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HomeMy WebLinkAbout10/23/02 AGENDAFILE 239 4th Street · Bremerton, WA 98337 · Phone (360) 478-5280 · Fax (360) 478-5251 CITY COUNCIL MEETING AGENDA OCTOBER 23, 2002 5. 6, 7. 8. PRE-COUNCIL STUDY SESSION: 5:00 - 5:30 P.M. A. General Council Business CALL TO ORDER: 5:30 P.M. A. Pledge of Allegiance B. Invocation CONSENT AGENDA A. Minutes of Meeting - October 9, 2002 (#AB02-194) CLAIMS/CHECK REGISTERS COUNCIL MEMBER REPORTS MAYOR'S REPORT PUBLIC RECOGNITION - Comments limited to 3-minutes NEW BUSINESS A. Re-Appointment of Nick Garguile, Sr., Douglas Groneman, and Susan Bell to the Parks and Recreation Commission; and Appointment of Steve Corda to the Parks and Recreation Commission (#AB02-195) B. Contract with Washington State Department of Community, Trade, and Economic Development for Boardwalk Repairs (#AB02-196) C. Phase II Design Agreement Modification #1 between the City of Bremerton and OPUS Northwest, LLC (#AB02-197) Do Agreement between the City of Bremerton, Bremerton Housing Authority, Bremerton School District, and Bainbridge Architects regarding Anderson Cove Master Plan and Urban Design Study (#AB02-198) PUBLIC HEARINGS - ORDINANCES A. Ordinance No. 4815 [Third Reading] Eepealing Ordinance Nos. 4771 and 4772 to bring City back into compliance with re, kluirement of the Growth Management Act /'/'~' (#AB02-191 ) B. Ordinance No. 4816 [Second Reading] Relating to 2003 - 2008 Six-Year ~-c~ Transportation Improvement Plan (#AB02-193) CONTINUED ON BACK .... E-mail: citycouncil@ci.bremerton.wa.us · Web: www. ci.bremerton.wa.us 10. PUBLIC HEARINGS - ORDINANCES (CONTINUED) C. Ordinance [First Reading] Regarding Amendments to BMC Chapter 21.02 Zoning Code to Provide for Senior Housing Projects (#AB02-199) D. Ordinance [First Reading] Relating to Insurance Requirements for Issuance of a Permit for Working within the City Right-of-Way (#AB02-200) E. Ordinance [First Reading] Creating BMC Chapter 1.04 Establishing a Framework for Code Enforcement (#AB02-201) F. Ordinance [First Reading] Relating to Penalties for Violations of City Building Code, Uniform Fire Code, Fire Sprinkler Code, Fire Alarm Code, and False Alarm Code (#AB02-202) G. Ordinance [First Reading] Relating to Enforcement of Violations of the Zoning Code (#AB02-203) H. Ordinance [First Reading] Relating to Removal of Nuisance Vegetation and the Enforcement of Code Violations Relating to Same (#AB02-204) I. Ordinance [First Reading] Relating to Enforcement of Violations Relating to Garbage and Refuse (#AB02-205) J. Ordinance [First Reading] Relating to Public Nuisances (#AB02-206) ADJOURNMENT OF MEETING CITY COUNCIL MEETING OCTOBER 23, 2002 SPEAKERS LIST If you wish to make an announcement, inform the Council of an issue, or ask a general question...Please provide information below so staff will be able to contact you. Thank you. NAME ADDRESS/TELEPHONE TOPIC 2. £ n3 7 3 7 z_ 7-~' ~oxor Cary Bozernan PROCLAMATION cbozeman@ci.bremerton.wa.us 239 4th S~eet Bremerton~ WA 98337 WHEREA& the City of Bremerton has long recognized the plight of low-income families and individuals in meeting their home energy needs; and, ~e'HEREA& Iow income households spend a disproportionate percentage of their annual incomes on home energy bills; and, WHEREA& the United States Department of Energy developed the Weatherization Assistance Program in 1976 as the federal government's cost-effective, permanent solution for reducing the heavy energy burden on low-income Americans; and, WHEREAS~ this Program not only saves energy through advanced technologies to improve the energy affordability for low-income families, but also saves lives and improves the health and safety of families by identifying carbon monoxide hazards, poor indoor air quality, mold, and other health threats; and, WHEREAS~ the Weatherization Assistance Program keeps jobs and dollars in local communities by operating through Kitsap Community Resources serving the City of Bremerton; Non/, THEREFORE, Be it Resolved that I, Cary Bozeman, Mayor of the City of Bremerton do hereby proclaim October 30, 2002 as: WEATHERIZATION DAY In the city of Bremerton, Kitsap County and encourage state and local weatherization professionals to deliver cost-effective, advanced technologies to increase energy savings in each home served, to leverage state, local and private resources to make each federal dollar work harder, and to heighten the awareness of energy efficiency in communities throughout the state. SIGNED this 23ra day of October, 2002. Cary Bozeman, Mayor APPENDIX PUBLTC EMPLOYMENT RELATIONS COMMISSION N'OTICE THE PUBLIC EMPLOYMENT RELATIONS COMMISSION, A STATE AGENCY, ~A~ HELD-A LEGAL PROCEEDING IN WHICH ALL PARTIES WERE ALLOWED TO PRESENT EVIDENCE AND ARGUMENT. THE COMMISSION HAS FOUND THAT WE HAVE COMMITTED UNFAIR LABOR PRACTICES IN VIOLATION OF A STATE COLT~.CTIVE BARGAINING LAW, AND HAS ORDERED US TO POST THIS NOTICE TO OUR EMPLOYEES: WE WILL NOT interfere'with, restrain or coerce employees in any manner in the free exercise of their rights guaranteed by 41.56 RCW.: WE WILL NOT discriminate against any employee in the free exercise of~their rights guaranteed by 41.56 RCW. WE WILL NOT assert any procedural defects, particularly contractual requirements regarding the time period when a contractual grievance can be filed, in the event that John Bogen files a grievance disputing the discipline enacted by the employer concerning his off-duty work for Kitsap Transit in 2001. DATED: CITY OF BREMERTON Authoriz%d Representa~ve THIS IS AN OFFICIAL NOTICE AND MUST NOT BE DEFACED BY ANYONE. This notice must remain posted for 60 consecutive days from the date of posting, and must not be altered, defaced, or covered by any other material. Questions concerning this notice or compliance with the order issued by the Commission may be directed to the Public Employment Relations Commission, 603 Evergreen Plaza Building, P. O. Box 40919, Olympia, Washington 98504-0919. Telephone: (360) 570-7300. AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: MINUTES OF MEETING - OCTOBER 9, 2002 2. CLEARANCES: (Comment on back if necessary) FOR AGENDA OF: OCTOBER 23, 2002 ORIGINATING DEPT: CITY COUNCIL ORIGINATOR: CAROL ARENDS, PRESIDENT DATE SUBMITTED: 0ClOB£R 16, 2002 3. EXHIBIT__S: ENDORSEMENT [--] MAYOR: INFORMATION APPROVED FOR SUBMITTAL BY COUNCIL PRESIDENT. ~ 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: 5. RECOMMENDATION: 7. NOTICE OF ACTION: PULLED ~] TABLED []]] COUNCIL DIRECTIVE: APPROVED [--] 6. RESPONSIBLE OFFICIAL: ENFORCEMENT OFFICIAL: EXPIRATION DATE: REVIEW DATE: DISAPPROVED ['~ AMENDED ~] DATE: AGENDA BILL NO.: 9. IMPACT OF NON-PASSAGE: 10. IMPACT ON STAFFING~ BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCEs;: 11. _RESEARCH SOURCES: TAPES #1853 & #1854 CITY COUNCIL MEETING MINUTES October 9, 2002 The weekly meeting of the City Council of the City of Bremerton was called to order in the City Council Chambers, 239 4~h Street, Bremerton, Washington, Wednesday, October 9, 2002, at 5:30 P.M., with Council President Carol Arends presiding. Council members present were Mike Short, Will Maupin, Mike Shepherd, Ed Rollman, Daren Nygren, Cecil McConnell, and Wayne Olsen. Council Member Eric Younger was absent. Also present were City Attorney Roger Lubovich; Deputy City Clerk Paula Johnston; and Council Liaison Lori Smith. The meeting opened with the Pledge of Allegiance led by Council Member Cecil McConnell., followed by the invocation provided by Chaplain Conrad Dodd of Kitsap Lake Baptist Church. CONSENT AGENDA A. Minutes of Meeting - September 25, 2002 (#AB02-180) B. Minutes of Meeting - October 2, 2002 (#AB02-181) C. COPS MORE 2002 Technology Grant Award (#AB02-182) #0022 M/S/C/U (McConnell/Olsen) Move to approve Consent Agenda as presented. CLAIMS/CHECK REGISTERS Vouchers audited and certified by the auditing officer as required by RCW 42.24.080, and those expense reimbursement claims certified as required by RCW 42.24.090 have been recorded on a listing that had been made available to the Council. #0065 M/S/C/U (McConnell/Maupin) On October 9, 2002 the Council approved payment for Check Numbers 275037 through 275188; 275189; 275190; 275218 through 275394 in the amount of $1,447,443.03 on the Master Check Register; Retiree Payroll for the pay period ending September 30, 2002 in the amount of $134,614.97; and Regular Payroll for the pay period ending September 30, 2002 in the amount of $1,082,702.33. COUNCIL MEMBER REPORTS Wayne Olsen noted that he attended the AWC Regional Meeting held at the Howard Johnson on Tuesday, October 8, 2002. Ed Rollman reported on his attendance at a Nuisance Committee meeting to discuss "Code Enforcement"; and commented on the Evergreen Park expansion which may eventually allow trails to be constructed leading from the park to the downtown area. Mike Shepherd provided a detailed report on the topics discussed at the AWC Regional Meeting held at the Howard Johnson on Tuesday, October 8, 2002; reported on the successful First Friday Art Walk event held last week, and again encouraged residents to shop within their community. Will Maupin was privileged to represent the City at the MIA/POW Remembrance Ceremony and Dinner; the American Public Transportation Association Conference in Las Vegas, NV; and the AWC Regional Meeting last night. Mike Short reported on his attendance at the KRCC Eolicy Board Retreat on September 24; and reported on the District 8 & 9 Neighborhood Meeting Held September 26. He thanked Police Chief Rob Forbes; Ron Kerns, Crime Prevention Specialist; and Detective Wendy Davis of the Bremerton Police Department for her presentation on "Crime Prevention & Block Watch Programs". He also wished his wife Patricia a "Happy Birthday". TAPES #1853 & #1854 City Council Reg. Mtg. Minutes October 9, 2002 Page 2 of 6 Carol Arends reported on her attendance at the Bremerton Symphony; and her planned attendance at the Puget Sound Regional Coordinating Council Policy Board meeting tomorrow in Seattle. MAYOR'S REPORT - There was no report by the Mayor this evening due to his attendance at a meeting of mayors from Bremerton, Bellingham, Everett, Bellevue, Spokane, Renton, and Yakima hosted by Mayor Greg Nickels of Seattle. Due to the absence of Mayor Cary Bozeman, Council President Arends read the following Proclamations on his behalf: · October 6- 12, 2002 was proclaimed as "Emergency Nurses Week"; and October 9, 2002 was proclaimed as "Emergency Nurses Day", which would be forwarded to Harrison Memorial Hospital. · October 6 through 12, 2002 was proclaimed as "Mental Illness Awareness Week" in Kitsap County, which was accepted by Myra Clodius from the National Alliance for the Mentally TII (NAM]') · October 17, 2002 was proclaimed as "International Credit Union Day"to recognize Kitsap Community Federal Credit Union, which was accepted by Scott Henderson from the Bremerton Branch of Kitsap Community Federal Credit Union. PUBLIC RECOGNITION Police Chief Rob Forbes was proud to announce the City of Bremerton Police Department had received accreditation from the Washington Association of Sheriffs and Police Chiefs and will be recognized at the next Association Conference to be held in Vancouver, Washington in November. Gordy Byrd discussed a project he has undertaken to collect 21,000 pencils for Bremerton schools. Roy McInnis announced that Sinclair Missionary Baptist Church would be celebrating their 59th anniversary at 3:00 P.M. on Sunday, October 27; and next year, for the 60th anniversary celebration, he was pleased to announce that the guest speaker would be the Reverend Doctor and President of the Northwest Baptist Convention, C.W. Andrews from Spokane, WA. Becky Lorber announced that the annual Halloween Ball will be held at Tucker's Restaurant located at Gold Mountain Golf Course on Saturday, October 26. Ms. Joyce announced a week without violence from October 20 to 26 to honor National Domestic Violence Month; and the Annual Unity Luncheon would be held at Mary Mac's Restaurant on October 23. Paul Drzewiecki from the Literacy Council, announced that Tony Ventrella of Channel 13 News will be at the Admiral Theater on Tuesday, October 29 to discuss his inspirational message. 8A - APPOINTMENT OF SHARON CROMLEY AS RESIDENT COMMISSIONER TO THE BREMERTON HOUSING AUTHORITY BOARD (#AB02-183): Sherril Huff-Menees, on behalf of the Mayor, pointed out that the term for the current Resident Commissioner on the Bremerton Housing Authority Board has expired. The attached applicatior[ is being recommended by Mayor Bozeman to fill the vacancy. Council approval is necessary for the appointment. Sharon Cromley thanked the Council for this opportunity. There were no comments from the public. #1105 M/S/C/U (Maupin/Olsen) Move to approve the Mayor's recommendation to appoint Sharon TAPES #1853 & #1854 City Council Reg. Mtg. Minutes October 9, 2002 Page 3 of 6 Cromley as Resident Commissioner to the Board of the Bremerton Housing Authority. 8B - BUDGET ADJUSTMENT NO. 2002-19 FOR GOLD MOUNTAIN GOLF COMPLEX (#AB02-t84): Jim Spencer, Parks & Recreation Director, summarized that this budget adjustment is required in order to accommodate the compensation requirements specified in the Professional Services Agreement with Scott Alexander and Daryl Matheny, which was previously approved on April 24, 2002. These requirements were dictated by Bond Council. The delay in preparing the accompanying budget adjustment was due to the uncertainty surrounding the restaurant performance. There were no comments from the public. #1165 M/S/C/U (Nygren/McConnell) Move to approve Budget Adjustment Request 2002-19. 8D - APPROVAL OF PERMANENT DEVELOPMENT MANAGER POSITION IN THE COMMUNITY DEVELOPMENT DEPARTMENT; AND BUDGET ADJUSTMENT NO. 2002-20 (#AB02-185): Chr!s Hu_~o, Director of Community Development, explained that the position that Jim Svensson has held as a temporary for the past year at 3/,-time is presented for Council approval as a new permanent position of Development Manager remaining at 3/,-time. Work load as a reflection of permit revenues increased 30% in 2002 and is anticipated to increase an additional 40% in 2003. There were no comments from the public. #1395 M/S/C/U (Shepherd/Olsen) Move to approve Development Manager position in the Community Development Department. #1415 M/S/C/U (Shepherd/Nygren) Move to approve Budget Adjustment Request No. 2002-20 to fund a permanent Development Manager position. 9A - PUBLIC HEARING REGARDING COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ALLOCATIONS FOR 2003 (#AB02-186): Paul Rogerson, Planning Manager with Community Development Department, established that on July 24, 2002, the City Council approved the 2003 CDBG Policy Plan, which included CDBG rules and regulation, as well as the allocation process. Funding availability was advertised and applications were accepted until August 22, 2002. The CDBG Advisory Committee (Roy Mclnnis, Tina Davis, and Ron Smith) reviewed the applications, conducted interviews, and individually rated each application. Attached are the funding recommendations from the CDBF Advisory Committee based on their scores. Further discussions were held on unexpended funds. Paul Drzewiecki representing the Literacy Council, stated that his organization applied for funds this year, but did not receive any funding. He requested that unexpended funds be allocated to the Literacy Council. Sarah Coyle, from the Max Hale Center, discussed their dire need for funding. Joanne Gower representing the Kitsap Sexual Assault Center, thanked the City for their continued support. Bill Preston from the Bremerton Food Line, thanked the City for their continued support of the Bremerton Food Line. Roy Mclnnis, a member of the CDBG Advisory Committee, discussed the great difficulty in allocating the limited amount of funds when all of the organizations who apply have very valid needs. TAPES #1853 & #1854 City Council Reg. Mtg. Minutes October 9, 2002 Page 4 of 6 Mr. Maupin asked if the funding percentages could be increased to offer to service organizations. Mr. Rogerson responded that the percentage of funds provided for disbursement is set by the Federal Government. He stated that they would further study the rules on unexpended funds. Mr. Olsen and Mr. Short commended the work done by the three members of the CDBG Advisory Committee. #2445 M/S/C/U (Shepherd/McConnell) Move to approve the CDBG Advisory Committee recommendations for the 2003 CDBG Allocation. The Council also thanked the Committee members for their efforts. 9B - RESOLUTION NO. 2875 REGARDING RECOVERY OF FEES FOR SECURING THE BUILDING ON THE PROPERTY LOCATED AT 901 PLEASANT AVENUE (#AB02-187): Janet Lunceford, Code Enforcement Officer, displayed photos of the building located at 901 Pleasant Avenue. On June 25, 2002, the water service to the apartment building located at 901 Pleasant Avenue was terminated due to non-payment of charges. On August 7, 2002, a Notice and Order to Abate Unsafe Conditions, and a Notice to Vacate were issued and delivered to the owner and the tenants, requiring them to either arrange to have the water service restored or to vacate the structure by August 10, 2002. The legal requirements for notice were met. On August 14, 2002, after failure to comply with the order, the building was vacated and secured against entry. After an attempted break-in on August 20, 2002, Public Works reboarded a portion of the building on August 23, 2002. The cost of the work, including the administrative fee, totaled $2,447.20. Council must now decide if the costs are just and reasonable, and how those fees should be collected. There were no comments from the public. Council member Wayne Olsen stepped out of the meeting at approx. 6:45 P.M. and was not available for the following vote. #2645 M/S/C/U (Short/McConnell) Move to pass Resolution No. 2875, and order that the fees in the amount of $2,447.20 incurred for securing the building located at 901 Pleasant Avenue be collected as reasonable abatement costs, and become a lien against the property. Council member Wayne Olsen returned to the meeting at approx. 6:51 P.M. 9C - RESOLUTION NO. 2876 REGARDING RECOVERY OF FEES FOR REMOVAL OF VEGETATION ON THE LISTED PROPERTIES (#AB02-188): Janet Lunceford, Code Enforcement Officer, displayed photos of the various properties. Ordinance No. 4584 declares that it is unlawful and a nuisance to allow, continue, or maintain grass and weeds exceeding twelve (12) inches in height, shrubs, brush, vines or trees which constitute a fire hazard or provide a harborage for rats, rodents or horticultural pests, or noxious and poisonous plants. The listed properties are currently in violation of the ordinance and pursuant to Section 9.14 of the Bremerton Municipal Code. The legal requirements for notice were met. Council is asked to approve the removal of the nuisance vegetation on the property and collection of the costs incurred by personal judgm~ent against the owner and a lien against the property. ~i There were no comments from the public. #2835 MIS/CIU (Shepherd/McConnell) Move to pass Resolution No. 2876, ordering that the nuisance vegetation on the properties identified by the attached listing by removed by the City with fees incurred collected as reasonable abatement costs, which shall become a personal judgment against the owner TAPES #1853 & #1854 City Council Reg. Mtg. Minutes October 9, 2002 Page 5 of 6 and a lien against the property. 9D - ORDINANCE (FIRST READING) GRANTING A ONE-YEAR FRANSHISE TO CASCADF NATURAL GAS CORPORATION (#AB02-189): Kathy McCluskey, Director of Administrative Services, informed the Council that the attached ordinance grants a one year franchise to Cascade Natural Gas Corporation for the period October 10, 2002 to October 9, 2003. City staff recommends a one year franchise to allow time to properly prepare to negotiate a new longer franchise. The many changes in state and federal law regarding Right-of-Way use, and the electricity and natural gas industry create some uncertainty regarding favorable franchise terms. There were no comments from the public. #2945 M/$/C/U (Short/Olsen) Move to approve Ordinance on first reading, granting one-year franchise to Cascade Natural Gas Corporation. 9E - ORDINANCE (FIRST READING) AMENDING CHAPTER 3.02 OF THE BMC RELATING TO THF CITY BUDGET STRUCTURE AND POLICY BY PROVIDING FOR AN ANNUAL BUDGET BEGII~NING JANUARY 1, 2003, AND MAKING RELATED MINOR AMENDMENTS TO SAID CHAPTER (#AB02- 190): Dick Saunders, Finance Director, established that the current provisions of Chapter 3.02 of the Bremerton Municipal Code provide for a biennial budget. Background information on annual vs. biennial budgets was provided, however to best serve the interest of the City, if was recommended that an annual budget would be more responsive in meeting the financial challenges of the City of Bremerton. There were no comments from the public. Mr. McConnell asked questions about the Discretionary Fund, which he stated when originally presented to the Council it was indicated that no funds would not be spent without the approval of the entire Council. Mr. Saunders replied that it is his position that the policy would be modified, and decisions would be made by the Council as a whole. Mr. Shepherd and Mr. Short expressed their support for this ordinance. TAPE #1854 #0010 M/S/C/U (Shepherd/Short) Move to approve the proposed ordinance on first reading. 9F - ORDINANCE (FIRST READING) REPEALING ORDINANCE NOS. 4771 AND 4772 TO BRING THE CITY BACK INTO COMPLIANCE WITH THE REQUIREMENT OF THE GROVVTH MANAGEMENT ACT(#AB02-191): Roger Lubovich, City Attorney, pointed out that Ordinances No. 4771,4783 and 4784 were appealed to the Central Puget Sound Growth Management Hearings Board, and in a Final Decision and Order issued on July 29, 2002, the Board determined that the City's adoption of Ordinance No. 4771,4783 and 4784 did not comply with the requirements of RCW 36.70A. 130 providing that the Comprehensive Plan be amended not more frequently that once per year. The proposed ordinance repeals Ordinance No. 4771 and companion Ordinance No. 4772 to bring the City back into compliance with the requirements of the Growth Management Act. A written statement provided by Helen Miller which e~)ressed her concerns regarding the ordinance was made a part of the official public record in its entirety. Mr. Shepherd asked if the City can choose which Ordinance to disregard. Mr. Lubovich responded TAPES #1853 & #1854 City Council Reg. Mtg. Minutes October 9, 2002 Page 6 of 6 that the Growth Management Board ordered the City to amend, affirm, or repeal, leaving it up to the City to choose which route of bringing the City into compliance. He believes that the solution being proposed will be accepted by the Growth Management Board. #0300 MIS/CIU (Rollman/Nygren) Move to approve the attached substitute ordinance on first reading. With no further regular business, the meeting adjourned at 7:20 P.M. Prepared and Submitted by: Attest: LORI SMITH Council Liaison PAULA JOHNSTON, Deputy City Clerk CAROL ARENDS, City Council President City of Bremerton CNP JIIslcge c: Normal Distribution; File AGENDA BILL BREMERTON CITY COUNCIL SUBJECT: Park and Recreation Commissioner Appointments FOR AGENDA OF: October 23,2002 ORIGINATING DEPT: Mayors Office ORIGINATOR: Sherril HuffMenees DATE SUBMITTED: 10/15/02 2. CLEARANCES: (Comment on back if necessary) 3. EXHIBITS: Application of Steve Corda MAYOR: APPROVED FOR SUBMITTAL BY COUNCIL PRESIDENT: 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: Three Parks and Recreation Board Commissioner's terms have expired. One Commissioner has resigned. It is necessary to re-appoint those Commissioners whose terms have expired and appoint a new Commissioner to fill the unexpired term of a Commission resignee. All three Commissioners with expired terms wish to be reappointed and the Mayor recommends such action by the Council. The Mayor also recommends Council action to appoint Steve Corda as a new Commissioner. 5. RECOMMENDATION: Approve re-appointment of Position 2 Commissioner Nick Garguile Sr.; Position 4 Commissioner Douglas Groneman; and Position 7 Commissioner Susan Bell to the Bremerton Parks and Recreation Commission. 2. Approve appointment of Steve Corda to fill the unexpired term for Position 1 on the Bremerton Parks Recreation Commission. 7. NOTICE OF ACTION: 6. RESPONSIBLE OFFICIAL: ENFORCEMENT OFFICIAL: EXPIRATION DATE: REVIEW DATE: AGENDA BILL NO. O2-195 e RESPONSIBLE OFFICIAL: ENFORCEMENT OFFICIAL: EXPIRATION DATE: REVIEW DATE: 7. NOTICE OF ACTION: PULLED [] TABLED ]--] APPROVED [] DISAPPROVED I--] AMENDED [-'! DATE: COUNCIL DIRECTIVE: 9. IMPACT OF NON-PASSAGE: The Parks and Recreation Policy Board will be without sufficiem members to effectively conduct business I0. IMPACT ON STAFFING~ BUDGETS~ FACILITIES~ EQUIPMENT OR OTHER RESOURCES: N/A 11. RESEARCH SOURCES: APPLICATION FOR CITY BOARDS/COMMISSIONS/COMMITTEE NOTE: As an applicant for a City Board, Commission or Committee, your name, address, and telephone number will be available to the press and public. You will be contacted before any action is taken on your appointment. (Please type or print clearly) NAME: ~ ~-~/~'/~/~' HOME ADDRESS: HOME PHONE: STATE ,~'/d'-ZIP CODE OCCUPATION: ~-,~/~,Y~-.,E.~.~_..~,//~/-/ EMPLOYER: ~/'~' ~/~E~ /~~~' WORK PHONE: E-MAIL: ~7~F~~~ ~ FAX: ' BUSINESS ADDRESS: ~"q~ ~/~~ ........ ~ ~- / .~:k'~~. . . .~_ /?~. LOCAL REFERENCES (name & phone number): I AM INTERESTED IN SERVING ON (please check one or more): () () () () () () () () Disability Action Committee Civil Service Commission(18 yrs. & older) Urban Forest Committee Public Access Citizens Advisory Committee Community Devel'opment Block Grant Advisory Committee Youth Council Safe Streets Steering Committee Citizen's Commission on Council Salaries this an application for reappointment? /~/c~ () Planning Commission (18 yrs. & older) Parks & Recreation Commission Ethics Commission Parking Advisory Board Sol~d Waste Management Bren~erton Housing Authority Board of Appeals, Housing/Building Codes Mayor's Select Committee on Law Enforcement Other yes, how many years have you served on this commission/committee? Please turn page --> WHY ARE YOU APPLYING FOR THIS APOINTMENT? WHICH OF YOUR PERSONAL AND/OR PROFESSIONAL INTERESTS PROMPTED YOU TO APPLY FOR THIS AP~nlNTMENT: HAVE YOU SERVED ON ANY OTHER BREMERTON BOARD, COMMISSION, COMMITTEE OR TASK FORCE? IF YES, PLEASE LIST: PLEBE LIST YOUR ~BFIO~TION8 FOR TNI8 ~PPOI~T~E~T IlNOLUDE 8KILL~, ~OTIVITIES, ~e ~el~ome ~our ~illin~ne~ ~ ~erve Bremerton. Please return thi~ ~ompleted for~ ~o: Mayor's Office 239 4~h Street Bremerton, WA 98337 :'h~z *-~--/z PT.4//-/ (360) 478-5266 {360) 478-5883 FAX E-mail: mayor@ci.bremerton.wa.us AGENDA BII,L BREMERTON CITY COUNCIL SUBJECT: Contract with State of WA Department of Community, Trade, and Economic Development for Boardwalk Repairs FOR AGENDA OF: 23 October 2002 ORIGINATING DEPT: Parks & Recreation ORIGINATOR: Jim Spencer, Director DATE SUBMITTED: 10 October 2002 2. CLEARANCES: 3. EXHIBITS: 4. S~RY STATEMENT A~ ~QUI~NT FOR COUNCIL A~ION: ~e City Of Breme~on wm fomt¢ to r~eive ~n~g ~der ~¢ Job Cr~tion ~d ln~cmr¢ Progr~, m con~¢d in &¢ 2003 Supplemen~ C~i~ Budget, from ~¢ S~¢ of W~n~on ~pamem of CommuniW, Trade, ~d Economic Development. ~¢ pu~s¢ offs con, ct is to ~low for ~¢ ~pr~fiafim of ~& nec~ to r~mr ~¢ m~osion m ~¢ stol pilings ~t sup~ Breme~on's over-water B~dw~k. ~¢ t~ appropr~tion is not m ¢xc¢~ $495,750. 8. RECOMMENDATION: Mo,~., to authorize the Mayor to execute Capital Contract #02-99400-012 with the Washington State Departmem of Community, Trade, and Economic Development so that repair to the Boardwalk can proceed. RESPONSIBLE OFFICIAL: Jim Spencer ENFORCEMENT OFFICIAL: Jim Spencer EXPIRATION DATE: REVIEW DATE: PULLED TABLED COUNCIL DIRECTIVE: 10. NOTICE OF ACTION APPROVED DISAPPROVED D~TE: AMENDED ll. AGENDA BILL#: 0'~,-- Iq~ 2. CLEARANCE COMMENTS: 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION (continued): IMPACT OF NON-PASSAGE: Funding from the State for this project will not be available. The corrosion problem associated with the Boardwalk's pilings will not be addressed. IMPACT ON STAFFING~ BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES: No impact. Boardwalk repair will be contracted out. Contract management will be absorbed within current staffing levels. 7. RESEARCH SOURCES: STATE OF WASHINGTON DEPARTMENT OF COMMUNITY, TRADE, iAND ECONOMIC ORI61NAL DEVELOPMENT JOB CREATION AND INFRASTRUC~ PROGRAM CAPITAL CONTRACT # 02-99400-012 TltlS CONTRACT, entered into by and between the Washington State Department of Community, Trade, and Economic Development (hereinaRer referred to as the DEPARTMENT), and the City ofBremerton (a governmental organization hereinafter referred to as the CONTRACTOR), WITNESSES TI]AT: WItEREAS, the DEPARTMENT has the statutory responsibility under RCW 43.330.050 (5) to cooperate with and provide assistance to local governments, businesses, and community-based organizations serving the communities of the state of Washington; and WItEREAS,.the DEPARTMENT is also given the responsibility to administer state funds and programs which are assigned to the DEPARTMENT by the Governor or the Washington State Legislature; and WHEREAS, the 2002 Washington State Legislature has, in ESB 6396 (the State Supplemental Capital Budget, Laws of 2002, Chapter 238), established the Job Creation and Infrastructure Program and appropriated funds for capital improvement projects throughout the state; and WltEREAS, the Legislature has also directed the DEPARTMENT to administer the funds appropriated in Sections 201 through 205 of the enabling legislation; and WHEREAS, the Bremerton maritime park project (a venture hereinafter referred to as the Project) is designated to receive funding under the Job Creation and Infrastructure Program; and WHEREAS, the CONTRACTOR is the entity responsible for the Bremerton maritime park project. NOW, TltEREFORE, in consideration of covenants, conditions, performances, and promises hereinafter contained, the parties hereto agree as follows: FUNDING The total funds awarded to the CONTRACTOR hereunder shall be a sum up to, but not to exceed $495,750. The DEPARTMENT has retained $4,250 (0.85 percent) of the original appropriation amount as reimburselnent for costs directly associated with managing the completion of this contract. SERVICE PROVISIONS a) Funds awarded under this contract shall be used to reimburse the CONTRACTOR for capital costs associated solely with capital improvements at the Bremerton maritime park project, as contemplated in ESB 6396, Section 202 (the State Supplemental Capital Budget, Laws of 2002, Chapter 238). The CONTRACTOR shall peri'om in accordance with the terms and conditions of this contract and the following attachments which, by this reference, are made a part of this contract: ATTACHMENT A (CERTIFICATION OF THE AVAILABILITY OF NON- STATE FUNDS) ATTACHMENT B (PROJECT BUDGET) ATTACHMENT C (SCOPE OF WORK) CONTRACT PERIOD a) The effective date of this contract shall be the date of the last signature of the contracting parties. ~ b) Unless terminated earlier pursuant to Sections 7, 10 or 21, hereof, the termination date of this contract shall be June 30, 2005. ELIGIBLE COSTS The CONTRACTOR may be reimbursed for the following categories of costs: a) Real property, when purchased or acquired solely for the purposes of the Project; b) Design, engineering, architectural, and planning costs; c) Project management costs (from external sources only); d) Construction costs including, but not limited to, the following: Site preparation and improvements; Permits and fees; ,~ Labor and materials; Taxes on Project goods and services; Capitalized equipment; and Landscaping. , PAYMENT PROVISIONS a) Payments to the CONTRACTOR shall be made on a reimbursement basis only. For the purposes of this contract, reimbursement shall be construed to mean costs incurred and paid, or costs incurred and payable within thirty (3 0) days. b) When requesting reimbursement for costs incurred or expenditures made, the CONTRACTOR shall submit to the DEPARTMENT a signed and completed Invoice Voucher (Form A-19), referencing the Project activity performed during the previous billing period, and documents (invoices, bills, and the like) which support such claim(s). The voucher must be certified by an official of the CONTRACTOR with authority to bind the CONTRACTOR. The final voucher shall be submitted to the DEPARTMENT not later than fifteen (15) days following the completion or termination of this contract. Each request for payment shall be accompanied by a Project Status Report, which describes, in narrative form, the progress made on the Project since the last invoice was submitted, as well as a report of overall Project status to date. d) After receiving and approving the voucher and Project Status Report, the DEPARTMENT shall promptly remit,a warrant to the CONTRACTOR. EVALUATION AND MONITORING a) The CONTRACTOR shall cooperate with and freely participate in any monitoring or evaluation activities conducted by the DEPARTMENT that are pertinent to the intent of this contract, including periodic site inspections. b) The DEPARTMENT or the State Auditor and any of their representatives shall have full access to and the right to examine during normal business hours and as often as the DEPARTMENT or the State Auditor may deem necessary, all the CONTRACTOR'S records with respect to all matters covered in this contract. Such representatives shall provide the CONTRACTOR with reasonable notice prior to any such examination, and shall be permitted to audit, examine, and make excerpts or transcripts from such records and to make audits of all contracts, invoices, materials, payrolls, and records of matters covered by this contract. Such rights last for six years from the date final payment is made hereunder. NONDISCRIMINATION PROVISION a) During the performance of this con~act, the CONTRACTOR shall comply with all federal and state nondiscriminationlaws, including, but not limited to Chapter 49.60 RCW (Washington's Law Against Discrimination) and 42 U.S.C. 12101 et. seq., (the Americans with Disabilities Act [ADA]). 3 17 o 10. b) In the event of the CONTRACTOR'S noncompliance or refusal to comply with any nondiscrimination law, regulation, or policy, this contract may be rescinded, canceled, or terminated in whole or in part, and the CONTRACTOR may be declared ineligible for further contracts with the DEPARTMENT. The CONTRACTOR shall, however, be given a reasonable time in which to cure any such noncompliance. Any disput~ may be resolved in accordance with the "Disputes" procedure set forth herein. CONTRACT MODIFICATIONS The DEPARTMENT and the CONTRACTOR may, from time to time, desire to make changes to this contract. Any such changes that are mutually agreed upon by the DEPARTMENT and the CONTRACTOR shall be incorporated herein by written amendment. It is mutually agreed and understood that, except for the budget modifications described in Section 9, hereof, no alteration or variation of the terms of this contract shall be valid unless made in writing and signed by the parties hereto prior to implementation of the changes, and that any oral understanding or agreements not incorporated herein shall not be binding. MODIFICATIONS TO THE PROJECT BUDGET a) Notwithstanding any other provision of this contract, the CONTRACTOR may, at its discretion, make modifications not.}o exceed ten (10) percent of each line item in the Project Budget (Attachment B,:hereof). b) The CONTRACTOR shall notify the DEPARTMENT in writing prior to making any budget modification or modifications that would exceed ten (10) percent of any budget line item. Any such request for changes in the budget that are mutually agreed upon by the DEPARTMENT and the CONTRACTOR shall be made in writing and signed by both parties, and attached to the budget attachment to this contract. TERMINATION OF CONTRACT a) If, through any cause, the CONTRACTOR shall fail to fulfill in a timely and proper manner its obligations under this contract or if the CONTRACTOR shall violate any of its covenants, agreements or stipulations of this contract, the DEPARTMENT shall thereupon have the right to terminate this contract and withhold the remaining allocation if such default or violation is not corrected within twenty (20) days after the DEPARTMENT'S submitting written notice to the CONTRACTOR describing such default or violation; Provided, that if more than twenty (20) days are required $o correct any such default or violation and the CONTRACTOR has initiated appropriate corrective measures as reasonably determined by the DEPARTMENT, the DEPARTMENT will not terminate this CONTRACT for such default or violation. 11. 12. b) Notwithstanding any provisions of this contract, either party may terminate this contract by providing the other party with written notice of such termination, specifying the effective date thereof, at least thirty (30) days prior to such date. c) In the event this contract is terminated, the CONTRACTOR shall be reimbursed for eligible expenses incurred prior to.~he effective date of such termination and not otherwise paid for by the DEPARTMENT, as the DEPARTMENT reas~)nably determines. SPECIAL PROVISION The DEPARTMENT'S failure to insist upon the strict performance of any provision of this contract or to exercise any right based upon a breach thereof or the acceptance of any performance during such breach, shall not constitute a waiver of any fight under this contract. HOLD a) HARMLESS It is understood and agreed that this contract is solely for the benefit of the parties hereto and gives no fight to any other party. No joint venture or partnership is formed as a result of this contract. Each party hereto agrees to be responsible and assume liability for its own negligent acts or omissions, or those of its officers, agents, or employees to the fullest extent required by law, and agrees to save, indemnify, defend, and hold the other party harmless from any such liability. In the case of negligence of more than one party, any damages allowed shall be levied in proportion to the percentage of negligence attributable to each party, and each party shall have the fight to seek contribution from the other party in proportion to the percentage of negligence attributable to the other party. b) This indemnification clause shall also apply to any and all causes of action arising out of the performance of work activities under this contract. Each contract for services or activities utilizing funds provided in whole or in part by this contract shall include a provision that the DEPARTMENT and the state of Washington are not liable for damages or claims from damages arising from any subcontractor's performance or activities under the terms of the contracts. 5 13. 14. 15. 16. 17. RECAPTURE PROVISION In the event the CONTRACTOR fails to expend state funds in accordance with state law and/or the provisions of this contract, the DEPARTMENT reserves the right to recapture state funds in an amount equivalent to the extent of noncompliance. Such fight of recapture shall exist for a period not to exceed six (6) years following termination of the contract. Repayment by the CONTRACTOR of state funds under this recapture provision shall occur within thirty (30) days of demand. In the event that the DEPARTMENT is required to institute proceedings to enforce this recapture provision, the DEPARTMENT shall be entitled to its cost thereof, including reasonable attorney's fees. OWNERSHIP OF PROJECT/CAPITAL FACILITIES The DEPARTMENT makes no claim to any real property improved or constructed with funds awarded under this contract and does not assert and will not acquire any ownership interest in or title to the capital facilities and/or equipment constructed or purchased with state funds under this contract. This provision does not extend to claims that the DEPARTMENT may bring against the CONTRACTOR in recapturing funds expended in violation of this contract. RELATIONSHIP BETWEEN THE PARTIES The CONTRACTOR and its employees or agents performing under this contract are not deemed to be employees of the DEPARTMENT nor agents of the DEPARTMENT in any manner whatsoever, nor will they hold themselves out as nor claim to be officers or employees of the DEPARTMENT or of the state of Washington hereof and will not make any claim, demand, or application to or for any right or privilege applicable to an officer or employee of the DEPARTMENT or of the state of Washington. DISPUTES Except as otherwise provided in this contract, when a bona fide dispute arises between the parties and it cannot be resolved through discussion and negotiation, either party may request a dispute hearing. The parties shall select a dispute resolution team to resolve the dispute. The dispute resolution team shall consist of a representative appointed by the DEPARTMENT, a represent.ative appointed by the CONTRACTOR, and a third party agreed upon by both parties. The dispute resolution team shall attempt, by majority vote, to resolve the dispute. The parties agree that this dispute process shall precede any action in a judicial or quasi-judicial setting. GOVERNING LAW AND VENUE This contract shall be construed and enforced in accordance with, and the validity and performance hereof shall be governed by, t~ae laws of the state of Washington. Venue of any suit between the parties arising out of. ftais contract shall be the superior court of Thurston County, Washington. 18. 19. 20. 21. 22. 23. SEVERABILITY If any term or condition of this contract or application thereof to any person or circum- stances is held invalid, such invalidity shall not affect other terms, conditions, or appli- cations of this contract which can be given effect without the invalid term, condition, or application. Accordingly, the terms and conditions of this contract are declared severable. REDUCTION IN FUNDS In the event state funds appropriated for the work contemplated under this contract are withdrawn, reduced, or limited in any way by the Governor or the Washington State Legislature during the contract period, the parties hereto shall be bound by any such revised funding limitations as implemented at the discretion of the DEPARTMENT, and shall meet and renegotiate the contract accordingly. PREVAIl,lNG WAGE LAW The Project funded under this contract may be subject to state prevailing wage law (Chapter 39.12 RCW). The CONTRACTOR is advised to consult the Washington Department of Labor and Industries and/or private counsel to determine whether prevailing wages must be paid. The DEPARTMENT is not responsible for determining whether prevailing wage law applies to this Project or for any prevailing wage payments that may be required by law. REAPPROPKIATION a) The parties hereto understand and agree that any state funds not expended by June 30, 2003, will lapse on that date unless reappropriated by the Washington State Legislature. If funds are so reapprop~ated, the state's obligation under the terms of this contract shall be contingent upon the terms of such reappropriation. b) In the event any funds under this contract are reappropriated for use in a future biennium, the DEPARTMENT reserves the right to assign a reasonable share of such reappropriation for administrative costs. ENTIRE AGREEMENT This contract and all attachments hereto contain all the terms and conditions agreed upon by the parties. No other understandings, oral or otherwise, regarding the subject matter of this contract and attachments shall be deemed to exist or to bind any of the parties hereto. ADMINISTRATION a) The CONTRACTOR'S representa~ve shall be Jim Spencer. b) The DEPARTMENT'S representative shall be Daniel Aarthun. 7 IN WITNESS wm~REOF, the DEPARTMENT and CONTRACTOR have executed this contract as of the date and year written below. DEPARTMENT OF COMMUNITY, TRADE, AND ECONOMIC DEVELOPMENT CONTRACTOR By: By: Date: Steve Wells, Assistant Director Department of Community, Trade. and Economic Development APPROVED AS TO FORM Assistant Attorney General Date Title: Date: Washington State UBI No. Federal Tax ID No. ATTACHMENT A CERTIFICATION OF THE AVAILABH.,ITY OF NON-STATE FUNDS (not applicable under paragraph 2b) 9 ATTACHMENT B PROJECT BUDGET AND CERTIFICATION Professional service agreement with Norton Corrosion LTD Clean off existing corrosion,and wrap pilings Install cathodic protection Reserve/contingency Total Expenditures $15,000 $325,000 $110,000 $45,750 $495~750 The CONTRACTOR, by its signature, certifies that the Project Budget set forth above has been reviewed and approved by tl~e CONTRACTOR'S governing body or board of directors, as applicable, as of the date and year written below. CONTRACTOR TITLE DATE l0 ATTACHMENT C SCOPE OF WORK Project Summary This contract is for the corrosion repair of the steel pilings that support Bremerton's over-water boardwalk. This facility is an integral part of Bremerton's waterfront and the nucleus of future waterfront development. It is supported by 132 steel pilings, and serves as a central meeting place for Bremerton citizens by hosting a variety of special events. It measures approximately 825 feet in length, and 40 feet in width. Failed coating material on the pilings has led to their need for repair. A Professional Service Agreement (PSA) with Norton Corrosion Limited was executed on July 29, 2002 to determine the specific required repairs. Repair will include the installation of cathodic protection and an exterior plastic protective coating to prevent further degradation. Repairs are scheduled to begin in October 2002, contingent upon the receipt of necessary permits, and completed by year end. 13. AGENDA BILL BREMERTON CITY COUNCIL SUBJECT: Approval of the Design Agreement Modification #1 Phase 2 between the City of Bremerton and OPUS Northwest, LLC FOR AGENDA OF: October 23, 2002 ORIGINATING DEPT: Economic Development ORIGINATOR: Gary Sexton DATE SUBMITTED: October 10, 2002 2. CLEARANCES: (Comment on back if necessary) 3. EXHIBITS: Design Agreement Modification #1, (Phase 2) between the City of Bremerton and OPUS Northwest, LLC APPROVED FOR SUBMITTAL BY COUNjEIL PRESIDENT: ~ 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: Project Scope has not been altered. This modification extends the design development to completion. 5. RECOMMENDATION: I hereby move to authorize the Mayor to sign the modification to the Phase 2 Design Agreement to complete design development. 7. NOTICE OF ACTION: PULLED I--] TABLED [--] COUNCIL DIRECTIVE: APPROVED RESPONSIBLE OFFICIAL: ENFORCEMENT OFFICIAL: EXPIRATION DATE: REVIEW DATE: DISAPPROVED [--] AMENDED I--] DATE: 8. AGENDA BILL NO.: 9. IMPACT OF NON-PASSAGE: Conference Center project would not proceed. 10. IMPACT ON STAFFING, BUDGETS, FACILITIES~ EQUIPMENT OR OTHER RESOURCES: Authorizes spending of additional $94,395 previously set aside Conference Center funding. 11. RESEARCH SOURCES: SCHEMATIC DESIGN AGREEMENT MODIFICATION #1 BETWEEN THE CITY OF BREMENTON AND OPUS NORTHWEST, LLC This AGREEMENT made as of the 4th day of October in the year 2002. BETWEEN the Lead Agency City of Bremerton 245 Fourth Street Bremerton, WA 98337 And the Designer/Developer (for purposes of this agreement referred to as "Developer") Opus Northwest LLC 915 - 118th Avenue SE, Suite 300 Bellevue, WA 98005 For the following Project: First and Washington Conference Center The Lead Agency and Developer agree as follows: The "Project" parameters Project Scope has not been altered. Attachment 1, Modification 1. Design work is hereby is extended as set forth in 2. Time for Performance: In accordance with the schedule as listed in attachment. This Agreement entered into as of the day and year first written above Lead Agency Representative (signature) Representative (signature) (Printed name and Title) (Printed n~atrne and, dlTi~.e) Attachments: Exhibit I- Scope of Services Attachment Itl - Fees Attachment It3 - Revised Design Schedule FIRST AND WASHINTON CONFERENCE CENTER EXHIBIT I MODIFICATION #1 Page I of 1 EXHIBIT I BREMERTON CONFERENCE CENTER SCOPE OF SCHEMATIC DESIGN MODIFICATION #1 SERVICES The intent of this Document is to provide additional services and/or deliverables beyond those contracted in "Agreement Between The City of Bremerton and Opus Northwest" DRAFT dated 5/6/02 and Schematic Design Agreement dated 6/19/02. Opus Northwest continues to act as Designer/Developer (Developer) for the City of Bremerton (Lead Agency). Scope of Services will build and expand upon those services begun in Agreement. In the event of conflict between this document and the Agreement, this document shall take precedence. Scope of Services (Refined design documents in accordance with Scheme D pricing options as approved by Lead Agency): PROGRAMING: The Developer shall refine public program needs using Opus/LMN Architects proposal as a baseline. Review existing codes and make recommendations for changes to provide ultimate project performance. Codes to be reviewed include: UBC, planning, zoning (use studies), SEPA, shorelines. SCHEMATIC DESIGN MEETINGS: The Developer shall weekly review design development progress with the Lead Agency Project Manager. Design issues will include: integration of Public and Private programming needs; vertical circulation between mixed use components; design character of complex; construction issues related to design considerations and sequencing; costing options as appropriate; primary systems (structural, mechanical & electrical, elevators); REVISED DESIGN DOCUMENTS: Revised Scheme D schematic design documents and the design development documents shall illustrate the scale, relationship and architectural character of both public and private project components. Private project components are to include: hotel, retail, restaurant and office. Private and public design development submittals will include: site plan, floor plan(s), roof plan(s), exterior elevations, typical building section, schematic finish selection of interior and exterior, and outline specifications. PUBLIC CONSTRUCTION ESTIMATE: Based on mutually agreed-upon construction start date and public design documents Developer shall provide Total Public Construction Estimate. Estimate shall be broken down into five main categories: parking structure; conference center; off site and on site improvements (except for landscape and hardscape); landscape and hardscape improvements. Estimate will be in systems estimate format (off site, on site, substructure, superstructure, exterior closure, interior construction, conveying, mechanical, electrical, General Conditions, insurance, contingency and fee). Construction estimate will also include clarifications and assumptions (with allowance for special work as required) and proposed construction schedule. E. PRECONSTRUCTION SCHEDULE: Developer shall update design schedule for project from schematic design phase completion to start of construction. TOTAL PROJECT COSTS: Developer shall provide at completion of the Design Development Phase "Total Project Costs (TPC)" for public program requirements. TPC shall itemize soft and hard costs. Soft costs being such items as: government charges, design fees, inspection and testing costs; surveys, taxes (real estate, sales, B&O, etc), uti~y charges and assessments, printing costs, legal fees, insurance (environmental, liability, etc), revenue (pad sales, parking garage, etc), start up costs, project contingencies, etc. Hard costs being: construction costs, general conditions, taxes and insurance, construction contingencies. FIRST AND WASHINGTON CONFERENCE CENTER EXHIBIT I MODIFICATION #1 PAGE 1 OF 2 Date: 10/4/2002 G. DELIVERABLES: 1. Prepare and submit to Lead Agency revised design documents for Parking Garage, Conference Center, and Plaza. Design level drawings for the private portions of the project will also be produced in sufficient detail to ascertain compliance with RFP and proper design coordination with public portions of the project." Design Development drawings to inclu,de discipline design schemes for: architectural, structural, mechanical & electrical (design-build), landscaping, civil. Deliverable shall consist of: program needs (with code restraints and suggested changes); site plan; floor plan(s); roof plan(s); exterior elevations; typical building sections; schematic finish selection for interior and exterior, outline specifications, construction estimate, construction schedule, construction assumptions and clarifications, Preconstruction Schedule and Total Project Costs. ADDITIONAL AGREEMENTS: Prior to the completion of the Revised Design phase, Lead Agency and Developer will resolve contract language for: Pad Sale Agreement between Lead Agency and Developer; Design-Build Agreement (for work from Design Completion thru construction). Signing of these agreements are listed in Attachment #3. I. ATTACHMENT # 1 - FEES: Developer costs and fees for this Phase of Services is attached herein as Attachment # 1. J. ATTACHMENT # 2 - CONSULTANTS: Engineer- Barghausen Consulting Engineers, Inc. K. ATTACHMENT # 3 - REVISED DESIGN SCHEDULE: The Developer milestones for Revised Design Phase are attached herein as Attachment # 3. FIRST AND WASHINGTON CONFERENCE CENTER EXHIBIT I MODIFICATION #1 PAGE 2 OF 2 3s Date: 10/4/2002 ATTACHMENT # 1 MODIFICATION #1 DEVELOPER COSTS AND FEES City of Bremerton - Regional Conference Center Grouping of fees Description/services DESIGN FEES 30 Day SD phase DD phase Fee / c°stl I Oct 2o,oooll 136,z0011 6~,6o0 20,000 10,740 125,460 68,800 II 5,°0°ll z,zoo 5,000 2,200 __.2_,000[ ....3.,800 .... II ~,°°°11 2,550 11,550 21,450 2,550 II 3g,51~1l 6,16~ 22,558 16,960 6,167 lO,OOOll 22,~o~11 ~,42~ 10,000 22,303 17,422 II 4'57°11 1,7~2 4,570 1,732 Il 5,4~11 903 5,418 9O3 II 3'667ll 1,462 3,667 1,462 II z,~ll 2,295 7,633 2,295 'Il "~'~°l[ 5~'o 2,000 570 II 5,000 Architect {shell interior finishes) - prime (LMN) Programing & conceptual Schematic Design develop Construction Documents Construction Administration Land use permit expeditor (Rice Fergus Miller) Schematic Design develop Construction Documents Parking report Initial study Final report Civil Engineering Programing & conceptual Schematic Design devetop Construction Documents Construction Administration Landscape Architect Programing & conceptual Schematic Design develop Construction Documents Construction Administration Structural engineer Programing & conceptual Schematic Design develop Construction Documents Bidding & negotiations Construction Administration 43,49E Fire sprinkler design Schematic Design develop Construction Documents Plumbing design Schematic Design develop Construction Documents HVAC & Controls design Schematic Design develop Construction Documents Electrical design Schematic Design develop Construction Documents Elevator consulting services Schematic Design develop Construction Documents Corrosion Consulting Services FIRST AND WASHINGTON CONFERENCE CENTER EXHIBIT I ATTACHMENT # 1 MOD #1 Page 1 / 2 Date: October 4,2002 ATTACHMENT # 1 MODIFICATION #1 DEVELOPER COSTS AND FEES Ci[7 of Bremerton - Regional Conference Center Grouping of fees Description/services Schematic Design develop Construction Documents Acoustical consultant Programing & conceptual Schematic Design develop Construction Documents Construction Administration A/E fee contingency Design develop Construction Documents Construction Administration Survey of land Survey Soil & enviormental Enviormental Parametrix - 30 day ParametHx - Schematic design INSPECTION AND TESTING SERVICES. Geotechnical Engineering Testing & Report Construction Administration - Printing and reimbursables Design development Construction Documents Construction Administration Pre-construction services Progarming & conceptual Schematic Design development Construction Documents Summary of fees - SUBTOTAL >> Opus Fee @ 8.5% > TOTAL BY PHASES Total 30 Da Fee / cost 15,000 15,000 8,000 8,000 SD phase DD phase ---i'0001 ..... Oct 4,55Oll 15,6§0 I II II 990 I 12,°°°11 3~,°°ell 4,~00, 67,000 7,395 ===== 94,395 94,395 12,000 36,000 324,320 27,567 351,867 446,282 4,800i 111,202~ 9,452 120,654 566,936 FIRST AND WASHINGTON CONFERENCE CENTER EXHIBIT I ATTACHMENT # 1 MOD #1 Page 2 / 2 Date: October 4,2002 ATTACHMENT #3 Bremerton Conference Center Revised Design Schedule I. DESIGN A. Update schematic drawings to reflect Scheme D Pricing: B. Provide additional detail to better define selected design: C. Estimating of revised design drawings: D. Compile and print revised design: E. Present revised design package with Total Project Costs: II. CONTRACT PHASES Design-Build signed Pad Sales Agreement - signed Codes, covenants, and restrictions - signed Sept 24 - Oct, 8, 2002 Oct 8 - Oct 16, 2002 Oct 16 - Oct 22, 2002 Oct 30, 2002 Oct 30, 2002 Nov 1, 2002 Nov 15, 2002 Nov 15, 2002 FIRST AND WASHINGTON CONFERENCE CENTER EXHIBIT I MODIFICATION gl 1 ofl AGENDA BILL BREMERTON CITY COUNCIL SUBJECT: Agreement between the City of Bremerton, Bremerton Housing Authority, Bremerton School District and Bainbridge Architects regarding Anderson Cove Master Plan/Urban Design Study. FOR AGENDA OF: October 23, 2002 ORIGINATING DEPT: Economic Development ORIGINATOR: Gary Sexton DATE SUBMITTED: October 10, 2002 2. CLEARANCES: (Comment on back if necessary) CITY ATTORNEY'~''N MAYOR: ~-~ ~ ~ f 3. EXHIBITS: Proposal: Scope of Work, Approach, Fees & Schedule. Agreement prepared by Bainbridge Architects Collaborative APPROVED FOR SUBMITTAL BY COUNCIL PRESIDENT: 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: This agreement describes the Scope of Work, Approach, Fees & Schedule for a Preliminary Master Plan/Urban Design Study, for the greater Anderson Cove area, Bremerton, Washington. Council action required is approval for the Mayor to sign the agreement between the City of Bremerton, Bremerton School District, Bremerton Housing Authority and Bainbridge Architects Collaborative. 5. RECOMMENDATION: Move to allow the Mayor to sign the agreement between the City of Bremerton, Bremerton Housing Authority, Bremerton School District and Bainbridge Architects Collaborative preliminary design for the greater Anderson Cove Preliminary Master Plan/Urban Design Study Scope of Work. 7. NOTICE OF ACTION: PULLED [-'] TABLED l--] COUNCIL DIRECTIVE: APPROVED RESPONSIBLE OFFICIAL: ENFORCEMENT OFFICIAL: EXPIRATION DATE: REVIEW DATE: DISAPPROVED [--! AMENDED DATE: 8. AGENDABILLNO.: {)o~--/q~ 9. IMPACT OF NON-PASSAGE: Consideration of options for rehabilitation of the greater Anderson Cove area, provide affordable housing, and educational facilities in a cooperative manner will not proceed. 10. IMPACT ON STAFFING~ BUDGETS~ FACILITIES~ EQUIPMENT OR OTHER RESOURCEE: City funds will come from CDBG Planning fiands. 11. RESEARCH SOURCES: BAINBRID{~ E A R E:H ITE E~TS C D L LA O O R A t I V E September 16, 2002 Proposal Date: To: Cc: From: Reference: September 16, 2002 Mayor Cary Bc~eman, City of Bremerton Washington Gary Sexton, Director of Economic Development, Bremerton WA. Merrill Wallace, Executive Director, Bremerton Housing Authority Betty Hyde, Superintendent, Bremerton School District 100-C Bill Isley FAIA, Architect, Bainbridge Architects Collaborative Sean Parker AIA, Architect, Bainbridge Architects Collaborative Preliminary Master Plan / Urban Design Study, Anderson Cove, Bremerton Washington Proposed Scope of work and estimated budget Based on our meeting and discussions with Gary Sexton and Merrill Wallace September 11, 2002 the Bainbridge Architects collaborative propose the following scope of work, approach, fees and schedule. Background / Understandinp Historically, Anderson Cove was a WWII govemment housing project built in the eady 1940s, which was subsequently individually sold to private property owners. Over the years the housing and the general area has suffered extensive deterioration due to deferred maintenance and neglect. Nearly all of the housing is rented with few owner occupied units. A growing cdme rate combined with the general condition of the area has negatively influenced the surrounding neighborhoods resulting in depressed and declining property valuation. In response to this growing problem the City of Bremerton, the Bremerton Housing Authority and the Bremerton School District, is embarking upon a planning and redevelopment process, which will achieve each authority's mutual objectives toward neighborhood improvement with emphasis on the planning and financial viability of placement of a Bremedon Middle School in the greater Anderson Cove area. 435 ERICKSEN AVENUE ~ SUITE 250 BAINBRIDGE ISLAND, WASHINGTON 98110 voice: 206.842.2011 FAX~ 206,842.9386 Anderson Cove Proposal Bainbridge Architects Collaborative Overall Objectives 1. Conceptualize an urban development "Action Plan" for the Anderson Cove area, which will lead to the redevelopment of key properties, and in turn will stimulate private improvements in surrounding properties. 2. Analyze location and financial viability of acquiring a minimum of 20 acres within the greater Anderson Cove area for the development of a new Bremerton Middle School. 3. Utilize federal, state and local programs to finance the acquisition, planning and associated public and private redevelopment projects. 4. Identify, plan and construct infrastructure improvement such as parks, open spaces, sidewalk and street improvement amenities necessary to entice new development. 5. Identify locations for the development of affordable housing of varying densities. 6. Identify and implement programs to assist surrounding properties in making physical improvements. Including code variances, grants, tax reductions, subsidized loans and other financial incentives. Immediate Objectives 1. Prepare a "conceptual master plan / action plan "that the three agencies can embrace as a basis for discussion and to illuminate specific problems and opportunities. 2. Conclude this planning effort within 90 days. 3. Limit this initial planning effort to executive "in-house" discussions. Public outreach and stakeholders meetings will be initiated in subsequent phases once the agencies have concurred on a "concept direction". 4. Limit the budget for this phase of work to a: Conceptual Master Plan / Action Plan, vision graphics, and supporting data and documentation with a maximum professional fee of $30,000 plus $5,000 for direct expenses and graphic modeling. Study area Primary study area - 19th Street to the north including waterfront and properties north of and adjacent 19th Street, 13th street on the south, Naval Ave. on the east and Callow to the west. Secondary study area - Lafayette Avenue and North Wyckoff Avenue on the west, 24~h Street on the north, 11~h Street on the south and one property east of Naval Ave. on the east. See attached map exhibit A. 2 Anderson Cove Proposal Bainbridge Architects Collaborative Project Scope of Work I. Meetinqs estimated hours 16 Briefings and progress meetings with COB, BHA and BSD; Four meetings including an initial briefing meeting and three progress meetings / presentations. II. Inventory, analysis and data collection estimated hours 60 1. Base map preparation including streets, tax parcels, topography, air photo and pertinent available GIS mapping from Kitsap County (by COB) 2. Summary of status of contaminated waterfront site at 19th Street and Naval Ave. (Including any documentation and correspondence from DOE. (COB)) 3. Incidents of police reports in primary study area (COB from PDR Group study) 4. Kitsap County tax assessment data by parcel including primary and secondary study areas (COB) 5. Mapping of existing property values from Kitsap County assessor database. 6. Bremerton School District footprint and site program requirements for the envisioned Middle School (BSD) 7. Middle School projected student population distribution (by BSD) 8. Select on-site photography 9. On-site visual inventory of primary and secondary study areas Summary of site area analysis drawings including: topography and land forms, site opportunities for school locations, views, existing parks and related amenities, generalized pattern of building condition and assessed value, specific problems and opportunities. III. Alternative Urban Design concepts estimated hours 40 Based · on the above, prepare three concept site plans depicting the integration of: Acquisition and redevelopment areas for both commercial and residential uses including housing types and densities. · Infrastructure improvements. · Open space and park improvements. · Potential school locations. · Joint public/private opportunities. · Areas needing financial assistance for private renewal and renovation. IV. Alternatives Evaluation estimated hours 32 Prepare a summary comparative analysis of the above alternatives related to generalized cost and benefit. V. Select and refine a preferri~"d plan and I or approach estimated hours 6O VI. Draft "Action Plan" report text, graphics and illustrations estimated hours 120 3 Anderson Cove Proposal Bainbridge Architects Collaborative Fees The total professional services fee is estimated @ 328 hours @ average hourly rate of $91/hour- $30,000 Direct expenses including travel, printing, photography, and graphic illustrations, renderings, and vendor services - allowance = $5000 Total lump sum fee - $35,000 Schedule The project will be completed in final draft form within 90 days of the signing of this letter agreement. Contract Parties Contract parties shall be the City of Bremerton, the Bremerton School District, the Bremerton Housing Authority and Bainbridge Architects Collaborative. Attachments Short form contract for professional services. Exhibit B Accepted B.,ain. bridgeArchite.~/l~orative City of Bremerton "- a,or V~llia,~ A isley Date i / // . City of Bremerton (.S~a~n- Par. ~r, ArA ' Datg ~ BeAy Hyde Date Breme~on School District 100 C Merrill Wallace Bremerton Housing Authority Date 4 I" t l lllli Fiji':" 1'!673' Anderson Cove Proposal Bainbridge Architects Collaborative EXHIBIT B CONSULTANT AGREEMENT THIS AGREEMENT is between City of Bremerton, the Bremerton School District, the Bremerton Housing Authority and Bainbridge Architects Collaborative (Consultant). The parties agree as follows: SCOPE OF SERVICES: The purpose of this agreement is to acknowledge the parties' mutual interest in Consultant providing the services as set forth in The Scope of Work letter dated, September 16, 2OO2. TERMS AND CONDITIONS: All rights and obligations of the parties to this Agreement shall be subject to and governed by the Terms and Conditions contained in the text of this Agreement, and as maybe attached and incorporated herein. PERIOD OF PERFORMANCE: Subject to its other provisions, the period of performance of this Agreement shall commence as of September 11, 2002 and terminate December 11,2002 or until terminated by either party in writing. The term of this agreement may be extended by mutual consent of the parties. REIMBURSEMENT AND PAYMENT: City of Bremerton, the Bremerton School District 100C, and Bremerton Housing Authority shall pay Bainbridge Architects Collaborative an amount not to exceed $35,000.00 including $5,000.00 for estimated reimbursable expense. BILLING PROCEDURE: Bainbridge Architects Collaborative shall submit monthly invoices for reimbursement showing actual hours worked plus any applicable direct expenses. COMPLIANCE WITH LEGAL REQUIREMENTS: Each party accepts responsibility for compliance with federal, state or local laws and regulations. Anderson Cove Proposal Bainbridge Architects Collaborative o 10. 11. NOTICES: All notices and other communications to be given by either party may be given in writing, depositing the same in the United States mail, postage prepaid and addressed to the appropriate party as follows: City of Bremerton: Gary Sexton City of Bremerton 239 4t~ Avenue Bremerton, WA 98337 Consultant: William Isley, FAIA Sean Parker, AIA Bainbridge Architects Collaborative 435 Ericksen Avenue, #250 Bainbridge Island, WA 98110 REPORTS: Consultant may be required to submit periodic reports of progress as outlined in the letter agreement dated, September 16, 2002. NON-DELEGATION/NON-ASSIGNMENT: Neither party may delegate the performance of any contractual obligation, to a third party, unless mutually agreed in writing. Neither party may assign this Agreement without the written consent of the other party. HOLD HARMLESS: Each party shall be liable and responsible for the consequences of any negligent or wrongful act or failure to act on the part of itself and its employees. Neither consequences of any act or admission of any person, firm or corporation not a party to this Agreement. SEVERABILITY: Any provision of this Agreement, which is prohibited or unenforceable, shall be ineffective to the extent of such prohibition or unenforceability, without invalidating the remaining provision or affecting the validity or enforcement of such provision. 2 Anderson Cove Proposal Bainbridge Architects Collaborative 12. BY: ENTIRE AGREEMENT: This Agreement is the entire agreement of the parties and supersedes all prior negotiations and agreements whether wdtten or oral. This Agreement may be amended only by written agreement and no purported oral amendment to the Agreement shall be valid. IN WITNESS WHEREOF, this Agreement is signed by the parties this __ day of ,20 CITY OF BREMERTON Mayor Carey Bo~eman City of Bremerton, WA Betty Hyde Bremerton School District 100C CONSULTANT/-----v . ,. William Isley, FAIA" ! Bainb.~idge ArchiteC~ ~bllaborative Sean Park~i:, Bainbridge Architects Collaborative Merrill Wallace Bremerton Housing Authority Anderson Cove Proposal Bainbridge Architects Collaborative ATTACHMENT B Hourly Rates The services identified in the letter agreement dated September 16, 2002 will be provided by Consultant to the City of Bremerton on an actual hours basis as listed below. City of Bremerton shall reimburse Consultant at the following rates, not to exceed $ 30,000.00 plus an allowance of up to $5,000.00 for reimbursable expenses total for the term of this Agreement. Hourly Rates Senior Principal Architect/Planner Principal Architect Project Planner Project Architect Draftsman Administrative $150.00 $120.00 $ 75.O0 $ 75.00 $ 45.00 $ 45.0o 4 AGENDA BILL BREMERTON CITY COUNCIL ~c 1. SUBJECT: PUBLIC HEARING AND FOR AGENDA: ~C"~_L~. ?~-~ ORDINANCE REPEALING ORDINANCE NOS. ORIGINATING DEPT: City Attorney's Office 4771 AND 4772 ORIGINATOR: Roger A. Lubovich DATE SUBMITTED: t~Ct'v-ber,- 2. CLEARANCES: (Comment on back if RO-~C~R A. L-'~'BOV..ICH, City Attorney ~ CHRIS J~G0, Comm~(nil]y Development Director OPERATIONS CHAIRMAN 3. EXHIBITS: ENDORSEM. E~ENT [--]~ INFOt~ATION [-] MAYOR ~ ' ~'2___ . APPROVED FOR SUBMITTAL: COUNCIL PRESIDENT 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: Ordinances No. 4771, 4783 and 4784 were appealed to the Central Puget Sound Growth Management Hearings Board, and in a Final Decision and Order issued on July 29, 2002, the Board determined that the City's adoption of Ordinance Nos. 4771, 4783 and 4784 did not comply with the requirements of RCW 36.70A. 130 providing that the Comprehensive Plan be amended not more frequently than once a year. The proposed ordinance repeals Ordinance No. 4771 and companion Ordinance 4772 to bring the City back into compliance with the requirements of the Growth Management Act. ~ ~ ~ -~.e4~, 7. NOTICE OF ACTION: PULLED [] TABLED ["-] APPROVED COUNCIL DIRECTIVE: THIRD READING 6. RESPONSIBLE OFFICIAL: Roger A. Lubovich ENFORCEMENT OFFICIAL: Chris Hugo EXPIRATION DATE: , REVIEW DATE: ~ I DISAPPROVED [-'] AMENDE : 8. AGENDA BILL NO.: 0,~ -" / ~ [ 9. IMPACT OF NON-PASSAGE: If the attached ordinance is not passed, the City will be in violation of the Growth Management Hearing Board's Final Decision and Order entered on June 29, 2002. 10. IMPACT ON STAFFING, BUDGETS~ FACILITIES~ EQUIPMENT OR OTHER RESOURCES: None. 11. RESEARCH SOURCES: ORDINANCE NO. /~ ~.~/, 3 AN ORDINANCE of the City Council of the City of Bremerton, Washington, 1) repealing Ordinance No. 4771, which added a new plan element policy to the Comprehensive Plan to allow the front yard setback of new residential development to reflect the established setbacks of existing structures along the same street frontage, 2) repealing Ordinance No. 4772, which added a new policy to the Comprehensive Plan to promote the reuse of public and semi- public buildings that are no longer needed to serve their original primary purpose, and 3) reaffirming the adoption of Ordinance Nos. 4783 and 4784, which amended the City's Comprehensive Plan with downtown development goals and policies to the C-1 Central Business District Sub-area Plan of the Central Bremerton Sector of the Land Use Element as well as making various Comprehensive Plan Map amendments and further amending the City's Zoning Map to maintain consistency with the Comprehensive Plan pursuant to the Land Use Plan 2001 annual update. WHEREAS, on August 2001, the Bremerton City Council adopted Ordinance Nos. 4771 and 4772, following two public hearings before the Council; and WHEREAS, Ordinance No. 4771 amended the Bremerton Comprehensive Plan to include a new Plan Element policy to allow the front yard setback of new residential development to reflect the established setbacks of existing structures along the same street frontage in order to promote in-character, urban infill development and efficient use of land; and WHEREAS, Ordinance No. 4772 amended the Bremerton Comprehensive Plan, Element E. Land Use, Section 3.A., to add a new policy to promote the reuse of public and semi- public buildings that are no longer needed to serve their original primary purpose, provided that the new use is consistent with the surrounding planned environment; and WHEREAS, on November 28, 2001, the Bremerton City Council adopted Ordinances No. 4783 and 4784, following two pub~lic hearings before the Council; and 1 Comp Plan Ordinance Repeal WHEREAS, Ordinance No. 4783 amended the Bremerton Comprehensive Plan with five (5) amendments to the land use plan map and the addition of Downtown Development Goals and Policies to the C-1, Central Business District sub-area plan of the Central Bremerton Sector of the Land Use Element (pp. 56-9), and added an illustrated plan map; and WHEREAS, Ordinance No. 4784 amended the City's Official Zoning Map to maintain consistency with the Bremerton Comprehensive Plan, pursuant to Land Use Plan 2001 annual amendments; and WHEREAS, Ordinances No. 4771, 4783 and 4784 were appealed to the Central Puget Sound Growth Management Heatings Board, and in a Final Decision and Order issued on July 29, 2002, the Board determined that the City's adoption of Ordinance Nos. 4771, 4783 and 4784 was clearly erroneous and did not comply with the comply with the requirements of RCW 36.70A.130; and WHEREAS, the City was directed by the Board to take appropriate legislative action to "reaffirm, repeal, amend or otherwise comply with the requirements of RCW 36.70A. 130;" and WHEREAS, the City's understanding of the Board's decision is that the adoption of the appealed ordinances did not comply with RCW 36.70A. 130 because the City was found to have amended the Bremerton Comprehensive Plan more than once a year, and the amendments were not those listed as exceptions in RCW 36.70A. 130(2)(a)(i), (ii) or (iii); and WHEREAS, the City also performed a new analysis under the Growth Management Act as to the need for the amendments included in Ordinance No. 4771 to be included in the comprehensive plan, and concluded that it was not necessary to adopt said ordinance as a policy statement under RCW 36.70 ,.A.070; and 2 Comp Plan Ordinance Repeal WHEREAS, the City also concluded that Ordinance No. 4771 had no substantive relationship to the analysis of cumulative effects conducted for the 2001 comprehensive plan amendments; and WHEREAS, the City further concluded that if Ordinance No. 4771 was repealed, then Ordinances 4783 and 4784 would be consistent with the requirements of the Growth Management Act, as both Ordinances 4783 and 4784 were reviewed and adopted together and would meet the requirements of RCW 36.70.130; and WHEREAS, in order to comply with the Board's decision, the City Council proposes to repeal Ordinance No. 4771 and finds that it is not necessary to readopt it given that there are regulations relating to front yard setbacks in Bremerton Zoning Code and that these regulations are not inconsistent with the comprehensive plan; and WHEREAS, even though Ordinance No. 4772 was not considered by the Board as a part of its decision, the City desires to demonstrate good faith in compliance with the Board's decision, and to prevent any future confusion whether Ordinance No. 4772 complies with the Growth Management Act since Ordinance No. 4772 was adopted at the same time as Ordinance No. 4771, the City chooses to repeal it and finds that it is not necessary to readopt it given that there are regulations relating to the use and reuse of public and semi-public buildings in the Bremerton Zoning Code and that these regulations also are not inconsistent with the comprehensive plan; and WHEREAS, the City's SEPA Responsible Official has reviewed this ordinance and determined that it is exempt from SEPA under WAC 197-11-800(20); and WHEREAS, public hearings were held on this Ordinance by the City Council during its regular meetings on October 9, 2002, O~ober 16, 2002 and October 23, 2002; NOW, THEREFORE, '~ 3 Comp Plan Ordinance Repeal THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Ordinances No. 4771 and 4772 are hereby repealed in their entirety and are of no further effect. Council. SECTION 2. Ordinances No. 4783 and 4784 are hereby re-affirmed by the City SECTION3. The City Clerk is hereby directed to send a certified copy of this Ordinance to the Central Puget Sound Growth Management Hearings Board and to the Washington State Office of Community Development, as required by RCW 36.70A. 106. SECTION 4. Severabilitv. If any one or more sections, subsections, or sentences of this Ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Ordinance and the same shall remain in full force and effect. SECTION 5. Effective Date. This Ordinance shall take effect and be in force ten (10) days from and after its passage, approval and publication as provided by law. APPROVED by the City Council the PASSED by the City Council the day of ,2002 day of ,2002 CAROL ARENDS, Council President Approved this day of , ,2002 CARY BOZEMAN, Mayor 4 Comp Plan Ordinance Repeal ATTEST: APPROVED AS TO FORM: KATHLEEN MCCLUSKEY, City Clerk ROGER A. LUBOVICH, City Attorney PUBLISHED the EFFECTIVE the ORDINANCE NO. day of day of RSLEGAL\Ordinances\Community Development\Comp Plan Ord Repeal.doc ,2002 ,2002 5 Comp Plan Ordinance Repeal AGENDA BILL BREMERTON CITY COUNCIL SUBJECT: ORDINANCE NO. q ~ ] ~ 2003 - 2008 SIX-YEAR TRANSPORTATION IMPROVEMENT PLAN FOR AGENDA OF: October ~,, 2002 ORIGINATING DEPT: PW&U Engineering Division_ ORIGINATOR: Michael C. Mecham, City Engine _f~t~ DATE SUBMITTED: September 25, 200~ 2. CLEARANCES: (comment on back Director, Public Works/Utilities City Attorney Director, Community Development ' Council Budget & Finance Committee Operations Committee ENDORSEM~) EXHIBITS A. Six-Year Transportation Improvement Plan. B. Ordinance # ~L4i~, . APPROVED BY COUNCIL PRESIDENT FOR SUBMITTAL: COUNCIL PRESIDENT d~/~(..~ SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: The Six-Year Transportation Improvement Plan is prepared pursuant to RCW 35.77.010 and RCW 36.81.121. The Plan is updated annually and filed with the Secretary of Transportation, Department of Transportation, Local Programs Office. It is intended as a planning tool for the local, State and Federal transportation funding entities. The attached plan has been prepared for City Council approval by Ordinance and will be submitted to the Washington State Department of Transportation. 8. RECOMMENDATION: B. Motion to ~Ordin~ce ~ ~/'~, which approves the City's 2003-2008 Six-Ye~ Transportation ~provement Pro~, ~d direct the Mayor to fo~d the Ordin~ce ~d PI~ to the D~ment of Tr~sponation, Local Pro~s O~ce. 9. RESPONSIBLE OFFICIAL: ENFORCEMENT OFFICIAL: EXPIRATION DATE: REVIEW DATE: City Engineer N/A PULLED TABLED COUNCIL DIRECTWE 10. NOTICE OF ACTION APPROVED DISAPPROVED 11. AGENDA BILL NO: 0k- i q ~ 2. CLEARANCE COMMENTS: 5. IMPACT ON NON-PASSAGE: Annual adoption of a Six-Year Transportation Improvement Plan for the City is required by State law and is a requirement to receive certain State and Federal Transportation funds. Non-passage would violate the law and jeopardize funding. 6. IMPACT ON STAFFING~ BUDGETS~ FACII,ITIES~ EQUIPMENT OR OTHER RESOURCES: RESEARCH SOURCES ab, Agenda Bills 2002, Six Yr TIP 2003 - 2008 ORDINANCE NO. ~i~, AN ORDINANCE relating to the 2003 - 2008 Six-Year Transportation Improvement Plan. Whereas, the City of Bremerton has reviewed the work accomplished under its Comprehensive Arterial Street Construction Program and determined current City street needs; and, Whereas, the City Council caused to be prepared a revised and extended Six- Year Transportation Improvement Plan for the period of January 1, 2003, to December 31,2008, and after public hearing thereon approved the same; NOW, THEREFORE, THE CITY OF BREMERTON DOES HEREBY ORDAIN: Section 1. That the revised and extended Six-Year Transportation Improvement Plan 2003-2008 is hereby adopted for the period of January 1, 2003, to December 31,2008. Section 2. Effective Date. This ordinance shall become effective ten days after passage and publication. APPROVED by the City Council of the City of Bremerton this ,2002. day of PASSED by the City Council of the City of Bremerton this day of ,2002. CAROL ARENDS, Council President APPROVED by this day of ,2002. CARY BO~MAN, Mayor ATTEST: APPROVED AS TO FORM: KATHLEEN MCCLUSKEY, City Clerk ROGER A. LUBOVICH, City Attorney DEPARTMENTAL APPROVAL: W. EUGENE SAMPLEY Director of Public Works and Utilities PUBLISHED the EFFECTIVE the ORDINANCE NO. day of day of .,2002 ,2002 C C 57 C AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: Public hearing and ordinance regarding amendments to BMC 21.02 Zoning Code to provide for Senior Housing projects FOR AGENDA OF: Oct. 23, 2002 ORIGINATING DEPT: Community De/y.3. ORIGINATOR: Chris Hugo, Dir.- DATE SUBMITTED: Oct. ? , 2002 2. CLEARANCES: (cornme/qp~back 3. ^ min e i es Legal ~~__~-~- ff ~/ F~scal / Budget HEARD 10/~ Operations HEARD 10/07/02 EXHIBITS: Proposed ordinance ~~PRESIDENT 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: Currently, nearly 20% of Bremerton citizens are 55 and older, and this percentage is expected to increase to 30% over the next generation. The Bremerton Municipal Code includes no provisions for senior housing projects designed for this specific population. The proposed code amendments provide opportunity to develop housing projects designed for the housing needs and lifestyles of seniors while insuring that the projects are compatible with the surrounding neighborhood. This initiative is also complementary to the housing goal of the Growth Management Act that directs local governments to meet the housing needs of all segments of society. 8. RECOMMENDATION: Motion to approve Ordinance Motion to pass Ordinance on first reading. on second reading. 9. RESPONSIBLE OFFICIAL: Director of Planning and Building ENFORCEMENT OFFICIAL: Director of Planning and Buildilag EXPIRATION DATE: REVIEW DATE: 10. NOTICE OF ACTION PULLED_ TABLED_ APPROVED_ DISAPPROVED_ AMENDED COUNCIL DIRECTIVE: DATE: 11. AGENDA BILL NO: [)R "- /~,' ~ 2. CLEARANCE COMMENTS (cont.): 4. SUMMARY STATEMENT (cont.): 5. IMPACT ON NON-PASSAGE: The rejection of this proposed ordinance will limit the opportunity to create special housing projects for seniors in residential neighborhoods. 6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES There will be no impacts on City resources if this ordinance is adopted. 7. RESEARCH SOURCES and ORDINANCE NO. AN ORDINANCE of the City Council of the City of Bremerton, Washington, amending Section 21.02.070 of the Bremerton Municipal Code relating to definitions and adding a new Section 21.02.305 to the Bremerton Municipal Code providing for senior housing complexes pursuant to a Type III special use permit in residential zones. WHEREAS, there is a need for the establishment of senior housing in the City; WHEREAS, the current provisions of Section 21.02 of the Bremerton Municipal Code do not contain provisions relating to the zoning requirements of senior housing complexes; and WHEREAS, the proposed zoning code amendment provides that senior housing complexes would be permitted in any zone that allows residential uses pursuant to certain standards and criteria through a special use permit; and WHEREAS, the Planning Commission conducted a public hearing on the subject zoning code amendment on June 25, 2002 and has recommended approval of that amendment; and WHEREAS, the Bremerton City Council conducted public hearings to accept public comments pertaining to the proposed amendment to consider the Planning Commission recommendation; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: Senior Housing SECTION 1. Section 21.02.070 of the Bremerton Municipal Code entitled "Definitions" is hereby amended by adding definitions for "senior citizens" and "senior housing complex" to be inserted in said section in alphabetical order and to read as follows: SENIOR CITIZEN means an individual of 55 years of age or older. SENIOR HOUSING COMPLEX means a planned residential community, intended and operated for occupancy by senior citizens, which consists of any mix of detached single family or duplex dwellings and / or retirement apartments, wherein, at least 80% of the occupied units are occupied by at least on Senior Citizen. SECTION2. A new section, Section 21.02.305, entitled "Senior Housing Complexes is hereby added to the Bremerton Municipal Code to read as follows: 21.02.305 Senior Housing Complexes (a) Senior housing complexes may be allowed by a Type III special use permit in any zone that includes residential uses, subject to the following standards and criteria: (1) (2) (3) (4) area contiguous to the site must have direct access to an arterial street; the minimum site area shall be no less than two (2) acres; any structures shall not exceed the height limit of the underlying zone; a minimum of one parking space, located in a garage, carport or parking the unit, shall be provided for each dwelling unit; (5) with the exception of a community building / clubhouse for the exclusive use of complex residents, any accessory support use shall be located within a structure containing residential units and shall feature no exterior signage; (6) the overall density of the project shall not exceed the maximum density permitted in an underlying residential zone; (7) either attached or detached struc~re types are permitted and dwelling units may be owned by individuals or occupied as rentals; Senior Housing (8) access to alternative transportation such as public transit or on-site shuttle services to access daily goods and services shall be demonstrated in the development plan; and (9) the applicant shall record a management agreement or covenants on individual properties to maintain the complex as a senior citizen complex. SECTION 3. Severabilit¥. If any one or more sections, subsections, or sentences of this Ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Ordinance and the same shall remain in full force and effect. SECTION 4. Effective Date. This ordinance shall take effect and be in force ten (10) days from and after its passage, approval and publication as provided by law. APPROVED by the City Council the PASSED by the City Council the day of ,2002 day of ,2002 CAROL ARENDS, Council President Approved this day of ,2002 CARY BOZEMAN, Mayor ATTEST: APPROVED AS TO FORM: KATHLEEN MCCLUSKEY, City Clerk PUBLISHED the EFFECTIVE the ORDINANCE NO. ROGER A. LUBOVICH, City Attorney day of ,2002 day of ,2002 3 Senior Housing AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: PUBLIC HEARING ON FOR AGENDA: October 23 and October 30, 2002 ORDINANCE RELATING TO INSURANCE ORIGINATING DEPT: City Attorney REQUIREMETNS FOP, ISSUANCE OF A PERMIT ORIGINATOR: Roger A. Lubovich FOR WORKING WITHIN A CITY RIGHT-OF- DATE SUBMITTED: October 10, 2002 WAY 2.._,CLEARANCES:-~ (Comment on back if necessary) RO~Q~..R~.A. LUB~0VIU~, City Att~~ FISCAL & BUD~EL~A~AN OPE~TIONS"CHA~AN 3. EXHIBITS: PROPOSED ORDINANCE ENDORSEM~_E~?[~] ,, '~O~RtMPcTION [-"] APPROVED FOR SUBMITTAL: xx'/;~-7-> _~COUNCIL PRESIDENT ' .~z.: .... C ' 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: The current provisions of Section 11.02.230 BMC relating to insurance requirements for issuing a permit to work within or use a City tight-of-way may result in an unnecessary hardship for Bremerton residents. The proposed ordinance updates the provisions of Section 11.02.230 allowing the Director of Public Works and Utilities to exercise discretion when requiting insurance for right-of-way permits issued to residents. 5. RECOMMENDATION: Move to approve the proposed ordinance on first reading Move to pass Ordinance No. on second reading 7. NOTICE OF ACTION: PULLED [-1 TABLED [--] COUNCIL DIRECTIVE: 6. RESPONSIBLE OFFICIAL: Roger A. Lubovich ENFORCEMENT OFFICIAL: Director of Public Works & Utilities EXPIRATION DATE: n/a REVIEW DATE: n/a APPROVED[--] DISAPPROVED AMENDEg~: ge AGENDA BILL NO.: 9. IMPACT OF NON-PASSAGE: 10. IMPACT ON STAFFING~ BUDGETS~ FACILITIES: EQUIPMENT OR OTHER RESOUR(~ES: 11. RESEARCH SOURCES: ORDINANCE NO. AN ORDINANCE of the City Council of the City of Bremerton, Washington, amending Section 11.02.230 of the Bremerton Municipal Code relating to insurance requirements for issuance of a permit for working within or using a City of Bremerton right-of-way. WHEREAS, the current provisions of Section 11.02.230 of the Bremerton Municipal Code relating to insurance requirements for issuing a permit to work within or use a City right-of-way may result in an unnecessary hardship for Bremerton residents; and WHEREAS, the City Council desires to update the provisions of Section 11.02.230 in order to allow the Director of Public Works and Utilities to exercise discretion when requiring insurance for right-of-way permits issued to residents; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Section 11.02.230 of the Bremerton Municipal Code entitled "Insurance" is hereby amended to read as follows: A. General Provision. Before any permit is granted to any person, firm or corporation, for the work within or use of the right-of-way, such person, firm or corporation shall secure and deliver to the City and file with the r~:~,, ~:~ ~: .... · .~.; ~..~ ...... Director a copy of comprehensive general liability insurance in the sum of Five Hundred Thousand Dollars ($500,000.00) for bodily damage and property. The City shall be listed as an additional insured on the policy. Alternate methods of meeting these insurance requirements must be approved by the City Risk Manager. B. Limited Exception. A homeowner or tenant who repairs t~e s:.~ewall~ repairs, constructs, or uses the right-of-way fronting his/l~r residence and who, in the case of repair or construction, performs all the labor him/herself, shall not be required to obtain insurance as set 1 Right-of-Way Use - Insurance forth in subsection A. Prior to the issuance of such a permit, the homeowner or tenant shall be required to provide proof of homeowners or renters insurance in the amount of at least $100,000.00 for bodily damageinjury and property damage unless, in the Director's discretion, this requirement is waived after consideration of the nature of the proposed use or work and the need to reasonably protect the City's interest as well as the health, safety, and welfare of the public. SECTION 2. Severabili~_. If any one or more sections, subsections, or sentences of this Ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Ordinance and the same shall remain in full force and effect. SECTION 3. Effective Date. This ordinance shall take effect and be in force ten (10) days from and after its passage, approval and publication as provided by law. APPROVED by the City Council the PASSED by the City Council the day of ,2002 day of .,2002 Approved this day of CAROL ARENDS, Council President ,2002 ATTEST: CARY BOZEMAN, Mayor APPROVED AS TO FORM: KATHLEEN MCCLUSKEY, City Clerk PUBLISHED the day of EFFECTIVE the day of ORDINANCE NO. RALEGAL\Ordinances~BMC 11.02.230 - Right of Way Ins.doc 2 ROGER A. LUBOVICH, City Attorney 2002 2002 Righ~of-WayUse-lnsurance AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: PUBLIC HEARING ON FOR AGENDA: October 23 and October 30, 2002 ORDINANCE CREATING A NEW CH. 1.04 OF ORIGINATING DEPT: CITY ATTORNEY THE BMC ESTABLISHING A FRAMEWORK FOR ORIGINATOR: ROGER A. LUBOVICH CODE ENFORCEMENT DATE SUBMITTED: 2. CLEARANCES: (Comment on back if necessary) OPERATIONS CHAIRMAN 3. EXHIBITS: ORDINANCE MEMORANDUM TO CITY COUNCIL ENDORSEM~N.T~ ~ r' ..... ~-.~...~ORMATION [--] APPROVED FOR SUBMITTAL: COUNCIL PRESIDENT ~ ~-_~.:c 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: The current provisions for code enforcement within the City of Bremerton are not adequate to effectively provide for enforcement of violations of City Codes. The proposed ordinance establishes a framework for code enforcement by adopting new procedures to be used in conjunction with the City's Administrative Hearing Examiner process as established in Chapter 2.13 BMC. 5. RECOMMENDATION: Move to approve the proposed ordinance on first reading. Move to pass Ordinance No. on second reading. 7. NOTICE OF ACTION: PULLED ['~ TABLED ["-] COUNCIL DIRECTIVE: APPROVED 6. RESPONSIBLE OFFICIAL: Roger A. Lubovich ENFORCEMENT OFFICIAL: Roger A. Lubovich EXPIRATION DATE: REVIEW DATE: DISAPPROVED,,<,~, ~] AMENDE~ DE 8. AGENDA BILL NO.: 9. IMPACT OF NON-PASSAGE: 10. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES: 11. RESEARCH SOURCES: IFFllE IF lIE al'Y AITIBIIEr City Council Roger A. Lubovic Code Enforcement Ordinances October 8, 2002 Final dratLs of the numerous code enforcement ordinances have now been completed for Council consideration and adoption. These ordinances include the following: 1. An ordinance creating Chapter 1.04 entitled "Code Enforcement;" 2. An ordinance mending the Building and Fire Codes; 3. An ordinance amending the Zoning Code; 4. An ordinance relating to nuisance vegetation; and 5. An ordinance relating to garbage and refuse. 6. An ordinance relating to public nuisances. These ordinances constitute the first phase of implementation of a new code enforcement program. Additional ordinances will be presented for adoption at a later date. Chapter 1.04 is the backbone of the code enforcement program. This is the enforcement tool that will allow other substantive provisions of the code (i.e., nuisance vegetation) to be enforced. Chapter 1.04 basically provides for prosecution of code violations through the hearing examiner process as a civil matter. The basic elements of Chapter 1.04 are as follows: Allows for a voluntary correction agreement to be entered into for abatement of a code violation. This option will probably not be utilized very often. While most violators receiving a notice of violation will conceivably voluntarily correct the situation, this alternative remains as an option to obtain compliance through a negotiated agreement prior to a hearing. Chapter 1.04 provides for issuance of a notice of violation when a violation is observed or reported. This is the step that will typically start the code enforcement process. The notice will provide the description of the violation, required corrective action, and the time and place such action must be completed. All corrective act~o~must be completed at least 48 hours prior to the scheduled hearing to avoid the heanng and potential assessment of monetary penalties before the hearing examiner. 3. Chapter 1.04 also allows for stop work orders, cease and desist orders, and notices to vacate. MEMORANDUM: (Code EnforceraenO October 8, 2002 Page: 2 The most important feature of Chapter 1.04 is the hearing before the hearing examiner. If the violation is not cured within 48 hours prior to the hearing, the hearing examiner may issue monetary penalties of up to $500 a day ($1,000 a day if a repeat violator). The decision could also direct corrective action and order abatement by the City in the event the corrective action is not completed. 5. Chapter 1.04 provides that the commission ora subsequent violation or the failure to abate following a hearing examiners order shall constitute a misdemeanor. Chapter 1.04 also allows for the assessment of certain liens for cost of abatement as defined in the chapter. The liens would be assessed by the City Council following abatement in the manner currently assessed by the Council. Cost of abatement as well as penalties can also be collected through use of a collection agency. Chapter 1.04 is not the exclusive procedure for enforcing code violations. In lieu of or as an altemative to the hearing before the hearing examiner, the City may file an action in Superior Court. Building and Fire Code. This ordinance amends Chapter 17.04 of the Bremerton Municipal Code relating to the various building codes including the Uniform Code for the Abatement of Dangerous Buildings and Chapter 18.02 of the Bremerton Municipal Code relating to the various fire codes, providing for enforcement for violations of those codes through Chapter 1.04 or prosecution of violations as a misdemeanor. Zoning Code. This ordinance amends Chapter 21.02, the City Zoning Code, to provide for violations to be enforced through Chapter 1.04 or prosecuted as a misdemeanor. In addition, this ordinance modifies the Zoning Code provisions relating to revocation of a land use permit or approval. Nuisance Vegetation. This ordinance amends Chapter 9.14 relating to nuisance vegetation by providing that violation may be enforced by City Council resolution and hearing before the Council or, as an altemative, may be referred to Chapter 1.04 for enforcement by Council resolution or may be enforced directly through Chapter 1.04 without Council initiation or, finally, may be prosecuted as a misdemeanor. There are various methods for enforcing vegetation violation depending on whether liens are to be sought for collection of cost of abatement. Garbage and Refuse. This ordinance amends Chapter 6.04 providing for enforcement of violations of this chapter through Chapter 1.04 or prosecuted as a misdemeanor. Public Nuisances. This ordinance creates a new chapter defining and declaring what constitutes a public nuisance and providing for enforcement through Chapt~ 1.04 or prosecuted as a misdemeanor. Proposals for other code revisions to enhance the code enforcement program will be submitted for consideration in the future. ORDINANCENO. AN ORDINANCE of the City Council of the City of Bremerton, Washington, enacting a new chapter to the Bremerton Municipal Code, Chapter 1.04 entitled "Code Enforcement" establishing a framework for code enforcement by adopting new procedures to be used in conjunction with the city's Administrative Hearing Examiner process as established in chapter 2.13 BMC for the enforcement and abatement of violations of City codes, assessment of monetary penalties, costs of enforcement and costs of abatement and the collection of such penalties and costs. WHEREAS, the Bremerton Municipal Code contains provisions for enforcement of violations of various City codes; and WHEREAS, the City Council finds that these provisions are not adequate to effectively provide enforcement of violations of City codes; and WHEREAS, the City Council desires to update its policies and procedures for enforcement of code violations by providing a new framework as a tool for more effective and efficient code enforcement in the City; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. A new chapter, Chapter 1.04, entitled "Code Enforcement," is hereby added to the Bremerton Municipal Code to read as follows: CHAPTER 1.04 CODE ENFORCEMENT. 1.04.010 Purpose. The purpose of this chapter is to establish an efficient system to enforce regulations of the city, providing an oppo[tunity for a prompt hearing and decision on alleged violations and establishing penalties for vfolations. This chapter shall apply to all regulations as defined in BMC 1.04.020(m); provided that a regulation that provides for criminal 1 Code Enforcement-Chapter 1.04 penalties in addition to or as an alternative to enforcement under this chapter may, at the discretion of the City, be prosecuted as a criminal violation. 1.04.020 Definitions. As used in this chapter, unless a different meaning is plainly required: (a) Abate means to repair, replace, remove, destroy or otherwise remedy a condition that constitutes a civil violation by such means, in such manner, and to such an extent as the code enforcement officer or the administrative hearing examiner determines is necessary in the interest of the general health, safety and welfare of the community. (b) Act means doing or performing something. (c) Administrative hearing examiner means the Administrative Hearing Examiner and the office thereof established pursuant to Chapter 2.13, BMC. (d) City means City of Bremerton. (e) Civil violation or violation means an act or omission contrary to a regulation as defined in subsection (m) of this section. A violation continues to exist until abated and each day, or a portion thereof, that a violation exists constitutes a separate and distinct offense. (f) Code enforcement officer means the City's code enforcement officers or any other person or persons assigned or directed by the Mayor, or his or her designee, to enforce the regulations subject to the provisions of this chapter. (g) Costs of abatement. The costs of any abatement action taken by the City to abate the violation using lawful means in the event that the person responsible for the violation fails so to do. The term includes incidental expenses including, but not limited to, personnel costs, both direct and indirect and including attorney's fees; costs incurred in documenting the violation; hauling, storage and disposal expenses; and actual costs and expenses of the City in preparing notices, specifications and contracts, and in accomplishing and/or contracting and inspecting the work; the costs of any required printing and mailing; and costs of enforcement. (h) Costs or costs of enforcement means costs incurred related to enforcement under this chapter, including, but not limited to costs of service of notice, costs of the hearing, administrative costs established by resolution for qnforcement of garbage and refuse and nuisance vegetation violations, as well as other administrative costs. (i) Omission means a failure to act. 2 Code Enforcement-Chapter 1.04 (j) Person means any individual, firm, association, partnership, corporation or any entity, public or private. (k) Person responsible for the violation or person who violates means, unless otherwise defined, any person who has titled ownership of the property or structure which is subject to the regulation, an occupant in control of the property or structure which is subject to the regulation, a developer, builder, or business operator or owner who is developing, building, or operating a business on the property or in a structure which is subject to the regulation and/or any person who created the violation or any person who has control over the property and allows the violation to continue. (1) Property or premises means any building, lot, parcel, real estate or land or portion of land whether improved or unimproved, including adjacent sidewalks, public rights-of-way, and parking strips and any lake, river, stream, drainage way or wetland. (m) Regulation means and includes the following, as now enacted or hereafter amended: 1. All Bremerton city code provisions making reference to this chapter; 2. All standards, regulations and procedures adopted by the city that make reference to this chapter; and 3. The terms and conditions of any permit or approval issued by the city, or any concomitant agreement with the city pursuant to code provisions that make reference to this chapter. (n) Repeat violation means two or more violations of the same regulation in any location by the same person for which voluntary compliance previously has been sought within two (2) years or for which a notice of civil violation has been issued within two (2) years. 1.04.030 Voluntary correction. (a) Applicability. The provisions of this section may be utilized whenever the code enforcement officer or administrative hearing examiner determines that a violation of a regulation has occurred or is occurring. (b) General. Prior to the issuance of ~notice of violation, the code enforcement officer may, at his or her discretion, attempt to secure the voluntary correction of a violation of a regulation by contacting the person responsible for the violation, explaining the violation, and 3 Code Enforcement-Chapter 1.04 requesting correction. The failure of the code enforcement officer to seek voluntary correction shall not invalidate any code enforcement action taken by the code enforcement officer or the City of Bremerton. (c) Issuance of voluntary correction agreement. A voluntary correction agreement may be entered into between the person responsible for the violation and the city, acting through the code enforcement officer. (d) Content of Agreement. The voluntary correction agreement is a contract between the city and the person responsible for the violation under which that person agrees to abate the violation within a specified time and according to specified conditions. The voluntary correction agreement shall include the following: 1. The name and address of the person responsible for the violation; and 2. The street address or a description sufficient for identification of the building, structure, premises, or land upon or within which the violation has occurred or is occurring; and 3. A description of the violation and a reference to the regulations which have been violated; and 4. An acknowledgement by the person responsible for the violation that the violation described in the correction agreement exists. 5. The necessary corrective action to be taken, the date or time by which correction must be completed, and an acknowledgement by the person responsible for the violation that he or she will correct the violation within the time specified in the voluntary correction agreement; and 6. Acknowledgement by the person responsible for the violation that the city may inspect the premises as may be necessary, during reasonable times, to determine compliance with the voluntary correction agreement; and 7. Acknowledgement by the person responsible for the violation that the city may abate the violation and recover its costs and expenses of enforcement and abatement and/or a monetary penalty pursuant to this chapter from the person responsible for the violation if the terms of the voluntary correction agreement are n.0t met; and 4 Code Enforcement-Chapter 1.04 8. The time and place for a hearing before the administrative hearing examiner in the event that the alleged violation is not abated by the person responsible for the violation. (e) Extension; modification. An extension of the time limit for correction or a modification of the required corrective action may be granted by the code enforcement officer if the person responsible for the violation has shown due diligence and/or substantial progress in correcting the violation but unforeseen circumstances render correction under the original conditions unattainable. (f) Abatement by the city. In addition to any other remedy provided for in this Chapter, the City may seek abatement of the violation in accordance with BMC 1.04.110 if the terms of the voluntary correction agreement are not met. (g) Penalties and costs. If the terms of the voluntary correction agreement are not met, the person responsible for the violation may be assessed a monetary penalty plus all costs of enforcement pursuant to BMC 1.04.090 and costs of abatement pursuant to BMC 1.04.110. 1.04.040 Notice of civil violation. (a) Issuance of Notice of Violation. When the code enforcement officer determines that a violation has occurred or is occurring, and does not secure voluntary correction pursuant to BMC 1.04.030, the code enforcement officer may issue a notice of civil violation to the person responsible for the violation. (b) Content of Notice. The notice of civil violation shall include the following: 1. The name and address of the person responsible for the violation; and 2. The street address or description sufficient for identification of the building, structure, premises, or land upon or within which the violation has occurred or is occurring; and 3. A description of the violation and a reference to the code provisions and regulations that have been violated; and 4. The required corrective action and the date and time by which the corrective action must be completed; and ~: 5. The date, time and location of a hearing before the administrative hearing examiner; and 5 Code Enforcement-Chapter 1.04 6. A statement indicating that the hearing will be canceled and no monetary penalty will be assessed if the code enforcement officer approves the completed, required corrective action at least forty-eight (48) hours prior to the hearing; and 7. A statement that the costs and expenses of enforcement incurred by the city and a monetary penalty in an amount per day for each violation pursuant to BMC 1.04.090 and costs of abatement pursuant to BMC 1.04.110 may be assessed against the person to whom the notice of civil violation is directed as specified and ordered by the administrative hearing examiner. 8. A statement that the failure to attend the hearing before the administrative hearing examiner may result in a default judgment against the person responsible for the violation, whereby the administrative hearing examiner may enter judgment in favor of the city, assess penalties and costs against the person responsible for the violation, and order the abatement of the violation at the expense of the person responsible for the violation. (c) Extension. Extensions of the time specified in the notice of civil violation for correction of the violation may be granted at the discretion of the code enforcement officer; the city attorney, or his or her designee; or by order of the administrative hearing examiner. (d) Service of notice. The code enforcement officer shall serve or cause to be served the notice of civil violation upon the person responsible for the violation by personal service pursuant to BMC 1.04.040(e)(1), or by mail pursuant to BMC 1.04.040(e)(2). If the person responsible for the violation cannot be reasonably personally served within the City and if an address for mailed service cannot be ascertained, notice shall be served by posting a copy of the notice of civil violation conspicuously on the affected property or structure pursuant to BMC 1.04.040(e)(3) and/or publication pursuant to BMC 1.04.040(e)(4). (e) Methods of Service Defined. The methods of service of notice as used in this Chapter are defined as follows: 1. Personal Service. Personal service on the person responsible for the violation shall mean handing the notice to the person responsible for the violation or leaving it at his or her dwelling house or usual place of abode with some person of suitable age and discretion then residing therein, or leaving it at his or her ofg. ce or place of employment with a person in charge thereof; or 6 Code Enforcement-Chapter 1.04 2. Mailing. Mailing shall mean mailing notice to the last known address of the person responsible for the violation which shall be accomplished by placing one (1) copy of the notice of violation in the mail of the United States by ordinary first class mail, directed to the last known address of the person responsible for the violation, and by placing another copy in the mail of the United States in a form requiring a signed receipt showing when and to whom it was delivered and directed to the last known address of the person responsible for the violation. The last known address shall include the address appearing on the last equalized tax assessment roll of the county assessor; or 3. Posting. Posting shall mean posting a copy of the notice in a conspicuous place on the property, with at least one (1) copy of such notice placed at the entry-way to the property or structure, if an entry-way exists, or other conspicuous place on the property; or 4. Publication. Publication of notice shall mean publication as set forth in RCW 4.28.100. (f) Proof of Service. Proof of service shall be made by a written declaration under penalty of perjury executed by the person effecting the service, declaring the time and date of service, the manner by which the service was made, and if by posting and/or publication in lieu of personal service or mail, the facts showing that due diligence was used in attempting to serve the person personally or by mail. 1.04.050 Stop work order. In addition to any remedy provided for in this chapter, the code enforcement officer may issue a stop work order whenever a violation of a regulation will materially impair the code enforcement officer's ability to secure compliance, or when a violation of the regulation threatens the health, safety, or welfare of any member of the public or occupants of the property. The stop work order shall contain substantially the same information as required by BMC 1.04.040(b) and may be appended to, or incorporate by reference in, a notice of violation. Notice of the stop work order shall be deemed served upon posting of the notice as required by BMC 1.04.040(e)(3), and shall be effective upon service. The violation of a stop work order shall constitute a misdemeanor, punishable by imprisonment in jail for a maximum term fixed by the court of not more tha[i ninety (90) days, or by a fine in an amount fixed by the court of not more than one thousand dollars ($1,000), or by both such imprisonment and fine. 7 Code Enforcement-Chapter 1.04 1.04.060 Cease and desist order. In addition to any remedy provided for in this chapter, the code enforcement officer may issue a cease and desist order whenever a violation of a regulation threatens the health, safety, or welfare of any member of the public or occupants of the property. The cease and desist order shall contain substantially the same information as required by BMC 1.04.040(b), and may be appended to, or incorporate by reference in, a notice of violation. Notice of the cease and desist order shall be deemed served upon posting of the notice as required by BMC 1.04.040(e)(3), and shall be effective upon service. The violation of a cease and desist order shall constitute a misdemeanor, punishable by imprisonment in jail for a maximum term fixed by the court of not more than ninety (90) days, or by a fine in an amount fixed by the court of not more than one thousand dollars ($1,000), or by both such imprisonment and fine. 1.04.065 Notice to Vacate. In addition to any remedy provided for in this chapter, the code enforcement officer may issue a notice to vacate whenever a violation of a regulation results in a condition as to make it immediately dangerous to life, limb, property or safety of the public or occupants of the property. The notice to vacate shall contain substantially the same information as required by BMC 1.04.040(b), and may be appended to, or incorporate by reference in, a notice of violation. Notice of the notice to vacate shall be deemed served upon posting of the notice as required by BMC 1.04.040(e)(3), and shall be effective upon service. The violation of a notice to vacate shall constitute a misdemeanor, punishable by imprisonment in jail for a maximum term fixed by the court of not more than ninety (90) days, or by a fine in an amount fixed by the court of not more than one thousand dollars ($1,000), or by such imprisonment and fine. 1.04.070 Removal of stop work, cease and desist order, or notice to vacate - misdemeanor. The removal of a stop work order or cease and desist order posted in conformity with the requirements of BMC 1.04.050 or BMC 1.04.060, without the authorization of the code enforcement officer or administrative hearing examiner, shall constitute a misdemeanor, punishable by imprisonment in jail for a maximum term fixed by the court of not more than 8 Code Enforcement-Chapter 1.04 ninety (90) days, or by a fine in an amount fixed by the court of not more than one thousand dollars ($1,000), or by both such imprisonment and fine. 1.04.080 Hearing before the Administrative Hearing Examiner. (a) Notice. A person to whom a notice of civil violation is issued will be scheduled to appear before the administrative hearing examiner not less than ten (10) calendar days from the date of service of the notice of violation or entrance into a voluntary correction agreement. In the event that the hearing is held after the person responsible for the violation enters a voluntary correction agreement, the date of the hearing shall be the date specified in the voluntary correction agreement. An extension for the time for compliance with the correction requirements of a notice of violation or a voluntary correction agreement, as well as the date and time for a hearing before the administrative hearing examiner, may be granted at the discretion of the code enforcement officer; the city attorney, or his or her designee; or the administrative hearing examiner. (b) Prior correction of violation. The hearing will be canceled and no monetary penalty will be assessed if the code enforcement officer or the city attorney, or his or her designee, approves the completed corrective action at least forty-eight (48) hours prior to the scheduled hearing. (c) Procedure. Except as otherwise provided for herein, the administrative hearing examiner shall conduct a hearing on the civil violation pursuant to Chapter 2.13 BMC. The city and the person to whom the notice of civil violation was directed may participate in the hearing and each party, or its legal representatives, may call witnesses and present evidence. The city shall have the burden of proving, by a preponderance of the evidence, that a violation has occurred and that the corrective action required by the code enforcement officer is reasonably calculated to correct the violation. Formal rules of evidence shall not apply to any such hearing. (d) Decision of the administrative hearing examiner. 1. In the event that the administrative hearing examiner determines that a violation occurred or is occurring, the administrative hearing examiner shall issue an order to the person responsible for the violation which contai~ the following information: a. The decision regarding the alleged violation including findings of fact and conclusions based thereon in support of the decision; 9 Code Enforcement-Chapter 1.04 b. The required corrective action; c. The date and time by which the correction must be completed; d. The monetary penalties and costs of enforcement, if any, assessed pursuant to BMC 1.04.090 and costs of abatement, if any, assessed pursuant to BMC 1.04.110; e. The date and time after which the city may proceed with abatement of the unlawful condition if the required correction is not completed. (e) Notice of decision. The administrative hearing examiner shall mail a copy of the decision by first class regular mail to the person to whom the notice of a civil violation was issued and to the code enforcement officer within ten (10) working days of the hearing, unless the administrative hearing examiner determines that more time is necessary. (f) Failure to appear. If the person to whom the notice of civil violation was issued fails to appear at the scheduled hearing, the administrative hearing examiner may issue at the City's request, or upon his or her own ruling, an order of default, assess the appropriate penalty and costs pursuant to BMC 1.04.090 and order abatement of the violation at the expense of the person responsible for the violation. The City may serve notice of the default and penalty and cost assessment on the person responsible for the violation and enforce the administrative hearing examiner's order and recover all costs of abatement, related costs of enforcement, including the cost of the hearing and any monetary penalty from that person. Within seven (7) days after service of the default order, the party against whom it was entered may file a written motion requesting that the order be vacated. The Administrative hearing examiner may, at his or her discretion, based upon a showing of good cause, vacate the order of default, and schedule the matter for hearing. In the event that the default order is vacated, the person against whom it was entered shall pay all costs attributable to his or her failure to appear. (g) Appeal to Superior Court. An appeal of the decision of the administrative hearing examiner must be filed with the Superior Court within twenty-one (21) calendar days of the issuance of the decision. 1.04.090 Violations - Monetary penalty and costs. (a) Assessment of monetary penalty. ~he administrative hearing examiner shall, upon finding that a violation of a regulation has occurred, assess a monetary penalty in an amount of five hundred dollars ($500) for each violation. Each day, or a portion thereof, that a violation 10 Code Enforcement-Chapter 1.04 exists constitutes a separate and distinct offense for which a monetary penalty may be assessed. The administrative hearing examiner shall have the discretion to assess a lesser amount Per day if he or she believes the situation warrants such. The monetary penalty shall, at the discretion of the administrative hearing examiner, be assessed as of: 1. The date of the issuance of the notice of civil violation; or 2. The date on which the matter was heard by the administrative hearing examiner; or 3. The date upon which the person responsible for the violation is or was to have corrected the violation. (b) Costs. In addition, the administrative hearing examiner may assess costs of enforcement as defined in BMC 1.04.020(h) and costs of abatement as defined in BMC 1.04.020(g). (c) Modification of monetary penalty. Upon a finding that the person responsible for the violation will correct the violation within a reasonable time of the hearing, the administrative hearing examiner may postpone the assessment of the monetary penalty for a reasonable period. If, prior to the expiration of the period of postponement the code enforcement officer or the city attorney or his or her designee is satisfied that the violation has been corrected, the administrative hearing examiner or the city attorney may relieve the person responsible for the violation of the duty to pay all or a portion of the monetary penalty. If, after the period of postponement, the violation has not been corrected, the penalties assessed against the person responsible for the violation shall be assessed from the date of the violation, and payment shall be due. (d) Monetary penalty for repeat violations. The administrative hearing examiner shall, upon finding that a repeat violation as defined in BMC 1.04.020(n) has occurred, assess a monetary penalty in an amount of one thousand dollars ($1000) for each repeat violation, per day, or a portion thereof. The administrative hearing examiner shall have the discretion to assess a lesser amount per day if he or she believes the situation warrants such. (e) Collection of costs and monetary penalties. The costs and monetary penalties assessed pursuant to BMC 1.04.090 constitute a p~rsonal obligation of the person to whom the notice of civil violation is directed or the person responsible for the violation. Any costs or monetary penalties assessed must be paid to the city within ten (10) calendar days from the date 11 Code Enforcement-Chapter 1.04 of mailing of the administrative hearing examiner' s decision or a notice from the city that costs or penalties are due. The city attorney, or his or her designee, is authorized to take legal action to collect the costs or monetary penalties including filing civil actions or turning the matter over to collection pursuant to BMC 1.04.130. (f) Continued duty to correct. Payment of a monetary penalty pursuant to this chap~Ier does not relieve the person responsible for the violation of the duty to correct the violation. 1.04.100. Subsequent repeat violation; failure to abate - misdemeanor. The commission of a subsequent violation or the failure or refusal to abate a violation pursuant to an order of the administrative hearing examiner after receipt of written notice of such order shall constitute a misdemeanor punishable by imprisonment in jail for a maximum term fixed by the court of not more than ninety (90) days or by a fine in an amount fixed by the court of not more than one thousand dollars ($1,000) or by both such imprisonment and fine. The city attorney, or his or her designee, shall, at his or her discretion, have authority to file a subsequent violation as either a civil violation pursuant to this chapter or a misdemeanor. All misdemeanor charges filed under this section shall be filed with the Bremerton Municipal Court and shall bear the signature of the Bremerton city attorney or his or her designee. When the city files a criminal offense pursuant to this subsection, it shall have the burden of proving, beyond a reasonable doubt, that the violation occurred. 1.04.110. Abatement. (a) In general. At the hearing before the administrative hearing examiner, the code enforcement officer or the city attorney or his or her designee may request that an order of abatement issue in the event that the administrative hearing examiner determines that a violation of a regulation exists. The order of abatement shall require the person responsible for the violation to abate the violation and permit the City to abate the violation using lawful means in the event that the person responsible for the violation fails so to do. The City may seek such judicial process as it deems necessary to effect the removal or correction of such condition causing the violation. ,~, (b) Abatement by the City. The City may abate a condition which was caused by or continues to be a civil violation when: 12 Code Enforcement-Chapter 1.04 1. The terms of voluntary correction agreement pursuant to BMC 1.04.030 have not been met; or 2. A notice of civil violation has been issued pursuant to BMC 1.04.040 and a) a hearing has been held pursuant to BMC 1.04.080 and the required correction has not been completed by the date specified in the administrative hearing examiners order or b) a hearing l~as been held by a court of competent jurisdiction and the required correction has not been completed by the date specified in the court's order; or 3. The condition is subject to summary abatement as provided for in BMC 1.04.110(c). (c) Summary Abatement. Whenever any nuisance causes a condition, the continued existence of which constitutes an immediate threat to the public health, safety or welfare or to the environment, the City may summarily and without prior notice abate the condition. Notice of such abatement, including the reason for it shall be given to the person responsible for the violation as soon as reasonably possible after the abatement. No right of action shall lie against the City or its agents, officers, or employees for actions reasonably taken to prevent or cure any such immediate threats, but neither shall the City be entitled to recover any costs incurred for summary abatement, prior to the time that actual notice of same is provided to the person responsible for the violation. (d) Authorized Action by the City. Using any lawful means, the City may enter upon the subject property and may remove or correct the condition which is subject to abatement. The City may seek such judicial process as it deems necessary to effect the removal or correction of such condition. (e) Interference. Any person who knowingly obstructs, impedes, or interferes with the City or its agents, or with the person responsible for the violation in the performance of duties imposed by this Chapter, shall be guilty of a misdemeanor punishable by imprisonment not exceeding 90 days and a fine not exceeding $1,000. (f) Other abatement proceedings not precluded. Nothing in this section shall prohibit the City from pursuing abatement pursuant to any other laws of the State of Washington or the City of Bremerton. · ~? 13 Code Enforcement-Chapter 1.04 1.04.120. Costs of Abatement-Lien. (a) Costs of abatement. The costs and incidental expenses of any abatement action taken by the City as defined in BMC 1.040.020(g), including costs of enforcement set forth in BMC 1.04.020(h), shall become a charge to the person responsible for the violation. These charges may be assessed against the person responsible for the violation or the property upon which the violation occurred. Costs of abatement must be paid to the city within ten (10) calendar days from the date of mailing of notice from the city that the costs are due. The City may use any lawful means to collect charges, including but not limited to those set forth in BMC 1.04.130. The city attorney, or his or her designee, is authorized to take legal action to collect the costs of any abatement. All such costs and expenses shall constitute a lien against the affected property, as set forth in BMC 1.04.120(b). (b) Lien - Authorized. 1. Account of Expense. The code enforcement officer shall keep an itemized account of expense incurred for the cost of abatement of property. Upon completion of the work, the code enforcement officer shall prepare and file with the City Clerk, a report specifying the work done, the itemized total cost of the work, including administrative charge, a description of the property abated, and the name and addresses of the owner or agent, and occupant or tenant if known. 2. Report Transmitted to Council. Upon receipt of the report, the City Clerk shall present it to Council for consideration. The Council shall fix a time, date and place for hearing the report and any protests or objections thereto. The City Clerk shall cause notice of said hearing to be posted upon the property involved, and served by certified mail, postage prepaid, addressed to the owner or agent of the owner, and occupant or tenant if known. If the tenant or occupant is not known, notice shall be sent by first class mail to the occupant of the residence subject to the abatement. Such notice will be given at least ten (10) days prior to the date set for hearing and shall specify the date, hour and place when the Council will hear and pass upon the code enforcement officer report, together with any objections or protests which may be filed as hereinafter provided by any person interested in or affected by the proposed charge. Notice of the hearing shall also be publis ~ed in a newspaper of general circulation in the City of Bremerton when required by law. 14 Code Enforcement-Chapter 1.04 3. Protests and Objections. Any person interested in or affected by the proposed charge may file written protests or objections with the City Clerk prior to the hearing. Each protest must state the grounds of such protest or objection. The Clerk shall present such protests and objections to the Council at the time of the hearing and no other protests or objections will be considered. 4. Hearing. The Council shall hear and pass upon the report of the code enforcement officer, together with objections and protests. The Council may revise or modify the report as it may deem just. When the Council is satisfied with the correctness of the charge, the report, together with the charge, shall be confirmed or rejected. The decision of the Council on the report and the charge, and on all protests or objections, shall be final and conclusive. (c) Assessment against property. The City shall have a lien for the costs and incidental expenses of any abatement as defined in BMC 1.040.020(g), for the cost of any abatement action taken by the City, under this Chapter, against the real property on which the work of abatement was performed as follows: 1. Unfit Structures. Liens established as the result violations of the Uniform Code for the Abatement of Dangerous Buildings as adopted pursuant to BMC 17.04.040 and amended pursuant to BMC 17.04.065 (DBC) shall be assessed pursuant to said code. Pursuant to RCW 35.80.030(1)(h) and as supplemented by the DBC as authorized by RCW 35.80.030(5), both incorporated herein by reference, the lien shall be assessed upon the tax rolls of the subject property and shall be subordinate to all previously existing special assessment liens imposed on the same property and shall be superior to all other liens, except for state and county taxes, with which it shall be on a parity. 2. Garbage. Liens for garbage and rubbish abatement shall be assessed against the subject property pursuant to RCW 35.21.140 and RCW 35.21.150 and shall be prior to all liens filed subsequent to the filing of the notice of lien with the county auditor, except liens of general taxes and local improvements. 3. Nuisance vegetation. Liens for nuisance vegetation abatement, when initiated by city council resolution, whether or not enforced in conjunction with a hearing before the administrative hearing examiner pursuant to ~C 1.04.080, shall be assessed against the subject property pursuant to RCW 35.21.310 and shall be enforced and foreclosed in the manner as provided by law for liens for labor and materials. 15 Code Enforcement-Chapter 1.04 4. Other. Other liens shall be assessed against the subject property as authorized by law or court order. 1.04.130. Collection of penalties and costs. (a) Collection. In addition to, or in lieu of the provisions set forth in this Chapter, the City may, at its option, turn the matter over to collection or commence a civil action in any court of competent jurisdiction to collect costs and expenses of enforcement, costs of abatement incurred by the City to obtain compliance pursuant to this Chapter and/or to collect any penalties that have been assessed. Further, the City Administration, upon concurrence of the City Attorney, may file for injunctive or other civil relief in Superior Court regarding code violations. (b) Use of collection agency. The city, at its discretion, may, pursuant to Chapter 19.16 RCW, use a collection agency for the purposes of collecting penalties assessed pursuant to this chapter. The City shall add a reasonable fee, payable by the person responsible for the debt, to the outstanding debt for the collection agency fee incurred or to be incurred as a result of the use of the collection agency. No debt may be assigned to a collection agency until at least thirty (30) days have elapsed from the time that the City attempts to notify the person responsible for the debt of the existence of the debt and that the debt may be assigned to a collection agency for collection if the debt is not paid. 1.04.140 Additional enforcement procedures. (a) The provisions of this chapter are not exclusive, and may be used in addition to or in conjunction with other enforcement and penalty provisions authorized by the Bremerton City Code or state law. (b) In lieu of and as an alternative to a hearing before the administrative hearing examiner pursuant to BMC 1.04.080, the City may file an action in a court of competent jurisdiction to seek enforcement of a notice of violation issued pursuant to BMC 1.04.040, abatement of the violation pursuant to BMC 1.04.110 and assessment and collection of penalties, costs and abatement as provided for in this Chapter. 1.04.150. Conflicting code provisions. In the event a conflict exists between the enforcement provisions of this chapter and the enforcement provisions of any uniform code, 16 Code Enforcement-Chapter 1.04 statute, or regulation that is adopted in the Bremerton City Code that are subject to the enforcement provisions of this chapter, the enforcement provisions of this chapter will prevail, unless the enforcement provisions of this chapter are preempted or specifically modified by said code, statute, or regulation. 1.04.160. Duty not creating liability. No provision or term used in this title is intended to impose any duty upon the city or any of its officers or employees which would subject them to damages in a civil action. SECTION 2. Severabili~_. If any one or more sections, subsections, or sentences of this Ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Ordinance and the same shall remain in full force and effect. SECTION 3. Effective Date. This ordinance shall take effect and be in force ten (10) days from and after its passage, approval and publication as provided by law. APPROVED by the City Council the PASSED by the City Council the day of ,2002 day of ,2002 Approved this day of CAROL ARENDS, Council President ,2002 ATTEST: KATHLEEN MCCLUSKEY, City Clerk CARY BOZEMAN, Mayor APPROVED AS TO FORM: ROGER A. LUBOVICH, City Attorney 17 Code Enforcement-Chapter 1.04 PUBLISHED the EFFECTIVE the ORDINANCE NO. day of day of R:\LEGAL\Ordinances\Code Enforcement\Code Enforcement-Chapter 1.04.doc ,2002 ,2002 18 Code Enforcement-Chapter 1.04 AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: PUBLIC HEARING ON ORDINANCE RELATING TO PENALTIES FOR VIOLATIONS OF THE CITY BUILDING CODE, THE UNIFORM FIRE CODE, FIRE SPRINKLER CODE, FIRE ALARM CODE, AND FALSE ALARM CODE FOR AGENDA: October 23 and October 30, 2002 ORIGINATING DEPT: CITY ATTORNEY ORIGINATOR: ROGER A. LUBOVICH DATE SUBMITTED: 2. CLEARANCES: (Comment on back if necessary) 3. EXHIBITS: o O ANC . "~RO'~ER A. 9.5..t~.-'OV-i'C--H, City att0m/~ F SCAL & BUDGET CHA AN E~ORSE~ ~; ]"'-T~ATION ~ ~PROVED FOR S~MITTAL:~ 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: The current provisions of Sections 17.04.110 and 18.02.090 BMC do not provide for effective enforcement of violations of the City Building Code, the Uniform Fire Code, Fire Sprinkler Code, Fire Alarm Code, and False Alarm Code. The proposed ordinance amends Sections 17.04.110 and 18.02.090 in order to provide for more effective enforcement of violations through Chapter 1.04 entitled "Code Enforcement." 5. RECOMMENDATION: Move to approve the proposed ordinance on first reading. Move to pass Ordinance No. on second reading. 7. NOTICE OF ACTION: PULLED [--] TABLED ['-] COUNCIL DIRECTIVE: APPROVED [--] 6. RESPONSIBLE OFFICIAL: Roger A. Lubovich ENFORCEMENT OFFICIAL: Roger A. Lubovich EXPIRATION DATE: REVIEW DATE: DISAPPROVED, ~! [--] AMENDED ~~L~ 8. AGENDA BILL NO.: 9. IMPACT OF NON-PASSAGE: 10. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES: 11. RESEARCH SOURCES: ORDINANCE NO. AN ORDINANCE of the City Council of the City of Bremerton, Washington, amending Sections 17.04.110 and 18.02.090 of the Bremerton Municipal Code relating to penalties for violations of the City Building Code, the Uniform Fire Code, Fire Sprinkler Code, Fire Alarm Code, and False Alarm Code, and further amending Section 18.01.100 of the Bremerton Municipal Code to correct a scrivener's error. WHEREAS, the current provisions of Sections 17.04.110 and 18.02.090 of the Bremerton Municipal Code relating to penalties for violations of the City Building Code, the Uniform Fire Code, Fire Sprinkler Code, Fire Alarm Code, and False Alarm Code result in ineffective enforcement of such codes; and WHEREAS, the City Council desires to update the provisions relating to penalties for violations of the foregoing codes in order to provide more effective enforcement of the same including enforcement pursuant to Chapter 1.04 BMC; and WHEREAS, the current provisions of Section 18.01.100 contain a scrivener's error; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Section 17.04.110 of the Bremerton Municipal Code entitled "Penalty for Violations" is hereby amended to read as follows: 17.04.110 o~*T mx~ =c,D Xr~T ,,~T~cViOLATION PENALTY. 1 Building/Fire Codes (a) Any violation of any provision of the City Building Code, Chapter 17.04 BMC, constitutes a civil violation under Chapter 1.04 BMC for which a monetary_ penalty may ~ assessed and abatement may be required as provided therein. (b) In addition to or as an alternative to any other penalty provided in this chapter or by law, any person who violates any provision of the City Building Code, Chapter 17.04 BMC. shall be guilty of a misdemeanor pursuant to Section 1.12.020(2) BMC. SECTION2. Section 18.02.090 of the Bremerton Municipal Code entitled "Penalty for Violations" is hereby amended to read as follows: 18.02.090 o~ ~. I "l'V g~i~l~ I/It'll ,i 'T'l't'~l'~l~ill/ltillerlrfl~ .............................. · ,.,~, - PENALTY. 11,~1 a~. ' (a) ~y violation of ~y provision of the Unifom Fire Code, Fire Sp~nkler Cod~, Fire A]~ Code, or False AI~ Code consti~tes a civil violation ~der Chapter 1.04 BMC f~ which a monet~ penalty may be assessed ~d abatement may be required as provided therein. (b) h addition to or ~ ~ alternative to ~y other penalty provided in ~is chapt~ or by law, ~y person who violates ~y of the provisions of the Unifo~ Fire Code, Fire Sphnkler Code, Fire A]~ Code, or False A]~ Code shall be ~ilty of a misdemeanor p~su~t to Section 1.12.020{2) BMC. SECTION 3. Section 18.01.100 of the Bremerton Municipal Code entitled "Appeals" is hereby amended to read as follows: t-8d}-h-tO018.02.100 APPEALS. Appeals of administrative determinations a~plying the Uniform Fire Code, City of Bremerton Fire Sprinkler Code, City of Bremerton Fire Alarm Code and City of Bremerton False 2 Building/Fire Codes Fire Alarm Code shall be heard by the Administrative Hearing Examiner pursuant to Chapter 2.13 BMC. SECTION 4. Severabili~_. If any one or more sections, subsections, or sentences of this Ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Ordinance and the same shall remain in full force and effect. SECTION 5. Effective Date. This ordinance shall take effect and be in force ten (1 O) days from and after its passage, approval and publication as provided by law. APPROVED by the City Council the PASSED by the City Council the day of ,2002 day of ., 2002 Approved this day of CAROL ARENDS, Council President ,2002 ATTEST: CARY BOZEMAN, Mayor APPROVED AS TO FORM: KATHLEEN MCCLUSKEY, City Clerk ROGER A. LUBOVICH, City Attorney PUBLISHED the EFFECTIVE the ORDINANCE NO. day of ,2002 day of .,2002 R:\LEGAL\Ordinances\Code Enforcement~Building-Fire Codes.doc 3 Building/Fire Codes AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: PUBLIC HEARING ON FOR AGENDA: October 23 and October 30, 2002 ORDINANCE RELATING TO ENFORCEMENT OF ORIGINATING DEPT: CITY ATTORNEY VIOLATIONS OF THE ZONING CODE ORIGINATOR: ROGER A. LUBOVICH DATE SUBMITTED: 2. CLEARAN~ CES: (Comment on back if necessary) '~i~GE_R A. L. UB..OVICH, City A2~ey FISCAL & BU~GET/CI-I~AN ENDORS;~iq'[" ~ MAYOR 3. EXHIBITS: ORDINANCE 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: The current provisions of Sections 21.02.940 and 21.02.945 BMC result in ineffective enforcement of violations of the City's Zoning Code. The proposed ordinance updates these sections in order to provide for more effective enforcement of violations of the Zoning Code through Chapter 1.04 entitled "Code Enforcement." 5. RECOMMENDATION: Move to approve the proposed ordinance on first reading. Move to pass Ordinance No. on second reading. 7. NOTICE OF ACTION: PULLED [] TABLED COUNCIL DIRECTIVE: APPROVED [-'] 6. RESPONSIBLE OFFICIAL: Roger A. Lubovich ENFORCEMENT OFFICIAL: Roger A. Lubovich EXPIRATION DATE: REVIEW DATE: DISAPPROVED AMENDEDqD~ 8. AGENDA BILL NO.: q7 9. IMPACT OF NON-PASSAGE: 10. IMPACT ON STAFFING~ BUDGETS~ FACILITIES~ EQUIPMENT OR OTHER RESOURCES: 11. RESEARCH SOURCES: ORDINANCE NO. AN ORDINANCE of the City Council of the City of Bremerton, Washington, amending Sections 21.02.940 and 21.02.945 relating to enfomement of violations of the zoning code including enforcement pursuant to Chapter 1.04 BMC, and further amending Figure 840 and Figure 895(a) of Chapter 21.02 noting the type of decision and notice requirements. WHEREAS, the current provisions of Sections 21.02.940 and 21.02.945 of the Bremerton Municipal Code relating to enforcement of the zoning code result in ineffective enforcement of violations of said code; and WHEREAS, the City Council desires to update the provisions of Sections 21.02.940 and 21.02.945 provisions relating to enforcement of violations of the zoning code in order to provide for more effective enforcement of said code including enforcement through Chapter 1.04 BMC; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION I. Sections 21.02.940 and 21.02.945 of the Bremerton Municipal Code are hereby repealed in their entirety and there is hereby created a new Section 21.02.940 entitled "Violations of Zoning Code" to read as follows: 21.02.940 VIOLATIONS OF ZONING CODE. (a) Enforcement: It shall be the duty of the Director of Community Development, designee or code enforcement officer, to enforce this chapter. Actions may include withholding or revoking land use permits or approvals, building permits for construction or alteration of a structure, abatement of structures, revocation of us~ permits and variances, enforcement through Chapter 1.04 BMC or filing a court action in a cot~t of competent jurisdiction. (b) Scope of Unlawful Activity: It shall be unlawful for any person, firm or corporation to erect, construct, alter, repair, move, remove, convert, demolish, use, occupy, or 1 Zoning Enforcement and Violations maintain any structure or use of land, or any portion, in violation of the provisions of this chapter. The violation shall exist until the unlawful act and/or unlawful use has been remedied or abated. (c) Land Use/Permit Revocation: (1) The Director of Community Development may revoke a permit or land use approval, as appropriate, if the Director finds: a. The work is not authorized by a valid permit or approval; b. Inaccurate or incorrect information was used to obtain the permit or approval or the permit or approval was issued in error; c. The permittee is not complying with the terms of the permit or approved plans; d. The permittee is in violation of the requirements of this chapter or of any land use ordinance, statute, or regulation; or e. The work is, in the Director's judgment, a hazard to property or public safety, is adversely affecting or about to adversely affect adjacent property or rights-of- way, a drainage way, watercourse, sensitive areas or stormwater facility, or is otherwise adversely affecting the public health, safety, or welfare. (2) A land use permit or approval shall be revoked as follows: a. Type I and Type II administrative decisions may be revoked by the Director of Community Development subject to a fight of appeal before the Administrative Hearing Examiner. b. Type III decisions may be revoked by the Administrative Hearing Examiner. c. Type IV Council decisions may be revoked as provided by law. (d) Prohibition of Further Permits or Approvals. The City shall not accept, process, or approve any application for a subdivision or any other land use permit or approval, or issue a certificate of occupancy for property on which a violation of this chapter has occurred until the violation is cured by restoration or other means accepted by the Director of Community Development and by payment of any penalty imP0ied for the violation. 2 / oo Zoning Enforcement and Violations (e) Violation - Penalty: (1) Any violation of any provision of this chapter constitutes a civil violation under Chapter 1.04 BMC for which a monetary penalty may be assessed and abatement may be required as provided therein. (2) In addition to or as an alternative to any other penalty provided in this chapter or by law, any person who violates any provision of this chapter shall be guilty of a misdemeanor pursuant to Section 1.12.020(2)BMC. SECTION2. Severability. If any one or more sections, subsections, or sentences of this Ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Ordinance and the same shall remain in full force and effect. SECTION 3. Effective Date. This ordinance shall take effect and be in force ten (10) days from and after its passage, approval and publication as provided by law. APPROVED by the City Council the PASSED by the City Council the day of ,2002 day of ,2002 Approved this day of CAROL ARENDS, Council President ,2002 CARY BOZEMAN, Mayor ATTEST: APPROVED AS TO FORM: KATHLEEN MCCLUSKEY, City Clerk PUBLISHED the EFFECTIVE the ORDINANCE NO. day of day of ROGER A. LUBOVICH, CityAttomey ,2002 ,2002 R:\LEGAL\Ordinances\Code EnforcementXZoning Code Enforcement.doc 3 Zoning Enforcement and Violations EXHIBIT A PERMIT PROCESSING SUMMARY Figure 840 Administrative Hearing Examiner Hearing Examiner City Council DECISIONS Decision Open Hearing and Pre-Decision Closed Record Decision Open Hearing Decision Recommendation Type I Decisions (without notice) BMC 21.02.840 · Sign permits * * (on appeal) · Home occupation * * (on appeal) · Land uses permitted outright * * (on appeal) · Boundary line adjustment * * (on appeal) · Minor amendment to approved PUD * * (on appeal) · Minor amendments to other permits * * (on appeal) · Temporary emergency wetland or * * (on appeal) stream permits · Clearing less than 2 acres * * (on appeal) · Grading less than 100 cu. yds. * *(on appeal) · Landscape plan * * (on appeal) · Site Plan review * * (on appeal) · Recreational vehicle 90-day permit * * (on appeal) · Building Permits * *(on appeal) · Alternative Setback * *(on appeal) · Alternative Landscaping * *(on appeal) · Permit or Approval Revocation _* *(on appeal) Type II Decisions (notice required) BMC 21,02.845 · Short Subdivison * *(on appeal) · SEPA Determination * *(on appeal) · Wetland or stream assessment * *(on appeal) · Wetland or stream development * *(on appeal) permit · Env. Area Determination * *(on appeal) · Administrative Special Use Permit * *(on appeal) · Design Review * *(on appeal) · Plan or Code Interpretation * *(on appeal) · Minor alteration of approved plat * *(on appeal) · Permit or Approval Revocation * *(on aoDeal) Type III Decisions BMC 21.02.850 · Final Subdivision Plat * · Variance * · Non-administrative Special Use Permit * · Permit or Approval Revocation * Type IV Decisions BMC 21.02.855 · Preliminary Subdivision Plat * * · Vacation of existing subdivision * * · Planned Unit Development * · Major amendment to a PUD * * · Binding Site Plan * * · Rezone for specific properties or small * * area · Development Agreement * * Title 21 Appendix Figure 895(A) NOTICE REQUIREMENTS EXHIBIT B Page 1 of 2 I.- Z LU Title 21 Appendix Figure 895(A) NOTICE REQUIREMENTS Page 2 of 2 Title 21 Appendix AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: PUBLIC HEARING ON ORDINANCE RELATING TO REMOVAL OF NUISANCE VEGETATION AND THE ENFORCEMENT OF CODE VIOLATIONS RELATING TO SAME FOR AGENDA: October 23 and October 30, 2002 ORIGINATING DEPT: CITY ATTORNEY ORIGINATOR: ROGER A. LUBOVICH DATE SUBMITTED: 2. CLEARANCES: (Comment on back if necessary) RO~ER A. L?~_.._,OVICH, City Atlomey~-~ FISCAL & BUDGET CHAIRMAN OPERATIONS CHAIRMAN 3. EXHIBITS: ORDINANCE ENDORS ~ ~ ~~TION [~ APPROVED FOR SUBMITTAL: 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: The current provisions of Chapter 9.14 BMC relating to vegetation result in ineffective enforcement of nuisance violations. The proposed ordinance updates Chapter 9.14 in order to provide for more effective enforcement of nuisance vegetation violations through Chapter 1.04 entitled "Code Enforcement." 5. RECOMPffENDATION: Move to approve the proposed ordinance on first reading. Move to pass Ordinance No. on second reading. 7. NOTICE OF ACTION: PULLED [--] TABLED [] COUNCIL DIRECTIVE: APPROVED ~'~ o RESPONSIBLE OFFICIAL: Roger A. Lubovich ENFORCEMENT OFFICIAL: Roger A. Lubovich EXPIRATION DATE: REVIEW DATE: DISAPPROVED ~'] AMENDE? ~: 8. AGENDA BILL NO.: 0,}. - ~ o q- /o5 9. IMPACT OF NON-PASSAGE: 10. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCE~q: 11. RESEARCH SOURCES: ORDINANCE NO. AN ORDINANCE of the City Council of the City of Bremerton, Washington, amending Chapter 9.14 of the Bremerton Municipal Code relating to removal of nuisance vegetation and the enforcement of code violations relating to the same including enforcement pursuant to Chapter 1.04 BMC. WHEREAS, the current provisions of Chapter 9.14 of the Bremerton Municipal Code relating to vegetation result in ineffective enforcement of nuisance violations; and WHEREAS, the City Council desires to update the Chapter 9.14 of the Bremerton Municipal Code in order to provide more effective enforcement of nuisance violations, including enforcement pursuant to Chapter 1.04 BMC; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Chapter 9.14 of the Bremerton Municipal Code entitled "Vegetation" is hereby amended to read as follows: Chapter 9.14 NUISANCE VEGETATION 9.14.005 PURPOSE. This chapter is an exercise of the City's police power to protect the public health, safety and welfare; and to provide enforcement, abatement and collection of abatement expenses by the City. This chapter shall be enforced for the benefit of the general public, not for the benefit of any particular person or class of persons. It is the intent of this chapter to place the obligation of complying with its requirements upon the owner or o~:~pi~-of4amt occupant or other person in control of the property within the scope of this chapter and not to impose any duty upon the City or any of its officers, officials or employees which would subject them to damages,in a civil action. 1 Nuisance Vegetation 9.14.010 NUISANCE DECLARED. (a) The owner or occupant or other person in control of any property within the city shall remove or destroy all trees, plants, shrubs or vegetation, or any parts thereof, which overhang any sidewalk at a clearance height of less than eight (8) feet or street at a clearance height of less than sixteen (16) feet or which are situate on the property or on the portion of the street or sidewalk abutting thereon, in such manner as to obstruct or impair the free and full use of the sidewalk or street, including the interruption or interference with the clear vision of pedestrians or persons operating vehicles thereon, or interfering with sidewalks, streets, poles, wires, pipes, fixtures or any other part of any public utility situate in the street. (b) It is unlawful and a nuisance for the owner or occupant or other person in control of real property, including any unimproved planting strips, right-of-way or similar area abutting and adjacent to such real property to allow, continue or maintain the following vegetation: (1) Grass and weeds exceeding twelve inches in height except in areas maintained for domestic livestock. (2) Shrubs, brash, vines, trees or other vegetation growing or which has grown and died, cut vegetation, blackberry vines, and organic debris, which constitutes a fire hazard, or provides a harborage for rats, rodents or horticultural pests or otherwise constitutes a health hazard. (3) Noxious and poisonous plants, including poison ivy, poison oak, poison hemlock, poison sumac, nettles and nightshade. (4) Dead, decayed, diseased or hazardous trees 9.14.018 EXEMPTIONS. The following are exempt from the application of Section 9.14.010(b): (1) Undeveloped publicly owned watershed lands. (2) Private property designated as open space land, farm and agricultural land and timberland under Chapter 84.34 RCW and taxed at current use assessment. (3) Wetlands and critical areas designated for protection under the Growth Management Act, Chapter 36.07A RCW. .~! (4) Parcels of land greater than 13,000 square feet, provided the perimeter 50 feet of these parcels must be maintained in compliance with section 9.14.010. 2 / 0~ Nuisance Vegetation 9.14.020 NOTICE TO REMOVE. Whenever in the opinion of the c-i~ode enforcement officer, any trees, plants, shrubs or vegetation or parts thereof, should be removed or destroyed for any of the reasons set forth in Section 9.14.010 he or she shall cause a notice to be served on the owner or occupant q~r other person in control of the property in the manner hereinafter set forth. Such notice shall describe the property involved and the condition to be corrected and shall require that the owner or occupant or other person in control of the property cause the condition to be corrected within such period of time as shall be designated in the notice. The notice shall further provide that if the condition is not corrected within the time specified, that after the termination of such period of time and on a date specified in the notice, a resolution will be presented to the city council to provide for the removal or destruction of the trees, plants, shrubs, vegetation or parts thereof, and the cost of that removal or destruction become a charge against the owner and a lien against the property. Additionally, when enforcement of this Chapter is pursued pursuant to Chapter 1.04 BMC, the owner or occupant or other person in control of the property are subject to the enforcement provisions and remedies set forth therein. 9.14.030 SERVICE OF NOTICE. The notice provided for in Section 9.14.020 shall be served by delivering the notice pursuant to requirements for service of notice set forth in Chapter 1.04 BMC.or a ,-,~t-,., 9.14.040 HEARING BY CITY COUNCIL. If the conditions described in the notice ha. ve not been corrected prior to the time specified therein, a resolution shall be presented t6 the city council on the date designated in the notice therefor, which resolution shall provide that the department of the city, named therein shall after the date set therein forthwith cause the removal or destruction of the vegetation, or any 3 Nuisance Vegetation part thereof, as specified or complained of in the notice. Upon introduction of the resolution, the owner shall be entitled to be heard and to show cause, if any, why the vegetation or such part thereof should not be removed or destroyed. The finding of the city council determining that the vegetation described in the notice is or is not a nuisance shall be conclusive. If the city council finds that the same is a nuisance and the owner has appeared at the hearing thereon, the owner may in the discretion of the council be given such additional time as may be specified by the council to abate the nuisance. 9.14.050 COST OF REMOVAL. That whenever, after authorization by resolution of the city council, any trees, plants, shrubs or vegetation, or parts thereof, are removed or destroyed, the department causing the removal or destruction thereof shall keep an accurate record of the necessary costs, including administrative charge, and shall become a charge against the owner and a lien against the property as authorized by RCW 35.21.310, as now or hereafter amended. 9.14.060 LIEN. Notice of the lien herein authorized shall as nearly as practicable be in substantially the same form, filed with the same officer within the same time and manner and enforced and foreclosed as is provided by law for liens for labor and material. 9.14.070 FAILURE TO REMOVE - PENALTY. The owning or maintaining of any trees, plants, shrubs, vegetation or parts thereof, in the manner described in Section 9.14.010 is hereby declared to be a public nuisance. Anyone violating the provisions of this chapter by failing to abate such nuisance within the time specified in the notice herein before described or within the time set by resolution of the city council, whichever time may be later, shall upon conviction thereof be guilty of a misdemeanor and subject to the provisions of BMC Chapter 1.12. 9.14.080 ALTERNATIVE ENFORCEMENT. (a) In lieu of conducting a hearing, the City Council may, by resolution, forward any violation of this chapter to Chapter 1..04 BMC for enforcement. 4 i (~) Nuisance Vegetation (b) In lieu of and as an altemative to a hearing and Council resolution as provided for in this chapter, any violation of any provision of this chapter may be enforced as a civil violation under Chapter 1.04 BMC for which a monetary penalty may be assessed and abatement may be required as provided therein. .. (c) In addition to or as an alternative to any other penalty provided in this chapter or by law, any person who violates any provision of this chapter shall be guilty of a misdemeanor pursuant to Section 1.12.020(2) BMC. SECTION2. Severabili~_. If any one or more sections, subsections, or sentences of this Ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Ordinance and the same shall remain in full force and effect. SECTION 3. Effective Date. This ordinance shall take effect and be in force ten (10) days from and after its passage, approval and publication as provided by law. APPROVED by the City Council the PASSED by the City Council the day of ,2002 day of ,2002 CAROL ARENDS, Council President Approved this day of ,2002 CARY BOZEMAN, Mayor ATTEST: KATHLEEN MCCLUSKEY, City Clerk APPROVED AS TO FORM: ROGER A. LUBOVICH, City Attorney 5 Nuisance Vegetation PUBLISHED the EFFECTIVE the ORDINANCE NO. day of day of R:\LEGAL\Ordinances\Code Enforcement\Vegetation.doc 2002 2002 6 Nuisance Vegetation AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: PUBLIC HEARING ON FOR AGENDA: October 23 and October 30, 2002 ORDINANCE RELATING TO THE ORIGINATING DEPT: CITY ATTORNEY ENFORCEMENT OF VIOLATIONS RELATING ORIGINATOR: ROGER A. LUBOVICH TO GARBAGE AND REFUSE DATE SUBMITTED: 2. CLEARABICES: (Comment on back if necessary) · .... FISCAL & B~GET ~A~)N E~ORSEm~ ~/./~TION ~ 3. EXHIBITS: ORDINANCE APPROVED FOR SUBMITTAL: 7 COUNCIL PRESIDENT 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: The current provisions of Chapter 6.04 BMC result in ineffective enforcement of violations of Chapter 6.04 relating to garbage and refuse. The proposed ordinance amends Chapter 6.04 in order to provide for more effective enforcement of violations relating to garbage and refuse through Chapter 1.04 entitled "Code Enforcement." 5. RECOMMENDATION: Move to approve the proposed ordinance on first reading. Move to pass Ordinance No. on second reading. 7. NOTICE OF ACTION: PULLED [] TABLED [] COUNCIL DIRECTIVE: APPROVED [--] e RESPONSIBLE OFFICIAL: Roger A. Lubovich ENFORCEMENT OFFICIAL: Roger A. Lubovich EXPIRATION DATE: REVIEW DATE: DISAPPROVED [--] AMENDED~'~ DATE: 8. AGENDA BILL NO.: 0,?').-- - -?~'~ -~' {13 9. IMPACT OF NON-PASSAGE: 10. IMPACT ON STAFFING~ BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES: 11. RESEARCH SOURCES: ORDINANCENO. AN ORDINANCE of the City Council of the City of Bremerton, Washington, amending Chapter 6.04 of the Bremerton Municipal Code relating to Garbage and Refuse and the enforcement of code violations relating to the same including enforcement pursuant to Chapter 1.04 BMC. WHEREAS, the current provisions of Chapter 6.04 of the Bremerton Municipal Code result in ineffective enforcement of violations of Chapter 6.04 BMC relating to garbage and refuse; and WHEREAS, the City Council desires to update the provisions of Chapter 6.04 in order to provide for more effective enforcement of said chapter including enforcement pursuant to Chapter 1.04 BMC; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Chapter 6.04 of the Bremerton Municipal Code entitled "Garbage and Refuse" is hereby amended to read as follows: Chapter 6.04 GARBAGE AND REFUSE 6.04.010 TERRITORY INCLUDED. This chapter shall apply to all territory included within the corporate limits of the City. 6.04.020 INTENT OF THIS CHAPTER. The maintenance of health and sanitatio~require, and it is the intention hereof, to make the collection, removal and disposal of garbage and refuse within the City, compulsory and universal. 1 Garbage and Refuse 6.04.030 DEFINITIONS. (a) "Refuse" includes garbage, rubbish, ashes, swill and all other nonputrescible and putrescible wastes except sewage, from all public and private establishments and residences. (b) "Garbage" includes all putrescible wastes, except sewage and body was~es, including vegetable and animal offal and carcasses of dead animals, but not including recognized industrial by-products, and shall include all such substances from all public and private establishments and from all residences. (c) "Rubbish" includes all nonputrescible wastes, including, but not limited to: (1) Broken or discarded furniture, household equipment, appliances,_ an~ furnishings, and personal belongings; (2) Salvage materials and automobile parts, including, but not limited to, tires, wheels, engine parts, body parts, interior parts and auto glass; and (3) Abandoned, broken or neglected equipment and machinery. (d) "Ashes" includes the solid waste products of coal, wood and other fuels used for heating and cooking from all public and private establishments and from all residences. (e) "Swill", as used in this chapter, includes every refuse accumulation of animal, fruit or vegetable matter, liquid or otherwise, that attends the preparation, use, cooking, deaF_ng in or storing of meat, fish, fowl, fruit, and vegetables, except coffee grounds. (f) "Health Officer" means an enforcement officer of the Kitsap County Health ~District. (g) "Cans" means strong, watertight, not easily corrodible, rodent-proof, insect proof containers of the type normally manufactured and used to contain garbage and shall have two handles at the sides thereof and a tight fitting, fly-proof, insect-proof lid of solid construction. (h) "Mini cans" means cans of no more than 20 gallons capacity in volume nor 40 pounds in weight, including contents. (i) "Standard trash cans" means cans of no more than 32 gallons or 4 cubic feet of capacity nor 65 pounds in weight, including contents. (j) "Yard waste" means grass clipping, leaves, loose plant material, and branches or sticks t~-s4m, a~vae-four inche_s in diameter or less and nv, ..mere t~an t~re.e, four feet (~_) or less in length. Yard waste shall not include any substance otherwise within this definition that has 2 Garbage and Refuse been contaminated by hazardous waste, fecal matter, or any other substance that will inhibit the natural decomposition of the yard waste. 6.04.040 ACCUMULATION AND DISPOSAL OF REFUSE. (a) It shall be the duty of every person who owns or is in possession, charge, or in control of any dwelling, flat, roominghouse, group home, apartment house or other multi- residential unit, hospital, school, hotel, club, restaurant, boardinghouse, or eating place, or who owns or is in possession, charge or control of any shop, place of business or manufacturing establishment where garbage, refuse, or swill is created or accumulated, at all times to keep or cause to be kept portable appurtenances, metal or other approved canscontainers in sufficient numbers, for the deposit therein of garbage~ an~ refuse, and recyclables, and to deposit or cause to be deposited the same therein. Upon request, the garbage collector may provide a solid waste container larger than the standard garbage container that may be suitable for automated pick up. Yard waste may be collected at the place where garbage canscontainers are left~ in containers or bundled so that they will not be scattered by the wind or tipping over of the container and can be easily picked up by the collector. *~'"- *~'~ ~*"~,4~',4 *'"~' ~"" and ,k.~ may *' .... ;,~.,~ c ..... , ......q ..;,-v up The lids garbag~ containers shall not be removed, except when necessary to place garbage and refuse in such cans or take the same therefrom. When garbage and refuse is placed therein or taken therefrom, such lid shall be securely replaced by the person placing the same therein or taking the same therefrom. Such canscontainers shall be kept in a sanitary condition with the outside thereof clean and free from accumulative grease and decomposing material. Each cm': container shall be kept in a place easily accessible to the garbage truck on collection day. and shall be removed from the city right-of-way between collection days. The property owner and occupant is responsible for ensuring that the lids are properly secured on the containers and that said containers are removed from the right-of-way between collection days. (c) Each garbage can shall be kept clean inside and out so that no odor nuisance shall exist. . ,) (d) In the case of isolated dwellings or places of business located in sparsely settled portions of the City, or where reasonable access cannot be made by track, garbage and refuse 3 Garbage and Refuse therefrom may, upon special arrangement with the garbage collector, be otherwise collected, removed and disposed of. Garbage and swill shall not be disposed of upon private premises by incineration. (e) Large suitable containers for collection of both garbage and refuse may, with the approval of the collector, be used by hotels, restaurants, boarding houses, eating places, apartment houses and other multi-residential units, schools and hospitals, and in the business district. (f) It shall be the duty of every person to cause garbage and refuse to be removed and disposed of only by the garbage collector, Provided, however, That items that will not fit within a garbage container may be transported by the owner thereof to a county approved disposal site for disposal. (g) It shall be the duty of every person in possession, charge or control of any dead animal or upon whose premises the same may be located to forthwith cause the same to be removed and properly disposed of by Animal Control and to pay the required disposal fee. 6.04.050 UNLAWFUL DISPOSAL. (a) It shall be unlawful for any person to bury, bum, dump, collect, deposit, or in any manner to cause, permit or allow the disposal of refase upon any street, alley, public place or private property within the City, otherwise than as provided in this Chapter. ~(b) It shall be unlawful to dump, place, bu~, deposit or t~ow any garbage, oil, grease, offal, y~d waste or other refuse on the water, tidelands or beaches within the City, upon public propeay or private property of ~other or to dispose of such g~bage, oil, grease, offal, yard waste, brash, tree stumps, br~ches, tree cuttings, or other refuse in such a manner so as to allow the sine to enter the City's water, waste water or sto~water discharge system or as prohibited by BMC 15.02.210 or 15.03.210. ~t~xr°~ It sh~l be unlawful to dispose of g~rbage or refuse by placing such g~bage or refuse into a g~bage collection cont~ner which ~other person owns or pays for the use of without that person's express consent. 4 Garbage and Refuse 6.04.055 DIVERSION OF RECYCLABLES. No person may divert to personal or commercial use any recyclable material placed in a container as part of a recycling program, without the consent of the generator of such recyclable material or the solid waste collection company operating under contract with the City. CITY 5 Garbage and Refuse 6 Garbage and Refuse 6.04.070 TIME OF COLLECTION. The garbage collector shall collect, remove and dispose of all garbage and refuse in the residential sections of the City at least once each week; and from all other places as often as shall be found necessary, but not less than once a week. All places of business shall have their garbage removed as frequently as may be necessary to avoid the creation of a nuisance or the violation of any ordinance, regulation or law, but in no event less than once a week with at least 24 hours between collections; Provided, however, That a dispute over the frequency of collection determined to be appropriate by the garbage contractor may be appealed pursuant to BMC 6.04.090. 6.04.080 SEPARATION OF REFUSE. The City reserves the right to and may have option to require the separation of paper or swill or other component parts of garbage, and may require the deposit and/or storage thereof in separate cans or receptacles or other hard sided closed containers, and may prescribe the methods of disposal thereof. 6.04.090 APPEALS. Determinations made by the garbage contractor regarding the frequency of collection or the size of solid waste containers required of the public may be appealed to the Hearing Examiner. 6.04.120 PAYMENT OF CHARGES. The charges for garbage and refuse collection and disposal shall be compulsory and universal. Said charges shall be billed and collected by the garbage collector at his own cost. Every occupant of the property and every owner of the property for which garbage and refuse 7 Garbage and Refuse collection and disposal services are rendered shall be responsible for and shall pay, without delinquency, all charges therefor. The charges shall be paid to the garbage collector at his office by the person or persons responsible and shall be paid not later than thirty days after the billing therefor is mailed, and if not so paid, the charges shall be deemed delinquent. In the event of delinquency, any such charge or charges shall be a lien against the property for which the collection and disposal of garbage and refuse was rendered. Such a lien shall be prior to all other liens and encumbrances filed subsequent to the filing with the County Auditor of Kitsap County of such notice of lien except liens for general taxes and local improvement assessments, provided notice of such lien is given as provided by law. Interest shall accrue upon delinquent accounts at the rate of $0.50 or one percent per month whichever is greater, until fully paid. Billings for account shall be mailed to the person or tenant in possession unless special instructions to the contrary are received from the owner. 6.04.130 SCHEDULE OF FEES. The fees to be charged by the contractor for its garbage and refuse collection services to the residents of the City shall be fixed by contract, and shall be included in and be a part of any agreements or contracts between the City and the contractor. Fees shall be based upon the volume or weight of garbage or refuse mad the distance from a public thoroughfare of said garbage or refuse. Where a requested collection is of such an unusual size, or at some time other than when regular collections are made of the premises, a special charge based on the extra expenditure of labor and equipment shall be set by the garbage collector based upon schedules established by the contract. 6.04.160 OENAT ,'l,v i~O.D' IITtiT I q~Tt'~VTlhIlq'It/~/ PENALTY. 8 Garbage and Refuse ..................... (a) Any violation of any provision of Sections 6.04.040, 6.04.050 and 6.04.080 of this chapter constitutes a civil violation under Chapter 1.04 BMC for which a monetary penalty may be assessed and abatement may be required as provided therein. (b) In addition to or as an alternative to any other penalty provided in this chapter oV by law, any person who violates any provision of Sections 6.04.040, 6.04.050 and 6.04.080 of this chapter shall be guilty of a misdemeanor pursuant to Section 1.12.020(2) BMC. SECTION 2. Severability. If any one or more sections, subsections, or sentences of this Ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Ordinance and the same shall remain in full force and effect. SECTION 3. Effective Date. This ordinance shall take effect and be in force ten (10) days from and after its passage, approval and publication as provided by law. APPROVED by the City Council the PASSED by the City Council the day of ,2002 day of ,2002 Approved this day of CAROL ARENDS, Council President ,2002 ATTEST: CARY BOZEMAN, Mayor APPROVED AS TO FORM: KATHLEEN MCCLUSKEY, City Clerk 9 ROGER A. LUBOVICH, City Attorney Garbage and Refuse PUBLISHED the EFFECTIVE the ORDINANCE NO. day of day of R:\LEGAL\Ordinances\Code Enforcement\Garbage and Refuse.doc ,2002 ,2002 10 Garbage and Refuse AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: PUBLIC HEARING ON FOR AGENDA: October 23 and October 30, 2002 ORDINANCE RELATING TO PUBLIC ORIGINATING DEPT: CITY ATTORNEY NUISANCES ORIGINATOR: ROGER A. LUBOVICH DATE SUBMITTED: 2. CLEARANCES: (Comment on back if necessary) 3. EXHIBITS: "~OI[3ER,A. LUBOVICH, City Att~-r' FISCAL & BUDGET JTHA~.AN OPERATIONS CFiAIRMAN ORDINANCE APPROVED FOR SUBMITTAL: COUNCIL PRESIDENT ../'~,.~d' 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: The current provisions of Title 9 BMC do not provide for public nuisances or for enforcement of public nuisance violations. The proposed ordinance adds a new chapter, Chapter 9.16 entitled "Public Nuisances," which defines and declares what constitutes a public nuisance and provides for enforcement of public nuisance violations through Chapter 1.04 entitled "Code Enforcement." 5. RECOMMENDATION: Move to approve the proposed ordinance on first reading. Move to pass Ordinance No. on second reading. 7. NOTICE OF ACTION: PULLED [-] TABLED COUNCIL DIRECTIVE: APPROVED[--] 0 RESPONSIBLE OFFICIAL: Roger A. Lubovich ENFORCEMENT OFFICIAL: Roger A. Lubovich EXPIRATION DATE: REVIEW DATE: DISAPPROVED AMENDEDqD~ 8. AGENDA BILL NO.: DA 9. IMPACT OF NON-PASSAGE: 10. IMPACT ON STAFFING~ BUDGETS, FACII,ITIES~ EQUIPMENT OR OTHER RESOURCES: 11. RESEARCH SOURCES: ORDINANCE NO. AN ORDINANCE of the City Council of the City of Bremerton, Washington, amending Title 9 of the Bremerton Municipal Code by adding a new chapter, Chapter 9.16 entitled "Public Nuisances" defining and declaring what constitutes a public nuisance and providing for enforcement of public nuisance violations. WHEREAS, the current provisions of the Bremerton Municipal Code do not provide for adequate enforcement procedures for public nuisances; and WHEREAS, the City Council desires to add a new chapter to the Bremerton Municipal Code relating to public nuisances in order to provide for more effective enforcement of public nuisances including enforcement through Chapter 1.04 BMC; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION1. Title 9 of the Bremerton Municipal Code is hereby amended by adding a new chapter, Chapter 9.16 entitled "Public Nuisances" to read as follows: Chapter 9.16 PUBLIC NUISANCES 9.16.010 PROHIBITED CONDUCT. It is a violation of this chapter for any person to permit, create, maintain, or allow, upon any premises, any of the acts or things declared in BMC 9.16.020 to be a public nuisance. As used herein, public nuisance means a nuisance which affects equally the rights of an entire community or neighborhood, although the extent of the damage may be unequal. Public Nuisances 9.16.020 TYPES OF NUISANCES. Each of the following conditions, unless otherwise permitted by law, is declared to constitute a public nuisance, and whenever the director determines that any of these conditions exist upon any premises, the director may provide for the abatement thereof and monetary penalties may be assessed pursuant to Ch. 1.04 BMC, Code Enforcement: a. Erecting, maintaining, using, placing, depositing, leaving or permitting to be or remain in or upon any premises, which may be viewed or smelled from without the premises, or in or upon any street, alley, sidewalk, park, parkway or other public or private place in the city, any of the following disorderly, disturbing, unsanitary, fly-producing, rat-harboring, disease- causing places, conditions or things: 1. Any putrid, unhealthy or unwholesome bones, meat, hides, skins, the whole or any part of any dead animal, fish or fowl, or waste parts of fish, vegetable or animal matter in any quantity; the carcass of any animal, manure, human urine and/or excrement, decayed waste or discarded food, meat, fish, animal or vegetable refuse or any putrid or offensive animal or vegetable matter; but nothing herein shall prevent the temporary retention of waste in approved appropriate covered receptacles; or 2. Any privies, vaults, cesspools, open containers of stagnant water, sumps, pits or like places which are not securely protected from flies and rats, or which are malodorous; or 3. An accumulation of material including, but not limited to, bottles, cans, glass, plastic, ashes, scrap metal, wire bric-a-brac, broken stone, broken crockery, broken glass, broken plaster, litter, rags, empty barrels, boxes, crates, packing cases, mattresses, bedding, packing hay, straw or other packing material or building materials including lumber, plumbing materials, wallboard, sheet metal, plaster, brick, cement, asphalt, concrete block, roofing material, cans of paint and similar materials which not properly stored or neatly piled or is offensive to a reasonable person or in which flies or rats may breed or multiply; or 4. Accumulation of any garbage and refuse as defined in chapter 6.04 BMC; or Accumulation of yard trimmings, excluding properly maintained yard compost, or other matter which is offensive to a reasonable person; except for such yard debris Public Nuisances that is properly contained for the purpose of composting and concealed so as not to affect the health, safety or depreciation of adjoining property. b. The existence of any fence or other structure on private property abutting or fronting upon any public street, sidewalk or place which is in a sagging, leaning, fallen, decayed or other dilapidated or unsafe condition; or c. The existence of wrecked or disassembled trailers, house trailers, boats, tractors or other vehicle, appliance or machinery of any kind, or any major parts thereof; or d. The existence on any premises of any abandoned or unused well, pit, shaft, cistern or storage tank without first demolishing or removing from the premises such storage tank, or securely closing and barring any entrance or trapdoor thereto or without filling any well, pit, shaft or cistern or capping the same with sufficient security to prevent access thereto; or e. The existence in a place accessible to children of any attractive nuisance dangerous to children, including but not limited to any abandoned, broken or neglected equipment, machinery, refrigerator, freezer, or other large appliance. time to bring o ---'-* ..... ,,;~a,~ ,~,4 ..... , o ~o,,o~ .... .~ ,.. o n,n o+,,., },,~,-~,,-,~ ,h,. int~seetion is reached. _fla. Any use of property abutting on a public street or sidewalk or any use of a public street or sidewalk which causes people to gather in numbers sufficient to obstruct vehicular or pedestrian traffic !~ge ...... ao ~.C .... 1~ +~..~+h,~- .,~,o+.,,.+;.~, +~.~,r~q~- o.,~ ,ho n. ...... cf the streets er sidewa!ks. This subsection shall not apply to events, programs or parades authorized by the city. gi. Any poisonous or harmful substance which is reasonably accessible to persons or to animals. hD. Soils contaminated by dangerous waste, hazardous substances or hazardous wastes as those terms are defined in RCW 70.105.010. it~. Nuisance vegetation as defined in Chapter 9.14 BMC; il. Lumber, wood, cardboard or other flammable material of any kind including, but not limited to, any hazardous materials or waste oil, gasoline or diesel products; o~ Public Nuisances ,kin. Scrap metal, appliances, rubber, tools, implements, or parts or portions thereof, batteries, rope, rags, or plastic; ln. The maintenance of signs and/or sign structures relating to uses no longer conducted or products no longer sold on vacant commercial, industrial or institutional buildings or lots more than forty-five (45) days after the building becomes vacant or event or purpose for which the sign or structure was erected has passed; op. Buildings or structures which are abandoned, partially destroyed, or permitted to remain in a state of partial construction or partial demolition in such a state as to constitute an attractive nuisance; [Iq. The failure to safely and completely close, maintain and secure all doorways, windows or other openings into vacant structures or to secure broken windows to secure the structure from unauthorized entry; r. Unpaint~.~. buildings ..... qa. Every building or unit within a building used for the purpose of unlawfully manufacturing, delivering, selling, storing or giving away any controlled substance as defined in Chapter 69.50 RCW, legend drug as defined in Chapter 69.41 RCW, or imitation controlled substance as defined in Chapter ~9.52 RCW, and every building or unit within a building wherein or upon which such acts take place. _r~. Unprotected and/or hazardous '-t.~.'~o~, unprotected foundations, ..,..a~w..~ and excavations; s?v. Land or property which because of conditions on site (whether its natural state or as a result of grading, surface water drainage or acts of nature such as earthquakes, rain, landslides, sinkholes and so forth) presents problems of such magnitude as to be injurious or 4 Public Nuisances potentially injurious to the public health, safety and welfare, including to adjacent property owners. 9.16.030 AUTHORIZED ACT NOT A PUBLIC NUISANCE. No act which is done or maintained under the express authority of a statute or ordinance can be deemed a public nuisance. 9.16.040 VIOLATION - PENALTY. a. Any violation of any provision of this chapter constitutes a civil violation under Ch. 1.04 BMC for which a monetary penalty may be assessed and abatement may be required as provided therein. b. In addition to or as an alternative to any other penalty provided in this chapter ~or by law, any person who violates any provision of this chapter shall be guilty of a misdemeanor pursuant to Section 1.12.020(2) BMC. c. As an alternative to any other penalty provided in this chapter, pursuant to a violation of BMC 9.16.020(uti), abatement proceedings may be instituted under Chapter 7.43 RCW. SECTIONZ SeverabilitF. If any one or more sections, subsections, or sentences of this Ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Ordinance and the same shall remain in full force and effect. SECTION 3. Effective Date. This ordinance shall take effect and be in force ten (10) days from and atter its passage, approval and publication as provided by law. APPROVED by the City Council the PASSED by the City Council the day of ,2002 day of ,2002 CAROL ARENDS, Council President Public Nuisances Approved this day of ,2002 ATTEST: CARY BOZEMAN, Mayor APPROVED AS TO FORM: KATHLEEN MCCLUSKEY, City Clerk ROGER A. LUBOVICH, City Attorney PUBLISHED the EFFECTIVE the ORDINANCE NO. day of ,2002 day of ,2002 R:\LEGAL\Ordinances\Code Enforcement\Public Nuisances (redhne for Councd).docl~.",__~ .................. od~ En'f,~r o_ ~.,:m. en ~AP.a b!i c Nuis~,~nceo,.d~c Public Nuisances