Chapter 18.12 PUBLIC NOTICE

Chapter 18.12
PUBLIC NOTICE

Sections:

18.12.010 Required public notice of application for Type II and III project permits.

18.12.020 Required public notice for shoreline master program permits.

18.12.010 Required public notice of application for Type II and III project permits.

A. The city shall provide public notice for all Type II and III project permit applications by posting the property and by publication in the city’s official newspaper.

1. Posting. Posting of the property for site specific proposals shall consist of one or more notice placards as follows:

a. A single notice placard shall be placed by the applicant:

i. At the midpoint of the site street frontage or as otherwise directed by the city for maximum visibility; and

ii. Where it is completely visible to pedestrians.

b. Additional notice placards may be required when:

i. The site does not abut a public road;

ii. A large site abuts more than one public road; or

iii. The administrator determines that additional notice boards are necessary to provide adequate public notice.

c. The notice shall be in place at least ten and not more than thirty (30) days prior to the date of hearing, or at least fifteen (15) days prior to the end of any required comment period; and shall be removed within fifteen (15) days after the end of the notice period. The notice shall be maintained in good condition and replaced by the applicant if necessary.

d. Removal of the notice placard prior to the end of the notice period may be cause for discontinuance of the administrator’s review until the notice placard is replaced and remains in place for the specified time period.

e. An affidavit of posting shall be submitted to the administrator by the applicant prior to the hearing or final comment date. If the affidavits are not filed as required, any scheduled hearing or date by which the public may comment on the application, will be postponed in order to allow compliance with this notice requirement.

2. Required Published Notice. Published notice shall include at least the project location, description, type of permit(s) required, comment period dates, and location where the complete application may be reviewed and shall be published in the city’s official newspaper.

(Ord. 98-568 § 3.1, 1998)

18.12.020 Required public notice for shoreline master program permits.

Notice of the application for a permit and notice of public hearing under the purview of the city’s shoreline master program shall be given in accordance with Chapter 7.09 of the shoreline master program, as it exists or is hereafter amended. (Ord. 98-568 § 3.2, 1998)

18.12.030 Optional public notice.

As optional methods of providing public notice of any project permits, the city may:

A. Notify the public or private groups with known interest in a certain proposal or in the type of proposal being considered;

B. Notify the news media;

C. Place notice in appropriate regional or neighborhood newspapers, newsletters, or trade journals;

D. Publish notice in agency newsletters or sending notice to agency mailing lists, either general lists for specific proposals or subject areas; and

E. Mail to neighboring property owners.

The city’s failure to provide the optional notice as described herein shall not be grounds for invalidation of any permit decision. (Ord. 98-568 § 3.3, 1998)

18.12.040 Notice of public hearing.

A. Content of Notice of Public Hearing. The notice given of public hearing required in this chapter shall contain:

1. The name and address of the applicant or the applicant’s representative;

2. Description of the affected property, which may be in the form of either vicinity location or written description, other than a legal description;

3. The date, time and place of the hearing;

4. A description of the subject property reasonably sufficient to inform the public of its location;

5. The nature of the proposed use or development;

6. A statement that all interested persons may appear and provide testimony and a description of how a person may achieve “standing” as a party of record;

7. The sections of the code that are pertinent to the hearing procedure;

8. When information may be examined, and when and how written comments to the hearing body may be admitted;

9. The name of a local government representative to contact and the telephone number where additional information may be obtained;

10. That a copy of the application, all documents and evidence relied upon by the applicant and applicable criteria are available for inspection; and

11. That a copy of the staff report will be available for inspection and purchase at least seven days prior to the hearing.

B. Mailed Notice. Mailed notice of the public hearing shall be provided as follows:

1. Type I Project Permits. Generally, no public notice is required because no public hearing is held. Exceptions include, but are not limited to local appeals of all Type I project permits and permits processed under the city’s shoreline master program.

2. Type II and III Project Permits. The notice of public hearing shall be mailed to:

a. The applicant;

b. All owners of property within three hundred (300) feet of the subject property; and

c. Any persons or organizations with a known interest in the proposal or who have requested such notice.

3. Type IV Actions. For Type IV legislative actions, the city shall publish notice as described in subsections A and C of this section, and provide any other notice required by RCW 35.

4. General Procedure for Mailed Notice of Public Hearing.

a. The records of the Okanogan County assessor’s office shall be used for determining the property owner(s) of record. Addresses for a mailed notice required by this code shall be obtained by the applicant from the applicable tax records. The administrator shall issue a sworn certificate of mailing to all persons entitled to notice under this chapter. The administrator may provide notice to other persons than those required to receive notice under the code.

b. All public notices shall be deemed to have been provided or received on the date the notice is deposited in the mail or personally delivered, whichever occurs first.

C. Procedure for Posted or Published Notice of Public Hearing.

1. Posted notice of the public hearing is required for all Type III project permit applications. The posted notice shall be posted as required by Section 18.12.010(A) of this chapter.

2. Published notice is required for all Type II and III procedures. The published notice shall be published in the city’s official newspaper.

D. Time and Cost of Notice of Public Hearing.

1. Notice shall be mailed, posted and first published not less than ten nor more than thirty (30) days prior to the hearing date. Any posted notice shall be removed by the applicant within fifteen (15) days following the public hearing.

2. All costs associated with the public notice shall be borne by the applicant.

(Ord. 98-568 § 3.4, 1998)