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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 1 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. 2 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 3 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 U ""'...... <v<J' t'V\/1 . n n ,--,1V7 , ... ~~\<~~'IS)iO/I~~,e T,)-,. ----.LLU,LAA~ ~ · ,,\()7: I%,"~~ (S' f p' . I CI k) .. ~ 0, .'1 P ~\ Ignature 0 nnclpa er .. * .' i_ u':J (f)" A" ..:J Subscribed and sworn to before me this day of Dec. 26, 2002. J '~"."S: :1:-fLlC /' ' 0" ",'lo- 0'0.,.. ..:0. /. ^ ,c" .J!.... JJ \ Ie- ....... - O'"'-/.' ~( 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-