17.18 CMC and Appendix Chapter R); or any special district (Division IV of this title) as a listed conditional use, the burden to demonstrate that the proposal should be denied rests with the public;
2. If the proposed use is not identified in any use chart in this title as a listed conditional use, the burden to demonstrate that the proposal should be approved rests with the applicant.
C. In considering an application for a conditional use or PUD, the examiner or planning commission may impose modifications or conditions on the application necessary to ensure compliance with this title and the comprehensive plan. Such modifications or conditions may relate to the following:
1. Size and location of the site;
2. Street and road capacities in the area;
3. Ingress and egress to adjoining public streets;
4. Location and amount of off-street parking;
5. Internal traffic circulation system;
6. Fencing, screening, and landscaped buffer areas;
7. Building bulk and location;
8. Usable open space;
9. Signs and lighting;
10. Drainage of storm water;
11. Noise, vibration, air pollution and other environmental influences; and
12. Other pertinent factors.
D. All approved site plans relating to conditional uses and PUDs, including modifications and conditions, shall be made a part of the permanent address file and any development permit for the property.
E. No approved conditional use permit or PUD may be modified, enlarged, or expanded in ground area unless the site plan is amended and approved in accordance with any variance procedures applicable to such proposal.
F. A conditional use permit approved by the examiner and issued by the administrator shall expire 90 days from the date of issuance if no substantial activity has occurred to implement the approved proposal. A PUD approved by the planning commission shall expire 180 days from the date of approval if no substantial activity has occurred to implement the approved proposal. [Ord. 720B § 1, 2002.]
17.09.120 Variance.
A. Where unnecessary hardships or practical difficulties resulting from peculiarities of a specific property render it difficult or inequitable to carry out all provisions of this title, the examiner shall have the authority to grant a variance if all the following conditions are met:
1. The variance will not constitute a grant of special privilege inconsistent with the limitation upon development of other properties in the vicinity and zone in which subject property is located; and
2. Such variance is necessary, because of special circumstances relating to the size, shape, topography, location, or surroundings of the subject property, to provide it with development rights and privileges permitted to other properties in the vicinity and in the zone in which the subject property is located; provided, that such unusual circumstances or conditions have not been created by action or acquiescence of the applicant; and
3. The granting of such variance will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity and zone in which the subject property is situated; and
4. The granting of such a variance will not be inconsistent with the comprehensive plan; and
5. The variance, if granted, will not alter the essential character of the neighborhood or district in which the property is located, nor substantially or permanently impair the appropriate use or development of any adjacent property.
B. An application for a variance shall be accompanied by a written statement as to how the request is consistent with subsection (A) of this section and the burden of demonstrating such consistency lies with the applicant. In authorizing a variance, the examiner or planning commission may attach thereto such conditions regarding the location, character, or other features of the proposed structures or uses as it may deem necessary to carry out the intent of this title.
C. Unless another time limit is established during the approval process, a variance so authorized shall become void after 90 days if no substantial construction has taken place in accordance with the plans for which the variance was authorized. [Ord. 720B § 1, 2002.]
17.09.130 Public hearings.
A. Notice of the time, date, place, and purpose of any public hearing required to be held before the city council, commission, hearing examiner, or the DRC shall be published one time in a newspaper of general circulation available in the area involved in the subject hearing, or as required in CMC 17.12.140 (subdivisions), 17.15.220 (SEPA) or 17.18.040 (shorelines). Such publication shall occur at least 10 days prior to the date of the subject hearing.
B. If the subject of a hearing does not involve a site-specific activity, such notice shall also be faxed or otherwise delivered to local radio stations which broadcast local news.
C. If the subject of a hearing does involve a site-specific activity, such notice shall also be mailed to the owner of record of any property within 300 feet of the boundary of the subject property. The administrator shall ascertain the listing of tax parcel numbers from the Lewis County assessor’s plat map, and the owners of record listed in the Lewis County assessor’s office. Whenever an owner’s mailing address does not match the situs address for the tax parcel number, an additional notice will be mailed to the occupant at the situs address. Such mailing shall be accomplished by the administrator, and the filing fee associated with any application which requires a public hearing shall recover the cost of such mailing, including staff time.
D. Failure of the administrator to send notice to any person specified to receive such notice, or failure of any person to receive such notice for any reason, shall not invalidate any proceeding associated with the subject application, and shall not constitute a cause of action against the city; provided, that substantial conformance with the notice requirement has been accomplished, and said notice has been published as required in subsection (A) of this section. [Ord. 720B § 1, 2002.]
17.09.140 Amendments/rezones.
A. The provisions of this title and/or the adopted comprehensive plan may be amended during the second quarter of any calendar year except as provided in subsection (C) of this section. Any agency or any taxpayer may petition the city for an amendment to this title and/or the comprehensive plan. If such a petition involves a rezoning of any property within the city or its UGA, the petitioner must hold a legal ownership interest in at least one tax parcel of property within any area submitted for rezoning.
B. A petition for any amendment to this title or the comprehensive plan shall be submitted on forms provided by the administrator (Appendix Chapter B), received by the city between February 1st and March 31st of any calendar year, and be accompanied by any required filing fee (Appendix Chapter A). Only one subject, area, or section shall be submitted per form, but there is no limit to the number of forms that may be submitted. Nothing herein shall preclude the filing of a petition at any other time of year; however, the city shall take no formal action on such a petition until the February 1st following receipt of such a filing.
C. This title and/or the comprehensive plan may be amended at any time to comply with any statutory requirements mandated by state and/or federal law. An emergency shall be deemed to exist if failure to amend this title may result in any sanction to the city from any source.
D. A completed petition for amendment shall be reviewed by the DRC, and any comments or recommendations made by the DRC shall be attached to the petition.
E. The petition and any comments or recommendations made by the DRC shall be forwarded by the administrator to the planning commission. The planning commission shall conduct a public hearing on such petition and make a recommendation thereon. The petition and planning commission recommendation shall be forwarded to the city council for consideration.
F. The city council shall conduct a public hearing on the petition and the planning commission recommendation, and approve, modify, or deny such petition.
G. A petition for a rezone of specific property shall be considered an amendment to this title, and such a petition for rezone shall conform to all applicable provisions of this title, including this section.
H. For the purpose of establishing and maintaining sound, stable, and desirable development within the city, the rezoning of land is to be discouraged and allowed only under certain circumstances as provided in this section. This policy is based on the opinion of the city council that the map is the result of a detailed and comprehensive appraisal of the city’s present and future needs regarding land use allocation and, as such, should not be amended unless to correct a manifest error or because of changed or changing conditions in a particular area or the city in general. Rezoning shall only be allowed if the petitioner demonstrates by clear and convincing evidence that:
1. The land to be rezoned was initially zoned in error and as presently zoned is inconsistent with the policies and goals of the comprehensive plan; or
2. Conditions in the area for which rezoning is requested have changed or are changing to such a degree that it is in the public interest to encourage a redevelopment of the area; or
3. The proposed rezoning is necessary in order to provide land for a community-related use which was not anticipated at the time of the adoption of the comprehensive plan, and that such rezoning will be consistent with the policies of the comprehensive plan. [Ord. 720B § 1, 2002.]
17.09.150 Appeals.
A. Any administrative appeal of any decision made by the city’s responsible official under SEPA shall be filed with the examiner as specified in CMC 17.15.270 and 17.15.280.
B. Any judicial appeal of any decision made by the city’s responsible official under SEPA shall not be allowed.
C. Any administrative appeal of any decision made by the examiner shall not be allowed.
D. Any judicial appeal of any decision made by the examiner shall be filed with Lewis County superior court as specified by the court.
E. Any administrative appeal of any decision made by the planning commission shall be filed with the city council. The form of appeal shall be substantially consistent with subsection (J) of this section, and be filed with the director of community development. The city council shall conduct a closed record appeal hearing on any such appeal filed, and uphold, modify, or overturn the decision of the planning commission. The conduct and decision on any such appeal shall be consistent with subsections (L) and (M) of this section.
F. Any judicial appeal of any decision made by the planning commission shall not be allowed.
G. Any administrative appeal of any decision made by the city council shall not be allowed.
H. Any judicial appeal of any decision made by the city council shall be filed with either the Lewis County superior court or the Western Washington Growth Management Hearings Board, as may be appropriate and applicable to the specific circumstance, as specified by the court or the board. It shall be the responsibility of the appellant to identify the required venue.
I. Any administrative appeal of any decision made by any member of the DRC shall be as follows:
1. The applicant must request in writing to the DRC an appeal of a particular or specific requirement which has been conveyed to them as a condition or requirement of their project approval. The applicant must also request a particular date to present their appeal to the DRC; the date must be a regular meeting date of the DRC at least 10 days from the date of the appeal;
2. At the scheduled meeting, the applicant must explain to the DRC why the condition or requirement should not be placed on the project. The DRC member who placed the condition or requirement on the project must cite the statutory authority for the action and for what purpose the specific condition or requirement was chosen;
3. Any member of the DRC may comment on any aspect of the argument, but only the DRC member who attached the condition or requirement may uphold the original decision, modify the requirement based on information the applicant may present, attach additional requirements or conditions based on information the applicant may present, or withdraw the appealed requirement;
4. Any decision on appeal shall be conveyed to the applicant in writing within three working days from the date of decision. Nothing herein prevents any matter from being continued for one or more subsequent DRC meetings, if appropriate; and
5. Only after the above administrative appeal process fails to resolve the issue to the acceptability of the applicant can the quasi-judicial appeal process be used. A formal appeal must be submitted to the examiner as prescribed in the UCADB. If any rule, regulation or code being enforced by any DRC member provides that an appeal may be filed directly to the examiner without first attempting to resolve the issue administratively, the applicant may file such an appeal at their discretion. The conduct of any appeal filed with the examiner is prescribed in the UCADB and will be used to hear and decide the appeal.
J. Any administrative appeal filed with the hearing examiner or city council shall be in substantially the following form:
1. A heading in the words “before the (hearing examiner or city council) of the city of Chehalis”;
2. A caption reading “appeal of...” (giving the names of all appellants participating in the appeal);
3. A statement setting forth the legal interest of each of the appellants in the proposal, if any;
4. A statement in ordinary and concise language as to what is being appealed, including reference to the CMC or WAC sections being cited as the basis for the appeal;
5. A brief statement describing wherein the city’s actions or determinations are not consistent with the regulations cited;
6. Attachment of copies of the applicable pages of any documents referenced in any appeal statement, including the CMC;
7. A brief statement describing with reasonable specificity what relief is being sought by the appellants;
8. The signatures of all parties named as appellants and their official mailing addresses; and
9. A declaration under penalty of perjury that the statements contained in the appeal document are true and correct and signed by at least one of the appellants.
K. The examiner or city council may waive informalities in the form of the appeal document, but may not waive the substantive information required by this section.
L. For any quasi-judicial administrative appeal heard by the examiner or city council, the “procedures for conduct of hearing appeals” specified in the UCADB shall be used by the city to conduct such appeal hearing (see Appendix Chapter E).
M. For any quasi-judicial administrative appeal heard by the examiner or city council, the city shall provide for a record consisting of the following:
1. Testimony of all participants under oath;
2. A taped transcript in standard cassette format; and
3. Written findings, conclusions, and a decision on appeal.
N. Any required filing fee (see Appendix Chapter A) must be attached to an appeal filing. Such filing shall not be complete unless the required fee is attached. [Ord. 810B § 6, 2006; Ord. 720B § 1, 2002.]
17.09.160 Violations.
A. Failure of any person to comply with the procedural requirements of this title, or with any applicable provision identified herein, or with any condition or requirement of any development permit, license or approval, shall constitute a public nuisance, and shall be abated as provided in CMC 7.04.130.
B. Nothing herein shall preclude the city from initiating any other authorized action to correct any violation of this title, including, but not limited to, action authorized under the adopted uniform codes, and/or issuance of criminal citations. [Ord. 720B § 1, 2002.]
17.09.170 Appendices.
A. All appendices to this title are adopted by reference as if fully set forth herein. The full text of all adopted appendices shall be available for public review at the community development office. The user of this document should verify the full content and context of any referenced or applicable appendix prior to submitting any final proposal to the city.
B. Most appendices provide guidance for compliance with the provisions of this title. In the absence of a specific regulation relating to a specific circumstance contained in this title, the provisions of the appendix relating thereto shall be applicable unless specifically exempted therefrom.
C. The criteria in the appendices are expected to be updated frequently and/or regularly. Adoption of a revised appendix may be by resolution of the city council unless:
1. Another method of update or revision is specified in this title; or
2. The city attorney determines that an ordinance is necessary for a specific circumstance.
D. Additions (but not revisions or deletions) to any of the adopted appendices may be made to the appendix document as such pages (e.g., maps, charts, graphs, diagrams, etc.) become constructed without adoption of a resolution therefor; provided, that such pages only explain or clarify, and do not change, the requirements of this title. [Ord. 810B § 6, 2006; Ord. 720B § 1, 2002.]