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Home My WebLink About4970 ORDINANCE NO. 4970 AN ORDINANCE of the City Council of the City of Bremerton, Washington, amending Chapter 2.13 of the Bremerton Municipal Code relating to the Administrative Hearing Examiner and amending Rate Table C of Chapter 3.01 of the Bremerton Municipal Code, making corrections to references to the Zoning Code. WHEREAS, the City adopted a new Zoning Code and codified it in Title 20 of the Bremerton Municipal Code; and WHEREAS, prior to the adoption of Title 20, the Zoning Code was codified as Title 21; and WHEREAS, Chapter 2.13 of the Bremerton Municipal Code relating to the Administrative Hearing Examiner references Title 21; and WHEREAS, Rate Table C of Chapter 3.01 of the Bremerton Municipal Code relating to rates and fees for Community Development also references Title 21; and WHEREAS, technical corrections to Chapter 2.13 and Rate Table C of Chapter 3.01 are required to correct references to the Zoning Code; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Section 2.13.070 ofthe Bremerton Municipal Code entitled "Jurisdiction" relating to the Administrative Hearing Examiner is hereby amended to read as follows: 2.13.070 JURISDICTION. (1) The Administrative Hearing Examiner shall have jurisdiction to: (a) conduct hearings, render decisions, make recommendations and to hear appeals of administrative decisions on land use applications as specified in Title ~20 of the Bremerton Municipal Code, as amended. (b) conduct public hearings on all Local Improvement Districts and Utility Local Improvement Districts. (c) hear an appeal of a department director's administrative decision when provided in the Bremerton Municipal Code. (d) hear code enforcement matters pursuant to provisions of the Bremerton Municipal Code. (e) conduct public hearings when required under the provisions of the State Environmental Policy Act; conduct open record public hearings or closed-record appeals in I BMC 2.13 Technical Corrections accordance with the provisions of the Bremerton Municipal Code; conduct such other hearings as the city council may from time to time deem appropriate. (f) hear such other matters as may be designated by the Bremerton Municipal Code and/or the City Council. (2) It is the intent that all quasi-judicial appeals ofland use decisions, which have prior to the enactment of this chapter been heard by the city council and/or the planning commission, now be heard by the administrative hearing examiner pursuant to this chapter, and to the extent other provisions of the Bremerton Municipal Code are inconsistent, jurisdiction for such quasi-judicial appeals will be with the administrative hearing examiner unless otherwise required by state or federal law. (3) Unless otherwise indicated, all other references in the Bremerton Municipal Code to "hearing examiner" shall not mean the municipal court hearing examiner except for those matters established pursuant to Chapter 2.62 of the Bremerton Municipal Code over which the municipal court hearing examiner will have jurisdiction. SECTION 2. Section 2.13.080 of the Bremerton Municipal Code entitled "Duties" relating to the Administrative Hearing Examiner is hereby amended to read as follows: 2.13.080 DUTIES. The Administrative Hearing Examiner shall have the following duties with respect to applications of matters submitted before him or her. (1) Appeals of administrative decisions/determinations. The Administrative Hearing Examiner shall hear open record appeals of administrative decisions/determinations submitted before him or her, prepare a record thereof, and enter findings of fact and conclusions based upon these facts, which findings and conclusions shall represent final action unless appealed as specified in SectionBMC 2. 13.-l4G130-BMG, for the following: (a) Appeals of all Type I and Tvpe II proiect permit land use administrative decisions as-identified in BMC 20.02.040 and appealed pursuant to set forth in BMC 21.02.84020.02.140(a)(3). (b) f~ppeals of all Type II land use administrative decisions as set forth in BMC 21.02.845. (he) Appeals of Business License denials, revocations and regulations as authorized pursuant to Title 5 of the Bremerton Municipal Code. (f4) Appeals of right-of-way use permit application decisions made pursuant to Chapter 11.02 BMC. (!Ie) Appeals of administrative decisions on shoreline substantial developmental permits pursuant to Section 21.02.935(b)(5) BMC 20.02. 140(b)and Chapter 7(c)(4) of the City of Bremerton Shoreline Master Program. (~f) Appeals of administrative decisions on short subdivisions and plats pursuant to Section 20.04.100 BMC 20.12.100. (fg) Appeals of administrative determinations applying the Uniform City Building Code, Uniform Plumbing Code, Uniform Code for the Abatement of Dangerous Buildings and the Bremerton Housing Code pursuant to Section 17.04.070 BMC 17.04.140. (gh) Appeals of administrative determinations applying the Uniform Fire Code pursuant to Section 18.01.100 BMC 18.02.180. 2 BMC 2.13 Technical Corrections (2) Decisions of the Administrative Hearing Examiner. The Administrative Hearing Examiner shall receive and examine available information, conduct open record public hearings, prepare a record thereof, enter findings of fact and conclusions based upon these facts, and render a decision, which decision shall represent the final action on the application, unless appealed, as specified in BMC 2.13.-l4G130 for all Type III land useproject permit applications as set forthidentified in BMC 21.02.85020.02.040. (3) Recommendations of the Administrative Hearing Examiner. The Administrative Hearing Examiner shall receive and examine available information, conduct open pre-decision public hearings, prepare a record thereof and enter findings of fact and conclusions based upon those facts, together with a recommendation to the city council, for the following: (a) All Type IV project permit applications as set foridentified in BMC 21.02.85520.02.040. (b) Local Improvement Districts and Utility Local Improvement District formation and assessments pursuant to Chapter 11.04 BMC and Chapters 35.43 and 35.44 RCW. SECTION 3. Section 2.13.110 oftheBremerton Municipal Code entitled "Decisions and Recommendation" relating to the Administrative Hearing Examiner is hereby amended to read as follows: 2.13.110 DECISIONS AND RECOMMENDATION. (1) The Administrative Hearing Examiner's recommendation or decision may be to grant or deny the application, or the Administrative Hearing Examiner may recommend or require of the applicant such conditions, modifications and restrictions as the Administrative Hearing Examiner finds necessary to make the application compatible with its environment, with applicable State laws, and to carry out the objectives and goals of the comprehensive plan, the zoning code, the subdivision code, and other codes and ordinances of the City. Conditions, modifications and restrictions which may be imposed are, but are not limited to, additional setbacks, screenings in the form of landscaping and fencing, covenants, easements and dedications of additional road rights-of-way. Performance bonds or other financial assurances may be required to ensure compliance with conditions, modifications and restrictions. (2) In regard to all Type IV project permit applications identified in BMC 20.02.040 set forth in BMC 21.02.g55, the Administrative Hearing Examiner's findings and conclusions and recommendation shall be submitted to the City Council, which shall have the final authority to act on such applications. The hearing by the Administrative Hearing Examiner shall constitute an open record pre-decision hearing before the final decision is made by the City Council. The Administrative Hearing Examiner shall file its recommendation with the City Council at the expiration of the period provided for reconsideration, or if reconsideration is accepted, within ten (10) working days after the decision on reconsideration. (3) When the Administrative Hearing Examiner renders a decision or recommendation, the Administrative Hearing Examiner shall make and enter written findings from the record and conclusions therefrom which support such decision. The decision shall be rendered within ten (10) working days following conclusion of all testimony and hearings, unless a longer period is mutually agreed to on the record by the applicant and the Administrative Hearing Examiner. The copy of such decision, including findings and conclusions, shall be 3 BMC 2.13 Technical Corrections transmitted by first class mail to the applicant and other parties of record in the case requesting the same. (4) In the case of shoreline substantial development permits, pursuant to BMG 21.02.860(d)(4)RCW 90.58.14001 )(a)(iii), appeals shall be decided within thirty (30) calendar days of filing of the appeal. (5) The filing fee as set forth in Chapter 3.01 BMC paid by the appellant for any appeal to the Administrative Hearing Examiner shall be refunded to the appellant if the appellant is the substantially prevailing party. SECTION 4. Section 2.13.150 of the Bremerton Municipal Code entitled" City Administrative Staff Are To Be Considered A Person Or Party" relating to the Administrative Hearing Examiner is hereby amended to read as follows: 2.13.150 CITY ADMINISTRATIVE STAFF ARE TO BE CONSIDERED A PERSON OR PARTY. For the purpose ofBMC 2. 13.+4G130 and 2.13.~140, the city's administrative staff shall be considered a "person" and/or "party" and shall have the same rights as any other person or party to make requests for reconsideration to the Administrative Hearing Examiner or to appeal decisions of the Administrative Hearing Examiner to superior court or to another designated forum. SECTION 5. Rate Table C, Exhibit 1 Building and Other Permit Fees, Note 9 of Chapter 3.01 of the Bremerton Municipal Code relating to rates and fees for Community Development is hereby amended to read as follows: 9. Fence Building Permit Fee per BMC 17.04.040(c)~...........$25.00 SECTION 6. Severa b ilitv. If anyone 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. PASSED by the City Council the ~ Approved this H.A) day of 4 BMC 2.13 Technical Corrections ATTEST: APPROVED AS TO FORM: P ~ BOVICH, City Attorney PUBLISHED the !::th day of ~r EFFECTIVE the / Zt:-.Iu day of ORDINANCE NO. .Jfq 7(J ,2006 ,2006 R:\Legal\Legal\Ordinances\legal\2.13 technical corrections.doc 5 BMC 2.13 Technical Corrections AFFIDAVIT OF PUBLICATION Account # 42742 / Ad # 17442 ST ATE OF WASHINGTON COUNTY OF KITSAP I, Sarah Weller, 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 KITSAP 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, a weekly newspaper in 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 May 8, 2006, and that such newspaper was regularly distributed to its subscribers during all of $42.40 which amount has not been paid in full. ~~ LL~_ (Signature of Principal Clerk) Subscribed and sworn to before me this day of July 27, 2006. OFFICIAL SEAL AWN BLATT NOTARY PUBLIC - STATE OF WASHINGTON ! My Commission Expires July 30, 2006 J l Notary Public in and for the State of Washington, Kitsap County. ORDINANCE NO. 4970 AN ORDINANCE of the City Council of the City of Bremerton, Washington, amending Chapter 2.13 of the Bremerton Municipal Code relating to the Administrative Hearing Examiner and amending Rate Table C of Chapter 3.01 of the Bremerton Municipal Code, making corrections to references to the Zoning Code. PASSED by the City Council the 3rd day of May, 2006. The full text of this ordinance is available from the City Clerk's Office, 345 Sixth Street, Suite 600, Bremerton, W A 98337. May 8, 2006...............................AD #20002837