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03-049 - CITY OF SPOKANE vNLLEY SPOKANE COUNTY, WASHINGTON ORDiNANCE NO. 49 AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, WASNINGTON, ADOPTING BY REFERENCE CHAPTER 11.20 ENTITLED "CRITICAL AREAS" OF THE SPOKANE COUNTY CODE AS THE INTERIM CRITICAL AREAS REGULATION OF THE CITY WHEREAS, the City of S~ pokane Valley will ' incorporate on March 31, 2002; WHEREAS, the City of Spokane Valiey de- sires to have enforceable critical areas regula- tions in effect on the date of incorporetion; and WNEREAS, the C+ty intends to embark on a comprehensive planning process including revisiting adopted interim po6cies and regula- tions aher the date of incorporetion when addi- ~ tional planning staff are avadab{e to tfie City. ~ NOW, THERfFORE, the City Council of the i City of Spokane Valley, Washington, do ordain ( as follows: sectioa A. Interim _rfitical Atear_Regula- *Federal Tax ID No. 91-0420030 tions. Pursuant to RCW 35A_11.020 and ton 11.20 enttld i~he~~~c~i `~are s`~osn AFFIDAVIT OF PUBLICATION Spokane Counry Code ("Critical Areas Requtations'~ which is attached hereto as Exhib- it 'A° and incorporated by this reference as STATE OF WASHINGTON though set forth in iuA. All references to "Spokane County" in Chapter 11.20 shell be County of Spokane, SS. construed to refer to the Ciry of Spokane Valley. seeian zMoQUon DI certain otner Name: City of Spokane Valley Acct: C042365 Laws. To the extent that any provision of 1he Spokane County Code, or any other law, rule or regulation referenced in the attached critical 1 P.~.: Ordinance No. 49 NO. Lines: 103 areas is necessary or convenient to establish ' the validity, enforceabiliry or interPretation of the critiral areas, then such provision of the Spokane Counry Code, or other lew, rule or TOt1l COSt: $ 83.81 Log No: SR5233 regulation is hereby adopted by reference. Section 3. Reference_ta_Hearing Bodies. ~ Jill Leon When the attached Critical Areas Regulations , g refer to planning commissions, board of ap- do solemnly swear that I am the Principal Clerk of the SPOKESMAN- ~«dyeats,, hearing examiner, or any oiher similar the CitY Council shall serve in all such REVIEW, a newspaper established and regularly published, once roles, but retains the right to establish any one or more of such bodies, at anY cime and vAcn- each day in the English language, in and of general circulation in the out regard to whether any quasi-judicial or oth- er rnatter is then pending. ' City of Spokene, Spokane County, Washington; and in the City of section_4 criti~l kea~~opiesQn Fue. Coeur d'Alene, Kootenai County, Idaho; that said newspaper has The City Clerk is to mainiain one copy on file been so established and regularly published and has had said general of the Critical Areas Regulations adopted by cnis ordinence. - circulation continuously for more than six (6) months prior to the 23rd Seefian _s. LiahililX. The express intent of day of July, 1941; that said newspaper is printed in an office tne city of spokene veiiey is cnat the resPonsi- , bility for compl,ance with the provisions of this maintained at its place of publication in the City of Spokane ordinance shall rest with the permit applicant Washington; that said newspaper was approved and designated as a and their agents. This ordinance and its provi- sions are adopted with the express intent to legal newspaper by order of the Superior Court of the State of protect the health, safety, and wetfare of the general public and are not intended to protect Washington for Spokane County on the 23rd day of July, 1941, and any partFCUlar ~lass of individuats o► organizations. that said order has not been revoked and is in full force and effect• , SectiQrt 6. Sevstabilit}r_ If any section, ee,- that the notice attached hereto and which is a part of the proof of tence, clause or phrase of this ordinance shall publication, was published in said newspaper, one time(s), the be held to be invalid or unconstiiutional by a court of competent jurisdictian, such invalidity publication having been made once each time on the following dates: or unconstitutionality shall not affect the validi- ty or constitutionality of any other section, sen- tence, clause or phrase of this ordinance. M2t'CFl ZT, 2003 Sectlon 7. Effecli+re Date. This Ordinance shall be in full force and effect on the official date of incorporation provided publication of this Ordinance or a summery thefeot occurs in the otficial newspaper of the Ciry as provided ~ b'' la"'. Subscribed and sworn to bef re me at the Ci of Spokane, this 27 PASSED by the City Council this 11th day. de~/ of Mel'CII, 2003 of March, 2003. !s/ Michael DeVleming Mayor yC \SS~O/~/ ATTEST: ~ /s/ Ruth Muller Interim City Clerk SR5233 otary Public in and for the State of Washington, f~NO r Q i; residing in Spokane County, Washington JV TARV m; `:%-PUBLIC Lp~ wASH~N~,~ CITY OF SPOKANE VALLEY SPOKANE COUNTY, WASHINGTON OIZDINANCE NO. 49 AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, WASHINGTON, ADOPTING BY REFERENCE CHAPTER 11.20 ENTTTLED "CRITICAL ARE.,~S'° 01-- THE SPOKANE COiTNTY CODE AS THE INTERIM CRITICAL AREAS REGULATION OF THE CTTY. WHEREAS, the City of Spokane Valley will i.ncorpora.te on March 31, 2002; WHEREAS, the City of Spoka.ne Valley desires to have enforceable critical areas regulations in effect on the date of i.ncorporation; and WHEREAS, the City intends to embark on a comprehensive plaiuiing process includillg revisiting adopted interim policies and regulations after the date of incorporation when additiona] planning staff are ava.ilable to the City. NOW, TTIEREFORE, the City Council of the City of Spokane Valley, Washington, do ordain as follows: Section 1. Interim Critical Areas ReRulations. Pursuant to RCW 35A.11.020 and 3 SA.12.140, the City adopts by reference Section 11.20 entitled the "Critical Areas" of the Spokane County Code ("Critical Areas Regulations") which is attached hereto as Exhibit "A" and incorporated by this reference as though set forth in full. All references to "Spokane County" in Chapter 11.20 shall be construed to refer to the City of Spokane Valley. Section 2. Adoption of Certai.n Other Laws. To the extent that any provision of the Spokane County Code, or any other law, rule or regulation referenced in the atta.ched critical areas is necessary or convenient to establish the validity, enforceability or interpreta.tion of the critical areas, then such provision of the Spokane County Code, or other law, rule or regulation is hereby adopted by reference. Section 3. Reference to Hearina Bodies. When the attached Critical Areas Regulations refer to planning commissions, board of appeals, hearing examiner, or any other similar body, the City Council shall serve in a11 such roles, but retains the right to establish any one or more of such bodies, at any time and without regard to whether any quasi judicial or other matter is then pending. . ; Section 4. Critical Areas - Copies on File. The Ci?,.~- I ~ file of the Critical Areas Regulations adopted by this ordinanct_-. Section 5. Liabilitv. The express intent of the City of Spokane Valley is that the responsibility for compliance with the provisions of this ordinance shall rest with t,he permit applicant and their agents. This ordinance and its provisions are adopted with the express intent Ord. No. 49 3/8/2003 1 to protect the health, safety, and welfare of the general public and are not intended to protect any particular class of individuals or organizations. Section 6. Severabilitv. If any section, sentence, clause or phrase of this ordinance shall be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality sha11 not affect the validitv or constihltionalitv of an-v other section, seTltence, clause or Phrase of this ordinance. Section 7. Lffective Date. This Ordina.nce shall be in full force and effect on the official date of incorporation provided publication of this Ordinance or a summary thereof occurs in the official newspaper of the City as provided by law. PASSED by the City Council this da.y of March, 200 C~ Mayor, Michael DeVlem~ng ~ ATTEST: Interim City Clerk, Ruth Muller ZO)7 Appraved as to Form: te ' City o ey, S ey M. Schwartz Da e of Publica ion: . Effective Date: a-e-)t::>-3 I Ord. No. 49 3/8/2003 2 J