Chapter 18.50
ADMINISTRATION
Sections:
18.50.010 Land use administrator.
18.50.020 Planning commission.
18.50.030 Board of adjustment.
18.50.040 Twisp municipal airport board.
18.50.070 Conditional use permits.
18.50.080 Administrative permits.
18.50.090 Nonconforming use or structure variance.
18.50.100 Amendment of ordinance.
18.50.010 Land use administrator.
The land use administrator, herein called “the administrator,” shall be appointed by the mayor with confirmation by the town council. Ordinarily, the administrator will be the town’s planner, and the administrator’s duties will be considered part of the town planner’s responsibilities. In all cases, the administrator should be an individual with professional land use planning and zoning administration experience. The duties and responsibilities of the administrator shall include:
(1) Facilitating and expediting actions regulated under this title, and providing customer service consistent with the town’s mission.
(2) Establishing general procedures and preparing forms and applications for the administration of this title.
(3) Making administrative decisions and interpretations of the policies and regulations of this title.
(4) Reviewing all applications made under this title to determine their completeness, and returning the same to the applicant in the event that they are incomplete.
(5) Conducting preapplication conferences where required or allowed pursuant to this title.
(6) Making field inspections where necessary or deemed advisable by the administrator or requested by the planning commission or the town council.
(7) Determining if a use is prohibited under this title, and if not prohibited, whether a variance, planned development permit, or other environmental or land use permit is required.
(8) Determining if a use not listed in the district use chart in Appendix A of this title is allowed in a particular zoning district, and if allowed, whether a conditional use permit, planned development permit, or other environmental or land use permit is required.
(9) Reviewing building permit applications to determine compliance with this title, including review for compliance with mandatory performance standards when applicable.
(10) Making decisions on administrative permit applications, as specified in TMC 18.50.080.
(11) Submitting planned development permit applications and applications for amendments to this title to the planning commission with written report thereon, including report on any preapplication conference and summary of all comments, and recommendation for action thereon.
(12) Investigating and ruling upon applications for statements of nonconforming use or structure status or for approval of home businesses.
(13) Investigating applications for variances or nonconforming use or structure variances and transmittal of completed files thereon to the board of adjustment.
(14) Assuring that all necessary notices are given to the public, applicants, town departments, resource agencies, and interested parties for all hearings hereunder.
(15) Providing technical and administrative assistance to the planning commission and the town council as required for effective and equitable implementation of this title.
(16) Providing summary report to the planning commission and the town council of all permits and approvals issued under this title for the prior calendar year, in February of each year. The report should include a summary of significant administrative determinations and appeals, identification of any problem areas, and any recommendations for improvement of this title.
(17) Investigating, developing and proposing amendments to this title as deemed necessary to more effectively and equitably achieve its goals and policies.
(18) Seeking remedies for alleged violations of this title, or of any permits issued hereunder, and bringing the same to the attention of the mayor when formal action is proposed. (Ord. 620 § 10(1), 2010)
18.50.020 Planning commission.
The town of Twisp planning commission serves the town in implementing the comprehensive plan and provides recommendations to the council as provided in Chapter 2.25 TMC, as it is currently adopted or hereinafter amended. (Ord. 620 § 10(2), 2010)
18.50.030 Board of adjustment.
The town of Twisp board of adjustment shall hear and make decisions on applications for variances, conditional use permits and nonconforming use or structure variances, in each case considering the impacts of the proposed use or alteration. (Ord. 620 § 10(3), 2010)
18.50.040 Twisp municipal airport board.
The airport district will be administered by the Twisp municipal airport board, herein called “the airport board,” in accordance with the town of Twisp Resolution No. 05-375. That resolution gives the board authority to construct, enlarge, improve, maintain, equip, operate, and regulate the airport facility subject to the policies, rules, and regulations of the town. Findings and recommendations by the airport board will be based on guidelines of the FAA and the Washington State Department of Aeronautics. (Ord. 620 § 10(4), 2010)
18.50.050 Town council.
The town council of the town of Twisp shall have the following duties and authorities under this title:
(1) Making final decisions (subject only to judicial review) on applications for planned development permits, amendments to this title, and appeals on variances, conditional use permits, and nonconforming use variances.
(2) Conducting hearings and determining appeals from decisions of the administrator made pursuant to his/her authority under this title.
(3) The council may initiate amendments to this title on its own initiative, and shall make final decisions thereon after hearing, review, and recommendation by the planning commission, to whom such proposals for amendment shall initially be referred by resolution.
(4) Requiring an applicant for a permit hereunder to post a bond as authorized by this title in an amount determined by them and running to the town of Twisp.
(5) Hearing appeals of decisions made by the administrator or board of adjustment according to the provisions of TMC 18.50.120. (Ord. 620 § 10(5), 2010)
18.50.060 Variances.
The board of adjustment shall hear and make decisions on applications for variances from the terms of this title, pursuant to the following procedures and conditions:
(1) Applications. Applications for variance permits shall be filed with the administrator on forms contained in this title* and with all information as required in said forms, together with a completed SEPA environmental checklist, where required, and with payment of all applicable fees. The administrator shall determine if the application is complete, and if not complete shall return the same to the applicant with additional required information noted.
(2) Notice. The administrator shall set a date and time for hearing on the variance application before the board of adjustment, in consultation with said board, which date shall be not more than 30 days after receipt of the complete application (unless an EIS is required, in which instance the time period shall run from date of issuance of the FEIS), and shall cause notice thereof to be published as required by this title. Copies of the application and notice of hearing shall also be mailed to all adjacent property owners and any relevant resource agencies and posted upon the subject property.
(3) The board shall, on the date and time set for hearing, conduct a public hearing upon the variance application, at which all interested persons may appear and be heard on the application, or may submit written comment thereon.
(4) Variance Criteria. Before any variance may be granted, it shall be first demonstrated and the board shall find that all of the following criteria apply:
(a) Due to special circumstances applicable to the subject property, not created by the applicant, and not shared by the area in general, including size, shape, topography, or location of the property, and over which the applicant has no control, the strict application of the zoning ordinance is found to deprive the subject property of rights and privileges enjoyed by other properties in the vicinity and under identical zone classifications; and
(b) The granting of the variance will not be materially detrimental to the public welfare or injurious to other property or improvements in the area in which the subject property is situated, and will not conflict with the purposes, policies or objectives of this title; and
(c) The variance requested is the minimum variance that will alleviate the particular hardship.
(5) Board of Adjustment Decision. The board, after holding the public hearing as required herein, shall issue its written decision with findings and conclusions on which said decision is based within 10 days.
(6) Appeals. Any person aggrieved by the decision of the board to approve or disapprove an application for a variance from the terms and conditions of this title shall be provided an opportunity to appeal such decision to the town council according to the procedures contained in TMC 18.50.120. (Ord. 620 § 10(6), 2010)
*Code reviser’s note: The forms are on file in the office of the town clerk.
18.50.070 Conditional use permits.
The board of adjustment shall hear and make decisions on applications for conditional use permits required by the terms of this title, pursuant to the following procedures and conditions:
(1) Applications. Applications for conditional use permits shall be filed with the administrator on forms provided in this title with all information as required in said form, including a completed impact assessment checklist, together with a completed SEPA environmental checklist, where required, and with payment of all applicable fees. The administrator shall determine if the application is complete, and if not complete shall return the same to the applicant with additional required information noted.
(2) Notice. The administrator shall set a date and time for hearing on the conditional use permit application before the board of adjustment, in consultation with said board, which date shall be not more than 30 days after receipt of the complete application (unless an EIS is required, in which instance the time period shall run from date of issuance of the FEIS), and shall cause notice thereof to be published as required by this title. Copies of the application and notice of hearing shall also be mailed to all adjacent property owners and any relevant resource agencies and posted upon the subject property.
(3) The board shall, on the date and time set for hearing, conduct a public hearing upon the conditional use permit application, at which time all interested persons may appear and be heard on the application, or may submit written comment thereon.
(4) Prior to the hearing date, the administrator shall complete an impact assessment as specified in TMC 18.15.050 and shall make the findings from that assessment available to the board of adjustment.
(5) Conditions. In permitting a conditional use or the modification of an existing conditional use, the board of adjustment may impose, in addition to those standards and requirements expressly specified by this title, any additional conditions that it considers necessary to protect the best interest of the surrounding property or the town as a whole.
(a) Those conditions may include, but are not limited to, increasing the required lot size; limiting the height of buildings; controlling the location and number of driveways and loading spaces; limiting the number, size, and location of signs; requiring diking, fencing, screening, or landscaping to protect nearby property; limiting the hours of operation and controlling any nuisance-generating features. In the case of a use existing prior to the effective date of the ordinance codified in this title and which is classified in this title as a conditional use, any change in use or in lot area or any alteration of the structure shall conform with the requirements dealing with conditional uses.
(b) Any conditions imposed upon the granting of a conditional use permit shall be reasonably calculated to achieve and promote the purposes and policies of the comprehensive plan and of this title, and to protect the health, safety, and general welfare of the community as a whole and of the district in which the use shall be located, including mitigation of impacts to achieve the performance goals specified in this title.
(6) Board of Adjustment Decision. The board, after holding the public hearing as required herein, shall issue its written decision with findings and conclusions on which said decision is based within 10 days.
(7) Appeals. Any person aggrieved by the decision of the board to approve or disapprove an application for a conditional use permit shall be provided an opportunity to appeal such decision to the town council according to the procedures contained in TMC 18.50.120. (Ord. 620 § 10(7), 2010)
18.50.080 Administrative permits.
An administrative permit (AP) is a means of allowing certain uses that require some review in order to ensure that the uses are consistent and compatible with other existing and permitted uses within the zone and do not create undue demands on public facilities, and to prevent and abate public nuisances.
(1) Intent. It is the intent of this section to detail the procedures required and the responsibilities of the administrator, and the town council upon appeal, in the processing, consideration, and issuance of administrative permits whenever such permits are applied for pursuant to provisions of this title. Only those uses listed as requiring an administrative permit, within a particular zone, qualify for this process, except as otherwise provided in Chapter 18.15 TMC. The administrator may determine that other similar uses, which are not listed, may qualify for this process. This process is not to replace the variance procedure or to permit uses that are prohibited within the zone.
(2) Authority. The administrator shall have the authority, subject to provisions of this section (and specifically subsection (4) of this section), to grant, upon such conditions as may be determined necessary in order to realize the intent of this title, an administrative permit for a use found to be in harmony with the scope and purpose of this title, the intent of the zoning district in which the use is to be located, and the goals, objectives, and policies of the Twisp comprehensive plan and in accordance with subsection (4) of this section.
(3) Process.
(a) Applications for administrative permits shall be filed with the administrator on forms provided by the administrator with all information as required in said form, including a completed impact assessment checklist, together with a completed SEPA environmental checklist, where required, and with payment of all applicable fees. The administrator shall determine if the application is complete, and if not complete shall return the same to the applicant with additional required information noted.
(b) The administrator shall review all administrative permit requests. Upon receipt of a complete application the administrator shall within 15 business days complete an impact assessment (see TMC 18.15.050) and issue an initial determination to grant or deny the permit. Each determination to grant or deny an administrative permit shall be supported by written findings of fact showing specifically wherein all of the following conditions exist:
(i) That the use for which the administrative permit is requested is specified by this title as being administratively permitted within the zoning district in which the property is located, or that said use is not listed in the district use chart in Appendix A of this title and is similar to a use that is specified by this title as being administratively permitted within the zoning district in which the property is located;
(ii) That the use for which the administrative permit is requested is consistent with the description and purpose of the zoning district in which the property is located;
(iii) That said use complies with all requirements of this title, including the specific performance standards in TMC 18.15.070;
(iv) That the site for which the use is proposed is of sufficient size to accommodate the proposed use and that all yards, open spaces, walls and fences, parking, loading, landscaping and other such features as are required by this title, or as are needed in the opinion of the administrator to ensure that the proposed use will be compatible and harmonious with adjacent and nearby uses, will be properly provided.
(c) The administrator’s initial determination, along with any permit conditions, shall be forwarded to the applicant and to all adjacent property owners and any relevant resource agencies and posted upon the subject property.
(d) Any affected party may appeal the administrator’s initial determination to the town council pursuant to TMC 18.50.120. If no appeal of the initial determination of impending administrative permit issuance is filed within five regular town business days from issuance of the administrator’s initial determination, the administrator shall render a final decision on the permit in accord with the initial determination within five regular town business days.
(4) Conditions of Approval. In order to mitigate anticipated impacts of a proposed use or support a finding of fact or prevent and abate public nuisances associated with any project for which an administrative permit is requested, the administrator shall have the authority to require compliance with conditions and safeguards deemed necessary to mitigate the anticipated impacts of a proposed use, based on the findings of fact (per subsection (3)(b) of this section). Such conditions may be imposed that could increase requirements in the standards, criteria, or regulations of this title or other town legislation or adopted policies. Project proponents may submit plans for proposed alternative means of mitigation impacts for review by the town. No administrative permit shall require, as a condition, the dedication of land for any purpose not reasonably related to the use of property for which the administrative permit is requested, nor posting of a bond to guarantee installation of public improvements not reasonably related to the use of property for which the administrative permit is requested.
(a) The following conditions must be met prior to approval of an administrative permit for overnight accommodations and overnight rentals. Compliance with said conditions is required on an annual basis. Noncompliance may result in revocation of permit.
(i) Town business license.
(ii) Transient accommodation permit.
(iii) Okanogan County health district permits as appropriate for food service, if any.
(iv) Parking will be as required in underlying zone.
(5) Time Limitations. Any administrative permit granted by the administrator, or by the town council on appeal, shall be null and void if not exercised within the time specified in such permit or, if no time is specified, within two years of the date of approval of such permit. An administrative permit shall be deemed exercised and remain in full force and effect when a building permit has been issued and substantial construction accomplished, or when substantial investment has been made to establish the use for which the administrative permit has been granted in reliance upon said administrative permit, with the exception of renewable administrative permits granted to mobile vendors and temporary markets. If such permit is abandoned or is discontinued for a continuous period of two years, it may not thereafter be reestablished unless authorized in accordance with the procedure prescribed herein for the establishment of an administratively permitted use.
(6) Renewable Administrative Permits. Renewable administrative permits granted to mobile vendors and temporary markets shall be valid for a period of one year from the date of approval, and shall be renewable annually as long as the permit holder is in compliance with all conditions of the permit.
(7) Extension of Time. Upon written request by a property owner or his/her authorized representative prior to the date of administrative permit expiration, the administrator may grant an extension of time up to but not exceeding one year. Such extension of time shall be based upon a finding that there has been no material change of circumstances applicable to the property since the granting of said permit that would be injurious to the neighborhood or otherwise detrimental to the public health, safety and general welfare.
(8) Additions and Modifications to Sites and Structures.
(a) Minor Additions or Modifications.
(i) Minor adjustments are those that may affect the precise dimensions or siting of buildings, but that do not affect the basic character or arrangement of buildings approved, nor the development coverage of the development or the open space requirements. Such dimensional adjustments shall not vary more than 10 percent from the original. Minor adjustments to sites and structures permitted under existing valid administrative permits may be administratively approved by the administrator, subject to the following findings:
(A) The proposed addition or modification is determined to be in substantial conformity with any and all previous valid administrative permits for existing uses on the site.
(B) The proposed addition or modification directly relates to a use or structure established under a previous valid administrative permit.
(C) No more than one administrative approval for any such minor addition or modification shall be granted on a single property within any two-year period.
(D) The proposed addition or modification shall still be subject to all other applicable town ordinances and development standards, including setback, screening, or buffering requirements.
(E) The proposed addition or modification will be served by existing streets, driveways and utilities, and will not require relocation of any existing structures or other site modifications.
(ii) Upon approval of any such minor addition or modification, notice shall be provided to all parties of record with the opportunity to comment on the administrator’s decision within 10 business days. If a written objection is filed within 10 business days, the administrator shall reconsider the determination in light of the objection(s) raised and render a final decision. Any party aggrieved by the administrator’s final decision may file an appeal of that decision to the town council pursuant to TMC 18.50.120.
(b) Major Adjustments. Major adjustments are those that, when determined by the administrator, substantially change the basic design, coverage, open space or other requirements of the permit. When the administrator determines that a change constitutes a major adjustment, no building or other permit shall be issued without prior review and approval by the town council of such adjustment.
(9) Cancellation of an Administrative Permit. A valid administrative permit granted by the administrator, or the town council upon appeal, may be canceled at any time. Cancellation must be initiated by the owner of the property covered by an administrative permit by means of a written request to the administrator. Said permit shall then become null and void within 30 days thereafter.
(10) Revocation of Permit. The administrator may revoke, suspend, or add additional conditions to any administrative permit granted under the provisions of this section on any one or more of the following grounds:
(a) That the approval was obtained by fraud;
(b) That any material fact was concealed or misrepresented on the administrative permit application or on any subsequent applications or reports;
(c) That the use for which such approval is granted is not being exercised;
(d) That the use for which such approval is granted has ceased to exist or has been suspended for one year or more;
(e) That the administrative permit granted is being, or recently has been, exercised contrary to the terms or conditions of such approval, or in violation of any statute, ordinance, law or regulation;
(f) That the use for which the approval was granted is being so exercised as to be detrimental to the public health, safety or general welfare, or so as to constitute a nuisance.
(11) Posting of Performance Bonds. Notwithstanding the provisions of subsection (4) of this section, whenever an administrative permit is granted upon any condition or limitation requiring development of a right-of-way, installation of utilities, or other public improvements, the person seeking the administrative permit may be required to furnish security in the form of money or a surety bond in an amount fixed by the administrator, or the town council on appeal, to ensure compliance with the conditions and limitations related to public improvements upon which said permit is granted. Every such bond shall be a performance bond and shall be in a form approved by the city attorney, shall be payable to the town, and shall be conditioned upon compliance with the conditions and limitations upon which said permit is granted. (Ord. 669 § 2, 2013; Ord. 620 § 10(8), 2010)
18.50.090 Nonconforming use or structure variance.
(1) The owner of a nonconforming use or structure may apply to the board of adjustment for a nonconforming use or structure variance to allow for alteration or expansion of a nonconforming use or structure, pursuant to the procedures set forth in TMC 18.50.060 (Variances).
(2) Criteria. Before any nonconforming use or structure variance may be granted, it shall be first demonstrated and the board shall find that all of the following criteria apply:
(a) Expansion or alteration of a nonconforming use shall be limited to uses that are substantially similar to allowed uses in the area, or that do not conflict with the general purpose and intent of the zoning district in which it is located;
(b) The expansion or alteration shall not substantially increase the nonconforming aspect of the use or structure;
(c) The inability to alter or expand the nonconforming use or structure works a hardship upon the applicant. (Ord. 620 § 10(9), 2010)
18.50.100 Amendment of ordinance.
Any provision of this title including the official zoning map may be amended by following the procedures of this section.
(1) Comprehensive Plan. No amendment to this title shall be adopted nor any rezone granted which is inconsistent with the comprehensive plan of the town of Twisp, as now existing or hereafter amended.
(2) Initiation. An amendment to the text of this title or to the zoning map adopted herewith may be initiated by:
(a) Resolution of the town council;
(b) Resolution of the town planning commission; or
(c) Petition by a registered voter or landowner of the town of Twisp.
(3) Petition for Amendment. Petitions for amendment to the text of this title or to the zoning map shall be on forms prescribed by the administrator, and shall be filed with the town clerk together with a fee as determined by the town council pursuant to this title, and together with the completed SEPA environmental checklist and SEPA checklist fee. Petitions for amendment shall include the following information:
(a) Petitions to amend the zoning map shall include a vicinity map and a complete legal description of the property for which amendment is sought, a clear explanation of the requested amendment, and a justification for said change. The petition shall be signed by the owner or owners of not less than 60 percent of the acreage for which rezone is sought, and each signer shall give his/her name, address, and the description by lot and block number or assessor’s tax number, accompanied by assessor’s map therefor, of the property owned by each such signer.
(b) Petitions for amendment to the ordinance text shall include a complete explanation of the section(s) of the ordinance for which amendment is sought, and of the requested amendment with proposed language therefor, and each signer shall give his/her name and address.
(4) Resolution for Amendment. Resolution of the town council or of the town planning commission for amendment to the text of this title or the zoning map shall be directed to the town clerk and shall include a complete description or map of the property for which amendment is sought, and/or a complete explanation of the section(s) of the ordinance for which amendment is sought and the proposed language therein.
(5) Hearing on Petition or Resolution. Upon receipt of such petition or resolution the town clerk shall submit the same to the administrator who shall determine if the petition or resolution is complete and, if so, shall refer the same to the planning commission. At its next regular meeting the planning commission shall set a date for public hearing on the petition or resolution, and shall cause notice to be given as required in this title. The administrator shall also mail copies of the petition or resolution to any interested resource agencies, including the Okanogan County planner. At the public hearing on the petition or resolution, the town planning commission shall review the same and the report and recommendation of the administrator thereon and all environmental information filed therewith (including the SEPA threshold determination of the SEPA responsible official), shall review all written comments received from any interested agencies, town departments, and the public, and shall take testimony from all persons who appear to be heard on the petition or resolution. After conclusion of public hearing on a petition or resolution for amendment, the planning commission shall issue its written recommendation on such petition, which shall include findings of fact and conclusions upon which such recommendation is based.
(6) Decision of Town Council. Upon receipt of the recommendation from the planning commission on a petition or resolution for amendment, the town council shall, at its next regular meeting, set a date to consider the same, which shall be heard at a public meeting of the council. The town council shall at such meeting consider the petition or resolution and the record and recommendation of the planning commission and shall determine whether to accept the recommendation of the planning commission. If the town council does not accept the recommendation of the planning commission without substantial alteration or conditions thereto, then the council shall set a date for public hearing upon the petition or resolution and shall cause notice to be given thereof as set forth in this title. At the date set for public hearing, the council shall hear testimony from all persons who wish to be heard on the petition or resolution, and shall thereafter issue its decision to grant the amendment, deny the amendment, or to grant the amendment with conditions or modifications thereto. (Ord. 620 § 10(10), 2010)
18.50.110 Notice.
Whenever notice of a public hearing is required to be given pursuant to the terms of this title, such notice shall be given in the manner as required in this section.
(1) Publication. Notice of public hearing on a petition to amend or other proposal to amend the text of this title, or to amend the zoning map adopted herewith, shall be published for two consecutive weeks in a newspaper of general circulation in the town, with the date of second publication to be not more than 15 days nor less than five days prior to the date set for hearing. Notice of a public hearing on any other application under this title, or on any appeal hereunder, shall be published once in a newspaper of general circulation in the town, with the date of publication to be not more than 15 days nor less than five days prior to the date set for hearing. All costs of publication shall be borne by the applicant or petitioner(s), which costs shall be in addition to any application fees hereunder.
(2) Posting. Notice of public hearing on any application for a planned development permit or variance permit, or upon an amendment to the zoning map, shall be posted in two conspicuous places upon the property for which such permit or amendment is sought, not less than five days prior to the hearing thereon, and affidavit of posting filed with the town clerk. It shall be the obligation of the applicant for such permit or the petitioner for amendment to post the property or assure that posting is completed as required hereunder, and affidavit of posting filed with the town.
(3) Mailing. Notice of public hearing shall be mailed to all property owners within a 300-foot radius of the subject property in the event of hearing upon an application for variance or planned development permit. Notice of public hearing shall be mailed to all property owners within an area for which amendment to the zoning map is sought, in the event of hearing on a petition to amend the zoning map. It shall be the obligation of the applicant or petitioner(s) to supply the town clerk with the names and addresses of all property owners to whom notice of hearing must be mailed, which information shall be included with or attached to the application for permit or amendment. The administrator shall also mail a copy of the application or petition and a copy of the notice of hearing to all relevant resource agencies and to the Okanogan County planner, and shall assure that all town departments receive copies of the same for their review and comment. (Ord. 620 § 10(11), 2010)
18.50.120 Appeals.
(1) Administrator Decisions. Appeals from a decision of the administrator, including but not limited to decisions on administrative permits, statements of nonconforming status, compliance with mandatory performance or development standards, decisions regarding off-street parking requirements, or interpretations of this title or any provision hereof, or any other action within the purview of the administrator pursuant to this title, shall be to the town council. Written notice of such appeal shall be filed with the town clerk within five regular town business days from issuance of the written decision of the administrator being appealed, and shall identify the action being appealed and the principal points upon which the appeal is based. The town council at its next regular meeting shall set a date for public hearing on the appeal, and shall cause notice of such hearing to be given as required by this title. The town council shall hear the appeal upon the record made by the administrator and any additional evidence or testimony presented in the public hearing. The town council may continue a hearing on an appeal to a time and date certain. The town council shall issue its written decision on an appeal within 21 days of conclusion of the hearing thereon, which written decision shall be accompanied by findings of fact and conclusions on which such decision is based.
(2) Decisions of the Town Council. Appeals from a decision of the town council granting or denying any use, permit or appeal hereunder shall be to the superior court of Okanogan County, Washington. Appeals of such action of the town council shall be brought within 21 calendar days of the final decision of the town council.
(3) Decision of the Board of Adjustment. Appeals from a decision of the board of adjustment, including decisions on variances, conditional use permits or nonconforming use or structure variances, shall be to the town council. Appeals of any decision of the board of adjustment shall be brought within 30 calendar days of issuance of the written decision. (Ord. 620 § 10(12), 2010)
18.50.130 Enforcement.
No structure, lot, or area of land shall hereafter be used or occupied and no structure or part thereof shall be erected, moved, reconstructed, extended, enlarged, or altered except in compliance with the provisions of this title.
(1) Civil Enforcement.
(a) Action. The town attorney, when authorized by the mayor, shall bring such injunctive, declaratory, or other actions as are necessary to ensure that no uses are made or structures are constructed within the town of Twisp in conflict with the provisions of this title, and to otherwise enforce the provisions hereof.
(b) Noncompliance. Any person who fails to conform to the terms of a permit or decision issued under this title or who undertakes a development or use within the town of Twisp in violation of the provisions of this title shall be subject to a civil penalty in an amount not less than $100.00 nor more than $250.00 for each violation. Each permit violation and each day of use or continued development in violation of this title shall constitute a separate violation.
(c) Notice of Penalty. The penalty provided for in this section shall be imposed by a notice in writing, served upon the person incurring the same either by mailing certified mail, return receipt requested, or by personal service. The notice shall include the “content of order” specified in subsection (1)(e) of this section.
(d) Remission or Mitigation. Within 30 days after receipt of notice, the person incurring the penalty may apply in writing to the town of Twisp for remission or mitigation of such penalty. Upon receipt of the application, the town shall set a date to hear the applicant, and may remit or mitigate the penalty only upon a demonstration of extraordinary circumstances, such as the presence of information or factors not considered in setting the original penalty. Any penalty imposed pursuant to this section by the town shall be subject to review by the town council.
(e) Regulatory Order. The content of order under this section shall set forth and contain the following:
(i) A description of the specific nature, location, extent, and time of the violation and the damage or potential damage (if relevant); and
(ii) A notice that the violation or the potential violation cease and desist or, in appropriate cases, the specific corrective action to be taken within a given time. A civil penalty under this section may be served with the order and the same shall specify a date certain or schedule by which payment shall be complete.
(f) Effective Date. The cease and desist order issued under subsection (1)(e) of this section shall become effective immediately upon receipt by the person to whom the order is directed.
(g) Compliance. Failure to comply with a cease and desist order can result in enforcement actions including but not limited to the issuance of civil penalties or additional penalties.
(2) Delinquent Permit Penalty. Persons applying for a permit after commencement of a use or activity for which such permit is required shall be required to pay a delinquent permit penalty not to exceed three times the appropriate permit fee for the required permit. Delinquent permit penalties shall be paid in full prior to resuming the use, activity or development.
(3) Denial of Development or Other Permits. No building permit, side sewer permit, or other development permit shall be issued for any parcel of land used or developed in violation of this title. All purchasers or transferees of the property shall comply with the provisions of this title, and any such purchaser or transferee may recover his/her damages from any seller or transferor selling, transferring, or leasing his/her land in violation of this title, including any amount reasonably spent as a result of inability to obtain such development permit and/or spent to conform to the requirements of this title, as well as reasonable attorney fees and costs of suit occasioned thereby. Such purchaser or transferee may, as an alternative to conforming his/her property to these requirements, rescind the sale or transfer and recover costs of investigation and reasonable attorney fees incurred from the violator. (Ord. 620 § 10(13), 2010)