Chapter 22J.090


22J.090.010    Purpose.

22J.090.020    Definitions.

22J.090.030    Permitted locations.

22J.090.040    Public benefit and living wage incentive.

22J.090.050    Application and review process.

22J.090.060    Incentive.

22J.090.070    Annual reporting and penalties.

22J.090.080    Lien.

22J.090.090    Sunset.

22J.090.100    Severability.

22J.090.010 Purpose.

The purpose of this chapter is to establish a living wage incentive (LWI) program to promote the creation of living wage jobs in the light industrial (LI) zone of the city. The program is focused on economic growth and job creation by offering reduced impact fee and connection charges in exchange for the creation of living wage jobs. The city of Marysville prioritizes policies that support living wage jobs. (Ord. 2906 § 1, 2012).

22J.090.020 Definitions.

(1) “Living wage jobs” are defined as jobs generating not less than $18.00 per hour or greater working 2,080 hours per year.

(2) “Primary proposal” is defined as a proposed rezone, conditional use permit or industrial building permit, or if the industry is proposed in an existing industrial building, prior to issuance of a city business license. (Ord. 2906 § 1, 2012).

22J.090.030 Permitted locations.

The LWI program shall be utilized only in the light industrial (LI) zoning classification. (Ord. 2906 § 1, 2012).

22J.090.040 Public benefit and living wage incentive.

Public Benefit. The public benefit of living wage jobs are that they provide for the earner’s basic costs of living without the need for government support or poverty programs. Basic costs include provision of food, housing and utilities, child care, health care, household expenses, taxes, and some savings. Creation of new jobs/living wage jobs in Marysville also supports the local economy and fosters local commerce, sales tax revenue and economic growth. (Ord. 2906 § 1, 2012).

22J.090.050 Application and review process.

(1) Application. All LWI proposals shall be submitted to the department of community development on application forms provided by the city concurrent with any primary proposal, together with a $200.00 processing fee.

(2) All LWI proposals shall be reviewed concurrently with a primary proposal as follows by supplying documentation demonstrating all of the following:

(a) Industry’s long-term need for position;

(b) Pay scale;

(c) Need for number of positions that LWI is being applied for;

(d) When the primary proposal requires a public hearing, the public hearing on the primary proposal shall serve as the hearing on the LWI proposal;

(e) When the primary proposal does not require a public hearing under this title, the LWI proposal shall be subject to the procedures set forth for director review in MMC 22G.010.100;

(f) Such other and further information as the director deems necessary to fully and adequately evaluate the proposal. (Ord. 2906 § 1, 2012).

22J.090.060 Incentive.

(1) If an application is deemed to meet the criteria of MMC 22J.090.050, a qualified applicant may be eligible for a credit or adjustment to the traffic impact fee established in MMC Title 22D and MMC 14.07.010 as follows: for every five living wage jobs created, the city may consider a 10 percent credit per traffic impact fee and sewer and water capital improvement charge up to a maximum of 70 percent of each individual fee.

(2) In order that these not be a duplication of credit or adjustment already provided in other provisions of the city code, the city may reduce the credit or adjustment based on the value of any dedication of land for, improvement to, and new construction of system improvements provided by the developer and also special circumstances applying to the subject proposal for which a credit or adjustment has already been allowed under MMC 22D.020.070 or 14.07.010 by supplying documentation. (Ord. 2906 § 1, 2012).

22J.090.070 Annual reporting and penalties.

(1) Each industry that qualifies and receives the LWI will be required to submit annual payroll reports to the city which demonstrate the perpetuation of all living wage jobs for which the industry received a credit.

(2) Three years from the date of approval of the credit or adjustment of the fees provided for herein, the applicant shall provide all required data to the city to determine the net gain or loss of living wage jobs compared to the number which were utilized to calculate the credit or adjustment to fees. If the number of living wage jobs created at the end of the three-year period is the same or greater than the number used to calculate the credit or adjustment, the original credit or adjustment shall be deemed finally approved and confirmed. Any decrease in living wage jobs which the applicant received credit for will result in a proportionate reduction of the credit and repayment to the city for the loss of public benefit. (Ord. 2906 § 1, 2012).

22J.090.080 Lien.

(1) The total amount of the traffic impact fee and sewer and water capital improvement fee credits authorized in MMC 22J.090.060 shall constitute a lien against the real property which is the subject of the development proposal. Said lien shall secure repayment for the loss of living wage jobs and a reduction of the previously allowed credit as described in MMC 22J.090.070. The lien for impact fees shall:

(a) Be in a form approved by the city attorney; and

(b) Include the legal description, tax account number and address of the property.

(2) Upon receipt of final repayment of all fees for the development, the department shall execute a separate lien release for the property in a form approved by the city attorney. The property owner, at their expense, will be responsible for recording each lien release.

(3) In the event that the fees are not repaid in accordance with MMC 22J.090.070, the city shall institute foreclosure proceedings under the process set forth in Chapter 61.12 RCW. In addition to any unpaid fees, the city shall be entitled to interest on the unpaid fees at the rate provided for in RCW 19.52.020 and the reasonable attorney fees and costs incurred by the city in the foreclosure process. Notwithstanding the foregoing, prior to commencement of foreclosure, the city shall give not less than 30 days’ written notice to the person or entity whose name appears on the assessment rolls of the county assessor as owner of the property via certified mail with return receipt requested and regular mail advising of its intent to commence foreclosure proceedings. If the fees are paid in full to the city within the 30-day notice period, no attorney fees, costs and interest will be owed.

(4) In the event that the fees are not paid in accordance with this section, and in addition to foreclosure proceedings provided in subsection (3) of this section, the city may initiate any other action(s) legally available to collect such fees. (Ord. 2906 § 1, 2012).

22J.090.090 Sunset.

The ordinance codified in this chapter shall automatically be repealed without further action of the city council and shall be of no further force and effect three years from the effective date thereof. (Ord. 2906 § 1, 2012).

22J.090.100 Severability.

If any section, subsection, sentence, clause, phrase, or word of the ordinance codified in this chapter should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality thereof shall not affect the validity or constitutionality of any other section, subsection, sentence, clause, phrase, or word of the ordinance codified in this chapter. (Ord. 2906 § 1, 2012).