Chapter 12.38
PROCESS FOR ADOPTING HEALTH CODE ORDINANCES
Sections:
12.38.020 Initiation of review of new regulations or amendments to SCC Title 12.
12.38.040 Public notification requirements.
12.38.050 Review by Board of Health.
12.38.010 Definitions.
“Board” means Skagit County Board of Health.
“Committee” means a Citizens Advisory Committee or Technical Advisory Committee.
“Department” means Skagit County Public Health Department. (Ord. O20080008 (part))
12.38.020 Initiation of review of new regulations or amendments to SCC Title 12.
The Department or the Board may initiate the review process for proposals to adopt or amend public health ordinances. Board-initiated proposals shall be forwarded to the Department for review as described below. Department-initiated proposals may be submitted to the Board at any time along with a recommendation for further review. Within thirty (30) days from the Board’s receipt of a Department proposal, the Board shall consider the Department proposal at a public meeting and, when appropriate, direct the Department to initiate review of the proposal. A decision by the Board to initiate the review process is procedural and does not constitute a decision by the Board as to whether any regulation or amendment will be adopted. (Ord. O20080008 (part))
12.38.030 Public participation requirements – Citizen Advisory Committees and Technical Advisory Committees.
(1) The Board may establish, by resolution, one (1) or more committees, as appropriate, to assist the Department in its review of proposed public health ordinances and amendments.
(2) The Board shall seek to have a variety of interests represented on a committee. The Board may establish a procedure for taking applications and selecting membership to a committee, including establishing a term of service and a method for reappointment or replacement of members. The Board may also establish, by resolution, rules of procedure and time frames for any recommendations by a committee to the Department.
(3) Committee members shall comply with the requirements of Chapter 42.30 RCW, Open Public Meetings Act. All meetings of a committee shall be open to the public and held at a location and time that promotes public participation. The committee shall establish and publish a schedule of meeting days, times and locations for committee and subcommittee meetings.
(4) A Department or other staff person will be assigned to each committee to provide staff support and to prepare minutes for each public meeting. A copy of all minutes shall be maintained at the Department.
(5) When deemed necessary by the Board, a committee may be disbanded or replaced. Requests to disband or replace a committee shall be presented to the Board. When the Board elects to consider such a request, it will take public comment on the matter. Should the Board determine that a new committee would be appropriate, it may authorize dissolution or replacement by resolution.
(6) Exemptions. The Board need not form a committee, even if it would be useful to do so, when:
(a) It reasonably appears that time constraints imposed by legal requirements cannot be met if a committee is established and utilized as provided above, or
(b) The proposal relates to fee schedules. (Ord. O20080008 (part))
12.38.040 Public notification requirements.
(1) Public Notification—General Legislative Proposals. Where public notice is required by this Chapter, information regarding any proposal shall be broadly disseminated to the public using one (1) or more of the following methods as determined to be appropriate for the specific proposal by the Health Officer or Board:
(a) Publishing a paid public notice sufficient to inform the public of the nature of the proposal, the date and time of any public hearing, the appropriate contact name and number, and the availability of relevant draft documents;
(b) Distributing a press release to a newspaper of general circulation or radio station in the County, city, or general area where the proposal is located or that will be affected by the proposal;
(c) Notifying individuals or groups with known interest in the type of proposal being considered, or who have requested to be notified in relation to a specific legislative proposal. The Department may charge a subscription fee for the administration of mailing lists of persons or groups requesting to be notified in writing, when such notification has also been published in a newspaper of general circulation;
(d) Placing notices in appropriate regional, neighborhood, ethnic, or trade journals; and
(e) Direct mailing to owners of affected properties. (Ord. O20080008 (part))
12.38.050 Review by Board of Health.
(1) After completion of any review by a committee, the Department shall prepare a staff report on the proposal. The staff report shall, as appropriate:
(a) Evaluate the proposal’s consistency with County plans and regulations;
(b) Provide findings, conclusions and proposed recommendations for disposition of the proposal;
(c) Summarize the comments and recommendations of any committee;
(d) Summarize the comments of County departments, affected agencies and special districts; and
(e) Include the committee’s report and recommendations as an attachment.
The staff report, together with a draft of the recommended proposal, shall be available to the public at least twenty-one (21) calendar days before a public hearing on the proposed regulation.
(2) Upon receipt of the staff report, the Board shall, at its next regular public meeting, set the date for a public meeting where it will consider the staff report and the committee’s recommendations as part of their deliberation prior to acting on the proposal.
(3) The Board shall hold at least one (1) public hearing on a proposed or amended regulation or regulation, and may hold more than one (1) hearing, if deemed necessary.
(4) Notice of the public hearing shall indicate the time, place and purpose of the public hearing, and shall be published in the official newspaper of the County:
(a) At least thirty (30) days prior to the hearing for a proposal relating to water resources; or
(b) At least twenty-one (21) days prior to the hearing for all other health ordinances.
(5) If, after consideration of public comments and its deliberation on the proposal, the Board considers adoption of a regulation or amendment that is substantially different from the proposal considered by a committee and/or the Department, the Board shall provide an opportunity for additional Department review and public comment. Such additional comment shall be considered before the Board makes its decision, unless time restraints imposed by legal requirements prevent such additional comment period. In that case, the findings of the Board shall clearly state that the adopted ordinance has changed from the proposal considered by the committee and/or the Department. An additional opportunity for public comment is not required when:
(a) An environmental impact statement (EIS) has been prepared under Chapter 43.21C RCW for the pending resolution or ordinance and the proposed change is within the range of alternatives considered in the environmental impact statement;
(b) The proposed change is within the scope of the alternatives available for public comment;
(c) The proposed change only corrects typographical errors, corrects cross-references, makes address or name changes, or clarifies language of a proposed ordinance or resolution without changing its effect; or
(d) The proposed change is to prevent an imminent public health hazard as determined by the Skagit County Health Officer. (Ord. O20080008 (part))