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
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Public Nuisances