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Agenda 01/26/2006 SPOKANE VALLEY PLANNING COMMISSION AGENDA Council Chambers - City Hall 11707 E. Sprague Avenue January 26, 2006 6:00 p.m.—9:00 p.m. I. CALL TO ORDER II. PLEDGE OF ALLEGIANCE III. ROLL CALL IV. APPROVAL OF AGENDA V. APPROVAL OF MINUTES VI. PUBLIC COMMENT VII. COMMISSION REPORTS VIII. ADMINISTRATIVE REPORT IX. COMMISSION BUSINESS New Business: Discussion : items on Feb. 23, 2005 agenda for public hearing • An ordinance repealing Sections 14.406 and 14.412; amending Sections 14.402.140, 14.404.082(5), 14.404.102(2), 14.504.020, 14.504.040, 14.504.060, 14.512.000, 14.702.100(3), 14.706.060, and 14.806.080 of the Interim Zoning regulations relating to the Hearing Examiner and hearing and appeals procedures. • An ordinance repealing and amending sections of the SVMC 7.05.010-200 relating to nuisance requirements. • An ordinance repealing and amending sections of the SVMC Sections 10.30.150-600 relating to Code Compliance • An ordinance repealing Spokane Valley Ordinance 05-015 which renumbered various provisions of the Spokane Valley Municipal Code. • An ordinance repealing portions of SVMC Section 10.30.060, as established by Spokane Valley Ordinance 03-053 repealing certain zones and Phase I Regulations. Old Business Discussion: Draft Definitions and Draft Schedule of Permitted Uses X. FOR THE GOOD OF THE ORDER XI. ADJOURNMENT COMMISSIONERS CITY STAFF Fred Beaulac Marina Sukup, AICP Robert Blum, Vice-Chair Greg McCormick, AICP John G. Carroll Scott Kuhta, AICP David Crosby Mike Basinger, Assoc. Planner Gail Kogle, Chair Deanna Griffith, Admin. Assist Ian Robertson Marcia Sands www.spokanevalley.orq CITY OF SPOKANE VALLEY Request for Planning Commission Action Meeting Date: January 26th, 2006 City Manager Sign-off: Item: Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing ❑ information X admin. report ❑ pending legislation AGENDA ITEM TITLE: proposed Ordinance changes related to Zoning Code and Code Compliance GOVERNING LEGISLATION: SVMC 10.30; SVMC 7.05; SVMC 7.10 PREVIOUS COUNCIL ACTION TAKEN: The City Council has conducted first reading on all five proposed ordinance changes and instructed the Planning Commission to review the proposals and make recommendations on them. BACKGROUND: The five proposed ordinance changes will be discussed in the following order: (1) The City has adopted several ordinances that provide procedural guidance for filing appeals to the City's Hearing Examiner, and from the Hearing Examiner to either the Council or Court. Many of the adopted regulations are interim ones that were intended to be replaced when the City had more time to look at tailoring its regulations specifically for the City. When the City adopted several of the replacement ordinances, a few items were missed that should have been repealed, specifically in this instance Interim Zoning Code Chapter 14.412. This proposed Ordinance would accomplish one such housecleaning to preclude ambiguity. Additionally, Interim Zoning Code Chapter 14.406, providing penalties for zoning code violations, should have been repealed in its entirety because of the later-adopted provision of SVMC 10.30.150, et seq.. This Ordinance would accomplish that. (2) When the City originally adopted the nuisance provisions in 7.05, it included penalty provisions. Those provisions are nearly identical to those penalty provisions in 10.30.150, et seq., and this is unnecessary duplication. This proposed action would remove those, and instead make a violation subject to the penalties of 10.30. This action also adds junk vehicles to the nuisance provisions of 7.05, and then repeals in its entirety 7.10. (3) This proposed change seeks to refine the code compliance tools. As our code compliance team have used the code provisions, they have found that some things work well, and others don't. One such tool is the Notice of Violation. This would remove that from the code, as well as prioritizing complaints as they come in. This was necessary when the City was a startup and had a massive backlog of non-compliant properties to be able to respond to them. That backlog has been removed, and all complaints are treated the same. (4) This Ordinance repeals, for now, 05-015, the Ordinance renumbering specific sections of the SVMC. The City staff is in the process of developing an entirely new development code to be considered by the City Council. This numbering system will be used, at least in part, in the development of this code. However, it currently creates conflict between existing sections of the code and could confuse code users. The ordinance is being repealed to assist in an orderly transition to the new UDC. (5) In adopting the entire Spokane County Zoning Code as our Interim Zoning Code, a number of zone designations were adopted that were not applicable to the City of Spokane Valley. Other sections were sections adopted by the county but never used or applied by the City of Spokane Valley. This ordinance will simply repeal those chapters that are not applicable. OPTIONS: Review and recommend approval or non-approval as drafted or amended. RECOMMENDED ACTION OR MOTION: BUDGET/FINANCIAL IMPACTS: NA STAFF CONTACT: Cary P. Driskell, Deputy City Attorney; Mike Connelly, City Attorney ATTACHMENTS: (1) Ordinance repealing 14.406 and 14.412, and amending 14.402.140, 14.404.082(5), 14.404.102(2), 14.504.020, 14.504.040, 14.504.060, 14.512.000, 14.702.100(3), 14.706.060 and 14.806.080; (2) Ordinance repealing 7.10 and amending portions of 7.05; (3) Ordinance repealing and/or amending portions of 10.30.150-.600; (4) Ordinance repealing Ordinance 05-015; (5) Ordinance repealing portions of 10.30.060, removing those zones not in use by the City. CITY OF SPOKANE VALLEY SPOKANE COUNTY,WASHLNGTON ORDINANCE NO.06-*** AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, WASHINGTON, REPEALING PORTIONS OF SPOKANE VALLEY MUNICIPAL CODE SECTION 10.30.060 AS ESTABLISHED BY SPOKANE VALLEY ORDINANCE 03-053, PROVIDING FOR SEVERABILITY,AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, The City Council adopted Ordinance 03-053 on March 25, 2003, which was codified in part in the Spokane Valley Municipal Code Section 10.30.060 and which adopted specific portions of the Spokane County Zoning Code specifically sections 14.100-800, and Spokane County Phase One regulations; and WHEREAS, City staff has identified specific sections of the adopted Spokane County Zoning Code and Phase One Regulations that have no corresponding zone within the City of Spokane Valley, are not reflective of the provisions of the applicable Interim Comprehensive Plan or Map adopted by the City of Spokane Valley, or are not regulations or controls used or relied upon by the City of Spokane Valley; and WHEREAS,the City Ceouncil of the City of Spokane Valley is in the process of adopting its own Comprehensive Plan and Development Regulations to implement that plan; and WHEREAS, this Ordinance is necessary in order to facilitate public understanding of the applicable development code during this transition period and eliminate all provisions that are no longer applicable or necessary prior to the establishment of the new comprehensive plan and development regulations; and WHEREAS, the following provisions are necessary to protect the health, safety, and welfare of the general public and the environment; NOW, THEREFORE, the City Council of the City of Spokane Valley, Washington, ordains as follows: Section 1. Repeal of portions of the Spokane County Zoning Code as adopted by SVMC 10.30.060. Spokane Valley Municipal Code Section 10.30.060 is herby amended by repealing in their entirely the following chapters of the adopted Spokane County Zoning Code: 1. Section 14.609,Rural Residential 5 2. Section 14.638,Exclusive Agricultural 3. Section 14.642 Rural Settlement 1 4. Section 14.643 Urban Reserve Zone 5. Section 14.644 Forestry 6. Section 14.708 Neighborhood/Community Overlay 7. Section 14.412 Solar Developments, and 8. Section 14.820 Bonus Density for Sewer Hookup. Section 2. Repeal of portions of the Spokane County Phase One Development Regulations as adopted by SVMC 10.30.060. Spokane Valley Municipal Code Section 10.30.060 is herby amended by repealing in their entirely the following sections of the adopted Spokane County Phase One Development Regulations: 1. Section 14.824,Rural Cluster Development; 2. Section 14.609,Rural Residential 5; 3. Section 14.638,Exclusive Agricultural; 4. Section 14.644,Forestry; 5. Section 14.643 Urban Reserve Zone; and 6. Section 14.646 Rural Conservation. Section 3. —Severability. If any section, sentence, clause or phrase of this ordinance shall be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this ordinance. Section 4. Effective Date. This ordinance shall be in full force and effect five days after publication of this ordinance or a summary thereof occurs in the official newspaper of the City as provided by law. PASSED by the City Council this th day of , 2006. Mayor, Diana Wilhite ATTEST: City Clerk, Chris Bainbridge Approved as to Form: Office of the City Attorney Date of Publication: Effective Date: 2 CITY OF SPOKANE VALLEY SPOKANE COUNTY, WASHINGTON ORDINANCE NO. 06- AN ORDINANCE OF THE CITY OF SPOKANE VALLEY,WASHINGTON, REPEALING SPOKANE VALLEY MUNICIPAL CODE CHAPTER 7.10 IN ITS ENTIRETY; REPEALING AND AMENDING SECTIONS OF THE SPOKANE VALLEY MUNICIPAL CODE SECTIONS 7.05.010-200, SPECIFICALLY AMENDING SECTIONS 7.05.020, 030, 040, 050,AND 060,AND REPEALING SECTIONS 7.05.070, 080,090, 100, 110120, 130, 140, 150, 160, 170, 180, 190,AND 200. WHEREAS, the City of Spokane Valley adopted Ordinance 03-083 regulating nuisance conditions on public and private property. Ordinance 03-083 was subsequently amended by Ordinance 04-038 and Ordinance 05-014; and WHEREAS, the City adopted Ordinance 04-013 regulating compliance with code provisions; and WHEREAS, the two Ordinances were subsequently codified as SVMC 7.05.010- 200 and SVMC 10.30.150-600 respectively; and WHEREAS, the provisions of these contain some duplicative sections, contain verbiage no longer consistent with City ordinances and procedures, and require revisions to ensure consistency and clarity; and WHEREAS, the City adopted Ordinance 03-067 regulating the keeping of junk vehicles on private property,which was subsequently amended by Ordinance 04-009;and WHEREAS, Ordinance 03-067, as amended by Ordinance 04-009, was subsequently codified as SVMC 7.10; and WHEREAS, the provisions of SVMC 7.10 address public nuisance issues, and should therefore be included in SVMC 7.05; and WHEREAS, the following changes are necessary to protect the health, safety, welfare of the general public and the environment; NOW, THEREFORE, the City Council of the City of Spokane Valley, Washington ordains as follows: Section 1. Spokane Valley Municipal Code Chapter 7.10 is repealed in its entirety. Section 2. Spokane Valley Municipal Code sections 7.05.010-200 are hereby amended and/or repealed as set forth below. 7.05.010 Purpose and intent. The purpose and intent of this chapter is to create and maintain a safe and healthy environment for the citizens of the City by identifying and reducing the conditions that contribute to injury, illness, devaluation of property, and the incidence of crime through the existence of nuisance conditions on public and private property. (Ord. 03-083 § 1, 2003). 7.05.020 Definitions. "Abate" means to take whatever steps are deemed necessary by the director to assareensure that the property complies with applicable nuisance ordinance requirements. Abatement may include, but is not limited to, rehabilitation, demolition, removal, replacement or repair. "City"means the City of Spokane Valley,Washington. "Code compliance officer" means a regular or specially commissioned officer so designated by the director of community development for the City. "Days"will be counted as business days when five or fewer days are allowed to do an act required by this chapter. "Days" will be considered calendar days when more than five days are allowed to do an act required by this chapter. "Determination of compliance" means a written statement from the director that the director has reviewed evidence to determine that the violation(s) has been sufficiently abated as to the nuisance violation(s) stated in the voluntary compliance agreement; notice of violation, or notice and order. "Director" means the community development director for Spokane Valley, or his/her designee. "Found in violation"means that: 1. A citation or notice and order has been issued and not timely appealed; 2.A voluntary compliance agreement has been entered into; or 3. The hearing examiner has determined that the violation has occurred and such determination has not been stayed or reversed on appeal. "Hearing examiner" means the City of Spokane Valley hearing examiner, as provided by Chapter 10.35 SVMC as adopted or hereafter amended. "Impound." for the purposes of this chapter, means to take and hold a vehicle in legal custody. "Inoperable" means incapable of being operated legally on a public highway, including, but not limited to. not having a valid, current registration plate or current certificate of registration. "Junk vehicle" means a vehicle substantially meeting at least three of the following criteria: A.Is three years old or older; B. Is extensively damaged, such damage including but not limited to any of the following: a broken window or windshield, or missing wheels, tires, motor. or transmission:, C. Is apparently inoperable; D. Has an approximate fair market value equal only to the approximate value of the scrap in it. "Mitigate" means to take measures, subject to City approval, to minimize the harmful effects of the nuisance violation where remediation is either impossible or unreasonably burdensome. "Nuisance" means the unreasonable or unlawful use by a person, of real or personal property, or the unreasonable, indecent or unlawful personal conduct which materially interferes with or jeopardizes the health, safety, prosperity, quiet enjoyment of property or welfare of others, offends common decency or public morality, or obstructs or interferes with the free use of public ways,places or bodies of water. "Person" means any individual, association, partnership, corporation or legal entity, public or private, and the agents and assigns of such individual, association, partnership, corporation or legal entity. "Person responsible for a nuisance violation"means the person who caused the violation, if that can be determined, and/or the owner, lessor, tenant or other person entitled to control, use and/or occupancy of the property where the nuisance violation occurs. "Person(s) responsible for a junk vehicle nuisance violation"means: A. The land owner where the junk vehicle is located as shown on the last equalized assessment roll; and B. The last registered owner of the vehicle, unless the owner in the transfer of ownership of the vehicle has complied with RCW 46.12.101; and C. The legal owner of the vehicle. "Remediate" means to restore a site to a condition which does not pose a probable threat to the general public health, safety or welfare. "Vehicle," for the purposes of SVMC 7.05.040(R), includes every device capable of being moved upon a public highway and in. upon, or by which any persons or property is or may be transported or drawn upon a public highway. including bicycles. The term does not include devices other than bicycles moved by human or animal power or used exclusively upon stationary rails or tracks, as set forth in RCW 46.04.670. (Ord. 03-083 § 2, 2003; Ord. 04-009 § 2, 2004; Ord. 03-067 § 2, 2003). 7.05.030 Enforcement, authority and administration. A. In order to discourage public nuisances and otherwise promote compliance with applicable nuisance ordinance provisions, the director may, in response to field observations or reliable complaints, determine that nuisance ordinance violations have occurred or are occurring, and may utilize any of the enforcement provisions contained in SVMC 1. Entcr into voluntary compliance agree---- • - - - =- •: - - nuisancc violations; this chapter; judicial abatement order and charge the r usonable costs of such work as authorized by this chapter; service in lieu of paying civil penalties as auth: ' : . ' .! . ' 0'= willful and knowing violations as a misdemeanor offense. B. The procedures set forth in this chapter arc not exclusive. These procedures shall not or practices which constitute a nuisance violation. D. In addition to, or as an alternative to, utilizing the procedures set forth in this chapter, E. The provisions of this chapter shall in no way adversely affect the rights of the owner, lessee or occupant of any property to recover all costs and expenses incurred and required by this chapter from any person causing such violation. thereof to the acts or omissions of a public or private entity or individual, or acts or shall be made in writing supported by appropriate facts. For purposes of this subsection, are not • :-• , • - - : • . '" :. .. - . : . .b b. _.• - - -• .: . " , • • • alleged nuisance violation. Failure is -"-- -- _ - -- - - - - •: - •- • with regard to that case. H. The director may, upon presentation of proper credentials, with the consent of the the consent or warrant to perform the duties imposed by this chapter. It is the intent of the constraints on entry, and the holdings of the relevant court cases regarding entry. The or other appropriate City department or other non City agency assist in enforcement. J . The director is authorized to determine, based upon past complaints regarding a property, subsequent field investigations, and other relevant criteria, whether a complaint is reliable. If the director determines a complaint is not reliable, the director is not obligated to conduct a field investigation. (Ord. 03-083 § 3, 2003). 7.05.040 Nuisances prohibited. No person, firm, or entity shall erect, contrive, cause, continue, maintain, or permit to exist any public nuisances within the City. Prohibited public nuisances include, but are not limited to: A.Vegetation. 1. Overhanging limbs or branches that are less than eight feet above a public walkway or sidewalk, or less than 14 feet above a public street. 2. Vegetation that obstructs or hinders the use of any public walkway, sidewalk, or street, or that obstructs or obscures the view of traffic or traffic control devices, pursuant to clear-view triangle policies adopted by the City: :--. b- -: . -- -- - Valley public works director. 3. Any growth of noxious weeds or any toxic vegetation shall be subject to Chapter 16-750 WAC as currently adopted and hereafter amended. B.Buildings, Structures,Fences. 1. Buildings or portions thereof which are deemed dangerous by the Spokane Valley building code (currently adopted Uniform Code for the Abatement of Dangerous Buildings); provided, that such conditions or defects exist to the extent that the life, health,property or safety of the public or the structure's occupants is endangered. 2. Any fence that obstructs or obscures the view of traffic or traffic control devices, pursuant to clear-view triangle policies adopted by the City.promulgatcd by the Spokane Valley public works director. C. Sidewalks. 1. Any protrusion, awning, or overhang that inhibits or obstructs use of a public walkway or sidewalk. 2.Any object, construction, or damage that inhibits or obstructs the surface use of a public walkway or sidewalk. 3. Snow or ice not removed from a public sidewalk within a reasonable time. 4.Accumulations of dirt or debris not removed from a public sidewalk. D. Unauthorized Signs. Any sign not in compliance with the City's currently adopted sign code. 1. All unauthorized signs, signals, markings or devices that arc displayed to resemble an official traffic control device. way to an official traffic control device. E. Building and Construction Materials. Accumulations, stacks, or piles of building or construction materials not associated with a current, in=progress project including metal, wood,wire, electrical or plumbing materials in disarray or exposed to the elements on the property. This provision does not apply to a designated contractor's yard, as defined in Chapter 14.300 of the Spokane County zoning code. F. Fire Hazards. Stacks or accumulations of newspapers, dead vegetation (excluding properly maintained compost piles), cardboard, or other paper, cloth, or wood products left in a manner that could pose a substantial risk of combustion or the spread of fire. G. Toxic or Caustic Substances. Improper storing or keeping of any toxic, flammable, or caustic substances or materials. H. Smoke, Soot, or Odors. The escaping or emitting of any unnecessary or harmful smoke, soot, fumes, or gases or odors offensive or harmful to persons of ordinary sensibilities. I.Bodies of Water. 1. Except for City-approved structures related to storm drainage systems, all stagnant,pooled water in which mosquitoes, flies or other insects may multiply. 2. The polluting of any waterway, well, or body of water not subject to the jurisdiction of the Spokane fRegional}}Health dDistrict. J. Garbage, Recyclables, Compost, and Infestations. 1. Garbage not kept in a proper receptacle with a tight-fitting lid. 2. Accumulations of broken or neglected items, litter, salvage materials, and junk not in an approved enclosed structure, in the front, back, or side yards of the property. 3.Recyclables not properly stored and regularly disposed of. 4. Creating or maintaining accumulations of matter, including foodstuffs, that harbor or are an attraction for the infestation of insects or vermin; failing to eliminate such infestations; or failing to eliminate intrusive insects. K. Furniture and Appliances. 1. All broken or discarded household furniture, furnishings or equipment, or any appliances not in an approved enclosed structure, in the front, side, or back yard of a property. 2. All accessible refrigeration appliances not having the doors secured or removed, or any enclosure that can entrap humans or animals. L. Holes, Pits, and Excavations. All uncovered holes, pits, or excavations not marked or guarded that are in excess of 10 or more inches in width at the top and four feet or more in depth. M. Machinery and Equipment. Broken, inoperable, accumulations of, or parts of machinery or equipment not in an approved enclosed structure, in the front, back, or side yards of the property. This section excludes nuisance vehicles that are regulated by Chapter SVMC 7A-005.040(R) SVMC. N. Attractive Nuisances. Any accessible attractive nuisance to children including, but not limited to, unattended machinery or equipment, unsecured abandoned or vacant buildings, open and unattended vehicle trunks, or other unguarded conditions or situations that could injure or trap a child. O.Noise. 1. Any noise or sound that intrudes into the property of another person that exceeds the maximum permissible noise levels as established in WAC 173-60-040, as currently adopted and hereafter amended. 2. The frequent, repetitive or continuous sounding of any horn or siren attached to a motor vehicle, except as a warning of danger or as specifically permitted by law. 3.The creation of frequent, repetitive or continuous sounds in connection with the starting, operation, repair, rebuilding or testing of any motor vehicle, motorcycle, off- highway vehicle or internal combustion engine within a residential zone, so as to unreasonably disturb or interfere with the peace and comfort of owners or possessors of real property. 4. The noisy operation of any automobile, truck, motorcycle or other vehicle in such a nonemergency manner to cause the squealing of tires by the rapid acceleration of the vehicle; the loud and continuous grinding, thumping or grading noises from trucks or other commercial vehicles; the engine compression noise from the unmuffled or poorly muffled compression braking of trucks; the sound from any motor vehicle audio sound system such as tape players, radios, and compact disc players at volumes so as to be audible greater than 50 feet from the vehicle itself; and loud, excessive engine or exhaust noise from unmuffled vehicles or vehicles operating with inadequate muffler systems to prevent unreasonably loud noises. P. Dust. Disturbing the topsoil of any land area, or permitting the same, by any person without taking affirmative measures to suppress and minimize the blowing and scattering of dust so as to unreasonably disturb or interfere with the peace and comfort of owners or possessors of real property. This provision does not include permitted agricultural activities as legal nonconforming uses or permitted agricultural activities in General Agricultural zones. Q. Nuisance Premises..Any premises or structures allowing or maintaining prostitution, lewd behavior, underage consumption of alcohol, the harboring of juvenile runaways or wanted persons, or where there is the use, sale, manufacturing or distributing of any narcotic or controlled substance, or at which there is a pattern of criminal activity, are prohibited nuisances. (Ord. 03-083 § 4, 2003). R. All junk vehicles, or parts thereof, placed, stored or permitted to be located on private property within the City limits are public nuisances to be abated as provided in this chapter. (Ord. 04-009§ 3, 2004; Ord. 03-067 § 3, 2003). 1.This chapter does not apply to: a.A vehicle or part thereof that is completely enclosed within a building in a lawful manner where it is not visible from the street or other public or private property; b. A vehicle or part thereof that is stored or parked in a lawful manner on private property in connection with the business of a licensed dismantler or licensed vehicle dealer, and is fenced according to the provisions or RCW 46.80.130; c. A junk vehicle does not include a vehicle which is in the process of being repaired, as evidenced by the good faith efforts of the vehicle owner. This exception shall include having up to one "parts" vehicle, from which parts are being salvaged concurrent with the repair process for the vehicle being excepted from compliance in this section. Good faith efforts of repair can include producing invoices showing work or parts purchased for repair or renovation within 30 days prior to issuance of the notice of violation, or a declaration under penalty of perjury that the vehicle is in the process of being repaired and has been worked on within 30 days prior to issuance of the notice of violation. This exception allows up to 60 days for good faith repair. Upon good cause shown, the director shall have the discretion to grant one additional 60-day exception period to this chapter. Under no circumstance shall any good faith efforts of repair extend for more than 120 days, after which time this exception shall no longer apply. This exception shall apply to one vehicle and one parts vehicle per parcel of land per calendar year. d. There shall be allowed as exceptions to this chapter up to two junk vehicles in UR-3.5 and UR-7 zones, so long as they are completely sightscreened by maintained Type I or II landscaping. a maintained landscaped berm, or fencing, as may be required in the currently adopted Zoning Code. • - - Junk vehicles allowed by this exception are restricted to only the UR-3.5 and UR-7 zones. (Ord. 04-009 § 4, 2004: Ord. 03-067 § 4, 2003). 7.05.050 Initial investigation. A. Upon receipt of a complaintExcept in emergencies and for low ' - . - - - , field verification should be made if possible prior to, concurrent with, or shortly after notifying the person responsible for the nuisance violation or alleged nuisance violation. issuing the letter. B.Advising interested parties of receipt of complaint and/or field investigation: 1. The person responsible for the nuisance violation should be advised of any complaint, by personal contact, phone, posting and mail (return receipt requested). The letter should state that a violation may have occurred, but has not been verified, and should ask the recipient to contact the person issuing the letter. 2. The complainant should be contacted by phone and, if possible, in person during the field visit. C. The director will record all violations in a database system, including a list of all actions taken on the complaint. D. To the extent possible, the director shall check the City's records and the records of other agencies for previous violations on the site of the alleged violation or by the owner or occupant of the site or such other person as may be responsible for the nuisance violation. E. Staff undertaking field investigations shall comply with the provisions of this chapter regarding right of entry. (Ord. 03-083 § 5, 2003). 7.05.060 Procedures when probable nuisance violation is identified. A. The director shall determine, based upon information derived from sources such as field observations, the statements of witnesses, relevant documents and data systems for tracking violations and applicable City codes and regulations, whether or not a nuisance violation has occurred. As soon as the director has reasonable cause to determine that a violation has occurred, he or she shall document the violation and promptly notify the person(s)responsible for the nuisance violation. B. Except as provided in subsection D of this section, a warning shall be issued verbally or in writing promptly when a field inspection reveals a violation, or as soon as the director otherwise determines a nuisance violation has occurred. The warning shall inform the person determined to be responsible for a nuisance violation of the violation and allow the person an opportunity to correct it or enter into a voluntary compliance agreement as provided for by this chapter. Verbal warnings shall be logged and followed up with a written warning within five days, and the site shall be re-inspected within 14 days. C. The guidelines set forth for warnings, notifications and re-inspections are not jurisdictional, and failure to meet them in any particular case shall not affect the City's authority to enforce nuisance provisions with regard to that case. D. No warning need be issued in emergencies, repeat violation cases, cases that are already subject to a voluntary compliance agreement, cases where the violation creates, or has created, a situation or condition that is not likely to be corrected within 72 hours, or when the person responsible for the nuisance violation knows, or reasonably should have known,that the action was a nuisance violation. E. Notice and orders should be issued in all cases where the director determines that the violation is unlikely to be fully corrected within 72 hours. F. The director shall use all reasonable means to determine the person actually responsible for the nuisance violation occurring when the property owner has not directly or indirectly caused the violation. G. If the violation is not corrected, the director shall utilize the enforcement provisions contained in SVMC 10.30 as adopted or hereafter amended to obtain compliance with the applicable code provisions., - • • - --; - •b '- = _ - 10 days of notification by the director, a noticeand order should be issued. A notice of violation may H. All complainants will be asked by staff at the time the complaint is filed whether they wish to be kept advised of enforcement efforts. Any complainant who provides a mailing address and requests to be kept advised of enforcement efforts should be mailed a copy of all written warnings, voluntary compliance agreements, notice of violations, and notice and orders issued by the director with regard to the alleged violation. Any complainant may appeal a determination of nuisance ordinance compliance issued by the director pursuant to SVMC.7.05.19010.30.560. (Ord. 03-083 § 6, 2003). 7.05.070 Voluntary compliance agreements. agreement as provided for in this chapter: issuance of a verbal or written warning, a notice of violation, notice and order or a stop work order and before an appeal is decided pursuant to SVMC 7.05.190; 2. Upon entering into a voluntary compliance agreement, a person responsible for limit for compliance, or a modification of the required corrective action, may be who signed the original voluntary compliance agreement; and person( • 2. The address or other identifica ':- : -- - • - - -- - • •=-; 3. A description of the violation and a reference to the provision(s) of this chapter which has been violated; property and compliance agreement; SVMC 7.05.140(A)(1) if the voluntary compliance agreement is not satisfied; 7. An acknowledgement that if th- - _ --- - - -'- - fees and costs; 8. An acknowledgement that if a penalty is assessed, and if any assessed penalty, property where the nuisance violation occurred if owned by the person responsible for the nuisance violation, and that the unpaid amount may be a joint and several constituted a nuisance violation; and 10. An acknowledgement that the person responsible for the nuisance violation understands that he er she has the right to be 1. If the terms of the voluntary compliance agreement arc not completely met, and amount of $250.00, plus all costs incurred by the City to pursue compliance and to --" • :- -the-date that an appeal of any preceding notice of violation or order. meet the terms of a voluntary compliance agreement. (Ord. 03 083 § 7, 2003). 7.05.080 Notice of violation Civil monetary penalty. treated as new complaints for purposes of this chapter. However, such subsequent B. Effect. 1. A notice of violation represents a determination that a nuisance violation has penalties assessed within 20 days of the date of issuance of the notice of violation, or appeal the notice of violation pursuant -- : : -:- •- '' .e . •' 4. Failure to app 1 the notice of violation within 20 days shall render the notice liable as a person responsible for a nuisance violation. 5. Imposition of a civil penalty creates a joint and several personal obligation in violation. The office of the city attorney, on behalf of the City of Spokane Valley, may collect the civil penalties assessed by any appropriate legal means. this chapter. C. Contents. The notice of violation shall include all of the following information: number where the violation occurred or is located, or a description identifying the property by commonly used locators; • violated; 5. A statement that the notice of violation represents a determination that a nuisance violation has occurred and that the named party is subject to a civil penalty; 6. A statement of the amount of the ci . . . - :, -. =. ---- - - penalties or other cost assessments issued pursuant to this chapter, and that the - ! z. .;:-. _ - .., ! ... 7.A statement of the corrective or abatement ac - . . . --; 20 days of the date of service of the notice of violation; 9. A statement advising that a failure to appca -- - ' - - - . - • • -•- liable as a person responsible for a nuisance violation; and 10. A statement advising that a willful and knowing violation may be referred to 7.05.180. D.Modification or Revocation. limits applicable to all notices of violation contained in this chapter. violation issued under this chapter: nuisance violation in conformity with this chapter. (Ord. 03 083 § 8, 2003). 7.05.090 Notice and orders. A. Authority. When the director has reason to believe, based on investigation of conditions warrant. Subsequent complaints shall be treated as new complaints for the the issuance of a notice and order. B. Effect. occurred, that the named party is a person responsible for a nuisance violation, and penalties and other remedies that may be specified in the notice and order. additional civil monetary penalties as set forth in that section. procedures described in SVMC 7.05.190. 5. Issuance of a notice and order in no way limits a director's authority to issue a pursuant to this chapter. C. Contents. The notice and order shall contain the following information: 1. The address, when available, or location of the nuisance violation; number where the violation occurred or is located, or a description identifying the property by commonly used locators; 4. The specific provision of this chapter that was or is being violated; $500.00 for uch separate violation. If appr:: - - - -- ' - - - , • additional civil monetary penalty is being assessed pursuant to SVMC . 1 . - - - •- - :.•: . ' I .. - • - the notice and order; also be assessed against the person to whom the notice and order is directed; 7. A statement that payment of the civil penalties assessed under this chapter does assessments issued pursuant to this chapter; • proper issuing agency; • within the time specified by the notice and order, the directer may proceed to seek a obtaining a judicial abatement order, the City will abate t • •- -, •• - -- to be done, and charge the costs thereof as a lien agai- -• -- - • - • • •- for a nuisance violation, and as a joint and several personal obligation of all persons responsible for a nuisance violation; recorded, may a:: al the notice and order to the hearing examiner within 20 days of the date of service of the notice and order,pursuant to SVMC 7.05.190; applicable duty to order; and -- - - . • - - a . . - . • .. .. . ..,. •. . -.. D. Supplementation,Revocation, Modification. Y-- . . - . --. :, - - - .. - - - - .•-, - - • • - ---- - . order issued under this chapter: c. Ifaparty to a . .• • . - - . for modification or revocation. concerned persons and providing a forum for efficient resolution of any violation. remedy, time specified, the director may seek a judicial abatement order as authorized by this chapter. (Ord. 03 083 § 9, 2003). 7.05.100 Abatement. environment, is found to exist,the City may summarily a = • -• ; - - - •:• - B. Judicial Abatement. The City may seek judicial process, as deemed necessary, to abate 7.05.110 Service Notice of violation, oti e an e ^..der. 1. Personal service of a notice of violation or notice and order may be made on or by I u.ving a copy of the notice of violation or notice and order at the person's 2. Service directed to the landowner and/or occupant of the property may be made by posting the notice of violation or notice and order in a conspicuous place on the property where the violation occurred and concurrently mailing notice as provided 3. Service by mail may be made for a notice of violation or a notice and order by business-of the person - :- = - -' •• - • - '' -• ' address for the purpose of mailing such notice to the landewncr of the property where the violation occurred. Service by mail is presumed effective upon the third business Rules for Superior Court. person duly served. (Ord. 03 083 § 11,2003). •e . ! e: •_ •- - -- • - - .' . - violation to bring the property into a safe and reasonable -- •=- - ' of civil reasonably possible under the circumstances. •. •- - . __• , - - • :- : - - • -• • - - • - -. .. - . - • - her property interest. (Ord. 03 083 § 12, 2003). •1 ! •- - •• • - - - : '., - - - - - . ! ! !! 7.05.140 Civil penalties. A.Assessment Schedule. and shall 2.The total initial penalties assessed for notice and orders pursuant to this chapter • penalties, and the penalties for the next 15 day period shall be 200 percent of the amount of the initial penalties. The intent of this subsection is to increase penalties beyond the maximum penalties stated in subsection (A)(1) of this section as an additional means to achieve timely compliance. director retains authority to issue a subsequent notice and order for continued compliance agreement, . ' - • •- -- ' . .' . . . sufficient evidence of such compliance. of his or her duty to correct the violation and/or to pay any and all civil penalties or pursuant to the t terms of the voluntary compliance agreement if corrective action stated in the voluntary compliance agreement is not completed as specified. persons responsible for a nuisance violation. civil penalties, the City may file for recor: ' - -- :- • - -• ••:• =• - - under this chapter if, after the expiration of 30 days from when a person responsible for a nuisance violation receives the notice of violation or notice and order (excluding any appeal), any civil penalties remain unpaid in whole or in part. . - - - - ' .. . . . - - -- - notice and order, or failure to comply with the terms of a voluntary compliance or a portion of the assessed civil penalties. Community service may include, but is not penalties. C. Waivers. the following circumstances: b. The civil penalties were assessed in error; or c.Notice failed to r ch the propc - -• - • - •- • -- - ; er d.New, material information warranting waiver ha :--- : - -- - - -- director since the notice of violation or notice and order was issued. and such statement shall become part e£the public record unless privileged. (Ord. 03 083 § 14, 2003). 7.05.150 Cost recovery. .:. --• - - . . . . . •_ . '" : . - :: . - . - •:-. 11-- - charges include: direct and indirect, incurred to enforce the provisions of this chapter; and personnel direct and indirect, incurred to enforce the provisions of this chapter; and of any abatement work, the directer shall prepare a report specifying a legal description contracts; in accomplishing or contracting and inspecting the work; and the costs . . D - -. . •- .-•a . - D. •; . •. - : . 11-- office of the city attorney, on behalf of the City, may collect the costs of compliance efforts by any appropriate legal m ans. D. - .--• - - - . - - - • - - • - - - - - , liens. county taxes, with which it shall share priority. The City of Spokane Valley may cause a conditions. Any such lien shall bind the affected property for the period as provided for by state law. (Ord. 03 083 § 15, 2003). - • • •- , . - . . • II • -• , "- , - . • . - - - :- . .. . - -, 7.05.170 Nuisance abatement fund Authorized. A. All monies collected from the assessment of civil penalties and for abatement costs abatement fund. Any monies. collected under. this chapter that exceed an amount . ! !; !! •;! - = - . . Any person who willfully or knowingly causes, aids or abets a nuisance violation --- - • - - :. - - . . . - -• - A . !; • !! 7.05.190 Administrative appeals. A. Filing Requirements. 1.Any person issued a notice of violation or named in a notice and order, and any is issued occurred,may file a notice of appeal of the following: a.Notice of violation; b.Notice and order. 2.A complainant who requests to be kept advised pursuant to SVMC 7.05.060(H) may app 1 a determination of compliance by the director. 3. A person who does not meet -- --• ----- - -- - •-violation or notice and order, or is the owner of the land where the violation occurred, ..: . .--- . ' - -- - -• e .. • . - . -- . ' - . : . notice and order. A complainant who app is the determination of compliance by the compliance. chapter shall control. notice of violation or notice and order. The City shall mail this notice by certified mail, C.Procedures. 1. The appeal hearing shall be conducted as provided for in the ordinance codified in Chapter 10.35 SVMC, Article I, Hearing Examiner, as adopted or hereafter amended. 2. Enforcement of any notice and order of the director issued pursuant to this chapter shall be stayed as to the appealing party during the pendency of any states in the notice and order. .._; •: - . ' - - - . . . simultaneously for any set of facts constituting a violation, only one appeal of all the enforcement actions shall be allowed. D. Final Order. reverse the citation or order if the examiner finds that no violation occurred. compliance with permit requirements may be waived regarding the performance of owner. violation or 19, 2003). 7.05.200 Judicial enforcement. B. The petition must name as respondent ch person against whom th- - = -- obtain civil enforcement. C. A petition for civil enforcement may re-.- - - • - •- , =- • • - • •- , temporary or permanent injunctive relief, and any other civil remedy provided by law, or any combination of the foregoing. (Ord. 03 083 § 20, 2003). Section3. Severability. If any section, sentence, clause or phrase of this Ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this Ordinance. Section 4. Effective Date. This Ordinance shall be in full force and effect five (5) days after publication of the Ordinance, or a summary thereof, occurs in the official newspaper of the City as provided by law. PASSED by the City Council this day of October,2003. Mayor,Diana Wilhite ATTEST: City Clerk,Chris Bainbridge Approved as to Form: Office of the City Attorney Date of Publication: Effective Date: CITY OF SPOKANE VALLEY SPOKANE COUNTY WASHINGTON ORDINANCE NO. 06- AN ORDINANCE OF THE CITY OF SPOKANE VALLEY,WASHINGTON, AMENDING SPOKANE VALLEY MUNICIPAL CODE SECTION 10.30.060 AS FOLLOWS; REPEALING CHAPTERS 14.406 AND 14.412; AMENDING CHAPTERS AND SECTIONS 14.402.140, 14.404.082(5), 14.404.102(2), 14.504.020, 14.504.040, 14.504.060, 14.512.000, 14.702.100(3), 14.706.060,AND 14.806.080 OF THE CITY'S INTERIM ZONING CODE PERTAINING TO ENFORCEMENT AND ADMINISTRATIVE APPEALS,PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City adopted Ordinance 03-078 which amended Interim Zoning Code Section 14.406 by providing enhanced regulations for abating Zoning Code violations. The City later adopted Ordinance 04-013, which expanded the applicability of the regulations originally adopted in Ordinance 03-078 to make them apply to other types of violations beyond zoning issues, which was later codified as SVMC 10.30.150 - .650. The provisions of Interim Zoning Code Section 14.406.005 through 14.406.660 relating to zoning enforcement, codified under SVMC 10.30.060, were never repealed and are in conflict with the later-adopted provisions under SVMC 10.35.150 -.650; and WHEREAS, the City adopted Ordinance 03-053, which adopted an Interim Zoning Code,which was later codified as SVMC 10.30.060 - 100; and WHEREAS, the City's Interim Zoning Code contains provisions relating to procedural requirements for appeals of administrative determinations by staff, and for appeals of determinations by the hearing examiner to the City Council; and WHEREAS, the City also adopted Ordinance 03-057 to provide authority and direction to the hearing examiner,which was later codified as SVMC 10.35; and WHEREAS, the City also adopted Ordinance 03-060, which adopted by reference the Spokane County Application Review Procedures for Project Permits as the City's interim procedures for such actions, which was later codified as SVMC 10.35.170; and WHEREAS, the City subsequently amended SVMC 10.35.150 through Ordinance 05-021, to adopt specific procedural requirements for any appeal of a hearing examiner decision to the City Council; and WHEREAS, the provisions relating to appeals of administrative determinations adopted in 03-053 are in conflict with the later adopted provisions in 03-060 and 05-021; and - 1 - WHEREAS, the City Council now desires to repeal or amend those previously adopted provisions in Spokane Valley Interim Zoning Code that conflict with the later- adopted provisions; and WHEREAS, the proposed action is exempt from requirements under the State Environmental Policy Act pursuant to WAC 197-11-800(19) WHEREAS, it is the intent of the City Council for the City of Spokane Valley to repeal interim Zoning Code Chapters 14.406 and 14.412, as adopted by SVMC 10.30.060, in their entirety because they conflict with later-adopted provisions. Other provisions in the City's interim Zoning Code cite to the appeal provisions that would be repealed by this action. As such, those other provisions citing to interim Zoning Code section 14.412 must also be amended to reflect a new reference to the applicable appeal provisions adopted by the City in Ordinance 03-060, codified as SVMC 10.35.170. NOW THEREFORE, the City Council of the City of Spokane Valley, Washington, ordains as follows: Section 1. Spokane Valley Municipal Code section 10.30.060, which codifies the City's Interim Zoning Code, is amended as follows: 1. Repealing Spokane Valley Interim Zoning Code Chapter 14.406. Spokane Valley Interim Zoning Code Chapter 14.406, which includes Subsections 14.406.005 through 14.406.660, is repealed in its entirety. 2. Repealing Spokane Valley Interim Zoning Code Chapter 14.412. Spokane Valley Interim Zoning Code Chapter 14.412, which includes Subsections 14.412.000 through 14.412.042, is repealed in its entirety. 3. Amending Spokane Valley Interim Zoning Code Section 14.402.140. The action of the Hearing Examiner on a zoning map amendment, pursuant to Section 14.402.100(1), shall be considered final and conclusive unless an appeal is filed with the Council under procedures set forth in Section 14.412.042. Upon receipt of any such appeal, or request for review, the Council shall at its next regular meeting set the date for public hearing with notice as provided in Section 14.402.160(1) and by the Clerk of the Council notifying all property owners and taxpayers within a four hundred (400) foot periphery of the subject site, including any access easement(s) serving the site, by mail at least fifteen (15) days prior to the hearing, moreover the Director may cause the action of the Hearing Examiner to be reviewed by the Council under procedures set forth in SVMC 10.35.150 Section 14.412.042. Consideration of the Council at this hearing shall be "de novo". Upon conclusion of its hearing, the Council may adopt, modify conditions of approval or deny the proposed map amendment, and it shall adopt its own findings of fact and statement setting forth the factors considered at the hearing and its own analysis of findings considered by the Council. -2 - 4. Amending Spokane Valley Interim Zoning Code Section 14.404.082(5). The following conditions and requirements pertain to a variance. (5) The Hearing Examiner shall make available to all parties of record its decision, along with findings of fact and conclusions. The action of the Hearing Examiner on a variance shall be considered final and conclusive unless an appeal is filed under the procedures set forth in Section 14.412.042SVMC 10.35.170. 5. Amending Spokane Valley Interim Zoning Code Section 14.404.102(2). The Hearing Examiner shall make available to all parties of record its decision, along with findings of fact and conclusions. The action of the Hearing Examiner on a conditional use shall be considered final and conclusive unless an appeal is filed with the appropriate body under the procedures set forth in SVMC 10.35.170 Section 14.412.042; 6. Amending Spokane Valley Interim Zoning Code Section 14.504.020. A request for interpretation of a zoning map or arterial/road map by the Department with respect to the location of any boundary line between zoning classifications or specifics of the arteriaUroad by any interested citizen or public official must be made in writing. A determination shall be made by the Director, and the ruling or interpretation shall be submitted in writing to the person submitting the request. Such interpretations or rulings are appealable under the provisions of SVMC 10.35.170 Section 14.412.041. 7. Amending Spokane Valley Interim Zoning Code Section 14.504.040. The following alterations or additions to the approved site development plans for zone reclassifications, arterial/road change or conditional use permits are deemed to be minor in nature and may be approved administratively by the Department if the changes are not contrary to the adopted findings and conditions: 1. Additions to buildings, provided that the increase in floor area is less than ten percent (10%) of the total floor area of all buildings on the approved site development plan and the addition(s) does not exceed allowable densities of the underlying zone or requirements governing building coverage; and/or 2. Minor adjustments to building or structure locations, provided that the density or intensity of use is not increased and does not significantly affect adjacent uses; and/or 3. Changes in parking areas, provided that adopted regulations and conditions are met; and/or 4. Modifications in landscape plans, provided that required percentages of landscaping or open space are not reduced below those prescribed in this Code or as approved by the Hearing Examiner; and/or 5. Changes in use for a zone classification, provided that documentation is submitted that the impacts and intensity of the proposed use are equal to or less in nature than the originally approved use or the surrounding land use as determined by the Zoning Administrator. • - 3 - 6. The change meets the purpose of the Arterial/Road Overlay text and map and the County Engineer Public Works Director indicates the change(s) will meet roadway design and construction standards and will not diminish the function of the existing or future roadway. Changes to approved site development plans other than those listed above will require a public hearing before the Hearing Examiner. Any person aggrieved by an interpretation regarding the five (5) circumstances listed above may appeal said interpretation to the Hearing Examiner under Section 14.412.041 SVMC 10.35.170. 8. Amending Spokane Valley Interim Zoning Code Section 14.504.060. The granting or denying of an administrative exception pursuant to Chapter 14.506 is an administrative determination subject to appeals as specified in SVMC 10.35.170 Section 14.412.041. 9. Amending Spokane Valley Interim Zoning Code Section 14.512.000. Application for the types of administrative actions described in Chapter 14.500, Administrative Procedures, shall be made to the Department on forms provided for that purpose. Any decision by the Department should be made within thirty (30) days of receipt of a complete application and may include provisions to mitigate project impacts. These decisions shall be subject to appeal to the Hearing Examiner under procedures outlined in SVMC 10.35.170 Section 14.412.041. 10. Amending Spokane Valley Interim Zoning Code Section 14.702.100(3). Any person aggrieved by an administrative approval or denial of a height variance by the Planning Director may file an appeal pursuant to SVMC 10.35.170 Section 14.412.041. Notice of public hearing shall be as provided for in Section 14.402.140. The decision of the Hearing Examiner shall be appealable to the superior court Council pursuant to SVMC 10.35.110(A)(1) Section 11.112.042. 11. Amending Spokane Valley Interim Zoning Code Section 14.706.060(3). The following process shall be used to determine whether or not critical materials are involved. . a. An initial screening will be performed by the Director of the Designated Department by comparing the proposed use, and upon request by said Director, other pertinent information as provided by the proponent at his/her expense with the Critical Materials Activity List. The Director shall exercise any discretion in judgment in favor of Aquifer protection. i. If the proposed use is judged to be on the Critical Materials Activity List, the Director shall notify the applicant, in writing,that the proposed activity has been tentatively designated a Critical Materials Use Activity and shall require the applicant to provide the Department with a list of materials, including quantities, to be used, handled, stored or transported as associated with the proposed activity. Additional information shall also be provided by the proponent at his or her expense if requested by the Director. -4 - ii. After the review of the information supplied by the applicant, the Director may confirm the designation as a Critical Materials Use Activity or nullify the tentative designation. iii. The applicant may respond by accepting the designation as a Critical Materials Use Activity or may appeal, in writing, within twenty (20) calendar days, the designation to the Hearing Examiner, pursuant to the provisions of SVMC 10.35.170 Section 14.412.041 of this Codc. aa. The DOE, the DSHS, and the Spokane County Regional Health District shall be notified of all hearing proceedings, and legal advertising consistent with Sections 14.402.160(1) and 11.412.041 SVMC 10.35.170 shall be accomplished. bb. The Hearing Examiner shall have the authority to request additional information from either the appellant or the applicant, as appropriate, and at their expense. cc. In appeal proceedings, substantial weight shall be given to the Director's decision. iv. If the proposed use is not on the List, the Director may designate the activity as not involving critical materials or may exercise(v)below. v. If the Director has reason to believe that, even thought the proposed use is unlisted, critical materials may be involved, the Director shall act to designate the proposed use as a Critical Materials Use Activity and proceed as in 3(a)(i) above. The Director may consult with such persons as may be appropriate to assist in the determination. The Director may eventually designate the activity as a Critical Materials Use Activity. The process would then proceed as in 3(a)(ii) above, and the applicant may respond as in 3(a)(iii) above. vi. If the applicant does not have a specific proposal, the Director shall recommend that the action be conditioned, or shall so condition a license/permit, with the performance criteria of Section 14.706.080 for all future uses. If conditioned approval is granted,the Director shall review and approve the project prior to occupancy. 12. Amending Spokane Valley Interim Zoning Code Section 14.806.080(2). The decision of the Department regarding alternative landscaping shall be final unless an aggrieved person appeals that decision to the Hearing Examiner under the provisions of SVMC 10.35.170.procedure outlined in Section 14.412.041. The remainder of the Spokane Valley Interim Zoning Code is unaffected by this action. Section 2. Severability. If any section, subsection, sentence or clause of this chapter is for any reason held to be invalid, such decision shall not affect the validity of • the remaining provisions of this chapter. Section 3. Effective date. This Ordinance shall be in full force and effect five days after publication of this Ordinance or a summary thereof occurs in the official newspaper of the City as provided by law. - 5 - Passed on this day of February, 2006. Mayor,Diana Wilhite ATTEST: City Clerk, Christine Bainbridge Approved As To Form: Office of the City Attorney Date of Publication: Effective Date: - 6- CITY OF SPOKANE VALLEY SPOKANE COUNTY, WASHINGTON ORDINANCE NO. 06- AN ORDINANCE OF THE CITY OF SPOKANE VALLEY,WASHINGTON, REPEALING AND AMENDING SECTIONS OF THE SPOKANE VALLEY MUNICIPAL CODE SECTIONS 10.30.150-600, SPECIFICALLY AMENDING SECTIONS 10.30.150, 180, 190,200,210,220,240,250,260,270,280,340,350,360, 380,390, 400, 410,420,430,470,490,500, 520, 560,570,580,AND 590,AND REPEALING SECTIONS 10.30.290,300,310,320,AND 370. WHEREAS, the City of Spokane Valley adopted Ordinance 04-013 regulating compliance with code provisions. Ordinance 04-013 was subsequently codified as 10.30.150, et seq.; and WHEREAS, in complying with the requirements of its enacted laws and regulations, the City finds from time to time that amending its laws is necessary to better protect the health, safety,welfare of the general public and the environment. NOW THEREFORE, the City Council of the City of Spokane Valley ordains as follows: Section 1. Spokane Valley Municipal Code sections 10.30.150 -.600 are herby amended and/or repealed as is set forth below. Article III.Zoning Code Compliance 10.30.150 Definitions. A. "Abate" means to take whatever steps are deemed necessary to ensure that the property complies with applicable code requirements.Abatement may include,but is not limited to, rehabilitation, demolition,removal,replacement or repair. B. "Code compliance officer"means a regular or specially commissioned officer so desianated by the director of community development for the City. BC. "Code violation"means and includes an act or omission contrary to: 1. Any ordinance, resolution, regulation or public rule of the City that regulates or protects the use and development of land or water; and/or 2. The conditions of any permit, notice and order or stop work order issued pursuant to any such ordinance,resolution,regulation or public rule. DG. "The City" means the City of Spokane Valley, Washington, acting by and through the authorized representatives and agents designated by the community development directoreity manager. ED. "Days" will be counted as business days when five or less days are allowed to do an act required by this article. "Days" will be considered calendar days when more than five days are allowed to do an act required by this article. FE. "Determination of compliance"means a written statement from the Citydirector that evidence to determine that the violation(s) has been sufficiently abated as to the violation(s) stated in the voluntary compliance agreement,notice of violation,notice and order or stop work order. G. "Director" means the community development director for Spokane Valley. or his/her designee. HF."Found in violation"means: 1. That a notice of violation, notice and order or stop work order has been issued and not timely appealed; 2.That a voluntary compliance agreement has been entered into;or 3. That the hearing examiner has determined that the violation has occurred and such determination has not been stayed or reversed on appeal. IG. "Hearing examiner" means the City of Spokane Valley hearing examiner, as provided by the ordinance codified in Chapter 10.35 SVMC,Article I,Hearing Examiner, as adopted or hereafter amended. . JAI. "Mitigate"means to take measures, subject to City approval,to minimize the harmful effects of the violation where remediation is either impossible or unreasonably burdensome. KI. "Permit" means any form of certificate, approval, registration, license or any other written permission issued by the City. All conditions of approval, and all easements and use limitations shown on the face of an approved final plat map which are intended to serve or protect the general public are deemed conditions applicable to all subsequent plat property owners, owners' tenants,and owners' agents as permit requirements enforceable under this article. 1_,J. "Person"means any individual, association,partnership, corporation or legal entity,public or private, and the agents and assigns of such individual, association, partnership, corporation or legal entity. MK. "Person responsible for a code violation"means the person who caused the violation,if that can be determined, and/or the owner, lessor,tenant or other person entitled to control, use and/or occupancy of the property where the code violation occurs. NE. "Public rule"means any rule properly promulgated to implement provisions of this code. OM. "Remediate"means to restore a site to a condition that complies with sensitive area or other regulatory requirements as they existed before the violation occurred; or, for sites that have been degraded under prior ownerships, restore to a condition which does not pose a probable threat to the environment or to the general public health, safety or welfare. PIN "Resolution," for purposes of this article, means any resolution adopted by the City of Spokane Valley city council.(Ord. 04-013 § 1(1.20.01),2004).. 10.30.160 Relationship to Growth Management Act. This � development 1 Chapter RCW /-`_ L i his article is adopted as development regulations pursuant to Chapter 36.�0A RC ry (Growth Management Act). (Ord.04-013 § 1(1.20.02),2004). 10.30.170 Declaration of public nuisance—Misdemeanor. A.All violations of this title are hereby determined to be detrimental to the general public health, safety and welfare and are hereby declared public nuisances. All conditions determined to be violations of this title shall be subject to and enforced pursuant to the provisions of this article except where specifically excluded by law or regulation. B.Any person who willfully or knowingly causes, aids or abets a violation pursuant to this article by any act of commission or omission is guilty of a misdemeanor. Upon conviction, the person shall be punished by a fine not to exceed$1,000 and/or incarceration for a term not to exceed 90 days.Each week(seven consecutive days) such violation continues shall be considered a separate misdemeanor offense. As an alternative, or in addition to any other judicial or administrative remedy provided in this article or by law or other regulation, the authorized representative of the City may recommend that the office of the city attorney file a misdemeanor complaint against the person responsible for code violation when the City has documentation or other evidence that the violation was willful and knowing.(Ord. 04-013 § 1(1.20.03),2004). 10.30.180 Enforcement,authority and administration. A. In order to discourage public nuisances and otherwise promote compliance with applicable code provisions, the C—it,director may, in response to field observations or reliable complaints, determine that violations of this title have occurred or are occurring, and may: 1. Enter into voluntary compliance agreements with persons responsible for code violations; 2.Issue noticc of violation and assess civil penalties as a -; . . .. -; 3. Issue notice and orders, assess civil penalties and recover costs as authorized by this article; 43. Require abatement by means of a judicial abatement order, and if such abatement is not timely completed by the person or persons responsible for a code violation, undertake the abatement and charge the reasonable costs of such work as authorized by this article; 34. Allow a person responsible for the code violation to perform community service in lieu of paying civil penalties as authorized by this article; 65. Order work stopped at a site by means of a stop work order, and if such order is not complied with,assess civil penalties as authorized by this article; 76. Suspend,revoke or modify any permit previously issued by the City or deny a permit application as authorizedby this article when other efforts to achieve compliance have failed;and 87. Forward a written statement providing all relevant information relating to the violation to the office of the city attorney with a recommendation to prosecute willful and knowing violations as misdemeanor offenses. B. The procedures set forth in this article are not exclusive. These procedures shall not in any manner limit or restrict the City from remedying or abating violations of this title in any other manner authorized by law. C. In addition to, or as an alternative to,utilizing the procedures set forth in this article, the City may seek legal or equitable relief to abate any conditions or enjoin any acts or practices which constitute a code violation. D. In addition to, or as an alternative to, utilizing the procedures set forth in this article, the Citydirector may assess or recover civil penalties accruing under this article by legal action filed in Spokane County district court by the office of the city attorney. E. The provisions of this article shall in no way adversely affect the rights of the owner,lessee or occupant of any property to recover all costs and expenses incurred and required by this article from any person causing such violation. F. In administering the provisions for code cnforccmcntcompliance, the Citydirector shall have the authority to waive any one or more such provisions so as to avoid substantial injustice by application thereof to the acts or omissions of a public or private entity or individual, or acts or omissions on public or private property including, for example, property belonging to public or private utilities, where no apparent benefit has accrued to such entity or individual from a code violation. Any determination of substantial injustice shall be made in writing supported by appropriate facts. For purposes of this subsection, substantial injustice cannot be based exclusively on financial hardship. G. The provisions of this article detailing the administration of code compliance procedures are intended only for the purpose of providing guidance to City employees and are not jurisdictional, and are not to be construed as creating a basis for appeal or a defense of any kind to an alleged code violation. H. The Citydirector may, upon presentation of proper credentials, with the consent of the owner or occupier of a building or premises, or pursuant to a lawfully issued inspection warrantcourt order, enter at reasonable times any building or premises subject to the consent or warrantcourt order to perform the duties imposed by this article. It is the intent of the city council that any entry made to private property for the purpose of inspection for code violations be accomplished in strict conformity with constitutional and statutory constraints on entry, and the holdings of the relevant court cases regarding entry. The right of entry authorized by this article shall not supersede those legal constraints. I. The Citydirector may request that the police, appropriate fire district, Spokane regional Hhealth Ddistrict or other appropriate City department or other non-city agency assist in enforcement.(Ord.04-013 § 1(1.20.04),2004). 10.30.190 Guidelines for departmental responses to complaints. A. 01-- _ .. .. . . ... . . - - -- . -- • environmental damage or contamination. _•.+ + ' - - - +•� --- --moi__ r_:v.t__ �____ • • 3. Low risk investigations needing response a- • - --- - . :- . impacts. that case. G-City representatives are authorized to determine, based upon past complaints regarding a property, subsequent field investigations, and other relevant criteria, whether a complaint is reliable. If the City determines a complaint is not reliable, the City is not obligated to conduct a field investigation. (Ord.04-013 § 1(1.20.05),2004). 10.30.200 Initial investigation. This section sets forth guidelines for more specific procedures to be used by the City in implementing this article. The guidelines set forth in this article are not jurisdictional, and failure to meet them in any particular case shall not affect the City's authority to enforce city code provisions with regard to that case. A. Field Verification Required. Except in emergencies ..— : - - •- - - ••- , field verification should be made if possible prior to, concurrent with, or shortly after notifying the person responsible for the code violation or alleged code violation. Low risk case Ceomplaints should be acknowledged by sending a letter to the person(s) responsible for the code violation. The letter should state that a violation may have occurred, but has not been verified, and should ask the recipient to contact the person issuing the letter. B.Advising Interested Parties of Receipt of Complaint and/or Field Investigation. 1. The person responsible for the code violation should be advised of any complaint by personal contact;phone;posting and mail(return receipt requested). 2. The complainant should be contacted by phone and, if possible, in person during the field visit. C. The City will record all violations in a database system, including a list of all actions taken on the complaint. D. To the extent possible, the City shall check its own records and the records of other agencies for previous violations on the site of the alleged violation or by the owner or occupant of the site or such other person as may be responsible for the code violation. E. Staff undertaking field investigations shall comply with the provisions of this article regarding right of entry.(Ord. 04-013 § 1(1.20.06),2004). 10.30.210 Procedures when probable violation is identified. A. The Gitydirector shall determine, based upon information derived from sources such as field observations, the statements of witnesses, relevant documents and data systems for tracking violations and applicable City codes and regulations, whether or not a violation has occurred. As soon as the Gitydirector has reasonable cause to determine that a violation has occurred,he or she shall document the violation and promptly notify the person(s)responsible for the code violation. B. Except as provided in subsection D of this section, a warning shall be issued verbally or in writing promptly when a field inspection reveals a violation, or as soon as the Gitydirector otherwise determines a violation has occurred.The warning shall inform the person determined to be responsible for a code violation of the violation and allow the person an opportunity to correct it or enter into a voluntary compliance agreement as provided for by this article.Verbal warnings shall be logged and followed up with a written warning within five days, and the site shall be reinspected within 14 days. C. No warning need be issued in high risk cases, emergencies, repeat violation cases, cases that are already subject to a voluntary compliance agreement, cases where the violation creates or has created a situation or condition that is not likely to be corrected within 72 hours, cases where a stop work order is necessary, or when the person responsible for the code violation knows, or reasonably should have known,that the action was a code violation. D. Notice of violation may be issued in moderate and low risk cases; provided, that the City determines it is probable that the violation can likely be fully corrected in a short period of time. B-Notice and orders should be issued in all high risk cases in which a voluntary compliance agreement has not been entered into within twefifteen days of notification by the Gitydirector. Notice and orders may be issued in moderate and low risk cases where the City determines that the violation is unlikely to be fully corrected in a short period of time. FE. The Codirector shall use all reasonable means to determine and citeproceed against the person(s) actually responsible for the code violation occurring when the property owner has not directly or indirectly caused the violation. CCF. If the violation is not corrected, or a voluntary compliance agreement is not achieved within 15 days of notification by the City, a notice and order or stop work order should be issued. be issued within 20 days from receipt of a complaint. Stopwork orders should be issued promptly upon discovery of a violation in progress. H . All complainants will be asked by staff at the time the complaint is filed whether they wish to be kept advised of enforcement efforts. Any complainant who provides a mailing address and requests to be kept advised of enforcement efforts should be mailed a copy of all written warnings, voluntary compliance agreements, notice of violation, notice and orders, stop work orders and notices of settlement conferences issued by the City with regard to the alleged violation. Any complainant may appeal a determination of code compliance issued by the City. (Ord. 04-013 § 1(1.20.07),2004). 10.30.220 Service—Notice of violation,notice and order;and stop work order. A. Service of a notice of violation or notice and order shall be made on a person responsible for code violation by one or more of the following methods: 1.Personal service of a notice of violation or notice and order may be made on the person identified by the City as being responsible for the code violation, or by leaving a copy of the notice of violation or notice and order at the person's house of usual abode with a person of suitable age and discretion who resides there; 2. Service directed to the landowner and/or occupant of the property may be made by posting the noticc of violation or notice and order in a conspicuous place on the property where the violation occurred and concurrently mailing notice as provided for below, if a mailing address is available; 3. Service by mail may be made for a notice of violation or a notice and order by mailing two copies,postage prepaid,one by ordinary first class mail and the other by certified mail,to the person responsible for the code violation at his or her last known address, at the address of the violation, or at the address of the place of business of the person responsible for the code violation.The taxpayer's address as shown on the tax records of Spokane County shall be deemed to be the proper address for the purpose of mailing such notice to the landowner of the property where the violation occurred. Service by mail shall be presumed effective upon the third business day following the day upon which the notice of violation or notice and order was placed in the mail. B. For notice and orders only, when the address of the person responsible for the code violation cannot be reasonably determined, service may be made by publication once in the City's newspaper of record. Service by publication shall conform to the requirements of Civil Rule 4 of the Rules for Superior Court. C. Service of a stop work order on a person responsible for a code violation may be made by posting the stop work order in a conspicuous place on the property where the violation occurred or by serving the stop work order in any other manner permitted by this article. D. The failure of the City to make or attempt service on any person named in the notice of violation,notice and order or stop work order shall not invalidate any proceedings as to any other person duly served. (Ord.04-013 § 1(1.20.08), 2004). 10.30.230 Training and rulemaking. A. In order to ensure strict conformity with the constraints on entry imposed by state and federal law, and to ensure that City employees deal with the public in a manner which respects the rights of private property owners, the City shall develop and adopt internal procedures, protocols and training programs governing the conduct of searches by compliance officers. B. The City shall adopt procedures to implement the provisions of this article,and specifically the guidelines set out in this article describing reasonable and appropriate protocols for investigating code violations. (Ord. 04-013 § 1(1.20.09),2004). 10.30.240 Obligations of persons responsible for code violation. A. It shall be the responsibility of any person identified as responsible for a code violation to bring the property into a safe and reasonable condition to achieve code compliance. Payment of civil penalties, applications for permits, acknowledgement of stop work orders and compliance with other remedies does not substitute for performing the corrective work required and having the property brought into compliance to the extent reasonably possible under the circumstances. B. Persons determined to be responsible for a code violation pursuant to a notice of violation or notice and order shall be liable for the payment of any civil penalties and abatement costs; provided, however, that if a property owner affirmatively demonstrates that the action which resulted in the violation was taken without the owner's knowledge or consent by someone other than the owner or someone acting on the owner's behalf,that owner shall be responsible only for bringing the property into compliance to the extent reasonably feasible under the circumstances. Should the owner not correct the violation, only those abatement costs necessary to bring the property into a safe and reasonable condition,as determined by the City-director,shall be assessed by the City. No civil penalties shall be assessed against such an owner or his or her property interest.(Ord.04-013 § 1(1.20.10),2004). 10.30.250 Determination of compliance. After issuance of a warning, voluntary compliance agreement, noticc of violation, notice and order, or stop work order, and after the person(s) responsible for a violation has come into compliance,the City shall issue a written determination of compliance.The City shall mail copies of the determination of compliance to each person originally named in the warning, voluntary compliance agreement,citation,notice and order, or stop work order, as well as the complainant, by certified mail,five-day return receipt requested. (Ord. 04-013 § 1(1.20.11),2004). 10.30.260 Voluntary compliance agreement—Authority. A.Whenever the City determines that a code violation has occurred or is occurring,the City shall make reasonable efforts to secure voluntary compliance from the person responsible for the code violation.Upon contacting the person responsible for the code violation,the City may enter into a voluntary compliance agreement as provided for in this article. B. A voluntary compliance agreement may be entered into at any time after issuance of a verbal or written warning, a notice of violation, notice and order or a stop work order and before an appeal is decided. C. Upon entering into a voluntary compliance agreement, a person responsible for a code violation waives the right to administratively appeal, and thereby admits that the conditions described in the voluntary compliance agreement existed and constituted a code violation. D. The voluntary compliance agreement shall incorporate the shortest reasonable time period for compliance,as determined by the Cydirector.An extension of the time limit for compliance or a modification of the required corrective action may be granted by the Codirector if the person responsible for the code violation has shown due diligence or substantial progress in correcting the violation, but circumstances render full and timely compliance under the original conditions unattainable.Any such extension or modification must be in writing and signed by the authorized representative of the Gitydirector and person(s) who signed the original voluntary compliance agreement. E.The voluntary compliance agreement is not a settlement agreement. (Ord.04-013 § 1(1.20.12), 2004). 10.30.270 Voluntary compliance agreement—Contents. The voluntary compliance agreement is a written, signed commitment by the person(s) responsible for a code violation in which such person(s) agrees to abate the violation, remediate the site, and/or mitigate the impacts of the violation. The voluntary compliance agreement shall include the following: A. The name and address of the person responsible for the code violation; B. The address or other identification of the location of the violation; C.A description of the violation and a reference to the provision(s) of the ordinance,resolution or regulation which has been violated; D. A description of the necessary corrective action to be taken and identification of the date or time by which compliance must be completed; E. The amount of the civil penalty that will be imposed if the voluntary compliance agreement is not satisfied; F. An acknowledgement that if the City determines that the terms of the voluntary compliance agreement are not met, the City may, without issuing a notice of violation, notice and order or stop work order, impose any remedy authorized by this article, enter the real property and perform abatement of the violation by the City, assess the costs incurred by the City to pursue code compliance and to abate the violation, including reasonable legal fees and costs, and the suspension, revocation or limitation of a development permit obtained or to be sought by the person responsible for the code violation; G. An acknowledgement that if a penalty is assessed, and if any assessed penalty, fee or cost is not paid, the City may charge the unpaid amount as a lien against the property where the code violation occurred if owned by the person responsible for the code violation, and that the unpaid amount may be a joint and several personal obligation of all persons responsible for the violation; H. An acknowledgement that by entering into the voluntary compliance agreement, the person responsible for the code violation thereby admits that the conditions described in the voluntary compliance agreement existed and constituted a code violation;and I. An acknowledgement that the person responsible for the code violation understands that he or she has the right to be served with a notice of violation, notice and order, or stop work order for any violation identified in the voluntary compliance agreement, has the right to administratively appeal any such notice of violation, notice and order, or stop work order, and that he or she is knowingly,voluntarily and intelligently waiving those rights. (Ord. 04-013 § 1(1.20.13),2004). 10.30.280 Failure to meet terms of voluntary compliance agreement. A. If the terms of the voluntary compliance agreement are not completely met, and an extension of time has not been granted, the authorized representatives of the City may enter the real property and abate the violation without seeking a judicial abatement order. The person responsible for code compliance may,without being issued a notice of violation,notice and orders or stop work order,be assessed a civil penalty as set forth by this article,plus all costs incurred by the City to pursue code compliance and to abate the violation, and may be subject to other remedies authorized by this article.Penalties imposed when a voluntary compliance agreement is not met accrue from the date that an appeal of any preceding notice of violation,notice and order; or stop work order was to have been filed or from the date the voluntary compliance agreement was entered into if there was not a preceding notice of violation, notice and order, or stop work order. B. The City may issue a noticc of violation, notice and order, or stop work order for failure to meet the terms of a voluntary compliance agreement.(Ord. 04-013 § 1(1.20.14),2004). I t • • . . . for purposes of this ac-tick. However, such subsequent complaints shall net constitute a separate 10.30.300 Notice of violation Effect. noticed party is a person responsible for a code violation. according to the procedures described herein. -. -- - - .. .. .. ." . .. ,. appropriate legal m ans. (Ord.04 013 § 1(1.20.16),2001). 10.30.310 Notice of violation Contents. - ... - , . - - . .' .- - . . - -- - . •--; locators; and a brief uCSeIIptiGl of the violation(s)found; occurred and that the cited party is subject to a civil penalty; F. A statement of the amount of the civil penalty assessed, that payment of the civil penalties appealed; the hearing examiner within 20 days of the date of service of the citation; for a code violation; and - e .. . ... 10.30.320 Notice of violation Modification or revocation. A. The City may add to, revoke in whole or in part, or otherwise modify a notice of violation by 1. If the original notice of violation was issued in error; 2. Whenever there is new information or change of circumstances;or 3.If a party to a notice of violation was incorrectly named. C. Such revocation or modification shall identify the reasons and underlying facts for conformity with this article. (Ord.04 013 § 1(1.20.18), 2004). 10.30.330 Notice of violation Remedy Civil penalties. contained herein.(Ord. 04 013 § 1(1.20.19),2004). 10.30.340 Notice and order—Authority. When the City has reason to believe, based on investigation of documents and/or physical evidence,that a code violation exists or has occurred,or that the code violations cited in a notice of violation have not been corrected, or that the terms of a voluntary compliance agreement have not been met, the City is authorized to issue a notice and order to any person responsible for a code violation. The City shall make a determination whether or not to issue a notice and order within 230 days of receiving a complaint alleging a violation or otherwise discovering that a violation may potentially exist, or within 10 days of the end of a voluntary compliance agreement time period which has not been met. Subsequent complaints shall be treated as new complaints for the purposes of this article. Issuance of a notice of violation is not a condition precedent to the issuance of a notice and order. (Ord.04-013 § 1(1.20.20),2004). 10.30.350 Notice and order—Effect. A. A notice and order represents a determination that a violation has occurred, that the party to whom the notice is issued is a person responsible for a code violation, and that the violations set out in the notice and order require the assessment of penalties and.other remedies that may be specified in the notice and order. B. The City is authorized to impose civil penalties 1upon a determination by the City that a violation has occurred pursuant to a notice and order, .- - ' .. - : - •- =- - ' • penalties. the notice and order within 20 days. and order a final determination that the conditions described in the notice and order existed and constituted a violation, and that the named party is liable as a pe - .. . - - • ::- violation. - violation. EC. Issuance of a notice and order in no way limits the City's authority to issue a notice of violation or stop work order to a person previously cited through the notice and order process pursuant to this article.(Ord.04-013 § 1(1.20.21),2004). 10.30.360 Notice and order—Contents. The notice and order shall contain the following information: A.The address,when available,or location of the violation; B. A legal description of the real property or the Spokane County tax parcel number where the violation occurred or is located, or a description identifying the property by commonly used locators; C. A statement that the City has found the named person(s)to have committed a violation and a brief description of the violation(s)found; D. A statement of the specific provisions of the ordinance, resolution, regulation, public rule, permit condition,notice and order provision or stop work order that was or is being violated; E. A statement that a civil penalty is being assessed, including the dollar amount of the civil penalties per separate violation, and that any assessed penalties must be paid within 20 days of service of the notice and order; F. A statement advising that any costs of enforcement incurred by the City shall also be assessed against the person to whom the notice and order is directed; G. A statement that payment of the civil penalties assessed under this article does not relieve a person found to be responsible for a code violation of his or her duty to correct the violation and/or to pay any and all civil penalties or other cost assessments issued pursuant to this article; Spokane County auditor's offic- •. -• - - -- • -; H . A statement of the corrective or abatement action required to be taken and that all required permits to perform the corrective action must be obtained from the proper issuing agency; Ia. A statement advising that, if any required work is not commenced or completed within the time specified by the notice and order, the City may proceed to seek a judicial abatement order from Spokane County superior court to abate the violation; JK.A statement advising that, if any assessed penalty, fee or cost is not paid on or before the due date, the City may charge the unpaid amount as a lien against the property where the code violation occurred if owned by a person responsible for a violation, and as a joint and several personal obligation of all persons responsible for a code violation; KL. A statement advising that any person named in the notice and order, or having any record or equitable title in the property against which the notice and order is recorded may appeal from the notice and order to the hearing examiner within 20 days of the date of service of the notice and order; LM. A statement advising that a failure to correct the violations cited in the notice and order could lead to the denial of subsequent Spokane Valley permit applications on the subject property; MN. A statement advising that a failure to appeal the notice and order within the applicable time limits renders the notice and order a fmal determination that the conditions described in the notice and order existed and constituted a violation, and that the named party is liable as a person responsible for a violation; NO.A statement advising the person responsible for a code violation of his/her duty to notify the City of any actions taken to achieve compliance with the notice and order;and O1.A statement advising that a willful and knowing violation may be referred to the office of the city attorney for prosecution. (Ord.04-013 § 1(1.20.22),2004). 10.30.370 Notice and order Recording. •1--- . -. • - .. . . . - - . . . . . - :. : - . . .. . . •.-, -- • . file a copy of the same with the Spokane County auditor's office. • --- . . . .- specified in the notice and order have been corrected or abated to the continue as liens on the property. -- .. ... .--• - ' - - . ' .. _ .. .. --- . -- . e . ., 1(1.20.23),2004). 10.30.380 Notice and order—Supplementation,revocation,modification. A. TheCity-director may add to, revoke in whole or in part, or otherwise modify a notice and order by issuing a written supplemental notice and order.The supplemental notice and order shall be governed by the same procedures and time limits applicable to all notice and orders contained in this article. B. The Gitydirector may issue a supplemental notice and order, or revoke a notice and order issued under this article: 1.If the original notice and order was issued in error; 2.Whenever there is new information or change of circumstances; or 3.If a party to an order was incorrectly named. C. Such revocation or modification shall identify the reasons and underlying facts for modification or revocation, and shall be filed with the Spokane County auditor's office. (Ord. 04- 013 § 1(1.20.24),2004). 10.30.390 Notice and order—Administrative conference. An informal administrative conference may be conducted by the Gitydirector at any time for the purpose of facilitating communication among concerned persons and providing a forum for efficient resolution of any violation. Interested parties shall not unreasonably be excluded from such conferences. (Ord. 04-013 § 1(1.20.25),2004). 10.30.400 Notice and order—Remedies—Suspension, revocation or limitation of permit. A. The Gitydirector may suspend,revoke or modify any permit issued by the City whenever: 1. The permit holder has committed a violation in the course of performing activities subject to that permit; 2. The permit holder has interfered with the authorized representatives of the City in the performance of his or her duties related to that permit;. 3. The permit was issued in error or on the basis of materially incorrect information supplied to the City; 4. Permit fees or costs were paid to the City by check and returned from a financial institution marked nonsufficient funds(NSF)or canceled; or 5.For a permit or approval that is subject to sensitive area review,the applicant has failed to disclose a change of circumstances on the development proposal site which materially affects an applicant's ability to meet the permit or approval conditions, or which makes inaccurate the sensitive area study that was the basis for establishing permit or approval conditions. B. Such suspension, revocation, or modification shall be carried out through the notice and order provisions of this article and shall be effective upon the compliance date established by the notice and order. Such suspension,revocation or modification may be appealed to the hearing examiner using the appeal provisions of this article. C. Notwithstanding any other provision of this article,the Gitydirector may immediately suspend operations under any permit by issuing a stop work order. (Ord. 04-013 § 1(1.20.26),2004). 10.30.410 Notice and order—Remedies—Denial of permit. A. The Gitydirector may deny a permit when, with regard to the site or project for which the permit is submitted: 1. Any person owning the property or submitting the development proposal has been found in violation of any ordinance,resolution,regulation or public rule of the City that regulates or protects the public health, safety and welfare, or the use and development of land and water; and/or 2. Any person owning the property or submitting the development proposal has been found in violation and remains in violation of the conditions of any permit, notice and order or stop work order issued pursuant to any such ordinance,resolution,regulation or public rule. B. In order to further the remedial purposes of this article, such denial may continue until the violation is cured by restoration accepted as complete by the Gitydirector and by payment of any civil penalty imposed for the violation, except that permits or approvals shall be granted to the extent necessary to accomplish any required restoration or cure. (Ord. 04-013 § 1(1.20.27),2004). 10.30.420 Notice and order—Remedies—Abatement. In addition to,or as an alternative to, any other judicial or administrative remedy,the Gitydirector may use the notice and order provisions of this article to order any person responsible for a code violation to abate the violation and to complete the work at such time and under such conditions as the Gitydirector determines reasonable under the circumstances.If the required corrective work is not commenced or completed within the time specified,the City may seek a judicial abatement order pursuant to this article. (Ord. 04-013 § 1(1.20.28),2004). 10.30.430 Stop work order—Authorized. The Codirector is authorized to issue a stop work order to a person responsible for a code violation. Issuance of a notice of violation or notice and order is not a condition precedent to the issuance of the stop work order. (Ord.04-013 § 1(1.20.29),2004). 10.30.440 Stop work order—Effect. A. A stop work order represents a determination that a code violation has occurred or is occurring, and that any work or activity that caused, is causing or contributing to the violation on the property where the violation has occurred,or is occurring,must cease. B. A stop work order requires the immediate cessation of the specified work or activity on the named property. Work activity may not resume unless specifically authorized in writing by the City. C.A stop work order may be appealed according to the procedures prescribed in this article. D. Failure to appeal the stop work order within 20 days renders the stop work order a final determination that the civil code violation occurred and that work was properly ordered to cease. E.A stop work order may be enforced by the City police.(Ord.04-013 § 1(1.20.30),2004). 10.30.450 Stop work order—Remedy—Civil penalties. A. In addition to any other judicial or administrative remedy, the City may assess civil penalties for the violation of any stop work order according to the civil penalty schedule established in SVMC 10.30.470. B. Civil penalties for the violation of any stop work order shall begin to accrue on the first day the stop work order is violated and shall cease accruing on the day the work is actually stopped. C. Violation of a stop work order shall be a separate violation from any other code violation. (Ord. 04-013 § 1(1.20.31),2004). 10.30.460 Stop work order—Remedy—Criminal penalties. In addition to any other judicial or administrative remedy, the City may forward to the office of city attorney a detailed factual background of the alleged violation with a recommendation that a misdemeanor charge be filed against the person(s)responsible for any willful violation of a stop work order. (Ord.04-013 § 1(1.20.32),2004). 10.30.470 Civil penalties—Assessment schedule. A. Civil penalties for code violations shall be imposed for remedial purposes and shall be assessed for each violation identified in a notice of violation, notice and order or stop work order, pursuant to the following schedule: 1.Notice of violation: $250.00 2-Notice and orders and stop work orders: a.Basic initial penalty: $500.00 b.Additional initial penalties may be added where there is: i.Public health risk—amount depends on severity: $0—2,500 ii.Environmental damage—amount depends on severity: $0—2,500 iii.Damage to property—amount depends on severity: $0—2,500 iv.History of similar violations(less than three): $5000- 000 v.History of similar violations(three or more): $0- 50002.500 vi.Economic benefit to person responsible for violation: $0--5,000 c.The above penalties may be offset by the following compliance: i.Full compliance with a voluntary compliance agreement with prior history of zero to one similar violations: $0—1,500 ii.Full compliance with a voluntary compliance agreement and a history of two_ or more prior similar violations: $0—250500.00 B. The total initial penalties assessed for notice and orders and stop work orders pursuant to this article shall apply for the first 30-day period following issuance of the order, unless another time period is specified in a voluntary compliance agreement. . : .- .- :--: .. - •s ----- • - penalties beyond the maximum penalties stated as an additional means to achieve timely compliance. authority to issue a subsequent notice and order or stop work order for continued noncompliance. In that event, additional penalties shall be imposed. D. Civil penalties shall be paid within 20 days of service of the notice of violation, notice and order or stop work order if not appealed. Payment of the civil penalties assessed under this article does not relieve a person found to be responsible for a code violation of his or her duty to correct the violation and/or to pay any and all civil penalties or other cost assessments issued pursuant to this article. E. The City may suspend civil penalties if the person responsible for a code violation has entered into a voluntary compliance agreement. Penalties shall begin to accrue again pursuant to the terms of the voluntary compliance agreement if any necessary permits applied for are denied, canceled or not pursued, er-if corrective action identified in the voluntary compliance agreement is not completed as specified. or if the property is allowed to return to a condition similar to that condition which nave rise to the voluntary compliance agreement. F. Civil penalties assessed create a joint and several personal obligation in all persons responsible for a code violation. G.In addition to,or in lieu of, any other state or local provision for the recovery of civil penalties, the City may file for record with the Spokane County auditor to claim a lien against the real property for the civil penalties assessed under this article if the violation was reasonably related to the real property. Any such lien can be filed under this article if, after the expiration of 30 days from when a person responsible for a code violation receives the notice of violation, notice and order or stop work order(excluding any appeal)and any civil penalties remain unpaid in whole or in part.(Ord. 04-013 § 1(1.20.33),2004). 10.30.480 Civil penalties Duty to comply. Persons responsible for a code violation have a duty to notify the City in writing of any actions taken to achieve compliance with the notice and order.For purposes of assessing civil penalties, a violation shall be considered ongoing until the person responsible for a code violation has come into compliance with the notice and order, voluntary compliance agreement, or stop work order, and has provided sufficient evidence of such compliance. (Ord. 04-013 § 1(1.20.34),2004). 10.30.490 Civil penalties—Community service. The City is authorized to allow a person responsible for a code violation who accumulates civil penalties as a result of a notice of violation, notice and order, or for failure to comply with the terms of a voluntary compliance agreement, to voluntarily participate in community service projects in lieu of paying all or a portion of the assessed civil penalties. Community service may include, but is not limited to, abatement, restoration or education programs designed to clean up the City. The amount of community service will reasonably relate to the comparable value of penalties assessed against the violator. The rate at which civil penalties are worked off under this subsection is $10.00 per hour. The City shall take into consideration the severity of the violation, any history of previous violations and practical and legal impediments in considering whether to • allow community service in lieu of paying penalties.(Ord. 04-013 § 1(1.20.35),2004). 10.30.500 Civil penalties—Waivers. A. Civil penalties may be waived or reimbursed to the payor by the City under the following circumstances: 1.The notice of violation,notice and order or stop work order was issued in error; 2.The civil penalties were assessed in error; 3.Notice failed to reach the property owner due to unusual circumstances; or 4. New, material information warranting waiver has been presented to the City since the notice of violation,notice and order or stop work order was issued. B. The Codirector shall state in writing the basis for a decision to waive penalties, and such statement shall become part of the public record unless privileged. (Ord. 04-013 § 1(1.20.36), 2004). 10.30.510 Civil penalties—Critical areas. A. The compliance provisions for critical areas are intended to protect critical areas and the general public from harm, to meet the requirements of Chapter 36.70A RCW (the Growth Management Act), and to further the remedial purposes of this article. To achieve this, persons responsible for a code violation will not only be required to restore damaged critical areas,insofar as that is possible and beneficial,but will also be required to pay a civil penalty for the redress of ecological,recreational, and economic values lost or damaged due to their unlawful action. B. The provisions of this section are in addition to, and not in lieu of, any other penalty, sanction or right of action provided by law for other related violations. C. Where feasible, the owner of the land on which the violation occurred shall be named as a party to the notice and order. In addition to any other persons who may be liable for a violation, and subject to the exceptions provided in this article, the owner shall be jointly and severally liable for the restoration of a site and payment of any civil penalties imposed. D.Violation of critical area provisions of this code means: 1. The violation of any provision of Chapter 10.20 SVMC, Article III, Critical Areas, or of the administrative rules promulgated thereunder. The ordinance codified in Chapter 10.20 10.30.520 Spokane County Code as its interim critical areas regulations; 2.The failure to obtain a permit required for work in a critical area;or 3. The failure to comply with the conditions of any permit, approval, terms and conditions of any sensitive area tract or setback area, easement, covenant, plat restriction or binding assurance, or any notice and order, stop work order, mitigation plan, contract or agreement issued or concluded pursuant to the above-mentioned provisions. E.Any person in violation of Chapter 10.20 SVMC,Article III, Critical Areas,may be subject to civil penalties,costs and fees as follows: 1. According to the civil penalty schedule under SVMC 10.30.470; provided, that the exact amount of the penalty per violation shall be determined by the City based on the physical extent and severity of the violation;or 2.The greater of: a.An amount determined to be equivalent to the economic benefit that the person responsible for a code violation derives from the violation,measured as the total of: i.The resulting increase in market value of the property; ii.The value received by the person responsible for a violation; iii. The savings of construction costs realized by the person responsible for a code violation as a result of performing any act in violation of Chapter 10.20 SVMC,Article III, Critical Areas;or b. Code compliance costs (such amount not to exceed $25,000) incurred by the City to enforce the ordinance codified in Chapter 10.20 SVMC, Article III, Critical Areas, as against the person responsible for a code violation. (Ord. 04-013 § 1(1.20.37),2004). 10.30.520 Cost recovery. A. In addition to the other remedies available under this article, upon issuance of a notice and order or stop work order the City shall charge the costs of pursuing code compliance and abatement incurred to correct a code violation to the person responsible for a code violation. These charges include: 1. Reasonable Legal Fees and Costs. For purposes of this section, "reasonable legal fees and costs" shall include, but are not limited to, legal personnel costs, both direct and related, incurred to enforce the provisions of this article as may be allowed by law;and 2. Administrative Personnel Costs. For purposes of this section, "administrative personnel costs" shall include, but are not limited to, administrative employee costs, both direct and related, incurred to enforce the provisions of this article;and 3. Abatement Costs. The City shall keep an itemized account of costs incurred by the City in the abatement of a violation under this article. Upon completion of any abatement work, the City shall prepare a report specifying a legal description of the real property where the abatement work occurred, the work done for each property, the itemized costs of the work, and interest accrued;and 4. Actual expenses and costs of the City in preparing notices, specifications and contracts; in accomplishing or contracting and inspecting the work; and the costs of any required printing,mailing or court filing fees. B. Such costs are due and payable 30 days from mailing of the invoice. C.All costs assessed by the City in pursuing code compliance and/or abatement create a joint and several personal obligation in all persons responsible for a violation. The office of the city attorney, on behalf of the City, may collect the costs of code compliance efforts by any appropriate legal means. D.In addition to,or in lieu of, any other state or local provision for the recovery of costs,the City may, after abating a violation pursuant to this article, file for record with the Spokane County auditor to claim a lien against the real property for the assessed costs identified in this article if the violation was reasonably related to the real property,in accordance with the provision any lien provisions authorized by state law. regarding mechanic's liens in Chapter 60.01 RCW, and said lien shall be fereclosed in the same manner as such liens. E. Any lien filed shall be subordinate to all previously existing special assessment liens imposed on the same property and shall be superior to all other liens, except for state and county taxes, with which it shall share priority. The City of Spokane Valley may cause a claim for lien to be filed for record within 90 days from the later of the date that the monetary penalty is due or the date the work is completed or the nuisance abated. The claim of lien shall contain sufficient information regarding the notice of violationand order, a description of the property to be charged with the lien, the owner of record, and the total of the lien. Any such claim of lien may be amended from time to time to reflect changed conditions. Any such lien shall bind the affected property for the period as provided for by state law.(Ord.04-013 § 1(1.20.38),2004). 10.30.530 Collection of civil penalties,fees and costs. The City may use the services of a collection agency in order to collect any civil penalties, fees, costs and/or interest owing under this article. (Ord.04-013 § 1(1.20.39),2004). 10.30.540 Abatement. A. Emergency Abatement. Whenever a condition constitutes an immediate threat to the public health, safety or welfare or to the environment, the City may summarily and without prior notice abate the condition. Notice of such abatement, including the reason for it, shall be given to the person responsible for the violation as soon as reasonably possible after the abatement. B. Judicial Abatement. The City may seek a judicial abatement order from Spokane County superior court, to abate a condition which continues to be a violation of this code where other methods of remedial action have failed to produce compliance. C. The City shall seek to recover the costs of abatement as authorized by this article. (Ord. 04- 013 § 1(1.20.40),2004). 10.30.550 Code compliance abatement fund—Authorized. All monies collected from the assessment of civil penalties and for abatement costs and work shall be allocated to support expenditures for abatement,and shall be accounted for through either creation of an account in the fund for such abatement costs, or other appropriate accounting mechanism. (Ord.04-013 § 1(1.20.41),2004). 10.30.560 Administrative appeals—Standing—Filing requirements. A. Any person issued a notice of violation or named in a notice and order or stop work order,and any owner of the land where the violation for which a notice of violation, notice and order or stop work order is issued may file a notice of appeal of the following: 7 -Notice o f violation; 1..�v �.t.of violation; 2.Notice and order; 32. Stop work order. B. A complainant who requests to be kept advised may appeal a determination of compliance by the City. C. A person that does not meet the requirements of subsection A or B of this section does not have standing to appeal under this article. D. Any person filing an appeal under this article who was issued a notice of violation or notice and order, or is the owner of the land where the violation occurred, shall do so by obtaining the appeal form from the City and filing the completed appeal form within 20 days of service of the notice of violation,notice and order or stop work order. Failure to appeal the notice and order or stop work order within the applicable time limits shall render the notice and order or stop work order a final determination that the conditions described in the notice and order existed and constituted a violation, and that the named party is liable as a person responsible for a code violation. A complainant who appeals the determination of compliance by the City must file any such appeal within 20 days of service of the determination of compliance. E. Any administrative appeal considered under this article will be determined by the hearing examiner pursuant to Chapter 10.35 SVMC, Article I, as adopted or hereafter amended,unless in conflict with specific provisions of this article,in which case the specific provisions of this article shall control. (Ord. 04-013 § 1(1.20.42),2004). 10.30.570 Administrative appeal—Notice of hearing. Upon receipt of a notice of appeal, the City shall provide a hearing notice stating the time, location and date of the hearing on the issues identified on the notice of violation, notice and order or stop work order. The City shall mail this notice by certified mail, five-day return receipt requested,to the person(s)responsible for a violation. (Ord. 04-013 § 1(1.20.43),2004). 10.30.580 Administrative appeal—Procedures. A. The appeal hearing shall be conducted as provided for in the ordinance codified in Chapter 10.35 SVMC,Article I, as adopted or hereafter amended. B. Enforcement of any notice and order of the City issued pursuant to this article shall be stayed during the pendency of any administrative appeal except when the City determines that the violation poses a significant threat of immediate and/or irreparable harm and so states in any notice and order issued. C. Enforcement of any stop work order issued pursuant to this article shall not be stayed during the pendency of any administrative appeal under this article. D. When multiple notices of violation, notices and order or stop work orders have been issued simultaneously for any set of facts constituting a violation,only one appeal of all the enforcement actions shall be allowed. (Ord.04-013 § 1(1.20.44),2004). 10.30.590 Administrative appeal—Final order. A. Following review of the evidence, the hearing examiner shall issue a written order containing findings and conclusions, and shall affirm or modify the notice of violation, notice and order or stop work order previously issued if the hearing examiner finds that a violation has occurred.The hearing examiner shall uphold the appeal and reverse the citation or notice and order or stop work order if the examiner fmds that no violation occurred. B. If an owner of property where the violation has occurred has affirmatively demonstrated that the violation was caused by another person or entity not the agent of the property owner and without the owner's knowledge or consent, such property owner shall be responsible only for abatement of the violation. Strict compliance with permit requirements may be waived regarding the performance of such abatement in order to avoid doing substantial injustice to a nonculpable property owner. C. The hearing examiner's final order shall be final and conclusive unless pre eedings for review of the decision are properly commenced in Spokane County superior court within the time period specified by applicable state law. D. A final order by the hearing examiner affirming, revoking or modifying a notice of violation, notice and order or stop work order is a final decision.(Ord. 04-013 § 1(1.20.45),2004). 10.30.600 Judicial enforcement—Petition for enforcement. A. In addition to any other judicial or administrative remedy, the office of the city attorney, on behalf of the City, may seek enforcement of the City's order by filing a petition for enforcement in Spokane County superior court. B. The petition must name as respondent each person against whom the City seeks to obtain civil enforcement. C. A petition for civil enforcement may request monetary relief, declaratory relief, temporary or permanent injunctive relief, and any other civil remedy provided by law, or any combination of the foregoing. (Ord.04-013 § 1(1.20.46),2004). Section 2. Severability. If any section, subsection, sentence or clause of this chapter is for any reason held to be invalid, such decision shall not affect the validity of the remaining provisions of this chapter. Section 3. Effective date. This Ordinance shall be in full force and effect five days after publication of this Ordinance or a summary thereof occurs in the official newspaper of the City as provided by law. Passed on this day of February,2006. Mayor,Diana Wilhite ATTEST: City Clerk, Christine Bainbridge Approved As To Form: Office of the City Attorney Date of Publication: Effective Date: CITY OF SPOKANE VALLEY SPOKANE COUNTY,WASHINGTON ORDINANCE NO.06-*** AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, WASHINGTON, REPEALING SPOKANE VALLEY ORDINANCE 05- 015 IN ITS ENTIRETY, WHICH RENUMBERED VARIOUS PROVISIONS OF THE SPOKANE VALLEY MUNICIPAL CODE, PROVIDING FOR SEVERABILITY, AND ESTABLISHING EFFECTIVE DATE. WHEREAS, The City Council adopted Ordinance 05-015 on March 22, 2005, which renumbered numerous sections of the Spokane Valley Municipal Code. WHEREAS, Due to the complexity of the currently adopted zoning code provisions and the anticipated development of a new Uniform Development code (hereinafter UDC); and WHEREAS, to ensure that no conflict arises during the pendency of the development of the new UDC with the existing and currently effective zoning code provisions; and WHEREAS, the City will consider adopting a numbering system substantially similar to that now being repealed at such time that the City's Comprehensive Plan has been adopted and the UDC is drafted; and WHEREAS, the following changes are necessary to protect the health, safety, and welfare of the general public and the environment; NOW, TH[+;REFORE, the City Council of the City of Spokane Valley, Washington, ordains as follows: Section 1. Repeal of Spokane Valley Ordinance 05-015. Spokane Valley Ordinance 05-015 is hereby repealed in its entirety. The Spokane Valley Code numbers for specific provisions revised by Ordinance 05-015 shall revert to these numbers in effect prior to the adoption of ordinance 05-015. Section 2. No effect on ordinances passed subsequent to ordinance 05-015. Nothing in this ordinance shall in any manner change or alter the numbering set forth in any ordinance passed by the Spokane Valley City Council after the date of passage of ordinance 05- 015. Section 3. Severability. If any section, sentence, clause or phrase of this ordinance shall be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this ordinance. Section 4. Effective Date. This Ordinance shall be in full force and effect five days after publication of this Ordinance or a summary thereof occurs in the official newspaper of the City as provided by law. 1 PASSED by the City Council this +h day of , 2006. Mayor,Diana Wilhite ATTEST: City Clerk, Chris Bainbridge Approved as to Form: Office of the City Attorney Date of Publication: Effective Date: 2 Section 4.15.1 Residential Zone Dimensional Standards UR-3.5(3)(1) UR 7(3)(1) UR 12(3)(1) UR 22(3)(1) Residential Single Single Multi- Single Multi- Single Multi- PUDs(3)(1) Family Duplex Family Duplex .family Family Duplex family Family Duplex family Lot Area/Dwelling Unit 10,000 20,000 6,000 11,000 15,000 4,200 5,000 6,000 1,600 3,200 6,000 1,600 Lot Frontage 80 80 65 90 100 50 50 60 20 40 60 30 Lot Depth 80 80 100 80 80 100 50 Front Yard Setback E (5) 15(2) 15(�) 15(�) 15(2) 15(2) 15(2) 15(2) 15(2) 15(2) 15(�( 15(2) 15(5) Garage Setback 'c 20(2) 20(2) 20(2) 20(2) 20(2) 20(2) 20(2) 20(2) 20(2) 20(2) 20(2) 20(5) Rear Yard Setback (4)(5)(6) 20 20 20 20 15 20 20 15 20 20 15 _ 15 Side Yard Setback (4)(5)(5) 5 5 5 5 5 5 5 5 5 5 5 5 Side Yard Setback (flanking Street)(5) 15(2) 15(2) 15(2) 15(2) 15(2) 15(2) 15(2) 15(2) 15(2) 15(2) 15(2) 10 Open Space 10%gross area Density(DU/Acre) 4.35 4.35 7 7 7 12 12 12 22 22 22 Zone+Bonus Lot Coverage 50.0% 50.0% 55.0% 55.0% 55.0% 60.0% 60.0% 60.0% 65.0% 65.0% 65.0% 60.0% E Building Height(in to feet) 35 35 35 35 35 40 40 40 50 50 50 Zone Building Height On stories) 2% 21% 2% 2% 3 3 3 4 4 4 Zone (1) "Clear view"Triangle required (2) Measured from property line outside border easement,if any Zero setbacks along rear and/or one side are allowed provided that a 5'-0"construction and maintenance easement(s)is recorded with the Spokane (3) County Auditor prior to issuance of a building permit.Minimum rear yard setbacks on zero lot line configuration shall not be less than fifty(50)feet or the sum of the rear yards required by the underlying zone,whichever is greater. (4) Minimum side yard setbacks between dwelling units and adjacent lots shall not be less than 10 feet on the side opposite the zero in a zero lot line configuration (5) Institutional and Office uses have the same setback as residential uses in zones where permitted. Attached garages loading from the side may have the same setback as a principal structure. (6) Permitted accessory structures shall maintain a five foot(5'-0")side and rear yard setback ATTACHMENT "A" 3