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Home My WebLink About4804 m o ANc AN ORDINANCE of the City Council of the City of Bremerton, Washington, amending Bremerton Municipal Code Sections 21.02.850, 21.02.860, and 21.02.945(c)(2) as amended by Ordinance 4798 to make technical and typographical corrections. WHEREAS, Ordinance No. 4798 made voluminous changes to various chapters of the Bremerton Municipal Code as they relate to Administrative Hearing Examiners; and WHEREAS, the City Council desires to make technical and typographical corrections to Sections 21.02.850, 21.02.860, and 21.02.945(c)(2) as they were amended by Ordinance No. 4798; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Section 32 of Ordinance No. 4798 is hereby amended to read as follows: SECTION32. Bremerton Municipal Code Section 21.02.850 is hereby repealed in its entirety and there is hereby created a new section 21.02.850 of the Bremerton Municipal Code relating to Type llI land use applications, to read as follows: 21.02.850 Type III Administrative Hearing Examiner Decisions. (a) Actions: The following actions may be approved, approved with conditions, or denied, or remanded by the Administrative Hearing Examiner pursuant to Chapter 2.13 BMC following an open record public hearing, unless noted otherwise. (1) Final Subdivision Plat. (2) Variance. (3) Non-administrative Special Use Permit. (cb) Decision Format: Type m decisions shall be made in writing supported by findings of fact and conclusions of law. 1 Ordinance 4798 Corrections (f_c) Final Decision: Type III decisions are made by the Administrative Hearing Examiner and are final when issued for purposes of appeal. (gd) Appeal: Type III decisions may be appealed to Superior Court within the twenty-one (21) calendar days following the date of issuance of the decision. SECTION2. Section 34 of Ordinance No. 4798 is hereby amended to read as follows: SECTION34. Bremerton Municipal Code Section 21.02.860 relating to shoreline permits is hereby recodified as 21.04 .... 110 BMC and is further amended to read as follows: Section 21.04.1~110 Shoreline Decisions. (a) Actions: The following are subject to the requirements of Bremerton's Shoreline Master Program but shall be decided within 120 days. Recommendations and hearings shall be conducted as described in the "Permit Processing" table that follows. (1) Shoreline Substantial Development Permit (2) Shoreline Conditional Use Permit (3) Shoreline Variance (4) Shoreline Permit Revisions (5) Shoreline Master Program Amendments (b) Decision Format: Completion of a prepared form or statement of f'mdings, conclusions and the decision of the approving body. Adoption of and amendments to the Shoreline Master Program shall be made by ordinance. (c) Final Decisions: (1) Substantial Development Permits and amendments to existing permits are decided administratively, in the same manner as other Type II permits. (2) Conditional Use Permits and Variances are decided by the ........ e C~mmiss~cr~Administrative Hearing Examiner and may be approved, rejected, or modified by the Department of Ecology. A neighborhood meeting or study session is optional. (3) All Shoreline Permit decisions must be submitted simultaneously to the applicant, the Department of Ecology (DOE), and to the attorney general. DOE may approve or disapprove the permit. 2 Ordinance 4798 Corrections (4) Shoreline Master Program Amendments arc decided by the City Council and may be approved, rejected, or modified by the Department of Ecology. (d) Appeals: An appeal of the local shoreline permit decision may be filed with the Administrative Hearing Examiner pursuant to Chapter 2.13 BMC as provided herein, with a second appeal to the Shoreline Hearings Board (SHB), or may be filed directly with the SHB. (1) Decisions on Substantial Development Permits may be appealed to the Administrative Hearing Examiner within fourteen (14) calendar days of the date oft he decision, and considered in an open record appeal hearing, or (2) Those decisions listed in (d)(1) above or the Administrative Hearing Examiner decisions on appeals of earlier decisions, may be appealed to the Shoreline Hearings Board by filing a Petition for Review within twenty-one (21) calendar days of thc date of thc Department of Ecology's review and decision. (3) The decision of the Department of Ecology pertaining to the adoption of, or amendment to, the Shoreline Master Program may be appealed to the Central Puget Sound Growth Management Hearing Board per RCW 36.70A.250 through 320. (4) Appeals to the hearing examiner shall be decided within (30) thirty calendar days of the filing date. Appeals to the Shoreline Hearings Board will be decided within 180 calendar days. SECTION3. Section 55 of Ordinance No. 4798 is hereby amended to read as follows: SECTION55. Bremerton Municipal Code Section 21.02.945(c)(2) relating to violations of the Zoning Code is amended to read as follows: (2) An order shall be obeyed immediately, notwithstanding the filing of an appeal to hearing examiner pursuant to Chapter 2.13 BMC, which must be filed within fourteen (14) calendar days following posting of the cease and desist order or as otherwise stated in the order. 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 3 Ordinance 4 798 Corrections affect the validity of the remaining portion of this Ordinance and the same shall remain in full force and effect. SECTION $. 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~ day of ~,_,/__ , 2002 PASSED by the City Council the~2,~_ day of ~ ,2002 CAROL ARENDS, Council President Approved this ~,cx day of ~X/'N,-,-i , 2002 CARY BOZEMAN, Mayor ATTEST: APPROVED AS TO FORM: KAT'HLEEN MCCLUSKEY, C~ty Clerk PUBLISHED the~ day of ~Ta-~- ,2002 EFFECTIVE the~day of ~ ,2002 ORDINANCE NO. ~l. poql v R:XLEGAL\Ordinances~-tearing Examiner Ordinance technical corrections.doc 4 Ordinance 4798 Corrections AFFIDA VIT OF PUBLICATION County of Kitsap, State of Washington No. 100005560 I, Melinda Monroe, being first duly sworn on oath, deposes and says: That she is now, and at all times embraced in the publication herein mentioned was the principal clerk of the printers and publishers of THE SUN; that said newspaper has been approved as a legal newspaper by order of the /superior Court of the Count of Kitsap, in which County it is published and is now and has been for more than six months prior to the date of the publication hereinafter referred to, published in the English language continually as a daily newspaper in Bremerton, Kitsap County, Washington, and is now and during all of said time, was printed in an office maintained in the aforesaid place of publication of said newspaper; that the following is a true text of a legal advertisement as it was published in regular issues (and not in supplement form) of said newspaper on the following dates, to wit: May 29, 2002 during all of said period. That he full amount of the fee charged for the foregoing publication is the sum of $31.46 which amount has not been paid in full. \\\\\\\\il!liI// \\\ 1111/ ,,0 D A WIV /// ~': ......... 6' / /~> ...... 0.. '.. < -::--- .:::- ..~ N ". .r :::-- ~ 0)... 0 I .....A:::- - -{:;- -1...\., -.\ ::: == ~: ." "Y: ::: = -! : -<> vo -'-: = %rno\,vSL.I'~2 . ;.- ~ ^' .... ..... .;;. ,.::::: ~ tv .......... -'\ 0 .,~' //// "iSH1NG \\", II/I \\\ 11111111\\\\\\\ AN ORDINANCE of the City Council of the City of Bremerton, Washington, amending Bremerton Municipal Code Sections 21.02.850, 21.02.860 and 21.02.945(c) (2) as amended by Ordinance 4798 to make technical and typographical corrections.- lYL~ 6U~~ (Signature of Principal Clerk) Subscribed and sworn to before me this day of May 31, 2002. \(J() j 1 ~) dfLt;t:; Notary Public in and for the State of Washington, Kitsap County. ORDINANCE NO. 4804' Approved by the City Council the 15th day of May, 2002.- Passed by the City Council the 22nd day of May, 2002.- The full text of this ordinance is available from the City Clerk's Office, 239 Fourth Street, Bremerton, WA 98337.- May 29,