HomeMy WebLinkAbout4836ORDINANCE NO.
AN ORDINANCE of the City Council of the City of
Bremerton, Washington, amending Section 2.13.090 of the
Bremerton Municipal Code relating to the filing of land use
applications and appeals before the administrative hearing
examiner; amending Sections 17.04.070 and 18.02.100 of the
Bremerton Municipal Code relating to appeals to the
administrative hearing examiner; repealing Section 18.03.130 of
the Bremerton Municipal Code; and adding a new section, Section
18.03.155 of the Bremerton Municipal Code relating to appeals to
the administrative hearing examiner.
WHEREAS, the current provisions of Section 2.13.090 of the Bremerton
Municipal Code provides for the filing procedures relating to applications to be heard by the
Administrative Hearing Examiner; and
WHEREAS, the City Council desires to update the provisions of Section 2.13.090
in order to provide for filing procedures relating to appeals and applications to be heard by the
Administrative Hearing Examiner; and
WHEREAS, the current provisions of Section 17.04.070 and 18.02.100 of the
Bremerton Municipal Code relating to appeals to the administrative hearing examiner do not
designate the administrative hearing examiner as the board of appeals pursuant to various
uniform codes adopted by the City; and
WHEREAS, the current provisions of Chapter 18.03 of the Bremerton Municipal
Code relating to Appeals do not contain provisions relating to the administrative hearing
examiner; and
WHEREAS, the City Council desires to update the provisions of Sections
17.04.070 and 18.02.100 and Chapter 18.03 relating to appeals to the Administrative Hearing
Examiner; NOW THEREFORE,
THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON,
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Section 2.13.090 of the Bremerton Municipal Code is hereby
amended to read as follows:
2.13.090 Filing of Applications and Appeals.
Applications for all matters to be heard by the Administrative Hearing Examiner in which
the Administrative Hearing Examiner is to render a decision or recommendation ~
...... ~, .................... ~, ........ BMC shall be filed with the Department of Commun
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Appeals to Administrative Hearing Examiner
Development. All appeals, including appeals of land use decisions as provided in this
chapter,~ ~'v .......... ~'~'~ al! "~ .... ~ to be heard by the Administrative Hearing Examiner
shall be filed with the City Clerk. Applications for a decision, recommendation or an appeal
shall be filed with the applicable filing fee as set forth in chapter 3.01 BMC. When it is found an
application or appeal meets the filing requirements of the effected ~City Codes, rule or
regulation, the application shall be accepted. The Administrative Hearing Examiner shall be
responsible for assigning a date for the public hearing for each application or appeal. Heatings
on project permit applications are subject to the notice and hearing requirements set forth in the
Bremerton Municipal Code.
SECTION 2. Section 17.04.070 of the Bremerton Municipal Code entitled
"Appeals" is hereby amended to read as follows:
17.04.070 Appeals.
Appeals of administrative determinations applying the Uniform Building Code, Uniform
Plumbing Code, Uniform Code for the Abatement of Dangerous Buildings and the Bremerton
Housing Code shall be heard by the Administrative Hearing Examiner pursuant to Chapter 2.13
BMC, who shall serve as the Board of Appeals pursuant to the Uniform Building Code as
adopted in Chapter 17.04 BMC.
SECTION 3. Section 18.02.100 of the Bremerton Municipal Code entitled
"Appeals" is hereby amended to read as follows:
18.02.100 Appeals.
Appeals of administrative determinations applying the Uniform Fire Code, City of
Bremerton Fire Sprinkler Code, City of Bremerton Fire Alarm Code and City of Bremerton False
Fire Alarm Code shall be heard by the Administrative Hearing Examiner pursuant to Chapter
2.13 BMC, who shall serve as the Board of Appeals pursuant to the Uniform Fire Code as
adopted in Chapter 18.02 BMC.
SECTION 4. Section 18.03.130 of the Bremerton Municipal Code entitled
"Appeals" is hereby repealed in its entirety.
SECTION 5. A new section, Section 18.03.155 entitled "Appeals" is hereby
added to the Bremerton Municipal Code to read as follows:
18.03.155 Appeals.
Appeals of administrative determinations applying the provisions of this Chapter shall be
heard by the Administrative Heating Examiner pursuant to Chapter 2.13 BMC, who shall serve
as the Board of Appeals pursuant to the Uniform Fire Code as adopted in Chapter 18.02 BMC.
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Appeals to Administrative Hearing Examiner
SECTION 6. 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 7. 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 ~ day of · 2002
CAROL ARENDS, Council President
Approved this ~ day of
CARY BOZEMAN, Mayor
ATTEST: /~ /~ ~.. APPROVED AS TO FORM:
K~HLEEI~(C~LIJSK~,~ity~I~rk~'*~ Xl~GER A. LUBOVIC~rney
PUBLISHED the_/__t2~..~__ day of .~t? t,~O ,2002
EFFECTIVE the~day of .~_~_1 ~ ~_~,~.ff~e~ ~ ,2002
ORDINANCE NO. 4Zg~.~, ' ~ -
R ALEGAL\Ordinances'~-Iearing Examiner~Appeals.doc
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Appeals to Administrative Hearing Examiner
AFFIDA VIT OF PUBLICATION
County of Kitsap, State of Washington
No. 100036512
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: Dec. 10, 2002 during all of said period. That he full
amount of the fee charged for the foregoing publication is the sum of $51.80 which amou~~
not been paid in full. c. ~~ ~/3.~t'\j
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(S' f p' . I CI k) .. ~ 0, .'1 P ~\
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Subscribed and sworn to before me this day of Dec. 26, 2002. J '~"."S: :1:-fLlC /' '
0" ",'lo- 0'0.,.. ..:0. /.
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~( J I rJ() KJ(b1i l\\~i~~~
Notary Public in and for the State of Washington, Kitsap County.
ORDINANCE NO. 4836'
AN ORDINANCE of the City Council of the City of Bremerton,
Washington, amending Section 2.13.090 of the Bremerton Municipal
Code relating to the filing of land use applications and appeals
before the administrative hearing examiner; amending Sections
17.04.070 and 18.02.100 of the Bremerton Municipal Code relating
to appeals to the administrative hearing examiner; repealing
Section 18.03.130 of the Bremerton Municipal Code; and adding a
new section, Section 18.03.155 of the Bremerton Municipal Code
relating to appeals to the administrative hearing examiner.-
Approved by the City Council the 26th day of November, 2002.-
Passed by the City Council the 4th day of December, 2002.-
The full text of this ordinance is available from the City
Clerk's Office, 239 Fourth Street, Bremerton, WA 98337.-
December 10, 2002..#100036512-