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Agenda 07/27/2006 SPOKANE VALLEY PLANNING COMMISSION AGENDA Council Chambers - City Hall 11707 E. Sprague Avenue July 27, 2006 6:00 to 9:00 pm 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 — Uniform Development Code, Title 17 - General Provisions Discussion — Uniform Development Code, Title 18 - Boards &Authorities Old Business — X. FOR THE GOOD OF THE ORDER XI. ADJOURNMENT COMMISSIONERS CITY STAFF Gail Kogle, Chair Marina Sukup, AICP Robert Blum, Vice-Chair Greg McCormick, AICP Fred Beaulac Scott Kuhta, AICP John G. Carroll Mike Basinger, Assoc Planner David Crosby Cary Driskell, Deputy City Attorney Ian Robertson Deanna Griffith Marcia Sands www.spokanevallev.orq CITY OF SPOKANE VALLEY Request for Planning Commission Action Meeting Date: July 27, 2006 Item: Check all that apply: ❑ consent ❑ old business ❑ new business ® public hearing ® information ❑ admin. report ® pending legislation AGENDA ITEM TITLE: Discussion: Spokane Valley Uniform Development Code (UDC) Titles 17 General Provisions and 18 Administration. GOVERNING LEGISLATION: RCW 36.70, WAC 365-195-800 et seq. PREVIOUS COUNCIL/COMMISSION ACTION TAKEN: The 2006-2026 Comprehensive Plan was adopted on April 25, 2006 and effective on May 10, 2006. BACKGROUND: The City has one year to adopt regulations implementing the Comprehensive Plan. These regulations will be incorporated into the Spokane Valley Uniform Development Code, including a wide range of regulations, some of which the Planning Commission has seen in the past. These regulations are subject to the same requirements for early, continuous and collaborative public participation as the Comprehensive Plan. The proposed SVUDC will include Titles 17-25 of the Spokane Valley Municipal Code. Although the chapters of each title are extremely important, some are of greater interest to members of the public than others, as was the case with The Comprehensive Plan. In summary, the titles are as follows: Title 17 General Provisions Title 18 Administration Title 19 Zoning Regulations Title 20 Subdivision Regulations Title 21 Environmental Controls Title 22 Design & Development Standards Title 23 Reserved Title 24 Building Regulations Title 25 Developer Contributions The proposed Title 17 General Provisions and 18 Administration were sent to the Community Trade & Economic Development Department (CTED) on July 21, 2006. A Determination of Non-Significance (DNS) under the State Environmental Policy Act (SEPA) as a non-project action was issued on July 21, 2006. OPTIONS: Approve and/or provide staff with direction. RECOMMENDED ACTION OR MOTION: None Required. BUDGET/FINANCIAL IMPACTS: None. STAFF CONTACT: Marina Sukup, AICP, Community Development Director ATTACHMENTS: Drafts regulations Planning Commission UDC Draft- Last updated July 18, 2006 Title 17 GENERAL PROVISIONS 17.05 Authority 17.05.010 The City of Spokane Valley (hereafter referred to as "the City") adopts Spokane Valley Municipal Code (SVMC) Titles 17-25 as the City of Spokane Valley Uniform Development Code (UDC) pursuant to RCW 35A.11.020 and RCW 35A.14.140 and further in compliance with RCW 36.70A (the Growth Management Act) and WAC Sections 365-195-800 through 365-195-865. 17.10 Purpose 17.10.010 These regulations have been established in accordance with the comprehensive plan for the purpose of promoting the health, safety, general welfare and protection of the environment of the City. They have been designed to reduce traffic congestion; to reduce the threat of fire, panic and other dangers; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirements; to safeguard community character; to encourage land uses in areas suitable for particular uses; to conserve the value of property; and to encourage the most appropriate use of land throughout the City. 17.15 Application and Penalty 17.15.010 All development and use of land within the corporate limits of the City shall conform to all of the requirements of this code, unless specifically exempted herein or by the operation of law. 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. Further, 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. 17.20 Rules of Construction 17.20.010 General All provisions, terms, phrases and expressions contained in this code shall be construed to implement the intent and meaning of the city council. 17.20.020 Specific 1. Computation of time. The time within which an act is to be done shall be computed by excluding the first and including the last day. Although, if the defined period of time would expire on a Saturday, Sunday, or legal holiday, then the time period is extended until the end of the next day that is not a Saturday, Sunday, or legal holiday. In the computation of time the standard calendar shall be used. The following time-related words shall have the meanings ascribed below. a. "Day" means a calendar day, unless working day is specified. b. "Week" means seven (7) calendar days. 1 Page 1 of 34, P:\Community Development\Planning Commission\2006 Meetings - Planning Commission\07-27-06 PC Meeting\Title 17 UDC General Provisions PC Draft.doc Planning Commission UDC Draft- Last updated July 18, 2006 c. "Month" means a calendar month. d. "Year" means a calendar year. 2. Conjunctions. Unless the context clearly indicates to the contrary, conjunctions shall be interpreted as follows: a. "And" indicates that all connected items, conditions, provisions or events shall apply. b. "Or" indicates that one or more of the connected items, conditions, provisions or events shall apply. c. "Either ... or" indicates that the connected items, conditions, provisions or events shall apply singularly but not in combination. 3. Delegation of authority. Whenever a provision appears requiring the head of a department or some other officer or employee to do some act or perform some duty, it is to be construed to authorize the head of the department or other officer to designate, delegate and authorize subordinates to perform the required act or duty, unless the terms of the provision or section specify otherwise. 4. Non-technical and technical words. Words and phases shall be construed according to the common and approved usage of the language, but technical words and phases and such others as may have acquired a peculiar and appropriate meaning in law shall be construed and understood according to such meaning. 5. Number. A word indicating the singular number may extend and be applied to several persons and things. The use of the plural number shall be deemed to include any single person or thing, unless the context clearly indicates the contrary. 6. Public officials, bodies and agencies. All public officials, bodies and agencies to which reference is made are those of the City, unless otherwise indicated. 7. Shall and may. The word "shall" is always mandatory and not discretionary. The word "may" is permissive. 8. Tense. Words used in the past or present tense include the future as well as the past or present, unless the context clearly indicates the contrary. 9. Text. In case of any difference of meaning or implication between the text of this code and any illustration or figure, the text shall control. 17.25 Code Interpretation 17.25.010 Interpretation of Development Code Any person may request a formal interpretation of a provision of the development code, zoning map, arterial road map, prior conditions of approval or prior administrative interpretations. The interpretation shall be made by the community development director (hereafter referred to as "the director"). The community development department (hereafter referred to as "the department") shall maintain a file of all written interpretations. 17.25.020 Appeal of Administrative Interpretation This formal interpretation may be appealed pursuant to the provisions of chapter 17.50 of this code. 2 Page 2 of 34, P:\Community Development\Planning Commission\2006 Meetings - Planning Commission\07-27-06 PC Meeting\Title 17 UDC General Provisions PC Draft.doc Planning Commission UDC Draft- Last updated July 18, 2006 17.30 Consistency with Comprehensive Plan 17.30.010 The regulations of this code are intended to implement the City's official comprehensive plan, as such may be amended from time to time. A copy of the plan shall be kept in the office of the city clerk, and it shall be available for public inspection during regular business hours or on the City's website. Applications for rezoning any land use action shall be consistent with the comprehensive plan. 17.35 Severability The sections, paragraphs, sentences, clauses and phrases of this chapter are severable, and if any phrase, clause, sentence, paragraph or section of this chapter shall be declared unconstitutional, such unconstitutionality or invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs or sections of this code. 17.40 Permit Processing Procedures 17.40.010 Purpose and Applicability 1. Purpose. The purpose of this chapter is to establish standardized decision-making procedures for reviewing development and land use applications within the City . This chapter is intended to: a. Assure prompt review of development applications; b. Provide for necessary public review and comment on development applications; c. Minimize adverse impacts on surrounding land uses; d. Encourage flexibility and innovation in the design and layout of development proposals; and e. Ensure consistency with the comprehensive plan and development regulations. 2. Applicability. This chapter applies to all development applications identified in SVMC 17.40.030. 17.40.020 Types of Development Applications 1. Land Use and development applications will be classified, as follows: a. Type I procedures apply to permits and decisions issued administratively. b. Type II procedures apply to actions that contain some discretionary criteria. c. Type III procedures apply to quasi-judicial permits and actions that contain discretionary approval criteria. d. Type IV procedures apply to legislative matters. Legislative matters involve the creation, revision or large-scale implementation of public policy. e. Exempt applications defined below in SVMC 10.40.040. 17.40.030 Assignment of Permit Classification 1. Assignment by Table. Land use and development applications shall be classified pursuant to the following table. 3 Page 3 of 34, P:\Community Development\Planning Commission\2006 Meetings - Planning Commission\07-27-06 PC Meeting\Title 17 UDC General Provisions PC Draft.doc Planning Commission UDC Draft- Last updated July 18, 2006 Table 17.40-1 Type Land Use and Development Application Cross Reference Accessory Dwelling Units 19.110 Administrative Determinations by community development director,public 17.25 works director,or building official. Administrative Exception 19.60 Administrative Interpretation 17.25.010 Boundary Line Adjustments and Eliminations 20.80 Home Profession Permit 19.110 Shoreline Permit Exemption (dock permit) 21.50 Site Plan Review 19.65 Temporary Use Permit 19.800 Time Extensions for preliminary plat,short plat or binding site plan 20.10.060 Floodplain development 21.30 Grading Permits 24.100 Binding Site Plan-Preliminary 20.60 Binding Site Plan—Change of Conditions 20.60 Wireless Communication Facilities 22.120 II Plat Alterations 20.70 Plat Modifications 20.70 SEPA Threshold Determination 21.20 Short Subdivision—Preliminary Plat 20.20 Conditional Use Permits 19.700 Shoreline Conditional Use Permit 21.50 Shoreline Substantial Development Permit 21.50 Ill Shoreline Variance 21.50 Subdivisions-Preliminary Plat 20.20 Variance 19.900 Zoning Map Amendments(site specific rezones) 17.40.160 Annual Comprehensive Plan Amendments(text and/or map) 17.40.160 IV Area-wide Zoning Map Amendments 17.40.160 Development Code Text Amendments 17.40.160 2. Assignment by Director: Land use and development applications not defined in table 17.40-1 above shall be assigned a type by the director, unless exempt under SVMC 17.40.040. When one or more procedure may be appropriate, the process providing the greatest opportunity for public notice shall be followed. 17.40.040 Exempt activities 1. Exemptions. Unless specified elsewhere in this title, the following development activities are exempt from the procedural requirements of this chapter: 4 Page 4 of 34, P:\Community Development\Planning Commission\2006 Meetings - Planning Commission\07-27-06 PC Meeting\Title 17 UDC General Provisions PC Draft.doc Planning Commission UDC Draft- Last updated July 18, 2006 a. Normal or emergency repair or maintenance of public or private buildings, structures, landscaping or utilities. b. A change of any legally-established use is exempt; unless the change of use requires i. an increase in the number of parking spaces provided, ii. a conditional use permit under SVMC 19.80, iii. a site plan approval under SVMC 19.65, or iv. review by SEPA c. Final subdivisions, short subdivisions, and binding site plans. d. Building permits that are not subject to SEPA. e. On-site utility permits not obtained in conjunction with a specific development application, including but not limited to sewer hook-ups, water hook-ups, right-of-way permits, and fire department permits. f. Sign permits. g. Interior remodeling and tenant improvements unless site plan review is required under SVMC 19.65. 2. Other Regulations. Applications exempt under this section remain subject to all other applicable standards and requirements of the SVMC. 17.40.050 Submission requirements 1. Application forms. All applications shall be made on forms provided by the department. The director shall have authority to modify application materials. 2. Submittal information. All applications shall include the information required in applicable provisions of this code as identified in Table 17.40-1 and other additional information required by the department. 3. Fees. Fees as required by SVMC 17.70. 17.40.060 Final Decision Authority The final decision for application type shall be made by: 1. Type I —the department. 2. Type II —the department. 3. Type III —the hearing examiner. 4. Type IV—the city council preceded by a recommendation by planning commission. 17.40.070 Required Development Application Procedures 1. The required procedures for Type I, II, and III applications are in the following table. The specific procedures required for Type IV applications are set forth in SVMC 17.40.140. 5 Page 5 of 34, P:\Community Development\Planning Commission\2006 Meetings - Planning Commission\07-27-06 PC Meeting\Title 17 UDC General Provisions PC Draft.doc Planning Commission UDC Draft- Last updated July 18, 2006 Table 17.40-2 Procedures for Development Applications O O C C O N O O Application dQ(uov c anE acov EO - o Oxg - . '((1).)� O Type m � O O '. ra 0F7O c0 .E90 o - B . 3* � o oO o - -O Z aov, N- Type 0 X X N/A N/A X Type II 0 X X X N/A X Type III X X X X X X X Required 0 Optional N/A Not Applicable 17.40.080 Pre-Application Conference 1. Purpose. To provide City and other agency staff with a sufficient level of detail about the proposed development to enable staff to advise the applicant of applicable approvals and requirements; and to acquaint the applicant with the applicable requirements of the SVMC and other laws and to identify issues and concerns in advance of a formal application. 2. Pre-application. Type II and III applicants shall schedule a pre-application conference and provide information requested in advance of the meeting. 3. Pre-application waivers. The director may waive the pre-application conference if determined that the proposal has few development-related issues, involves subsequent phases of an approved development, or is substantially similar to a prior proposal affecting substantially the same property. 17.40.090 Counter-Complete Determination 1. Determination and Application Content. Prior to accepting an application the department shall determine whether the application is counter-complete. A counter-complete application shall contain all information included in the applicable form. Review for counter-complete status does not include an evaluation of the substantive adequacy of the information in the application. 2. Incomplete application. If the department determines that the application is not counter- complete, the application shall be rejected and the applicant advised of the information needed to complete the application. 3. Counter-complete application. Counter-complete applications shall be accepted for review for fully-complete determination. 17.40.100 Fully-Complete Determination 1. Determination. Once a counter-complete application has been accepted, the department shall within 28 calendar days, provide a written determination delivered by mail or in person to the applicant that the application is either fully-complete or if incomplete a list of what is required to make the application complete and the names of agencies of local, state, or federal governments that may have jurisdiction over some aspect of the application to the extent known by the City. 2. Incomplete application. If the necessary information is not provided by the applicant within 60 days, the department shall: 6 Page 6 of 34, P:\Community Development\Planning Commission\2006 Meetings - Planning Commission\07-27-06 PC Meeting\Title 17 UDC General Provisions PC Draft.doc Planning Commission UDC Draft- Last updated July 18, 2006 a. Reject and return the application; or b. Issue a decision denying the application, based on a lack of information. The applicant may reinitiate the fully-complete review process without additional fees provided that the required information is provided by a date specified by the department. c. The applicant may withdraw the application by submitting a request in writing and may be entitled to the return of up to 80% of the fees submitted. 3. Fully-complete application. If the department determines that any application is fully- complete, the department shall, within 14 calendar days issue a notice of application pursuant to section SVMC 17.40.110. 4. Request for additional information. A fully-complete determination shall not preclude the city from requesting additional information, studies or changes to submitted information or plans if new information is required or substantial changes to the proposal occur. 5. Revocation: An application's fully-complete and vesting status may be revoked if the department determines that the applicant intentionally submitted false information. 6. Within 14 calendar days after an applicant has submitted additional information identified by the City as necessary for a complete application, the City shall notify the applicant whether the application is complete or what additional information is necessary. 17.40.110 Notice of Application 1. Contents. Within 14 calendar days after an application is determined fully-complete, the department shall issue a notice of application. a. All notices of applications shall include the following: i. The case file number(s), the date of application, and the date a fully complete application was filed; ii. A description of the proposed project and a list of project permits included with the application, as well as the identification of other permits not included in the application, to the extent known to the city; iii. The proposed SEPA Threshold Determination, if applicable. iv. The identification of any existing environmental documents that may be used to evaluate the proposed project; v. A statement of the public comment period; a statement that the public has the right to comment on the application, receive notice of the decision, and request a copy of the decision once made, and a statement of any appeal rights; vi. The name of the applicant or applicant's authorized representative and the name, address and telephone number of a contact person for the applicant, if any; vii. A description of the site, including current zoning and nearest road intersections, sufficient to inform the reader of its location and zoning; viii. A map showing the subject property in relation to other properties or a reduced copy of the site plan; 7 Page 7 of 34, P:\Community Development\Planning Commission\2006 Meetings - Planning Commission\07-27-06 PC Meeting\Title 17 UDC General Provisions PC Draft.doc Planning Commission UDC Draft- Last updated July 18, 2006 ix. The date, place and times where information about the application may be examined and the name and telephone number of the city representative to contact about the application; x. Any additional information determined appropriate by the department. b. In addition to the requirements listed in 17.40.110(1)(a), a Type II notice of application shall include the following statements: i. That failure of any party to address the relevant approval criteria with sufficient specificity may result in the denial of the application; ii. That all evidence relied upon by the department to make the decision shall be contained within the record and is available for public review, and that copies can be obtained at a reasonable cost from the department; iii. That after the comment period closes, the department shall issue a Type II notice of decision. c. In addition to the requirements listed in 17.40.110(1)(a), a Type III application shall include the following statement: i. That a staff report and SEPA review will be available for inspection at least 10 calendar days before the public hearing and the deadline for submitting written comments 2. Distribution of Notice of Application. The notice of application shall be published in appropriate regional or neighborhood newspaper or trade journal and sent to the following persons by regular mail: a. The applicant and all owners of the subject property ; b. All adjacent property owners of record as shown on the most recent property tax assessment roll; c. Any governmental agency entitled to notice; d. Any person filing a written request for a copy of the notice of application.- 3. Type I exception. A notice of application is not required for Type I applications. 4. Comment Period. The department shall allow 14 calendar days for Type II and 30 calendar days for Type III after the date the notice of application is mailed and posted on the subject property, for individuals to submit comments. Within seven calendar days after the close of the public comment period, the department shall mail to the applicant a copy of written public comments, including email communications, timely received in response to the notice of application together with a statement that the applicant may submit a written response to these comments within 14 calendar days from the date the comments are mailed. The department in making this decision shall consider written comments timely received in response to the notice of application and timely written responses to those comments, including e-mail communications, submitted by the applicant. 17.40.120 Notice of Public Hearing A public hearing is required for Type III applications 1. Content of Notice of Public Hearing: Notices of public hearing shall contain the following information: 8 Page 8 of 34, P:\Community Development\Planning Commission\2006 Meetings - Planning Commission\07-27-06 PC Meeting\Title 17 UDC General Provisions PC Draft.doc Planning Commission UDC Draft- Last updated July 18, 2006 a. The application and/or project number; b. Project summary/description of each project permit application; c. The designation of the hearing body; d. The date, time and place of the hearing and a statement that the hearing will be conducted in accordance with the rules of procedure adopted by the hearing body; e. General project location, vicinity, address and parcel number(s), if applicable; f. The name, address and phone number of the owner, applicant and designated contact; g. The SEPA threshold determination or description thereof shall be contained in the notice, along with any appropriate statement regarding any shared or divided lead agency status and phased review and stating the end of any final comment period; h. A statement regarding the appeal process; and i. The date when the staff report will be available and the place and times where it can be reviewed. 2. Distribution of Notices of Public Hearing: Notices of public hearing shall be mailed, posted, and published at least fifteen (15) days prior to the hearing date and shall be distributed as follows: a. Notice by Mail: All property owners within three hundred (300) feet of the subject site by first class mail. Where any portion of the property abutting the subject property is owned, controlled, or under the option of the applicant, then all property owners within three hundred (300) foot radius of the total ownership interest shall be notified by first class mail. Property owners are those shown on the most recent Spokane County Assessors/Treasurers database as obtained by the title company no more than thirty (30) calendar days prior to the scheduled public hearing. In addition, notice shall be sent to the following: i. Agencies with jurisdiction (SEPA); ii. Municipal corporations or organization with which the City has executed an inter-local agreement; and iii. Other persons who the City determines may be affected by the proposed action or who requested such notice in writing. b. Notice by Sign: A sign a minimum of sixteen (16) square feet (4 feet in width by 4 feet in height) in area shall be posted by the applicant on the site along the most heavily traveled street adjacent to the subject property. The sign shall be provided by the applicant. The sign shall be constructed of material of sufficient weight and reasonable strength to withstand normal weather conditions. The sign shall be lettered and spaced as follows: i. A minimum of two (2) inch border on the top, sides and bottom of the sign; ii. The first line in four (4) inch letters shall read "NOTICE OF PUBLIC HEARING"; iii. Spacing between all lines shall be a minimum of three (3) inches; and 9 Page 9 of 34, P:\Community Development\Planning Commission\2006 Meetings - Planning Commission\07-27-06 PC Meeting\Title 17 UDC General Provisions PC Draft.doc Planning Commission UDC Draft- Last updated July 18, 2006 iv. The text of the sign shall include the following information in three (3) inch letters: Proposal: Applicant: File Number: Hearing: (date &time) Location: Review Authority: c. Notice by Publication: Publish one notice in an appropriate regional or neighborhood newspaper or trade journal. 17.40.130 Final Decision 1. Timeline to Make Final Decision —Type I. The department shall approve, approve with conditions, or deny a Type I application within 60 calendar days after the date the application was accepted as fully-complete, unless accompanied by a SEPA checklist. Time spent by the applicant to revise plans or provide additional studies or materials requested by the city shall not be included in the 60 day period. An applicant may agree in writing to extend the time in which the department shall issue a decision. The department's decision shall address all of the relevant approval criteria applicable to the development application. 2. Timeline to Make Final Decision —Type II and Ill. The final decision on a Type II and Ill application shall be made not more than 120 calendar days (90 days for subdivisions) after the date a fully-complete determination is made. This period shall not include: a. Time spent by the applicant to revise plans or provide additional studies or materials requested by the city. b. Time spent preparing an environmental impact statement. c. Time between submittal and resolution of an appeal. d. Any extension of time mutually agreed upon by the applicant and the city in writing. 3. Contents of Final Decision. The final decision on Type II and III applications shall contain the following information: a. The nature of the application in sufficient detail to apprise persons entitled to notice of the applicant's proposal and of the decision; b. The address or other geographic description of the subject property, including a map of the site in relation to the surrounding area, where applicable; c. The date the decision shall become final, unless appealed; d. A statement that all persons who have standing under SVMC17.50 may appeal the decision; e. A statement in boldface type briefly explaining how an appeal can be filed, the deadline for filing such an appeal, and where further information can be obtained concerning the appeal; f. A statement that the complete case file, including findings, conclusions and conditions of approval, if any, is available for review. The notice of final decision shall list the place, days and times where the case file is available and the name and telephone number of the city representative to contact about reviewing the case file; 10 Page 10 of 34, P:\Community Development\Planning Commission\2006 Meetings - Planning Commission\07-27-06 PC Meeting\Title 17 UDC General Provisions PC Draft.doc Planning Commission UDC Draft- Last updated July 18, 2006 g. A statement of the facts demonstrating how the application does or does not comply with applicable approval criteria; h. A statement of the basis of decision pursuant to the SVMC and other applicable law; i. The reasons for a conclusion to approve, approve with conditions or deny the application; j. The decision to approve or deny the application and, if approved, conditions of approval necessary to ensure the proposed development will comply with applicable law; and k. The date the final decision is mailed. 4. Notice of the Final Decision. All final decisions shall be sent by regular mail to the following: a. The applicant and all owners of the subject property; b. Any governmental agency entitled to notice; c. Any person filing a written request for a copy of the notice of application. d. Any person who provided substantive written comments on the application during the public comment period and provided a mailing address. 17.40.140 Type IV Applications —Comprehensive Plan Amendments and Area-wide Rezones 1. Initiation. Comprehensive plan amendments and area-wide rezones may be initiated by any of the following: a. Property owner(s) or their representatives; b. Any citizen, agency, neighborhood association or other party; or c. The department, planning commission or city council. 2. Applications. Applications shall be made on forms provide by the City. 3. Application Submittal: a. Applicant initiated: Comprehensive plan amendments and area-wide rezones shall be subject to a pre-application conference, counter-complete, and fully-complete determinations pursuant to SVMC 17.40.080, 090, and 100. The date upon fully- complete determination shall be the date of registration with the department. b. Non-applicant initiated: After submittal of a non-applicant initiated application, the application shall be placed on the register. 4. Register of Comprehensive Plan Amendments and Area-wide Rezones. The department shall establish and maintain a register of all applications. 5. Concurrent and Annual Review of Register. a. Sixty (60) days prior to November 1st in each calendar year, the City shall notify the public that the amendment process has begun. Notice shall be distributed as follows: i. Notice published in an appropriate regional or neighborhood newspaper or trade journal; ii. Notice posted on all City's official public notice boards; 11 Page 11 of 34, P:\Community Development\Planning Commission\2006 Meetings - Planning Commission\07-27-06 PC Meeting\Title 17 UDC General Provisions PC Draft.doc Planning Commission UDC Draft- Last updated July 18, 2006 iii. Copy of the notice sent to all agencies, organizations and adjacent jurisdictions with an interest. b. All registered applications shall be reviewed concurrently, on an annual basis and in a manner consistent with RCW 36.70A.130(2). Applications registered after November 1st of the previous calendar year and before November 1st of the current calendar year, shall be included in the annual review. Those registered after November 1St of the calendar year shall be placed on the register for review at the following annual review. c. Emergency Amendments: The City may review and amend the comprehensive plan when the city council determines that an emergency exists or in other circumstances as provided for by RCW 36.70A.130 (2)(a). 6. Notice of Public Hearing. Comprehensive plan amendments and area-wide rezones require a public hearing before the planning commission. a. Contents of Notice. A notice of public hearing shall include the following: i. The citation, if any, of the provision that would be changed by the proposal along with a brief description of that provision; ii. A statement of how the proposal would change the affected provision; iii. A statement of what areas, comprehensive plan designations, zones, or locations will be directly affected or changed by the proposal; iv. The date, time, and place of the public hearing; v. A statement of the availability of the official file; and vi. A statement of the right of any person to submit written comments to the planning commission and to appear at the public hearing of the planning commission to give oral comments on the proposal. b. Distribution of Notice. The department shall distribute the notice pursuant to SVMC 17.40.120(2). 7. Planning Commission Recommendation. a. Procedure. Following the public hearing, the planning commission shall consider the applications concurrently, and shall prepare and forward a recommendation of proposed action for all applications to the city council. The planning commission shall take one of the following actions: i. If the planning commission determines that the proposal should be adopted, it may by a majority vote, recommend that the city council adopt the proposal. The planning commission may make modifications to any proposal prior to recommending the proposal to city council for adoption. If the modification is substantial, the planning commission must conduct a public hearing on the modified proposal ii. If the planning commission determines that the proposal should not be adopted, it may, by a majority vote, recommend that the city council not adopt the proposal. iii. If the planning commission is unable to take either of the actions specified in subsections (i) or (ii) above, the proposal will be sent to city council with the notation that the planning commission makes no recommendation. 12 Page 12 of 34, P:\Community Development\Planning Commission\2006 Meetings - Planning Commission\07-27-06 PC Meeting\Title 17 UDC General Provisions PC Draft.doc Planning Commission UDC Draft- Last updated July 18, 2006 8. Approval Criteria a. The City may approve comprehensive plan amendments and area-wide zone map amendments if it finds that: i. The proposed amendment bears a substantial relationship to the public health, safety, welfare, and protection of the environment; and ii. The proposed amendment is consistent with the requirements of Chapter 36.70A RCW and with the portion of the city's adopted plan not affected by the amendment;- iii. The proposed amendment responds to a substantial change in conditions beyond the property owner's control applicable to the area within which the subject property lies; iv. The proposed amendment corrects an obvious mapping error; and v. The proposed amendment addresses an identified deficiency in the Comprehensive Plan. b. The City must also consider the following factors prior to approving comprehensive plan amendments: i. The effect upon the physical environment; ii. The effect on open space, streams, rivers, and lakes; iii. The compatibility with and impact on adjacent land uses and surrounding neighborhoods; iv. The adequacy of and impact on community facilities including utilities, roads, public transportation, parks, recreation and schools; v. The benefit to the neighborhood, city and region; vi. The quantity and location of land planned for the proposed land use type and density and the demand for such land; vii. The current and project population density in the area; and viii. The effect upon other aspects of the comprehensive plan. 9. City Council Action. Within sixty (60) days of receipt of the planning commission's findings and recommendations, the city council shall consider the findings and recommendations of the commission concerning the application and may hold a public hearing pursuant to council rules. The department shall distribute notice of the council's public hearing pursuant to SVMC 17.40.120(2). All annual amendments to the comprehensive plan shall be considered concurrently. By a majority vote of its membership, the city council shall: a. Approve the application; b. Disapprove the application; c. Modify the application. If the modification is substantial, the council must either conduct a public hearing on the modified proposal; or d. Refer the proposal back to the planning commission for further consideration. 10. Transmittal to the State of Washington. At least sixty (60) days prior to final action being taken by the city council, the Washington State Department of Community, Trade and 13 Page 13 of 34, P:\Community Development\Planning Commission\2006 Meetings - Planning Commission\07-27-06 PC Meeting\Title 17 UDC General Provisions PC Draft.doc Planning Commission UDC Draft- Last updated July 18, 2006 Economic Development (CTED) shall be provided with a copy of the amendments in order to initiate the 60 (sixty) day comment period. No later than ten (10) days after adoption of the proposal, a copy of the final decision shall be forwarded to CTED. 17.40.150 Type IV Applications —Text Amendments to the Uniform Development Code 1. Initiation. Text amendments to this codemay be initiated by any of the following: a. Property owner(s) or their representatives; b. Any citizen, agency, neighborhood association or other party; or c. The department, planning commission or city council. 2. Applications. Applications shall be made on forms provided by the City. 3. Application Submittal: a. After submittal of an applicant initiated application, the application shall be subject to a pre-application conference, counter-complete, and fully-complete determination pursuant to SVMC 17.40.080, 090, and 100. b. After submittal, the application shall be placed on the next available planning commission agenda. 4. Notice of Public Hearing. Amendments to this code require a public hearing before the planning commission. a. Contents of Notice. A notice of public hearing shall including the following: i. The citation, if any, of the provision that would be changed by the proposal along with a brief description of that provision; ii. A statement of how the proposal would change the affected provision; iii. The date, time, and place of the public hearing; iv. A statement of the availability of the official file; and v. A statement of the right of any person to submit written comments to the planning commission and to appear at the public hearing of the planning commission to give oral comments on the proposal. b. Distribution of Notice. The department shall distribute the notice pursuant to SVMC 17.40.120(2). 5. Planning Commission Recommendation. a. Procedure. Following the public hearing, the planning commission shall consider the proposal and shall prepare and forward a recommendation to the city council. The planning commission shall take one of the following actions: i. If the planning commission determines that the proposal should be adopted, it may by a majority vote, recommend that the city council adopt the proposal. The planning commission may make modifications to any proposal prior to recommending the proposal to city council for adoption. If the modification is substantial, the planning commission must conduct a public hearing on the modified proposal 14 Page 14 of 34, P:\Community Development\Planning Commission\2006 Meetings - Planning Commission\07-27-06 PC Meeting\Title 17 UDC General Provisions PC Draft.doc Planning Commission UDC Draft- Last updated July 18, 2006 ii. If the planning commission determines that the proposal should not be adopted, it may, by a majority vote, recommend that the city council not adopt the proposal. iii. If the planning commission is unable to take either of the actions specified in subsections (i) or (ii) above, the proposal will be sent to city council with the notation that the planning commission makes no recommendation. 6. Approval Criteria. The City may approve amendments to this code if it finds that: a. The proposed amendment is consistent with the applicable provisions of the comprehensive plan; and b. The proposed amendment bears a substantial relation to public health, safety, welfare, and protection of the environment. 7. City Council Action. Within sixty (60) days of receipt of the planning commission's findings and recommendations, the city council shall consider the findings and recommendations of the commission concerning the application and may hold a public hearing pursuant to council rules. The department shall distribute notice of the council's public hearing pursuant to SVMC 17.40.120(2). By a majority vote, the city council shall: a. Approve the application; b. Disapprove the application; c. Modify the application. If modification is substantial, the Council must either conduct a public hearing on the modified proposal; or; d. Refer the proposal back to the planning commission for further consideration. 8. Transmittal to the State of Washington. At least sixty (60) days prior to final action being taken by the city council, the Washington State Department of Community, Trade and Economic Development (CTED) shall be provided with a copy of the amendments in order to initiate the 60 (sixty) day comment period. No later than ten (10) days after adoption of the proposal, a copy of the final decision shall be forwarded to CTED. 17.40.160 Optional Consolidated Review Process Optional Consolidated Review Process This optional process provides for the consideration of all discretionary land use, engineering and environmental permits issued by the City if requested in writing from the applicant. Permit decisions of other agencies are not included in this process; but public meetings and hearings for other agencies may be coordinated with those of the City. Where multiple approvals are required for a single project, the optional consolidated review process is composed of the following: 1. Pre-application Meeting. A single pre-application meeting will be conducted for all applications submitted under the optional consolidated review process. 2. Determination of Completeness. When a consolidated application is deemed complete a consolidated determination of completeness will be made pursuant to SVMC 17.40.100. 3. Notice of Application. When a consolidated application is deemed complete, a consolidated notice of application will be issued pursuant to the provisions of SVMC 17.40.110. 15 Page 15 of 34, P:\Community Development\Planning Commission\2006 Meetings - Planning Commission\07-27-06 PC Meeting\Title 17 UDC General Provisions PC Draft.doc Planning Commission UDC Draft- Last updated July 18, 2006 4. Comment Period. The consolidated application shall provide for one comment period for all permits included in the consolidated application. 5. The City will issue a decision(s) for Type I or Type II permits prior to scheduling a public hearing for any companion Type III permit. Appeals of administrative permits that are part of a consolidated application will be heard in a single, consolidated open-record appeal hearing before the hearing examiner on the same agenda as the companion Type Ill application. 6. Notice of Public Hearing. A single notice of public hearing will be provided for consolidated permit applications. The notice will include the Type III permit to be heard and any open record appeals of administrative portions of the consolidated application. 7. Notice of Decision. The Hearing Examiner shall issue a single notice of decision regarding all Type I and Type II appeals and all Type Ill project permit applications subject to a public hearing. 17.50 Appeals 17.50.010 General 1. Appeals and Jurisdiction. All final decisions shall be appealed to the authority set forth in Table 17.50-1 below. Specific procedures followed by the planning commission, hearing examiner, and city council are set forth in Appendix B. Table 17.50-1 Decision/Appeal Authority Land Use and Development Appeal Authority Decisions Type I and IC decisions Hearing examiner(SVMC 17.50.030);further appeal to Superior Court(RCW 36.70C) Building Permits Hearing examiner(SVMC 17.50.030);further appeal to Superior Court(RCW 36.70C) Type Ill decisions except zoning Superior Court(RCW 36.70C) map amendments Type III zoning map amendments City council(SVMC 17.50.060);further appeal to Superior Court(RCW 36.70C) Type IV decisions Superior Court Matters subject to review pursuant Growth management hearing board to RCW 36.70A.020 Shoreline development permits Shoreline Hearings Board (RCW 90.58.180) Compliance and enforcement Appeal Authority: decisions (SVMC 17.60): Notice and order of violation Hearing examiner(SVMC 17.50.030);further appeal to Superior Court 17.50.020 Effective Date of Final Decisions 1. Type I final decisions and building permits become effective on the day after the appeal period expires unless an appeal is filed, in which case the procedures of SVMC 17.50 shall apply. The applicant and owner have the right to waive their appeal rights, and in such cases where a waiver is submitted in writing to the department, the Type I decision is considered final on the day it is signed by the director or designee or on the day the 16 Page 16 of 34, P:\Community Development\Planning Commission\2006 Meetings - Planning Commission\07-27-06 PC Meeting\Title 17 UDC General Provisions PC Draft.doc Planning Commission UDC Draft- Last updated July 18, 2006 waiver is approved, whichever is later, unless a party other than the applicant owner has standing to appeal. 2. Type II, Ill, and IV final decisions become effective on the day after the appeal period expires, unless an appeal is filed, in which case the procedures of SVMC 17.50 shall apply. 17.50.030 Standing 1. Type I decision. The applicant and property owner or adjacent property owners whose interests are a required part of the application approval have standing to appeal a Type I decision. 2. Type II decision. The following parties have standing to appeal a Type II decision: a. The applicant or owner of the subject property; b. Any party for whom written notice is required; c. Any other party who participates in the decision process through the submission of written testimony. 3. Type III decision. The following parties have standing to appeal a Type III decision: a. The applicant and the owner of the property to whom the decision is directed b. Any other person aggrieved or adversely affected by the decision, or who would be aggrieved or adversely affected by a reversal or modification of the decision. A person is aggrieved or adversely affected within the meaning of these rules only when all of the following conditions are present: i. The decision has prejudiced or is likely to prejudice that person; ii. That person's asserted interests are among those that the hearing examiner was required to consider when the decision was made; iii. A reversal or modification of the decision in favor of that person would substantially eliminate or redress the prejudice to that person caused or likely to be caused by the decision; and iv. The appellant has exhausted his or her administrative remedies by being a party of record to the decision below. A "party of record" means a person who appeared at the public hearing held by the examiner, or who submitted substantive written comments in the matter before or at the hearing held by the examiner. c. The director. 4. Type IV Decisions. Type IV decisions are legislative decisions and may be appealed to the Growth Management Hearings Board or a court of competent jurisdiction as allowed by law. 5. Compliance and enforcement decisions. The following parties have standing to appeal a compliance and enforcement decision: a. The party or owner of property subject to an appeal. b. The complainant if a written request is made to be notified of the City's response to the complaint filed by the complainant. 17 Page 17 of 34, P:\Community Development\Planning Commission\2006 Meetings - Planning Commission\07-27-06 PC Meeting\Title 17 UDC General Provisions PC Draft.doc Planning Commission UDC Draft- Last updated July 18, 2006 17.50.040 Appeal to Hearing Examiner 1. Appeal to Hearing Examiner. Any appeal to the hearing examiner must be received no later than 14 calendar days after written notice of the decision is mailed. Receipt of a complete appeal submittal shall stay the original decision until a final decision on the appeal has been reached. The appeal shall include: a. The case number designated by the city and the name of the applicant; b. The name and signature of each petitioner or their authorized representative and a statement showing that each petitioner has standing to file the appeal under this chapter. If multiple parties file a single petition for review, the petition shall designate one party as the contact representative; c. The specific decision and specific portions of the decision or determination being appealed, and the specific reasons why each aspect is in error as a matter of fact or law; d. Evidence that the specific issues raised on appeal were raised during the period in which the record was open; and e. The appeal fee as identified in SVMC 17.70. The fee may be refunded either wholly or partially only if the appellant requests withdrawal of the appeal in writing at least 14 calendar days before the scheduled appeal hearing date. 17.50.050 Appeal Review Process for Hearing Examiner 1. Appeal Review Process. a. All complete appeals submitted and allowed pursuant to these rules shall be scheduled for review at a public hearing before the hearing examiner within 90 calendar days from the date of submission. Further extensions are permitted upon mutual agreement of the appellant, the applicant, and the department. b. Notice of the appeal hearing shall be mailed to all parties of record. 17.50.060 Procedures for Appeals to the Hearing Examiner 1. Hearing Procedures. All appeals to the hearing examiner shall be conducted in the manner set forth in Appendix B. 2. Scheduling of Hearings. a. The hearing examiner in coordination with the department shall prepare an official agenda indicating the dates and times that matters will be heard. The official agenda shall comply with all time limits set forth in SVMC 36.70B.110. b. When practical, minor applications such as variances or conditional use permit applications shall be scheduled at the beginning of the day's agenda. c. The hearing examiner may consolidate applications involving the same or related properties for hearing. 3. Notice of Hearing-Effect of Notice. a. Each public notice required for the hearing of an application shall conform to applicable statutory and ordinance requirements. The notice should contain a statement that the hearing will be conducted in the manner set forth in Appendix B. 18 Page 18 of 34, P:\Community Development\Planning Commission\2006 Meetings - Planning Commission\07-27-06 PC Meeting\Title 17 UDC General Provisions PC Draft.doc Planning Commission UDC Draft- Last updated July 18, 2006 b. Failure of a person entitled to notice to receive notice does not affect the jurisdiction of the hearing examiner to hear the application when scheduled and render a decision, if the notice was properly mailed and posted. c. A person is deemed to have received notice if the person appears at the hearing or submits written information regarding the merits of the application, even if notice was not properly mailed or posted. d. If required notice is not given and actual notice is not received, the hearing examiner may reschedule the hearing or keep the record open on the matter to receive additional evidence. 3. Staff Reports on Applications. a. The department shall coordinate and assemble the comments and recommendations of other City departments and commenting agencies, and shall make a written staff report to the hearing examiner on all applications. b. At least seven calendar days prior to the date of the scheduled public hearing, the staff report shall be filed with the office of hearing examiner and mailed by first class mail or provided to the applicant. At such time, the department shall also make the report available for public inspection. Upon request, the department shall provide or mail a copy of the report to any requesting person for the cost of reproduction and mailing. c. If the staff report is not timely filed or furnished, the hearing examiner may at his\her discretion continue the hearing, considering the prejudice to any party and the circumstances of the case. d. The hearing examiner may make recommendations to the department on the format and content of staff reports submitted to the hearing examiner. 4. Site Inspections. a. The hearing examiner may make site inspections, which may occur at any time after the staff report on an application has been filed with the hearing examiner and before the examiner renders a final decision. The hearing examiner need not give notice of the intention to make an inspection. b. The inspection and the information obtained from it shall not be construed as new evidence or evidence outside the record. If an inspection reveals new and unanticipated information, the hearing examiner may upon notice to all parties of record request written response to such information or reopen the hearing to consider the information. 17.50.070 Appeal to the City Council All appeals to the city council shall be closed record appeals and shall follow the procedures and conduct as set forth below: 1. Appeals of the hearing examiner's decision to the city council must be: a. Filed with the city clerk within fourteen (14) calendar days from the date the final decision of the examiner was mailed; b. Accompanied by the appeal fee identified by SVMC 17.70; c. Accompanied by the separate transcript/record deposit fee identified by SVMC 17.70; and 19 Page 19 of 34, P:\Community Development\Planning Commission\2006 Meetings - Planning Commission\07-27-06 PC Meeting\Title 17 UDC General Provisions PC Draft.doc Planning Commission UDC Draft- Last updated July 18, 2006 d. Submitted on a form obtained from the city clerk. 2. The appeal form submitted by the appellant shall contain the following information: a. The file number and a copy of the decision; b. The name and mailing address of the appellant, the name and mailing address of the appellant's attorney, if any, and the name of the applicant if different than the appellant; c. Facts demonstrating that the appellant has standing to appeal; d. A separate and concise statement of each error alleged to have been committed; e. A separate and concise statement of facts upon which the appellant relies to sustain the statement of error; and f. A request for relief, specifying the type and extent of relief requested. 3. Upon receipt of the written appeal form and payment of the appeal fee, the city clerk shall forward a copy of the appeal and the transcript/record deposit fee to the hearing examiner. 4. The appeal shall be dismissed by the city council if: a. It is filed by a person without standing to appeal; b. The city council does not have jurisdiction to hear the appeal; c. It is not timely filed; d. The appeal fee or the transcript/record deposit fee was not timely paid; e. The appellant failed to timely pay the costs incurred by the examiner in preparing the verbatim transcript and certified record, after being billed for such costs; or f. It is not filed in accordance with the procedures set forth in these rules. All motions to dismiss a defective appeal shall be filed within fifteen (15) calendar days from the filing date of the appeal, except for a dismissal under item (4)(e), above. The city council may dismiss an appeal under item (4)(e), above, upon receiving written notification from the examiner that the appellant failed to timely pay the costs incurred by the examiner for the appeal after being billed for such costs. 5. The hearing examiner shall have thirty (30) calendar days from the filing date of the appeal to prepare a verbatim transcript of the hearing before the examiner and a certified copy of the documents in the record, and to bill the appellant for the costs incurred. The city council may authorize a longer time, at the examiner's request, for unusually large records or transcripts. a. If the hearing examiner, the appellant and the applicant (if different than the appellant), agree, or upon order of the city council, the verbatim transcript and/or record may be shortened or summarized to avoid reproduction or transcription of portions of the record that are duplicative or irrelevant to the issues raised by the appeal. b. Upon completion of the transcript and record, the examiner shall bill the appellant for all costs incurred by the examiner in preparing the verbatim transcript and certified record. The appellant shall pay the balance above and beyond the deposit fee within seven (7) calendar days from the date the bill was mailed or provided to the appellant. 20 Page 20 of 34, P:\Community Development\Planning Commission\2006 Meetings - Planning Commission\07-27-06 PC Meeting\Title 17 UDC General Provisions PC Draft.doc Planning Commission UDC Draft- Last updated July 18, 2006 c. Upon the appellant's payment of the bill for the cost of the transcript and record, the examiner shall by the next business day deliver a copy of the appeal, verbatim transcript and certified record to the city clerk. The examiner shall also provide to the clerk a list of the names and mailing addresses of the applicant and the parties of record to the hearing before the examiner. d. The city clerk will furnish copies of the transcript and record to the applicant, if different than the appellant, all members of the city council, and the city attorney. The hearing examiner, upon request, will furnish copies of the transcript and record to the appellant, the applicant (if the same as the appellant) and other entities that may request one at the cost of reproduction. e. If the council dismisses the appeal on procedural grounds, the appellant shall reimburse the examiner for the balance of the costs incurred by the examiner in preparing the transcript and record as of the date of the dismissal, if any. 17.50.080 Appeal Review Process for City Council 1. The city council, at its next regular meeting following receipt of the transcript and record from the examiner, will schedule a closed record hearing on the appeal. a. The council shall schedule the appeal hearing no sooner than thirty (30) calendar days from the date the transcript and record were received from the hearing examiner. The city council may approve a later hearing date upon agreement of the applicant. b. The appellant, or a party of record in opposition to the appeal, may provide input as to the hearing date only in person at the meeting, or by submitting a letter to the city clerk prior to the meeting. c. The city clerk shall mail notice of the time, place and date of the hearing to the appellant, the applicant (if different than the appellant), and all parties of record to the hearing before the examiner within five (5) calendar days from the date the appeal hearing was scheduled. d. Closed record appeals before the city council shall be concluded within sixty (60) days from the date the transcript and record are received by the city clerk, unless the applicant agrees in writing to a longer period. 17.50.090 Procedures for appeals to the city council All appeals to the city council shall be conducted in the manner set in Appendix B. 17.60 Compliance and Enforcement 17.60.010 Purpose and Scope This chapter sets forth the enforcement procedures for violations of the following: 1. Nuisances (SVMC 7.05) 2. Violations of any provisions of the Uniform Development Code (SVMC Titles 17-25) 17.60.030 Relationship to Growth Management Act This article is adopted as development regulations pursuant to Chapter 36.70A RCW(Growth Management Act). 21 Page 21 of 34, P:\Community Development\Planning Commission\2006 Meetings - Planning Commission\07-27-06 PC Meeting\Title 17 UDC General Provisions PC Draft.doc Planning Commission UDC Draft- Last updated July 18, 2006 17.60.040 Enforcement, authority and administration 1. In order to discourage public nuisances and otherwise promote compliance with applicable code provisions, the City may, in response to field observations or reliable complaints, determine that violations of this title have occurred or are occurring, and may: a. Enter into voluntary compliance agreements with persons responsible for code violations; b. Issue notice and orders, assess civil penalties and recover costs as authorized by this article; c. 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; d. Allow a person responsible for the code violation to perform community service in lieu of paying civil penalties as authorized by this article; e. 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; f. Suspend, revoke or modify any permit previously issued by the City or deny a permit application as authorized by this article when other efforts to achieve compliance have failed; and g. 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. 2. 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. 3. 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. 4. In addition to, or as an alternative to, utilizing the procedures set forth in this article, the City 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. 5. 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. 6. In administering the provisions for code compliance, the City 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. 22 Page 22 of 34, P:\Community Development\Planning Commission\2006 Meetings - Planning Commission\07-27-06 PC Meeting\Title 17 UDC General Provisions PC Draft.doc Planning Commission UDC Draft- Last updated July 18, 2006 7. The City 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 court order, enter at reasonable times any building or premises subject to the consent or court 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. 8. The City may request that the police, appropriate fire district, Spokane Regional Health District or other appropriate City department or other non-city agency assist in enforcement. 17.60.050 Guidelines for departmental responses to complaints 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. 17.60.060 Procedures when probable violation is identified 1. The City 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 City has reasonable cause to determine that a violation has occurred, the violation shall be document and the person responsible for the code violations promptly notified. 2. Except as provided in subsection 4 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 City 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 re-inspected within 14 days. 3. 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, 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. 4. Notice and orders should be issued in all cases in which a voluntary compliance agreement has not been entered. 5. The City shall use all reasonable means to determine and proceed against the person(s) actually responsible for the code violation occurring when the property owner has not directly or indirectly caused the violation. 6. If the violation is not corrected, or a voluntary compliance agreement is not entered into within 15 days of notification by the City, a notice and order or stop work order should be issued. Stop work orders should be issued promptly upon discovery of a violation in progress. 23 Page 23 of 34, P:\Community Development\Planning Commission\2006 Meetings - Planning Commission\07-27-06 PC Meeting\Title 17 UDC General Provisions PC Draft.doc Planning Commission UDC Draft- Last updated July 18, 2006 7. 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 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. 17.60.070 Service— Notice and order and stop work order 1. Service of a notice and order shall be made on a person responsible for code violation by one or more of the following methods: a. Personal service of a 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 and order at the person's house of usual abode with a person of suitable age and discretion who resides there; b. Service directed to the landowner and/or occupant of the property may be made by posting the 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; c. Service by mail may be made for 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 and order was placed in the mail. 2. 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 an appropriate regional or neighborhood newspaper or trade journal. Service by publication shall conform to the requirements of Civil Rule 4 of the Rules for Superior Court. 3. 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. 4. 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. 17.60.80 Training and rulemaking 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. 17.60.090 Obligations of persons responsible for code violation 1. 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 24 Page 24 of 34, P:\Community Development\Planning Commission\2006 Meetings - Planning Commission\07-27-06 PC Meeting\Title 17 UDC General Provisions PC Draft.doc Planning Commission UDC Draft- Last updated July 18, 2006 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. 2. Persons determined to be responsible for a code violation pursuant to a 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, shall be assessed by the City. No civil penalties shall be assessed against such an owner or his or her property interest. 17.60.100 Determination of compliance After issuance of a warning, voluntary compliance agreement, 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, notice and order, or stop work order, as well as the complainant, by certified mail, five-day return receipt requested. 17.60.110 Voluntary compliance agreement—Authority 1. 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. 2. A voluntary compliance agreement may be entered into at any time after issuance of a verbal or written warning, a notice and order or a stop work order and before an appeal is decided. 3. 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. 4. The voluntary compliance agreement shall incorporate the shortest reasonable time period for compliance, as determined by the City. An extension of the time limit for compliance or a modification of the required corrective action may be granted by the City 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 City and person(s) who signed the original voluntary compliance agreement. 5. The voluntary compliance agreement is not a settlement agreement. 17.60.120 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 25 Page 25 of 34, P:\Community Development\Planning Commission\2006 Meetings - Planning Commission\07-27-06 PC Meeting\Title 17 UDC General Provisions PC Draft.doc Planning Commission UDC Draft- Last updated July 18, 2006 the site, and/or mitigate the impacts of the violation. The voluntary compliance agreement shall include the following: 1. The name and address of the person responsible for the code violation; 2. The address or other identification of the location of the violation; 3. A description of the violation and a reference to the provision(s) of the ordinance, resolution or regulation which has been violated; 4. A description of the necessary corrective action to be taken and identification of the date or time by which compliance must be completed; 5. The amount of the civil penalty that will be imposed if the voluntary compliance agreement is not satisfied; 6. 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 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; 7. 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; 8. 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 9. An acknowledgement that the person responsible for the code violation understands that he or she has the right to be served with a 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 and order or stop work order, and that he or she is knowingly and intelligently waiving those rights. 17.60.130 Failure to meet terms of voluntary compliance agreement 1. 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 and order 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 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 and order or stop work order. 2. The City may issue a notice and order or stop work order for failure to meet the terms of a voluntary compliance agreement. 26 Page 26 of 34, P:\Community Development\Planning Commission\2006 Meetings - Planning Commission\07-27-06 PC Meeting\Title 17 UDC General Provisions PC Draft.doc Planning Commission UDC Draft- Last updated July 18, 2006 17.60.140 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 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 30 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. 17.60.150 Notice and order— Effect 1. 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. 2. The City is authorized to impose civil penalties upon a determination by the City that a violation has occurred pursuant to a notice and order. 3. Issuance of a notice and order in no way limits the City's authority to issue a stop work order to a person previously cited through the notice and order process pursuant to this article. 17.60.160. Notice and order—Contents The notice and order shall contain the following information: 1. The address, when available, or location of the violation; 2. 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; 3. 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; 4. 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; 5. 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; 6. 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; 7. 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; 8. 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; 27 Page 27 of 34, P:\Community Development\Planning Commission\2006 Meetings - Planning Commission\07-27-06 PC Meeting\Title 17 UDC General Provisions PC Draft.doc Planning Commission UDC Draft- Last updated July 18, 2006 9. 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; 10. 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; 11. 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; 12. 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; 13. A statement advising that a failure to appeal the notice and order within the applicable time limits renders the notice 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 person responsible for a violation; 14. 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 15. A statement advising that a willful and knowing violation may be referred to the office of the city attorney for prosecution. 17.60.170 Notice and order—Supplementation, revocation, modification 1. The City 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. 2. The City may issue a supplemental notice and order, or revoke a notice and order issued under this article: a. If the original notice and order was issued in error; b. Whenever there is new information or change of circumstances; or c. If a party to an order was incorrectly named. 17.60.180 Notice and order—Administrative conference An informal administrative conference may be conducted by the City 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. 17.60.190 Notice and order— Remedies—Suspension, revocation or limitation of permit 1. The City may suspend, revoke or modify any permit issued by the City whenever: a. The permit holder has committed a violation in the course of performing activities subject to that permit; 28 Page 28 of 34, P:\Community Development\Planning Commission\2006 Meetings - Planning Commission\07-27-06 PC Meeting\Title 17 UDC General Provisions PC Draft.doc Planning Commission UDC Draft- Last updated July 18, 2006 b. The permit holder has interfered with the authorized representatives of the City in the performance of his or her duties related to that permit; 2. The permit was issued in error or on the basis of materially incorrect information supplied to the City; 3. Permit fees or costs were paid to the City by check and returned from a financial institution marked nonsufficient funds (NSF) or canceled; or 4. 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. a. 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. 5. Notwithstanding any other provision of this article, the City may immediately suspend operations under any permit by issuing a stop work order. 17.60.200 Notice and order— Remedies — Denial of permit 1. The City may deny a permit when, with regard to the site or project for which the permit is submitted: a. 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 b. 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. 2. 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 City 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. 17.60.210 Notice and order— Remedies—Abatement In addition to, or as an alternative to, any other judicial or administrative remedy, the City 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 City 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. 17.60.220 Stop work order—Authority The City is authorized to issue a stop work order to a person responsible for a code violation. Issuance of a notice and order is not a condition precedent to the issuance of the stop work order. 29 Page 29 of 34, P:\Community Development\Planning Commission\2006 Meetings - Planning Commission\07-27-06 PC Meeting\Title 17 UDC General Provisions PC Draft.doc Planning Commission UDC Draft- Last updated July 18, 2006 17.60.230 Stop work order— Effect 1. 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. 2. 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. 3. A stop work order may be appealed according to the procedures prescribed in this article. 4. 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. 5. A stop work order may be enforced by the City police. 17.60.240 Stop work order— Remedy — Civil penalties 1. 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 17.60.260. 2. 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. 3. Violation of a stop work order shall be a separate violation from any other code violation. 17.60.250 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. 17.60.260 Civil penalties —Assessment schedule 1. 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: a. Notice and orders and stop work orders: b. Basic initial penalty: $500.00 2. Additional initial penalties may be added where there is: a. Public health risk— amount depends on severity: $0—2,500 b. Environmental damage — amount depends on severity: $0 —2,500 c. Damage to property —amount depends on severity: $0— 2,500 d. History of similar violations (less than three): $500 e. History of similar violations (three or more): $2,500 f. Economic benefit to person responsible for violation: $5,000 3. The above penalties may be offset by the following compliance: 30 Page 30 of 34, P:\Community Development\Planning Commission\2006 Meetings - Planning Commission\07-27-06 PC Meeting\Title 17 UDC General Provisions PC Draft.doc Planning Commission UDC Draft- Last updated July 18, 2006 a. Full compliance with a voluntary compliance agreement with prior history of zero to one similar violations: $0— 1,500.00 b. Full compliance with a voluntary compliance agreement and a history of two or more prior similar violations: $0 —500.00 4. 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. 5. Civil penalties shall be paid within 20 days of service of the 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. 6. 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, 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 gave rise to the voluntary compliance agreement. 7. Civil penalties assessed create a joint and several personal obligation in all persons responsible for a code violation. 8. 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 and order or stop work order (excluding any appeal) and any civil penalties remain unpaid in whole or in part. 17.60.270 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. 17.60.280 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 and order, or for failure to comply with the terms of a voluntary compliance agreement, to voluntarily participate in an approved community service project(s) 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. 31 Page 31 of 34, P:\Community Development\Planning Commission\2006 Meetings - Planning Commission\07-27-06 PC Meeting\Title 17 UDC General Provisions PC Draft.doc Planning Commission UDC Draft- Last updated July 18, 2006 17.60.290 Civil penalties—Waivers 1. Civil penalties may be waived or reimbursed to the payor by the City under the following circumstances: a. The notice and order or stop work order was issued in error; b. The civil penalties were assessed in error; c. Notice failed to reach the property owner due to unusual circumstances; or d. New, material information warranting waiver has been presented to the City since the notice and order or stop work order was issued. 2. The City shall state in writing the basis for a decision to waive penalties, and such statement shall become part of the public record unless privileged. 17.60.300 Civil penalties —Critical areas 1. 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. 2. 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. 3. 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. 4. Violation of critical area provisions of this code means: a. The violation of any provision of SVMC 21.40 Critical Areas, or of the administrative rules promulgated there under; b. The failure to obtain a permit required for work in a critical area; or c. 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. 5. Any person in violation of SVMC 21.40 Critical Areas, may be subject to civil penalties, costs and fees as follows: a. According to the civil penalty schedule under SVMC 17.60.260; 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 b. The greater of: 32 Page 32 of 34, P:\Community Development\Planning Commission\2006 Meetings - Planning Commission\07-27-06 PC Meeting\Title 17 UDC General Provisions PC Draft.doc Planning Commission UDC Draft- Last updated July 18, 2006 i. 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: (a) The resulting increase in market value of the property; (b) The value received by the person responsible for a violation; (c) The savings of construction costs realized by the person responsible for a code violation as a result of performing any act in violation of SVMC 21.40 Critical Areas; or ii. Code compliance costs incurred by the City to enforce SVMC 21.40 Critical Areas. 17.60.310 Cost recovery 1. 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: a. 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 b. 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 c. 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 d. 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. 2. Such costs are due and payable 30 days from mailing of the invoice. 3. 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. 4. 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 any lien provisions authorized by state law. 5. 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 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 33 Page 33 of 34, P:\Community Development\Planning Commission\2006 Meetings - Planning Commission\07-27-06 PC Meeting\Title 17 UDC General Provisions PC Draft.doc Planning Commission UDC Draft- Last updated July 18, 2006 due or the date the work is completed or the nuisance abated. The claim of lien shall contain sufficient information regarding the notice and 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. 17.60.320 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. 17.60.330. Abatement 1. 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. 2. 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. 3. The City shall seek to recover the costs of abatement as authorized by this chapter. 17.60.340 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. 17.60.350 Judicial enforcement— Petition for enforcement 1. 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. 2. The petition must name as respondent each person against whom the City seeks to obtain civil enforcement. 3. 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. 17.70 Fees and Penalties 17.70.010 Master Fee Schedule All fees and penalties for development permits, formal interpretations, violations of provisions of this development code or allowed appeals shall be set forth in the City of Spokane Valley Master Fee Schedule. A copy of this schedule shall be available at the community development department. 34 Page 34 of 34, P:\Community Development\Planning Commission\2006 Meetings - Planning Commission\07-27-06 PC Meeting\Title 17 UDC General Provisions PC Draft.doc Planning Commission UDC Draft- Last updated July 18, 2006 18.10 Planning Commission 18.10.010 Establishment and purpose There is created the City of Spokane Valley planning commission (hereafter referred to as the "planning commission"). The purpose of the planning commission is to study and make recommendations to the mayor and city council for future planned growth through continued review of the City's comprehensive land use plan, development regulations, shoreline management, environmental protection, public facilities, capital improvements and other matters as directed by the city council. 18.10.020 Membership 1. Qualifications. The membership of the planning commission shall consist of individuals who have an interest in planning, land use, transportation, capital infrastructure and building and landscape design as evidenced by training, experience or interest in the City. 2. Appointment. Members of the planning commission shall be nominated by the mayor and confirmed by a majority vote of at least four members of the city council. Planning commissioners shall be selected without respect to political affiliations and shall serve without compensation. The mayor, when considering appointments, shall attempt to select residents who represent various interests and locations within the City. 3. Number of Members/Terms. The planning commission shall consist of seven members. All members shall reside within the City. Terms shall be for a three- year period, and shall expire on the thirty-first day of December. 4. Removal. Members of the commission may be removed by the mayor, with the concurrence of the city council, for neglect of duty, conflict of interest, malfeasance in office, or other just cause, or for unexcused absence from three consecutive regular meetings. Failure to qualify as to residency shall constitute a forfeiture of office. The decision of the city council regarding membership on the planning commission shall be final and without appeal. 5. Vacancies. Vacancies occurring other than through the expiration of terms shall be filled for the unexpired term in the same manner as for appointments. 6. Conflicts of Interest. Members of the planning commission shall fully comply with Chapter 42.23 RCW, Code of Ethics for Municipal Officers; Chapter 42.36 RCW, Appearance of Fairness; and such other rules and regulations as may be adopted from time to time by the city council regulating the conduct of any person holding appointive office within the City. No elected official or City employee may be a member of the planning commission. 18.10.030 Meetings — Rules 1. The planning commission shall every year organize and elect from its members a chair, who shall preside at all meetings of the commission and perform such other functions as determined by rule. A vice chair shall be elected to preside in the absence of the chair. A majority of the commission members shall constitute a quorum for the transaction of business, and a majority vote of those present shall be necessary to carry any proposition. 1 Page 1 of 4, P:\Community Development\Planning Commission\2006 Meetings - Planning Commission\07-27-06 PC Meeting\Title 18 UDC Boards and Authorities PC Draft.doc Planning Commission UDC Draft- Last updated July 18, 2006 2. The commission shall determine a regular meeting schedule (time, place and frequency) and shall meet at least one time every month. All meetings shall be open to the public. 3. The commission shall adopt such rules and procedures as are necessary for the conduct of business and shall keep a taped record of its proceedings. 4. All hearings before the planning commission shall be conducted in the manner set forth in Appendix B. 18.10.040 Staff support Administrative staff support to the planning commission shall be provided by the City's community development department (hereafter referred to as the "department"). In addition, the commission, through its chair, may request formal opinions or memorandums from the city attorney or community development director (hereafter referred to as the "director") on any pending matter. 18.10.050 Duties and responsibilities The planning commission, as an advisory body to the city council, shall perform and have the following duties and responsibilities: 1. Assist in the preparation of a comprehensive plan and development regulations in compliance with Chapters 36.07A and 35A.63 RCW, including the establishment of procedures for early and continuous public participation in the development and amendment of the comprehensive plan and the development regulations; 2. Review plans and regulations related to land use management, shoreline management, environmental policy, transportation systems, public facilities and capital infrastructure planning and development; 3. Upon request from the city manager or city council, review potential annexations to the City; 4. Where design review is required by land use ordinances of the City, perform such design review unless that review is delegated to some other appointed body or City staff; 5. Identify issues and recommend priorities for geographic sub-areas including park and open space areas in the City; 6. Meet and confer with the hearing examiner to review the administration of land use policies and ordinances to enhance the planning and permitting process; 7. Make periodic written and oral reports to the city council addressing work in progress and other significant matters relating to the City; 8. Hold public hearings in the exercise of duties and responsibilities; 9. Perform such other duties and powers as may be conferred by ordinance, resolution or motion of the city council. Unless otherwise assumed by the city council, the planning commission shall hold all public hearings required to be held in the course of adoption or amendment to the comprehensive plan, the development regulations, adoption or amendment of the zoning 2 Page 2 of 4, P:\Community Development\Planning Commission\2006 Meetings - Planning Commission\07-27-06 PC Meeting\Title 18 UDC Boards and Authorities PC Draft.doc Planning Commission UDC Draft- Last updated July 18, 2006 map, or adoption or amendment of regulations for the subdivision of land, shoreline management, environmental regulations, and other land use ordinances of the City. 18.20 Hearing examiner 18.20.010 Authority The hearing examiner system is established in accordance with the provisions of RCW 35A.63.170, 36.706.120(3) and chapter 58.17 et seq, and SVMC 2.56. 18.20.020 Powers and Duties The hearing examiner shall have the following powers and duties: 1. The examiner will receive and examine available information, make site visits, take official notice of matters, conduct public hearings, prepare a record thereof, and enter findings, decision or recommendations as provided in this section. a. The hearing examiner shall hear the following matters: i. Applications for variances; ii. Conditional use permits; iii. Special use permits; iv. Shoreline Permits, when a public hearing is required; v. Preliminary plats; vi. Appeals from any administrative decision of the department of community development or the building official in the administration or enforcement of the Spokane Valley Uniform Development Code or other land use code or regulation; vii. Appeals on State Environmental Policy Act determinations. viii. Site specific zone changes of property, including any environmental determination (under SEPA); ix. Planned unit developments, including any environmental determination (under SEPA); and x. Any other applications or appeals that the city council may refer by motion or ordinance, specifically declaring that the decision of the hearing examiner can be appealed to the city council. b. All hearings before the hearing examiner shall be conducted in the manner set forth in Appendix B. c. Appeals of any decision of the hearing examiner shall be as is set forth in SVMC 17.50. 18.30 Community Development Director 18.30.010 The director shall have the following responsibilities: 1. To advise the planning commission and the city council concerning matters related to planning and the administration of this code; 3 Page 3 of 4, P:\Community Development\Planning Commission\2006 Meetings - Planning Commission\07-27-06 PC Meeting\Title 18 UDC Boards and Authorities PC Draft.doc Planning Commission UDC Draft- Last updated July 18, 2006 2. To implement the provisions of this code in conformance with the directives of the city council and this code; 3. To regularly update the comprehensive plan and official zoning map; 4. To make recommendations concerning proposed changes and amendments to zoning regulations and the official zoning map; and 5. To review site plans for conformance with the requirements of this code. 18.40 Building Official 18.40.010 The building official shall have the following responsibilities: 1. To review all plans for construction for conformance with this code and to administer the provisions of building codes adopted by the city council; 2. To make recommendations concerning amendments to the adopted Building Codes; 3. To enforce the provisions of SVMC Title 24 — Building Codes. 4. To enforce the provisions of nuisance ordinances in conformance with the requirements of SVMC 7.05. 18.50 Public Works Director 18.50.010 The public works director shall have the following responsibilities: 1. To review all street and drainage construction plans for conformance with this code and to administer the civil engineering construction codes adopted by the city council; 2. To advise the planning commission and the city council concerning matters related to the administration of the civil engineering provisions of the code; 3. To regularly update the Street and Utility Design Standards and the Regional Stormwater Design Standards; 4. To review site plans for conformance with the civil engineering requirements of this code. 5. To oversee the construction of public infrastructure for conformance with the civil engineering provisions of this code. 4 Page 4 of 4, P:\Community Development\Planning Commission\2006 Meetings - Planning Commission\07-27-06 PC Meeting\Title 18 UDC Boards and Authorities PC Draft.doc Title 17 GENERAL PROVISIONS 17.05 Authority 17.05.010 The City of Spokane Valley (hereafter referred to as "the City") adopts Spokane Valley Municipal Code (SVMC) Titles 17-25 as the City of Spokane Valley Uniform Development Code (UDC) pursuant to RCW 35A.11.020 and RCW 35A.14.140 and further in compliance with RCW 36.70A (the Growth Management Act) and WAC Sections 365-195-800 through 365-195-865. 17.10 Purpose 17.10.010 These regulations have been established in accordance with the Comprehensive Plan for the purpose of promoting the health, safety, general welfare and protection of the environment of the City. They have been designed to reduce traffic congestion; to reduce the threat of fire, panic and other dangers; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirements; to safeguard community character; to encourage land uses in areas suitable for particular uses; to conserve the value of property; and to encourage the most appropriate use of land throughout the City. 17.15 Application and Penalty 17.15.010 All development and use of land within the corporate limits of the City shall conform to all of the requirements of this code, unless specifically exempted herein or by the operation of law. 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. Further, 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. 17.20 Rules of Construction 17.20.010 General All provisions, terms, phrases, and expressions contained in this code shall be construed to implement the intent and meaning of the City Council. Page 1 of 44 P:\Community Development\Development Regulations\Title 17 General Provisions\Title 17 UDC General Provisions PC Draft.doc 17.20.020 Specific 1. Computation of time. The time within which an act is to be done shall be computed by excluding the first and including the last day. Although, if the defined period of time would expire on a Saturday, Sunday, or legal holiday, then the time period is extended until the end of the next day that is not a Saturday, Sunday, or legal holiday. In the computation of time the standard calendar shall be used. The following time-related words shall have the meanings ascribed below. a. "Day" means a calendar day, unless working day is specified. b. "Week" means seven (7) calendar days. c. "Month" means a calendar month. d. "Year" means a calendar year. 2. Coniunctions. Unless the context clearly indicates to the contrary, conjunctions shall be interpreted as follows: a. "And" indicates that all connected items, conditions, provisions or events shall apply. b. "Or" indicates that one or more of the connected items, conditions, provisions or events shall apply. c. "Either ... or" indicates that the connected items, conditions, provisions, or events shall apply singularly but not in combination. 3. Delegation of authority. Whenever a provision appears requiring the head of a department or some other officer or employee to do some act or perform some duty, it is to be construed to authorize the head of the department or other officer to designate, delegate, and authorize subordinates to perform the required act or duty, unless the terms of the provision or section specify otherwise. 4. Non-technical and technical words. Words and phases shall be construed according to the common and approved usage of the language, but technical words and phases and such others as may have acquired a peculiar and appropriate meaning in law shall be construed and understood according to such meaning. 5. Number. A word indicating the singular number may extend and be applied to several persons and things. The use of the plural number shall be deemed to include any single person or thing, unless the context clearly indicates the contrary. 6. Public officials, bodies, and agencies. All public officials, bodies, and agencies to which reference is made are those of the City, unless otherwise indicated. Page 2 of 44 P:\Community Development\Development Regulations\Title 17 General Provisions\Title 17 UDC General Provisions PC Draft.doc 7. Shall and may. The word "shall" is always mandatory and not discretionary. The word "may" is permissive. 8. Tense. Words used in the past or present tense include the future as well as the past or present, unless the context clearly indicates the contrary. 9. Text. In case of any difference of meaning or implication between the text of this code and any illustration or figure, the text shall control. 17.25 Code Interpretation 17.25.010 Interpretation of Development Code Any person may request a formal interpretation of a provision of the development code, zoning map, arterial road map, prior conditions of approval, or prior administrative interpretations. The interpretation shall be made by the community development director (hereafter referred to as "the director"). The community development department (hereafter referred to as "the department") shall maintain a file of all written interpretations. 17.25.020 Appeal of Administrative Interpretation This formal interpretation may be appealed pursuant to the provisions of chapter SVMC 17.50 of this code. 17.30 Consistency with Comprehensive Plan 17.30.010 The regulations of this code are intended to implement the City's official comprehensive plan, as such may be amended from time to time. A copy of the plan shall be kept in the office of the City clerk, and it shall be available for public inspection during regular business hours or on the City's website. Applications for rezoning any land use action shall be consistent with the comprehensive plan. 17.35 Severability The sections, paragraphs, sentences, clauses, and phrases of this chapter are severable, and if any phrase, clause, sentence, paragraph, or section of this chapter shall be declared unconstitutional, such unconstitutionality or invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs, or sections of this code. 17.40 Permit Processing Procedures 17.40.010 Purpose and Applicability Page 3 of 44 P:\Community Development\Development Regulations\Title 17 General Provisions\Title 17 UDC General Provisions PC Draft.doc 1. Purpose. The purpose of this chapter is to establish standardized decision- making procedures for reviewing development and land use applications within the City. This chapter is intended to: a. Assure prompt review of development applications; b. Provide for necessary public review and comment on development applications; c. Minimize adverse impacts on surrounding land uses; d. Encourage flexibility and innovation in the design and layout of development proposals; and e. Ensure consistency with the comprehensive plan and development regulations. 2. Applicability. This chapter applies to all development applications identified in SVMC 17.40.030 17.40.020 Types of Development Applications 1. Land Use and development applications will be classified, as follows: a. Type I procedures apply to permits and decisions issued administratively. b. Type II procedures apply to actions that contain some discretionary criteria. c. Type III procedures apply to quasi-judicial permits and actions that contain discretionary approval criteria. d. Type IV procedures apply to legislative matters. Legislative matters involve the creation, revision, or large-scale implementation of public policy. e. Exempt applications defined below in SVMC 10.40.040. 17.40.030 Assignment of Permit Classification 1. Assignment by Table. Land use and development applications shall be classified pursuant to the following table. Table 17.40-1 Type Land Use and Development Application Cross Reference Accessory Dwelling Units 19.110 Administrative Determinations by community development director,public 17.25 works director,or building official. Page 4 of 44 P:\Community Development\Development Regulations\Title 17 General Provisions\Title 17 UDC General Provisions PC Draft.doc Type Land Use and Development Application Cross Reference Administrative Exception 19.60 Administrative Interpretation 17.25.010 Boundary Line Adjustments and Eliminations 20.80 Home Profession Permit 19.110 Shoreline Permit Exemption (dock permit) 21.50 Site Plan Review 19.65 Temporary Use Permit 19.800 Time Extensions for preliminary plat,short plat or binding site plan 20.10.060 Floodplain development 21.30 Grading Permits 24.100 Binding Site Plan—Preliminary 20.60 Binding Site Plan—Change of Conditions 20.60 Wireless Communication Facilities 22.120 II Plat Alterations 20.70 Plat Modifications 20.70 SEPA Threshold Determination 21.20 Short Subdivision—Preliminary Plat 20.20 Conditional Use Permits 19.700 Shoreline Conditional Use Permit 21.50 Shoreline Substantial Development Permit 21.50 III Shoreline Variance 21.50 Subdivisions-Preliminary Plat 20.20 Variance 19.900 Zoning Map Amendments(site specific rezones) 17.40.160 Annual Comprehensive Plan Amendments(text and/or map) 17.40.160 IV Area-wide Zoning Map Amendments 17.40.160 Development Code Text Amendments 17.40.160 2. Assignment by Director: Land use and development applications not defined in SVMC Table17.40-1 above shall be assigned a type by the director, unless exempt under SVMC 17.40.040. When one or more procedure may be appropriate, the process providing the greatest opportunity for public notice shall be followed. 17.40.040 Exempt activities 1. Exemptions. Unless specified elsewhere in this title, the following development activities are exempt from the procedural requirements of this chapter: a. Normal or emergency repair or maintenance of public or private buildings, structures, landscaping, or utilities. Page 5 of 44 P:\Community Development\Development Regulations\Title 17 General Provisions\Title 17 UDC General Provisions PC Draft.doc b. A change of any legally-established use is exempt; unless the change of use requires: i. An increase in the number of parking spaces provided, ii. A conditional use permit under SVMC 19.80, iii. A site plan approval under SVMC 19.65, or iv. Review by SEPA. c. Final subdivisions, short subdivisions, and binding site plans. d. Building permits that are not subject to SEPA. e. On-site utility permits not obtained in conjunction with a specific development application, including but not limited to sewer hook-ups, water hook-ups, right-of-way permits, and fire department permits. f. Sign permits. g. Interior remodeling and tenant improvements unless site plan review is required under SVMC 19.65. 2. Other Regulations. Applications exempt under this section remain subject to all other applicable standards and requirements of the SVMC. 17.40.050 Submission requirements 1. Application forms. All applications shall be made on forms provided by the department. The director shall have authority to modify application materials. 2. Submittal information. All applications shall include the information required in applicable provisions of this code as identified in SVMC Table 17.40-1 and other additional information required by the department. 3. Fees. Fees as required by SVMC 17.70. 17.40.060 Final Decision Authority The final decision for application type shall be made by: 1. Type I —the department. 2. Type ll —the department. 3. Type III —the hearing examiner. Page 6 of 44 P:\Community Development\Development Regulations\Title 17 General Provisions\Title 17 UDC General Provisions PC Draft.doc 4. Type IV—the City Council preceded by a recommendation by planning commission. 17.40.070 Required Development Application Procedures 1. The required procedures for Type I, II, and Ill applications are in the following table. The specific procedures required for Type IV applications are set forth in SVMC 17.40.140. Table 17.40-2 Procedures for Development Applications a, C O Ua7 Q _ C CO a) Cp j Application „ ca)o o m o m o c o Q• o o Type cco crn co o rn J a) YP Q a2o a�'ff o $' U alr a�v a�aa >•• av � v To o c .J d U r O D— LLD ,- Z m- Z t - U c ,- O X X N/A N/A X II 0 X X X N/A X III X X X X X X X Required 0 Optional N/A Not Applicable 17.40.080 Pre-Application Conference 1. Purpose. To provide City and other agency staff with a sufficient level of detail about the proposed development to enable staff to advise the applicant of applicable approvals and requirements; and to acquaint the applicant with the applicable requirements of the SVMC and other laws and to identify issues and concerns in advance of a formal application. 2. Pre-application. Type II and III applicants shall schedule a pre-application conference and provide information requested in advance of the meeting. 3. Pre-application waivers. The director may waive the pre-application conference if determined that the proposal has few development-related issues, involves subsequent phases of an approved development, or is substantially similar to a prior proposal affecting substantially the same property. 17.40.090 Counter-Complete Determination 1. Determination and Application Content. Prior to accepting an application the department shall determine whether the application is counter-complete. A counter-complete application shall contain all information included in the applicable form. Review for counter-complete status does not include an evaluation of the substantive adequacy of the information in the application. 2. Incomplete application. If the department determines that the application is not counter-complete, the application shall be rejected and the applicant advised of the information needed to complete the application. Page 7 of 44 P:\Community Development\Development Regulations\Title 17 General Provisions\Title 17 UDC General Provisions PC Draft.doc 3. Counter-complete application. Counter-complete applications shall be accepted for review for fully-complete determination. 17.40.100 Fully-Complete Determination 1. Determination. Once a counter-complete application has been accepted, the department shall within 28 calendar days, provide a written determination delivered by mail or in person to the applicant that the application is either fully- complete or if incomplete a list of what is required to make the application complete and the names of agencies of local, state, or federal governments that may have jurisdiction over some aspect of the application to the extent known by the City. 2. Incomplete application. If the necessary information is not provided by the applicant within 60 days, the department shall: a. Reject and return the application; or b. Issue a decision denying the application, based on a lack of information. The applicant may reinitiate the fully-complete review process without additional fees provided that the required information is provided by a date specified by the department. c. The applicant may withdraw the application by submitting a request in writing and may be entitled to the return of up to 80% of the fees submitted. 3. Fully-complete application. If the department determines that any application is fully-complete, the department shall, within 14 calendar days issue a notice of application pursuant to section SVMC 17.40.110. 4. Request for additional information. A fully-complete determination shall not preclude the City from requesting additional information, studies or changes to submitted information or plans if new information is required or substantial changes to the proposal occur. 5. Revocation: An application's fully-complete and vesting status may be revoked if the department determines that the applicant intentionally submitted false information. 6. Within 14 calendar days after an applicant has submitted additional information identified by the City as necessary for a complete application, the City shall notify the applicant whether the application is complete or what additional information is necessary. 17.40.110 Notice of Application 1. Contents. Within 14 calendar days after an application is determined fully- complete, the department shall issue a notice of application. Page 8 of 44 P:\Community Development\Development Regulations\Title 17 General Provisions\Title 17 UDC General Provisions PC Draft.doc a. All notices of applications shall include the following: i. The case file number(s), the date of application, and the date a fully complete application was filed; ii. A description of the proposed project and a list of project permits included with the application, as well as the identification of other permits not included in the application, to the extent known to the City; iii. The proposed SEPA Threshold Determination, if applicable. iv. The identification of any existing environmental documents that may be used to evaluate the proposed project; v. A statement of the public comment period; a statement that the public has the right to comment on the application, receive notice of the decision, and request a copy of the decision once made, and a statement of any appeal rights; vi. The name of the applicant or applicant's authorized representative and the name, address, and telephone number of a contact person for the applicant, if any; vii. A description of the site, including current zoning and nearest road intersections, sufficient to inform the reader of its location and zoning; viii. A map showing the subject property in relation to other properties or a reduced copy of the site plan; ix. The date, place, and times where information about the application may be examined and the name and telephone number of the City representative to contact about the application; x. Any additional information determined appropriate by the department. b. In addition to the requirements listed in SVMC 17.40.110(1)(a), a Type II notice of application shall include the following statements: i. That failure of any party to address the relevant approval criteria with sufficient specificity may result in the denial of the application; ii. That all evidence relied upon by the department to make the decision shall be contained within the record and is available for public review, and that copies can be obtained at a reasonable cost from the department; Page 9 of 44 P:\Community Development\Development Regulations\Title 17 General Provisions\Title 17 UDC General Provisions PC Draft.doc iii. That after the comment period closes, the department shall issue a Type II notice of decision. c. In addition to the requirements listed in SVMC 17.40.110(1)(a), a Type III application shall include the following statement: i. That a staff report and SEPA review will be available for inspection at least 10 calendar days before the public hearing and the deadline for submitting written comments. 2. Distribution of Notice of Application. The notice of application shall be published in appropriate regional or neighborhood newspaper or trade journal and sent to the following persons by regular mail: a. The applicant and all owners of the subject property; b. All adjacent property owners of record as shown on the most recent property tax assessment roll; c. Any governmental agency entitled to notice; d. Any person filing a written request for a copy of the notice of application. 3. Type I exception. A notice of application is not required for Type I applications. 4. Comment Period. The department shall allow 14 calendar days for Type II and 30 calendar days for Type III after the date the notice of application is mailed and posted on the subject property, for individuals to submit comments. Within seven calendar days after the close of the public comment period, the department shall mail to the applicant a copy of written public comments, including email communications, timely received in response to the notice of application together with a statement that the applicant may submit a written response to these comments within 14 calendar days from the date the comments are mailed. The department in making this decision shall consider written comments timely received in response to the notice of application and timely written responses to those comments, including e-mail communications, submitted by the applicant. 17.40.120 Notice of Public Hearing A public hearing is required for Type III applications. 1. Content of Notice of Public Hearing: Notices of public hearing shall contain the following information: a. The application and/or project number; b. Project summary/description of each project permit application; Page 10 of 44 P:\Community Development\Development Regulations\Title 17 General Provisions\Title 17 UDC General Provisions PC Draft.doc c. The designation of the hearing body; d. The date, time, and place of the hearing and a statement that the hearing will be conducted in accordance with the rules of procedure adopted by the hearing body; e. General project location, vicinity, address, and parcel number(s), if applicable; f. The name, address, and phone number of the owner, applicant, and designated contact; g. The SEPA threshold determination or description thereof shall be contained in the notice, along with any appropriate statement regarding any shared or divided lead agency status and phased review and stating the end of any final comment period; h. A statement regarding the appeal process; and i. The date when the staff report will be available and the place and times where it can be reviewed. 2. Distribution of Notices of Public Hearing: Notices of public hearing shall be mailed, posted, and published at least fifteen (15) days prior to the hearing date and shall be distributed as follows: a. Notice by Mail: All property owners within three hundred (300) feet of the subject site by first class mail. Where any portion of the property abutting the subject property is owned, controlled, or under the option of the applicant, then all property owners within three hundred (300) foot radius of the total ownership interest shall be notified by first class mail. Property owners are those shown on the most recent Spokane County Assessors/Treasurers database as obtained by the title company no more than thirty (30) calendar days prior to the scheduled public hearing. In addition, notice shall be sent to the following: i. Agencies with jurisdiction (SEPA); ii. Municipal corporations or organization with which the City has executed an inter-local agreement; and iii. Other persons who the City determines may be affected by the proposed action or who requested such notice in writing. b. Notice by Sign: A sign a minimum of sixteen (16) square feet (4 feet in width by 4 feet in height) in area shall be posted by the applicant on the site along the most heavily traveled street adjacent to the subject property. The sign shall be provided by the applicant. The sign shall be constructed of material of sufficient weight and reasonable strength to Page 11 of 44 P:\Community Development\Development Regulations\Title 17 General Provisions\Title 17 UDC General Provisions PC Draft.doc withstand normal weather conditions. The sign shall be lettered and spaced as follows: i. A minimum of two (2) inch border on the top, sides, and bottom of the sign; ii. The first line in four (4) inch letters shall read "NOTICE OF PUBLIC HEARING"; iii. Spacing between all lines shall be a minimum of three (3) inches; and iv. The text of the sign shall include the following information in three (3) inch letters: 1. Proposal: 2. Applicant: 3. File Number: 4. Hearing: (date &time) 5. Location: 6. Review Authority: c. Notice by Publication: Publish one notice in an appropriate regional or neighborhood newspaper or trade journal. 17.40.130 Final Decision 1. Timeline to Make Final Decision —Type I. The department shall approve, approve with conditions, or deny a Type I application within 60 calendar days after the date the application was accepted as fully-complete, unless accompanied by a SEPA checklist. Time spent by the applicant to revise plans or provide additional studies or materials requested by the City shall not be included in the 60 day period. An applicant may agree in writing to extend the time in which the department shall issue a decision. The department's decision shall address all of the relevant approval criteria applicable to the development application. 2. Timeline to Make Final Decision —Type II and III. The final decision on a Type II and III application shall be made not more than 120 calendar days (90 days for subdivisions) after the date a fully-complete determination is made. This period shall not include: a. Time spent by the applicant to revise plans or provide additional studies or materials requested by the City. b. Time spent preparing an environmental impact statement. c. Time between submittal and resolution of an appeal. d. Any extension of time mutually agreed upon by the applicant and the City in writing. Page 12 of 44 P:\Community Development\Development Regulations\Title 17 General Provisions\Title 17 UDC General Provisions PC Draft.doc 3. Contents of Final Decision. The final decision on Type II and Ill applications shall contain the following information: a. The nature of the application in sufficient detail to apprise persons entitled to notice of the applicant's proposal and of the decision; b. The address or other geographic description of the subject property, including a map of the site in relation to the surrounding area, where applicable; c. The date the decision shall become final, unless appealed; d. A statement that all persons who have standing under SVMC17.50 may appeal the decision; e. A statement in boldface type briefly explaining how an appeal can be filed, the deadline for filing such an appeal, and where further information can be obtained concerning the appeal; f. A statement that the complete case file, including findings, conclusions and conditions of approval, if any, is available for review. The notice of final decision shall list the place, days, and times where the case file is available and the name and telephone number of the City representative to contact about reviewing the case file; g. A statement of the facts demonstrating how the application does or does not comply with applicable approval criteria; h. A statement of the basis of decision pursuant to the SVMC and other applicable law; i. The reasons for a conclusion to approve, approve with conditions, or deny the application; j. The decision to approve or deny the application and, if approved, conditions of approval necessary to ensure the proposed development will comply with applicable law; and k. The date the final decision is mailed. 4. Notice of the Final Decision. All final decisions shall be sent by regular mail to the following: a. The applicant and all owners of the subject property; b. Any governmental agency entitled to notice; c. Any person filing a written request for a copy of the notice of application; and Page 13 of 44 P:\Community Development\Development Regulations\Title 17 General Provisions\Title 17 UDC General Provisions PC Draft.doc d. Any person who provided substantive written comments on the application during the public comment period and provided a mailing address. 17.40.140 Type IV Applications —Comprehensive Plan Amendments and Area- wide Rezones 1. Initiation. Comprehensive plan amendments and area-wide rezones may be initiated by any of the following: a. Property owner(s) or their representatives; b. Any citizen, agency, neighborhood association, or other party; or c. The department, planning commission, or City Council. 2. Applications. Applications shall be made on forms provide by the City. 3. Application Submittal: a. Applicant initiated: Comprehensive plan amendments and area-wide rezones shall be subject to a pre-application conference, counter- complete, and fully-complete determinations pursuant to SVMC 17.40.080, 090, and 100. The date upon fully-complete determination shall be the date of registration with the department. b. Non-applicant initiated: After submittal of a non-applicant initiated application, the application shall be placed on the register. 4. Register of Comprehensive Plan Amendments and Area-wide Rezones. The department shall establish and maintain a register of all applications. 5. Concurrent and Annual Review of Register. a. Sixty (60) days prior to November 1st in each calendar year, the City shall notify the public that the amendment process has begun. Notice shall be distributed as follows: i. Notice published in an appropriate regional or neighborhood newspaper or trade journal; ii. Notice posted on all City's official public notice boards; iii. Copy of the notice sent to all agencies, organizations, and adjacent jurisdictions with an interest. b. All registered applications shall be reviewed concurrently, on an annual basis and in a manner consistent with RCW 36.70A.130(2). Page 14 of 44 P:\Community Development\Development Regulations\Title 17 General Provisions\Title 17 UDC General Provisions PC Draft.doc Applications registered after November 1st of the previous calendar year and before November 1st of the current calendar year, shall be included in the annual review. Those registered after November 1st of the calendar year shall be placed on the register for review at the following annual review. c. Emergency Amendments: The City may review and amend the comprehensive plan when the City Council determines that an emergency exists or in other circumstances as provided for by RCW 36.70A.130 (2)(a). 6. Notice of Public Hearing. Comprehensive plan amendments and area-wide rezones require a public hearing before the planning commission. a. Contents of Notice. A notice of public hearing shall include the following: i. The citation, if any, of the provision that would be changed by the proposal along with a brief description of that provision; ii. A statement of how the proposal would change the affected provision; iii. A statement of what areas, comprehensive plan designations, zones, or locations will be directly affected or changed by the proposal; iv. The date, time, and place of the public hearing; v. A statement of the availability of the official file; and vi. A statement of the right of any person to submit written comments to the planning commission and to appear at the public hearing of the planning commission to give oral comments on the proposal. b. Distribution of Notice. The department shall distribute the notice pursuant to SVMC 17.40.120(2). 7. Planning Commission Recommendation. a. Procedure. Following the public hearing, the planning commission shall consider the applications concurrently, and shall prepare and forward a recommendation of proposed action for all applications to the City Council. The planning commission shall take one of the following actions: i. If the planning commission determines that the proposal should be adopted, it may by a majority vote, recommend that the City Council adopt the proposal. The planning commission may make modifications to any proposal prior to recommending the proposal Page 15 of 44 P:\Community Development\Development Regulations\Title 17 General Provisions\Title 17 UDC General Provisions PC Draft.doc to City Council for adoption. If the modification is substantial, the planning commission must conduct a public hearing on the modified proposal. ii. If the planning commission determines that the proposal should not be adopted, it may, by a majority vote, recommend that the City Council not adopt the proposal. iii. If the planning commission is unable to take either of the actions specified in subsections (i) or (ii) above, the proposal will be sent to City Council with the notation that the planning commission makes no recommendation. 8. Approval Criteria a. The City may approve comprehensive plan amendments and area-wide zone map amendments if it finds that: i. The proposed amendment bears a substantial relationship to the public health, safety, welfare, and protection of the environment; ii. The proposed amendment is consistent with the requirements of Chapter 36.70A RCW and with the portion of the City's adopted plan not affected by the amendment; iii. The proposed amendment responds to a substantial change in conditions beyond the property owner's control applicable to the area within which the subject property lies; iv. The proposed amendment corrects an obvious mapping error; and v. The proposed amendment addresses an identified deficiency in the Comprehensive Plan. b. The City must also consider the following factors prior to approving comprehensive plan amendments: i. The effect upon the physical environment; ii. The effect on open space, streams, rivers, and lakes; iii. The compatibility with and impact on adjacent land uses and surrounding neighborhoods; iv. The adequacy of and impact on community facilities including utilities, roads, public transportation, parks, recreation, and schools; v. The benefit to the neighborhood, City, and region; Page 16 of 44 P:\Community Development\Development Regulations\Title 17 General Provisions\Title 17 UDC General Provisions PC Draft.doc vi. The quantity and location of land planned for the proposed land use type and density and the demand for such land; vii. The current and project population density in the area; and viii. The effect upon other aspects of the comprehensive plan. 9. City Council Action. Within sixty (60) days of receipt of the planning commission's findings and recommendations, the City Council shall consider the findings and recommendations of the commission concerning the application and may hold a public hearing pursuant to council rules. The department shall distribute notice of the council's public hearing pursuant to SVMC 17.40.120(2). All annual amendments to the comprehensive plan shall be considered concurrently. By a majority vote of its membership, the City Council shall: a. Approve the application; b. Disapprove the application; c. Modify the application. If the modification is substantial, the council must either conduct a public hearing on the modified proposal; or d. Refer the proposal back to the planning commission for further consideration. 10. Transmittal to the State of Washington. At least sixty (60) days prior to final action being taken by the City Council, the Washington State Department of Community, Trade and Economic Development (CTED) shall be provided with a copy of the amendments in order to initiate the 60 (sixty) day comment period. No later than ten (10) days after adoption of the proposal, a copy of the final decision shall be forwarded to CTED. 17.40.150 Type IV Applications —Text Amendments to the Uniform Development Code 1. Initiation. Text amendments to this code may be initiated by any of the following: a. Property owner(s) or their representatives; b. Any citizen, agency, neighborhood association, or other party; or c. The department, planning commission, or City Council. 2. Applications. Applications shall be made on forms provided by the City. 3. Application Submittal: Page 17 of 44 P:\Community Development\Development Regulations\Title 17 General Provisions\Title 17 UDC General Provisions PC Draft.doc a. After submittal of an applicant initiated application, the application shall be subject to a pre-application conference, counter-complete, and fully- complete determination pursuant to SVMC 17.40.080, 090, and 100. b. After submittal, the application shall be placed on the next available planning commission agenda. 4. Notice of Public Hearing. Amendments to this code require a public hearing before the planning commission. a. Contents of Notice. A notice of public hearing shall including the following: i. The citation, if any, of the provision that would be changed by the proposal along with a brief description of that provision; ii. A statement of how the proposal would change the affected provision; iii. The date, time, and place of the public hearing; iv. A statement of the availability of the official file; and v. A statement of the right of any person to submit written comments to the planning commission and to appear at the public hearing of the planning commission to give oral comments on the proposal. b. Distribution of Notice. The department shall distribute the notice pursuant to SVMC 17.40.120(2). 5. Planning Commission Recommendation. a. Procedure. Following the public hearing, the planning commission shall consider the proposal and shall prepare and forward a recommendation to the City Council. The planning commission shall take one of the following actions: i. If the planning commission determines that the proposal should be adopted, it may by a majority vote, recommend that the City Council adopt the proposal. The planning commission may make modifications to any proposal prior to recommending the proposal to City Council for adoption. If the modification is substantial, the planning commission must conduct a public hearing on the modified proposal ii. If the planning commission determines that the proposal should not be adopted, it may, by a majority vote, recommend that the City Council not adopt the proposal. Page 18 of 44 P:\Community Development\Development Regulations\Title 17 General Provisions\Title 17 UDC General Provisions PC Draft.doc iii. If the planning commission is unable to take either of the actions specified in subsections (i) or (ii) above, the proposal will be sent to City Council with the notation that the planning commission makes no recommendation. 6. Approval Criteria. The City may approve amendments to this code if it finds that: a. The proposed amendment is consistent with the applicable provisions of the comprehensive plan; and b. The proposed amendment bears a substantial relation to public health, safety, welfare, and protection of the environment. 7. City Council Action. Within sixty (60) days of receipt of the planning commission's findings and recommendations, the City Council shall consider the findings and recommendations of the commission concerning the application and may hold a public hearing pursuant to council rules. The department shall distribute notice of the council's public hearing pursuant to SVMC 17.40.120(2). By a majority vote, the City Council shall: a. Approve the application; b. Disapprove the application; c. Modify the application. If modification is substantial, the Council must either conduct a public hearing on the modified proposal; or; d. Refer the proposal back to the planning commission for further consideration. 8. Transmittal to the State of Washington. At least sixty (60) days prior to final action being taken by the City Council, the Washington State Department of Community, Trade and Economic Development (CTED) shall be provided with a copy of the amendments in order to initiate the 60 (sixty) day comment period. No later than ten (10) days after adoption of the proposal, a copy of the final decision shall be forwarded to CTED. 17.40.160 Optional Consolidated Review Process 1. Optional Consolidated Review Process. This optional process provides for the consideration of all discretionary land use, engineering, and environmental permits issued by the City if requested in writing from the applicant. Permit decisions of other agencies are not included in this process; but public meetings and hearings for other agencies may be coordinated with those of the City. Where multiple approvals are required for a single project, the optional consolidated review process is composed of the following: Page 19 of 44 P:\Community Development\Development Regulations\Title 17 General Provisions\Title 17 UDC General Provisions PC Draft.doc a. Pre-application Meeting. A single pre-application meeting will be conducted for all applications submitted under the optional consolidated review process. b. Determination of Completeness. When a consolidated application is deemed complete a consolidated determination of completeness will be made pursuant to SVMC 17.40.100. c. Notice of Application. When a consolidated application is deemed complete, a consolidated notice of application will be issued pursuant to the provisions of SVMC 17.40.110. d. Comment Period. The consolidated application shall provide for one comment period for all permits included in the consolidated application. e. The City will issue a decision(s) for Type I or Type II permits prior to scheduling a public hearing for any companion Type Ill permit. Appeals of administrative permits that are part of a consolidated application will be heard in a single, consolidated open-record appeal hearing before the hearing examiner on the same agenda as the companion Type Ill application. f. Notice of Public Hearing. A single notice of public hearing will be provided for consolidated permit applications. The notice will include the Type Ill permit to be heard and any open record appeals of administrative portions of the consolidated application. g. Notice of Decision. The Hearing Examiner shall issue a single notice of decision regarding all Type I and Type II appeals and all Type Ill project permit applications subject to a public hearing. 17.50 Appeals 17.50.010 General 1. Appeals and Jurisdiction. All final decisions shall be appealed to the authority set forth in SVMC Table 17.50-1 below. Specific procedures followed by the planning commission, hearing examiner, and City Council are set forth in Appendix B. Table 17.50-1 Decision/Appeal Authority Land Use and Development Decisions Appeal Authority Type I and II decisions Hearing examiner(SVMC 17.50.030);further appeal to Superior Court(RCW 36.70C) Building Permits Hearing examiner(SVMC 17.50.030);further appeal to Superior Court(RCW 36.70C) Type Ill decisions except zoning map Superior Court(RCW 36.70C) amendments Page 20 of 44 P:\Community Development\Development Regulations\Title 17 General Provisions\Title 17 UDC General Provisions PC Draft.doc Land Use and Development Decisions Appeal Authority Type III zoning map amendments City Council(SVMC 17.50.060);further appeal to Superior Court(RCW 36.70C) Type IV decisions Superior Court Matters subject to review pursuant to Growth management hearing board RCW 36.70A.020 Shoreline development permits Shoreline Hearings Board(RCW 90.58.180) Compliance and enforcement decisions Appeal Authority: (SVMC 17.60): Notice and order of violation Hearing examiner(SVMC 17.50.030);further appeal to Superior Court 17.50.020 Effective Date of Final Decisions 1. Type I final decisions and building permits become effective on the day after the appeal period expires unless an appeal is filed, in which case the procedures of SVMC 17.50 shall apply. The applicant and owner have the right to waive their appeal rights, and in such cases where a waiver is submitted in writing to the department, the Type I decision is considered final on the day it is signed by the director or designee or on the day the waiver is approved, whichever is later, unless a party other than the applicant owner has standing to appeal. 2. Type II, III, and IV final decisions become effective on the day after the appeal period expires, unless an appeal is filed, in which case the procedures of SVMC 17.50 shall apply. 17.50.030 Standing 1. Type I decision. The applicant and property owner or adjacent property owners whose interests are a required part of the application approval have standing to appeal a Type I decision. 2. Type II decision. The following parties have standing to appeal a Type II decision: a. The applicant or owner of the subject property; b. Any party for whom written notice is required; c. Any other party who participates in the decision process through the submission of written testimony. 3. Type III decision. The following parties have standing to appeal a Type III decision: a. The applicant and the owner of the property to whom the decision is directed; Page 21 of 44 P:\Community Development\Development Regulations\Title 17 General Provisions\Title 17 UDC General Provisions PC Draft.doc b. Any other person aggrieved or adversely affected by the decision, or who would be aggrieved or adversely affected by a reversal or modification of the decision. A person is aggrieved or adversely affected within the meaning of these rules only when all of the following conditions are present: i. The decision has prejudiced or is likely to prejudice that person; ii. That person's asserted interests are among those that the hearing examiner was required to consider when the decision was made; iii. A reversal or modification of the decision in favor of that person would substantially eliminate or redress the prejudice to that person caused or likely to be caused by the decision; and iv. The appellant has exhausted his or her administrative remedies by being a party of record to the decision below. A "party of record" means a person who appeared at the public hearing held by the examiner, or who submitted substantive written comments in the matter before or at the hearing held by the examiner. c. The director. 4. Type IV Decisions. Type IV decisions are legislative decisions and may be appealed to the Growth Management Hearings Board or a court of competent jurisdiction as allowed by law. 5. Compliance and enforcement decisions. The following parties have standing to appeal a compliance and enforcement decision: a. The party or owner of property subject to an appeal. b. The complainant if a written request is made to be notified of the City's response to the complaint filed by the complainant. 17.50.040 Appeal to Hearing Examiner 1. Appeal to Hearing Examiner. Any appeal to the hearing examiner must be received no later than 14 calendar days after written notice of the decision is mailed. Receipt of a complete appeal submittal shall stay the original decision until a final decision on the appeal has been reached. The appeal shall include: a. The case number designated by the City and the name of the applicant; b. The name and signature of each petitioner or their authorized representative and a statement showing that each petitioner has standing to file the appeal under this chapter. If multiple parties file a single petition for review, the petition shall designate one party as the contact representative; Page 22 of 44 P:\Community Development\Development Regulations\Title 17 General Provisions\Title 17 UDC General Provisions PC Draft.doc c. The specific decision and specific portions of the decision or determination being appealed, and the specific reasons why each aspect is in error as a matter of fact or law; d. Evidence that the specific issues raised on appeal were raised during the period in which the record was open; and e. The appeal fee as identified in SVMC 17.70. The fee may be refunded either wholly or partially only if the appellant requests withdrawal of the appeal in writing at least 14 calendar days before the scheduled appeal hearing date. 17.50.050 Appeal Review Process for Hearing Examiner 1. Appeal Review Process. a. All complete appeals submitted and allowed pursuant to these rules shall be scheduled for review at a public hearing before the hearing examiner within 90 calendar days from the date of submission. Further extensions are permitted upon mutual agreement of the appellant, the applicant, and the department. b. Notice of the appeal hearing shall be mailed to all parties of record. 17.50.060 Procedures for Appeals to the Hearing Examiner 1. Hearing Procedures. All appeals to the hearing examiner shall be conducted in the manner set forth in Appendix B. 2. Scheduling of Hearings. a. The hearing examiner in coordination with the department shall prepare an official agenda indicating the dates and times that matters will be heard. The official agenda shall comply with all time limits set forth in SVMC 36.706.110. b. When practical, minor applications such as variances or conditional use permit applications shall be scheduled at the beginning of the day's agenda. c. The hearing examiner may consolidate applications involving the same or related properties for hearing. 3. Notice of Hearing-Effect of Notice. a. Each public notice required for the hearing of an application shall conform to applicable statutory and ordinance requirements. The notice Page 23 of 44 P:\Community Development\Development Regulations\Title 17 General Provisions\Title 17 UDC General Provisions PC Draft.doc should contain a statement that the hearing will be conducted in the manner set forth in Appendix B. b. Failure of a person entitled to notice to receive notice does not affect the jurisdiction of the hearing examiner to hear the application when scheduled and render a decision, if the notice was properly mailed and posted. c. A person is deemed to have received notice if the person appears at the hearing or submits written information regarding the merits of the application, even if notice was not properly mailed or posted. d. If required notice is not given and actual notice is not received, the hearing examiner may reschedule the hearing or keep the record open on the matter to receive additional evidence. 4. Staff Reports on Applications. a. The department shall coordinate and assemble the comments and recommendations of other City departments and commenting agencies, and shall make a written staff report to the hearing examiner on all applications. b. At least seven calendar days prior to the date of the scheduled public hearing, the staff report shall be filed with the office of hearing examiner and mailed by first class mail or provided to the applicant. At such time, the department shall also make the report available for public inspection. Upon request, the department shall provide or mail a copy of the report to any requesting person for the cost of reproduction and mailing. c. If the staff report is not timely filed or furnished, the hearing examiner may at his\her discretion continue the hearing, considering the prejudice to any party and the circumstances of the case. d. The hearing examiner may make recommendations to the department on the format and content of staff reports submitted to the hearing examiner. 5. Site Inspections. a. The hearing examiner may make site inspections, which may occur at any time after the staff report on an application has been filed with the hearing examiner and before the examiner renders a final decision. The hearing examiner need not give notice of the intention to make an inspection. b. The inspection and the information obtained from it shall not be construed as new evidence or evidence outside the record. If an Page 24 of 44 P:\Community Development\Development Regulations\Title 17 General Provisions\Title 17 UDC General Provisions PC Draft.doc inspection reveals new and unanticipated information, the hearing examiner may upon notice to all parties of record request written response to such information or reopen the hearing to consider the information. 17.50.070 Appeal to the City Council All appeals to the City Council shall be closed record appeals and shall follow the procedures and conduct as set forth below: 1. Appeals of the hearing examiner's decision to the City Council must be: a. Filed with the City clerk within fourteen (14) calendar days from the date the final decision of the examiner was mailed; b. Accompanied by the appeal fee identified by SVMC 17.70; c. Accompanied by the separate transcript/record deposit fee identified by SVMC 17.70; and d. Submitted on a form obtained from the City clerk. 2. The appeal form submitted by the appellant shall contain the following information: a. The file number and a copy of the decision; b. The name and mailing address of the appellant, the name and mailing address of the appellant's attorney, if any, and the name of the applicant if different than the appellant; c. Facts demonstrating that the appellant has standing to appeal; d. A separate and concise statement of each error alleged to have been committed; e. A separate and concise statement of facts upon which the appellant relies to sustain the statement of error; and f. A request for relief, specifying the type and extent of relief requested. 3. Upon receipt of the written appeal form and payment of the appeal fee, the City clerk shall forward a copy of the appeal and the transcript/record deposit fee to the hearing examiner. 4. The appeal shall be dismissed by the City Council if: a. It is filed by a person without standing to appeal; Page 25 of 44 P:\Community Development\Development Regulations\Title 17 General Provisions\Title 17 UDC General Provisions PC Draft.doc b. The City Council does not have jurisdiction to hear the appeal; c. It is not timely filed; d. The appeal fee or the transcript/record deposit fee was not timely paid; e. The appellant failed to timely pay the costs incurred by the examiner in preparing the verbatim transcript and certified record, after being billed for such costs; or f. It is not filed in accordance with the procedures set forth in these rules. All motions to dismiss a defective appeal shall be filed within fifteen (15) calendar days from the filing date of the appeal, except for a dismissal under item (4)(e), above. The City Council may dismiss an appeal under item (4)(e), above, upon receiving written notification from the examiner that the appellant failed to timely pay the costs incurred by the examiner for the appeal after being billed for such costs. 5. The hearing examiner shall have thirty (30) calendar days from the filing date of the appeal to prepare a verbatim transcript of the hearing before the examiner and a certified copy of the documents in the record, and to bill the appellant for the costs incurred. The City Council may authorize a longer time, at the examiner's request, for unusually large records or transcripts. a. If the hearing examiner, the appellant, and the applicant (if different than the appellant), agree, or upon order of the City Council, the verbatim transcript and/or record may be shortened or summarized to avoid reproduction or transcription of portions of the record that are duplicative or irrelevant to the issues raised by the appeal. b. Upon completion of the transcript and record, the examiner shall bill the appellant for all costs incurred by the examiner in preparing the verbatim transcript and certified record. The appellant shall pay the balance above and beyond the deposit fee within seven (7) calendar days from the date the bill was mailed or provided to the appellant. c. Upon the appellant's payment of the bill for the cost of the transcript and record, the examiner shall by the next business day deliver a copy of the appeal, verbatim transcript, and certified record to the City clerk. The examiner shall also provide to the clerk a list of the names and mailing addresses of the applicant and the parties of record to the hearing before the examiner. d. The City clerk will furnish copies of the transcript and record to the applicant, if different than the appellant, all members of the City Council, and the City attorney. The hearing examiner, upon request, will furnish copies of the transcript and record to the appellant, the applicant (if the same as the appellant), and other entities that may request one at the cost of reproduction. Page 26 of 44 P:\Community Development\Development Regulations\Title 17 General Provisions\Title 17 UDC General Provisions PC Draft.doc e. If the council dismisses the appeal on procedural grounds, the appellant shall reimburse the examiner for the balance of the costs incurred by the examiner in preparing the transcript and record as of the date of the dismissal, if any. 17.50.080 Appeal Review Process for City Council 1. The City Council, at its next regular meeting following receipt of the transcript and record from the examiner, will schedule a closed record hearing on the appeal. a. The council shall schedule the appeal hearing no sooner than thirty (30) calendar days from the date the transcript and record were received from the hearing examiner. b. The City Council may approve a later hearing date upon agreement of the applicant. c. The appellant, or a party of record in opposition to the appeal, may provide input as to the hearing date only in person at the meeting, or by submitting a letter to the City clerk prior to the meeting. d. The City clerk shall mail notice of the time, place and date of the hearing to the appellant, the applicant (if different than the appellant), and all parties of record to the hearing before the examiner within five (5) calendar days from the date the appeal hearing was scheduled. e. Closed record appeals before the City Council shall be concluded within sixty (60) days from the date the transcript and record are received by the City clerk, unless the applicant agrees in writing to a longer period. 17.50.090 Procedures for appeals to the City Council All appeals to the City Council shall be conducted in the manner set in Appendix B. 17.60 Compliance and Enforcement 17.60.010 Purpose and Scope This chapter sets forth the enforcement procedures for violations of the following: 1. Nuisances (SVMC 7.05) 2. Violations of any provisions of the Uniform Development Code (SVMC Titles 17- 25) 17.60.030 Relationship to Growth Management Act Page 27 of 44 P:\Community Development\Development Regulations\Title 17 General Provisions\Title 17 UDC General Provisions PC Draft.doc This article is adopted as development regulations pursuant to Chapter 36.70A RCW (Growth Management Act). 17.60.040 Enforcement, authority and administration 1. In order to discourage public nuisances and otherwise promote compliance with applicable code provisions, the City may, in response to field observations or reliable complaints, determine that violations of this title have occurred or are occurring, and may: a. Enter into voluntary compliance agreements with persons responsible for code violations; b. Issue notice and orders, assess civil penalties, and recover costs as authorized by this article; c. 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; d. Allow a person responsible for the code violation to perform community service in lieu of paying civil penalties as authorized by this article; e. 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; f. Suspend, revoke, or modify any permit previously issued by the City or deny a permit application as authorized by this article when other efforts to achieve compliance have failed; and g. 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. 2. 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. 3. 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. 4. In addition to, or as an alternative to, utilizing the procedures set forth in this article, the City 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. Page 28 of 44 P:\Community Development\Development Regulations\Title 17 General Provisions\Title 17 UDC General Provisions PC Draft.doc 5. 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. 6. In administering the provisions for code compliance, the City 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. 7. The City 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 court order, enter at reasonable times any building or premises subject to the consent or court 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. 8. The City may request that the police, appropriate fire district, Spokane Regional Health District, or other appropriate City department or other non-city agency assist in enforcement. 17.60.050 Guidelines for departmental responses to complaints 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. 17.60.060 Procedures when probable violation is identified 1. The City 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 City has reasonable cause to determine that a violation has occurred, the violation shall be documented and the person responsible for the code violations promptly notified. 2. Except as provided in subsection 4 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 City otherwise determines a violation has occurred. The warning shall inform the person determined to be responsible for a code violation of the Page 29 of 44 P:\Community Development\Development Regulations\Title 17 General Provisions\Title 17 UDC General Provisions PC Draft.doc 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 re-inspected within 14 days. 3. 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, 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. 4. Notice and orders should be issued in all cases in which a voluntary compliance agreement has not been entered. 5. The City shall use all reasonable means to determine and proceed against the person(s) actually responsible for the code violation occurring when the property owner has not directly or indirectly caused the violation. 6. If the violation is not corrected, or a voluntary compliance agreement is not entered into within 15 days of notification by the City, a notice and order or stop work order should be issued. Stop work orders should be issued promptly upon discovery of a violation in progress. 17.60.070 Service— Notice and order and stop work order 1. Service of a notice and order shall be made on a person responsible for code violation by one or more of the following methods: a. Personal service of a 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 and order at the person's house of usual abode with a person of suitable age and discretion who resides there; b. Service directed to the landowner and/or occupant of the property may be made by posting the 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; or c. Service by mail may be made for 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 Page 30 of 44 P:\Community Development\Development Regulations\Title 17 General Provisions\Title 17 UDC General Provisions PC Draft.doc the third business day following the day upon which the notice and order was placed in the mail. 2. 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 an appropriate regional or neighborhood newspaper or trade journal. Service by publication shall conform to the requirements of Civil Rule 4 of the Rules for Superior Court. 3. 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. 4. 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. 17.60.80 Training and rulemaking 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. 17.60.090 Obligations of persons responsible for code violation 1. 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. 2. Persons determined to be responsible for a code violation pursuant to a 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, shall be assessed by the City. No civil penalties shall be assessed against such an owner or his or her property interest. 17.60.100 Determination of compliance Page 31 of 44 P:\Community Development\Development Regulations\Title 17 General Provisions\Title 17 UDC General Provisions PC Draft.doc After issuance of a warning, voluntary compliance agreement, 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, notice and order, or stop work order, as well as the complainant, by certified mail, five-day return receipt requested. 17.60.110 Voluntary compliance agreement—Authority 1. 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. 2. A voluntary compliance agreement may be entered into at any time after issuance of a verbal or written warning, a notice and order, or a stop work order and before an appeal is decided. 3. 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. 4. The voluntary compliance agreement shall incorporate the shortest reasonable time period for compliance, as determined by the City. An extension of the time limit for compliance or a modification of the required corrective action may be granted by the City 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 City and person(s) who signed the original voluntary compliance agreement. 5. The voluntary compliance agreement is not a settlement agreement. 17.60.120 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: 1. The name and address of the person responsible for the code violation; 2. The address or other identification of the location of the violation; 3. A description of the violation and a reference to the provision(s) of the ordinance, resolution or regulation which has been violated; Page 32 of 44 P:\Community Development\Development Regulations\Title 17 General Provisions\Title 17 UDC General Provisions PC Draft.doc 4. A description of the necessary corrective action to be taken and identification of the date or time by which compliance must be completed; 5. The amount of the civil penalty that will be imposed if the voluntary compliance agreement is not satisfied; 6. 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 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; 7. 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; 8. 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 9. An acknowledgement that the person responsible for the code violation understands that he or she has the right to be served with a 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 and order or stop work order, and that he or she is knowingly and intelligently waiving those rights. 17.60.130 Failure to meet terms of voluntary compliance agreement 1. 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 and order 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 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 and order or stop work order. Page 33 of 44 P:\Community Development\Development Regulations\Title 17 General Provisions\Title 17 UDC General Provisions PC Draft.doc 2. The City may issue a notice and order or stop work order for failure to meet the terms of a voluntary compliance agreement. 17.60.140 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 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 30 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. 17.60.150 Notice and order— Effect 1. 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. 2. The City is authorized to impose civil penalties upon a determination by the City that a violation has occurred pursuant to a notice and order. 3. Issuance of a notice and order in no way limits the City's authority to issue a stop work order to a person previously cited through the notice and order process pursuant to this article. 17.60.160 Notice and order— Contents The notice and order shall contain the following information: 1. The address, when available, or location of the violation; 2. 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; 3. 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; 4. 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; Page 34 of 44 P:\Community Development\Development Regulations\Title 17 General Provisions\Title 17 UDC General Provisions PC Draft.doc 5. 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; 6. 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; 7. 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; 8. 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; 9. 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; 10. 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; 11. 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; 12. 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; 13. A statement advising that a failure to appeal the notice and order within the applicable time limits renders the notice 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 person responsible for a violation; 14. 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 15. A statement advising that a willful and knowing violation may be referred to the office of the City attorney for prosecution. 17.60.170 Notice and order—Supplementation, revocation, modification Page 35 of 44 P:\Community Development\Development Regulations\Title 17 General Provisions\Title 17 UDC General Provisions PC Draft.doc 1. The City 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. 2. The City may issue a supplemental notice and order, or revoke a notice and order issued under this article: a. If the original notice and order was issued in error; b. Whenever there is new information or change of circumstances; or c. If a party to an order was incorrectly named. 17.60.180 Notice and order—Administrative conference An informal administrative conference may be conducted by the City 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. 17.60.190 Notice and order— Remedies —Suspension, revocation or limitation of permit 1. The City may suspend, revoke, or modify any permit issued by the City whenever: a. The permit holder has committed a violation in the course of performing activities subject to that permit; b. The permit holder has interfered with the authorized representatives of the City in the performance of his or her duties related to that permit; 2. The permit was issued in error or on the basis of materially incorrect information supplied to the City; 3. Permit fees or costs were paid to the City by check and returned from a financial institution marked non-sufficient funds (NSF) or canceled; or 4. 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. a. 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 Page 36 of 44 P:\Community Development\Development Regulations\Title 17 General Provisions\Title 17 UDC General Provisions PC Draft.doc suspension, revocation, or modification may be appealed to the hearing examiner using the appeal provisions of this article. 5. Notwithstanding any other provision of this article, the City may immediately suspend operations under any permit by issuing a stop work order. 17.60.200 Notice and order— Remedies— Denial of permit 1. The City may deny a permit when, with regard to the site or project for which the permit is submitted: a. 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 b. 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. 2. 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 City, 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. 17.60.210 Notice and order— Remedies —Abatement In addition to, or as an alternative to, any other judicial or administrative remedy, the City 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 City 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. 17.60.220 Stop work order—Authority The City is authorized to issue a stop work order to a person responsible for a code violation. Issuance of a notice and order is not a condition precedent to the issuance of the stop work order. 17.60.230 Stop work order— Effect 1. 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. Page 37 of 44 P:\Community Development\Development Regulations\Title 17 General Provisions\Title 17 UDC General Provisions PC Draft.doc 2. 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. 3. A stop work order may be appealed according to the procedures prescribed in this article. 4. 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. 5. A stop work order may be enforced by the City police. 17.60.240 Stop work order— Remedy—Civil penalties 1. 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 17.60.260. 2. 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. 3. Violation of a stop work order shall be a separate violation from any other code violation. 17.60.250 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. 17.60.260 Civil penalties—Assessment schedule 1. 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: a. Notice and orders and stop work orders: b. Basic initial penalty: $500.00 2. Additional initial penalties may be added where there is: a. Public health risk— amount depends on severity: $0—2,500 b. Environmental damage— amount depends on severity: $0—2,500 Page 38 of 44 P:\Community Development\Development Regulations\Title 17 General Provisions\Title 17 UDC General Provisions PC Draft.doc c. Damage to property— amount depends on severity: $0 —2,500 d. History of similar violations (less than three): $500 e. History of similar violations (three or more): $2,500 f. Economic benefit to person responsible for violation: $5,000 3. The above penalties may be offset by the following compliance: a. Full compliance with a voluntary compliance agreement with prior history of zero to one similar violations: $0— 1,500.00 b. Full compliance with a voluntary compliance agreement and a history of two or more prior similar violations: $0— 500.00 4. 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. 5. Civil penalties shall be paid within 20 days of service of the 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. 6. 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, 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 gave rise to the voluntary compliance agreement. 7. Civil penalties assessed create a joint and several personal obligation in all persons responsible for a code violation. 8. 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 and order or stop work order (excluding any appeal) and any civil penalties remain unpaid in whole or in part. 17.60.270 Civil penalties — Duty to comply Page 39 of 44 P:\Community Development\Development Regulations\Title 17 General Provisions\Title 17 UDC General Provisions PC Draft.doc 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. 17.60.280 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 and order, or for failure to comply with the terms of a voluntary compliance agreement, to voluntarily participate in an approved community service project(s) 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. 17.60.290 Civil penalties—Waivers 1. Civil penalties may be waived or reimbursed to the payer by the City under the following circumstances: a. The notice and order or stop work order was issued in error; b. The civil penalties were assessed in error; c. Notice failed to reach the property owner due to unusual circumstances; or d. New, material information warranting waiver has been presented to the City since the notice and order or stop work order was issued. 2. The City shall state in writing the basis for a decision to waive penalties, and such statement shall become part of the public record unless privileged. 17.60.300 Civil penalties—Critical areas 1. 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 Page 40 of 44 P:\Community Development\Development Regulations\Title 17 General Provisions\Title 17 UDC General Provisions PC Draft.doc ecological, recreational, and economic values lost or damaged due to their unlawful action. 2. 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. 3. 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. 4. Violation of critical area provisions of this code means: a. The violation of any provision of SVMC 21.40 Critical Areas, or of the administrative rules promulgated there under; b. The failure to obtain a permit required for work in a critical area; or c. 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. 5. Any person in violation of SVMC 21.40 Critical Areas may be subject to civil penalties, costs, and fees as follows: a. According to the civil penalty schedule under SVMC 17.60.260; 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 b. The greater of: i. 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: 1. The resulting increase in market value of the property; 2. The value received by the person responsible for a violation; 3. The savings of construction costs realized by the person responsible for a code violation as a result of performing any act in violation of SVMC 21.40 Critical Areas; or ii. Code compliance costs incurred by the City to enforce SVMC 21.40 Critical Areas. Page 41 of 44 P:\Community Development\Development Regulations\Title 17 General Provisions\Title 17 UDC General Provisions PC Draft.doc 17.60.310 Cost recovery 1. 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: a. 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 b. 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 c. 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 d. 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. 2. Such costs are due and payable 30 days from mailing of the invoice. 3. 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. 4. 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 any lien provisions authorized by state law. 5. 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 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 and order, a description of the property to be charged with Page 42 of 44 P:\Community Development\Development Regulations\Title 17 General Provisions\Title 17 UDC General Provisions PC Draft.doc 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. 17.60.320 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. 17.60.330 Abatement 1. 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. 2. 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. 3. The City shall seek to recover the costs of abatement as authorized by this chapter. 17.60.340 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. 17.60.350 Judicial enforcement— Petition for enforcement 1. 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. 2. The petition must name as respondent each person against whom the City seeks to obtain civil enforcement. 3. 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. 17.70 Fees and Penalties 17.70.010 Master Fee Schedule Page 43 of 44 P:\Community Development\Development Regulations\Title 17 General Provisions\Title 17 UDC General Provisions PC Draft.doc All fees and penalties for development permits, formal interpretations, violations of provisions of this development code or allowed appeals shall be set forth in the City of Spokane Valley Master Fee Schedule. A copy of this schedule shall be available at the community development department. Page 44 of 44 P:\Community Development\Development Regulations\Title 17 General Provisions\Title 17 UDC General Provisions PC Draft.doc Planning Commission UDC Draft Last updated 8/17/2006 18.10 Planning Commission 18.10.010 Establishment and purpose There is created the City of Spokane Valley planning commission (hereafter referred to as the "planning commission"). The purpose of the planning commission is to study and make recommendations to the mayor and city council for future planned growth through continued review of the City's comprehensive land use plan, development regulations, shoreline management, environmental protection, public facilities, capital improvements and other matters as directed by the city council. 18.10.020 Membership 1. Qualifications. The membership of the planning commission shall consist of individuals who have an interest in planning, land use, transportation, capital infrastructure and building and landscape design as evidenced by training, experience or interest in the City. 2. Appointment. Members of the planning commission shall be nominated by the mayor and confirmed by a majority vote of at least four members of the city council. Planning commissioners shall be selected without respect to political affiliations and shall serve without compensation. The mayor, when considering appointments, shall attempt to select residents who represent various interests and locations within the City. 3. Number of Members/Terms. The planning commission shall consist of seven members. All members shall reside within the City. Terms shall be for a three- year period, and shall expire on the thirty-first day of December. 4. Removal. Members of the commission may be removed by the mayor, with the concurrence of the city council, for neglect of duty, conflict of interest, malfeasance in office, or other just cause, or for unexcused absence from three consecutive regular meetings. Failure to qualify as to residency shall constitute a forfeiture of office. The decision of the city council regarding membership on the planning commission shall be final and without appeal. 5. Vacancies. Vacancies occurring other than through the expiration of terms shall be filled for the unexpired term in the same manner as for appointments. 6. Conflicts of Interest. Members of the planning commission shall fully comply with Chapter 42.23 RCW, Code of Ethics for Municipal Officers; Chapter 42.36 RCW, Appearance of Fairness; and such other rules and regulations as may be adopted from time to time by the city council regulating the conduct of any person holding appointive office within the City. No elected official or City employee may be a member of the planning commission. 18.10.030 Meetings — Rules 1. The planning commission shall every year organize and elect from its members a chair, who shall preside at all meetings of the commission and perform such other functions as determined by rule. A vice chair shall be elected to preside in the absence of the chair. A majority of the commission members shall constitute a quorum for the transaction of business, and a majority vote of those present shall be necessary to carry any proposition. Page 1 of 4 Planning Commission UDC Draft Last updated 8/17/2006 2. The commission shall determine a regular meeting schedule (time, place and frequency) and shall meet at least one time every month. All meetings shall be open to the public. 3. The commission shall adopt such rules and procedures as are necessary for the conduct of business and shall keep a taped record of its proceedings. 4. All hearings before the planning commission shall be conducted in the manner set forth in Appendix B. 18.10.040 Staff support Administrative staff support to the planning commission shall be provided by the City's community development department (hereafter referred to as the "department"). In addition, the commission, through its chair, may request formal opinions or memorandums from the city attorney or community development director (hereafter referred to as the "director") on any pending matter. 18.10.050 Duties and responsibilities The planning commission, as an advisory body to the city council, shall perform and have the following duties and responsibilities: 1. Assist in the preparation of a comprehensive plan and development regulations in compliance with Chapters 36.07A and 35A.63 RCW, including the establishment of procedures for early and continuous public participation in the development and amendment of the comprehensive plan and the development regulations; 2. Review plans and regulations related to land use management, shoreline management, environmental policy, transportation systems, public facilities and capital infrastructure planning and development; 3. Upon request from the city manager or city council, review potential annexations to the City; 4. Where design review is required by land use ordinances of the City, perform such design review unless that review is delegated to some other appointed body or City staff; 5. Identify issues and recommend priorities for geographic sub-areas including park and open space areas in the City; 6. Meet and confer with the hearing examiner to review the administration of land use policies and ordinances to enhance the planning and permitting process; 7. Make periodic written and oral reports to the city council addressing work in progress and other significant matters relating to the City; 8. Hold public hearings in the exercise of duties and responsibilities; 9. Perform such other duties and powers as may be conferred by ordinance, resolution or motion of the city council. Unless otherwise assumed by the city council, the planning commission shall hold all public hearings required to be held in the course of adoption or amendment to the comprehensive plan, the development regulations, adoption or amendment of the zoning map, or adoption or amendment of regulations for the subdivision of land, shoreline management, environmental regulations, and other land use ordinances of the City. Page 2 of 4 Planning Commission UDC Draft Last updated 8/17/2006 18.20 Hearing examiner 18.20.010 Authority The hearing examiner system is established in accordance with the provisions of RCW 35A.63.170, 36.706.120(3) and chapter 58.17 et seq, and SVMC 2.56. 18.20.020 Powers and Duties The hearing examiner shall have the following powers and duties: 1. The examiner will receive and examine available information, make site visits, take official notice of matters, conduct public hearings, prepare a record thereof, and enter findings, decision or recommendations as provided in this section. a. The hearing examiner shall hear the following matters: i. Applications for variances; ii. Conditional use permits; iii. Special use permits; iv. Shoreline Permits, when a public hearing is required; v. Preliminary plats; vi. Appeals from any administrative decision of the department of community development or the building official in the administration or enforcement of the Spokane Valley Uniform Development Code or other land use code or regulation; vii. Appeals on State Environmental Policy Act determinations. viii. Site specific zone changes of property, including any environmental determination (under SEPA); ix. Planned unit developments, including any environmental determination (under SEPA); and x. Any other applications or appeals that the city council may refer by motion or ordinance, specifically declaring that the decision of the hearing examiner can be appealed to the city council. b. All hearings before the hearing examiner shall be conducted in the manner set forth in Appendix B. c. Appeals of any decision of the hearing examiner shall be as is set forth in SVMC 17.50. 18.30 Community Development Director 18.30.010 The director shall have the following responsibilities: 1. To advise the planning commission and the city council concerning matters related to planning and the administration of this code; 2. To implement the provisions of this code in conformance with the directives of the city council and this code; 3. To regularly update the comprehensive plan and official zoning map; Page 3 of 4 Planning Commission UDC Draft Last updated 8/17/2006 4. To make recommendations concerning proposed changes and amendments to zoning regulations and the official zoning map; and 5. To review site plans for conformance with the requirements of this code. 18.40 Building Official 18.40.010 The building official shall have the following responsibilities: 1. To review all plans for construction for conformance with this code and to administer the provisions of building codes adopted by the city council; 2. To make recommendations concerning amendments to the adopted Building Codes; 3. To enforce the provisions of SVMC Title 24— Building Codes. 4. To enforce the provisions of nuisance ordinances in conformance with the requirements of SVMC 7.05. 18.50 Public Works Director 18.50.010 The public works director shall have the following responsibilities: 1. To review all street and drainage construction plans for conformance with this code and to administer the civil engineering construction codes adopted by the city council; 2. To advise the planning commission and the city council concerning matters related to the administration of the civil engineering provisions of the code; 3. To regularly update the Street and Utility Design Standards and the Regional Stormwater Design Standards; 4. To review site plans for conformance with the civil engineering requirements of this code. 5. To oversee the construction of public infrastructure for conformance with the civil engineering provisions of this code. Page 4 of 4