Chapter 18.30
GENERAL ADMINISTRATION
Sections:
18.30.010 Authority.
18.30.020 Repeal/savings.
18.30.030 Severability and validity.
18.30.040 Scope and compliance.
18.30.050 Consistency with comprehensive plan, development regulations and State Environmental Policy Act.
18.30.060 Conflict of provisions.
18.30.070 Responsibility and authority.
18.30.080 Official records.
18.30.090 Burden of proof.
18.30.100 Forms and supportive documentation.
18.30.110 Fees.
18.30.120 Security mechanisms.
18.30.130 Enforcement.
18.30.010 Authority.
This title is adopted by city of Edgewood Ordinance No. 03-0203 pursuant to Chapter 36.70A RCW et seq. (Planning Enabling Act). (Ord. 03-203 § 1).
18.30.020 Repeal/savings.
Chapter 17.10 EMC, Planning and Development, and EMC Title 18, the city of Edgewood interim development standards, zoning code, is hereby repealed in its entirety and replaced with this title; provided, that such repeal shall not affect the validity of any permit lawfully issued thereunder nor any pending enforcement action. (Ord. 03-203 § 1).
18.30.030 Severability and validity.
The sections, paragraphs, sentences, clauses, and phrases of this title are severable. If any section, paragraph, sentence, clause, or phrase is declared unconstitutional or otherwise invalid by any court of competent jurisdiction in a valid judgment or decree, such unconstitutionality or invalidity shall not affect any of the remaining sections, paragraphs, sentences, clauses, or phrases of this title, which shall continue in full force and effect. Further, if any section, paragraph, sentence, clause, or phrase of this title is adjudged invalid or unconstitutional as applied to a particular property, use, building, or other structure, the application of said portion of this title to other property, uses, buildings, or structures shall not be affected. (Ord. 03-203 § 1).
18.30.040 Scope and compliance.
The provisions of this title shall apply to all incorporated areas of the city of Edgewood, Washington. A parcel of land or water area may be used, developed by land division or otherwise, and a structure may be used or developed by construction, reconstruction, alteration, occupancy or otherwise only as this title permits. Each development shall comply with the applicable standards set forth in this title. The requirements of this title apply to the property owner, the person undertaking a development, the user of a development, and any successors in interest. (Ord. 03-203 § 1).
18.30.050 Consistency with comprehensive plan, development regulations and State Environmental Policy Act.
A. When the city receives a project permit application, consistency between the proposed project and the applicable regulations and comprehensive plan will be considered using the process set forth in this title and EMC Title 20, SEPA. During project permit application review, the city shall determine whether the proposed project complies with applicable development regulations. In the absence of applicable development regulations, the city shall determine whether the proposed project is consistent with the comprehensive plan. This determination of consistency shall include the following:
1. The type of land uses permitted at the site, including uses that may be allowed under certain circumstances, if the criteria for their approval are satisfied;
2. The level of development, such as the number of units per acre, density of residential development in urban growth areas, or other measures of density;
3. Availability and adequacy of infrastructure, including public facilities and services identified in the comprehensive plan, if the plan or development regulations provide for funding of these facilities as required by RCW 36.70A.120; and
4. Characteristics of the development, as provided in this title. In deciding whether a project is consistent, the determinations made pursuant to this section shall be controlling. The determination of consistency shall not prohibit the city from denying, conditioning, or mitigating impacts due to other aspects of the project.
B. Initial SEPA Analysis. The city shall also review the project permit application under the requirements of the State Environmental Policy Act (SEPA) and EMC Title 20, SEPA. (Ord. 03-203 § 1).
18.30.060 Conflict of provisions.
The standards, procedures and requirements of this chapter are the minimum necessary to promote the health, safety, and welfare of the residents of the city. The city is free to adopt more rigorous or different standards, procedures and requirements whenever this becomes necessary. If the provisions of this chapter conflict or overlap one with another, or if a provision of this chapter conflicts or overlaps with the provision of another ordinance of the city, the most restrictive provision or the provision imposing the highest standard prevails. (Ord. 03-203 § 1).
18.30.070 Responsibility and authority.
A. The city manager or designee is charged with the responsibility of carrying out the provisions of this title.
B. The city manager or designee is authorized and empowered to make administrative decisions and determinations pursuant to EMC 18.50.020, Administrative interpretations.
C. The city manager or designee is authorized to revoke any permit issued to the permit holder who fails to comply with this code or conditions of the permit approval, or if there was a permit issued in error or based on false or misleading information. (Ord. 03-203 § 1).
18.30.080 Official records.
A. The city manager or designee is charged with the responsibility of compiling and maintaining an official file on each application or petition submitted under this title, consisting of the following, if applicable:
1. Application or petition materials submitted by the applicant or appellant.
2. Staff reports.
3. Written testimony received.
4. Record of any public hearing held.
5. Written decision of the granting authority.
6. Other information relevant as judged by the staff member assigned to the project.
B. The official file is a public record which shall be maintained and made available for public inspection consistent with the city's retention schedule and laws governing public disclosure. Availability may be temporarily disrupted prior to or during public hearings while staff is preparing for the hearing. (Ord. 03-203 § 1).
18.30.090 Burden of proof.
Except for Process V, legislative actions, the burden of proof is upon the proponent. The greater the impact of the proposal to the area, the greater the burden upon the proponent. The proposal shall not be approved unless the applicant has provided evidence demonstrating that the proposal conforms to the applicable elements of the comprehensive plan and provisions of this title, especially the specific criteria set forth for the particular type of decision under consideration. (Ord. 03-203 § 1).
18.30.100 Forms and supportive documentation.
The city manager or designee is charged with the responsibility of creating and developing administrative guidelines, applications, maps, charts, reference materials, forms, brochures, handouts and other tools to aid the public, applicants, staff, and decision-makers in interpreting and administering this title. (Ord. 03-203 § 1).
18.30.110 Fees.
A. The city manager or designee is charged with the responsibility of collecting appropriate fees charged to applicants for any permits or discretionary approval processes provided for in this title. The amount of the fees charged shall be as established by resolution or ordinance of the city council filed in the office of the city clerk and may be, from time to time, changed without amendment to this title.
B. Fees shall be paid upon submission of a signed application or petition for appeal, or as otherwise provided by any fee ordinance or resolution adopted by the city council. In the event the resolution or ordinance does not clearly establish a fee for the application or petition, then the city manager or designee shall charge the applicant or petitioner based on the hourly rates established for the appropriate staff member. A department of the city of Edgewood shall not be required to pay application fees when applying for a permit regulated under this title. Where such an application will require substantial review time or expenditures, the city manager may, at the city manager's sole discretion, direct that the department initiating the permit request to reimburse the community development department for some or all of costs expended for the application review.
C. Work without an Application.
1. Whenever any work for which an application and/or project permit is required by this code has commenced without first obtaining approval of said application, a special investigation fee shall be assessed before a permit may be issued for such work.
2. An investigation fee, in addition to the application or permit fee, shall be collected whether or not an application is then subsequently issued. The investigation fee shall be equal to the amount of the application fee required by this code. The minimum investigation fee shall be the same as the minimum fee set forth in the adopted fee schedule. The payment of such investigation fee shall not exempt any person from compliance with all other provisions of this code nor from penalties prescribed by law.
D. The city manager or designee may authorize a full or partial refund when an application is withdrawn, based on the estimated expenditure of staff resources at the time of withdrawal. (Ord. 03-203 § 1).
18.30.120 Security mechanisms.
A. The purpose of this section is to provide the city with financial mechanisms to ensure that conditions, requirements and all applicable provisions of this title associated with permit approvals are met. The city may require a cash guarantee, letter of credit or the posting of a performance, completion, or maintenance bond, or its equivalent, with the city to ensure the subsequent completion and continued maintenance of all permit conditions. Permits for single-family residences, except related stormwater facility or road improvements, are exempt from this requirement.
B. Bonding.
1. A surety bond or equivalent shall be in a form acceptable to the city and shall represent a percentage of the estimated cost of design, materials, and labor related to the project in question, based on the estimated costs on the last day covered by the device, of installing, replacing, or repairing, as appropriate, the improvements covered by the security, as agreed to by the city manager or designee.
a. Performance and/or completion bond: 125 percent of the costs specified above, for the duration specified by the city, or until all improvements are installed and accepted by the city, whichever is less.
b. Maintenance bond: 20 percent of the costs specified above, for the duration specified by the city, or until the city is satisfied that maintenance shall continue, whichever is less. However, the bond or equivalent shall be extended if repairs are made at the end of the bonding period which, in the opinion of the city manager or designee, require additional guarantee of workmanship.
2. The surety bond or equivalent, if required, may be presented to the city after preliminary approval of a project, but in all circumstances shall be presented prior to the issuance of a site development permit. The conditions of performance to which the bond is subject shall be listed on the permit attached thereto. No final certificate of occupancy, or other permit for which a bond is required, shall be issued until all such conditions are satisfied. All securities shall be held until released by the city manager or designee.
C. In each case where a security is posted, the applicant and the city manager or designee shall sign a notarized security agreement, approved in form by the city attorney. The agreement shall provide the following information:
1. A description of the work or improvements covered by the security.
2. Either the period of time covered by the maintenance security or the date after which the city will use the proceeds of the performance security to complete the required work or improvements.
3. The amount and nature of the security and the amount of any cash deposit.
4. The rights and duties of the city and applicant.
5. An irrevocable easement or other authority to allow the employees, agents, or contractors of the city to enter the subject property for the purpose of inspecting and, if necessary, performing the work or making the improvements covered by the security.
6. After the work or improvements covered by a performance security have been completed, or at the end of the time covered by a maintenance security, the applicant may request that the city release the security. If the applicant has complied with the security agreement and applicable permit conditions, the city manager or designee shall release the remaining security. If the work has not been completed or repairs not made, then the city shall not release the security until such work is completed. Partial release of the security may be allowed provided the developer provides a new security equal to 125 percent of the cost of the remaining work.
D. During the period of time covered by a maintenance security, or after the date by which the required work or improvements are to be completed under a performance security, if the city manager or designee determines that the security agreement has not been complied with, the city shall so notify the applicant. The notice must state:
1. Work or improvements that must be completed to comply with the security agreement; and
2. Amount of time that the applicant has to commence and complete the required work or improvements; and
3. If not commenced and completed within the time specified, the city will use the proceeds of the security to complete the work or improvements.
E. If the work or improvements covered by the security are not completed within the time specified in the notice, the city shall obtain the proceeds of the security and cause such work to be completed.
F. The applicant shall be responsible for all costs incurred by the city in administering, maintaining, or making the improvements covered by the security. The city shall release or refund the balance of the remaining security after subtracting all costs for completing the work. The applicant shall reimburse the city for any amount expended by the city that exceeds the proceeds of the security. The city may file a lien against the subject property for the amount of any excess.
G. In each case where the city uses any of the funds of a security, it shall give the applicant an itemized statement of all funds used. (Ord. 03-203 § 1).
18.30.130 Enforcement.
A. The code enforcement officer/building inspector shall administer the requirements of this chapter so as to protect the public and minimize deficiencies that endanger health and safety. The appropriate use of enforcement power, including prosecution, is important, both to secure compliance with the law and to ensure that those who have duties under it may be held to account for failures to safeguard health, safety and welfare.
B. Revocation of Approval/Permits.
1. Any conditions or requirements placed upon a development approval/permit by the city manager or designee or decision-making body as a result of the provisions of this title shall be strictly followed. In the event that the permit holder, or assignee, fails to comply with any such conditions, the underlying development permit may be revoked or modified as set forth below.
2. If after an investigation, the city manager or designee determines that one or more conditions of a permit are not being met, notice shall be mailed to the permit holder or agent by regular mail advising them of the deficiency and requiring that the deficiency be remedied within 14 days from the date the notice is mailed or such other period as the city manager or designee may deem appropriate.
3. If the permit holder or agent fails to remedy the deficiency within this time period, the city manager or designee shall mail notice to the permit holder or agent advising the intent to revoke the development permit. Such notice shall state that to avoid such action the permittee must request, in writing, a hearing before the hearing examiner and then appear and show cause why his permit should not be revoked. Such a hearing request must be filed within 14 days of the date of the notice of intent to revoke. The hearing examiner may (a) uphold the permit should it be determined that all conditions have been met or no longer need to be met; (b) modify or add conditions to the permit; or (c) revoke the permit. If the permit holder fails to file a timely request for hearing, then the city manager or designee shall send a notice advising that the development permit has been revoked and that any further action thereon will be in violation of city of Edgewood development regulations.
4. The provisions of EMC 18.40.040, Coordination of development permit procedures, shall apply to all development permits issued prior to and after the date of adoption of this code.
C. Violations.
1. It is a violation of this title to:
a. Initiate or maintain the use of any structure, land, sign, vegetation or property within the city without first obtaining the permits or authorizations required for the use by this title.
b. Use, construct, locate, or demolish any structure, land, sign, vegetation or property within the city in any manner that is not permitted by the terms of any permit or authorization issued pursuant to this title; provided, that the terms or conditions are explicitly stated on the permit or the approved plans.
c. Remove or deface any sign, notice, complaint or order required by or posted in accordance with this title or EMC 18.90.160, Signs.
d. Misrepresent any material fact in any application, plans or other information submitted to obtain any land use authorization.
e. Fail to comply with the requirements of this title.
2. In addition to any other sanction, penalty, or any remedial, judicial or administrative procedure available under the city code or state law, violation of any provision of this chapter or failure to comply with a decision of the responsible official, hearing examiner or city council issued pursuant to this chapter, constitutes a civil infraction (a violation of a city ordinance). Civil infractions are not crimes, and the only penalty for a civil infraction is a monetary fine. The fines are as defined below:
a. Each day or portion thereof during which a violation occurs or exists shall be deemed a separate civil infraction. A person found to have committed a civil infraction shall be assessed a monetary penalty of $250.00.
b. The court may consider dismissing with costs only upon a showing that the violation was corrected within 30 days.
c. Whenever a court under this chapter imposes a monetary penalty, it is immediately payable. If the person is unable to pay at that time, the court may grant an extension. If the penalty is not paid on or before the time established for payment, the court may proceed to collect the penalty in the same manner as other civil judgments and may notify the prosecuting attorney of the failure to pay.
d. Payment of a monetary penalty or performance of the required community service shall not relieve a person of the duty to correct the violation.
e. The court may also order a person found to have committed a civil infraction to make restitution.
3. Any person violating any provision of this title shall, in addition to the remedies, sanctions and penalties provided herein, promptly reimburse the city for any and all expenses incurred by the city in attempting to obtain the violator's compliance with applicable city regulations. Said expenses include, but are not limited to, administrative staff time, contractor fees, equipment rental charges, attorneys' fees, photocopying charges, legal costs, recording fees, mailing and postage charges, and vehicle mileage.
a. Reimbursement rates for administrative staff time, photocopying charges and vehicle mileage shall be as established in the city's adopted fee schedule and by internal city policy, and shall be subject to change without notice. A copy of said fee schedule and policy shall be made available upon request.
b. Reimbursement rates for postage charges, recording fees and filing expenses shall be at actual cost.
c. Reimbursement rates for city attorney fees shall be at the rate actually charged to the city by the city attorney, or at such other rate as may be determined reasonable by a court of competent jurisdiction.
d. Reimbursement rates for equipment rental and for any consultant or contractor retained by the city to assist in compliance monitoring, site analysis, abatement or other enforcement-related function shall be at the rate actually charged to the city therefor. (Ord. 03-217 § 1; Ord. 03-203 § 1).