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Home My WebLink About4821ORDINANCE NO. /~o~kl AN ORDINANCE of the City Council of the City of Bremerton, Washington, amending Sections 21.02.940 and 21.02.945 relating to enforcement 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 1. Sections 21.02.940 and 21.02.945 of the Bremerton Municipal Code are hereby repealed in their entirety and there is hereby created a new Section 21.02.940 entitled "Violations of Zoning Code" to read as follows: 21.02.940 VIOLATIONS OF ZONING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 use permits and variances, enforcement through Chapter 1.04 BMC or filing a court action in a court 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, watemourse, 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 right of appeal before the Administrative Hearing Examiner. Examiner. b. Type III decisions may be revoked by the Administrative Hearing c. Type 1V Council decisions may be revoked as provided by taw. (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 Developxnent and by payment of any penalty imposed for the violation. 2 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& 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~7~_ day of PASSED by the City Council the~(..2_ day of .~1~7~ :J--~./,~ ,2002 /~_~ d ,2002 CAROL ARENDS, Council President Approved this CARY BOZEMAN, Mayor ATTEST: KATHLEEN MCCLUSKEY, Uity Clerk "RO~3~A. LUBOVICH, PUBLISHED the ...~.~ day of . EFFECTIVE the /2,%7,2~ day of ORDINANCE NO. dre',f~,?/ R:~LEGALXOrdinances\Code EnforcementXZoning Code Enforcement.doc ,2002 ,2002 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) · (on appeal) · Home occupation * * (on appeal) · Land uses permitted outright * (on appeal) · Boundaryline adjustment * * (on appeal) Minor amendment to approved PUD · Minor amendments to other permits * ' (on appeal) · Temporary emergency wetland or * * (on appeal) stream permits Clearing tess than 2 acres * (on appeal) · Grading less than 100 cu. yds. *(on appeal) · Landscape plan * (on appeal) · Site Plan review * (on appeal) · * (on appeal) · Recreationalvehicle 90-day permit * *(on appeal) · Building Permits ~ ~(on appeal) · Alternative Setback *(on appeal) · Alternative Landscaping * *(on appeal) · Permit or Approval Revocation Type II Decisions (notice required) BMC 21.02.845 · Short Subdivison * *(on appeal) · SEPA Determination *(on appeal) · Wetland or stream assessment * *(on appeal) · Wettand or stream development *(on appeal) permit * *(on appeal) · 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 orApproval Revocation Type Ill 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 amendmentto a PUD · Binding Site Plan * · Rezone for specific propedies or small area · Development Agreement Title 21 Appendix Figure 895(A) NOTICE REQUIREMENTS EXHIBIT B Page 1 of 2 u~ Z uJ Title 21 Appendix Figure 895(A) NOTICE REQUIREMENTS Page 2 of 2 Titie 21 Appendix ~ ' AFFIDAVIT OF PUBLICATION County of Kitsap, State of Washington No. 100032023 I, Valerie Zoller, 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 County 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 Breme,rton, 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: November 5,2002; and that such newspaper was regularly distributed to its subscribers during all of said period. That the full amount of the fee charged for the foregoing publication is the sum of 43.71 amount has not been paid in full. {2 (Signature of Principal Clerk) Subscribed and sworn to before me this day of November 9,2002 Notary Public in and for the State of Washington, Kitsap County. SUMMARY OF' ORDINANCE NO. 4821' AN ORDINANCE of the City Council ofthe City of Bremerton, Washington, amending Sections 21.02.940 and 21.02.945 relating to enforcement 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.- APPROVED by the City Council the 23rd day of October, 200T PASSED by the City Council the 30th day of October, 200T The full text of this ordinance is available from the City Clerk's Office, 239 Fourth Street, Bremerton, WA 98337.- November 5, 2002- - #10003202T