HomeMy WebLinkAbout4022 ORDINANCE NO. _~~
AN ORDINANCE amending Ordinance No. 3?22, §9,
§10, §11, §12 and §14.
THE CITY COUNCIL OF THE CITY OF BREMERTON DOES HEREBY ORDAIN:
SECTION 1: Ordinance No. 3?22, §9 is hereby amended to read
as follows:
SECTION 9: RIGHT TO APPEAL - Any person aggrieved by
an order, decision, ruling or interpretation by the
administrator, including a variance decision, may file an appeal
in writing with the Office of the Hearing Examiner within
fourteen (14) calendar days of the date that notice of the
administrator's action was given.
SECTION 2: Ordinange No. 3?22, §10 is hereby amended to
read as follows:
SECTION 10: APPEAL PROCEDURE - (a) In addition to the
requirements for filing an appeal application with the Office of
the Hearing Examiner as set out in the Administrative Procedures
Ordinance of the City (Ordinance No. 3961), any person who
desires to contest a decision of the a~ministrator shall include
on the appeal form the following information:
(1) The names of all appellants participating
in the appeal;
(2) A brief statement setting forth any legal
interest of each of the appellants in the property
or equipment involved in the order or variance decision;
(3) A brief statement of the specific action
protested, together with any material facts claimed
to support the contentions of the appellant;
(4) A brief statement of the relief sought and
the reason why it is claimed the protested action
should be reversed, modified or otherwise set aside;
(5) The signatures of all parties named as
appellants and their mailing addresses;
(6) The verification (by declaration under
penalty or perjury) of at least one appellant as to
the truth of the matters stated in the appeal.
(b) The hearing before a hearing examiner shall be
conducted in accordance with the procedures for conducting
hearings on appeals of administrative decisions in the
Administrative Procedures Ordinance of the City (Ordinance No.
3961). The determination appealed from shall be regarded as
prima facie correct. The examiner may affirm, modify, or reverse
the administrator's determination. The decision of the examiner
shall be final unless a petition for reconsideration by the
examiner is accepted or appeal of the examiner's decision is
taken to the City Council pursuant to the provisions of the
Administrative Procedures Ordinance.
SECTION 3: Ordinance No. 3722, §11 is hereby amended to
read as follows:
SECTION 11: VARIANCE PROCEDURE--COUNCIL AUTHORITY -
(a) No variance in the provisions or requirements of
this Chapter shall be authorized by an examiner unless the
examiner finds that all of the following facts and conditions
exist:
(1) That there are exceptional or extraordinary
circumstances or conditions applying to the appellant's
property, or as to the intended use thereof, that do
not apply generally to other properties in the same
noise control district;
(2) That such variance is necessary for the
preservation and enjoyment of a substantial personal or
property right of the appellant possessed by the owners
of other properties in the same noise control district;
(3) That the authorization of such variance does
not endanger public health or safety of named persons
in the same or adjacent noise control districts;
(4) That the granting of such variance will not
adversely affect the general policy and purpose of this
Act set forth in Section 6.32.060.
(b) In authorizing a variance, the examiner may attach
thereto such conditions regarding noise level, duration, type and
other considerations as he or she may deem necessary to carry out
the policy and purpose of this Chapter.
SECTION 4: Ordinance No. 3722, §12 is hereby amended to
read as follows:
SECTION 12: ENFORCEMENT--COMPLAINTS - (a) Complaint
Only Basis. After a complaint has been received from an
identifiable person who owns, rents or leases property that is
affected by a noise source and the complaint has been
investigated by the administrator or any police officer, the
administrator or any police officer may initiate proceedings as
provided in Subsection (b) of this Section; provided, that the
section of this Chapter relating to motor vehicles shall be
subject to enforcement proceedings regardless of whether a
complaint has been received; provided, further, that with the
exception of motor vehicle noise, noises created by industrial
areas are to be enforced by the State of Washington.
(b) Administrative Proceeding. Whenever the
administrator or any police officer has received a valid
complaint from an identifiable person who owns, rents or leases
property that is affected by a noise source, and as a result of
an investigation, has knowledge that an unlawful act under this
Chapter is being committed in his or her presence, he or she may
issue a citation immediately. If further investigation is
required or if the administrator or police officer has reason to
believe that an unlawful act under this Chapter has been
committed, he or she may serve a written notice and order
directed to the owner or operator of the source, the person in
possession of the property where the sound originates, or the
holder of a variance. One copy shall also be posted on the
property or source if reasonably possible, and another copy shall
be mailed to each complainant about the noise, and additional
copies may be mailed to other interested or affected persons as
the administrator deems appropriate.
(1) The notice shall contain a brief and concise
description of the conditions alleged to be in violation
or to be a public nuisance noise, the provisions of this
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Chapter alleged to have been violated, and sound level
readings, if taken, including the time and place of their
recording.
(2) The order shall contain a statement of the
corrective action required and shall specify a reasonable
time within which the action must be accomplished.
(3) The order shall state the individual(s)' appeal
rights.
(c) Final Orders. Any order issued by the
administrator or police officer pursuant to this Chapter shall
become final unless, no later than fourteen (14) calendar days
after the order is served, a person named in the notice and order
files an appeal with the Office of the Hearing Examiner in
accordance with Sections 6.32.090 and 6.32.110.
(d) Separate Offenses. For enforcement purposes, each
day, defined as the twenty-four hour period beginning at 12:01
a.m., in which violation of this Chapter occurs, shall constitute
a separate violation.
SECTION 5: Ordinance No. 3722, §14 is hereby amended to
read as follows:
SECTION 14: VIOLATION- PENALTY - (a) Punishment for
Violations and Crimes. Every offense defined by this Chapter, or
conduct made unlawful hereby, shall also constitute an offense
under the Bremerton Criminal Code, and any person convicted of
such an offense shall be fined in the amount of Five Hundred
Dollars ($500.00), of which fine One Hundred Dollars ($100.00)
shall not be suspended or deferred. Upon a second conviction of
this offense, the fine shall be Five Hundred Dollars ($500.00,
none of which shall be suspended or deferred.
(b) Evidence in Criminal Proceedings. In any criminal
prosecution under Subsections (a) and (b) of Sections 6.32.040 or
6.32.050, evidence of sound level through the use of a
sound-level meter reading shall not be necessary to establish the
commission of the offense.
(c) Penalty for Failure to Comply with Final Orders.
In addition to any other sanction or remedial injunctive
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procedure which may be available at law or equity, any person
failing to comply with a final order issued by the administrator,
police officer, or hearing examiner shall be subject to a
cumulative civil penalty in an amount not to exceed One Hundred
Dollars ($100.00) per day from 'the date set for compliance until
such order is complied with. The civil penalty shall be
collected by such action brought in the name of the City.
APPROVED by the City Council on the first reading this /~
day of ~/~,,~_.~ , 1986.
PASSED by th~ity Council of the City of Bremerton, signed
l/
by the Mayor and ~ttested to by the City Clerk in authentication
of such passage this ~ day of ~~-~ , 1986.
GEnE LO~, ~ayor
KATHLEEN L. McCLUSKEY, Clerk