Chapter 18.05
ENFORCEMENT

Sections:

Generally

18.05.010    Enforcement authority.

Periodic Review of Mineral Resource Sites

18.05.020    Purpose.

18.05.030    Intent.

18.05.040    Periodic review.

18.05.050    Notice of periodic review commencement.

18.05.060    Public notification.

18.05.070    Process and decision.

18.05.080    Periodic review criteria.

18.05.090    Notice of periodic review decision.

18.05.100    Administrative appeal.

18.05.110    Judicial appeal.

Generally

18.05.010 Enforcement authority.

It shall be the duty of the Building Official or his/her designee and the Planning Director/Manager, in cooperation with each other, to enforce this Code. The Building Official or his/her designee and the Planning Director/Manager may call upon the Police and other appropriate City officials or departments to assist in enforcing this Code. It is unlawful to violate any of the provisions of this Code and violators shall be punished in accordance with IMC 1.06.010. (Ord. 2108 § 5.1, 1996).

Periodic Review of Mineral Resource Sites

18.05.020 Purpose.

The periodic review process for M (Mineral Resource) zoned sites and those sites operating as legal nonconforming uses shall include sufficient public notice and comment opportunities. The purpose of the periodic review process is to provide opportunities for public review and comment on the mineral resource facility’s fulfillment of state and City regulations and implementation of industry standard best management practices, and for the City to modify, add or remove conditions to address new circumstances and/or unanticipated project-generated impacts. (Ord. 2233 § 8, 1999).

18.05.030 Intent.

The periodic review process is not intended to re-examine the appropriateness of the mineral resource use, or to consider expansion of operations beyond the scope of existing permitted operations since that review would be accomplished through the City’s permitting process. The periodic review is intended to be a part of the City’s ongoing enforcement and inspections of mineral resource sites, and not to be a part of the City’s permitting process. (Ord. 2233 § 8, 1999).

18.05.040 Periodic review.

Unless a more frequent review is required by the City for sites or operators having a history of code violations, periodic review of extractive and processing operations shall be provided as follows:

A.    All extractive operations shall be subject to a review of development and operating standards at five (5) year intervals;

B.    The periodic review shall be:

1.    Conducted by the Planning Director/Manager pursuant to the review process outlined in IMC 18.05.060; and

2.    Used to determine that the site is operating consistent with the most current standards and to establish other conditions as necessary to mitigate identifiable environmental impacts. (Ord. 2233 § 8, 1999).

18.05.050 Notice of periodic review commencement.

The City shall provide a written notice that periodic review of mineral resource operations is commencing to the public and the departments and agencies with jurisdiction as provided in this section.

A.    Notice of Periodic Review Timeline and Contents: The notice of periodic review shall explain the purpose and intent of the periodic review process, state the public and agency comment period, which shall not be less than twenty-one (21) days following the date of the notice of periodic review, state the right of any person to comment on the periodic review, request a copy of the periodic review decision once made, and any appeal rights, and provide any other information determined appropriate by the City.

B.    The City shall use reasonable methods, as listed in the public notification section of this chapter, to give notice of periodic review to the public and agencies with jurisdiction. (Ord. 2233 § 8, 1999).

18.05.060 Public notification.

A.    Purpose: The purpose of public notification is to provide opportunity for public participation in the periodic review process for mineral resource operations which may have impacts on the adjacent property owners or the surrounding community.

B.    Public Notice Requirements: The following notice types shall be provided for the different land use actions and levels of review listed below:

1.    Notice of Periodic Review Commencement: Parties of record; notification to adjacent property owners and property posting with a four (4) foot by eight (8) foot board.

2.    Notice of Decision: Parties of record, notification to adjacent property owners.

C.    Types of Public Notice: Noticing of periodic review to parties of record and adjacent property owners as well as property posting shall follow the regulations of IMC 18.04.180(C). (Ord. 2233 § 8, 1999).

18.05.070 Process and decision.

Periodic review is conducted administratively with solicited public input through notice to adjacent property owners. Requests for comment on mineral resource operations are routed to relevant/applicable City departments. Adjacent property owners are notified and given a twenty-one (21) day comment period. Comments of the public and City departments are addressed by the applicant prior to a written decision of the Planning Director/Manager. The written decision shall show facts, findings and conclusions supporting the decision and demonstrating compliance with the applicable decision criteria. (Ord. 2233 § 8, 1999).

18.05.080 Periodic review criteria.

Any revision of existing grading permit operating conditions shall be determined in accordance with IMC 18.05.030(B)(2) and the purpose and intent of this chapter. (Ord. 2233 § 8, 1999).

18.05.090 Notice of periodic review decision.

The Planning Director/Manager shall be responsible for mailing the notice of decision to the mineral resource operator and to any person who, prior to rendering the decision, requested notice of the decision or submitted substantive comments on the periodic review. (Ord. 2233 § 8, 1999).

18.05.100 Administrative appeal.

The final decision of the Planning Director/Manager regarding the periodic review process may be appealed by a party of record with standing. An administrative appeal of the periodic review decision, combined with any environmental determinations, shall be filed within twenty-one (21) days of the issuance of the decision.

The City shall provide for no more than one (1) consolidated open hearing on such appeal before the Hearing Examiner. The time period shall not exceed ninety (90) days for an open record appeal hearing, and sixty (60) days for a closed record appeal. All of the parties to an appeal may agree to extend these time periods.

Any decision issued on administrative appeal by the Hearing Examiner shall be considered the City’s final decision. (Ord. 2233 § 8, 1999).

18.05.110 Judicial appeal.

Appeals of administrative appeals are heard as judicial appeals. After exhaustion of administrative appeals, the City’s final decision may be appealed by a party of record with standing to file a land use petition in King County Superior Court under Chapter 36.70C RCW (Judicial Review of Land Use Decisions). Such petition must be filed within twenty-one (21) days of issuance of the decision, as provided in Chapter 36.70C RCW. (Ord. 2233 § 8, 1999).