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HomeMy WebLinkAbout4914 ORDINANCE NO. AN ORDINANCE of the City Council of the City of Bremerton, Washington, amending Sections 21.22.300 and 21.22.310 of the Bremerton Municipal Code relating to appeals of critical areas land use decisions and enforcement of violations of the critical areas code. WHEREAS, the current provisions of Section 21.22.300 and 21.22.310 of the Bremerton Municipal Code relating to appeal of critical areas land use decisions and enforcement of violations of the critical areas code are outdated; and WHEREAS, the City Council desires to amend the provisions relating to appeal and enforcement provisions of the critical areas code in order to obtain more efficient and effective appeal and enforcement processing; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION1. The title of Chapter 21.22 entitled "Critical Lands Ordinance" is hereby amended to read as follows: Chapter 21.22 CRITICAL AREAS L,~YD£ OP, D~IINA~,~CE SECTION2. Section 21.22.300 of the Bremerton Municipal Code entitled "Appeals" is hereby amended to read as follows: 21.22.300 APPEALS. An appeal of a decision regarding a critical area may be made in accordance with the ..... ;~ ;~ r- ..... ;~ ~ ~,,,;~- XT~ ~Q a~ amcn~c~Section 21.02.935 BMC. SECTION& Section 21.22.310 of the Bremerton Municipal Code entitled "Enforcement" is hereby amended to read as follows: 21.22.310 ENFORCEMENT. (a) No regulated activity, as defined in Section .030 hereof, shall be conducted without a permit and without full compliance with this chapter. All activities not allowed or conditionally approved shall be prohibited. Thc Dircctor and~*u,**~'"~!~l~a 1 Critical Areas - Appeals and Enforcement (b) The Director shall have authority to enforce this chapter, issue delineation verifications, permits, and violation notices, and process violations through the use of administrative orders and/or civil and criminal actions as provided for herein. T ...... c ...... (c) In the event of violation, the City shall have the authority to order restoration, enhancement, or creation measures to compensate for the destroyed or degraded critical area. If work is not completed in a reasonable time following the order, the City may implement a process to restore or enhance the affected site. cr crcatcThis includes creation of new wetlands or streams to offset loss as a result o£violation in accordance with Section .270 hereof. The violator shall be liable for all costs of such action, including administrative costs. (d) Failure to comply with an administrative order of the director under this section shall constitute a violation subject to enforcement pursuant to Section .320. SECTION4. A new section, Section 21.22.320 ent~tled V~olat~on-Penalty", ~s hereby added to the Bremerton Municipal Code to read as follows: 21.22.320 VIOLATION-PENALTY. (a) Any violation of an,/provision of this chapter constitutes a civil violation under Chapter 1.04 BMC for which a moneta~, penalty may be assessed and abatement and/or enforcement may be required as provided therein. (b) 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 gull .ty of a misdemeanor pursuant to Section 1.12.020(2) BMC. Each day~ or a portion thereof, during which a violation occurs shall constitute a separate violation. SECTIONS. Severabilily. 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 6. F~ffective 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~i~p_.,~~ day of f/,~_~h~Z,./Xfl ,2004 PASSED by the City Council the~.af:J.d~ day of (~.¢j~j-O/..A.J ,2004 2 Critical Areas - Appeals and Enforcement D~EREN NYGR~EN, ~ Approved this ~ day of ~2-eA4~-.~-~ fl ,2004~ ' 4 ~ 5~May-. E or ATTEST: APPROVED AS TO FORM: PA[ILA )OH~SToN~ ...... i... City Clerk "~R'Ig~R A. LUBOVICH,~ity-Attomey PUBLISHED the~ day of ~~ ,2004 EFFECTIVE the _Zo2a~.2~day of "~~ ,2004 ORDiNANCE NO. R:\LEGAL\Ordinances\Community Development\Critical Areas Appeal and Enfl.doc 3 Critical Areas - Appeals and Enforcement AFFIDAVIT OF PUBLICATION No. Ad # 100129006 STATE OF WASHINGTON COUNTY OF KITSAP I, Christine Nelson, 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 TI-[E 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 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; November 2®, 2004 and that such newspaper was regularly distributed to its subscribers during ali of said period. That the full amount of the fee charged for the foregoing publication is the sum of $29.61 which amount has not been paid in full. .?,?,..."c.,1/~.Ry"..~. "'¢¢ (Signature ofPrincipal Clerk) Subscript. a~Oosw,r~n0~o I~.~ me this day of November 5', 2004. ¢1 -~ '- .""x>': ~'- ORmNANCi}¢ qt !'4B14' AN ORDINANCE of the City Council of the City of Bremerton, Washington, amending Sections 21.22.300 and 21.22.310 of the Bremerton Municipal Code relating to appeals of critical areas land use decisions and enforcement of violations of the critical areas code.- APPROVED by the City Council the 20th day of October, 2004.- PASSED by the City Council the 27th day of October, 2004.- November 2, 2004oo#100129006-