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2004, 02-24 Regular Meeting
AGENDA SPOKANE VALLEY CITY COUNCIL REGULAR MEETING Tuesday, February 24,2004 6:00 P.M. CITY HALL AT REDWOOD PLAZA 11707 Fast Sprague Avenue,First Floor Council Requests All Electronic Dc ices be Turned Off During Council Meeting CALL TO ORDER PLEDGE OF ALLEGIANCE INVOCATION: Pastor Manuel Denning,Fountain Ministries ROLL CALL APPROVAL OF AGENDA INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS COMMITTEE, BOARD, LIAISON SUMMARY REPORTS MAYOR'S REPORT: PUBLIC COMMENTS For members of the Public to speak to the Council regarding matters NOT on the Agenda Please state your name and address for the record and limit remarks to three minutes. I. PUBLIC HEARING: Proposed Title Transfer. Opportunity Township Hall 2.CONSENT AGENDA Consists of items considered routine which are approved as a group. A Councilmcmher may remove an item from the Consent Agenda to be considered separately. a. Approval of Regular Council Meeting Minutes of February 10.2004 b. Approval of Council Study Session Meeting Minutes of February 17, 2004 c.Approval of Claims in the amount of 5317.448.61 d Approval of Payroll for 2115/2004 in the amount of$100,051.29 c. Resolution 04-004 Refreshment Policy f. Approval of Investment Fiscal Policy NEW BUSINESS 3. Proposed Resolution 04-003 Authorizing Conveyance of Opportunity Township Hall-Mike Jackson [public comment] 4.Second Reading Proposed Towing Ordinance 04-001 -Cary Driskell [public comment] 5.Second Reading Proposed Flood Plain Ordinance 04-004-Marina Sukup [public comment] 6.First Reading Proposed Storrnwater Ordinance 04-007- Stanley Schwartz [public comment] 7. First Reading Proposed Amendment Sign Code Ordinance 04-008, Institutional Uses-Scott Kuhta [public comment] 8.First Reading Proposed Amended Junk Vehicle Ordinance 04-009-Cary Driskell [public comment] 9.First Reading Proposed Building Code Ordinance 04-010(IBC)-Tom Scholtens[public comment] 10. First Reading Proposed Sidewalk Ordinance 04-011 -Stanley Schwartz [public comment] Council Agenda(12-24.4)4 Regular Meeting ('age t of 2 11.Mayor Appointments,Council Confirmations- Mayor DeVleming [public comment] PUBLIC COMMENTS(Maximum of three minutes please; state your name and address for the record) ADMINISTRATIVE REPORTS: (no public comment) 12. Proposed Amendment to Nearing Examiner Ordinance-Stanley Schwartz 13.Compliance Regulation Discussion-Marina Sukup 14. Discussion Proposed Ordinances to Amend Ordinance 40&41 (Building&Fire Code).-Tom Scholtens 15. Senior Citizen Bus-Mike Jackson INFORI4LATION ONLY: [no public commenl1 16. Planning Commission Minutes of January 22, 2004 (includes discussion of building code issue) 17. Spokane Public Library Report 18 Departmental Monthly Reports AIIJOURNMEN°T FUTURE SCHEDULE Regular Council.31eetings are generally held 2nd and 44 Tuesdays, beginning at 6:00 p.m. Council Study Sessions are generally held 1", 3''and 5th Tuesdays, beginning at 6:00 p.m. Other UDCOnIitte Meeiinrs/Events: March 2, 2004-Regular Meeting 6:00 p.m. March 9. 2004-No Meeting Alarch 16, 2004-Study Session, 6:00 p.m. March 27, 2004-Mayor's Ball, Mirabeau Hotel NCiTICI: Individuals planting to attend the meeting who require special asristnnce to accommodate physical,heanng,or other impairments,please contact the City Clerk at(509)921-I000 as soon as possible fo that arrangements may be made. Council Agenda 02.2444 Regular Meeting Page 2 at 2 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: February 24, 2004 City Manager Sign-off: Item: Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing ❑ information ❑ admin. report ❑ pending legislation AGENDA ITEM TITLE : Resolution Providing for the transfer of Opportunity Township Hall to the Spokane Legacy Foundation GOVERNING LEGISLATION: City Ordinance 03-071, RCW 39.33.010 and Interlocal Agreement PREVIOUS COUNCIL ACTION TAKEN: Reviewed in Study Session BACKGROUND: Opportunity Township Hall was transferred by the County to the City through Interlocal Agreement. The Spokane Legacy Foundation has requested the property be conveyed to the Foundation for use as a museum that will display historical artifacts and provide cultural information on the Spokane Valley. The attached Resolution provides for the transfer of the property upon certain conditions to the Foundation. If the conditions are not fulfilled the L i property will be reconveyed to the City. OPTIONS: Approve or deny Resolution • RECOMMENDED ACTION OR MOTION: BUDGET/FINANCIAL IMPACTS: Opportunity Township Hall does not produce significant revenue for the City. STAFF CONTACT: ATTACHMENTS Resolution 04- DRAFT MINUTES City of Spokane Valley City Council Regular Meeting Tuesday, February 10, 2004 Mayor DeVleiniruL called the City of Spokane Valley Regular Meeting to order at 6:00 p.m., and welcomed everyone to the 36th official meeting_ Attendance: Councilmem tiers: Staff: Michael DeVleming, Mayor Dave Mercier, City Manager • Diana Wilhite, Deputy Mayor Nina Regor, Deputy City Manager Dick Deneiiny, Councilmember Stanley Schwartz, City Attorney Mike Flanigan, Councilmember Cary Driskell, Deputy City Attorney Richard Munson, Counci]rnember Ken Thompson, Finance Director Cary Scliimmels, Councilmember Marina Sukup, Community Development Director Steve Taylor; Councilmember Cal Walker, Police Chief Kevin Snyder, Current Planning Manager John .1.4ohman, Senior Development Engineer • Torn Sc]roltens, Building Official Sue Pearson, Deputy City Clerk Chris Bainbridge, City Clerk PLEDGE OF ALLEGIANCE.; Mayor DeVleming led the Pledge of Allegiance. INVOCATION! Pastor Darrell Cole of the Spokane Valley Wesleyan Church gave the invocation. ROLL .LL: City Clerk Bainbridge called roll. All councilmembers were present. APPROVAL OF AGENDA: City Manager Mercier stated he would like to add two iteins to the agenda: as item 11a; Weed and Seed Grant Program Presentation by Police Chief Walker; and as item 11b; Clarification of Staff Role at Councilnoint Planning Commission meetings. Mayor DeVleming also announced he would like to move item #11 immediately prior to item �7 as the first Administrative Report ft wa& rowed by Deputy Mayor Fake and seconded by Calmeilmember Denenny to approve the agenda as amended. Roll Call Vote: in _Favor: Unanimous. Opposed.- None. balenuions: None, Motion Carried • MMITTi✓1�+.BOARD,LIAISON SUMMARY REFORTS: Councilmember Flan gcrr reported that he and Mayor DeVleming attended the Commuter Trip Reduction Recognition Awards Luncheon in January; he and most Councilmembers also attended the legislative session in Olympia a few weeks ago; and last week he addressed a student class at Goncaga Prep concerning what is involved in forming a new city; he and most Councilmembers also attended last night's Pizza with the Mayor at Central Valley High School. Coy ncilrneinber Munson stated he attended the Association of Washington Cities' Board of Directors meeting at which time an election was held for a number of different positions within the Board; the Board discussed initiative 864 which if passed would reduce income of municipalities by 25% in property taxes alone; and that the Board will oppose the imposition of this initiative. MAYOR'S REPORT! Mayor DeVleming reported that the 'Conversations with the Community" are being well received, and the next 'conversation" will be held April 14 at the Senior Center. Mayor DeVleming also reported that the Pizza with the Mayor is also going well and he expects to formalize a student advisory council in the next few months and to have that council functional by next fall. Additionally, the Spokane County Library District is working on capital facilities planning and Council Council Minu[es 42-I0-04 ]'age 1 of 6 Dais Approved by Councl I; DRAFT seeks a representative from the community to be a part of that committee, and that applications will be available at City Hall's reception desk. PUBLIC COMMENT: Doyle Knight, 3750 N. Deer Lake Road: Said he is the Chair for District #4 Washington Tow Truck Association, and suggested having private impound signs in the Spokane Valley City; he stated that those businesses outside the City can come into the Spokane Valley and have their public signs put in without having to have a license or an office within the City of Spokane Valley; that there are businesses already in Spokane and outside the city that have signs in their private parking lots and they would like to have those remain without having to have an impound lot and an office within the City limits of Spokane Valley. 1. CONSENT AGENDA: After City Clerk Bainbridge read the Consent Agenda, it was moved by Councilmember Munson and seconded by Deputy Mayor Wilhite to approve the Consent Agenda as presented. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried. NEW BUSINESS: 2. First Reading Proposed Flood Plain Ordinance 04-004 After City Clerk Bainbridge read the Ordinance title, it was moved by Mayor.DeVleming and seconded by Councilmember Munson to advance Ordinance 04-004 to a second reading. Community Development Director Sukup gave background on the reasons for this ordinance, highlighted the provisions of the ordinance, and stated that Cities are required to approve an ordinance signifying the City's intent to participate. She also mentioned FEMA suggested two changes: Section 5.06.08.3(2)(ii) to change the word "designed" foundation system to "anchored" foundation system; and to change Section 5.06.10(2) last line from "shall not" be included in the 50 percent, to "may" be included in the 50 percent. Discussion ensued regarding Mr. Dingfield's January 22, 2004 letter and his suggested changes, in particular, changing Section 5.06.11(2) from "flood-proofing certified by a professional civil engineer"to "flood proofing to withstand 100-year flood flows and velocities, and be prepared [and stamped] by a registered professional engineer." Senior Development Engineer John Hohman said that staff met with Mr. Dingfield and discussed this issue; that staff recommends keeping the word "certify" as it is taken from the Washington Model Ordinance which was drafted by FEMA and the Department of Ecology; additionally, staff will recommend that Mr. Dingfield share his concerns with FEMA and DOE. Mr. Hohman also stated that certification would be in reference to the completed analysis staying within current engineering practice, and not that the structure in question would be free from flooding concerns; he added that other jurisdictions use the certification language. Mayor DeVleming asked if the stated requirements refer to the flood map, and staff assured council staff would clarify that issue. Mayor DeVleming invited public comment. Public Comment: Richard Behm, 3626 S Ridgeview Drive: stated he has worked on various committees dealing with floodplain issues; he filed the citizen's appeal to FEMA on the Chester Creek floodplain which started the revision to the floodplain map; that there were errors in Ms. Sukup's presentation; that the FIRM should have been completed by March of this year and he received word that it will be completed in August; that staff indicated FEMA helped in the draft of the Ordinance but he saw no indication of that; and that language should be included so that future revisions to the FIRM are automatically developed and thereby avoid the need for future ordinance amendments; that staff suggested there are 80 residential and four commercial properties affected; but in the area of Dishman Road between 2'd and 9th Avenue, there are 12 commercial properties involved in the floodplain as are the approximate 20 manufactured homes located in Mica Park as well as numerous other areas and residences. Community Development Director Sukup explained that she and staff have discussed and work with members of FEMA and the DOE concerning this ordinance. It was suggested to staff that rather than specify a number of residences and businesses that will be affected, to change the verbiage to state that Council Minutes 02-10-04 Page 2 of 6 Date Approved by Council: DRAFT there will be a number of businesses and residences affected as reflected on the FIRMA map. Ms. Sukup said that staff and FEMA realize there are some errors on the map. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried. 3. First Reading Proposed Ordinance 04-005 Amending Ordinance 35, Planning Commission After City Clerk Bainbridge read the ordinance by title, it was moved by Cotntcilmember Munson and seconded by Deputy Mayor Wilhite to suspend the rules and approve Ordinance 04-005. Community Development Director Sukup explained that the Planning Commission reviewed the Rules of Procedures and the provisions of Ordinance 35 and recommend the stated change for annual elections rather than bi- annual elections; and that other changes proposed are housekeeping in nature. Mayor DeVleming invited public comment. Bill Cothnnann, 10010 East 48th, Planning Commission Chair: stated the reason for this suggested change is that the ordinance and the rules were inconsistent; and that other jurisdictions call for annual elections. Vote by Acclamation:In Favor: Unanimous. Opposed:None. Abstentions: None. Motion carried. 4. Motion Consideration: Library Services Agreement. It was moved by Mayor DeVleming and seconded by Counciln2ember Munson to approve the Library Services Agreement. Deputy City Manager Regor explained the changes in the document, the total value of base services, and the subsequent steps necessary in regard to this agreement. Mayor DeVleming invited public comment; none was offered. Vote by Acclamation:In Favor: Unanimous. Opposed:None. Abstentions: None. Motion carried. 5. Motion Consideration: Tourism Promotion Area Interlocal Agreement. It was moved by Mayor DeVleming and seconded by Councibnember Denenny to approve the Tourism Promotion Area Interlocal Agreement. City Attorney Schwartz explained the contents of the agreement and highlighted the disestablishment and termination provisions. Mayor DeVleming invited public comment. James Sloane, of Paine Hamblen, Attorneys for the Spokane Hotel/Motel Association: stated he supports the agreement, and added that only the hotels that will be subject to this assessment will be able to initiate the process; they have done that and are satisfied the petition is valid, and it will be considered by the • Board of County Commissioners. Ron Anderson, President Hotel/Motel Association, 810 N Fairway Court, Liberty Lake: represents all hotels in the County and in the City; that occupancy countywide is down, appreciates the outreach, and appreciates Council's consideration in this matter to assist the industry. Harry Sladich, Sterling Hospitality, 8923 E. Mission: extended thanks for Council's consideration in this matter; noted that the hoteliers have a problem, this is a proposed solution which must be approved by the County Commissioners. Dean Feldmeier, 438 W. 2151, represents the Doubletree downtown: supports the proposal and urges Council support; feels especially with the sunset clause that the risk would be small and the benefit large. Jim Dean, 8614 N Sally Court: said he was recently elected chair of the Spokane Regional Convention Visitor's Bureau, is a banker and endorses this endeavor. Dan Zimmer, 16609 Fairview Court: said he is excited about this endeavor and looks forward to moving this forward to aid in the marketing of this region. Council Minutes 02-10-04 Page 3 of 6 Date Approved by Council: DRAFT Jeff Fox, General Manager for Mirabeau Park Hotel, 1100 N Sullivan Road: said he is satisfied with the sunset provision, the hotel occupancy countywide is not good and this should help with jobs, tax base, and also help area restaurants and shopping. Tony Lazanis: suggests caution, feels the Valley will get very little benefit from this and the hotels should promote their own properties. Julie Prafkey, represents Spokane Valley Chamber: said the Chamber supports the establishment of the TPA and the Board of Directors approves this endorsement. Liz Beck, Super 8 General Manager: said she has been involved in the TPA from the beginning and supports this change to improve the industry. Council discussion then ensued concerning new taxes,the sunset provision, the support of the agreement, the Board of County Commissioners' oversight of the proposal and budget, and that non-elected individuals should not have authority over this organization. Vote by Acclamation: In Favor: Mayor DeVleming, Deputy Mayor Wilhite, Councilmembers Schitnmels, Taylor, and Denenny. Opposed: Councihnembers Munson and Flanigan. Abstentions:None. Motion carried. Mayor DeVleming called for a short recess at 7:50 p.m.; and reconvened the meeting at 8:05 p.m. 6. Mayor Appointments/Council Confirmation. It was moved by Mayor DeVleming and seconded by Councilmember Munson to accept the following Mayoral committee appointments: Councilmember Schimmels to the SCRAPS (Animal Control) Task Force, Deputy Mayor Wilhite to the Spokane County Library Task Force, and Councilmember Munson to the International Trade Alliance. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Abstentions:None. Motion carried. PUBLIC COMMENT: Betty Simmons, immediate past president of the Washington Tow Truck Association; said she wanted to speak regarding the towing ordinance and the problems with not being able to tow within the City limits and private property impounds. 1 I. Proposed Towing Discussion. Deputy City Attorney Driskell said he spoke with a member of the City Police Department, to a member of the Washington State Patrol, and to several tow operators within and without the City; and that one issue remains, i.e., whether the City Council wants to include tow operators doing private impound within the tow ordinance. Attorney Driskell said previous discussion involved public impounds, and in those instances when police would direct that a vehicle be taken, we would not want that vehicle taken to a tow yard outside the City of Spokane Valley. Attorney Driskell said that at the time of that discussion, he had not differentiated between a private and public impound; and after the first reading, he received numerous calls from concerned businesses located outside the City limits stating they felt there would be no reason to require those businesses to have an impound yard within the City of Spokane Valley if they were not doing public impounds; hence, tonight's issue is does the City Council want to include private impounds with the public pounds. Attorney Driskell explained that an example of a private impound is any tower not located within our City, who would contract with a business here, post a sign stating no illegal parking, and that if a vehicle were towed it would be done by a different company. Attorney Driskell said our insurance carrier, WCIA, indicated that we should have one million dollars coverage. Deputy Mayor Wilhite said she believes in free enterprise and has no objection to allowing private enterprise to select whomever they feel would be best to tow illegally parked vehicles from their property. Councilmember Taylor said we need to allow businesses a choice of private sector, and Councilmember Denenny agreed that we should not interfere with private business practices. Discussion continued regarding this issue and Council stated concern with privately impounded vehicles being towed by Council Minutes 02-10-04 Page 4 of 6 Date Approved by Council: DRAFT properly licensed establishments; if private impounds should be addressed in this ordinance; liability issues if we fail to regulate the private impounds; and that this ordinance addresses public towing and council can always change it later to address private towing. It was council consensus that there is no objection for this initial towing ordinance to focus on public towing. Attorney Driskell said he would see if it would be feasible to add a clause concerning anyone doing a tow must meet state licensing requirements. 7. Walgreen's Public Access Easement Discussion. Current Planning Manager Snyder explained the proposal as suited in his February 10, 2004 Request for Council Action. After brief discussion of the proposal, it was Council consensus to place this matter for resolution consideration on the February 17`x'Agenda. 8. Considerations in Stormwater Regulations. City Attorney Schwartz summarized the contents of a draft Stormwater ordinance and explained that these regulations would be keeping with Section 208 of the Clean Water Act, and that the purpose is to protect property and water resources. Council concurred to bring this matter forward on the 24th Agenda. 9. Sidewalk Responsibility Discussion. After City Attorney Schwartz explained the purpose and issues connected with the proposed sidewalk ordinance, it was Council consensus to bring this matter forward on the 24th Agenda. It was moved, seconded and no objections were noted, to extend the meeting to 9:15 p.m. 10. Proposed Franchise Ordinance for One-EiGHTY Networks Discussion. Deputy City Attorney Driskell explained the difference between the old language and new proposed language in Section 4, 44 and stated that One-EIGT-ITY representatives have no issue with the change as it is minor. Deputy Driskell added that he will send letters to EMAN and Columbia, but does not anticipate any changes forthcoming in those ordinances and any changes that might be made, could be made through a letter of agreement. It was Council consensus that this item will be moved forward for the February 17th agenda. 1 ia.Weed and Seed Grant Program. • Police Chief Cal Walker explained that there is an opportunity for a Weed and Seed grant, and that these grants are used to "weed"out specific issues and "seed" it with self-sustaining programs with the help of federal funds. Chief Walker said this new project is for the Central Valley Area, that a meeting will be held Friday to identify youth and business and other members of the community who are unemployed or under-employed, and this program will help build or elevate skills to aid in community employment. 1l b.Clarification of Staff's Role in Joint Council/Planning Commission Meetings. City Manager Mercier explained that there is a desire for role clarification for staff as it moves forward working with the Council and Planning Commission on issues such as the couplet, and visioning. It was moved, seconded and no objections were noted, to extend the meeting another ten minutes. Mr. Mercier said the issue for consideration is should staff attend those meetings as facilitators or participants, as it was mentioned that staff might make more contributions in a position other than facilitator. Councilmember Munson said perhaps we are not tapping the expertise of staff in having staff facilitate these meetings rather than join in the discussion. Councilmember Schimmels said he feels comfortable with the staff in the advisory position and is happy with the way it has been handled; Mayor DeVleming also indicated his satisfaction with the current format. It was Council consensus to keep staff as facilitator so not to have any unattended affect on the topic. Council Minutes 02-10-04 Page 5 of 6 Date Approved by Council: DRAFT OTh ER BUSINESS: Deputy Mayor Wilhite asked to be excused from the March 2 council meeting. It was moved by Councilmember Taylor, seconded and no objections were noted, to excuse Deputy Mayor Wilhite from the March 2 Council meeting. It was moved, seconded,and unanimously agreed upon to adjourn. The meeting adjourned at 9:25 p.m. Mike DeVleming, Mayor A1-1 LST: Christine Bainbridge, City Clerk • Council Minutes 02-10-04 Page 6 or 6 Date.Approved by Council: DRAFT MTNTUTE S City of Spokane Valley City Council Study Session February 17,2004, 6:00 p.m. Attendance: Councilmembers: Staff: Michael DeVleming, Mayor Dave Mercier City Manager Diana Wilhite, Deputy Mayor(arrived late) Nina Regor, Deputy City Manager Dick Denenny, Councilmember Ken Thompson, Finance Director Mike Flanigan,Councilmember Neil Kersten,Public Works Director Richard Munson, Councilmember Cal Walker, Police Chief Gary Schimmels, Councilmember Mike Jackson, Parks &Recreation Director Steve Taylor, Councilmember Cary Driskell,Deputy City Attorney Marina Sukup, Community Development Director Torn Scholtens, Building Official Kevin Snyder, Current Planning Manager Sue Pearson, Deputy City Clerk Chris Bainbridge, City Clerk Mayor DeVleming opened the meeting at 6:00 p.m.,welcomed all in attendance, reminded everyone that this is a study session and there will be no public comments, and requested that all electronic devices be turned off for the duration of the meeting. Q1. Walgreen's Public Access Easement. Current Planning Manager Snyder explained the proposal as outlined in his accompanying document, said that the area is currently under construction, and this easement will provide an additional five foot wide public access along the southern property line which will increase vehicle maneuvering while using the public alley. It was moved by Mayor DeVleming and seconded by Councilmember Taylor to approve the resolution accepting public access easement from Wa'green's. Mayor DeVleming invited public comment; none was offered. Vote by Acclamation: In favor: Unanimous. Opposed: None. Abstentions: None. Motion carried. 2. Proposed Franchise Ordinance One-Eighty—Second Reading, After City Clerk Bainbridge read the ordinance by title, it was moved by Mayor DeVleming and seconded by Councibnember Flanigan to approve Ordinance 04-006. Deputy City Attorney Driskell explained that this would be the third fiber optic franchise to have facilities in Spokane Valley, and if approved, would essentially be identical to those granted to EMAN Networks and Columbia Fiber with the exception of one difference, and rather than bring those other franchise ordinances back, staff will draft a letter of understanding with the other two franchisees. Mayor DeVleming invited public comment; none was offered. Vote by Acclamation: in favor: Unanimous. Opposed: None. Abstentions: None. Motion carried. • 3. Proposed Amended Junk Vehicle Ordinance. Deputy City Attorney Driskell explained that Council adopted the Junk Vehicle Ordinance (Ordinance 03-067) September 23, 2003. Attorney Driskell said that staff has prosecuted various cases and found that it would be helpful in compelling citizens to abate junk vehicles if there were a section concerning voluntary compliance. Additionally, Attorney Driskell said that the Hearing Examiner has also requested CJ clarifying some language in the appeal provisions. After brief council discussion on item #H, Council concurred to place this on the next agenda for council consideration. • • - Study Session Minutes 02-17-04 Pan 1 of 3 Date Approved by Council: DRAFT 4. Opportunity Township Hall resolution Language Discussion Parks & Recreation Director Jackson went over the provisions of the resolution. Councilmember Schimmels asked about pledging assets in reference to #4, and City Manager Mercier mentioned the conveyance document will be a deed. [Deputy Mayor Wilhite arrived.] It was Council consensus to bring this document forward to the February 24 agenda. 5. Senior Center Bus Parks & Recreation Director Jackson explained that in 1999, the Spokane Valley Senior Citizen's Association donated a 17 passenger bus to Spokane County, that the County later transferred the bus back to the Seniors (effective date March 1, 2004); that we are currently providing the driver, but once the bus is owned by the Association, our insurer recommends against a city employee driving it. Director Jackson said that the Senior Citizen Association requested that the City continue to fund the cost of a bus driver for the Tuesday and Thursday bus routes for 2004. In addition, Mr. Jackson received a letter that the Senior board president may change, which could change the Senior's desired outcome in this issue. Director Jackson will gather more information and report back to council as information becomes available. • 6. Refreshment Policy Draft. Finance Director Thompson explained that the City often provides refreshments and light meals prior to, during and/or after City meetings, and that the State Auditor's Office has advised that a formal policy regarding this practice is preferred. It was Council consensus to place this resolution on the next council consent agenda. 7. Fiscal Policy Investment Review Finance Director Thompson stated that he recommends we increase the 25% limitation investment with a single financial institution, to 50%when collateral is pledged to secure the investment and the collateral is held by a third party. Mr. Thompson explained that this increase will result in greater investment earnings with very little change in risk. It was Council consensus to place this resolution on the next council consent agenda. 8. Barker Bridge Project Public Works Director Kersten reported that last October, the Bridge Replacement Advisory Committee selected the Barker Road Bridge project for funding, and that in January, staff received notice that the Federal Highways Administration accepted that recommendation to fund the project; and that although typical funding is at 80%, this project will be provided at 100% federal reimbursement, which is because of credits received due to the operation of the State of Washington ferry system in the Puget Sound area. Director Kersten explained that this would result in a budget savings of$1,620,000. Director Kersten added that construction is slated to start next summer and the design is still being explored. 9. Proposed amended Sign Code Ordinance,Institutional Uses. Long Range Planner Kuhta explained that this change is prompted by a request by Valley Hospital for them to have greater flexibility for hospital signage, and to separate hospitals from other current uses. Mr. Kuhta reported that the Planning Commission recommends not separating hospitals from other public uses in the UR-22 zone. After further discussion concerning the size of signs and criteria for zoning code amendments, it was council consensus to bring this matter forward on the 24a agenda. 10. Signage Issues Community Development Director Sukup said that the County went through a process of amending their - sign ordinance with the primary affects to prohibit off-premise advertising; that an election was held to determine if billboards and current signs should be amortized, which vote passed by 56-44%. Director Study Session Minutes 02-17-04 Page 2 of 3 Date Approved by Council: DRAFT Sukup said the Valley precincts were consistent. Discussion then ensued regarding wall signs, free \ / standing signs, off and on-premise signs, and what is and is not allowed on highways. Mayor DeVleming recommended staff explore the litigation rules and also that he would like to have some public hearings on this issue. Other councilmembers concurred in getting public input. Councilmember Denenny suggested starting over as there are many changes in this community and he feels the voters would have different views now. Mayor DeVleming indicated he would like a summary of the approximate 200 sign code violations handed to us last spring from the County. It was Council consensus to bring this matter back for further discussion in March. I I. STA Board Status Report. Councilmembers Denenny and Munson gave a status report on the STA Board. Councilmember Denenny said this issue is being handled through formation of a task force headed by Al French. Councilmember Denenny showed a map of the area encompassed by the Public Transportation Benefit Area, and also a map of the areas not served; and continued briefing council on the remainder of his PowerPoint Presentation. Councilmember Denenny ended by reminding everyone of the next meeting of the Board scheduled for the 251h where they will hold discussions concerning placing this issue on an upcoming ballot. 12. Advance Agenda Additions. Mayor DeVleming highlighted recently added items to the advance agenda; and City Manager Mercier added that a June 26 retreat date was also added. In response to questions concerning the business licenses, Finance Director Thompson said that Microflex sent out mailings and is putting information into a database; and that a decision needs to be made sometime concerning whether to charge a fee for business licenses. That issue is slated for further discussion in May. • 13. Council Check-In. City Manager Mercier asked Council if they had any items to share to improve overall effectiveness. Councilmember Flanigan asked to be notified when staff gives interviews for newspaper articles. 14. City Manager Comments. City Manager Mercier reported that he will meet with the Use Attainability Analysis Committee on February 26 at 6:30 p.m.;that this is a group of users who were composed to review the work of DOE and others in reviewing the capacity of the Spokane River concerning accepting waste discharges. Mr. Mercier said the DOE is looking at the Total Maximum Daily Load (TMDL) of the river basin and that the study will have major consequences for all those dependent upon using the river as discharge for wastewater effluent. The meeting will be held at the Public Health District Office downtown. On other issues, Mr. Mercier said we now have the capacity to add software to the laptops which will provide for a virtual private network so council will be able to take their laptop home, plug it in and have full access to the network system here. Mr. Mercier added that he is checking licensing issues to see if the software can also be loaded on personal computers. Mr. Mercier also reminded Council of the Joint Council/Planning Commission meeting scheduled for Monday. There being no further business, the meeting adjourned at 8:00 p.m. Mike DeVleming, Mayor. ATTEST: 0 Christine Bainbridge, City Clerk Study Session Minutes 02-17-04 rage 3 of 3 Date Approved by Council: CITY OF SPOKANE VALLEY • Request for Council Action Meeting Date: 2-24-04 City Manager Sign-off: Item: Check all that apply: x consent ❑ old business ❑ new business ❑ public hearing ❑ information ❑ admin. report ❑ pending legislation AGENDA ITEM TITLE: Claims: Voucher listing total for February 6, and February 17, 2004 OPTIONS: RECOMMENDED ACTION OR MOTION: Approve claims February 6, 2004 $ 149,994.38 February 17, 2004 $ 167.454.23 February 3, 2004 $ 317,448.61 BUDGET/FINANCIAL IMPACTS: STAFF CONTACT: Ellen Avey C ATTACHMENTS Voucher Lists vchlist Voucher List Page: 1 02/06/2004 4:29:57PM Spokane Valley Bank code : apbank Voucher Date Vendor Invoice PO it Description/Account Amount 4264 2/6/2004 000197 AIR 61905 BACKGROUND CHECK 25.00 Total : 25.00 4265 2/6/2004 000037 AMERICAN LINEN 332668 FLOOR MAT SERVICE 67.47 Total : 67.47 4266 2/6/2004 000030 AVISTA UTILITIES summer2003 STREET LIGHTING 1,944.30 Total : 1,944.30 4267 2/6/2004 000227 CONKLIN, PEGGY 020604 EXPENSE REIMBURSEMENT 45.39 Total : 45.39 4268 2/6/2004 000035 CORPORATE EXPRESS 49287584 40016 OFFICE SUPPLIES 931.18 40016 49361865 40025 OFFICE SUPPLIES 412.79 49427137 40026 OFFICE SUPPLIES 36.40 Total : 1,380.37 4269 2/6/2004 000321 ECONOMIC DEVELOPMENT COUNCI EDC tickets EDC MEETING ADMISSION 160.00 Total : 160.00 4270 2/6/2004 000002 H & H BUSINESS SYSTEMS 116016 COPY MAINTENANCE CHARGE 1,016.99 2012004 COPY EQUIPMENT LEASE 201.04 Total : 1,218.03 4271 2/6/2004 000009 HEWLETT-PACKARD COMPANY, PU 35284834 COMPUTER HARDWARE 3,619.19 35294512 COMPUTER HARDWARE 56.21 Total : 3,675.40 4272 2/6/2004 000104 HIGH NOONER 18925 MEETING PROVISIONS 54.52 Total : 54.52 4273 2/6/2004 000288 INTERNATIONAL CODE COUNCIL 0724867 BOOK 39.81 Total : 39.81 4274 2/6/2004 000073 MC CORMICK, GREG 012804 EXPENSE REIMBURSEMENT 2.00 , )e: 1 S. \ . vchlist Voucher List Page: 2 02106/2004 4:29:57PM Spokane Valley Bank code : apbank Voucher Date Vendor Invoice PO# Description/Account Amount 4274 2/6/2004 000073 000073 MC CORMICK. GREG (Continued) Total : 2.00 4275 2/6/2004 000033 MCPC 4495692 40017 OFFICE SUPPLIES 496.85 Total : 496.85 4276 2/6/2004 000069 MERCIER, DAVID 013004 EXPENSE REIMBURSEMENT 301.64 nlc airfare EXPENSE REIMBURSEMENT 1,559.60 Total: 1,861.44 4277 2/6/2004 000016 PETROCARD SYSTEMS C406012 VEHICLE FUEL 150.66 Total : 150.66 4278 2/6/2004 000029 PITNEY BOWES CREDIT CORP. 5618533-JA04 COPY EQUIPMENT LEASE 447.53 Total : 447.53 4279 2/6/2004 000024 RESOURCE COMPUTING INC. 36214 IT SUPPORT&CONSULTING 2,759.28 Total : 2,759.28 4280 2/6/2004 000172 SPOKANE COUNTY ENGINEER 012104/Avista STREET LIGHTING 2,067.59 Total : 2,067.59 4281 2/6/2004 000090 SPOKANE COUNTY INFORMATION, ; 40026 SOFTWARE LICENSES 1,470.00 Total : 1,470.00 4282 2/6/2004 000001 SPOKANE COUNTY TREASURER Jun-Dec 2003 SCOPE PROGRAM 30,733.00 Total : 30,733.00 4283 2/6/2004 000323 SPOKANE COUNTY UTILITIES 2 HARRINGTON SEWER PAVEBA 90,113.27 Total : 90,113.27 4284 2/6/2004 000102 TRANSNATION TITLE INSURANCE C 259378 TITLE TRANSFER FEES 23.24 Total : 23.24 4285 2/6/2004 000025 UNISOURCE CORPORATION Z1118740 40020 PAPER 310.68 Total : 310.68 4286 2/6/2004 000337 UNITED PARCEL SERVICE Y3F950044 SHIPPING CHGS 27.90 Total : 27.90 Page: 2 vchlist Voucher List Page: 3 02/06/2004 4:29:57PM Spokane Valley Bank code: apbank Voucher Date Vendor Invoice PO# Description/Account Amount 4287 2/6/2004 000280 USI 031002940001 40024 LAMINATING SEAL 17195 Total : 173.95 4288 2/6/2004 000038 WASTE MANAGEMENT OF SPOKAN Jan04 TRASH DISPOSAL SERVICE 383.82 Total : 383.82 4289 2/6/2004 000413 WEST COAST CASH REGISTER 1426 CASH DRAWER INSTALLATION 171.88 Total : 171.88 4290 2/6/2004 000255 WFOA KT WFOA 04 PROFESSIONAL MEMBERSHIP 50.00 Total : 50.00 4291 2/6/2004 000061 WILHITE, DIANA 012804 EXPENSE REIMBURSEMENT 108.19 Total : 108.19 4292 2/6/2004 000021 WITHERSPOON, KELLEY, DAVENPO 56133 LEGAL SERVICES 8,711.65 Total : 8,711.65 4293 2/6/2004 000089 XO COMMUNICATIONS 0103823116 TELEPHONE SERVICE 1,321.16 Total : 1,321.16 30 Vouchers for bank code : apbank Bank total : 149,994.38 30 Vouchers in this report Total vouchers : 149,994.38 I,the undersigned,do certify under penalty of perjury, APPROVED: that the materials have been furnished,the services rendered,or the labor performed as described herein and that the claim is just,due and an unpaid obligation MAYOR against the City of Spokane Valley,and that I am authorized to authenticate and certify to said claim. Finance Director Date COUNCILMEMBER 1 le: 3 i`1) C „..._ _,„ ), _,,) vchlist Voucher List Page: 1 02/17/2004 12:28:45PM Spokane Valley Bank code : apbank Voucher Date Vendor Invoice PO U Description/Account Amount 4303 2/13/2004 000335 ALTON'S TIRE 06-79750 VEHICLE MAINTENANCE 23.12 Total : 23.12 4304 2/13/2004 000135 AMERICAN PLANNING ASSOCIATIO 100486 PROFESSIONAL MEMBERSHIP 283.00 107654 PROFESSIONAL MEMBERSHIP 283.00 Total : 566.00 4305 2/13/2004 000277 ASSOC. OF WA CITIES 7858 REGISTRATION 60.00 Total : 60.00 4306 2/13/2004 000030 AVISTA UTILITIES Jan 2004 STREET LIGHTING/SIGNAL POW 17,325.36 Total : 17,325.36 4307 2/13/2004 000168 B & C TELEPHONE INC. 78157 PHONE EQUIPMENT 42.66 Total : 42.66 4308 2/13/2004 000235 B&B SHREDDING 7986 DOCUMENT SHREDDING SERV 60.00 Total : 60.00 4309 2/13/2004 000035 CORPORATE EXPRESS 48566633 OFFICE SUPPLIES 68.72 49520259 40027 OFFICE SUPPLIES 59.19 49590646 40032 OFFICE SUPPLIES 777.68 Total : 905.59 4310 2/13/2004 000364 DECATUR ELECTRONICS 40211 RADAR DISPLAY UNIT 3,841.49 Total : 3,841.49 4311 2/13/2004 000060 DENENNY, RICHARD DD-Jan04 MONTHLY CELL PHONE ALLOW 35.00 Total : 35.00 4312 2/13/2004 000136 DEPARTMENT OF INFO SERVICES, : 020404 TAX ON PREVIOUS INVOICES 519.06 1111564 40012 SOFTWARE 13,819.72 1111736 SOFTWARE -42.89 Total : 14,295.89 4313 2J13/2004 000059 DEVLEMING, MICHAEL MD-Jan04 MONTHLY CELL PHONE ALLOW 35.00 Page: 1 vchlist Voucher List Page: 2 02/17/2004 12:28:45PM Spokane Valley Bank code : apbank Voucher Date Vendor Invoice PO# Description/Account Amount 4313 2/13/2004 000059 000059 DEVLEMING, MICHAEL (Continued) Total : 35.00 4314 2/13/2004 000072 FLANIGAN, MIKE MF-JAN04 Cell phone allowance; Jan 2004 35.00 Total : 35.00 4315 2/13/2004 000408 GRIFFIN PUBLISHING INC 03875 40022 PRINTING 339.43 Total : 339.43 4316 2/13/2004 000070 INLAND POWER AND LIGHT CO Jan 2004 STREET LIGHTING/SIGNAL POW 386.71 Total : 386.71 4317 2/13/2004 000117 JOURNAL NEWS PUBLISHING 18274 DISPLAY AD 194.00 Total : 194.00 4318 2/13/2004 000010 KINKO'S INC. 1059857 MAP DISPLAYS 178.37 Total : 178.37 4319 2/13/2004 000033 MCPC 4498518 40028 OFFICE SUPPLIES 21.86 4499831 40030 OFFICE SUPPLIES 119.24 Total : 141.10 4320 2/13/2004 000258 MICROFLEX INC. 00014796 BUSINESS REGISTRATION SER\ 3,459.26 Total : 3,459.26 4321 2/13/2004 000157 MOAT, BRIAN 020904 FACILITY MAINTENANCE LABO 112.50 Total : 112.50 4322 2/13/2004 000132 MODERN ELECTRIC WATER COMPA Jan04 STREET LIGHTING POWER/WAT 7,179.64 Total : 7,179.64 4323 2/13/2004 000062 MUNSON, RICHARD RM-Jan04 MONTHLY CELL PHONE ALLOW 35.00 Total : 35.00 4324 2/13/2004 000344 NFPA 7F00000 PROFESSIONAL MEMBERSHIP 135.00 Total : 135.00 4325 2/13/2004 000036 OFFICE DEPOT 234871173 40034 BATTERIES 8.64 235235048 40037 OFFICE SUPPLIES 203.67 _ pn,.•e:2 (--1 ' '`,___} 0 ,---' vchlist Voucner List Page: 3 02/17/2004 12:28:45PM Spokane Valley Bank code : apbank Voucher Date Vendor Invoice PO# Description/Account Amount 4325 2/13/2004 000036 000036 OFFICE DEPOT (Continued) Total : 212.31 4326 2/13/2004 000307 OFFICE OF THE STATE TREASURE Jan04 STATE REMITTANCES 43,705.69 Total : 43,705.69 4327 2/13/2004 000149 PIP PRINTING OF SPOKANE 1330025844 PRINTING 703.62 1330025845 PRINTING 610.18 1330025879 PRINTING 338.80 Total : 1,652.60 4328 2/13/2004 000357 REISCHLING PRESS INC. 54298BR-BR BOND SALE DOCUMENTS 828.38 Total: 828.38 4329 2/13/2004 000426 RICHARDSON PHOTOGRAPHY cc photos CITY COUNCIL PHOTOS 227.01 Total : 227.01 4330 2/13/2004 000415 ROSAUERS U-CITY 554318 MEETING PROVISIONS 38.85 554640 MEETING PROVISIONS 82.61 Total : 121.46 4331 2/13/2004 000064 SCHIMMELS, GARY GS-Jan04 MONTHLY CELL PHONE ALLOW 35.00 Total : 35.00 4332 2/13/2004 000230 SPOKANE CNTY AUDITORS OFC, RE Jan04 RECORDING FEES 312.00 Total : 312.00 4333 2/13/2004 000172 SPOKANE COUNTY ENGINEER 04-16 STREET ENGINEERING SERVIC 56,181.10 Total : 56,181.10 4334 2/13/2004 000424 SPOKANE COUNTY UTILITES, STOR 3 STORMWATER MGMT SERVI 3,910.27 Total : 3,910.27 4335 2/13/2004 000323 SPOKANE COUNTY UTILITIES Feb 04 SEWER UTILITY CHARGES 562.49 Jan 2004 SEWER UTILITY CHARGES 59.50 Total : 621.99 4336 2/13/2004 000328 SPOKANE VALLEY SENIOR, CITIZEN 012904 NEWSLETTER POSTAGE 160.06 Page: 3 vchlist Voucher List Page: 4 02/1712004 12:28:45PM Spokane Valley Bank code : apbank Voucher Date Vendor Invoice PO# Description/Account Amount 4336 2/13/2004 000328 000328 SPOKANE VALLEY SENIOR, CIT (Continued) Total : 160.06 4337 2/13/2004 000081 STATE OF WA, DEPART OF REVENU Jan 04 JANUARY EXCISE TAX 199.25 Total : 199.25 4338 2/13/2004 000398 TAN MOORE ARCHITECTS P3983 Part Two PROJECT MGMT 4,443.32 Total : 4,443.32 4339 2/13/2004 000063 TAYLOR, STEVE 021104 EXPENSE REIMBURSEMENT 133.52 ST-Jan04 MONTHLY CELL PHONE ALLOW 35.00 Total : 168.52 4340 2/13/2004 000093 THE SPOKESMAN-REVIEW 013104 EMPLOYMENT ADS 157.88 Jan 04 DISPLAY ADVERTISEMENTS 989.38 Jan04 LEGAL NOTICES & CLASSIF IED 832.94 Total : 1,980.20 4341 2/13/2004 000167 VERA WATER & POWER 2004 STREET LIGHTING POWER/WAT 2,505.78 Total : 2,505.78 4342 2/13/2004 000100 WABO 301 BOOKS 493.17 436 REGISTRATION 25.00 Total : 518.17 4343 2/13/2004 000061 WILHITE, DIANA DW-Jan04 MONTHLY CELL PHONE ALLOW 35.00 Total : 35.00 4344 2/13/2004 000004 ZEPUBLIC Feb 04 WEBSITE HOSTING & MAINTENF 250.00 Total : 250.00 42 Vouchers for bank code: apbank Bank total : 167,454.23 42 Vouchers in this report Total vouchers : 167,454.23 oo..e: 4 vchlist Voucher. List Page: 5 02117/2004 12:28:45PM Spokane Valley Bank code : apbank Voucher Date Vendor Invoice PO# Description/Account Amount I,the undersigned,do certify under penalty of perjury, that the materials have been furnished,the services rendered,or the labor performed as described herein • • and that the claim is just,due and an unpaid obligation against the City of Spokane Valley,and that i am authorized to authenticate and certify to said claim. Finance Director Date Page: 5 � CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: 2-24--04 City Manager Sign-off: Item: Check all that apply: x consent ❑ old business ❑ new business ❑ public hearing ❑ information ❑ admin. report ❑ pending legislation AGENDA ITEM TITLE : Payroll for Period Ending February 15, 2004 GOVERNING LEGISLATION: PREVIOUS COUNCIL ACTION TAKEN: BACKGROUND: a OPTIONS: RECOMMENDED ACTION OR MOTION: BUDGET/FINANCIAL IMPACTS: Payroll for period ending 02-15-04 Salary: $ 90,436.90 Benefits: $ 9,614.39 $100,051.29 STAFF CONTACT: Daniel Cenis ATTACHMENTS CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: February 24, 2004 City Manager Sign-off: Item: Check all that apply: x consent x old business ❑ new business ❑ public hearing ❑ information ❑admin. report ❑ pending legislation AGENDA ITEM TITLE : Refreshment Policy PREVIOUS COUNCIL ACTION TAKEN: Discussion at February 17, 2004 Study Session BACKGROUND: This policy recognizes common municipal practice and meets state audit standards. OPTIONS: Adopt the resolution and policy or reject same RECOMMENDED ACTION OR MOTION: A motion to adopt the resolution and policy is recommended. 0 BUDGET/FINANCIAL IMPACTS: A small cost for refreshments is expected STAFF CONTACT: Ken Thompson, Finance Director ATTACHMENTS DRAFT CITY OF SPOKANE VALLEY SPOKANE COUNTY, WASHINGTON RESOLUTION NO. 04-004 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SPOKANE VALLEY, WASHINGTON ADOPTING THE CITY OF SPOKANE VALLEY MEETING AND CUSTOMER RELATION POLICY. WHEREAS, the City Council of the City of Spokane Valley, Washington recognizes the need to supply coffee, refreshments and occasional meals to the public, staff and elected officials during working hours as well as during evening meetings as a contribution to the public process and for employees and council members as a benefit of employment; and WHEREAS,there is a need to hold certain City meetings during normal meal times;and WHEREAS, the City sponsors a number of special events or programs where serving refreshments would be appropriate; and WHEREAS, this proposed Meeting and Customer Relation Policy would allow payment of the necessary expenses for providing refreshments when approved by the City Manager or authorized desiamee. NOW,THEREFORE BE IT RESOLVED that the City Council of the City of Spokane Valley, Washington adopts the City of Spokane Valley Meeting and Customer Relation Policy attached hereto as Exhibit I. ADOPTED this 24th day of February 2004. Mike DeVleming,Mayor Attest: Christine Bainbridge, City Clerk • • Resolution Refreshment Policy DRAFT C� EXHIBIT 1 MEETING AND CUSTOMER RELATION POLICY The purpose of this policy is to authorize the provision of coffee and light refreshments or meals at City government sponsored meetings, social gatherings and training sessions Approval for serving coffee and light refreshments or meals must be specifically approved by the City Manager or his/her authorized designee. All legally authorized boards and commissions may provide coffee, meals and/or light refreshments at their official public meetings, including executive sessions. . The City is not required to provide coffee, meals and/or light refreshments at meetings. DEFINITIONS I A. COFFEE-Coffee encompasses any non-alcoholic beverage, such as tea, water,soft drinks,juice, or milk. B. LIGHT REFRESHMENT-An edible item that may be served between meals, including but not limited to doughnuts, muffins, bagels, sweet rolls,fruits. vegetables, meat or cheese. C. MEALS -edible items that are usually served at a like and appropriate time of day matching the rscheduled meeting time, including but not limited t:o soup, sandwiches,salads,and pizza. D. OFFICIAL CITY BUSINESS-Activities performed or authorized by a City official or employee in order to accomplish City programs. PROCEDURES I 1. The City Manager or his/her authorized designee may approve the serving of coffee, meals and light refreshments in the conduct of City business at certain City-sponsored meetings. This authority is not intended for use with the normal daily business of employees or officials, but rather for special situations or occasions, as determined by the City Manager or authorized designee,where: 2. The purpose of the meeting is to conduct City business, prepare for meetings or provide training sessions that benefit the City, recognize City or employee accomplishments and/or discuss City issues, and 3. The meeting involves elective or appointive officials, City employees, or others the City is legally authorized to reimburse,and . 14. The City obtains a receipt for the actual costs of the coffee, meals and/or light refreshments,and 5. The staff person responsible for the meeting receives approval for the serving of coffee, meals and/or light refreshments, and 16. If a meal is served. the meeting is scheduled at normal meal times so that City officials and employees are precluded from having meals on their own time. Resotution Refreshment Policy CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: February 24, 2004 City Manager Sign-off: Item: Check all that apply: X consent ❑ old business new business LI public hearing ❑ information ❑ admin. report ❑ pending legislation AGENDA ITEM TITLE : Investment Fiscal Policy GOVERNING LEGISLATION: State law and City policy PREVIOUS COUNCIL ACTION TAKEN: The Finance Committee adopted an investment policy in early 2003. The City Council discussed this proposed change to the investment policy at the February 17, 2004 study session. BACKGROUND: A paragraph in our existing investment policy states: "With the exception of U.S. Treasury securities and the State Investment Pool, the city will invest no more than twenty- five percent of its total investment portfolio in a single security type or with a single financial institution." The proposed change would increase the upper limit to fifty percent invested in a single security type or with a single financial institution when the institution pledged collateral, and the collateral was held by a third entity. Other options would include: (1) Modify our investment policy to allow investments up to 50% of our investment portfolio when collateral is pledged and held by a third entity, (2) Leave our policy as it is with a 25% limit, (3) Modify the policy with limits other than 25 or 50% RECOMMENDED COUNCIL ACTION: Approve increasing the maximum amount of the City's investment portfolio in any one security or institution to 50%. This practice would be allowed only when appropriate collateral is pledged and held by a third entity. BUDGET/FINANCIAL IMPACTS: Many variables affect our investment earnings so it is difficult to predict increases/decreases. I estimate the proposed change will increase our earnings between $1,000 and $5,000 each year. STAFF CONTACT: Ken Thompson, Finance Director `�J DRAFT CITY OF SPOKANE VALLEY SPOKANE COUNTY,WASHINGTON .RESOLUTION NO. 04-003 A RESOLUTION OF THE CITY OF'SPOKANE VALLEY,SPOKANE COUNTY WASHINGTON DECLARING OPPORTUNITY TOWNSHIP HALL AS SURPLUS TO TFIE PRESENT NEEDS OF THE CiTY,AUTHORIZING A CONVEYANCE OF THE PROPERTY TO THE SPOKANE VALLEY LEGACY FOUNDATION FOR USE AS A PUBLIC MUSEUM WHEREAS, the City of Spokane Valley incorporated on March 31,2003; WHEREAS, through .Resolution 3-0790 of the Board of County Commissioners Spokane County accepted the Interlocal Agreement between Spokane County and the City of Spokane Valley Relating to the Ownership, Funding, Operation and Maintenance of Parks, Open Space, Recreation Facilities and Programs"that authorized the conveyance of properties to the City including Opportunity Township Flail; WHEREAS, through City Resolution No. 03-043 the City accepted the conveyance of park properties and at a duly scheduled regular meeting on September 9, 2003 authorized the execution of the above Interlocal Agreement by the City; WHEREAS, Spokane County through Quit Claim Deed conveyed Opportunity Township Hall and the related real property, generally known as Assessor's Parcel No. 21541-0110, to the City of Spokane Valley(hereinafter the"Property"); WFLrREAS, through the Interlocal Agreement the City agreed to provide public notice and comment when considering the conveyance of a transferred property; WHEREAS, on or about January 22, 2004 the City received from the Spokane Valley Legacy Foundation (the "Foundation") a request to transfer the ownership of Opportunity Township Hall for the purpose of establishing a local heritage museum. The Foundation represented to the City that it has been collecting, preserving and exhibiting the history and culture of Spokane Valley and desires to establish within the City a museum to display the collected artifacts and explain the culture of the Spokane Valley; WHEREAS, the Foundation represents it has obtained and will continue to be actively involved in obtaining public and private funding to support the museum; W1-IER.EAS, the Foundation represents that the museum shall be made available to the public and managed by a private non-profit corporation both incorporated in the State of Washington and recognized as tax exempt by the IRS; WHEREAS, the Foundation's request to the City contained supporting documentation including a mission statement, organization and planning statement, financial plan and a budget all of which have been filed with the City Clerk and are by this reference incorporated herein; WHEREAS, when Opportunity Township Hall was conveyed to the City the building on the Property had been designated as a historic landmark through Board of County Commissioner Resolution 96-104 with the further understanding that the historic landmark would be maintained consistent with ,/Th management standards set forth in the "Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Properties (Revised in 1983)" in accordance with the Findings of Fact and Decision by the Spokane Landmarks Commission, dated April 17, 1996; Resolution 04-003 Opportunity Town Hall Transfer Page I of 3 DRAFT WHEREAS,the City desires to maintain Opportunity Township Hall as a historic property for the benefit of the citizens of the City of Spokane Valley and thereby preserve the building's cultural heritage and historical significance; WHEREAS, the designation by the Landmarks Commission provides that the exterior facade of the building may not be altered without first obtaining permission from the Landmarks Commission; WHEREAS, the City has investigated the condition of the Property, its present and future use and believes the past rental history indicates the Property does not generate significant sums of money nor will its transfer to the Foundation unreasonably displace users of park properties within the City especially since the City is proceeding to construct a Community Center at Mirabeau Point; WHEREAS, the City Council, based upon the representations of the Foundation, finds and concludes that a museum for the benefit of the City is a public asset and appropriate use of Opportunity Township Hall provided certain conditions are fulfilled that will benefit the City and its citizens; WHEREAS, through a property transfer to the Foundation the City will receive as consideration the following promises and performance set forth below including the preservation of a historic property at private expense; WHEREAS, the City published notice of public hearing on this Resolution on February 13, 2004 with the public hearing held before the City Council on February 24, 2004 at 6:00 p.m. in the City Council Chambers. NOW THEREFORE, be it resolved by the City Council of the City of Spokane Valley, Spokane County, Washington as follows: This Resolution shall be deemed a joint Statement of Intent for Use of Opportunity Township Hall by both the Spokane Valley City Council and through acceptance of the Quit Claim Deed and use of the Property by the Spokane Valley Legacy Foundation. The documents set forth in the public record lodged with the City Clerk for the City of Spokane Valley are hereby incorporated by reference as if fully set forth herein and shall support both the Statement of Intent and the authorized conveyance by the City. The Spokane Valley Legacy Foundation, upon the acceptance of the Quit Claim Deed and use of Opportunity Township Hall(and the Property),agrees to the following conditions: (1) Design, construct (including repair and remodel), maintain and operate the Property and Opportunity Township Hall as a public museum that displays historical artifacts and provides historical/cultural information that primarily relates to the historical development of the Spokane Valley; • (2) Maintain Opportunity Township Hall pursuant to Board of County Commissioner Resolution 96-1054 including the interior of the building in a safe and habitable condition pursuant to local, state and federal law; • (3) Maintain a 501(c)(3) non-profit federal tax status and corporate existence in the State of Washington; (4) Avoid a bankruptcy or foreclosure which could lead to acquisition of the Property by creditors; Resolution 04-003 Opportunity Town Hali Transfer Page 2 of 3 DRAFT (5) Perform acts that are consistent with the representations made by the Legacy Foundation to the City as set forth in the public record as of the date of adoption of this resolution; and (6) Continue the above described uses on the Property unless otherwise agreed through the express written authorization of the City Council. Pursuant to the above conditions, the City Council authorizes the City Manager to execute all necessary documents to complete the conveyance and provide for the assumption, ownership and control of the Property by the Spokane Valley Legacy Foundation. The City does not warrant, either express or implied, the suitability of the Property or any improvements for a particular purpose with the Foundation taking the Property "as is." In the event the above conditions of transfer are violated, in the reasonable judgment of the City Council, the Foundation shall reconvey the Property and all improvements to the City within thirty(30)days of a demand for such reconveyance. Adopted this day of February,2004. City of Spokane Valley Michael DeVleming, Mayor ATTEST: 0 Christine Bainbridge, City Clerk Approved as to form: Stanley M. Schwartz, City Attorney Resolution 04-403 Opportunity Town Hall Transfer Page 3 of 3 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: February 24, 2004 City Manager Sign-off. Item: Check all that apply: [' consent X old business new business ❑ public hearing ❑ information admin. report ❑ pending legislation AGENDA ITEM TITLE: Towing Regulations For Public Impounds — Second Reading GOVERNING LEGISLATION: ROW 46.55 PREVIOUS COUNCIL ACTION TAKEN: Staff has discussed towing-related issues with the Council on several occasions over the past three months, particularly in relation to implementing Ordinance No. 67, the Junk Vehicle Ordinance. The Council had a first reading on 1-13-04. Following considerable public comment after the first reading, staff presented the Council with several policy decisions, primarily whether to restrict the draft ordinance to public impounds v. public and private impounds_ BACKGROUND: The Council stated on 2-10-04 that the draft ordinance should be restricted to public impounds_ This latest draft reflects that policy decision. Staff is including a clean copy of the draft ordinance, as well as a mark-up copy for reference RECOMMENDED ACTION OR MOTION. Motion to adopt Ordinance 04-001, an Ordinance on Towing Regulations for Public Impounds BUDGET/FINANCIAL IMPACTS. STAFF CONTACT: Cary P. Driskell, Deputy City Attorney ATTACHMENTS, (1) Clean copy of draft ordinance for proposed adoption, and (2) mark-up copy of proposed ordinance for reference, Proposed tDwi ng nrdin mu.-C.lDrikkcl Draft 4, February 1 7, 201)4 CITY OF SPOKANE.VALLEY SPOKANE COUNTY WASHINGTON ORDINANCE NO. 04-001 • AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, WASHINGTON, ESTABLISHING Pu BLIe IMPOUND TOWING REGULATIONS FOR THE CITY OF SPOKANE VAI.L.E•Y. • WHEREAS, R.CW 46.55.240 provides statutory authority for cities to adopt tow ordinances; and WHEREAS, the City of Spokane Valley desires to adopt a tow ordinance to provide a set of minimum safety guidelines by which tow operators must comply while performing public impounds in the City of Spokane Valley. NOW, THEREFORE, the City Council of the City of Spokane Valley, Washington, do ordain as follows= Section 1. Intent. The City of Spokane Valley (hereafter referred to as "the City") declares that the provisions of this Ordinance shall be deemed an exercise of power of the City to protect the health, safety and welfare of its citizens. Therefore, the intent of this Ordinance is that ail persons performing public impounds within the corporate limits of the City as hereinafter defined shall be subject to the provisions of this Ordinance. Section 2. Definitions. A. In construing the provisions of this Ordinance, except where otherwise plainly declared or clearly apparent from the context, words used in this Ordinance shall be given their common and ordinary meaning and in addition, the following definitions shall apply: 1. "Chief of Police" means the Chief of Police of the City of Spokane Valley, or his/her designee. 2. "impound" means the taking of a vehicle into legal custody, pursuant to law. 3. "registered tow operator" means a towing service having a valid and current registration filed with the City authorizing the furnishing of towing services_ 4, "operate a towing business or towing service within the corporate limits of the City," means to physically initiate the towing of a vehicle or vehicles within the City. It does not include towing vehicles into the City from outside the City nor traveling through the City with a vehicle in tow. 5. "police" means any authorized agent of the City of Spokane Valley Police Department or other law enforcement agency having jurisdiction. (. "police department" means the City of Spokane.Valley Police Department 7. "police impound" means the vehicle has been impounded at the direction of a police officer of the City 8. "private impound" means the vehicle has been impounded at the direction of a person having control or possession of the private property upon which the vehicle was located. , 9. "public impound" means the vehicle has been impounded by a public official (or designee Ordiar7n ce04-001 Towing • Prige 1 of Proposed towing ordinance—C.Driskell Draft 4,February 17,2004 thereof) having jurisdiction over the public property upon which the vehicle is located. .N 10. "tow truck" means any vehicle designed or intended to tow vehicles, which are disabled by mechanical failure or physical damage or being impounded pursuant to law. 11. "towing business" or "towing service" includes any person, partnership, joint venture, corporation or other business which owns and/or operates one or more tow trucks and who engages in the impounding, transporting or storage of unauthorized vehicles or the disposal of abandoned vehicles. Section 3. Tow Operator Registration Required. It is a misdemeanor, punishable by a fine of not more than one thousand dollars and/or imprisonment for not more than ninety days, for any person, corporation, partnership, joint venture or other business entity to perform public impounds within the corporate limits of the City without having a valid and current tow operator registration with the City. Such a registration shall not be transferable. Upon a sale or transfer of the towing business, a new registration with authorization must be obtained as provided in this chapter. The registration required by this chapter is in addition to a general business license required by this state, and the regulations established in this chapter are supplemental to the registration requirements of the State of Washington. Section 4. Application for Tow Operator Registration. Application for a tow operator registration must be made in writing on an application form furnished by the City, and must be filed with the Chief of Police. The application shall include complete information concerning the ownership of the business, the number and type of vehicles to be operated, the name under which the applicant intends to operate, the legal form of the business entity operating the business, the office address of the towing business, the address of any storage facilities, the name and address of the person in charge of the business plus any additional information reasonably required by the Chief of Police. The applicant shall also furnish with the application a current registration certificate from the Washington State Department of Licensing pursuant to RCW 46.55.020 as adopted or hereafter amended, and a current letter of appointment from the equipment and standards review section of the Washington State Patrol. The Chief of Police shall determine whether all requirements have been met and information furnished as required by the provisions of this Ordinance. All equipment and master log to be used in the towing business shall be available for inspection by the City of Spokane Valley Police Department during reasonable business hours. Section 5. Proof of Insurance. A certificate of insurance must be filed with the Chief of Police at the time the application is filed. Insurance coverage shall be in the minimum limits of one million dollars combined single limits for bodily injury and property damage liability per occurrence, which includes for vehicles in the custody of the operator until it is redeemed or sold. The certificate of insurance shall indicate the operator's extent of coverage; limits and the expiration date of said policy. Such insurance as is required in this Ordinance shall be maintained in full force and effect for the full period to be covered by the tow business registration applied for. Applicant shall submit a certificate of insurance to the City at the time of registration application indicating compliance with the insurance requirements set forth herein and naming the City as an additional insured on the insurance coverage. The insurer shall be obliged to give not less than thirty days' written notice to the City before any cancellation or termination of the policy earlier than its expiration date. Cancellation of or failure to maintain the insurance automatically cancels the operator's registration. • Section 6. Registration Suspension and Revocation. A. A tow operator registration will be suspended or revoked if the tow operator does any of the r `1 following: / Ordinance 04-001 Towing Page 2 of 9 Proposed towing ordinance—C.1)riskell Draft 4,Februnry 17,2004 1. Operates or permits the operation of a tow truck by a driver not having a valid driver's license required by state law for tow operators, or whose required license has been suspended or revoked; 2. Fails to maintain in full force and affect the insurance required in this Ordinance; 3. Fails to comply with the requirements of this Ordinance; 4. Authorizes any person to drive a tow truck that is not equipped as required by this Ordinance or state law,as currently enacted or hereafter amended; 5. Falsifies any information on the application, or information required to be kept or submitted to the City by this Ordinance; 6. Allows the registration certificate issued by the Department of Licensing to lapse, or if such certificate is suspended or revoked; 7. Operated or permitted the operation of the tow truck while the driver is using or in possession of alcohol or controlled substances, during its operation; 8. Engaged in unfair methods of competition and/or unfair or deceptive acts or practices in the operation of a tow business. Section 7. Suspension, Revocation - Hearings and Appeals. A. "Suspension" of a registration means that the registered tow operator's privilege to operate his/her towing business is barred for a specific period of time within the City. A suspended registration may be reinstated upon the lapse of a specified period of time or by correcting the deficiencies. 13. "Revocation" of a registration means that the registration has been canceled. A registered tow operator whose registration has been revoked cannot have his/her registration reinstated, but must comply with all conditions of revocation including reapplying for a new registration. C. When the Chief of Police obtains information from which he/she believes a violation of this Ordinance has occurred, the Chief of Police shall provide the registered tow operator with a notice of proposed suspension/revocation which shall provide notification to the registered tow operator that a hearing will be held on whether to revoke or suspend the registration at a time or date determined by the Chief of Police. The notice of proposed suspension/revocation will be sent to the registered tow operator at the address listed on the registered tow operator's application. it is the registered tow operator's duty to keep the address information on the application current at all times. In the event the registered tow operator fails to attend the hearing, the registration will automatically be revoked/suspended. Any revocation/suspension will not be effective until the Chief of Police makes a determination following the hearing. D. The Chief of Police will conduct the hearing pursuant to the provisions of the Tow Operator Hearing Rules, as currently adopted or hereafter amended. If such Hearing Rules are not currently adopted, the Chief of Police shall draft and adopt Hearing Rules forthwith. The Chief of Police shall determine if the tow operator's registration should be suspended or revoked, and determine the conditions of reinstatement, if any on a suspension. E. Notwithstanding subsections C and D of this section, a registration suspension/revocation shall become effective immediately without the benefit of any presuspension/revocation hearing when the Ordinance 04-001 Towing Page 3 of 9 Proposed towing ordinance—C. Driskcll Draft 4, r ebruary 17,2iif]4 Chief of Police determines that any of the following has occurred:• 1. the operator has failed to maintain in full force and effect the insurance required in this Ordinance; 2. the operator has allowed the registration certificate from the Washington State Department of Licensing to lapse; 3. if such registration certificate from the Washington State Department of Licensing is suspended or revoked; 4. the registrar has operated or permitted the operation of a tow truck for public impounds by an unlicensed driver or by a driver whose license has been suspended or revoked. • F. Upon revocation/suspension of any registration issued pursuant to this Ordinance, or the denial of any registration regulated by this Ordinance, an appeal may be filed in Spokane County Superior Court within twenty-one (21) days of final agency action. Any such appeal shall be controlled by the requirements of it is unlawful for any person whose registration has been revoked or suspended to keep the registration issued to him/her in his/her possession or under his control, and the same shall immediately he surrendered to the Chief of Police. When revoked, the registration shall be canceled, and when suspended, the Chief of Police shall retain the same during the period of suspension. Section S. Compliance with Laws]Rules and Regulations. All registered tow operators shall operate their towing business and conduct their public impound operations in accordance with all applicable laws of the state and all applicable rules and regulations of the Washington State Department of Licensing and the Washington State Patrol. Specifically, all Registered Business Owners/Licensees shall comply with RCW Chapter 46.55, \VAC Chapter 308-61, and the State Patrol fee schedule, all as currently adopted or hereafter amended. Section 9, Secure Storage Facility. All registered tow operators performing public impounds Rha&] maintain a building that the business occupies-, cithur continuously or at regular times, where tow business books and records are kept and towing business is transacted. All towing businesses shall maintain a secure storage facility approved by the Washington State Patrol for the purpose of securely storing towed vehicles. The storage facility must he located within the city limits of Spokane Valley to ensure convenience to City residents in the. retrieval of publicly impounded vehicles_ The place of business and storage facility shall comply with all applicable state laws and regulations. All vehicles impounded within the City as a public impound shall be placed within the storage facility of the towing business performing the impound, and shall remain within the storage facility until disposal. Section 10. Registere.d Tow Operators Authorized for Police 1m op unds- A. The Police Department is authorized to establish and maintain a list of registered tow operators who are qualified for police impounds_ Registered tow operators who meet all of the following criteria shall qualify for police impounds and be put on the police tow list: 1. meet all other requirements for registration under this Ordinance; Ordinance 04-Oa] Towing Page.41 oP9 Proposed lowing ordinance—C.Driskell Draft 4,February 17,2004 2. possess a current letter of appointment from the Washington State Patrol for Zone 2; 3. sign a contract with the City that the tow operator agrees to perform junk vehicle tows pursuant to Spokane Valley Ordinance No. 67 as adopted or amended; 4. pay the annual registration fee. This fee shall be set by resolution of the City Council. The registration shall expire on December 31st of the year for which the license was issued and there shall be no prorating of the license fee. The registration fee is a cost recovery mechanism for contract administration; and The police tow list shall be reviewed at least annually to determine if each registered tow operator listed thereon still possesses a current letter of appointment. Registered tow operators qualified for police impounds shall be rated class A registered tow operators. B. Class A List. I. The list of qualified class A registered towing businesses kept pursuant to this Ordinance shall be used in connection with public impounds within the City. 2. When a person makes a request to the Police Department or police dispatcher for towing services when the vehicle is not subject to public impound, the request shall be treated as a non- preference matter and the request shall be referred to a qualified class A registered tow operator in the same manner as if the police were requesting the towing service pursuant to a public impound. CD. C. All referrals under subsection B of this section shall be distributed on a rotation basis among qualified class A registered tow operators who have signed a contract with the police department pursuant to subsection A(2)of this Section. D. Nothing in this Ordinance shall be construed to preclude any person from requesting the services of a registered towing business of their choice, unless in the opinion of the police department, accommodating such request would result in undue delay or the maintenance of a hazardous situation or condition. E. Class A registered tow operators shall observe the following practices and procedures when engaged in police impounds: 1. When called by the police department, the tow truck operator will dispatch a tow truck from within the City within five minutes and be moving in the City within ten minutes during normal business hours; 2. Tow trucks dispatched at the request of the police department after normal business hours will be on the move within the City within twenty minutes after receiving the call; 3.The tow truck that is dispatched will arrive at the stated location within thirty(30)minutes; 4. If for any reason a tow operator is unable to dispatch a tow truck within the stated time or if the dispatched truck will be delayed for any reason, the operator shall so advise the police department stating the reason and estimated time of arrival. In the event the tow truck fails to arrive at the scene within a reasonable time, the police department will contact another tow operator to respond to the scene and will cancel the original tow; Ordinance(4-001 Towing Page 5 of 9 Proposed towing ordinance—C.1)riskell ]draft 4,February 17,2004 5. A tow operator on rotation who is unable to dispatch or arrive within the times stated in -� subsections 1, 2, 3 and 4 of this section will forfeit his turn and be placed at the bottom of the rotation list as if he had responded; 6. Consistent refusal or failure of the class A registered tow operator to respond to calls from the police department for towing services may result in the removal from the list of qualified class A registered tow operators; 7. The tow operator shall advise the police department when the tow company is temporarily unavailable to respond to rotational calls with a class A, B or C tow truck. Unavailability may occur due to conditions such as, but not limited to, other tow truck commitments, tow truck disabled and/or under repair, unforeseen driver shortage due to illness, etc. The period of unavailability may last less than an hour or much longer. The tow operator will give the reason for unavailability and approximately when the company will be available to respond to calls. The tow company will be removed from the rotational list and will not be called until the operator advises the police department that the company is once again able to respond to calls with an A, B or C class truck. In all such cases, the tow company will resume its normal position on the rotational list without regard to any missed calls or its position prior to being unavailable; 8. The tow operator will advise the police department whenever a private call is received for tow with circumstances that indicate that the tow is for a vehicle which has been involved in an accident on the public roadway. The tow operator also will advise the police department of all private calls to motor vehicle accidents on private property resulting in bodily injury or death; 9. The tow operator will notify the police department before moving any vehicle involved in an accident on a public highway or street under the jurisdiction of the police department or where it appears that the driver of the vehicle to be moved is under the influence of intoxicants or drugs, or is otherwise incapacitated. 10. When the police department is in charge of an accident scene or other such incident, a tow operator shall not respond to the scene unless his services have been specifically requested by the police department, the driver/owner, or his agent. 11. The tow operator shall be available, or will ensure that specific employees are available, twenty-four hours a day for the purpose of receiving calls or arranging for the release of vehicles. This does not require the tow operator to maintain a staffed facility twenty-four hours a day, only to have staff available to receive calls twenty-four hours a day. Business hours will be posted conspicuously at the operator's place of business so they can be seen during business hours and non-business hours. 12. The operator shall post a current copy of tow and storage rates arisin from olice-initiated tows in the following locations: a. At the entrance to the place of business, in a conspicuous location, plainly visible and readable by members of the public, whether the business is open or closed. If, in order to meet this requirement, the rate sheet must be placed in a location, exposed to the elements, it shall be protected so as to remain legible. b. Inside the business location, where business is commonly transacted. The rate sheets shall be posted in such manner as to be clearly and plainly visible and readable at all times by customers of the business. Ordinance 04-001 Towing Pagc 6 of 9 E'ropascd towing orJ i nancc—C.l7 riskel l Draft 4, Fubruary 17,2004 G. A copy of the current rates will be sent to the police department. Notice of any changes) in service rates will be rorwarded to the police department teen days before the effective date of the change(s). d. In the event that an operator has only a class B truck and utilizes it for class A and .B type tows, the operator shall file a rate sheet that specifies the rates charged for the different types of tows. Whenever any operator utilizes a larger truck than the towed vehicle warrants, the operator shall charge fees based on the size of the towed vehicle, not the size of the truck used Example: A class C. truck is used, at the operator's discretion, to tow a class B truck size vehicle. The fees charged shall be those fora class B, not a class C. 13. Charges made for towing services arising from calls initiated by the police department shall he consistent with charges made for sirni Ixr services performed at the request of the general public. l4_ Unless other arrangements are made with commissioned police personnel at the scene, all impounded vehicles shall be taken to the tow operator's nearest approved storage location within the City. 15. The tow operator will maintain, for three years, records on towed and released vehicles that • were towed at the request of the police department. This record will include, but is not to be limited to: a. An itemized receipt of all charges for the services provided; h. An inventory sheet or copy thereof made out by the police officer at the scene of the tow and signed by the operator; c. All other records required by the police department. Such records will be available for inspection by the police department during normal business hours at the operator's place of business. [G_ The• tow operator will sign an inventory sheet made out by the police officer at the scene. The tow operator shall obtain from the officer, and the officer shall provide, a signed authorization for the impound as required by RCW 46,55,080(2). 17. Tow operators shall perform towing tasks competently according to a reasonable standard of care within the towing industry. IS. No tow operator, employee or agent shall misappropriate, wrongfully convert to his/her own use, or abuse property belonging to another and entrusted to his/her care or storage. 19_Taw nick operators will use emergency lights to warn other motorists only when at the scene of accidents, disabled vehicles and/or recoveries. Such lighting shall not be used when traveling to or from the scene. 20. Tow truck operators shall be responsible for cleaning accident/incident scenes of all vehicle glass and debris. 21. Specific operating restrictions and/or requirements, by truck class, are as follows: Ordironce 04-001 Towing Page 7 of9 Proposed towing ordinance—C.Driskell Draft 4,February 17,2004 a. The standard air brake release tools (caging stud assemblies) required to be carried in the class Band C trucks shall be used, whenever necessary, to preserve potential evidence involving brake equipment or adjustment settings. When an operator is attempting to move a vehicle equipped with locked spring parking brakes that cannot be released by external air supply, the caging assemblies shall be used to release the brake tension. Under no circumstances shall the towed vehicle's brake assemblies or adjustments be moved or disturbed in any way that will prevent later determination of the pre-accident or incident settings. b. Class B trucks in excess of twenty-three thousand pounds gross vehicle weight rating need not carry dollies when towing or recovering heavy vehicles. c. Class D and E and S trucks shall not be used to respond to initial calls unless specifically authorized by police personnel at the scene or by local written policy approved by the chief of pol ice. d. Class E trucks shall: i. When used for multiple vehicle towing/recovery(one on bed, one in tow), all invoice charges shall be evenly divided between the vehicles so transported; ii. Not be operated in excess of either gross vehicle weight rating or purchased tonnage weight limits; iii. Be required to carry its portable lights only when used in a towing mode. 22. Whenever a special event or overflow storage lot is approved by the police department the operator shall maintain personnel at the lot twenty-four hours per day for security and vehicle and/or personal property release. If necessary, reimbursement for such labor shall be part of the contract for the special event, if appropriate, or by amended storage rates with a waiver of the ten-day rate change notice requirement approved by the police department. At the conclusion of a special event or overflow situation, all vehicles not reclaimed by the owner shall be towed to the operator's regular storage facility and processed in the normal fashion. No additional fee shall be charged for towing the vehicle from the overflow lot to the regular facility. 23. All work performed by the operator and/or employee shall be in the most professional and expeditious manner. All invoices and other required forms shall be completed accurately and promptly. F. Records kept on City of Spokane Valley police impounds, including all services rendered at the request of the City of Spokane Valley police, shall be available for inspection by the police department during normal business hours. Section 11. Drivers. All drivers must be a least eighteen years of age, possess a valid Washington operator's license with the proper class of commercial driver's license where required, and be able to demonstrate that he/she is covered by the insurance policy of the towing business specified in Section 5 of this Ordinance. - Ordinance 04-001 Towing Page 8 of 9 ]Proposed towing ordinansc—C.Drisk •li Draft 4, February l 7,2004 Section 12. Soliciting Business, It is unlawful For any person to drive or operate a tow truck on any public strect. or way open to the public for the purpose of solicitation of business, without having been called to the location of an accident, disabled vehicle, or impound by the owner or operator of the vehicle, his authorized agent or the police. Section 13. Fees Charged by Tow Operator for Police-initiated Tows. The schedule of maximum fees shall conform to and not be more than, the schedule of maximum fees then in effect by the Washington State Patrol. The schedule of maximum fees may be adjusted periodically by the police chief to conform to any adjustments made by the Washington State Patrol to its schedule of maximum fees. Any class A licensee shall not exceed the fees of such schedule for services rendered at the request'of the police department or its dispatcher_ Charging fees in excess of those specified in the fee schedule, or charging for services not actually rendered, may result in suspension from the list of class A registered tow operators authorized for police impounds. Private impound fees are set by the registered business operator and recorded with the Department of Licensing in accordance with Washington State Patrol guidelines. • Section 14. No Vested Right to do Police :impounds. It is the intent of this chapter to establish certain requirements for tow business authorized to do police impounds, but not to vest any specific rights to do police impounds or other police-requested towing services. Section 15. Violation-Penalty. C A. Injunctive Action. Any violation of the provisions of this Ordinance constitutes a public nuisance, which the City can abate through the provisions of Spokane Valley Ordinance o. 83. B. Suspension/Revocation. Any violation of the provisions of this Ordinance may be grounds for suspension or revocation of a tow operator's registration with the City, pursuant to Section 7 of this Ordinance. tv. Provisions Nonexclusive. Penalty and enforcement provisions provided in this chapter are not exclusive, and the City may pursue any remedy or relief it deems appropriate. • Passed on this day of:hebruary, 2004_ Michael DeVleming, Mayor ATTEST: Christine Bainbridge, City Clerk APPROVED AS TO FORM: Cary P. Driskell. Deputy City Attorney Date of Publication's Effective Date; Ordinance 04-001 Towing Pape 9 of 9 Proposed towing ordinance— C. Driskell I Draft 44,:Januar-yFebruaiy X917, 2004 CITY OF SPOKANE VALLEY SPOKANE COUNTY WASHINGTON RDINANCE NO. 04-MU. AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, WASHINGTON, I ESTABLISHING PUBLIC IMPOUND TOWING REGULATIONS FOR THE CITY OF SPOKANE. VALLEY. WHEREAS, RCW 46.55140 provides statutory authority for cities to adopt tow ordinances; and WHEREAS, the City of Spokane Valley desires to adopt a tow ordinance to provide a set of minimum safety guidelines by which tow operators must comply while e. corrtingperfonning public impounds in the City of Spokane Valley. NOW, THEREFRE, the City Council of the City of Spokane Valley, Washington, do ordain as follows: Section 1. Intent, The City of Spokane Valley (hereafter referred to as the City") declares that the provisions of this Ordinance shall be deemed an exercise of power of the City to protect the health, safety and welfare of its citizens. Therefore, the intent of this Ordinance is that all persons in a tcwint - business or occupationperforir i puha impounds within the corporate limits of the City as hereinafter defined shall be subject to the provisions of this Ordinance. Section 2. Definitions. • A. In construing the provisions of this Ordinance, except where otherwise plainly declared or clearly apparent from the context, words used in this Ordinance shall he given their common and ordinary meaning and in addition, the following definitions shall apply: 1. "Chief of Police" means the Chief of Police of the_ ity of Spokane Valley. or his/her designee. 4.2. "impound" means the taking of a vehicle into legal custody, pursuant to law. 3?. "registered tow operator" means a towing service having a valid and current registration filed with the City authorizing the furnishing of towing services. 4 , reoperate a towing business or towing service within the corporate limits of the City;" means to physically initiate the towing of a vehicle or vehicles within the City. It does not include towing vehicles into the City from outside the City nor traveling through the City with a vehicle in tow. 941 kvork f lelardinancesTEow ord i nancdkow ordinanm dra R i#1reefinir f it second readi -1-2011-04 - 1 - Proposed towing ordinance—C. Driskell Draft 344, lanuaryFebruani 2017, 2004 54. "police" means any authorized agent of the City of Spokane Valley Police Department or other law enforcement agency having jurisdiction. 63. "police department" means the City of Spokane Valley -Police Department of the-Gity. 76. "police impound" means the vehicle has been impounded at the direction of a police officer of the City 8.7-. "private impound" means the vehicle has been impounded at the direction of a person having control or possession of the private property upon which the vehicle was located. 98. "public impound" means the vehicle has been impounded by a public official (or designee thereof) having jurisdiction over the public property upon which the vehicle is located. 109. "tow truck" means any vehicle designed or intended to tow vehicles, which are disabled by mechanical failure or physical damage or being impounded pursuant to law. 110. "towing business" or "towing service" includes any person, partnership,joint venture, corporation or other business which owns and/or operates one or more tow trucks and-is - .... - , . - , _ - y-and-and who engages in the impounding, transporting or storage of unauthorized vehicles or the disposal of abandoned vehicles. Section 3. Tow Operator Registration Required. It is a misdemeanor, punishable by a fine of not more than one thousand dollars and/or imprisonment for not more than ninety days, for any person, corporation, partnership, joint venture or other business entity to ; : - • . - • perform public impounds within the corporate limits of the City without having a valid and current tow operator registration with the City. Such a registration shall not be transferable. Upon a sale or transfer of the towing business, a new registration with authorization must be obtained as provided in this chapter. The registration required by this chapter is in addition to a general business license required by this state, and the regulations established in this chapter are supplemental to the registration requirements of the State of Washington. Section 4. Avvlication for Tow Operator Registration. Application for a tow operator registration must be made in writing on an application form furnished by the I City, and must be filed with the Chief of PoliceCity Cler-h. The application shall include complete information concerning the ownership of the business, the number and type of vehicles to be operated, the name under which the applicant intends to operate, the legal form of the business entity operating the business, the office address of the towing business, the address of any storage facilities, the name and address of the person in ` cpd work filelordinano sltow ordinance/tow ordinance draft direefour for second reading.f ?012-04 - 2 - Proposed towing ordinance- C. Driskell Draft ;4, .kinitaryiebruary 1-1017, 2004 charge of the business plus any additional information reasonably requited by the City clerk anr- Chief of Police. The applicant shall also furnish with the application a • current registration certificate from the Washington State Department of Licensing pursuant to RCW 46.55.020 as adopted or hereafter amended, and a current letter of appointment from the equipment and standards review section of the Washington State Patrol. The City Clerk.C.hief of Police shall determine whether all requirements have been met and information furnished as required by the provisions of this Ordinance- The City Cleric may-hiakl-upon the Police Chief to conduct an inveMi z tion to obtain pertinent information relati -t4io-tow-operator registration. All equipment and master log to be used in the towing business shall be available for inspection by the City of Spokane Valley Police Department during reasonable business hours. • Section 5. Proof of Insurance. A certificate of insurance must be filed with the ChC4 C�ler-kief of.:Poli ce at the time the application is filed. insurance coverage shall he in the minimum limits of one hundred thousandmillion dollars combined single limits • for bodily injury and property damage liability per occurrence, which includes —4for vehicles in the custody of the operator. the insurance coverabe shall provide- limits of fifty thousand dollars from-t e-tifae-a hi - es-int+e-outstody of an operaioa. until it is redeemed or sold. The certificate of insurance shall indicate the operator's extent of coverage; limits and the expiration date of said policy. Such insurance as is required in this Ordinance shall be maintained in full force and effect for the full period to be covered by the tow business registration applied .for. Applicant shall submit a certificate of insurance to the City at the time of registration application indicating compliance with the insurance requirements set forth herein and naming the City as an • additional insured on the insurance coverage. The insurer shall be obliged to give not less than thirty days' written notice to the City before any cancellation or termination of the policy earlier than its expiration date. Cancellation of or failure to maintain the • insurance automatically cancels the operator's registration. Section 6. Registration Suspension and Revocation. A. A tow operator registration will be suspended or revoked if the tow operator does any of the following: 1. Operates or permits the operation of a tow truck by a driver not having a i.a/rd driver's license required by srrrr.e laic r w operators, or whose required license has been suspended or reti'oked; 2- Fails to maintain in full force and affect the insurance required in this Ordinance; • I pails to comply with the requirements of this Ordinance; 4. Authorizes any person to drive a tow truck that is not equipped as required by this eOrdinance or state law, as currently enacted or hereafter amended; ` J cpd wart~ file ordinn es'kow ordinancthc u d nonce draft d4remfbur En-second readitte.-I-2— I7-b4 – 3 - . Proposed towing ordinance —C. Driskell I Draft 34,4anuaryl ehruary 2-017, 2004 5. Falsifies any information on the application, or information required to be kept or submitted to the City by this Ordinance; 6. Allows the registration certificate issued by the Department of Licensing to lapse, or if such certificate is suspended or revoked; 7. Operated or permitted the operation of the tow truck while the driver is using or in possession of alcohol or controlled substances, during its operation; 8. Engaged in unfair methods of competition and/or unfair or deceptive acts or practices in the operation of a tow business. Section 7. Suspension, Revocation - Hearings and Appeals. A. "Suspension" of a registration means that the registered tow operator's privilege to operate his/her towing business is barred for a specific period of time within the City. A suspended registration may be reinstated upon the lapse of a specified period of time or by correcting the deficiencies. B. "Revocation" of a registration means that the registration has been canceled. A registered tow operator whose registration has been revoked cannot have his/her registration reinstated, but must comply with all conditions of revocation including reapplying for a new registration. C. When the City ClerkChief of Police obtains information from which he/she believes a violation of this Ordinance has occurred, the City ClerChief of Police shall provide the registered tow operator with a notice of proposed suspension/revocation which shall provide notification to the registered tow operator that a hearing will be held on whether to revoke or suspend the registration at a time or date determined by the City Hearin :amiaerChief of Police. The notice of proposed suspension/revocation will be sent to the registered tow operator at the address listed on the registered tow operator's application. It is the registered tow operator's duty to keep the address information on the application current at all times. In the event the registered tow operator fails to attend the hearing, the registration will automatically be revoked/suspended. Any revocation/suspension will not be effective until the C-=it -eleFkChief of Police makes a determination following the hearing. D. The Chief of Policei4y-fEea- tm et: will conduct the hearing pursuant to the provisions of Spokane Spekane—Val-lhdinance No. 57 the Tow Operator Hearing Rules. as currently adopted or hereafter amended. If such Hearing Rules are not currently adopted. the Chief of Police shall draft and adopt Hearine Rules forthwith. The Chief of Policel4car-ing Examinnef shall determine if the tow operator's registration should be suspended or revoked, and determine the conditions of reinstatement, if any on a suspension. C_) E. Notwithstanding subsections C and D of this section, a registration suspension/revocation shall become effective immediately without the benefit of any cod work file/ordinances/tow ordinance/tow ordinance draft thmefour for second reading 42-2.-0E7-1:14 - 4 - Proposed towing ordinance-C. Driskell I Draft 4, ;Ianuary.Fe.bruarkr X117. 2004 il I presuspensionlrevocation hearing when the City Cleit hief of Police determines that any of the following has occurred: 1. the operator has failed to maintain in full force and effect the insurance required in this Ordinance; 2, the operator has allowed the registration certificate from the Washington State Department of Licensing to lapse; 1 3. if such registration certificate from the Washington State Department of I Licensing is suspended or revoked; • 4. the registrar has operated or permitted the operation of a tow truck for_public impounds by an unlicensed driver or by a driver whose license has been suspended or revoked- F. Upon revocationlsuspension of any registration issued pursuant to this Ordinance, or the denial of any registration regulated by this Ordinance, an appeal may be flied in Spokane County Superior. Court pursuant--to ek aa-14e-y-Ordinance No:-57-within twenty-one (21) cla-,,s of final a uenc , action. Any such a� .cal shall be controlled by the requirements of It is unlawful for any person whose registration has been revoked or suspended to keep --- the registration issued to biim her in his/her possession or under his control, and the same shall immediately be surrendered to the City ClerkChief of Police. When revoked, the registration shall be canceled, and when suspended, the City Cl.erkChief of Police shall retain the same during the period of suspension. - - Section S. Compliance with Laws. Rules and Regulations, AJl registered tow I operators shall operate their towing business and conduct their public impound operations in accordance with all applicable laws of the state and all applicable rules and regulations of the Washington State Department of Licensing and the Washington State Patrol. Specifically, all Registered Business Owners/licensees shall comply with RCW Chapter 46.55, WAC Chapter 308-6 , and C;-Iinptcr 204-91Atl7.e State Patrol fee schedule;1 all as currently adopted or hereafter amended. Section 9. Secure Storage Facility. All registered tow operators performing il public impounds shall maintain a building that the business occupies, either continuously or at regular times, where tow business books and records are kept and towing business is I transacted.- All towing businesses shall maintain a secure storage facility approved by the I Washington State Patrol for the purpose of securely storing towed vehicles, The place of business and the-steragc -facility may be in separate-teea i n s v r The storage ,f --,, facility must be located within the city limits of Spokane Valley to ensure convenience to i 1 cod work tiWu..dinanoes/tow ordinanerhnw ardinfince draft dvaefbur for second reading 42,-2U I 7-04 — 5 - Proposed towing ordinance-C. Driskell I Draft 34,ilenuaryFebruary 2017, 2004 I City residents in the retrieval of publicly impounded vehicles. The place of business and storage facility shall comply with all applicable state laws and regulations. All vehicles impounded within the City as a public impound, shall be placed within the storage facility of the towing business performing the impound, and shall remain within the storage facility until disposal. Section 10. Registered Tow Operators Authorized for Police lm op unds. A. The Police Department is authorized to establish and maintain a list of registered tow operators who are qualified for police impounds. Registered tow operators who meet all of the following criteria shall qualify for police impounds and be put on the police tow list: 1. meet all other requirements for registration under this Ordinance; 2. possess a current letter of appointment from the Washington State Patrol for Zone 2; 3. sign a contract with the City that the tow operator agrees to perform junk I vehicle tows pursuant to Spokane Valley Ordinance No. 67 as adopted or amended; 4. pay the annual registration fee. This fee shall be set by resolution of the City 0 Council. The registration shall expire on December 31st of the year for which the license was issued and there shall be no prorating of the license fee. The registration fee is a cost recovery mechanism for contract administration; and 5. have-a-storage facility ■rith•in-thz "- • . •. .. ': ley '" -at w ' op fFen. The police tow list shall be reviewed at least annually to determine if each registered tow operator listed thereon still possesses a current letter of appointment. Registered tow operators qualified for police impounds shall be rated class A registered tow operators. B. Class A List. 1. The list of qualified class A registered towing businesses kept pursuant to this Ordinance shall be used in connection with thepublic impoundi-gs within the Cite.-eta Orval-of disabled or abandoned vehicles or vehicles—w mpounded-under p r isions-e - . he-peliee 1 When a person makes a request to the Police Department or police dispatcher for towing services when the vehicle is not subject to public impound, the request shall be treated as a non-preference matter and the request shall be referred to a qualified class A registered tow operator in the same manner as if the police were requesting the towing service pursuant to an-a public impound. Icpd work file/ordinanrr_s/tow ordinancthow ordinance draft daseafour for second reading 4>_4017-04 - 6 - Proposed towing ordinance—C. Driskell Draft 34 2-017, 2004 C. All referrals under subsection 13 of this section shall be distributed on a rotation basis among qualified class A registered tow operators who have sinned a contract with notified thcthe police department in—writifng—e theiF---wila"fcuva►ess—to—neeept—std referrak .ursuant to subsection A(2) of this Section. D. Nlfxeept in regard to impounds, nothing in this Ordinance shall be construed to preclude any person from requesting the services of a registered towing business of their choice, unless in the opinion of the police department, accommodating such request would result in undue delay or the maintenance of a hazardous situation or condition. E. Class A registered tow operators shall observe the following practices and procedures when engaged in police impounds: 1. When called by the police department, the tow truck operator will dispatch a tow truck from within the City within five minutes and be moving in the City within ten minutes during normal business hours; 2. Tow trucks dispatched at the request of the patrolpolice department after normal business hours will be on the move within the City within twenty minutes after receiving the call; 3. The tow truck that is dispatched will arrive at the stated location within a censor a4?le-titne-eenside14ng distance, traffic and weather conditions;thirtyX30) minutes; 4. if for any reason a tow operator is unable to dispatch a tow truck within the stated time or if the dispatched truck will be delayed for any reason, the operator shall so advise the police department stating the reason and estimated time of arrival. In the event the tow truck fails to arrive at the scene within a reasonable time, the police department will contact another tow operator to respond to the scene and will cancel the original tow; 5. A tow operator on rotation who is unable to dispatch or arrive within the times stated in subsections 1, 2, 3 and 4 of this section will forfeit his turn and be placed at the bottom of the rotation list as if he had responded; 6. Consistent refusal or failure of the class A registered tow operator to respond to calls from the police department for towing services may result in the removal from the list of qualified class A registered tow operators; 7. The tow operator shall advise the police department when the tow company is temporarily unavailable to respond to rotational calls with a class A, 13 or C tow truck. Unavailability may occur due to conditions such as, but not limited to, other tow truck commitments, tow truck disabled and/or under repair, unforeseen driver shortage due to illness, etc. The period of unavailability may last less than an hour or much longer. The tow operator will give the reason for unavailability and approximately when the company will be available to respond to calls. :pd work file/ordinances/tow ordinance/tow ordinance daft rhreefour for second reading 41-2017-04 - 7 - Proposed towing ordinance—C. Driskell Draft 34, :l rruar-yrebruary ?017, 2004 The tow company will be removed from the rotational list and will not be called until the operator advises the police department that the company is once again able to respond to calls with an A, B or C class truck. In all such cases, the tow company will resume its normal position on the rotational list without regard to any missed calls or its position prior to being unavailable; 8. The tow operator will advise the police department whenever a private call is received for tow with circumstances that indicate that the tow is for a vehicle which has been involved in an accident neidcn e trip on the public roadway. The tow operator also will advise the police department of all private calls to motor vehicle accidents on private property resulting in bodily injury or death; 9. The tow operator will notify the police department before moving any vehicle involved in an accident on a public highway or street under the jurisdiction of the police department or where it appears that the driver of the vehicle to be moved is under the influence of intoxicants or drugs, or is otherwise incapacitated. 10. When the police department is in charge of an accident scene or other such incident, a tow operator shall not respond to the scene unless his services have been specifically requested by the police department, the driver/owner, or his agent. 11. The tow operator shall be available, or will ensure that specific employees are available, twenty-four hours a day for the purpose of receiving calls or arranging for the release of vehicles. This does not require the tow operator to maintain a staffed facility, twenty-four hours a day, only to have staff available to receive calls twenty-four hours a day,. _Business hours will be posted conspicuously at the operator's place of business so they can be seen during business hours and non-business hours. 12. The operator shall post a current copy of tow and storage rates arising from police-initiated tows in the following locations: a. At the entrance to the place of business, in a conspicuous location, plainly visible and readable by members of the public, whether the business is open or closed. If, in order to meet this requirement, the rate sheet must be placed in a location, exposed to the elements, it shall be protected so as to remain legible. b. Inside the business location, where business is commonly transacted. The rate sheets shall be posted in such manner as to be clearly and plainly visible and readable at all times by customers of the business. c. A copy of the current rates will be sent to the police department. Notice of any change(s) in service rates will be forwarded to the police department ten days before the effective date. of the change(s). d. In the event that an operator has only a class B truck and utilizes it for class A and B type tows, the operator shall file a rate sheet that specifies the rates Icpd work file/ordinances/tow ordinance/tow ordinance draft thrtQfour for second reading 4.240i 7-04 - S' - Proposed towing ordinance —C. Driskell I Draft 34, JarivaryFcbru rry 2-017, 2004 charged for the different types of tows. 'Whenever any operator utilizes a larger truck than the towed vehicle warrants, the operator shall charge fees based on the size of the towed vehicle, not the size of the truck used. Example: A class C truck is used, at the operator's discretion, to tow a class B truck size vehicle., The fees charged shall be those for a class B, not a class C. 13. Charges made for towing services arising from calls initiated by the police department shall be consistent with charges made for similar services performed at the request of the general public_ 14. Unless other arrangements are made with commissioned police personnel at the scene, all impounded vehicles shall be taken to the tow operator's nearest approved • storage location within the City, 15, The tow operator will maintain, for three years, records on towed and released vehicles that were towed at the request of the police department. This record will include, but i.s not to be limited to: a. An itemized receipt of all charges for the services provided; b. An inventory sheet or copy thereof madeout by the police officer at the scene of the tow and signed by the operator; a c, All other records required by the police department. such records will be available for inspection by the police department during normal business hours at the operator's place of business_ 1 _ The tow operator will sign an inventory sheet made out by the police officer at the scene. The tow operator shall obtain from the officer, and the officer shall provide, a signed authorization for the impound as required by F W 46.55.080(2). 17. Tow operators shall perform towing tasks competently according to a reasonable standard of care within the towing industry. • 18. No tow operator, employee or agent shall misappropriate, wrongfully convert to his/her own use, or abuse property belonging to another and entrusted to his/her care or storage. 19, Tow truck operators will use emergency lights to warn other motorists only when at the scene of accidents, disabled vehicles and/or recoveries. Such lighting shall • not be used when traveling to or from the scene. 20. Tow truck operators shall be responsible for cleaning accident/incident scenes epd work tilelordinanars/Eow ordinancehnw nrdin mar draft thsetiour for second reading 4-2-2 t7-04 — • Proposed towing ordinance—C. Driskell Draft 34,JanuaryFcbruary?017, 2004 of all vehicle glass and debris. 21. Specific operating restrictions and/or requirements, by truck class, are as follows: a. The standard air brake release tools (caging stud assemblies) required to be carried in the class Band C trucks shall be used, whenever necessary, to preserve potential evidence involving brake equipment or adjustment settings. When an operator is attempting to move a vehicle equipped with locked spring parking brakes that cannot be released by external air supply, the caging assemblies shall be used to release the brake tension. Under no circumstances shall the towed vehicle's brake assemblies or adjustments be moved or disturbed in any way that will prevent later determination of the pre- accident or incident settings. b. Class B trucks in excess of twenty-three thousand pounds gross vehicle weight rating need not carry dollies when towing or recovering heavy vehicles. c. Class D and E and S trucks shall not be used to respond to initial calls unless specifically authorized by police personnel at the scene or by local written policy approved by the chief of police. d. Class E trucks shall: i. When used for multiple vehicle towing/recovery (one on bed, one in tow), all invoice charges shall be evenly divided between the vehicles so transported; ii. Not be operated in excess of either gross vehicle weight rating or purchased tonnage weight limits; iii. Be required to carry its portable lights only when used in a towing mode. • 22. Whenever a special event or overflow storage lot is approved by the police department the operator shall maintain personnel at the lot twenty-four hours per day for security and vehicle and/or personal property release. If necessary, reimbursement for such labor shall be part of the contract for the special event, if appropriate, or by amended storage rates with a waiver of the ten-day rate change notice requirement approved by the police department. At the conclusion of a special event or overflow situation, all vehicles not reclaimed by the owner shall be towed to the operator's regular storage facility and processed in the normal fashion. No additional fee shall be charged for towing the vehicle from the Icpd work file/ordinances/tow ordinance tow ordinance draft Uwoefaur,for second reading.1-24011.04 - 10 - Proposed towing ordinance-C. Driskell Draft 34,4anuFebruary ?Al 7, 2004 overflow lot to the regular facility. • 23. All work performed by the operator and/or employee shall be in the most professional and expeditious manner. All invoices and other required forms shall be completed accurately and promptly. F. Records kept on City of Spokane Valley police impounds, including all services rendered at the request of the City of Spokane Valley police, shall be available for inspection by the police department during normal business hours. Section 11. Drivers. All drivers must be a least eighteen years of age, possess a valid Washington operator's license with.the proper class of commercial driver's license where required, and be able to demonstrate that he/she is covered by the insurance policy of the towing business specified in Section 5 of this Ordinance. Section 12. Soliciting Business. It is unlawful for any person to drive or operate a tow truck on any public street or way open to the public for the purpose of solicitation of business. without having been called to the location of an accident. disabled vehicle. or impound by the owner or operator of the vehicle,his authorized agent or the police. Section 123. Sel' 'r_ . • - _ • _ . sel.ieitatieo-e : .. • , •• 4i g-been-ee14ed to the location of an accident mix ifisolaleil-ve-hinpound by the owner or operater-ef-the-Yelliel s-authar or the-police. Section 13. Fees. Charged by Tow Operator for Police-Initiated Tows. The schedule of maximum fees shall conform to, and not be more than, the schedule of maximum fees then in effect by the Washington State Patrol. The schedule of maximum fees may be adjusted periodically by the police chief to conform to any adjustments made by the Washington State Patrol to its schedule of maximum fees. Any class A licensee shall not exceed the fees of such schedule for services rendered at the request of the police department or its dispatcher. Charging fees in excess of those specified in the fee schedule, or charging for services not actually rendered, may result in suspension from the list of class A registered tow operators authorized for police impounds. Private impound fees are set by the registered business operator and recorded with the Department of Licensing in accordance with Washington State Patrol guidelines. Section 144. No Vested Right to do Police Impounds. Netkinb-ire-hi-s-eh r ;hall ppoGel=i.be - •= '1 g-w tk-ene-er-more tow operators for tow servic-es requested by the pel'•- . -': • - - ---sepiees-w4li y-per-seoel-and equiptnee.t—It is the intent of this chapter to establish certain requirements for tow business and those-registered tow operators authorized to do police impounds, but not to cpd work file/ordinances/tow ordinance/tow ordinanoe draft three n kr for second reading+24817-04 - 11 - Proposed towing ordinance—C. Driskell Draft r4, Januar,February 2017, 2004 vest any specific rights to do police impounds or other police-requested towing services. Section 155. Violation-Penalty. A. Injunctive Action. Any violation of the provisions of this Ordinance constitutes a public nuisance, which the City can abate through the provisions of Spokane Valley Ordinance No. 83. E. Suspension/Revocation. Any violation of the provisions of this Ordinance may be grounds for suspension or revocation of a tow operator's registration with the City, pursuant to Section 7 of this Ordinance. C. Provisions Nonexclusive. Penalty and enforcement provisions provided in this chapter are not exclusive, and the City may pursue any remedy or relief it deems appropriate. Passed on this day of ItantiaffFebruarv, 2004. Mayor, Michael DeVleming 0 ATTEST: City Clerk, Chris Bainbridge APPROVED AS TO FORM: Deputy City Attorney, Cary P. Driskell Date of Publication: Effective Date: 0 cpd work file/ordinances/tow ordinance/tow ordinance draft difeefour for second reeding 4-2,4117-04 - 12 - CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: February 24, 2004 Item: Check all that apply: [I consent ®old business ❑ new business ❑ public hearing ❑ information ❑ admin. report ❑ pending legislation AGENDA ITEM: Consideration of an ordinance establishing Article V—Special Zones of the Spokane Valley Uniform Development Code and providing for flood damage prevention in accordance with the National Flood Insurance Program (NFIP), designating a Floodplain Administrator, repealing ordinances in conflict, establishing penalties for non-compliance, providing for severability and effective date GOVERNING LEGISLATION: Revised Code of Washington (RCW) 86.12.210 PREVIOUS COUNCIL/COMMISSION ACTION: Planning Commission opened a Public Hearing on December 4, 2003, and continued the hearing until January 8, 2004. On January 22, 2004 The Commission recommended approval. City Council approved the ordinance for second reading on February 3, 2004. BACKGROUND: The National Flood Insurance Program (NFIP) provides flood insurance for properties located within the 100-year floodplain designated by the Federal Emergency Management Agency. Spokane County participates in NFIP pursuant to RCW 86.12.200 and has developed a comprehensive flood control management plan exceeding the minimum requirements for participation in the national flood insurance program adopted by the Department of Ecology pursuant to RCW 86.16.031, as well as rules adopted by the Department of Ecology (RCW 86.26.050) relating to flood plain management activities. Numerous residential structures and several non-residential structures are located within flood hazard areas identified in Spokane Valley. Existing flood insurance policies will be continued under the umbrella of Spokane County NFIP participation during the one-year period prior to the City's acceptance into the program. The proposed ordinance has been reviewed and approved by DOE and FEMA. The standards for both residential and non-residential construction are a minimum of one foot above base flood elevation (BFE) as has been required by Spokane County. The minimum elevation for manufactured housing, however require that the bottom of the crawl space be elevated one foot or more above BFE. The proposed ordinance also provides that an engineering study be conducted in certain areas to demonstrate no impact to the ability of the floodplain to infiltrate, store and release floodwaters. These areas include Chester Creek: downstream of Mohawk Road, Saltese Creek: all areas of ponding and infiltration; Forker: south of the intersection of Forker Road and Progress Road; Central Park: west of Park Road; and Glenrose: west of Carnahan Road and south of 8th Ave. The only change is the deletion of a specific code reference to Hearing Examiner procedures. RECOMMENDED ACTION OR MOTION: Approval. BUDGET/FINANCIAL IMPACTS: Not applicable. QSTAFF CONTACT: Marina Sukup, AICP—Community Development Director ATTACHMENTS: Proposed Ordinance DRAFT ORDINANCE NO. 04-004 AN ORDINANCE OF THE CiTY OF SPOKANE VALLEY, WASHINGTON, ESTABLISHHING ARTICLE V SPECIAL ZONES AND PROVIDING FOR FLOOD DAMAGE PREVENTION IN CONFORMANCE. WITH THE NATIONAL FLOOD INSURANCE PROGRAM; DESIGNATING A FLOODPLAIN ADMiNISTRATOR; REPEALING ORDINANCES IN CONFLICT; ESTABLISHING PENALTIES FOR NON-COMPLIANCE; AND PROVIDING FOR SEVERABILiTY AND EFFECTIVE DATE. WHEREAS, the Legislature of the State of Washington has delegated the responsibility to local governmental units to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry; and WHEREAS, flood hazard areas are subject to periodic inundation which results in loss of life and property, health, and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affects the public health, safety, and general welfare; and WH EREAS, the regulation of construction within flood hazard areas assists in maintaining a stable tax base, ensures that potential purchasers of real property have notice of flood hazard conditions, and provides for the availability of flood insurance to the owners of real property; and WHEREAS,management of floodplain hazard areas is authorized pursuant to RCW 86.12.210; NOW, THEREFORE, the City Council of the City of Spokane Valley, Washington, do ordain as follows: Section 1. Article V of the Spokane Valley Development Code is hereby established to read as follows: EI Section 5.01. Purpose In order to limit flood damages and associated losses, the City provides for the following: (1) Restricting or prohibiting uses which are dangerous to health, safety, and property due to water or erosion hazards, or which result in damaging increases in erosion or in flood heights or velocities; (2) Requiring that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction; (3) Controlling the alteration of natural flood plains, stream channels, and natural protective harriers which help accommodate or channel flood waters; (4) Controlling filling, grading, dredging, and other development which may increase flood damage; and (5) Preventing or regulating the construction of flood barriers which will unnaturally divert floodwaters or may increase flood hazards in other areas. Ordinance 041-0 4 Flood insurance Page 1 of 15 DRAFT Section 5.02 Definitions Unless specifically defined below, words or phrases used in this ordinance shall he interpreted so as to give them the meaning they have in common usage and to give this ordinance its most reasonable application. "APPEAL" means a request for a review of the interpretation of any provision of this ordinance or a request for a variance. "AREA OF SHALLOW FLOODING" means a designated AO, or AN Zone on the Flood Insurance Rate Map(FIRM) and which has the following characteristics: (1) The base flood depths range from one to three feet; (2) A clearly defined channel does not exist; (3) The path of flooding is unpredictable and indeterminate; and, (4) Velocity flow may be evident. AO is characterized as sheet flow and AH indicates ponding. "AREA OF SPECIAL FLOOD HAZARD" means the land in the flood plain within a community subject to a one percent or greater chance of flooding in any given year. Designation on maps always includes the letters A or V. "BASE FLOOD" means the flood having a one percent chance of being equaled or exceeded in any given year. Also referred to as the "100-year flood." Designation on maps always includes the letters A or V. "BASEMENT' means any area of the building having its floor sub-grade (below ground level) on all sides. "BREAKAWAY WALL" means a wall that is not part of the structural support of the building and is intended through its design and construction to collapse under specific lateral loading forces, without causing damage to the elevated portion of the building or supporting foundation system. "CRITICAL FACILITY" means a facility for which even a slight chance of flooding might be too great. Critical facilities include, but are not limited to schools, nursing homes, hospitals, police, fire and emergency response installations, installations which produce, use or store hazardous materials or hazardous waste. "DEVELOPMEN I'" means any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials located within the area of special flood hazard. "ELEVATED BUILDING" means for insurance purposes, a non-basement building which has its lowest elevated floor raised above ground level by foundation walls, shear walls, post, piers, pilings, or columns. "EXISTING MANUFACTURED HOME PARK OR SUBDIVISION" means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the adopted floodplain management regulations. "EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR. SUBDIVISION" means the preparation of additional sites by the construction of facilities for servicing the lots on which the S;lcbuinbridgelOrdinanceslArticle V Floodplain 04-004.doc Po;c 2 of 15 DRAFT (—) manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads). "FLOOD" or "FLOODING" means a general and temporary condition of partial or complete inundation of normally dry land areas from: (I) The overflow of inland or tidal waters and/or (2) The unusual and rapid accumulation of runoff of surface waters from any source. "FLOOD INSURANCE RATE MAE' (FIRM)" means the official map on which the Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the community. "FLOOD INSURANCE STUDY" means the official report provided by the Federal Insurance Administration that includes flood profiles, the Flood Boundary-Floodway Map, and the water surface elevation of the base flood. "FLOODVVAY" means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot. "LOWEST FLOOR" means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access or storage, in an area other than a basement area, is not considered a building's lowest floor, provided that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements of this ordinance found at Section 5.06.8.1(2). "MANUFACTURED HOME" means a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term "manufactured home" does not include a"recreational vehicle." "MANUFACTURED HOME PARK OR SUBDIVISION" means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale. "NEW CONSTRUCTION" means structures for which the "start of construction" commenced on or after the effective date of this ordinance. "NEW MANUFACTURED HOME PARK OR SUBDIVISION" means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of adopted floodplain management regulations. "RECREATIONAL VEHICLE"means a vehicle which is: (1) Built on a single chassis; (2) 400 square feet or less when measured at the largest horizontal projection; (3) Designed to be self-propelled or permanently towable by a light duty truck; and (4) Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational,camping, travel, or seasonal use. "START OF CONSTRUCTION" includes substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, placement or other S:lcb+iinbridgelOrdinrnceslArliele V Floodplain 04-004.doc Page 3 of 15 DRAFT improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building. "STRUCTURE" means a walled and roofed building including a gas or liquid storage tank that is principally above ground. "SUBSTANTIAL DAMAGE" means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred. "SUBSTANTIAL IMPROVEMENT" means any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure either: (I) Before the improvement or repair is started; or (2) If the structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition"substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either: (1) Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions, or • (2) Any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places. • "VARIANCE" means a grant of relief from the requirements of this ordinance which permits construction in a manner that would otherwise be prohibited by this ordinance. "WATER DEPENDENT" means a structure for commerce or industry which cannot exist in any other location and is dependent on the water by reason of the intrinsic.nature of its operations. Section 5.03 5.03.01 APPLICABILITY This ordinance shall apply to all areas of special flood hazards within the jurisdiction of Spokane Valley, Washington. 5.03.02 BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD The areas of special flood hazard identified by the Federal Insurance Administration in a scientific and engineering report entitled "The Flood Insurance Study Spokane County" dated May 17, 1988, and any revisions thereto, with an accompanying Flood Insurance Rate Map (FIRM), and any revisions thereto, sacbainbridgelOrdinnnces\Article V Floodplain 04-004.doc Page 4 of 15 DRAFT are hereby adopted by reference and declared to be a part of this ordinance. The Flood insurance Study and the FIRM are on file at the office of the Spokane Valley Floodplain Administrator. 5.03.03 STOP WORK ORDERS Whenever any work is being done contrary to the provisions of this chapter, the Floodplain Administrator may order the work stopped by notice in writing directed to the owner of record and/or taxpayer and/or to those persons who are engaged in causing or contributing to such violation. Such persons shall forthwith stop or shall cause to be stopped any such work until authorized to proceed. 5.03.04 PENALTIES FOR NONCOMPLIANCE No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of this ordinance and other applicable regulations. Intentional violations of the provisions of this ordinance by failure to comply with any of its requirements (including violations of conditions, stop work orders, and safeguards established in connection with conditions), shall constitute a misdemeanor, with each day of continuing violation constituting a separate offense. Any person who intentionally violates this ordinance or fails to comply with any of its requirements shall upon conviction thereof be fined not more than $1,000 or imprisoned for not more than 90 days, or both, for each violation, and in addition shall pay all costs and expenses involved in the case. Nothing herein contained shall prevent the City of Spokane Valley from taking such other lawful action, including seeking civil penalties, as is necessary to prevent or remedy any violation. SECTION 5.03.05 ABROGATION AND GREATER RESTRICTIONS This ordinance is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this ordinance and another ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail. 5.03.06 INTERPRETATION In the interpretation and application of this ordinance, all provisions shall be: (1) Considered as minimum requirements; (2)Liberally construed in favor of the governing body; and, (3)Deemed neither to limit nor repeal any other powers granted under State statutes. 5.03.07 WARNING AND DISCLAIMER OF LIABILITY The degree of flood protection required by this ordinance is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. This ordinance does not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This ordinance shall not create liability on the part of the City of Spokane. Valley, any officer or employee thereof, or the. Federal Insurance Administration, for any flood damages that result from reliance on this ordinance or any administrative decision lawfully made hereunder. SECTION 5.04. ADMiNISTRATION 5.04.01 DEVELOPMENT PERMIT REQUIRED A development permit shall be obtained before construction or development begins within any area of special flood hazard established in Section 5.03.2. The permit shall be for all structures including manufactured homes, as set forth in the "DEFINITIONS," and for all development including fill and other activities, also as set forth in the"DEFINITION'S." Sacbainbridge\Ordinanocs&Article V Floodplain 04-004.doc Page 5 of 15 DRAFT 5.04.02 APPLICATION FOR DEVELOPMENT PERMIT Application for a development permit shall be made on forms furnished by the City and may include, but not be limited to, plans in duplicate drawn to scale showing the nature, location, dimensions, and elevations of the area in question; existing or proposed structures, fill, storage of materials, drainage facilities, and the location of the foregoing. Specifically,the following information is required: (1)Elevation in relation to mean sea level, of the lowest floor(including basement)of all structures; (2) Elevation in relation to mean sea level to which any structure has been flood-proofed; (3)Certification by a registered professional engineer or architect that the flood-proofing methods for any nonresidential structure meet the flood-proofing criteria in Section 5.06.8.2;and (4)Description of the extent to which a watercourse will be altered or relocated as a result of proposed development. 5.04.03 DESIGNATION OF THE LOCAL ADMINISTRATOR The Community Development Director is hereby designated as Floodplain Administrator and appointed to administer and implement this ordinance by granting or denying development permit applications in accordance with its provisions. 5.04.04 DUTIES AND RESPONSIBILITIES OF THE LOCAL ADMINISTRATOR Duties of the Floodplain Administrator shall include, but not be limited to: 5.04.04.1 PERMIT REVIEW (1) Review all development permits to determine that the permit requirements of this ordinance have been satisfied. (2) Review all development permits to determine that all necessary permits have been obtained from those Federal, State, or local governmental agencies from which prior approval is required. (3) Review all development permits to determine if the proposed development is located in the floodway. If located in the floodway, assure that the encroachment provisions of Section 5.06.10 are met. 5.04.04.2 USE OF OTHER BASE FLOOD DATA (In A and V Zones) When base flood elevation data has not been provided (A and V Zones) in accordance with Section 5.03.02, BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD, the Floodplain Administrator shall obtain, review, and reasonably utilize any base flood elevation and floodway data available from a Federal, State or other source, in order to administer Sections 5.06.8, SPECIFIC STANDARDS, and 5.06.10 FLOODWAYS. 5.04.04.3 INFORMATION TO BE OBTAINED AND MAINTAINED (I) Where base flood elevation data is provided through the Flood Insurance Study, FIRM, or required as in Section 5.04.4.2, obtain and record the actual elevation (in relation to mean sea level) of the lowest floor (including basement) of all new or substantially improved structures, and whether or not the structure contains a basement. (2) For all new or substantially improved flood-proofed structures where base flood elevation data is provided through the Flood Insurance Study,FiRM, or as required in Section 5.04.4.2: (1) Obtain and record the elevation (in relation to mean sea level)to which the structure was flood-proofed and • (ii) Maintain the flood-proofing certifications required in Section 5.04.2(3). $;kbainbridge\ordinnces4Aiti:.le V Floodplain 04.9P4.doc Pagc 6 of 15 DRAFT (iii)Maintain for public inspection all records pertaining to the provisions of this ordinance. 5.04.04.4 ALTERATION OF WATERCOURSES (1) Notify adjacent communities and the Department of Ecology prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Insurance Administration. (2) Require that maintenance is provided within the altered or relocated portion of said watercourse so that the flood carrying capacity is not diminished. 5.04.04.5 INTERPRETATION OF FiRM BOUNDARIES Make interpretations where needed, as to exact location of the boundaries of the areas of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions). The person contesting the interpretation of the Floodplain Administrator in relation to the boundary shall be given a reasonable opportunity to appeal pursuant to the procedures outlined in Section 5.05. 5.05 VARIANCE PROCEDURE 5.05.01 (1) The duly appointed Hearing Examiner shall hear and decide requests for variances from the requirements of this section pursuant to the procedural requirements e€-- this hi�rs-Code, as adopted or hereafter amended, following notice of not less than fifteen (15) days and public hearing. In passing upon such applications, the Hearing Examiner shall consider all technical evaluations, all relevant factors, standards specified in other sections of this ordinance, and: (i) The danger that materials may be swept onto other lands to the injury of others; (ii) The danger to life and property due to flooding or erosion damage; (iii)The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner; (iv)The importance of the services provided by the proposed facility to the community; (v) The necessity to the facility of a waterfront location, where applicable; (vi) The availability of alternative locations for the proposed use which arc not subject to flooding or erosion damage; (vii) The compatibility of the proposed use with existing and anticipated development; (viii) The relationship of the proposed use to the comprehensive plan and flood plain management program for that area; (ix) The safety of access to the property in times of flood for ordinary and emergency vehicles; (x) The expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters and the effects of wave action, if applicable, expected at the site; and, n s:lebainbridge\Ordinances\Article V Floodplain 04.004,doc Page 7 of 15 DRAFT (xi)The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water systems, and streets and bridges. (2) Upon consideration of the factors and the purposes of this ordinance, the Hearing Examiner may attach such conditions to the granting of variances as it deems necessary to further the purposes of this ordinance. (3) The City shall maintain the records of all appeal actions and report any variances to the Federal Insurance Administration upon request. (4) The decision of the Hearing Examiner on any appeal shall be final and conclusive, subject to an appeal filed timely pursuant to Chapter 36.70C RCM/. 5.05.2 Conditions for Variances (1) Generally, the only condition under which a variance from the elevation standard may be issued is for new construction and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing items(i-xi) in Section 5.05.1 have been fully considered. As the lot size increases the technical justification required for issuing the variance increases. (2)Variances may be issued for the reconstruction, rehabilitation, or restoration of structures listed on the National Register of Historic Places or the State Inventory of Historic Places, without regard to the procedures set forth in this section. (3)Variances shall not be issued within a designated floodway if any increase in flood levels during the base flood discharge would result. (4)Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief. (5)Variances shall only be issued upon: (i) A showing of good and sufficient cause,pursuant to Section 5.05(1) of this chapter; (ii) A determination that failure to grant the variance would result in exceptional hardship to the applicant; (iii) A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances. (6) Variances as interpreted in the National Flood Insurance Program are based on the general zoning law principle that they pertain to a physical piece of property; they are not personal in nature and do not pertain to the structure, its inhabitants, economic or financial circumstances. (7) Variances may be issued for nonresidential buildings in very limited circumstances to allow a lesser degree of flood-proofing than watertight or dry-flood-proofing, where it can be determined that such action will have low damage potential, complies with all other variance criteria except 5.05.2(1), and otherwise complies with Sections 5.06.2, 5.06.4, and 5.06.5 of the GENERAL STANDARDS. S:\cbainbrida.e\Ordinance.Mrticle V Floodploin 04-004.doc Page 8 of 15 DRAFT (8) Any applicant to whom a variance is granted shall be given written notice that the structure will be permitted to be built with a lowest floor elevation below the base flood elevation and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation. 5.05.03 APPEALS The duly appointed Hearing Examiner shall hear and decide appeals pursuant to Section 2.02 of this code, as adopted or as hereafter amended. following notice of not less than fifteen(15)days and public hearing. The Hearing Examiner shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the Floodplain Administrator in the enforcement or administration of this ordinance. The decision of the Hearing Examiner on any appeal shall be final and conclusive, subject to an appeal filed timely pursuant to Chapter 36.70C RCW. SECTION 5.06.PROVISIONS FOR FLOOD HAZARD REDUCTION 5.06.01 GENERAL STANDARDS In all areas of special flood hazards,the following standards are required: 5.06.02 ANCHORING (1) All new construction and substantial improvements shall be anchored to prevent flotation, collapse, or lateral movement of the structure. (2) All manufactured homes must likewise be anchored to prevent flotation, collapse, or lateral movement, and shall be installed using methods and practices that minimize flood damage. Anchoring methods may include, but are not limited to, use of over-the-top or frame ties to ground anchors (Reference FEMA's "Manufactured Home Installation in Flood Hazard Areas" guidebook for additional techniques). 5.06.03 Al-1 ZONE DRAINAGE Adequate drainage paths are required around structures on slopes to guide floodwaters around and away from proposed structures. 5.06.04 CONSTRUCTION MATERIALS AND METHODS (1) All new construction and substantial improvements shall be constructed with materials and utility equipment:resistant to flood damage. (2) All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage. (3) Electrical, heating, ventilation, plumbing, and air-conditioning equipment and other service facilities shall be designed and/or otherwise elevated or located so as to prevent water from entering or accumulating within the components during conditions of flooding. 5.06.05 UTILITIES (1) All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the systems; (2)The proposed water well shall be located on high ground that is not in the floodway (WAC 173- . 160-171); S;tcbainbridget0rdin ncesWrdele V Floodplain 04-004.doc Page 9 of 15 DRAFT (3) New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters; and, (4)Onsite waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding. 5.06.06 SUBDIVISION AND OTHER PROPOSED DEVELOPMENTS (1)All development proposals shall be consistent with the need to minimize flood damage; (2) All subdivision proposals shall have public utilities and facilities, such as sewer, gas, electrical, and water systems located and constructed to minimize or eliminate flood damage; (3)All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage; and, (4) Where base flood elevation data has not been provided or is not available from another authoritative source, it shall be generated by a civil engineer licensed in the state of Washington for subdivision proposals and other proposed developments. 5.06.07 REVIEW OF BUILDING PERMITS Where elevation data is not available either through the Flood Insurance Study, FIRM, or from another authoritative source (Section 5.04.4.2), applications for building permits shall be reviewed to assure that proposed construction will be reasonably safe from flooding. The test of reasonableness is the Floodplain Administrator's judgment and includes, but is not limited to use of historical data, high water marks, photographs of past flooding, etc., where available. The Floodplain Administrator may require the applicant to locate the lowest floor at least two feet above the highest adjacent natural ground surface. Failure to elevate at least two feet above the highest adjacent natural ground surface in these zones may result in higher insurance rates. 5.06.08 SPECIFIC STANDARDS In all areas of special flood hazards where base flood elevation data has been provided (Zones A1-30, AH, and AE) as set forth in Section 5.03.2, BASIS FOR ESTABLISHING THE AREAS OF SPECIAL Fi_OOD HAZARD, or Section 5.04.4.2, Use of Qther Base Flood Data, the following provisions are required: 5.06.08.1 RESIDENTIAL CONSTRUCTION (1)New construction and substantial improvement of any residential structure shall have the lowest floor, including basement, elevated one foot or more above the base flood elevation. See Section 5.06.4 for additional requirements. (2) Fully enclosed areas below the lowest floor that are subject to flooding are prohibited, or shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a professional engineer or architect licensed in the state of Washington or must meet or exceed the following minimum criteria: (i)A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided. (ii) The bottom of all openings shall be no higher than one foot above grade. (iii) Openings may be equipped with screens, louvers, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters. S:lcbainbridge\Ordinances\Article V Floodplain 04-004.doc Page 10 of 15 DRAFT 5.06.08.2 NON RESIDENTIAL CONSTRUCTION New construction and substantial improvement of any commercial, industrial or other nonresidential structure shall either have the lowest floor, including basement, elevated one foot or more above the base flood elevation; or,together with attendant utility and sanitary facilities, shall: (I) Be flood-proofed so that below one foot or more above the base flood level the structure is watertight with walls substantially impermeable to the passage of water; (2) Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; (3) Be certified by a professional engineer or architect licensed in the state of Washington that the design and methods of construction are in accordance with accepted standards of practice for meeting provisions of this subsection based on their development and/or review of the structural design, specifications and plans. (4) Nonresidential structures that are elevated, not flood-proofed, must meet the same standards for space below the lowest floor. (5) Applicants flood-proofing nonresidential buildings shall be notified that flood insurance premiums will be based on rates that are one foot below the flood-proofed level (e.g. a building flood-proofed to the base flood level will be rated as one foot below). 5.06.08.3 MANUFACTURED HOMES (1) All manufactured homes to be placed on substantially improved sites (i) Outside of a manufactured home park or subdivision, (ii) In a new manufactured home park or subdivision, (iii) In an expansion to an existing manufactured home park or subdivision,or (iv) In an existing manufactured home park or subdivision on which a manufactured home has incurred "substantial damage" as the result of a flood; shall be elevated on a permanent foundation such that the bottom of the crawl space of the manufactured home is elevated one foot or more above the base flood elevation and be securely anchored to an adequately anchored foundation system to resist flotation, collapse and lateral movement. See also Section 5.06.4 for additional requirements. (2) Manufactured homes to be placed on substantially improved sites in an existing manufactured home park or subdivision that are not subject to the above manufactured home provisions shall be elevated so that either: (i) The bottom of the crawl space of the manufactured home is elevated one foot or more above the base flood elevation, or (ii)The manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than 36 inches in height above grad and be securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement. • 5.06.08.4 RECREATIONAL VEHICLES Recreational vehicles placed on sites are required to either: (i) Be on the site for fewer than 180 consecutive days, (ii) Be fully licensed and ready for highway use, on its wheels or jacking system, is attached to S!VzbainbridgelordinancestiArticle V Floodlplain 04.004.doc Page 11 of 15 DRAFT the site only by quick disconnect type utilities and security devices, and has no permanently attached additions; or (iii) Meet the requirements of 5.06.8.3 above and the elevation and anchoring requirements for manufactured homes. • 5.06.09 BEFORE REGULATORY FLOODWAY (1) in areas where a regulatory floodway has not been designated, no new construction, substantial improvements, or other development (including fill) shall be permitted within Zones A1-30 and AE on the community's FIRM, unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one foot at any point within the community. (2) in the unnumbered A and B 'zones,the development may not increase the water surface elevation of the base flood by more than one (1)foot at any point. (3) In the A zones where base flood elevations have been provided, but floodways have not been established,the development may not increase the surface water elevation of the base flood by more than one-tenth (l/10`")of a foot at any point. (4) In the A zones where base flood elevations have been provided and floodways have been established, the development may not increase the surface water elevation of the base flood at any point. (5) All adjacent or other property owners impacted by the development within the floodplain must give their written,notarized approval for increased base flood elevations upon their property. 5.06.10 FLOODWAYS Located within areas of special flood hazard established in Section 5.03.2 are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of floodwaters which carry debris, potential projectiles,and erosion potential,the following provisions apply: (1) Prohibit encroachments, including fill, new construction, substantial improvements, and other development unless certification by a registered professional engineer is provided demonstrating through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the proposed encroachment would not result in any increase in flood levels during the occurrence of the base flood discharge. (2) Construction or reconstruction of residential structures is prohibited within designated floodways, except for (i) repairs, reconstruction, or improvements to a structure which do not increase the ground floor area; and (ii) repairs, reconstruction or improvements to a structure, the cost of which does not exceed 50 percent of the market value of the structure either, (A) before the repair, or reconstruction is started, or(B) if the structure has been damaged, and is being restored, before the damage occurred. Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions or to structures identified as historic places maybe included in the 50 percent. (3)If Section 5.06.10(1) is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of Section 5.06. PROVISIONS FOR FLOOD HAZARD REDUCTION. S:lcbainbridge40rdinancesWticle V Floodplain 04-004.doc Page 12 of 15 DRAFT 5.06.1 1. Water-Dependent Works. For water-dependent utilities and other installations which by their very nature must be in the flood fringe and/or floodway (such uses as, but not limited to, roads, bridges, marinas, dams for domestic/industrial water supply, flood control and/or hydroelectric production; water diversion structures and facilities for water supply, irrigation, and/or fisheries enhancement; flood water and drainage pumping plants and facilities; hydroelectric generating facilities and appurtenant structures; structural and nonstructural flood damage reduction facilities, and stream bank stabilization structures and practices), these provisions apply: (I) The applicant shall supply convincing evidence that a flood fringe and/or floodway location is necessary in view of the objectives of the proposal and provided further that the proposal is consistent with other provisions of this title and relevant local, state and federal regulations. (2) In all instances of locating utilities and other installations in floodway locations, project design must incorporate flood-proofing certified by a professional civil engineer registered as such by the State of Washington to be capable of withstanding 100-year flood flows and velocities. (3) For any works that impound water, the applicant shall provide documentation of easements, flowage rights or ownership of the impoundment area and certification by a professional civil engineer registered as such by the State of Washington that the works will cause no increase in the 100-year flood elevation outside the impoundment areas and that the works and associated impoundment area will not impair the ability of natural drainageways to drain floodwaters adequately during a flooding event. 5.06.12 STANDARDS FOR SHALLOW FLOODING AREAS (AO ZONES) Shallow flooding areas appear on FTRMs as AO zones with depth designations. The base flood depths in these zones range from 1 to 3 feet above ground where a clearly defined channel does not exist, or where the path of flooding is unpredictable and where velocity flow may be evident. Such flooding is usually characterized as sheet flow. in these areas,the following provisions apply: (1) New construction and substantial improvements of residential structures and manufactured homes within AO zones shall have the lowest floor (including basement) elevated above the highest adjacent grade to the structure, one foot or more above the depth number specified in feet on the community's FIRM (at least three feet above the highest adjacent grade to the structure if no depth number is specified). (2) New construction and substantial improvements of nonresidential structures within AO zones shall either: (i) Have the lowest floor(including basement) elevated above the highest adjacent grade of the building site, one foot or more above the depth number specified on the FIRM (at least three feet if no depth number is specified); or (ii) Together with attendant utility and sanitary facilities, be completely flood proofed to or above that level so that any space below that level is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. If this method is used, compliance shall be certified by a registered professional engineer or architect as in subsection(3)of Section 5.06.8.2. (3) Require adequate drainage paths around structures on slopes to guide floodwaters around and away from proposed structures. • (4)Recreational vehicles placed on sites within AO Zones on the community's FIRM either: S:lchainbrideelOrdinances\Article V Floodplain 04-004.doc Page 13 of 15 DRAFT (i)Be on the site for fewer than 180 consecutive days, (ii)Be fully licensed and ready for highway use, on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions: or (iii)Meet the requirements of 5.06.11(1) and 5.06.11(3) above and the anchoring requirements for manufactured homes(Section 5.06.2(2)). 5.06.13. SPECIAL REQUIREMENTS — CHESTER CREEK, SALTESE CREEK, PORKER, AND CENTRAL PARK FLOODPLAINS. In addition to the other requirements of this chapter, the following areas shall not be covered by impervious surfaces or fill unless an engineering study is prepared by a professional civil engineer, registered as such by the state of Washington, that shows no impact to the ability of the floodplain to infiltrate, store and release floodwaters: (1) Chester Creek: downstream of Mohawk Road, (2) Saltese Creek: all areas of ponding and infiltration, (3) Forker: south of the intersection of Forker Road and Progress Road, (4) Central Park: west of Park Road. (5) Glenrose: west of Carnahan Road and south of 86 Ave 5.06.14 CRITICAL FACILITIES Construction of new critical facilities shall be, to the extent possible, located outside the limits of the Special Flood Ha7lyd Area(SFHA) (100-year floodplain). Construction of new critical facilities shall be permissible within the SFHA if no feasible alternative site is available. Critical facilities constructed within the SFHA shall have the lowest floor elevated three feet above BFE or to the height of the 500- year flood, whichever is higher. Access to and from the critical facility should also be protected to the height utilized above. Flood-proofing and sealing measures must be taken to ensure that toxic substances will not be displaced by or released into floodwaters. Access routes elevated to or above the level of the base flood elevation shall be provided to all critical facilities to the extent possible." Section 2. Appendix "B" of the Spokane Valley Development Code is established to assess fees for Floodplain Development Permits by resolution of City Council. Section 3. Severability. If any provision of this chapter or the application to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the chapter which can be given effect without the invalid provision or application, and to this end the provisions of the chapter are declared to be severable. S:lcbainbridgcOrdinances&Article V Floodplain 04-004.doc Page 14 of 15 DRAFT O Section 4. Effective date. This ordinance shall be in full force and effect five (5) days after publication of this ordinance or a summary thereof in the official newspaper of the.City as provided by law. Approved by the City Council this day of , 2004. Michael DeVleming, Mayor ATTEST: Christine Bainbridge, City Clerk Approved as to form: Cary P. Driskell,Deputy City Attorney Date of publication:, Effective date: 0 0 S:l cbainbridgc\Ordin:utces.Article V Floodpinin 04.004.doc Pagc 15 of 15 Q CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: February 24, 2004 City Manager Sign-off: Item: Check all that apply: ❑ consent ❑ old business 0 new business ❑ public hearing ❑ information ❑admin. report ❑ pending legislation AGENDA ITEM TITLE : First Reading Proposed Stormwater Ordinance 04-007 GOVERNING LEGISLATION: PREVIOUS COUNCIL ACTION TAKEN: BACKGROUND: OPTIONS: RECOMMENDED ACTION OR MOTION: Advance Ordinance to a second reading o BUDGET/FINANCIAL IMPACTS: None STAFF CONTACT: ATTACHMENTS a DRAFT CITY OF SPOKANE VALLEY SPOKANE COUNTY,WASHINGTON ORDINANCE NO. 04-007 AN ORDINANCE OF THE CITY OF SPOKANE VALLEY,WASHINGTON ADOPTING STORMWATER DRAINAGE REGULATIONS THAT RELATE TO THE PERMITTING PROCESS, CONSTRUCTION AND MAINTENANCE OF STORMWATER I+ACILITIES. WHEREAS, in 1974, Congress enacted the Safe Drinking Water Act (SDWA) to protect public health by regulating the nation's drinking water supply. The Act authorized the Environmental Protection Agency(EPA)to protect surface and groundwater supplies. WHEREAS, under the SDWA, in 1978, EPA determined that the Spokane Valley-Rathdrum Prairie was the sole or principal source of drinking water in this region (Sole Source Aquifer or SSA). This determination meant that no federal financial assistance may be used in this region for any project which EPA determines may contaminate the aquifer resulting in significant hazards to public health or the environment. WHEREAS, the SDWA also established the Underground Injection Control (UIC) Program to provide safeguards for underground sources of drinking water. In 1984, EPA delegated UTC authority to the Washington Department of Ecology(Ecology). WHEREAS, the SSA and the UK- are. programs that prohibit actions that endanger drinking water sources. WHEREAS, EPA and Ecology have determined that public and private construction projects must meet groundwater protection standards and have recognized the Spokane County Guidelines for Stormwater Management as such standards. WHEREAS, through Ordinance No. 32 the City of Spokane Valley adopted the "Spokane County Guidelines for Stormwater Management" as amended, as the interim design guidelines for stormwater management within the City of Spokane Valley; WHEREAS, in order to provide for the continued management and control of stormwater within the City it is necessary to develop regulations that relate to the permitting process, construction and maintenance of stormwater facilities within the.City; and WHEREAS, the purpose of this ordinance is to provide authority for stormwater review, development and control with respect to the use of land, the construction and maintenance of stormwater facilities on public and private property, the unlawful discharge of pollutants into a stormwater facility, and other matters properly related thereto; NOW THEREFORE, the City Council of the City of Spokane Valley, Washington do ordain as follows: Section 1. Finding and Pur ose. The increased flow of surface water from the use and development of real property within the City must be managed to protect persons, property, and the Q environment. Stormwater facilities are a common feature of urban development which must be constructed and maintained when property is developed or redeveloped within a geographic area. The City shall implement policies and procedures to: Stormwater Ordinance 04-007 Page I of 7 DRAFT (1) minimize the degradation of water quality in surface and ground water; (2) reduce the impact from increased surface water flow, erosion and sedimentation caused by the development of property; (3) promote site planning and land development practices that are consistent with the topographical and hydrological conditions; and (4) maintain and protect public and private property that is used and dedicated for stormwater management. Section 2. Definitions. The following definitions shall apply throughout this Ordinance. A. "Best management practices (BMP)" means currently available, feasible and generally accepted techniques or practices that mitigate the adverse impact from the uncontrolled stormwater on the environment, surrounding properties and infrastructure. B. "City Property" means real property owned by the City which may include easements, dedications and right of way. C. "City Standards" means the "Spokane County Guidelines for Stormwater Management" and other standards developed or recognized by the Director that relate to best management practices, threshold requirements for a site drainage plan, exemptions, permitting processes forms and such other matters for the administration of stormwater control. D. "Director" means the City Director of Public Works as authorized by the City Manager. E. "Erosion" means the disturbance of land or transportation of soil or other native materials by running water,wind, ice or other geological agents. • F. "Site Drainage Plan" means a plan, depending upon its complexity, either prepared by the property owner, agent or professional engineer that identifies the stormwater control area, stormwater facilities and other measures reasonably required by the Director. The plan may contain analysis and recommendations based upon the "City Standards". G. "Stormwater" means that portion of precipitation or snow melt that has not naturally percolated into the ground or otherwise evaporated, but is contained, transported or flowing above ground through streets, swales, channels, pipes, artificial or natural surfaces.. H. "Stormwater Facility" means the drainage system including, but not limited to, dry well, channel, swale, ditch, detention, retention, and/or infiltration facility designed to contain and control stonnwater. 1. "Threshold Requirements" means the level of development, volume, or peak flow of stormwater that must be controlled. J. "Performance Surety" means a financial guarantee that infrastructure required for a project will be constructed and certified according to the accepted plans and specifications and all applicable standards. • Sto nwater Ordinance 04-007 Paso 2 of 7 DRAFT O K. "Warranty Surety" means a financial guarantee against defects in the construction of all required infrastructure for a project. Section 3. Regulated Activities. No person on any public or private real property located within the City, shall engage in the following regulated activities without first obtaining stormwater control approval from the City. The regulated activities for development are: (1) grading of land in excess of 500 cubic yards so as to require environmental review pursuant to the State Environmental Policy Act; (2) the construction of or addition to a building except a single family or duplex residence; (3)placement of impervious surfaces in excess of 5,000 square feet; and (4) the subdivision, short subdivision and binding site plan process as defined in RCW Chapter 58.17 and City Ordinance. Section 4. Authority to develop and administer standards. The Director shall develop and administer City Standards that relate to best management practices and the threshold requirements for the development of stornnvater control facilities. The Director is further authorized to develop policies that relate to the submission and modification of stormwater, erosion and sediment control plans. Requirements and performance standards that include best management practices shall be designed to control and contain stormwater, reduce soil erosion and sedimentation through the use of temporary and permanent practices and facilities. The requirements shall be designed to permit flexibility in the choice of stormwater erosion and sediment control methods that meet the specific circumstances of each site and intended use. A. Review Process Following submittal of a request to engage in a regulated activity, the Director shall review the proposed regulated activity including any plans or other submitted material. The Director shall determine whether the regulated activity is exempt from review based upon the threshold requirements, or alternatively whether the regulated activity complies with the standards, specifications and requirements contained in the City standards. The Director may require the submission of additional material and/or analysis to allow the proponent to demonstrate compliance with City Standards. The Director may require that such additional analysis or plan be prepared by a professional engineer licensed in the State of Washington. Section 5. Conditions of Approval. The Director is authorized to impose development requirements or conditions of approval for the regulated activities. The stormwater requirements or conditions may be placed on the subdivision, binding site plan, issued permit, or a recorded notice may be placed upon a parcel or lot where drainage facilities will be developed. Conditions of approval shall be based on the City Standards, the preliminary Site Drainage Plan, engineering reports or other relevant data that promotes stormwater control, protection of adjacent properties, utilities or other stormwater facilities,slope stabilization and the environment. A recorded notice shall be in substantially the following form. Stornmater Ordinance 04-007 Page 3 of 7 DRAFT "Drainage swale systems, drainage ditches, and facilities necessary for the control and treatment for stormwater runoff. The property owner shall be responsible for repair, restoration, and perpetual maintenance of drainage swale systems, drainage ditches and facilities installed on residential lots. The property owner shall be responsible for keeping open drainage and stormwater easements and maintenance access easements serving drainage facilities and drainage easements. Upon the transfer of a residential lot, this title notice shall serve to notify the successor in interest of the above duties to maintain, repair and restore the drainage swale and/or drainage ditches on the property and to keep open drainage and stormwater and maintenance access easements. The City may also enter into a development agreement with the person having ownership or control of the real property that is subject to this Ordinance. Such development agreement shall be entered into pursuant to RCW 36.70B.170,et.sec. Section 6. Design Elements. Drainage facilities shall be designed as to not impact any individual single family residential lot. Stormwater treatment and disposal swales and ponds shall be designed as: (1) Continuous swales adjacent to the street located between the curb and sidewalk. These swales shall be located within City Right-of-Way or within a border easement granted to the City,or; (2) Consolidated ponds or swales that are located on a separate tract or lot owned by a homeowners association or dedicated to the City. Consolidated ponds or swales are acceptable on private commercial developments. Swales and ponds located on individual single family residential lots are prohibited, unless agreed by the property owner and Director. The Director is authorized to review street construction and building site approach and drainage proposals and to deny those that are found to be not in conformance with these regulations and the City Standards. Section 7. Deviations and Appeals 1.Authority. The Director may grant a deviation from the requirements of this Ordinance or City Standard. In granting any deviation, the Director may prescribe conditions that are deemed necessary or desirable for the public interest. 2. Deviation Criteria. No deviation shall be granted unless the applicant demonstrates, to the satisfaction of the Director the following: A.Deviations are based upon sound engineering principles, best management practices and are not inconsistent with the public interest in stormwater control and environmental protection; and B. The granting of the deviation will not be unduly detrimental or injurious to other properties in the vicinity and downstream. Stcunrnater Ordinance 04-007 Page 4 of 7 DRAFT O3. Prior approval: Any deviation shall be approved prior to acceptance of residential and commercial construction plans and issuance of any building, approach, or site work permits. 4. Right of appeal: All actions of the Director in the administration and enforcement of this chapter shall be final and conclusive, unless within 15 days from notice of the Director's action, the applicant or an aggrieved party files a notice of appeal with the Hearing Examiner. Section 8. Stormwater Drainage Facility Construction and Sureties. Unless otherwise provided by the Director, all private stormwater drainage facilities shall be completely constructed and certified in accordance with the accepted plans on file at the City or shall be secured by a performance surety as determined by the Director. A warranty surety is required upon successful completion and certification of all improvements to be dedicated to the public.The warranty surety will be for a period of two(2)years from the date the facility is completed. Prior to the release of any performance surety the proponent will: (1) For swales and ponds on City Property, homeowner's association property, or private commercial property, the proponent:will complete and certify the facilities in accordance with the accepted construction plans on file with the City, request an inspection from City O personnel, and receive acceptance from the City inspector. All fine grading, landscaping, irrigation, and establishment of specified vegetation shall be completed and certified. At the discretion of the Director,a field test of the facility shall be performed by flooding the swale or pond to the design volume in the presence of the City inspector. (2) For continuous swales located between the curb and sidewalk on residential or commercial projects, the proponent will install all drywells, inlets, curb drops and other structures in accordance with the accepted construction plans on file with the City. The swales shall be rough graded to the required volumes. Erosion control measures shall be implemented to protect the installed drainage structures and to prevent failure of the swale side slopes. The proponent shall certify the improvements and request an inspection from City personnel. The proponent must receive acceptance from the City inspector. Prior to the issuance of the Certificate of Occupancy For residential or commercial buildings by the City, the proponent will: Complete the fine grading, landscaping, irrigation, and establishment of all specified vegetation. The proponent shall certify the improvements and request an inspection from City personnel. The proponent must receive acceptance from the City inspector. At the discretion of the Director, a field test of the facility shall be performed by flooding the swale or pond to the design volume in the presence of the City inspector. Section 9. Inspection The Director is authorized to field inspect, as appropriate, street, building site, and drainage construction to verify conformance with City standards and the conditions of approval. • Stormwater Ordinance 04-007 Page 5 o17 DRAFT Section 10. Property Owner Responsibilities. A. The property owner shall comply with this Ordinance and City standards. The property owner shall be responsible for repair, restoration, and perpetual maintenance of the stormwater facility installed on private property. For purposes of this chapter, "repair and restoration" shall mean conforming the stormwater facility with the plans on file with the City. "Maintenance" means preservation of the original area, volume, configuration and function of the stormwater facility as described in the plans. This responsibility to repair, restore and maintain shall be imposed without regard to any fault or wrongful intention on the part of the property owner. 13. The property owner is responsible for keeping open the drainage and stormwater easements on their property. If a drainage or stormwater easement is unlawfully encroached upon or the function of a designated drainage or stormwater easement is reduced, the property owner is responsible for removing the encroachment or detriment. C. The property owner is responsible for keeping open maintenance access easements serving drainage facilities and drainage easements. D.The Property owner shall not place or permit, and shall immediately remove, vehicles, equipment,objects, refuse,garbage or litter from the Stormwater Facility. Section H. Public Draina e Facilities. It shall be unlawful for any person to throw, drain, pour or otherwise discharge unauthorized waters onto City property or rights-of-way, without written permission of the Director. For purposes of this chapter, unauthorized waters include, but are not limited to: (a) The changing of groundwater from springs or other natural or artificial sources, foundation drains, sump pumps, and other means of discharging groundwater to the surface; (b) Surface water containing sediment; (c) Discharges from swimming pools, hot tubs, detention or evaporation ponds; (d) Water discharged from the cleaning of containers or equipment used in laying, cutting, or processing concrete and mortar and the water used in such processes; (e) Water discharged from the cleaning of equipment or containers holding paint solvents or similar contaminants; and (f) Other water posing a safety hazard in the travel way or that could reduce the effectiveness of stormwater control and treatment facilities. Section 12. Failure to Comply—Nuisance. The following is declared to be unlawful and a public nuisance: (a) the placement, construction, installation of any structure or the connection to a public Stormwater Facility without written permission of the Director; (b) the discharge of stormwater to a public Stormwater Facility without permission of the Director;or (c) the failure to construct or maintain the Stormwater Facility as required in the permit or site drainage plan. The City may abate the nuisance through the abatement procedures set forth in City Ordinance No. 03-083 including utilizing the investigation procedure, seeking a voluntary compliance agreement, issuing a notice of violation and an order to comply or such other relief as may be set forth in City Stormwater Ordinance 04-007 Page 6 of 7 DRAFT CD Ordinance No. 03-083. For purposes of the nuisance procedure the "Director" shall be the Director of Public Works. In addition to the nuisance procedure described above, the City through the Director may issue a "Stop Work Order". The Order shall be posted on the site of the construction activity. The Stop Work Order may be issued when the Director has reason to believe that this Ordinance is being violated. The effect of the stop work order shall be to require the immediate cessation of work or activity until further authorization from the Director. Following the stop work order, the Director shall seek and receive assurances from the property owner that the violation will he corrected in a reasonable time or a performance surety shall be posted for the purpose of ensuring compliance with the site Drainage Plan. Section 13. Limitations. This Ordinance is not intended to create a special relationship with an individual or individuals, nor to identify or protect any particular class of persons. It is not the intent of this Ordinance to impose liability upon the City for failure to perform any discretionary act or failure to enforce the provisions of this Ordinance. It is the intent and purpose of this Ordinance to place the obligation of complying with stonnwater design, construction, operation and maintenance upon the owner of the subject property. The City expressly relies upon the representations of the owner and its agents and does not assume any liability or responsibility for such reliance. Section 14. Severability. If any section, sentence, clause or phrase of this ordinance shall be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this Ordinance. Section 15. Effective Date. This Ordinance shall be in full force and effect five (5) days after date of publication of this Ordinance or a summary thereof in the official newspaper of the City. PASSED by the City Council this day of 2004. Michael DeVleming, Mayor ATTEST: Christine Bainbridge, City Clerk APPROVED AS TO FORM: Stanley M. Schwartz, City Attorney Date of Publication: Effective Date: • Stormwater Ordinance 04-007 Page 7 of 7 CITY OF SPOKANE VALLEY Request for Planning Commission Action Meeting Date: February 24, 2004 Item: Check all that apply: ❑consent © old business ❑ new business LI public hearing LI information ❑ admin. report ® pending legislation AGENDA ITEM TITLE: Proposed Amendment to Chapter 14.804 — Signage Standards — Interim Spokane Valley Zoning Code. GOVERNING LEGISLATION: Spokane Valley Interim Zoning Code APPLICANT: Doug Heyamoto, AIA, Northwest Architectural Co., P.S., representing Valley Hospital and Medical Center. PREVIOUS COUNCIL ACTION TAKEN: The City Council was briefed on February 17, 2004. BACKGROUND: The Applicant requests an amendment to allow greater flexibility in size and O location of signage for hospitals located in the Urban Residential-22 (UR-22) Zone. Public uses (including hospitals) and schools located in UR-22 zones are allowed one wall sign at a maximum 32 square feet. One freestanding sign is allowed and can be 15 feet tall and 32 square feet in size. Signs measure 4 square feet or less are considered incidental and do not require a sign permit. Monument signs under 7 feet in height can be 60 square feet. The Applicant's original proposal (Attachment 1) separated hospitals from other public uses and schools. The proposal would allow hospitals in UR-22 zones to follow sign standards as allowed in commercial and industrial zones. The Planning Commission considered the proposed amendment at a public hearing on January 22, 2004. At the hearing, Planning Staff presented an alternative amendment, allowing larger wall signage but no change to freestanding signage. Staff also recommended not separating hospitals from other public uses and schools. During public testimony, the Applicant supported Staff's recommendation. After hearing public testimony, the Commission voted unanimously to recommend that the City Council adopt the amendment as proposed by Planning Staff. PLANNING COMMISISON RECOMMENDATION: The Planning Commission's recommendation (Attachment 2) allows greater wall signage for all public uses and schools located in the UR-22 zone. STAFF ANALYSIS: Planning Staff agrees that wall sign regulations for hospitals in the UR-22 Zones are too restrictive. Schools, police stations and fire stations are all public uses that arguably should be treated similarly to hospitals. The Planning Commissions recommendation allows wall signs regulations for public uses and schools located in the UR-22 zone as permitted in all commercial and industrial zones. Proposed regulations would allow schools and other public uses (including hospitals) wall signs not exceeding 25% of the total wall area, or a maximum of 250 square feet (whichever is smaller) on every wall. .J Zoning Code Criteria —Text Amendments The Planning Commission must find the requested text amendment consistent with at least one . of the following criteria, as set forth in Section 14.402.020 of the interim Zoning Code: 1. Such amendment is consistent with the Comprehensive Plan and is not detrimental to the public welfare; 2. Change in economic, technological, or land use conditions has occurred to warrant modification to this Code; 3. It is found that an amendment is necessary to correct an error in this Code; 4. It is found that an amendment is necessary to clarify the meaning or intent of this Code; 5. It is found that an amendment is necessary to provide for a use(s) that was not previously addressed by the Code; or 6. Those amendments as deemed necessary by the Commission and/or Board as being in the public interest. The interim Comprehensive Plan states that "an attractive urban landscape is an asset to the community". Goal UL.5 encourages "an esthetically pleasing urban environment". Policy UL.5.5 specifically calls for sign standards that "protect views and minimize signage clutter while still allowing adequate business signage". The requested text amendment, as recommended by the Planning Commission, is consistent with the interim Comprehensive Plan regarding urban aesthetics and signage. Further, it is in the public's interest to allow for more flexible wall sign standards for public uses in the UR-22 • zone. RECOMMENDED ACTION: Move Sign Code Amendment to Second Reading. Schedule after March 12, 2004. BUDGET/FINANCIAL IMPACTS: N/A. STAFF CONTACT: Scott Kuhta ATTACHMENTS: 1. Ordinance adopting sign code amendment. J Proposed administrative draft amendment to Ord. 03-053 Scott Kuhta CITY OF SPOKANE VALLEY SPOKANE COUNTY,WASHINGTON • ORDINANCE NO.04-008 AN ORDINANCE OF THE CITY OF SPOKANE VALLEY,WASHINGTON, AMENDING ORDINANCE 03-053 OF THE CITY OF SPOKANE VALLEY RELATING TO SIGNAGE STANDARDS IN THE INTERIM ZONING CODE. WHEREAS, on March 25, 2003; the City of Spokane Valley adopted Ordinance No. 03-053, an interim Zoning Code to regulate the orderly development of the city; and WHEREAS, the interim Zoning Code contains provisions in Section 14.804 relating to signage standards;and WHEREAS, Valley Hospital and Medical Center has requested that the City amend the text of interim Zoning Code Section 14.804 to alter the signage standards for schools, hospitals and other public uses; and WHEREAS, the Spokane Valley Planning Commission conducted a public hearing on January 22, 2004, after which the Planning Commission recommended to the City Council that interim Zoning Code Section 14.804 be amended as specified in Attachment A to this Ordinance; and WHEREAS, in order to amend the existing text of the interim Zoning Code, Section 14.402.020 requires that the proposed amendment meet certain criteria;and WHEREAS, the finds the proposed amendments to the signage standards contained in Attachment A relating to public uses are in the public interest, satisfying the requirements of interim Zoning Code Section 14.402.020; and WHEREAS, amending the City of Spokane Valley interim Zoning Code is within the police powers of the City of Spokane Valley, Washington. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SPOKANE VALLEY, WASHINGTON ORDAINS AS FOLLOWS: Section 1. Amendments to interim Zoning Code Section 14.804. Ordinance No. 03-053 adopting the interim Zoning Code Section, relating to signage standards, is amended as set forth in Attachment"A"to this Ordinance. Section 2. Severability. If any section, sentence, clause or phrase of this ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this ordinance Section 3. Effective Date. This Ordinance shall be in full force and effect five days after publication of this Ordinance or a summary thereof occurs in the official newspaper of the City as provided by law. 'LEI Ordinance 04-008 Draft Page I of 2 Proposed administrative draft amendment to Ord.03-053 Scott Kuhta Passed on this day of March, 2004. � J Michael DeVleming, Mayor ATTEST: Christine Bainbridge, City Clerk Approved As To Form: Cary P. Driskcll,Deputy City Attorney Date of Publication: Effective Date: Ordinance 04-008 Draft Page 2 of 2 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: February 24, 2004 City Manager Sign-off: Item: Check all that apply: ❑ consent old business X new business ❑ public hearing information ❑ admin. report ❑ pending legislation AGENDA ITEM TITLE : Proposed Amendment to Junk Vehicle Ordinance, No. 03-067. GOVERNING LEGISLATION: RCW 46.12.101, Ordinance No. 03-067. PREVIOUS COUNCIL ACTION TAKEN: The Council adopted the Junk Vehicle Ordinance on September 23, 2003. BACKGROUND: Following adoption of 03-067, City staff has processed various violations of the Ordinance. In doing so, it became apparent that we should look to clarifying certain language in the Ordinance relating to hearings considered by the Hearing Examiner, and then procedural appeal rights to Court if that is desired. 0 The second general classification of proposed change is to add a provision for a voluntary compliance agreement. The general nuisance and zoning code compliance provisions have this tool, and Code Enforcement Officer Chris Berg requested that it be included to be able to better resolve complaint properties. OPTIONS: RECOMMENDED ACTION OR MOTION: Move to adopt the proposed amendments to the junk vehicle ordinance. BUDGET/FINANCIAL IMPACTS: None anticipated. STAFF CONTACT: Cary P. Driskell, Deputy City Attorney ATTACHMENTS: Proposed amended junk vehicle ordinance. rTh DRAFT CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON ORDINANCE NO. 04-009 AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY WASHINGTON,AMENDING ORDINANCE 03-067 REGULATING THE STORAGE OF JUNK VEHICLES ON PRIVATE PROPERTY. • WHEREAS, there currently exists within the City a large number of private properties where junk vehicles are being permanently stored in violation of existing Zoning Code provisions; WHEREAS,the storage of unlicensed and inoperable motor vehicles on private property creates a public nuisance and interferes with the reasonable use and enjoyment of property; WHEREAS, the storage of junk vehicles on private property poses a threat to the health, welfare and safety of the citizens of the City, and the City desires to address this problem; WHEREAS, enforcement of public nuisances is within the police powers of the City of Spokane Valley, Washington; and WHEREAS, the City finds and declares that it is in the best interest of the residents and inhabitants of the City to remove junk vehicles as public nuisances, and provide for their abatement through due process. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SPOKANE VALLEY, WASHINGTON DO ORDAIN AS FOLLOWS: SECTION 1 —Purpose and intent. The City recognizes the benefit and enjoyment individuals receive from the repair and rehabilitation of old or inoperable vehicles. It is, however, the purpose and intent of' this ordinance to provide for the removal of junk vehicles from private property that create an attractive nuisance and negative aesthetic impact upon property and the community. SECTION 2—Definitions. A. `City"means the City of Spokane Valley, Washington. 13. "Code Enforcement Officer" means a regular or specially commissioned officer so designated by the Director of Community Development for the City. C. "Director" means the City Manager or designee, who is anticipated to be Director of Community Development for the City. D. "Hearing Examiner" means the hearing examiner for the City. E. "Impound" for the purposes of this ordinance means to take and hold a vehicle in legal custody. F. "inoperable" means incapable of being operated legally on a public highway, including but not limited to, not having a valid, current registration plate or current certificate of registration. Ordinance 04-009 Amending Junk Vehicle Ordinance 03-067 Page I of 8 DRAFT G. "Junk vehicle" means a vehicle substantially meeting at least three of the following criteria: 1. Is three years old or older; Is extensively damaged, such damage including but not limited to any of the following: a broken window or windshield, missing wheels; tires, motor, or transmission; 3. Is apparently inoperable; 4. Has an approximate fair market value equal only to the approximate value of the scrap in it. H. `Person(s) responsible for a violation" means: 1. The land owner where the junk vehicle is located as shown on the last equalized assessment roll; and The last registered owner of the vehicle, unless the owner in the transfer of ownership of the vehicle has complied with RCM 46.12.101; and 3. The legal owner of the vehicle_ I, "Veh icic" for the purposes of this ordinance includes every device capable of being moved upon a public highway and in, upon, or by which any persons or property is or may be transported or drawn upon a public highway, including bicycles_ The term does not include devices other than bicycles moved by human or animal power or used exclusively upon stationary rails or tracks, as set forth in RCW 46.04.570. SECTION 3 — Abatement and removal of junk vehicles from private property. Except as provided in Section 4, all junk vehicles placed, stored or permitted to be located on private property within the City limits are public nuisances to be abated as provided in this ordinance. SECTION 4—Exceptions. This ordinance does not apply to:. A. A vehicle or part thereof that is completely enclosed within a building in a lawful manner where it is not visible from the street or other public or private property; • 13. A vehicle or part thereof that is stored or parked in a lawful manner on private property in connection with the business of a licensed dismantler or licensed vehicle dealer, and is fenced according to the provisions of RCW 46.80.130; • A junk vehicle does not include a vehicle which is in the process of being repaired, as evidenced by the good faith efforts of the vehicle owner. This exception shall include having up to one "parts" • vehicle, from which parts are being salvaged concurrent with the repair process for the vehicle being excepted from compliance in this subsection. Good faith efforts of repair can include producing invoices showing work or parts purchased for repair or renovation within thirty days prior to issuance of the notice of violation, or a declaration under penalty of perjury that the vehicle is in the process of being repaired and has been worked on within thirty days prior to issuance of the notice of violation. This exception allows up to sixty (60) days for good faith repair. Upon good cause shown, the Director shall have the discretion to grant one additional sixty (60) day exception period to this ordinance. Under no circumstance shall any good faith efforts of repair extend for more than 120 days, after which time this • Ordinance 04-009 A Inc odirig Junk Vchido Ordinance 03-067 Page 2 of 8 DRAFT O exception shall no longer apply. This exception shall apply to one vehicle and one parts vehicle per parcel of land per calendar year. D. There shall be allowed as exceptions to this ordinance up to two (2)junk vehicles in UR 3.5 and UR 7 zones, so long as they are completely sight-screened by maintained Type I or U landscaping, a maintained landscaped berm, or fencing. Types I and II landscaping are described in Spokane Valley Zoning Code Section 14.806.060. Junk vehicles allowed by this exception are restricted to only the UR 3.5 and UR 7 zones. Concurrent with the adoption of this Ordinance, Spokane Valley Zoning Code provisions 14.616.355 (UR-3.5) 14.618.355 (UR-7), 14.620.355 (UR-12) and 14.622.355 (UR-22) shall be amended as set forth in Attachments A to this Ordinance. SECTION 5—Violation notice. A. A Code Enforcement Officer is authorized to issue and serve a notice of violation upon reasonable belief that a violation of one or more provisions of this ordinance has occurred. 13. The notice of violation shall be issued to the person(s) responsible for a violation of this ordinance. The last legal and registered owner need not be notified if the vehicle is in such condition that identification numbers are not available to determine ownership. C. The notice of violation may be served by means of personal service, or by mailing a copy of the notice of violation to the person(s) responsible for a code violation to his or her last known mailing address as determined by the Code Enforcement Officer by certified mail, with a five-day return receipt requested. Proof of service shall be made by a written declaration under penalty of perjury by the person affecting the service, declaring the time, date, place of service, and the manner by which service was made. D. The notice of violation shall contain substantially the following information: 1. The name and address of the person to whom the notice of violation is issued; 2. The location of the subject property by address or other description sufficient to identify the subject property; 3. A description of the vehicle and its location, and the reasons the City deems it to be a public nuisance in violation of this ordinance; 4. A description of the corrective action necessary to eliminate the violation; 5. That the corrective action must he performed within fifteen (15) days from the date of service of the notice of violation; 6. That a hearing will be held by the Hearing Examiner, including the date and time of the hearing, pursuant to Section 6 of this Ordinance; 7. A statement that if the person(s) responsible for a violation fails to complete the corrective action, the City or its designee shall initiate judicial abatement proceedings to remove, impound and dispose of the vehicle, and will assess all costs of administration, court-related costs and removal against the person(s) responsible for a violation after a hearing by the Hearing Examiner in which the Hearing Examiner determines that there has been a violation of this Ordinance; Ordinance 04-009 Amending Junk Vehicle Ordinance 03-067 Page 3 of 8 DRAFT 8. A statement that the land owner upon which the vehicle is located may appear in person at the hearing, or provide a written statement to the Hearing Examiner, denying responsibility for the presence of the vehicle on the land, with his or her reasons for the denial; • 9. A statement that a person responsible for a violation who voluntarily complies with or allows abatement within fifteen days of receiving a notice of violation shall not be assessed a civil monetary penalty; and 10. If the Hearing Examiner determines the appellant is a person responsible for a violation, a $250 civil monetary penalty will be assessed. SECTION 6—Hearing on notice of violation. A. A person receiving a notice of violation shall have fifteen (15) days from the date of service of the notice of violation to voluntarily abate the junk vehicle(s) to avoid imposition of a civil monetary penalty pursuant to Section 9 of this Ordinance. A hearing shall be automatically scheduled, to be held after expiration of fifteen (15) days service of the notice of violation. The notice of violation shall state the time, location and date of the hearing on the issue of imposition of a civil monetary penalty. B. The person(s) responsible for a violation may appear in person at a hearing or by submitting a written statement for consideration. Lf the land owner denies responsibility for the vehicle being on his or her land, and has provided sufficient written evidence in support of the denial, the Hearing Examiner is authorized to determine, based upon available evidence, whether the land owner is responsible for, or acquiesced to,the presence of the vehicle. If the land owner has not acquiesced in the vehicle's presence, • the Hearing Examiner's order shall state such. In that instance, the land owner shall sign a written permission form at the time of hearing allowing the City to immediately remove the junk vehicle from his or her real property. If the land owner fails to sign the permission form, he or she will be determined to be acquiescing in the vehicle's presence on the real property. C. If the Hearing Examiner determines that a land owner is not responsible for a vehicle being on his or her property, the City shall not assess costs of administration (including civil monetary penalties) or nuisance abatement against the real property where the vehicle is located. D. Any hearing on notice of violation under this Ordinance will be determined by the Hearing Examiner pursuant to Spokane Valley Ordinance 57 as adopted or hereafter amended, unless in conflict with specific provisions of this Ordinance, in which case the specific provisions of this Ordinance shall control. E. The Hearing Examiner may uphold, modify or revoke the notice of violation as appropriate. The Hearing Examiner shall provide written findings of fact and order within ten business days of the conclusion of the hearing. The Hearing Examiner's order shall constitute a final action. F. If the Hearing Examiner upholds the notice of violation, the Hearing Examiner shall impose a civil monetary penalty of$250, pursuant to Section 9 of this Ordinance. C. A copy of the Hearing Examiner's order shall be served upon the person(s)to whom it is directed, either personally or by mailing a copy of the order by certified mail, with a five-day return receipt requested, to such person at his or her last known address as determined by the code compliance officer. �- .„■ Proof of service shall be made by a written declaration under penalty of perjury by the person effecting- service,stating the time, date, location and manner by which service was made. Ordinance 04-009 Amending Junk Vehicle.Ordinance 03-067 Page 4 of 8 DRAFT H. The Hearing Examiner shall have the authority in the order to suspend the $250 monetary penalty, if a request for such suspension is made by the City at the public hearing and a voluntary compliance agreement is entered into between the alleged violator and the City within five days of the public hearing. The failure to fully complete the terms of the compliance agreement shall result in imposition of the monetary penalty, as well as any other condition set forth in the voluntary compliance agreement. This provision is not intended to extend the time period in which an appeal can be filed under Section 61. 1. The Hearing Examiner's final order shall be final and conclusive unless within 21 days from the issuance of the order a party with standing files a land use petition in Spokane County Superior Court pursuant to RCW 36.70C. SECTION 7- Voluntary compliance agreement. A. Whenever the Director determines that a violation of this Ordinance has occurred or is occurring, the Director shall make reasonable efforts to secure voluntary compliance from the person responsible for the violation. Upon contacting the person responsible for the violation, the Director may enter into a voluntary compliance agreement as provided for in this Ordinance. B. A voluntary compliance agreement may be entered into at any time after issuance of a verbal or written warning, a notice of violation, or before the conclusion of the hearing on notice of violation before the Hearing Examiner, except as otherwise provided in 6H. C. Upon entering into a voluntary compliance agreement, a person responsible for a 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 of this Ordinance. D. The voluntary compliance agreement shall incorporate the shortest reasonable time period for compliance, as determined by the Director. An extension of the time limit for compliance, or a modification of the required corrective action may be granted by the Director if the person responsible for the 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 Director and person(s) who signed the original voluntary compliance agreement. E. The voluntary compliance agreement is not a settlement agreement. F. The voluntary compliance agreement is a written, signed commitment by the person(s) responsible for a violation in which such person(s) agrees to abate the violation. The voluntary compliance agreement shall include the following: 1. The name and address of the person responsible for the 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; Ordinance 04-009 Amending Junk Vehicle Ordinance 03-067 Page 5 of 8 DRAFT • 5. The amount of the civil penalty that will be imposed ($250.00)pursuant to this Ordinance if the voluntary compliance agreement is not satisfied; 6. An acknowledgement that if the Director determines that the terms of the voluntary compliance agreement are not met, the City may, without issuing a notice of violation or obtaining a judicial abatement order, enter the real property and perform abatement of the violation by the City, assess the costs incurred by the City to pursue compliance and to abate the violation, including reasonable legal fees and costs; 7. An acknowledgement that if a penalty is assessed, and if any assessed penalty, fee or cost is not paid, the Director may charge the unpaid amount as a lien against the property where the violation occurred if owned by the person responsible for the 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 violation thereby admits that the conditions described in the voluntary compliance agreement existed and constituted a violation of Ordinance 67; and 9. An acknowledgement that the person responsible for the violation understands that he or she has the right to be served with a notice of violation for any violation identified in the voluntary compliance agreement, has the right to a hearing on such notice of violation, and that he or she is knowingly,voluntarily and intelligently waiving those rights. G. If the terms of the voluntary compliance agreement are not completely met, and an extension of time has not been granted, the Director may enter the real property and abate the violation without seeking a judicial abatement order. The person responsible for compliance may, without being issued a notice of violation, be assessed a civil penalty in the amount of $250.00, plus all costs incurred by the City to pursue compliance and to abate the violation, and may be subject to other remedies authorized by this Ordinance. Penalties imposed when a voluntary compliance agreement is not met accrue from the date of service of any preceding notice of violation if a voluntary compliance agreement was entered into before a hearing could be held on the violation, or from the date the voluntary compliance agreement was entered into if there was no preceding notice of violation. H. The Director may issue a notice of violation for failure to meet the terms of a voluntary compliance agreement. I. The Director shall be solely responsible for determining whether all of the conditions of any voluntary compliance agreement have been met SECTION 8—Abatement—costs—liens. A. Emergency Abatement: Whenever a condition, the continued existence of which constitutes an immediate threat to the public health,safety or welfare or to the environment, is found to exist, the City may summarily and without prior notice abate the condition. Notice of such abatement, including the reason for it, shall be given to the person responsible for the violation as soon as reasonably possible after the abatement. B. Judicial Abatement: The City may seek a judicial abatement order from Spokane County Superior - Court, as deemed necessary, to abate a condition which continues to be a violation of this Ordinance where • other methods of remedial action have failed to produce compliance. Ordinance 04-009 Amending Junk Vehicle Ordinance 03-067 Page 6 of 8 DRAFT C. The costs, including incidental expenses, of abating the violation shall be billed to the person responsible for the violation and shall become due and payable to the City within ten (l0) calendar clays after completion of abatement. The term incidental expenses includes but is not limited to personnel costs, both direct and indirect and including attorneys fees; costs incurred in documenting the violation; hauling, storage and disposal expenses; and actual expenses and costs of the City in preparing notices, specifications and contracts, and in accomplishing and/or contracting and inspecting the work; and the costs of any required printing and mailing. All such costs shall constitute a lien against the affected property and may be subject to collection following a court judgment, Such a lien shall be substantially in accordance with the provision regarding mechanic's liens in RCW 60.04, and said lien shall be foreclosed in the same manner as such liens. D. The lien shall be subordinate to all previously existing special assessment liens imposed on the same property and shall be superior to all other liens, except for state and county taxes, with which it shall share priority. The City of Spokane Valley may cause a claim for lien to be filed for record within ninety(90)days from the later of the date that the monetary penalty is due or the date the work is completed or the nuisance abated. The claim of lien shall contain sufficient information regarding the notice of violation, 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. E. The vehicle shall be disposed of to a licensed motor vehicle wrecker or hulk hauler with notice to the Washington State Patrol and the State Department of Licensing that the vehicle has been wrecked. Any vehicle or part thereof impounded pursuant to this ordinance shall be processed in accordance with the laws of the State of Washington. F. Any registered disposer under contract with the City for the impounding of vehicles shall comply with any administrative regulations relative to the handling and disposing of vehicles as may be promulgated by local authority or the Director. G. Costs of removal will not be assessed against the legal owner of the vehicle if the owner in the transfer of ownership of the vehicle has complied with RCW 46.12.101. SECTION 9 — Civil Monetary Penalties — Voluntary Compliance. If the Hearing Examiner determines that the person receiving the notice of violation is a person responsible for a violation, that person shall be assessed a civil monetary penalty in the amount of$250.00. SECTION 10—Junk vehicle abatement program—authorized. The Director is authorized to develop a comprehensive junk vehicle abatement program. it is intended that this program will developed through community involvement. The purpose of the Junk Vehicle Abatement Program is to develop a program that is cost effective for the City, encourages voluntary compliance, and implements the goals of this Ordinance. SECTION 11 —Junk vehicle 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 for such abatement costs, or other appropriate accounting mechanism. Any monies collected under this ordinance that exceed an amount projected to cover anticipated abatement requirements within a six month time period shall be placed in the general fund. SECTION 12 — Severability. If any section, sentence, clause or phrase of this ordinance, or any regulation, rule or order adopted pursuant to the authority thereof be determined invalid or Ordinance 04-009 Amending Junk Vehicle Ordinance 03-067 Page 7 of 8 DRAFT unconstitutional, it shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this ordinance. SECTION 13 — Effective date. This ordinance shall be in full force and effect five (5) days after publication of this ordinance or a summary thereof in the official newspaper of the City as provided by law. PASSED by the City Council this day of February, 2004. Michael DcVlcming, Mayor ATTEST: Christine Bainbridge, City Clerk Approved as to form: Cary P.Driskcll,Deputy City Attorney Date of publication:_ Effective date: Ordinance 04-009 Amending Junk Vehicle Ordinance 03-067 Page 8 of 8 CITY OF SPOKANE VALLEY, WASHINGTON ORDINANCE NO. 04-00 AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, WASHINGTON, AMENDING ORDINANCE 03-067 REGULATING THE STORAGE OF JUNK VEHICLES ON PRIVATE PROPERTY. WHEREAS, there currently exists within the City a large number of private properties where junk vehicles are being permanently stored in violation of existing Zoning Code provisions; WHEREAS, the storage of unlicensed and inoperable motor vehicles on private property creates a public nuisance and interferes with the reasonable use and enjoyment of property; WHEREAS, the storage of.junk vehicles on private property poses a threat to the health, welfare and safety of the citizens of the City, and the City desires to address this problem; WHEREAS, enforcement of public nuisances is within the police powers of the City of Spokane Valley, Washington; and WHEREAS, the City finds and declares that it is in the best interest of the residents and inhabitants of the City to remove junk vehicles as public nuisances, and provide for their abatement through due process. NOW, THEREFORE, THE CITY COUNCIL OF TILE CITY OF SPOKANE VALLEY, WASHINGTON DO ORDAIN AS FOLLOWS: SECTION 1 — Purpose and intent. The City recognizes the benefit and enjoyment individuals receive from the repair and rehabilitation of old or inoperable vehicles. It is, however, the purpose and intent of this ordinance to provide for the removal of junk vehicles from private property that create an attractive nuisance and negative aesthetic impact upon property and the community. • SECTION 2—Definitions. A. "City" means the City of Spokane Valley, Washington. 0 - l - 13. "Code Enforcement Officer" means a regular or specially commissioned officer • so designated by the Director of Community Development for the City. , C. "Director" means the City Manager or designee, who is anticipated to be Director of Community Development for the City. D. "Hearing Examiner"means the hearing examiner for the City. E. "Impound" for the purposes of this ordinance means to take and hold a vehicle in legal custody. h. "Inoperable" means incapable of being operated legally on a public highway, including but not limited to, not having a valid, current registration plate or current certificate of registration. G. "Junk vehicle" means a vehicle substantially meeting at least three of the following criteria: 1. Is three years old or older; • 2. Is extensively damaged, such damage including but not limited to any of the following: a broken window or windshield, missing wheels, tires, motor, or transmission; - • 3. Is apparently inoperable; 4. Has an approximate fair market value equal only to the approximate value of the scrap in it. H. "Person(s)responsible for a violation" means: 1. The land owner where the junk vehicle is located as shown on the last equalized assessment roll; and 2. The last registered owner of the vehicle, unless the owner in the transfer of ownership of the vehicle has complied with RCW 46.12.101; and 3. The legal owner of the vehicle. I. "Vehicle" for the purposes of this ordinance includes every device capable of being moved upon a public highway and in, upon, or by which any persons or property is or may be transported or drawn upon a public highway, including bicycles. The term does not include devices other than bicycles moved by human or animal power or used exclusively upon stationary rails or tracks, as set forth in RCW 46.04.670. - 2 - SECTION 3 — Abatement and removal of junk vehicles from private property. Except as provided in Section 4, all junk vehicles placed, stored or permitted to be located on private property within the City limits are public nuisances to be abated as provided in this ordinance. SECTION 4—Exceptions. This ordinance does not apply to: A. A vehicle or part thereof that is completely enclosed within a building in a lawful manner where it is not visible from the street or other public or private property; 13. A vehicle or part thereof that is stored or parked in a lawful manner on private property in connection with the business of a licensed dismantler or licensed vehicle dealer, and is fenced according to the provisions of RCW 46.80.130; C. A junk vehicle does not include a vehicle which is in the process of being repaired, as evidenced by the good faith efforts of the vehicle owner. This exception shall include having up to one "parts" vehicle, from which parts are being salvaged concurrent with the repair process for the vehicle being excepted from compliance in this subsection. Good faith efforts of repair can include producing invoices showing work or parts purchased for repair or renovation within thirty days prior to issuance of the notice of violation, or a declaration under penalty of perjury that the vehicle is in the process of being repaired and has been worked on within thirty days prior to issuance of the notice of violation. This exception allows up to sixty (60) days for good faith repair. Upon good cause shown,the Director shall have the discretion to grant one additional sixty (60) day exception period to this ordinance. Under no circumstance shall any good faith efforts of repair extend for more than 120 days, after which time this exception shall no longer apply. This exception shall apply to one vehicle and one parts vehicle per parcel of land per calendar year. D. There shall be allowed as exceptions to this ordinance up to two (2)junk vehicles in UR 3.5 and UR 7 zones, so long as they are completely sight-screened by maintained Type I or i1 landscaping, a maintained landscaped berm, or fencing. Types I and II landscaping are described in Spokane Valley Zoning Code Section 14.806.060. Junk vehicles allowed by this exception are restricted to only the UR 3.5 and UR 7 zones. Concurrent with the adoption of this Ordinance, Spokane Valley Zoning Code provisions 14.616.355 (UR-3.5) 14.618.355 (UR-7), 14.620.355 (UR-12) and 14.622.355 (UR-22) shall be amended as set forth in Attachments A to this Ordinance. SECTION 5—Violation notice. A. A Code Enforcement Officer is authorized to issue and serve a notice of violation upon reasonable belief that a violation of one or more provisions of this ordinance has occurred. • - 3 - B. The notice of violation shall be issued to the person(s) responsible for a violation of this ordinance. The last legal and registered owner need not be notified if the vehicle is in such condition that identification numbers are not available to determine ownership. C. The notice of violation may be served by means of personal service, or by mailing a copy of the notice of violation to the person(s) responsible for a code violation to his or her last known mailing address as determined by the Code Enforcement Officer by certified mail, with a five-day return receipt requested. Proof of service shall be made by a written declaration under penalty of perjury by the person affecting the service., declaring the time, date, place of service, and the manner by which service was made. D. The notice of violation shall contain substantially the following information: 1. The name and address of the person to whom the notice of violation is issued; 2. The location of the subject property by address or other description sufficient to identify the subject property; 3. A description of the vehicle and its location, and the reasons the City deems it to be a public nuisance in violation of this ordinance; 4. A description of the corrective action necessary to eliminate the violation; 5. That the corrective action must be performed within fifteen (15) days from the date of service of the notice of violation; 6. That a hearing will be held by the Hearing Examiner, including the date and time of the hearing, pursuant to Section 6 of this Ordinance; 7. A statement that if the person(s) responsible for a violation fails to complete the corrective action, the City or its designee shall initiate judicial abatement proceedings to remove, impound and dispose of the vehicle, and will assess all costs of administration, court-related costs and removal against the person(s) responsible for a violation after a hearing by the Hearing Examiner in which the Hearing Examiner determines that there has been a violation of this Ordinance; 8. A statement that the land owner upon which the vehicle is located may appear in person at the hearing, or provide a written statement to the Hearing Examiner, denying responsibility for the presence of the vehicle on the land, with his or her reasons for the denial; 9. A statement that a person responsible for a violation who voluntarily complies with or allows abatement within fifteen days of receiving a notice of violation shall not be assessed a civil monetary penalty; and -4 - • 10. If the Hearing Examiner determines the appellant is a person responsible for a violation, a $250 civil monetary penalty will be assessed. SECTION 6—Hearing on notice of violation. A. A person receiving a notice of violation shall have fifteen (15) days from the date of service of the notice of violation to voluntarily abate the junk vehicle(s) to avoid I imposition of a civil monetary penalty pursuant to Section 89 of this Ordinance. A hearing shall be automatically scheduled, to be held after expiration of fifteen (15) days service of the notice of violation. The notice of violation shall state the time, location and date of the hearing on the issue of imposition of a civil monetary penalty. B. The person(s) responsible for a violation may appear in person at a hearing or by submitting a written statement for consideration. If the land owner denies responsibility for the vehicle being on his or her land, and has provided sufficient written evidence in support of the denial, the Hearing Examiner is authorized to determine, based upon available evidence, whether the land owner is responsible for, or acquiesced to, the presence of the vehicle. If the land owner has not acquiesced in the vehicle's presence, the Hearing Examiner's order shall state such. In that instance, the land owner shall sign a written permission form at the time of hearing allowing the City to immediately remove the junk vehicle from his or her real property. If the land owner fails to sign the permission form, he or she will be determined to be acquiescing in the vehicle's presence on the real property. C. If the Hearing Examiner determines that a land owner is not responsible for a vehicle being on his or her property, the City shall not assess costs of administration (including civil monetary penalties) or nuisance abatement against the real property where the vehicle is located. D. Any hearing on notice of violation under this Ordinance will be determined by the Hearing Examiner pursuant to Spokane Valley Ordinance 57 as adopted or hereafter amended. unless in conflict with specific provisions of this Ordinance, in which case the specific provisions of this Ordinance shall control. DE. The Hearing Examiner may uphold, modify or revoke the notice of violation as appropriate. The Hearing Examiner shall provide written findings of fact and order within frveten business days of the conclusion of the hearing. The Hearing Examiner's order shall constitute a final action. FE. If the Hearing Examiner upholds the notice of violation, the Hearing Examiner shall impose a civil monetary penalty of$250,pursuant to Section 9 of this Ordinance.- GF-. A copy of the Hearing Examiner's order shall be served upon the person(s) to ' whom it is directed, either personally or by mailing a copy of the order by certified mail, - 5 - with a five-day return receipt requested, to such person at his or her last known address as determined by the code compliance officer. Proof of service shall be made by a written declaration under penalty of perjury by the person effecting service, stating the time, date, location and manner by which service was made. H. The Hearing Examiner shall have the authority in the order to suspend the S250 monetary penalty. i a request for such suspension is made by the City at the public hearing and a voluntary compliance agreement is entered into between the alleged violator and the City within five days of the public hearing. The failure to {illy complete the terms of the compliance agreement shall result in imposition of the monetary penalty, as well as any other condition set forth in the voluntary compliance a_reement. This provision is not intended to extend the time period in which an appeal can be filed under Section 61. I. The Hearing Examiner's final order shall be final and conclusive unless within 21 days from the issuance of the order a party with standing files a land use petition in Spokane County Superior Court pursuant to RCW 36.70C. SECTION 7 - Voluntary compliance agreement. A. Whenever the Director determines that a violation of this Ordinance has occurred or is occurring, the Director shall make reasonable efforts to secure voluntary compliance _ from the person responsible for the violation. Upon contacting the person responsible for the violation, the Director may enter into a voluntary compliance agreement as provided for in this Ordinance. B. A voluntary compliance agreement may be entered into at any time after issuance of a verbal or written warning, a notice of violation, or before the conclusion of the hearing on notice of violation before the Hearing_Examiner. except as otherwise provided in 61-I. C. Upon entering into a voluntary compliance agreement, a person responsible for a 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 of this Ordinance. D. The voluntary compliance agreement shall incorporate the shortest reasonable time period for compliance, as determined by the Director. An extension of the time limit for compliance, or a modification of the required corrective action may be granted by the Director if the person responsible for the 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 he in writing and signed by the Director and person(s) who signed the original voluntary compliance agreement. - 6 - • E. The voluntary compliance agreement is not a settlement agreement. F. The voluntary compliance agreement is a written, siimed commitment by the person(s) responsible for a violation in which such person(s) agrees to abate the violation, The voluntary compliance agreement shall include the following: 1. The name and address of the person res)onsible for the violation; 2. The address or other identification of the location of the violation; 3. A description of the violation and a reference to the provisions) 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 ($250.00) pursuant to this Ordinance if the voluntary compliance agreement is not satisfied; 6. An acknowledgement that if the Director determines that the terms of the voluntary compliance agreement are not met, the City may, without issuing a notice of violation or obtaining a judicial abatement order, enter the real property and perform abatement of the violation by the City. assess the costs incurred by the. City to pursue compliance and to abate the violation. including reasonable legal fees and costs; 7. An acknowledgement that if a enalt ' is assessed, and if any assessed penalty. fee or cost is not paid, the Director may charge the unpaid amount as a lien against the property where the violation occurred if owned by the person responsible for the violation, and that the tin aid amount may he a 'pint and several .ersonal obligation of all persons responsible for the violation; 8. An acknowledgement that by entering into the voluntary compliance agreement, the person responsible for the violation thereby admits that the conditions described in the voluntary compliance a>reement existed and constituted a violation of Ordinance 67: and 9. An acknowledgement that the person responsible for the violation understands that he or she has the right to be served with a notice of violation for any violation identified in the voluntary compliance agreement. has the right to a hearing on such notice of violation, and that he or she is knowingly, voluntarily and intelligently waiving those rights. G. If the terms of the voluntary corn liance agreement are not corn letelv met, and an extension of time has not been granted, the Director may enter the real property and abate the violation without seeking a judicial abatement order. The person responsible - 7 - for compliance may, without being issued a notice of violation, be assessed a civil penalty in the amount of 5250.00, plus all costs incurred by the City to pursue compliance and to abate the violation. and may be sub'ect to other remedies authorized by this Ordinance. Penalties imposed when a voluntary compliance agreement is not met accrue from the date of service of any preceding notice of violation if a voluntary compliance agreement was entered into before a hearing could be held on the violation, or from the date the voluntary compliance agreement was entered into if there was no precedin11 notice oivio1ation. H. The Director may issue a notice of violation for failure to meet the terms of a voluntary compliance agreement. 1. The Director shall be solely responsible for determining whether all of the conditions o air ,voluntary corn Viance a_reement have been met I SECTION 78—Abatement—costs—liens. A. Emergency Abatement: Whenever a condition, the continued existence of which constitutes an immediate threat to the public health, safety or welfare or to the environment, is found to exist, the City may summarily and without prior notice abate the condition. Notice of such abatement, including the reason for it, shall be given to the person responsible for the violation as soon as reasonably possible after the abatement. B. Judicial Abatement: The City.may seek a judicial abatement order from Spokane County Superior Court, as deemed necessary, to abate a condition which continues to be a violation of this Ordinance where other methods of remedial action have failed to produce compliance. C. The costs, including incidental expenses, of abating the violation shall be billed to the person responsible for the violation and shall become due and payable to the City within ten (10) calendar days after completion of abatement. The term incidental expenses includes but is not limited to personnel costs, both direct and indirect and including attorneys fees; costs incurred in documenting the violation; hauling, storage and disposal expenses; and actual expenses and costs of the City i.n preparing notices, specifications and contracts, and in accomplishing and/or contracting and inspecting the work; and the costs of any required printing and mailing. All such costs shall constitute a lien against the affected property and may be subject to collection following a court judgment. Such a lien shall be substantially in accordance with the provision regarding mechanic's liens in RCW 60.04, and said lien shall be foreclosed in the same manner as such liens. D. The lien shall be subordinate to all previously existing special assessment liens imposed on the same property and shall be superior to all other liens, except for state and county taxes, with which it shall share priority. The City of Spokane Valley may cause a claim for lien to be filed for record within ninety(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 j ~, of lien shall contain sufficient information regarding the notice of violation, a description of - 8 - 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. E. The vehicle shall be disposed of to a licensed motor vehicle wrecker or hulk hauler with notice to the Washington State Patrol and the State Department of Licensing that the vehicle has been wrecked. Any vehicle or part thereof impounded pursuant to this ordinance shall be processed in accordance with the laws of the State of Washington. f. Any registered disposer under contract with the City for the impounding of vehicles shall comply with any administrative regulations relative to the handling and disposing of vehicles as may be promulgated by local authority or the Director. G. Costs of removal will not be assessed against the legal owner of the vehicle if the owner in the transfer of ownership of the vehicle has complied with RCW 46.12.101. SECTION 89 — Civil Monetary Penalties — Voluntary Compliance. If the Hearing Examiner determines that the person receiving the notice of violation is a person responsible for a violation, that person shall be assessed a civil monetary penalty in the amount of$250.00. I SECTION 910 — Junk vehicle abatement program — authorized. The Director is authorized to develop a comprehensive junk vehicle abatement program. It is intended that this program will developed through community involvement. The purpose of the Junk Vehicle Abatement Program is to develop a program that is cost effective for the City, encourages voluntary compliance, and implements the goals of this Ordinance. SECTION 101 — Junk vehicle 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 for such abatement costs, or other appropriate accounting mechanism. Any monies collected under this ordinance that exceed an amount projected to cover anticipated abatement requirements within a six month time period shall be placed in the general fund. SECTION 11-2 — Severability. If any section, sentence, clause or phrase of this ordinance, or any regulation, rule or order adopted pursuant to the authority thereof be determined invalid or unconstitutional, it shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this ordinance. SECTION 123 —Effective date. This ordinance shall be in full force and effect five (5) days after publication of this ordinance or a summary thereof in the official newspaper of the City as provided by law. PASSED by the City Council this day of SeptemberFebrua v, 20024. - 9 - Mayor, Michael DeVleming ATTEST: City Clerk, Christine Bainbridge Approved as to form: Deputy City Attorney, Cary P. Driskell Date of publication: Effective date: - 1 0 - • CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: 2112104 City Manager Sign-off: Item: Check all that apply: ❑consent ❑old business [X] new business ❑ public hearing ❑information ❑ admin. report E pending legislation AGENDA ITEM TITLE : First Reading: Article III City of Spokane Valley Uniform Development Code City of Spokane Valley Building Code GOVERNING LEGISLATION: SI-IS 1734 RCW 19.27 State Building Code WAC 51-50-007 Exceptions PREVIOUS COUNCIL ACTION TAKEN: City of Spokane Valley Ordinance#40 City of Spokane Valley Ordinance#41 City of Spokane Valley Ordinance#42 City of Spokane Valley Ordinance#43 BACKGROUND: Washington statute requires all jurisdictions in the state to adopt by reference and enforce the same building code throughout Washington. Although local jurisdictions may amend those referenced codes to address special local conditions, the intent is to have the same rules for construction across the state. Over the last six years building codes have undergone a huge change. Prior to 2000 there were three major building code writing/enforcement organizations — 1C130, SBCCI and BOCA. Although many of the provisions of the individual codes were the same and many of the provisions were similar, many of the provisions of the different codes were at odds with their sister codes across the country. This created very expensive conflicts when a designer or contractor began to become more global in their business. The result was a combination of the three model code groups into one group, the International Code Council, or ICC. The ICC promulgated the International family of codes, and Washington chose those codes as the basis of the new State Building Code in SFIB 1734 and RCW 19.27. The exceptions to the International Codes are the 2003 Uniform Plumbing Code published by the International Association of Plumbing and Mechanical Officials and the National Electrical Code, published by the National Fire Protection Association. In addition to the referenced codes, Washington previously developed an energy conservation code and a code for the elimination of physical barriers to promote accessibility. The Washington State Energy Code is a stand alone code while the accessibility provisions reside as a state amendment to the International Building Code. Although there are substantial changes in the International Codes from the previous Uniform Codes, those changes are no more difficult to understand than changes typically presented every three years as the methods or materials of construction changed and a new code was adopted. One of the more useful codes that evolved from the development of the International Codes is the International Residential Code. This code gives all the rules for building a one or two family dwelling in one book, rather than having all the code books to sort through to determine the rules for construction. It was meant to simplify the process. The Washington Association of Building Officials passed resolution 2003-02 that, in part, promotes the local adoption of the International Codes and Uniform Plumbing Code with as few local amendments as possible. The Building Division has followed that direction and is offering a very simple adoption ordinance for approval. The five pages of the proposed ordinance replace four ordinances. The public hearing was conducted in front of the Planning Commission on 22 January 2004 and continued to 12 February 2004. At that meeting it was forwarded to Council with approval and suggested implementation date of 1 July 2004. OPTIONS: None. The enforcement of a state wide building code is mandated by statute. RECOMMENDED ACTION OR MOTION: Approval of First Reading. Implementation/effective date of July 1, 2004. BUDGET/FINANCIAL IMPACTS: None. STAFF CONTACT: Spokane Valley Building Official Scholtens Attachment: Article III Spokane Valley Uniform Development Code/Spokane Valley Building Code • DRAFT CIT OF SPOKANE VALLEY SPOKANE COUNTY,WASHINGTON ORDINANCE NO. 04-010 AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY WASHINGTON, ESTABLISHING ARTICLE lit OF THE SPOKANE VALLEY UNIFORM DEVELOPMENT CODE RELATING TO BUILDING CODES; REPEALING ORDINANCES IN CONFLICT; ESTABLISHING PENALTIES FOR NON-COMPLIANCE; AND PROVIDING FOR SEVERABILITY AND EFFECTIVE DATE. WHEREAS, Washington statutes require all jurisdictions in the state to adopt by reference and enforce the same building code throughout Washington; and WHEREAS, Washington established the 2003 International Codes, promulgated by the International Code Council (ICC), as the basis of the new State Building Code pursuant to SI-113 1734 and RCW 19.27. The exceptions to the International Codes are the 2003 Uniform Plumbing Code published by the International Association of Plumbing and Mechanical Officials and the National Electrical Code, published by the National Fire Protection Association. WHEREAS, Washington previously developed an energy conservation code and a code for the elimination of physical barriers to promote accessibility; and WHEREAS, the Washington State Energy Code is a stand alone code while the accessibility provisions reside as a state amendment to the International Building Code; and WHEREAS,the Washington Association of Building Officials passed resolution.2003-02 that, in part, promotes the local adoption of the International Codes and Uniform Plumbing Code with as few local amendments as possible; NOW, THEREFORE, the City Council of the City of Spokane Valley, Washington, do ordain as follows: Section 1. Article III of the Spokane Valley Development Code is hereby established to read as follows: ARTICLE HI SPOKANE VALLEY BUILDING CODE Section 3.01. Adoption of Referenced Codes. The City of Spokane Valley hereby adopts the following codes, as amended by the Washington State Building Code Council pursuant to RCW 19.27.074 for the purpose of establishing rules and regulations for the construction, alteration, removal, demolition, equipment, use and occupancy, location and maintenance of buildings and structures, including permits and penalties: 1. a). The 2003 International Building Code published by the International Code Council, Inc.(IBC). The following Appendix is specifically adopted: Draft Ordinance 04-010;Article III Uniform Der Code Page 1 of 7 DRAFT Appendix H, Signs. Appendix I, Patio Covers. b). The 2003 International Residential Code published by the International Code Council, Inc. (IRC)The following Appendices are specifically adopted: Appendix A(IFGC), Sizing and Capacities of Gas Piping. Appendix B(IFGC), Sizing of Venting Systems Serving Appliances Equipped with Draft Hoods, Category I Appliances and Appliances Listed for Use and Type 13 Vents. Appendix C, Exit Terminals of Mechanical Draft and Direct-Vent Venting Systems. Appendix F, Radon Control Methods. Appendix H, Patio Covers. Appendix J,Existing Buildings and Structures. 2. The 2003 international Mechanical Code published by the International Code Council, Inc. (IMC) except that the standards for liquefied petroleum gas installations shall be NFPA 58 (Storage and Handling of Liquefied Petroleum Gases)and ANSI 2223.1/NFPA 54(National Fuel Gas Code). 3. The 2003 International Fire Code, published by the International Code Council, Inc.(IFC), including those standards of the National Fire Protection Association specifically referenced in the International Fire Code: PROVIDED, That, notwithstanding any wording in this code, participants in religious ceremonies shall not be precluded from carrying hand-held candles. The following Appendices are specifically adopted: Appendix B,Fire Flow for Buildings. Appendix C,Fire Hydrant Locations and Distribution. Appendix D. Fire Apparatus Access Roads. Appendix E,Hazard Categories. Appendix F,Hazard Ranking. Appendix G,Cryogenic Fluids-Weight and Volume Equivalents. 4. Except as provided in RCW 19.27.170, the 2003 Uniform Plumbing Code (UPC) and Uniform Plumbing Code Standards, published by the International Association of Plumbing and Mechanical Officials: PROVIDED, that any provisions of such code affecting sewers or fuel gas piping are not adopted; and The rules adopted by the Washington State Building Code Council establishing standards for making buildings and facilities accessible to and usable by the physically disabled or elderly persons as provided in RCW 70.92.100 through 70.92.160. In case of conflict among the codes enumerated in subsections 1, 2, 3, and 4. of this section, the first named code shall govern over those following. 5. The 2003 International Fuel Gas Code as published by the International Code Council, I nc.(IFC). Draft Ordinance 04-010;Article III Uniform Dev Code Page 2 of 7 DRAFT 0 6. The 2001,Second Edition, Washington State Energy Code Chapter 5 1-1 1 WAC. 7. The 1997 Edition of the Uniform Code for the Abatement of Dangerous Buildings published by the International Conference of Building Officials, Whittier California. 8. The 2003 International Property Maintenance Code as published by the International Code Council,Inc. Section 3.02. General Requirements for all Referenced Codes: Section 3.02.01 Conflict between Codes. Whenever there is a conflict between a Referenced Code in Section 3.01 of this code and the General Requirements contained in Section 3.02. of this code, the General Requirements shall apply. Section 3.02.02 Reserved. Section 3.02.03 Design Requirements: Ground Wind Seismic Frost Winter Ice Air Mean Snow Speed Design Weathering line Termites Decay Design Shield Flood Freeze Annual Load' (Gust) Category depth Temp Underlay Hid' index Temp 39 Slight to None to 2003 IbsJfl2 85 mph C Severe 24" ligh rate slight 10° Yes 1992 1232 47.2° FIRM Q * Minimum roof snow load to be 30 lbs/f 2 in the City of Spokane Valley. Section 3.02.04 Professional Preparation of Plans. The City of Spokane Valley shall require a Washington licensed design professional, licensed under the provisions of RCW 18.08 , WAC 308-12 or RCW 18.43 to prepare or oversee the preparation of plans for any building or structure containing five or more residential dwelling units or doing design work including preparing construction contract documents and administering the contract for construction, erection, enlargement, alteration, or repairs of or to a building of any occupancy over four thousand square feet of construction. Section 3.02.04 Section 3.02.05 Construction Plans. All submitted construction documents must be of sufficient detail to show the entire project with emphasis on the following: • Structural integrity • Life safety • Architectural barriers (ADA handicap compliance) • Compliance with all codes having jurisdiction • Scope of work • Special Inspection requirements and protocols. • Deferred Submittal Schedule In general,the amount of detail required will vary, depending on the nature and complexity of the project. Section 3.02.06 Permits. Section 3.02.06.1 Ownership. The ownership of a Spokane Valley Development Permit inure to the property owner. The Permit Applicant is, by definition, an agent of the property owner if not the property owner. Draft Ordinance 04-010;Article III Uniform[rev Code Page 3 of 7 DRAFT Section 3.02.06.2 Expiration of Permits. All permits shall expire by limitation and be declared �....✓ void if a) work is not started within 180 clays of obtaining a permit, or b) work is abandoned for 180 days or more after beginning work, or c) after two years from the date of permit issuance, regardless of whether the work is finished. If a permit is expired for time, a new permit may be obtained for %z the permit fee for the value of the remainder of the work to finish the original permit. Section 3.02.07 Referenced Codes. All referenced codes are available for review at the City of Spokane Valley Permit Center. Section 3.02.08 Fees. All Spokane Valley Permit fees shall be established by a City of Spokane Valley Resolution and may be found in Appendix B, Schedule C of the Spokane Valley Uniform Development Code. Section 3.02.08.1 Investigation Fees: Work without a Permit. a. Investigation. Whenever any work for which a permit is required by this code has been commenced without first obtaining said permit, a special investigation shall be made before a permit may be issued for such work. b. Fee. An investigation fee, in addition to the permit fee, shall be collected whether or not a permit is then or subsequently issued. The investigation fee shall be equal to the amount of the permit fee required by this code. The minimum investigation fee shall be the same as the minimum fee set forth in Schedule C. This fee is an additional, punitive fee and shall not apply to any Spokane Valley Grading or Building Permit Fee that may subsequently be issued. Payment of the investigative fee does not vest the illegal work with any legitimacy, nor does it establish any right to a Spokane Valley Permit for continued development of that project. If the work done remains illegal for 90 days after service of the Stop Work Order, it shall be considered hazardous. c. The payment of such investigation fee shall not exempt any person from compliance with all other provisions of this code nor from any penalty prescribed by law. Section 3.02.08.2 Fee Refunds. The building official may authorize the refunding of: 1. 100% of any fee erroneously paid or collected. 2. Up to 80% of the permit fee paid when no work has been done under a permit issued in accordance with this code. 3. Up to 80%of the plan review fee paid when an application for a permit for which a plan review fee has been paid is withdrawn or canceled before any plan reviewing is done. The building official shall not authorize refunding of any fee paid except on written application filed by the original permitee not later than 180 days after the date of fee payment. Section 3.02.09.Appeals. All appeals of any Building Official decision, order or determination relative to the application and interpretation of Article III of the Spokane Valley Uniform Development Code shall be made in conformance with the City of Spokane Valley Uniform Development Code Section 1.20.39.B. Section 3.02.10.Floodplain Development. All development within a designated floodplain located in the City of Spokane Valley jurisdiction shall comply with Section 5.01 of the Spokane Valley Uniform Development Code and the construction specifications detailed in the 2003 IRC Section R323 Flood- Resistant Construction as amended. Section 3.02.11 Reserved. Draft Ordinance 04-010;Article III Uniform Dev Code Page 4 of 7 DRAFT =' Section 3.03 Amendments to the referenced codes. Section 3.03.1 2003 International Building Code. a) Amend Section 105.2 Work exempt from permit. Building: 1. by substituting "200" for "150" in the square feet of floor area exempt from building permits. Section 3.03.2 2003 International Residential Code. a) Add Section R 310.1.5 Replacement of Emergency Escape and Rescue Openings. If emergency escape and rescue openings are replaced or renewed, except for glazing replacement or renewal, the opening sizes shall be as required for new construction. b). Amend R323.1.3 Establishing the design flood elevation. Add a first sentence: The design flood elevation is equal to base flood elevation plus one foot. c). Amend 12323.2.1 Elevation Requirements by rewriting #1. to read: Buildings and structures shall have the lowest floors elevated to or above base flood elevation plus one foot. Also by rewriting#3 to read: Basement floors that are below grade on all sides shall be elevated to or above base flood elevation plus one foot. d). Add a second paragraph to R323.3.6 Construction documents to read: The documents shall include a verification of foundation elevation prior to footing inspection approval and a verification of lowest floor elevation to be base flood elevation plus one foot prior to framing inspection approval. c). Delete Part IV—Energy Conservation in its entirety. O. Delete Part VII - Plumbing in its entirety. References to chapters in Part VII shall be made instead to the appropriate sections of the 2003 Uniform Plumbing Code published by IAPMO. g). Delete Part VIII—Electrical in its entirety. References to chapters in Part VIII shall be made instead to the National Electrical Code published by the NFPA and enforced in Spokane Valley by the state of Washington Department of Labor and Industries. Section 3.03.3 2003 International Mechanical Code-Reserved. Section 3.03.4 2003 International Fire Code Amend Appendix C: Add an Exception after the last paragraph in C105.1 Hydrant spacing. Exception: The fire chief is authorized to reduce the number of required hydrants by up to 50% when the building is equipped with an approved, automatic fire sprinkler system and the fire chief has approved the location of those required fire hydrants. Amend Appendix D: 1)101.1 Scope. Fire apparatus access roads shall be in accordance with this appendix and all other applicable requirements of the International Fire Code including the provisions of Section 503 Fire Apparatus Access Roads. Section 3.03.5 2003 Uniform Plumbing Code-Reserved Section 3.03.6 2003 International Fuel Gas Code-Reserved. Section 3.03.7 2001 Second Edition,Washington State Energy Code-Reserved. Section 3.03.8 1997 Uniform Code for the Abatement of Dangerous Buildings Drag Ordinance 04-010:Article III Uniform Dev Code Page 5 of 7 DRAFT 3.03.8.1 Section 302 Dangerous Buildings. Add additional definitions of a dangerous building: 19. Drug Properties and Structures. It is hereby declared that any building, structure and/or associated property, identified by the City of Spokane Valley Chief of Police, wherein or upon which the manufacture, distribution, production or storage of illegal drugs or the precursors to create illegal drugs has taken place in a manner which could endanger the public, such building, structure and/or associated property is not only a dangerous property as defined by the City of Spokane Valley but is also a classification of property calling for the special procedures set forth in this section. The Building Official is authorized to abate such dangerous buildings, structures, and/or associated properties in accordance with the dangerous building procedures set forth in this code and Washington statute, RCW 64.44.010, with the following modifications: 19.1. Due to public safety hazard in drug production facilities, the utilities shall be disconnected; 19.2. Building(s) and structures shall be inspected to determine compliance with all city ordinances and codes; 19.3. Building(s) and any entry gates to the property shall be secured against entry in the manner set forth in this code; 19.4. No reconnection of utilities or occupancy of the building(s), structures or property shall be allowed until all violations have been successfully addressed, all dangerous conditions abated and a notice of release for re-occupancy has been received from the health department and sheriff's office; and 19.5. If dangerous conditions cannot be abated, occupancy shall be prohibited. Resolution of said property shall be in conformance with RCW 35.80A.010, Condemnation of blighted property. 20. Blighted Property. In conformance with RCW 35.80A.010, the City of Spokane Valley may acquire by condemnation, in accordance with the notice requirements and other procedures . for condemnation provided in Title 8 RCW, any property, dwelling, building, or structure which constitutes a blight on the surrounding neighborhood. A "blight on the surrounding neighborhood" is any property, dwelling, building, or structure that meets any two of the following factors: 20.1 If a dwelling, building, or structure exists on the property, the dwelling, building, or structure has not been lawfully occupied for a period of one year or more; 20.2 the property, dwelling, building, or structure constitutes a threat to the public health, safety, or welfare as determined by the executive authority of the City of Spokane Valley or the designee of the executive authority; or 20.3 the property, dwelling, building, or structure is or has been associated with illegal drug activity during the previous twelve months. Prior to such condemnation, the City of Spokane Valley City Council shall adopt a resolution declaring that the acquisition of the real property described therein is necessary to eliminate neighborhood blight. Condemnation of property, dwellings, buildings, and structures for the purposes described in this chapter is declared to be for a public use. Section 303.9 The 2003 International Property Maintenance Code- Reserved. Draft Ordinance 04-010;Article Ill Uniform Dcv Code Page 6 of 7 DRAFT Section 2. Severability. If any section, sentence, clause or phrase of this ordinance shall be held to be invalid or unconstitutional by a court of competent jurisdiction,such invalidity or unconstitutionality shall not affect the validity or constitutionality of' any other section, sentence, clause or phrase of this ordinance. Section 3. Effective date. This ordinance shall be in full force and effect five (5) days after publication of this ordinance or a summary thereof in the official newspaper of the City as provided by law. Approved by the City Council this day of , 2004. Michael DeVleming, Mayor A7 fEST: Christine Bainbridge, City Clerk Approved as to form: Cary P.Driskell,Deputy City Attorney Date of publication: Effective date: Draft Ordinance 04-010;Article IIl Uniform Dcv Code Page 7 of 7 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: February 24, 2004 City Manager Sign-off: Item: Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing ❑ information ❑ admin. report ❑ pending legislation AGENDA ITEM TITLE : First Reading Proposed Sidewalk Ordinance 04-011 GOVERNING LEGISLATION: PREVIOUS COUNCIL ACTION TAKEN: BACKGROUND: OPTIONS: RECOMMENDED ACTION OR MOTION: Advance Ordinance to a second reading BUDGET/FINANCIAL IMPACTS: None STAFF CONTACT: Stanley Schwartz ATTACHMENTS DRAFT r CITY OF SPOKANE VALLEY SPOKANE COUNTY,WASHINGTON ORDINANCE NO. 04-011 AN ORDINANCE OF THE CITY OF SPOKANE VALLEY,WASHINGTON RELATING TO THE DUTY TO MAINTAIN SIDEWALKS AND PROVIDING FOR OTHER MATTERS PROPERLY RELATED TH 1 ETO. WHEREAS, RCW 35.21.220 authorizes cities to regulate the use of sidewalks within their corporate boundaries; WHEREAS, the City is authorized to construct, reconstruct and repair sidewalks including paying the cost of such work or requiring the abutting property owner to construct the improvement following notice and a hearing; WHEREAS, this Ordinance is for the purpose of aiding the City in the discharge of the duty to the general public to maintain sidewalks within the City; and WHEREAS, the City desires that maintenance and repair of sidewalks be performed by the owners of property abutting the sidewalks. NOW THEREFORE, the City Council of the City of Spokane Valley, Washington do ordain as follows: Section 1. Purpose. The City declares it is in the best interests of the citizens of the City of Spokane Valley to improve and maintain sidewalks and keep the same free from any obstruction, impediment,or condition that impairs the safety or use of the sidewalk. Section 2. Definitions. For the purposes of this Ordinance, the following definitions shall apply: A. "Sidewalk" includes any and all pedestrian structures or forms of improvement for pedestrians included in the space within the street margin, as defined by a curb or the edge of the traveled road surface, and the line where the public right of way meets the abutting property. B. "Streets" means a public or private roadway which provides the primary means of access to property. C. "Abutting property" means all property having frontage upon the sides or margins of any street. Section 3. Abutting Property Owners Duty to Maintain. When any street is improved with a sidewalk along either or both sides thereof, the duty to clean and maintain the same shall be upon the abutting property owner. It shall be the responsibility of the abutting property owner to maintain the sidewalk at all times in a safe condition, by removing snow and ice, or any accumulation of debris, materials or objects where the same endangers or interferes with the public use of such sidewalk. Any snow, ice, debris, materials or objects removed from the sidewalk shall not be disposed of on public or private streets or another's private property. Maintenance shall include repair and restoration of the sidewalk according to City standard. Ordinance C)4-0]I Sidewalks Page I of 3 DRAFT Section 4. E_px ense of Maintenance and Repair. The duty and expense of maintaining and repairing sidewalks along the side of any street shall be upon the abutting property owner. Section 5. Notice and Hearing on Sidewalk Improvement. Prior to ordering the construction or reconstruction of a sidewalk, the City Council shall adopt a resolution and cause the resolution to be served upon the abutting property owner. The resolution shall be deemed notice directing the construction or reconstruction of the sidewalk and be delivered pursuant to the Civil Rules of Washington. If the owner is a non-resident of the State of Washington, the notice shall be mailed to the last known address, or if the address is unknown by posting a copy in a conspicuous place at such portion of the street where the improvement is to be made. The last known address shall be determined through the tax rolls of the County Assessor. The resolution shall: (a) include plans and specifications that detail the work to be completed; (b) specify a reasonable time for the construction or reconstruction to be accomplished; (c) state that in the event the owner fails to make the improvement, the City will proceed to construct the improvement commencing on a certain date; and (d) that the City Council will hear any and all protest against the proposed construction and assessment on a stated date. The resolution shall be published for two consecutive weeks before the date of the hearing in the official newspaper of the City. At least, ten days prior to the hearing written notice of the hearing shall be given to the owner of the abutting property. Prior to commencing construction, the City Manager or designee will report to the City Council the condition of the sidewalk, that proper notice was given, the estimated cost of the improvement, the name of the owner, if known, and that the cost and expense of the sidewalk improvement may become a lien against the property pursuant to an Assessment Hearing under RCW Chapter 35.68. If the owner has failed to perform the work as requested through the notice, the City Council may order the work performed and direct that an Assessment Roll be delivered to the Council identifying the lot or parcel of land directly abutting that portion of the sidewalk improved, the cost of the work and the name of the owner, if known.The City Council following the construction shall set a hearing to assess the cost of the improvement against the property and shall fix the time and manner for payment with the assessment becoming a lien against the property and collected in the same manner as local improvement assessments under RCW Chapter 35.44. The City may, through the general fund, pay a portion of the cost of construction provided the Council makes a finding that such construction is in the public interest. An abutting property owner shall not be charged with any cost of sidewalk construction in excess of fifty percent of the valuation of such abutting property, exclusive of improvements, according to the last valuation placed upon the property by the County Assessor. Further, an abutting property owner shall not be charged with any costs of reconstruction if: (a) the reconstruction is required to correct deterioration of or damage to the sidewalk that is the direct result of actions by the City or its agents; or (b) to correct deterioration of or damage to the sidewalk that is a direct result of the failure of the City to enforce its Ordinances. Section 5. Penalty of Noncompliance. In addition to any other legal remedy, the City may issue a Class I civil infraction pursuant to RCW 7.80 to a property owner for failure to comply with the provisions of this Ordinance. Section 6. Liability. The express intent of the City of Spokane Valley is that the responsibility for compliance with the provisions of this Ordinance shall rest with the abutting property owner. This Ordinance and its provisions are adopted for the purpose of protecting the health, safety, and welfare of the general public and not any particular class of individuals or organizations. Ordinance 04-01 l Sidewalks Page 2 of 3 DRAFT • Section 7. Severability. If any section, sentence, clause or phrase of this Ordinance shall be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not effect the validity or constitutionality of any other section, sentence, clause or phrase of this Ordinance. Section 8. Effective Date. This Ordinance shall be in full force and effect five(5)days after publication of the Ordinance summary or a summary thereof in the official newspaper of the City as provided by law. Passed By the City Council of the City of Spokane Valley this_day of ,2004. Mayor, Michael DeVleming ATTEST: • City Clerk, Chris Bainbridge APPROVED AS TO FORM: • Stanley M. Schwartz,Interim City Attorney Date of Publication: Effective Date: i Ordinance 04-01 I Sidewalks Page 3 of 3 - -, CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: 02-24-04 City Manager Sign-off: . Item: Check all that apply: ❑ consent ❑ old business ❑ new business [l public hearing xxinformation ❑ admin. report 0 pending legislation AGENDA ITEM TITLE : Mayor Appointments/Council Confirmations GOVERNING LEGISLATION: PREVIOUS COUNCIL ACTION TAKEN: BACKGROUND: OPTIONS: RECOMMENDED ACTION OR MOTION: Mayor De leming will propose makinkr the following: committee appointments: • Alan Gilson —Cable Advisory Board for a term of three years (expires end of 2006) John Horstketter— Cable Advisory Board for a term of two years (expires end of 2005) R.J. Demers—Cable Advisory Board for a term of one year (expires end of 2004) Hotel Advisory Commission (to advise the legislative authority and oversee collection of TPA • Funds): Jeff Fox, of Mirabeau Park Hotel Harry Sladieh, Sterling Hospitality & Quality Inn Valley Suites Councilmember Taylor as ex-officio representative. BUDGET/FINANCIAL IMPACTS: STAFF CONTACT: ATTACHMENTS • MEMO WITHERSPOON, KELLEY,DAVENPORT & TOOLE, P.S. • TO: Mayor and Members of the City Council • Cc: Dave Mercier, City Manager, Marina Sukup, Director of Community Development, Kevin Snyder, Planning Manager, Cary Driskell, Deputy City Attorney FROM: Stanley M. Schwartz, Attorney DATE: February 20, 2004 • RE: Hearing Examiner Ordinance INTRODUCTION This memorandum is submitted in support of a proposed amendment to the Hearing Examiner Ordinance. II. BACKGROUND The City Hearing Examiner Ordinance provides that a site specific zone change is a "administrative decision appealable to the City Council". This means where there is no appeal, • the decision of the Examiner is final. Because the zoning is Iegislative, City staff prepares an Ordinance that completes the Examiner's decision. Little discretion is left to the Council. • In discussions with staff the above process appears awkward in the sense that the City Council is asked to approve a Hearing Examiner decision that is already final. State law provides that when a city uses a Hearing Examiner process, the city•must specify the legal effect of a decision- A site specific zone change by a Hearing Examiner may not be deemed a final decision of the City Council. The decision can either be a "recommendation to the legislative body" or "an administrative decision appealable to the City Council" RCW 35A, 3,170. III. CONCLUSION The present City Ordinance has been written to provide that the decision of the Examiner on a -site specific rezone is an administrative decision appealable to the City Council. Because a site specific zone change is, in large part, dependent upon the Comprehensive Plan of the City it is . reasonable (and preferred by certain staff) that the site specific zone change decision be a recommendation to the City Council from the Hearing Examiner. With such a recommendation the Council will then exercise its legislative discretion, based upon the record before the Hearing Examiner, and either follow or reject the recommendation. Since the Council adopts the • Comprehensive Plan it seems logical that an interpretation of that plan, with respect to a site • specific rezone, should be a matter of council judgment- ' CAI)ocumcnts And Sc[ting3tbainbridgeLceal Se[[inr,.ATemporary Intunci FiFes10LK2E'llyfemol•1n'c,rJ2-2.O.o4-doe CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: February 24, 2004 City Manager Sign-off: Item: Check all that apply: ❑consent ❑old business ❑ new business ❑ public hearing ® information ❑admin. report ❑ pending legislation AGENDA ITEM TITLE: Consideration of an Ordinance establishing Article I Section 1.20 of the Spokane Valley Uniform Development Code relating to Enforcement & Penalties; repealing ordinances in conflict, providing for severability and effective date. GOVERNING LEGISLATION: RCW 7.80 et seq. PREVIOUS COUNCIL ACTION TAKEN: Zoning Code Compliance Ordinance No. 03-078 was adopted on September 17, 2003 BACKGROUND: The provisions of the Zoning Code Compliance (Ordinance No. 03-078), with minor modifications, provides the necessary authority and procedural tools for the uniform enforcement of many land use violations, including those related to planning, engineering design, building and flood plain regulations, as well as zoning. The proposed provisions generally replace the word "Director" which related specifically to the Community Development Director with 'City" or "authorized representative of the City". This will enable the Director of Public Works, the Building Official and the Community Development Director, or other official identified by specific regulation, to enforce provisions of the Code in a uniform manner. • OPTIONS: No action. RECOMMENDED ACTION OR MOTION: Approval. BUDGET/FINANCIAL IMPACTS: Not Applicable. STAFF CONTACTS: Marina Sukup, AICP, Community Development Director Cary Driskell, Deputy City Attorney. ATTACHMENTS Draft Ordinance DRAFT CITY OF SPOKANE VALLEY SPOKANE COUNTY WASHINGTON ORDINANCE NO. 04- AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY WASHINGTON, ESTABLISHING ARTICLE I SECTION 1.20 OF THE SPOKANE VALLEY UNIFORM DEVELOPMENT CODE RELATING TO ENFORCEMENT AND PENALTIES; REPEALING ORDINANCES IN CONFLICT; AND PROVIDING FOR SEVERABILITY AND EFFECTIVE DATE. • WHEREAS,Ordinance No. 03-078 was published on September 12, 2003; and WHEREAS, It is the policy of the City of Spokane Valley to emphasize code compliance by education and prevention as a first step. This policy is designed to ensure code compliance and timely action that is available to all persons and uniform in its implementation; and • WHEREAS, this policy is designed to ensure code compliance and timely action that is available to all persons and is uniform in its implementation; and WHEREAS, It is the intention of the City to pursue code compliance actively and vigorously in order to protect the health, safety and welfare of the general public; NOW, THEREFORE, the City Council of the City of Spokane Valley, Washington, do ordain as follows: Section I. Article I of the Spokane Valley Development Code is hereby established pursuant to Attachment"A"made a part hereof for all purposes. • Section 2. Severability. If any section, sentence, clause or phrase of this ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this ordinance Section 3. Effective date. This ordinance shall be in full force and effect five (5) days after publication of this ordinance or a summary thereof in the official newspaper of the City as provided by law. Approved by the City Council this day of , 2004. Michael DcVleming,Mayor ATTEST: Christine Bainbridge,City Clerk Approved as to form: Cary P. Driskell,Deputy City Attorney Date of publication: Effective date: Ordinance Re Enforcement&Penalties Uniform Oev.Code Page 1 of 22 DRAFT . f. Attachment"A" ARTICLE I Section 1.0.-1.19. Reserved. Section 1.20.Enforcement and Penalties. 1.20.01.—Definitions. A. "abate" means to take whatever steps are deemed necessary by Eke-Direeter to ensure that the property complies with applicable code requirements. Abatement may include, but is not limited to, rehabilitation, demolition, removal, replacement or repair. B. "eivil code violation"means and includes an act or omission contrary to: • 1. Any ordinance, resolution, regulation or public rule of the City that regulates or protects the use and development of land or water; and/or 2. The conditions of any permit, notice and order or stop work order issued pursuant to any such ordinance, resolution, regulation or public rule. C. "The City"means the City of Spokane Valley, Washington, acting by and through the authorized representatives and agents designated by the City Manager. D. "days"will be counted as business days when five or less days are allowed to do an act required by this Ordinance. "days"will be considered calendar days when more than five days arc allowed to do an act required by this Ordinance. E. "determination of compliance"means a written statement from the Director or designee City that the Director has reviewed evidence to determine that the violation(s)has been sufficiently abated as to the violation(s) stated in the voluntary compliance agreement, citation notice of violation, notice and order or stop work order. F. "Director" means the Director of the Department of Cemm pity Development, or-his or her ..,.. . 0 G. "found in violation"means" 1. That a eitr tien notice of violation, notice and order or stop work order has been issued and not timely appealed;or 2. That a voluntary_ compliance agreement has been entered into; or 3. That the Hearing Examiner has determined that the violation has occurred and such determination has not been stayed or reversed on appeal. H. "Hearing Examiner"means the City of Spokane Valley Hearing Examiner, as provided by City of Spokane Valley Ordinance number 57 as adopted or hereafter amended. \ f Ordinance Re Enforcement&Penalties Uniform Dev.Code Page 2 of 22 DRAFT I. "mitigate" means to take measures, subject to City approval, to minimize the harmful effects of the violation where remediation is either impossible or unreasonably burdensome. J. "permit" means any form of certificate, approval, registration, license or any other written permission issued by the City. All conditions of approval, and all easements and use limitations shown on the face of an approved final plat map which are intended to serve or protect the general public are deemed conditions applicable to all subsequent plat property owners, owner's tenants, and owner's agents as permit requirements enforceable under this chapter. K. "person" means any individual, association, partnership, corporation or legal entity, public or private, and the agents and assigns of such individual, association,partnership, corporation or legal entity. L. "person responsible for a code violation"means the person who caused the violation, if that can be determined, and/or the owner, lessor, tenant or other person entitled to control, use and/or occupancy of the property where the eiv l code violation occurs. M. "public rule" means any rule properly promulgated to implement City civil code provisions of this code. N. "remediate" means to restore a site to a condition that complies with sensitive area or other regulatory requirements as they existed before the violation occurred; or, for sites that have been degraded under prior ownerships, restore to a condition which does not pose a probable threat to the environment or to the general public health, safety or welfare. O. "resolution" for purposes of this chapter means any resolution adopted by the City of Spokane .• Valley City Council. 1.20.02. — Relationship to Growth Management Plan. This chapter is adopted as development regulations pursuant to RCW 36.70A(Growth Management Act). • 1.20.03.—Declaration of public nuisance—misdemeanor. A. All diode violations of this Code are hereby determined to be detrimental to the general public health, safety and welfare and are hereby declared public nuisances. All conditions determined to be civl-tee violations of this Code shall be subject to and,enforced pursuant to the provisions of this chapter except where specifically excluded by law or regulation. . B. Any person who willfully or knowingly causes, aids or abets a civil code violation pursuant to this chapter 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 one thousand dollars and/or incarceration for a term not to exceed ninety days. Each week(seven consecutive days) such violation continues shall be considered a separate misdemeanor offense. As an alternative, or in addition to any other judicial or administrative remedy provided in this chapter or by law or other regulation, the Director may recommend that the Office of the City Attorney file a misdemeanor complaint against the person responsible for code violation when the City has documentation or other evidence that the violation was willful and knowing. 1.20.04.—Enforcement, authority and administration. A. In order to discourage public nuisances and otherwise promote compliance with applicable code provisions, the Director City may, in response to field observations or reliable • • Ordinance Re Enforcement&Penalties Uniform Oev.Code Page 3 of 22 DRAFT complaints, determine that ei ede violations of this Code have occurred or are occurring, and may: 1. Enter into voluntary compliance agreements with persons responsible for code violations; 2. Issue citations notice of violation and ,assess civil penalties as authorized by this chapter; 3. Issue notice and orders, assess civil penalties and recover costs as authorized by this chapter; 4. 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 chapter; 5. Allow a person responsible for the code violation to perform community service in lieu of paying civil penalties as authorized by SVZC 14.406.530 this chapter; . 6. 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 chapter; 7. Suspend,revoke or modify any permit previously issued by the Director City or deny a permit application as authorized by this chapter when other efforts to achieve compliance have failed; and 8. Forward a written statement providing all relevant information relating to the violation to the Office of City Attorney with a recommendation to prosecute willful and knowing violations as a misdemeanor offense. B. The procedures set forth in this title are not exclusive. These procedures shall not in any manner limit or restrict the City from remedying civil code violations or abating eivil-eefle violations of this code in any other manner authorized by law. C. In addition, or as an alternative, to utilizing the procedures set forth in this chapter, the City may seek legal or equitable relief to abate any conditions or enjoin any acts or practices which constitute a eivil-code violation. D. In addition, or as an alternative, to utilizing the procedures set forth in this chapter, the City may assess or recover civil penalties accruing under this chapter by legal action filed in Spokane County District Court by the Office of the City Attorney. E. The provisions of this chapter shall in no way adversely affect the rights of the owner, lessee or occupant of any property to recover all costs and expenses incurred and required by this chapter from any person causing such violation. F. In administering the provisions for code enforcement, the Director 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 clause, substantial injustice cannot be based exclusively on financial hardship. G. The provisions of this chapter detailing the administration of code compliance procedures are intended only for the purpose of providing guidance to City employees and are not Ordinance Re Enforcement&Penalties Uniform Dev.Code Page 4 of 22 DRAFT jurisdictional, and are not to be construed as creating a basis for appeal or a defense of any kind to an alleged code violation. H. The Director 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 inspection warrant, enter at reasonable times any building or premises subject to the consent or warrant to perform the duties imposed by this chapter. 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 chapter shall not supersede those legal constraints. I. The representative 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. 1.20.05.—Guidelines for departmental responses to complaints. A. The following guidelines should be applied by the Direetor City, subject to resource limitations, when responding to code compliance complaints. The timelines identified below may be modified by Department rule, subject to council review and approval. 1. High risk investigations needing an urgent response (within 24 hours) include any cases in which there is an imminent likelihood of or actual bodily harm, damage to public resources or facilities, damage to real or personal property, public health exposure or environmental damage or contamination. 2. Moderate risk investigations needing a prompt response (within 72 hours) include cases in which there is risk of bodily harm, damage to public resources and/or facilities, damage to real or personal property,or environmental damage or contamination. 3. Low risk investigations needing response as time permits (within 14 days of violation being identified by code compliance staff) including cases where the violation is non- . cmergent, does not fit within the high risk or moderate risk categories and has only minor public impacts. 13. The response times set out in this chapter are not jurisdictional, and failure to meet them in any particular case shall not affect the City's authority to enforce City codc provisions with regard to that case. C. The Director is 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 Diieetef City determines a complaint is not reliable, the DifeeteF City is not obligated to conduct a field investigation. 1.20.06. —Initial investigation. This chapter section sets forth guidelines for more specific procedures to be used by the Director City in implementing this chapter. The guidelines set forth in this chapter are not jurisdictional, and failure to meet them in any particular case shall not affect the City's authority to enforce city code provisions with regard to that case. A. Field verification required. Except in emergencies and for low risk case complaints, field verification should be made if possible prior to, concurrent with, or shortly after notifying the person responsible for the code violation or alleged code violation. Low risk case complaints should be acknowledged by sending a letter to the person(s) responsible for the code _ Ordinance Re Enforcement& Penalties Uniform Dev.Code Page 5 of 22 DRAFT violation. The letter should state that a violation may have occurred, but has not been verified, and should ask the recipient to contact the person issuing the letter. B. Advising interested parties of receipt of complaint and/or field investigation. 1. The person responsible for the code violation should be advised of any complaint by personal contact;phone; posting and mail (return receipt requested). 2. The complainant should be contacted by phone, and if possible, in person during the field visit. C. The Director City will record all violations in a database system, including a list of all actions taken on the complaint. D. To the extent possible, the Departinet 4 City shall check its own records and the records of other agencies for previous violations on the site of the alleged violation or by the owner or occupant of the site or such other person as may be responsible for the code violation. E. Staff undertaking field investigations shall comply with the provisions of this chapter regarding right of entry. 1.20.07.—Procedures when probable violation is identified. A. The Director 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, whether or not a violation has occurred. As soon as the Director City has reasonable cause to determine that a violation has occurred, he or she shall document the violation and promptly notify the person(s)responsible for the code violation. B. Except as provided in subsection D, a warning shall be issued verbally or in writing promptly when a field inspection reveals a violation, or as soon as the Director 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 chapter. Verbal warnings shall be logged and followed up with a written warning within five(5) days, and the site shall be re-inspected within fourteen(14)days. C. Nio warning need be issued in high risk cases, emergencies, repeat violation cases, cases that are already subject to a voluntary compliance agreement, cases where the violation creates or has created a situation or condition that is not likely to be corrected within seventy-two (72) hours, eases 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 civil—code violation. D. Citations notice of violation may be issued in moderate and low risk cases, provided that the Director City determines it is probable that the violation can likely be fully corrected in a short period of time. E. Notice and orders should be issued in all high risk cases in which a voluntary compliance agreement has not been entered into within two (2) days of notification by the Director City. Notice and orders may be issued in moderate and low risk cases where the Director City determines that the violation is unlikely to be fully corrected in a short period of time. Ordinance Re Enforcement&Penalties Uniform Dev.Code . Page 6 of 22 DRAFT F. The teeter City shall use all reasonable means to determine and cite the person actually responsible for the code violation occurring when the property owner has not directly or indirectly caused the violation. G. If the violation is not corrected, or a voluntary compliance agreement is not achieved within fifteen (15) days of notification by the Director City, a notice and order or stop work order should be issued. Citations should be issued within fifteen (15) days from receipt of a complaint. Notice and orders should be issued within twenty (20) days from receipt of a complaint. Stop work orders should be issued promptly upon discovery of a violation in progress. H. All complainants will be asked by staff at the time the complaint is filed whether they wish to be kept advised of enforcement efforts. Any complainant who provides a mailing address and requests to be kept advised of enforcement efforts should be mailed a copy of all written warnings, voluntary compliance agreements, citations notice of violation, notice and orders, stop work orders and notices of settlement conferences issued by the$iFeeter with regard to the alleged violation. Any complainant may appeal a determination of code compliance issued by the City .e • . - .' e •' 1..20.08.—Service—citation notice of violation, notice and order, and stop work order. A. Service of a citation notice of violation or notice and order shall be made on a person responsible for code violation by one or more of the following methods: I. Personal service of a citation notice of violation or notice and order may be made on the person identified by the Department City as being responsible for the code violation, or by leaving a copy of the citation notice of violation or notice and order at the person's house of usual abode with a person of suitable age and discretion who resides there; 2. Service directed to the landowner and/or occupant of the property may be made by posting the citation notice of violation or notice and order in a conspicuous place on the property where the violation occurred and concurrently mailing notice as provided for below, if a mailing address is available; 3. Service by mail may be made for a citation notice of violation or a notice and order by mailing two copies, postage prepaid, one by ordinary first class mail and the other by certified mail, to the person responsible for the code violation at his or her last known address, at the address of the violation, or at the address of the place of business of the person responsible for the code violation. The taxpayer's address as shown on the tax records of Spokane County shall be deemed to be the proper address for the purpose of - mailing such notice to the landowner of the property where the violation occurred. Service by mail shall be presumed effective upon the third business day following the day upon which the cation notice of violation or notice and order was placed in the mail. B. For notice and orders only, when the address of the person responsible for the code violation cannot be reasonably determined, service may be made by publication once in the City's newspaper of record. Service by publication shall conform to the requirements of Civil Rule 4 of the Rules for Superior Court. C. Service of a stop work order on a person responsible for a code violation may be made by posting the stop work order in a conspicuous place on the property where the violation occurred or by serving the stop work order in any other manner permitted by this chapter. Ordinance Re Enforcement&Penalties Uniform Dev.Code Page 7 of 22 DRAFT D. The failure of the l3ifeeter City to make or attempt service on any person named in the eitatien notice of violation, notice and order or stop work order shall not invalidate any proceedings as to any other person duly served. 1.20.09.—Training and rttlemaking. A. In order to ensure strict conformity with the constraints on entry imposed by state and federal law, and to ensure that City employees deal with the public in a manner which respects the rights of private property owners, the Direeter City shall develop and adopt internal procedures, protocols and training programs governing the conduct of searches by compliance officers. 13. The Director City shall adopt procedures to implement the provisions of this chapter, and specifically the guidelines set out in this chapter describing reasonable and appropriate protocols for investigating code violations. 1.20.10.—Obligations of persons responsible for code violation. A. It shall be the responsibility of any person identified as responsible for a code violation to bring the property into a safe and reasonable condition to achieve code compliance. Payment. of civil penalties, applications for permits, acknowledgement of stop work orders and compliance with other remedies does not substitute for performing the corrective work required and having the property brought into compliance to the extent reasonably possible under the circumstances. B. Persons determined to be responsible for a code violation pursuant to a eitetien notice of violation or notice and order shall be liable for the payment of any civil penalties and abatement costs, provided however, that if a property owner affirmatively demonstrates that the action which resulted in the violation was taken without the owner's knowledge or consent by someone other than the owner or someone acting on the owner's behalf, that owner shall be responsible only for bringing the property into compliance to the extent reasonably feasible under the circumstances. Should the owner not correct the violation, only those abatement costs necessary to bring the property into a safe and reasonable condition, as determined by the Director City, shall be assessed by the City. No civil penalties shall be assessed against such an owner or his or her property interest. 1.20.11.—Determination of compliance. After issuance of a warning, voluntary compliance agreement, eitetien notice of violation, notice and order, or stop work order, and after the person(s)responsible for a violation have come into zoning cede compliance .- : : -- - the Director City shall issue a written determination of compliance. The teeter City shall mail copies of the determination of compliance to each person originally named in the warning, voluntary compliance agreement, citation, notice and order, or stop work order, as well as the complainant, by certified mail, five-day return receipt requested. 1.20.12.—Voluntary compliance agreement—authority. A. Whenever the Director-C determines that a code violation has occurred or is occurring, the Director 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 Director City may enter into a voluntary compliance agreement as provided for in this chapter. Ordinance Re Enforcement&Penalties Uniform Dev.Code Page 8 of 22 DRAFT B. A voluntary compliance agreement may be entered into at any time after issuance of a verbal or written warning, a eitertian notice of violation, notice and order or a stop work order and before an appeal is decided -... ; - ° ' •.' t, .; e. C. Upon entering into a voluntary compliance agreement, a person responsible for a code violation waives the right to administratively appeal, and thereby admits that the conditions described in the voluntary compliance agreement existed and constituted a ei4.41 code violation. D. The voluntary compliance agreement shall incorporate the shortest reasonable time period for compliance, as determined by the Director City. An extension of the time limit for compliance, or a modification of the required corrective action may be granted by the f3treeter 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 04feet=er authorized re resentative of the City and person(s)who signed the original voluntary compliance agreement. E. The voluntary compliance agreement is not a settlement agreement. 1.20.13.—Voluntary compliance agreement—contents. A. 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; 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 pursuant to SVZC 14.406.500 if the voluntary compliance agreement is not satisfied; 6. An acknowledgement that if the Direetet'- j determines that the terms of the voluntary compliance agreement are not met, the City may, without issuing a citation notice of violation, notice and order or stop work order, impose any remedy authorized by this chapter,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 meter City may charge the unpaid amount as a lien against the property where the email 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 eiN,41 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 citation-notice of violation, notice and order, or Ordinance Re Enforcement&Penalties Uniform Dev.Code Page 9 of 22 DRAFT stop work order for any violation identified in the voluntary compliance agreement, has the right to administratively appeal any such citation notice of violation, notice and order, or stop work order, and that he or she is knowingly, voluntarily and intelligently waiving those rights. 1.20.14.-Failure to meet terms of voluntary compliance agreement. A. If the terms of the voluntary compliance agreement are not completely met, and an extension of time has not been granted, the Director 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 citation notice of violation, notice and order, or stop work order, be assessed a civil penalty as set forth by this chapter, 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 chapter. Penalties imposed when a voluntary compliance agreement is not met accrue from the date that an appeal of any preceding eiten notice of violation, notice and order, or stop work order was to have been filed or from the date the voluntary compliance agreement was entered into if there was not preceding citation notice of violation, notice and order, or stop work order. B. The Director City may issue a eitatica notice of violation, notice and order, or stop work order for failure to meet the terms of a voluntary compliance agreement. 1.20.15. -Citations- authority. Whenever the Direetef City has determined, based upon investigation of documents and/or physical evidence, that a civil code violation has occurred, the Direetef may issue a citation to any person responsible for code violation. The Director City shall make a determination whether or not to issue a citation within fifteen(15) days of receiving a complaint alleging a violation or otherwise discovering that a violation may potentially exist. Subsequent complaints shall be treated as new complaints for purposes of this chapter. However, such subsequent complaints shall not constitute a separate violation to which the penalties of this chapter apply. 1.20.16.-Citations Notice of Violation-effect. A. A citation notice of violation represents a determination that a civil code violation has occurred and that the cited party is a person responsible for a code violation. B. A citation notice of violation subjects the person responsible for a code violation to civil penalties prescribed by SVZC 14.406.500. C. The person responsible for a code violation shall either pay the civil penalties assessed within twenty (20) days of the date of issuance of the citation notice of violation, or appeal the citation notice of violation according to the procedures described herein is SVZC 14.406:600 63®. D. Failure to appeal the citation notice of violation within twenty (20) days shall render the citation notice of violation a fmal determination that the conditions described in the citation notice of violation existed and constituted a ei-Q-code violation, and that the cited party is liable as a person responsible. E. Imposition of a civil penalty creates a joint and several personal obligation in all persons responsible for a code violation who are served with notice of the violation. The Office of the City Attorney, on behalf of the City of Spokane Valley, may collect the civil penalties assessed by any appropriate legal means. Ordinance Re Enforcement&Penalties Uniform Dev.Code Page 10 of 22 DRAFT F. Issuance of a citation notice of violation in no way limits the City's authority to issue a notice and order or stop work order to any person responsible for a code violation pursuant to this chapter. 1.20.17. —Citation Notice of Violation — contents. The eitation notice of violation shall include all of the following information: A. The address,when available, or location of the code violation; B. A legal description of the real property or the Spokane County tax parcel number where the violation occurred or is located, or a description identifying the property by commonly used locators; C. A statement that the l ireetei' City has found the named person(s) to have committed a civil code violation and a brief description of the violation(s) found; D. A statement of the specific ordinance, resolution, regulation, public rule, permit condition, notice and order provision or stop work order provision that was or is being violated; E. A statement that the citation notice of violation represents a determination that a eiil code violation has occurred and that the cited party is subject to a civil penalty; F. A statement of the amount of the civil penalty assessed, that payment of the civil penalties assessed under this chapter 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 chapter, and that the penalty must be paid within twenty(20)days, if not appealed pursuant to SV6C 14.406:b00 630. F. 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; G. A statement advising that any person named in the citation notice of violation, or having any record or equitable title in the property against which the citation is issued may appeal from the citation to the Hearing Examiner within twenty (20) days of the date of service of the citation; H. A statement advising that a failure to appeal the citation notice of violation within twenty (20) days renders the citation notice of violation a final determination that the conditions described in the citation notice of violation existed and constituted a ei-vl code violation, and that the named party is liable as a person responsible for a code violation; and I. A statement advising that a willful and knowing violation may be referred to the Office of the City Attorney for prosecution - .. . . 1.2018.—Citation Notice.of Violation—modification or revocation. A. The $ireeter City may add to, revoke in whole or in part, or otherwise modify a citation notice of violation by issuing a written supplemental citation. The supplemental citation notice of violation shall be governed by the same procedures and time limits applicable to all citations notice of violation contained in this chapter. B. The Director City may issue a supplemental citation, or revoke a citation issued under this _. chapter: Ordinance Re Enforcement&Penalties Uniform Dev.Code Page 11 of 22 DRAFT 1. if the original citation notice of violation was issued in error; 2. whenever there is new information or change of circumstances; or 3. if a party to a citation notice of violation was incorrectly named. C. Such revocation or modification shall identify the reasons and underlying facts for modification or revocation, and shall be served on the person responsible for a violation in conformity with this article. D. 1.20.19.-Citation Notice of Violation-remedy-civil penalties. A citation shall carry a civil penalty to be determined with reference to the schedule contained herein-ins.-"'r 1 A X06 500 1.20.20. - Notice and order - authority. When the Lector 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 civil code violations cited in a eitotien notice of violation have not been corrected, or that the terms of a voluntary compliance agreement have not been met, the Director City is authorized to issue a notice and order to any person responsible for a code violation. The Director City shall make a determination whether or not to issue a notice and order within twenty (20) days of receiving a complaint alleging a violation or otherwise discovering that a violation may potentially exist, or with'n ten(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 chapter. Issuance of a citation notice of violation is not a condition precedent to the issuance of a notice and order. 1.20.21.-Notice and order-effect. A. A notice and order represents a determination that a violation has occurred, that the cited party is a person responsible for a code violation, and that the violations set out in the notice and order require the assessment of penalties and other remedies that may be specified in the notice and order. B. Upon a determination by the City that a violation has occurred pursuant to a notice and order, the Director City is authorized to impose civil penalties - ;--:• ' • - :•. •.•: SVZC 1.4A06.500 580. C. Any person identified in the notice and order as responsible for a code violation may appeal the notice and order within twenty (20) days • - : ..- - • -1-441106-600-630. D. Failure to appeal the notice and order within the applicable time limits shall render 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 code violation. E. Issuance of a notice and order in no way limits a Director's the City's authority to issue a citation notice of violation or stop work order to a person previously cited through the notice and order process pursuant to this chapter. 1.20.22.-Notice and order-contents. The notice and order shall contain the following information: A. The address, when available, or location of the violation; B. A legal description of the real property or the Spokane County tax parcel number where the violation occurred or is located, or a description identifying the property by commonly used locators; C. A statement that the Ditector-C_L has found the named person(s) to have committed a violation and a brief description of the violation(s) found; Ordinance Re Enforcement&Penalties Uniform Dev. Code Page 12 of 22 DRAFT D. A statement of the specific provisions of the ordinance, resolution, regulation, public rule, permit condition, notice and order provision or stop work order that was or is being violated; E. A statement that a civil penalty is being assessed, including the dollar amount of the civil penalties per separate violation, and that any assessed penalties must be paid within twenty (20) days of service of the notice and order; F. A statement advising that any costs of enforcement incurred by the City shall also be assessed against the person to whom the notice and order is directed; - G. A statement that payment of the civil penalties assessed under this chapter 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 chapter; H. A statement advising that the notice and order will be recorded against the property in the Spokane County Auditor's Office subsequent to service; 1. 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; J. A statement advising that, if any required work is not commenced or completed within the time specified by the notice and order, the Dimeter-City may proceed to seek a judicial abatement order from Spokane County Superior Court to abate the violation pursuant to SVZC 14.406.580. K. A statement advising that, if any assessed penalty, fee or cost is not paid on or before the due date, the reefer City may charge the unpaid amount as a lien against the property where the evil 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; L. 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 twenty(20)days of the date of service of the notice and order; M. 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; N. A statement advising that a failure to appeal the notice and order within the applicable time limits renders the notice and order a fmal determination that the conditions described in the notice and order existed and constituted a violation, and that the named party is liable as a person responsible for a violation; and O. A statement advising the person responsible for a code violation of his/her duty to notify the Director City of any actions taken to achieve compliance with the notice and order. P. A statement advising that a willful and knowing violation may be referred to the Office of the City Attorney for prosecution - Ordinance Re Enforcement&Penalties Uniform Dev.Code Page 13 of 22 DRAFT • 1.20.23.—Notice and order—recording. A. When a notice and order is served on a person responsible for a code violation, the Deter City shall file a copy of the same with the Spokane County Auditor's Office. B. When all violations specified in the notice and order have been corrected or abated to the satisfaction of the l -reetef City, the Director Cite shall file a certificate of compliance with the Spokane County Auditor's Office within five days of receiving evidence of abatement. The certificate shall include a legal description of the property where the violation occurred and shall state whether any unpaid civil penalties for which liens have been filed are still outstanding and, if so, shall continue as liens on the property. C. After all liens have been satisfied, the aifeeteff City shall file a notice of satisfaction of lien with the Spokane County Auditor's Office within five days of final payment to City. 1.20.24.—Notice and order—supplementation,revocation, modification. A. The Difeetor 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 chapter. B. The Direetef City may issue a supplemental notice and order, or revoke a notice and order issued under this chapter: 1. If the original notice and order was issued in error; 2. Whenever there is new information or change of circumstances; or 3. If a party to an order was incorrectly named. C. Such revocation or modification shall identify the reasons and underlying facts for modification or revocation,and shall be filed with the Spokane County Auditor's Office. 1.20.25. — Notice and order- administrative conference. An informal administrative conference may be conducted by the Director 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. 1.20.26.—Notice and order—remedies—suspension, revocation or limitation of permit. A. The l.ifeetef ciu may suspend, revoke or modify any permit issued by such Director the City whenever: • 1. The permit holder has committed a violation in the course of performing activities subject to that permit.; 2. The permit holder has interfered with the Director authorized representatives of the City in the performance of his or her duties related to that permit; 3. The permit was issued in error or on the basis of materially incorrect information supplied to the City; 4. Permit fees or costs were paid to the City by check and returned from a financial institution marked non-sufficient funds (NSF)or canceled; or 5. For a permit or approval that is subject to sensitive area review,the applicant has failed to disclose a change of circumstances on the development proposal site which materially affects an applicant's ability to meet the permit or approval conditions, or which makes inaccurate the sensitive area study that was the basis for establishing permit or approval conditions. Ordinance Re Enforcement&Penalties Uniform Dev.Code Page 14 of 22 DRAFT • B. Such suspension, revocation,or modification shall be carried out through the notice and order provisions of this chapter 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 chapter. C. Notwithstanding any other provision of this chapter, the Director City may immediately suspend operations under any permit by issuing a stop work order. • 1.20.27.—Notice and order—remedies—denial of permit. A. The City may deny a permit when, with regard to the site or project for which the permit is submitted: 1. Any person owning the property or submitting the development proposal has been found in violation of any ordinance, resolution, regulation or public rule of the City that regulates or protects the public health, safety and welfare, or the use and development of land and water;and/or 2. Any person owning the property or submitting the development proposal has been found in violation and remains in violation of the conditions of any permit, notice and order or stop work order issued pursuant to any such ordinance, resolution, regulation or public rule; and/or B. In order to further the remedial purposes of this chapter, 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. 1.20.28. — Notice and order — remedies — abatement. In addition, or as an alternative, to any other judicial or administrative remedy, the Dir'eetef City may use the notice and order provisions of this chapter 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 Direeter City determines reasonable under the circumstances. If the required corrective work is not commenced or completed within the time specified, the Difeeter City may seek a judicial abatement order pursuant to this chapter. 1.20.29.—Stop work order—authorized. The Dircctor City is authorized to issue a stop work order to a person responsible for a code violation. Issuance of a citation notice of violation or notice and order is not a condition precedent to the issuance of the stop work order. 1.2030.—Stop work order—effect. A. A stop work order represents a determination that a eivi:l code violation has occurred or is occurring, and that any work or activity that caused,is causing or contributing to the violation on the property where the violation has occurred, or is occurring, must cease. B. A stop work order requires the immediate cessation of the specified work or activity_on the named property. Work activity may not resume unless specifically authorized in writing by the 13ireeter Cam. C. A stop work order may be appealed according to the procedures prescribed in this chapter by SVZC 14.406.600 630. D. Failure to appeal the stop work order within twenty (20) clays renders the stop work order a final determination that the civil code violation occurred and that work was properly ordered to cease. Ordinance Re Enforcement&Penalties Uniform Dev. Code Page 15 of.22 DRAFT E. A stop work order may be enforced by the City Police. 1.20.31.—Stop work order—remedy—civil penalties. A. In addition to any other judicial or administrative remedy, the Poireetef City may assess civil penalties for the violation of any stop work order according to the civil penalty schedule established in Section 1.20.33 of this chapter SVZC 14.406.500. 13. Civil penalties for the violation of any stop work order shall begin to accrue on the first day the stop work order is violated, and shall cease accruing on the day the work is actually stopped. C. Violation of a stop work order shall be a separate violation from any other eivil—code violation. 1.20.32. — Stop work order — remedy — criminal penalties. In addition to any other judicial or administrative remedy, the Direeter 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. 1.20.33.—Civil penalties—assessment schedule. A. Civil penalties for eivil code violations shall be imposed for remedial purposes and shall be assessed for each violation identified in a citation notice of violation,notice and order or stop. work order,pursuant to the following schedule: 1.Citations Notice of Violation S250 2.Notice and orders and stop work orders a. basic initial penalty $500 b. additional initial penalties may be added where there is: 1.public health risk—amount depends on severity 50-2,500 2.environmental damage- amount depends on severity $0-2,500 3. damage to property-amount depends on severity 50-2,500 4. history of similar violations(less than three) 50-1,000 5. history of similar violations (three or more) $0-5,000 6. economic benefit to person responsible for violation 50-5,000 c. the above penalties may be offset by the following compliance 1. full compliance with a voluntary compliance agreement with $0-1,500 prior history of 0-1 similar violations 2. full compliance with a voluntary compliance agreement and a 50-250 history of two or more prior similar violations • B. The total initial penalties assessed for notice and orders and stop work orders pursuant to this chapter shall apply for the first thirty day period following issuance of the order, unless another time period is specified in a voluntary compliance agreement. If a voluntary compliance agreement is not entered into within that time period, and no appeal is filed, the penalties for the next fifteen day period shall be one hundred fifty percent (150%) of the initial penalties, and the penalties for the next fifteen day period shall be two hundred percent (200%) the amount of the initial penalties. The intent of this subsection is to increase penalties beyond the maximum penalties stated in SVZC 14.406.500(A) as an additional means to achieve timely compliance. Ordinance Re Enforcement&Penalties Uniform Dev.Code Page 16 of 22 DRAFT C. Citations Notice of violation shall be subject to a one-time penalty per violation. The Director City retains authority to issue a subsequent notice and order or stop work order for continued non-compliance. In that event, additional penalties shall be imposed. D. Civil penalties shall be paid within twenty (20) days of service of the citation notice of violation, notice and order or stop work order if not appealed. Payment of the civil penalties assessed under this chapter does not relieve a person found to be responsible for a code violation of his or her duty to correct the violation and/or to pay any and all civil-penalties or other cost assessments issued pursuant to this article. E. The Director City may suspend civil penalties lam-•:.: . t .-!t - if the person responsible for a code violation has entered into a voluntary compliance ageement. 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, or if corrective action identified in the voluntary compliance agreement is not completed as specified. F. Civil penalties assessed create a joint and several personal obligation in all persons responsible for a code violation. G. In addition to, or in lieu of, any other state or local provision for the recovery of civil penalties, the City may file for record with the Spokane County Auditor to claim a lien against the real property for the civil penalties assessed under this chapter if the violation was reasonably related to the real property. Any such lien can be filed under this chapter if after the expiration of thirty(30)days from when a person responsible for a code violation receives • the eitation notice of violation, notice and order or stop work order (excluding any appeal) any civil penalties remain unpaid in whole or in part. 1.20.34. - Civil penalties — duty to comply. Persons responsible for a code violation have a duty to notify the Director 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. 1.20.35. - Civil penalties — community service. The Director City is authorized to allow a person responsible for a code violation who accumulates civil penalties as a result of a eitatien notice of violation, notice and order,or for failure to comply with the terms of a voluntary compliance agreement, to voluntarily participate in community service projects in lieu of paying all or a portion of the assessed civil penalties. Community service may include, but is not limited to, abatement, restoration or education programs designed to clean up the City. The amount of community service will reasonably relate to the comparable value of penalties assessed against the violator. The rate at which civil penalties are worked off under this subsection is $10.00 per hour. The Director 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. 1.20.36.-Civil penalties—waivers. A. Civil penalties may be waived or reimbursed to the payor by the Director City under the following circumstances: 1. The eitation notice of violation, notice and order or stop work order was issued in error, or 2. The civil penalties were assessed in error; or Ordinance Re Enforcement&Penalties Uniform Dev.Code Page 17 of 22 DRAFT 3. Notice failed to reach the property owner due to unusual circumstances; or 4. New, material information warranting waiver has been presented to the City since the citation notice of violation,notice and order or stop work order was issued. B. The Director 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. 1.20.37.-Civil penalties—critical areas. A. The eede compliance provisions for critical areas are intended to protect critical areas and the general public from harm, to meet the requirements of RCW 36.70A (the Growth Management Act), and to further the remedial purposes of this chapter. 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, recreation, and economic values lost or damaged due to their unlawful action. B. The provisions of SVZC 14.406.550 this section are in addition to, and not in lieu of, any other penalty,sanction or right of action provided by law for other related violations. C. Where feasible, the owner of the land on which the violation occurred shall be named as a party to the notice and order. In addition to any other persons who may be liable for a violation, and subject to the exceptions provided in SVZC 14.406.090 in this chapter, the owner shall be jointly and severally liable for the restoration of a site and payment of any civil penalties imposed. D. , ., .. -,, _ _ d -t, violation of critical area provisions of this code means: 1. The violation of any provision of City Ordinance No. 49 (Interim Critical Areas Ordinance)or of the administrative rules promulgated thereunder. Ordinance number 49 adopted Spokane County Code, chapter 11.20, as its interim critical areas regulations; 2. The failure to obtain a permit required for work in a critical area;or 3. The failure to comply with the conditions of any permit, approval, terms and conditions of any sensitive area tract or setback area, easement, covenant, plat restriction or binding assurance, or any notice and order, stop work order, mitigation plan, contract or agreement issued or concluded pursuant to the above-mentioned provisions. E. Any person in violation of the critical areas ordinance may be subject to civil penalties, costs and fees as follows: 1. According to the civil penalty schedule under , Section 1.20.33 of this chapter. provided that the exact amount of the penalty per violation shall be determined by the 14ifeeter City based on the physical extent and severity of the violation; or 2. The greater of: a. an amount determined to be equivalent to the economic benefit that the person responsible for a code violation derives from the violation, measured as the total of: 1) the resulting increase in market value of the property; 2) the value received by the person responsible for a violation; Ordinance Re Enforcement&Penalties Uniform Dev. Code Page 18 of 22 DRAFT 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 the critical area ordinance; or b. Code compliance costs (such amount not to exceed $25,000.00) incurred by the City to enforce City Ordinance number 49 (interim Critical Areas Ordinance) as adopted or hereafter amended or replaced with permanent Critical Areas ordinances or ret_uiations against the person responsible for a code violation. 1.20.38.- Cost recovery. A. In addition to the other remedies available under this chapter, upon issuance of a notice and order or stop work order the Director City shall charge the costs of pursuing code compliance and abatement incurred to correct a code violation to the person responsible for a code violation. These charges include: 1. Reasonable legal fees and costs. For purposes of SVZC 14.406, "reasonable legal fees and costs" shall include, but is not limited to legal personnel costs, both direct and indirect, incurred to enforce the provisions of this chapter; and 2. Administrative personnel costs. For purposes of SVZC 14.406, "administrative personnel costs" shall include, but are not limited to administrative employee costs, both direct and indirect, incurred to enforce the provisions of this chapter; and 3. Abatement costs. The Director City shall keep an itemized account of costs incurred by the City in the abatement of a violation under this chapter. Upon completion of any abatement work, the Difeeter City shall prepare a report specifying a legal description of the real property where the abatement work occurred, the work done for each property, the itemized costs of the work, and interest accrued; and 4. Actual expenses and costs of the City in preparing notices, specifications and contracts; in accomplishing or contracting and inspecting the work; and the costs of any required printing,mailing or court filing fees. B. Such costs are due and payable thirty(30)days from mailing of the invoice. C. All costs assessed by the City in pursuing code compliance and/or abatement create a joint and several personal obligation in all persons responsible for a violation. The Office of the City Attorney, on behalf of the City, may collect the costs of code compliance efforts by any appropriate legal means. D. In addition to, or in lieu of, any other state or local provision for the recovery of costs, the City may, after abating a violation pursuant to this article, file for record with the Spokane County Auditor to claim a lien against the real property for the assessed costs identified in this chapter if the violation was reasonably related to the real property,in accordance with the provision regarding mechanic's liens in RCW 60.04, and said lien shall be foreclosed in the same manner as such liens. E. Any lien filed shall be subordinate to all previously existing special assessment liens imposed on the same property and shall be superior to all other liens, except for state and county taxes, with which it shall share priority. The City of Spokane Valley may cause a claim for lien to be filed for record within ninety(90) days from the later of the date that the monetary penalty is due or the date the work is completed or the nuisance abated. The claim of lien shall contain sufficient information regarding the notice of violation, 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. Ordinance Re Enforcement& Penalties Uniform Dev.Code Page 19 of 22 DRAFT 1.20.39. — Collection of civil penalties, fees and costs. The Director City may use the services of a collection agency in order to collect any civil penalties, fees, costs and/or interest owing under this chapter. 1.20.40.-Abatement. A. Emergency Abatement: Whenever a condition constitutes an immediate threat to the public health,safety or welfare or to the environment, the City may summarily and without prior notice abate the condition. Notice of such abatement, including the reason for it, shall be given to the person responsible for the violation as soon as reasonably possible after the abatement B. Judicial Abatement: The City may seek a judicial abatement order from Spokane County Superior Court, to abate a condition which continues to be a violation of this code where other methods of remedial action have failed to produce compliance. C. The City shall seek to recover the costs of abatement as authorized by this article. 1.20.41. - Code compliance abatement fund—authorized. A. 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. B. Funds needed to abate a violation by the City shall be obtained from the abatement fund. 1.20.42.-Administrative appeals—standing-filing requirements. A. Any person issued a citation notice of violation or named in a notice and order or ( stop work order, and any owner of the land where the violation for which a eiteti•en, notice of violation,notice and order or stop work order is issued occurred,may file a notice of appeal of the following: 1. eitatien notice of violation; 2. notice and order; 3. stop work order; 4. B. A complainant who requests to be kept advised • = "=.e may appeal a determination of compliance by the Difeetof City. C. A person that does not meet the requirements of (A) or(B) above does not have standing to appeal under this chapter. D. Any person filing an appeal under this chapter who was issued a citation notice of violation or order, or is the owner of the land where the violation occurred, shall do so by obtaining the appeal form from the l ifeeter=City and filing the completed appeal form wit the Direr within twenty (20) days of service of the chat-ien notice of violation,notice and order or stop work order. A complainant who appeals the determination of compliance by the Director City must file any such appeal within twenty(20)days of service of the determination of compliance. E. Any administrative appeal considered under this chapter will be determined by the Hearing Examiner pursuant to Spokane Valley Ordinance 57, unless in conflict with specific provisions of this chapter, in which case the specific provisions of this chapter shall control. F. Ordinance Re Enforcement&Penalties Uniform Dev.Code Page 20 of 22 DRAFT 1.20.43. —Administrative appeal— notice of hearing. Upon receipt of a notice of appeal, the City shall provide a hearing notice stating the time, location and date of the hearing on the issues identified on the notice of violation, notice and order or stop work order. The City shall mail this notice by certified mail, five-day return receipt requested, to the person(s) responsible for a violation. 1.20.44.- Administrative appeal—procedures. A. The appeal hearing shall be conducted as provided for in Spokane Valley Ordinance 57 as adopted or hereafter amended. B. Enforcement of any notice and order of the Director City issued pursuant to this article shall be stayed during the pendency of any administrative appeal except when the Director City determines that the violation poses a significant threat of immediate and/or irreparable harm and so states in any notice and order issued. C. Enforcement of any stop work order issued pursuant to this chapter shall not be stayed during the pendency of any administrative appeal under this title chanter. D. When multiple citations notices of violation,notices and order or stop work orders have been issued, simultaneously for any set of facts constituting a violation, only one appeal of all the enforcement actions shall be allowed. 1.20.45.—Administrative appeal—final order. A. Following review of the evidence, the Hearing Examiner shall issue a written order containing findings and conclusions, and shall affirm or modify the citation notice of violation, notice and order or stop work order previously issued if the Hearing Examiner Ends that a violation has occurred. The Hearing Examiner shall uphold the appeal and reverse the citation or order if the examiner finds that no violation occurred. B. if an owner of property where the violation has occurred has affirmatively demonstrated that the violation was caused by another person or entity not the agent of the property owner and without the owner's knowledge or consent, such property owner shall be responsible only for abatement of the violation. Strict compliance with permit requirements may be waived regarding the performance of such abatement in order to avoid doing substantial injustice to a non-culpable property owner. C. The Hearing Examiner's final order shall be final and conclusive unless proceedings for review of the decision are properly commenced in Spokane County Superior Court within the time period specified by applicable state law. D. A final order by the Hearing Examiner affirming, revoking or modifying a citation notice of violation, notice and order or stop work order is a final decision. 1.20.46.-Judicial enforcement—petition for enforcement. A. In addition to any other judicial or administrative remedy, the Office of the City Attorney, on behalf of the City, may seek enforcement of the Direetar's-City's order by filing a petition for enforcement in Spokane County Superior Court. B. The petition must name as respondent each person against whom the Director City seeks to obtain civil enforcement. Ordinance Re Enforcement&Penalties Uniform Dev. Code Page 21 of 22 DRAFT C. A petition for civil enforcement may request monetary relief, declaratory relief, temporary or permanent injunctive relief, and any other civil remedy provided by law, or any combination of the foregoing. � J Ordinance Re Enforcement&Penalties Uniform Oev.Code Page 22 of 22 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: 2/12/04 City Manager Sign Off Item: Check all that apply: ❑consent ❑ aid business ® new business ❑public hearing ❑information ®admin.report 0 pending legislation AGENDA ITEM TITLE: Administrative Report relating to 12 February 2004 Planning Commission Public Hearing concerning Ordinance to amend Spokane Valley Ordinance #40 and Spokane Valley Ordinance #41 GOVERNING LEGISLATION: SHB 1734 RCW 19.27 State Building Code WAC 51-50-007 Exceptions PREVIOUS COUNCIL ACTION TAKEN: Spokane Valley.Ordinance #40 Spokane Valley Ordinance #41 BACKGROUND: f When the City of Spokane Valley established the Building Code and the Fire Code in Ordinances #40 and #41, the ordinances mandated fire sprinklers in all buildings containing over 8000 sq ft of floor area. This area requirement disregarded basements, fire compartmentalization, types of construction or building usage. It also mandated retrofitting sprinklers in any building that had an addition put on that would make it 8000 sq ft in floor area or more. This portion of the code is not supported by current national and state of Washington codes or the 2003 International Building Code, the code mandated by the state of Washington for implementation on 1 July 2004. Although automatic fire sprinklers work to control or suppress fires, implementation of an overzealous approach to any code requirement defeats the ideas of uniformity and minimum requirements. The proposed Spokane Valley Building Code does not echo the 8000 sq ft threshold requirement. That proposed code only supports the minimum requirements found in the International Codes. The International Code fire sprinkler requirements are founded on principles of fire science and are promoted uniformly across the country. This change will allow designers or contractors the ability to use the proposed Spokane Valley Building Code ordinance as an alternative to the current Spokane Valley Building Code for design or construction until 1 July 2004. This option is an educational tool that will not only help our designers and contractors understand the 2003 International Codes, but having this flexibility will allow our inspection and plan review team to more slowly adjust to the new ideas expressed in the new code. The proposed ordinance will allow contractors and designers the option of using which ever code may benefit them greatest while promoting safe development and growth in our built environment. The Public Hearing was held on 12 February 2004 Planning Commission Meeting. The Planning Commission concluded the hearing and recommended the ordinance to Council for consideration. OPTIONS: Recommend or not recommend the ordinance for First Reading. RECOMMENDED ACTION OR MOTION: Approval. BUDGET/FINANCIAL IMPACTS: May reduce the cost of construction for the private sector. No anticipated financial impact for the City is anticipated. STAFF CONTACT: Spokane Valley Building Official Scholtens Attachment: Proposed Ordinance ORDINANCE NO. 04- •� AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, WASHINGTON, AMENDING THE CITY OF SPOKANE VALLEY ORDINANCE #40, SECTION 5 AND ORDINANCE #41, SECTION 9, BY REPEALING THE AUTOMATIC FIRE SPRINKLER PROVISIONS STATED WITHIN THOSE SECTIONS AND SUBSTITUTING THE AUTOMATIC FIRE SPRINKLER PROVISIONS FOUND WITHIN THE 2003 IN\TTERNATIONAL BUILDING CODE, SECTION 903. WHEREAS, Washington statutes require all jurisdictions in the state to adopt by reference and enforce the same building code throughout Washington; and WHEREAS, Washington established the 2003 International Codes, promulgated by the International Code Council (ICC), as the basis of the new State Building Code pursuant to SI-lB 1734 and RCW 19.27. The exceptions to the International Codes are the 2003 Uniform Plumbing Code published by the International Association of Plumbing and Mechanical Officials and the National Electrical Code, published by the National Fire Protection Association. WHEREAS, The City of Spokane Valley through Ordinance #40, Section 5 and Ordinance #41 Section 9 changed the Washington State Building Code requirements by mandating automatic fire sprinklers in all buildings over 8000 sq ft in floor area. WHEREAS,the Washington State Building Code will adopt by reference the 2003 C International Building Code by July 1, 2004. NOW, THEREFORE, the City Council of the City of Spokane Valley, Washington, do ordains as follows: Section 1. Amend City of Spokane galley Ordinance#40, Section 5 as follows: "Section 5. Section 904.2.2 all occupancies except Group R Division 3, and Group U Occupancies. Section 904.2.2 of the Uniform Building Code is amended as follows: 901.2.2 All o._ : 4._1r...,:,_.-- 1.,; , . . - - - - ee.. .. •- , - • r - 5. Throughetn-all : ' : a : - _ • er-tnefe-it-heieit except Group R, Division 3. For the purpose of this-seeiiore h; . . ,. - . - - • _ - that is occupied for any reason. exceeds 8,000-square feet. for -- parteses of this section, portions of buildings separed by one or more area-separation walls will not be considece€l-e-sepaFte bell _ - _ a • - :. : ..• _'- * . - . - :' .. - , : - f emoting-building an4 the aci io- .. - _ ,,••• _.. _ -eta 7. Throughout every condominium, apartment bete, hotel er motel three-ster-ies --'b . .. ! - - ' . • t :ems-at d-e.ver-y• oengregate-residence-t�JVe-o-mor- . •- • - _ - :9 -1$-er-t e-c; • o. .. - - . . -- •; ' :- • c copied for any . -': - . : :. . . . .s. -d-by-one-or more sepaFe . --. : _ '-esidential or quick• _ • . _ s shall be tired-i -t . - - _ b.- .. .. . the-buildi S—Peleted4 1. All automatic Fire Sprinkler Systems shall be installed in full compliance with the 2003 Edition of the International Building Code." Section 2. Amend City of Spokane Valley Ordinance#41, Section 9 to read as follows: "Section 9. Uniform Fire Code - Section 1003.2.2 - Automatic Sprinklers Required. Section 1003.2.2 of the Uniform Fire Code is amended as follows: Seetaex-1.99 .2 2 11 Oeexp. _ - _ e . . t'-s. Except for 5. Threughout l-bu ldings three or more stories in height except GroupR, �►' - - - ' - - building that is occupied for any reason. ilding:r including R, Division 3, where the-total floor area, including basements, exceed 8,008-square eet. For the purpose this section, portions of buildings separated ,atien•walis-will-net-be-oensidered a s-... . - -.• - -a -•-• , •b . . _ . ee pl itl�-thi -s - - --- , . •-_ :uildln� doer-are:, _ ._ . . .-. . - • ,, . - • - - •_ - addition-con ed-exeee :,e!! . ... -- . :. • , e ivision 3, eeetinaneute - •- _.* .•• -, - :,!;21€1-square -- nrinkler syster 1. All automatic Fire Sprinkler Systems shall be installed in full compliance with the 2003 Edition of the International Building Code." Section 3. Severability. If any section, sentence, clause or phrase of this ordinance shall be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, `._ clause or phrase of this ordinance. Section 4. Effective date. This ordinance shall be in full force and effect five (5) days after publication of this ordinance or a summary thereof in the official newspaper of the City as provided by law. Approved by the City Council this day of ,2004. Michael DeVleming,Mayor ATTEST: Christine Bainbridge,City Clerk Approved as to form: Cary P.Driskell, Deputy City Attorney Date of publication: Effective date:, • • CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: 02-24-04 City Manager Sign-off: Item: Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing x information ❑ admin. report ❑ pending legislation AGENDA ITEM TITLE : Senior Citizen Bus GOVERNING LEGISLATION: PREVIOUS COUNCIL ACTION TAKEN: Council was briefed at the February 17 Council meeting concerning the Spokane Valley Senior Citizen Association's bus. Parks & Recreation Director Mike Jackson will give a brief status report of that issue. BACKGROUND: OPTIONS: RECOMMENDED ACTION OR MOTION: BUDGET/FINANCIAL IMPACTS: None STAFF CONTACT: Mike Jackson ATTACHMENTS !"1 Spokane Valley Planning Commission Approved Minutes Council Chambers—City Hall 11707 E. Sprague Ave. January 22, 2004 1. CALL TO ORDER Bill Gothmann, Planning Commission Chair, called the meeting to order at 6:33 p.m. ll. PLEDGE OF ALLEGIANCE The Commission, audience, and staff recited the Pledge of Allegiance. I l_1. ROL.. CALL Fred Beaulac—Present Bill Gothmann—Present Bob Blum—Present Ian Robertson—Present David Crosby—Present John G. Carroll—Excused Absence Gail Kogle—Present IV. APPROVAL OF AGENDA Commissioner Robertson moved that the agenda be approved as presented. Commissioner.Blum seconded the motion. Motion passed unanimously. V. APPROVAL OF MINUTES It was moved by Commissioner Beaulac and seconded by Commissioner Kogle that the minutes of the January 8, 2004.Planning Commission meeting be approved as presented Motion passed unanimously. VI. PUBLIC COMMENT There was no public comment. VII. COMMISSION REPORTS Commissioner Beaulac reported on the Transportation-Oriented Development. Committee meeting on January 2lst. Crandall Arambula, PC, passed out its proposal for the Spokane Regional Light Rail Project, which included an excellent development plan for a Spokane Valley City Center at the former site of University City. A copy of the proposal was given to all Commissioners. Commissioner Gothmann just returned from a visit to Arizona, and he reported on the City Centers in Scottsdale and Mesa. He was impressed with Mesa's integrated design. VIII. ADMINISTRATIVE REPORT The Joint Planning Commissioners meeting is scheduled for January 28th from 11:30 a.m. to 1:30 p.m. at the Downtown Library, Meeting Room 1B. Director i Sukup asked Commissioners to let staff know if they planned to attend this meeting so a Notice of Public Meeting can be posted 24 hours in advance. Kevin Snyder, Current Planning Manager,presented the Commission an informational overview of the Street Vacation Ordinance, which was approved by City Council on January 20t. Street Vacation is a request to remove a portion of street from public ownership and place it into private ownership. The City began working on this issue last summer. The new ordinance will take effect five days after publication. The Commission was briefed on the background of the Street Vacation Ordinance. Since Street Vacations are a land use issue, the Planning Commission will hold hearings and forward recommendations to the City Council for adoption. Street Vacation requests will likely be a frequent item of business on Planning Commission agendas in the near future. A. COMMISSION BUSINESS A. OLD BUSINESS: Continuation of Flood plain Ordinance Public Hearing Conclusion Chairman Gothmann called the continuation of Planning Commission deliberation to order at 6:45 p.m. Public Testimony was concluded on January 8`h. Director Sukup explained to Commissioner Blum that she had responded to Mr. Frost's concerns with a letter,copies of which were sent to the Planning Commission. She recommended that two words be added to the document that the Commission discussed at the last meeting. • Commissioner Gothmann gave the Planning Commission a brief overview of a professional engineer's obligations with regard to the certification. process and standards of practice. Commissioner Blum asked if citizens will be allowed to go to staff instead of the Hearing Examiner with FEMA map errors. Director Sukup explained that FEMA map errors are normally handled by the Floodplain Administrator, and they go to the Hearing Examiner only if the Floodplain Administrator's decisions are appealed. Commissioner Blum requested a change in language to make this matter clearer. Director Sukup suggested the following amendment to Section 5.04.04.5 Interpretation of Firm Boundaries (last sentence): • "The person contesting the interpretation of the Floodplain Administrator in relation to the location of the boundary shall be given a reasonable opportunity to appeal s=provided pursuant to the procedures outlined in Section 5.05." • 2 • I J Commissioner Robertson moved that the Planning Commission amend the last sentence in Section 5.04.04.5—Interpretation of Firn: Boundaries, as per Director Sukup's suggestion. Commissioner Kogle seconded the motion. Motion passed unanimously. It was moved by Commissioner Robertson and seconded by Commissioner Beaulac that the Planning Commission recommend the Floodplain Draft Ordinance, as amended, to the City Council. Motion passed unanimously. Commissioner Beaulac commended Director Sukup for her excellent work in addressing Mr. Frost's concerns. B. NEW BUSINESS: Public Hearing—Sign Code Revision Commissioner Gothmann called the Public Hearing for a Proposed Amendment to Chapter 14.804—Signage Standards—Interim Spokane Valley Zoning Code to order at 7:07 p.m. Scott Kuhta, Associate Planner,presented a staff analysis and recommendation to the Planning Commission. The applicant, Valley Hospital and Medical Center, requested code changes that would provide greater flexibility in the UR-22 Zone for hospitals. These changes included the size of both wall signs and freestanding signs. In keeping with Comprehensive Plan requirements, staff recommended the following changes to the UR-22 Signage Standards: • The city not separate hospitals out from other public use businesses in the UR-22 Zone. • Maximum wall signage would be increased up to 250 square feet. • No changes will be made to the freestanding sign standards. The Hearing was open to applicant testimony at 7:17 p.m. Doug Heyamoto, 1203 W. Riverside.Northwest Architectural Company Spokane,WA: Mr. Heyamoto gave a brief PowerPoint presentation to the Planning Commission showing them what type of new wall signage is being proposed for the Valley Hospital and Medical Center. Providing larger wall signage will enable people unfamiliar with the Spokane Valley to find the Hospital more easily in an emergency situation. The applicant has read the staff recommendation and is in favor of other public use businesses benefiting from the amended UR-22 sign code. The applicant is also in favor of not changing the freestanding sign size at this time. 3 Chairman Gothmann opened the Hearing to Public Testimony at 7:30 p.m. David Tanner, 429 E. Sprague,L & L Architectural Sian, Spokane, WA: Mr. Tanner spoke in favor of the Sign Code Text Amendment. Dave Martin, Valley Hospital and Medical Center,Spokane Valley, WA: Mr. Martin spoke in favor of the Sign Code Text Amendment. He serves as the Director of Support Services and Risk Management at Valley Hospital and Medical Center (VI-CMC). He noted the Medical Center will conclude construction this Spring with new signage as the last portion of its remodeling project. He believes that enhanced signage would add to the public safety of Valley citizens. VHIMC supports the City Staff Analysis and Recommendation. Commissioner Gothmann also placed a handwritten letter from Jan Hannink, 1321 S. Wilbur Road, Spokane Valley, WA into the public record supporting the proposed revisions for wall signs. She does not favor changing the code to enlarge freestanding signs. • The Public Testimony portion of this Public Hearing was closed at 7:33 p.m. Commissioner Gothmann stated that since the area surrounding the Medical Center is becoming an extended medical community, the Planning Commission may want to encourage a rezoning of that area to reflect its unique function. Commissioner Robertson moved that the Planning Commission recommend Staff Recommendations for amendment to Chapter 14.804— Signage Standards—Interim Spokane Valley Zoning Code to City Council. The motion was seconded by Commissioner Blum. Motion passed unanimously. The Planning Commission took a five-minute break. Public Hearing —International Building Codes Commissioner Gothmann called the Public Hearing on the International Building Codes to order at 7:42 p.m. Tom Scholtens, Building Official, gave an overview of the proposal to adopt Establish Article III of the Spokane Valley Uniform Development Code adopting the International Building Codes and certain appendices. Mr. Scholtens recommended that the ordinance be made effective on the July Iv statutory deadline. This will allow both builders and City Staff to 4 become familiar with the new requirements. Mr. Scholtens also proposes to amend the existing code relating to sprinkler systems as an interim measure. Commissioner l3eaulac asked Mr. Scholtens to describe a "blighted structure". Mr. Scholtens responded that these are "junk buildings", similar to junk autos. The new Building Code brings the City Council into the solution of this problem. Chairman Gothmann opened the Hearing to Public Testimony at 8:02 p.m. Edwin "Larry" Andrews H, 1503 E. Wabash, Spokane, WA Mr. Andrews asked to speak against adoption of the International Building Code as the new Spokane Valley Building Code. Mr. Andrews provided the Planning Commission with a 22-page document detailing the objections of a number of Washington State companies, contractors, unions and associations opposing adoption of the IBC. Mr. Andrews spoke to the following issues: 1. Only code officials will have the right to vote on any changes. 2. The International Mechanical Code has no propane code and no oil code. Mr. Andrews does not feel the National Electrical Code to be as safe at the Uniform Code, and he finds the UL requirements restrictive. 3 Statewide Contractors did not succeed with their fight against Washington State's adoption of the International Building Code because they could not afford to fight the powerful lobby in favor of HB 1 734. 4 The cost to his company for changing over to the International Building Code standards will be over$5,000 for retraining and purchase of books. There will also be a significant cost to contractors for new materials. 5 Sheetrock standards are reduced in the International Building Code. 6 The existing code prevents storage of"heavier than air" gases in basement areas. He believes the new code does not address this issue satisfactorily. 7 Mr. Andrews is not in favor of the City putting unnecessary commercial restrictions on commercial businesses. 5 Commissioner Kogle asked Mr. Andrews why coffee roasters use unlisted equipment. Mr. Andrews responded that many coffee roasters purchase their equipment overseas for around $60,000. They are unique pieces of equipment and typically remain unlisted. To have them listed would cost the coffee roasters up to $500,000. The Public Testimony portion of this Public Hearing was closed at 8:22 p.m. Commissioner Blum asked Mr. Scholtens if there was an alternative to adoption of the Building Codes. Mr. Scholtens responded that the Washington State Legislature has required the International Codes and that Mr. Andrews' objections had been raised during public testimony last year in Olympia before passage of.LIB 1734. Commissioner Gothmann asked if the community had been given an opportunity to be involved in the development of the proposed Building Code. Mr. Scholtens responded that the proposed code is mandated by the state and there is little room for discussion. The Spokane Homebuilders Association, 5813 E. 4th Avenue, Suite 201,Spokane Valley.WA submitted a letter with the following recommendations (attached): • Adoption of the International Code effective July 1, 2004. • Allow contractors to operate under the current code until July 1, 2004 or allow them the option of operating under the International Codes. Following discussion,the Public Hearing was closed at 8:34 p.m. It was moved by Commissioner Blum that the Planning Committee delay a vote on the adoption of the International Building Code until the next meeting. Commissioner Crosby seconded the motion. Motion passed unanimously. Director Sukup noted that proposed amendments will include an amendment to the existing ordinance revising sprinkler requirements between now and July 1, 2004. X. FOR THE GOOD OF THE ORDER Mr. McCormick reminded Commissioners to let staff know if they plan to attend the Joint Planning Commissioners meeting next week. He will be emailing them a lunch menu. 6 XI. AUJQURNMENT There being no further business, the meeting was adjourned at 8:45 p.m. SUBMI TIID: APPROVED: Debi Alley, Administrative Assistant William ft Gothmann; Chairman 7 • Spokane County Library District CSpokane Valley Library Services and District Support Report to the Spokane Valley City Council January 2004 Note: This report was excerpted from the January 2004 report to the Spokane County Library District Board of Trustees with added information related to Spokane Valley. Except where otherwise indicated, information relates to the District as a whole. LIBRARY SERVICES Customer use measures One month does not a trend make, and it often reflects circumstances unique to that period of time, such as weather. That said, there are some anomalies in the January use statistics as compared to January 2003. Circulation of materials is down by 1.5% and door count by 8%, but reference is down by 29%. Program attendance and Internet bookings are both up by 11% and 13%respectively. One factor affecting Otis Orchards use is the open hours reduction that was effective January 1. The branch is now closed on Friday, although it's open an hour earlier on two other days, for a net reduction of 3 hours per week. Another factor that affects Otis, and to a much lesser extent �`1 Valley, is that with Liberty Lake's termination of its service contract, most Liberty Lake _J residents are no longer using those branches. At Valley, the self checkout stations are catching on with customers. About 30% of January's circulation took place on those two computers. With staff scheduled to help customers learn how to do their own checkouts, more were willing to try it. The planned implementation of self pickup for items placed on hold will provide another group of customers—those who are • currently going to the desk to pick up materials being held for them—with the opportunity to handle their own checkout. Selected January 2004 Statistics Circulation Door count Reference Program Internet Inquiries Attendance Bookings YTD YTD to YTD YTD to YTD YTD to YTD YTD to YTD YTD to 2004 2003 2004 2003 2004 2003 2004 2003 2004 2003 Total 159,568 - 1.5% 70,847 -6.1% 19,810 -27.8% 3,296 + 11.5% 15,1 1 1 + 13% SCLD Valley 47,544 5.0% 20,855 -6.0% 6,553 -20.6% 566 +32.9% 5,116 +8% Argonne 10,870 -3.0% 5,891 -22.8% 1,054 -40.7% 129 -7.19% 1,099 + 12% Otis 8,693 - 16.0% 3,367 -25.7%, 641 - 50.6% 121 -35.6% 724 - 8% Subtotal 67,107 -6.3% 30,113 - 12.4% 8,248 -27.2% 816 + 8.4% 6,939 +6.5% %SCLD 42.1% --- 42.5% -- 41.6% --- 24.8% --- I 45.9% --- Library Card Registrations • Library card registration numbers are usually at their highest point each December. In January we normally purge database records of cards that haven't been used within the past three years, the usual practice for public libraries. This year's purge was delayed due to some software issues that should be resolved during February, so February totals should be lower than this month's. January Registered Customers by Branch of Registration. Total %Adult %Youth Total 108,922 71% 29% SCLD Valley 37,554 75% 25% Argonne 10,131 74% 26% Otis 6,339 64% 36% Subtotal 54,024 N/A N/A SCLD 1 49.6% ---At branches serving Spokane Valley residents... Region II, region wide: Coming off the lull of December, January usually feels even busier than it is. As well as assisting customers, a great deal was done on collection development, reallocation of staff to cover expected and non-expected absences, and the implementation of • several new Strategic Plan activities. With the Adult Services Supervisor's resignation, everyone pitched in and developed a plan for providing coverage until the position is filled. The weeding of the adult non-fiction was completed and the process of requesting replacements was in full swing. Magazine subscription review was done in January with many new titles to be added to the branches, consistent with the role of magazines as part of a browsing collection. Storytimes were a big hit in January. For example, 52 attended one Valley Toddler storytime and there were 55 at Moran Prairie, quite a squeeze in that small space. Argonne:The picture book and children's nonfiction were interfiled, with weeding done in the process. Weeding was also done in audio-visual, biographies and board books. The quilt presentation was in the display case all month. Books having a "cool" theme were featured on the display rack, with winter decorations. Artwork from Centennial Middle School, including self-portraits and intricate line drawings, were displayed in the frame in the children's area. Otis Orchards: The branch is now closed on Friday but open an hour earlier on Tuesday and Wednesday. With the hours reduction, January circulation was 2,242 less than last year, but circulation per day was slightly higher. Refrigerator magnets, purchased by our Friends group, finally arrived. Male customers usually won't touch them; it appears to be a female thing. The Friends agreed to pay for commissioned artwork to be hung in the children's area, with the "100 Years of Flight." The artwork will be swapped with Moran Prairie's new piece sometime in the future. Outreach: The winter newsletter was mailed out at the beginning of the month, the largest to date with 280 titles. Annotation began on the Spring issue. A final visit was made to Page 2 of 6 Opportunity Nursery School which, with only 4-5 children the last few months, is below our minimum. Our customer quote is from a longtime user who passed away on the 30th, "If you \,„." haven't got a book, you haven't got anything." Valley: Self checkout stations accounted for about 30% of the month's circulation. Significant changes were made in the workflow because of this impact and the need to assign a staff member there on a regular basis. Some shipping functions are now incorporated into the upstairs workflow, with mailing and distribution still done in the shipping area. Staff met with an architect and interior designer to discuss plans to brighten up Valley's children's area and to make the enhancements specified in accepting the $5,000 gift. Gifts We received the first $2,500 installment of the anticipated $5,000 gift for a special grandparents and grandchildren area at Valley. This is something that came up last fall with the daughter of a woman who's used our libraries for a long time. COLLECTION SERVICES • Library materials • 7,605 items were sent to branches in December, eclipsing 2003's highest month. • New library materials rotation circles were drafted to meet several objectives: making sure materials are counted for branches where they're intended to be housed; getting more exposure for materials when four or fewer copies are purchased; and sharing some of the r) materials between branches whose populations and customers' interests match more closely. • A"cozy mystery" standing order was placed for Outreach. Cozy mysteries are those without sex, violence, or bad language. Youth services Youth services coordinator Thom Barthelmess attended the American Library Association Midwinter Meeting in San Diego where he chaired meetings of the ALA%ALSC Notable Recordings for Children. He also met with the 2005 Newbery Chair (missing the Newbery meeting because of a conflict) and turned down an offer to serve on the Booklist Advisory Board (at least during his Newbery stint). Regional youth services supervisors Mary Ellen Braks and Sue Peterson filled in for Thom to keep up on ordering during his subsequent three week vacation. Miscellaneous Collection services manager Lyn Dedas presented a workshop titled, "How to Say No Graciously and Firmly" at the quarterly Information Services meeting and assisted with plans for taking care of Region II adult services supervisor responsibilities while the position is vacant. ADMINISTRATION Moran Prairie Library Capital Facility Area We received a $3,209.05 billing for the Moran Prairie LCFA election. This is a little less than I ! had expected. We'll be reimbursed for this expense (along with other expenses incurred) from bond sale proceeds later this year. Page 3 of 6 • The legal notice announcing the architect proposal RFP process was published in the Spokesman-Review on the weekend of January 24-25. A notice to that effect was also mailed to firms listed in the Yellow Pages. Six firms were represented at a January 30 meeting to answer questions about the project and the UP. Proposals are due February 17, with selection approval scheduled for the March 16 Board of Trustees meeting. Because the county commissioners don't find it necessary to be represented on the Project Committee, it will be internal to SCLD, with trustees Frank Payne and David Sani, Region II manager Ellen Miller, collection services manager Lyn Dedas, and me. CIPA compliance We're on schedule to meet the March 1 target date for CIPA compliance. By the end of the month, necessary revisions to customer brochures, forms, and signs were sent to Graphics. The staff acknowledgement form for the Communications and Information Systems Use Policy was expanded to include a section for choice of filtered Internet access or filter disabling. At the January 30 supervisor training workshop, I brought everyone up to speed on CIPA, the court cases, board action on CIPA compliance, and our implementation plans. Ellen and Linda discussed the application of the Customer Use of Internet Resources Policy and the Customer Conduct Policy to specific issues and incidents that might occur. Other than making the actual filtering configuration changes, the other major task is a mailing to parents who have chosen unfiltered Internet access for their child(ren) to let them know that this is no longer possible and that for those 16 and under, filtering software will be used to block visual depictions that are obscene, child pornography, and harmful to minors, as defined by federal law. 2004 budget • The County Assessor's Office received corrected state-assessed values from the state Department of Revenue and provided final property tax levy figures. The resulting tax levy is about$97,000 higher than anticipated from October assessed valuation information. • The actual 2004 beginning fund balance is about $90,000 higher than in the adopted budget. • Now that we know actual 2003 property tax collections, business manager Bill Sargent will prepare a new projection of anticipated prior year collections over and above the regular 2004 levy collection. • The above, along with other fine tuning, will be part of our first mid-year budget review process that will result in a budget revision recommendation on your March meeting agenda. GOVERNANCE Tax Increment Finance Area A couple of years ago the board approved an interlocal agreement that allowed formation of a Tax Increment Financing(TIF) Area for a business park just east of the former Boeing plant near Airway Heights. The purpose was for infrastructure improvements for a business park. The District has now been asked to participate in a proposed new one near the I-90 Medical Lake interchange. The planning is very preliminary so it will probably be some time before a final decision to proceed is made and District approval requested. Page 4 of 6 With a TIF, the county can sell bonds to help underwrite the developer's infrastructure (water, sewer, roads, lighting, etc.) costs, with the bonds financed by 75% of the property tax increase (the"tax increment")that results from the development. Local taxing districts receive the pre- TTF taxes plus the other 25% of the increase. The Legislature The Washington Library Association is following several bills from the previous session that have seen new activity as well as some new introductions. These include old and new library- related bills (e.g. public library Internet filtering and trustee elections), old and new property tax bills(most of them proposing to reduce property taxes), and others making changes to a variety of local govermnent laws that may also affect libraries. By month's end it didn't appear that any legislation that would adversely affect libraries would be approved by both the House and the Senate. The one piece of legislation that would help, IIJR 4216, has a hearing on February 5,just before the deadline for bills to move out of their committee of origin. It's a constitutional amendment that would allow park districts and library districts to propose voter-approved excess levies for up to 4 years, rather than current one year. School and fire districts already have this authority, although it's questionable whether the Legislature will approve placing it on the November ballot for voter approval. Library districts haven't ever used excess ("special") levies because of their current one-year limit. Four years might be a more viable option for supplemental funding. GOVERNMENT RELATIONS City of Liberty Lake As of the end of the month, we had issued 115 non-resident library cards to Liberty Lake residents. Because we charge by the household, not the card,the actual number of$80 fees paid is probably 70-75. The city purchased our book return for$1,000. Staff retrieved our remaining computer,printer, and datacom equipment on the 2"d, but at month's end the folding table and storytime packet were still missing. COMMUNITY RELATIONS Community activities • Linda Dunham, Ellen Miller, and I staffed a display at the first Regional Chamber of Commerce North Side After Hours networking event. Spokane Public Library's display was next to ours, allowing us to jointly promote area public library services. • 1 made a presentation on the challenges of libraries in the information age and challenges of city incorporations to the downtown Exchange Club. I understand that about half the membership lives outside the City of Spokane. • Spokane Regional Chamber of Commerce monthly breakfast. • Spokane Valley Chamber of Commerce monthly breakfast and two local governance committee meetings. Page 5of6 Public information The Graphics department completed 24 jobs in January, ranging from a digital camera checkout sheet to production of the year's holiday closure signs for all branches and administration-310 of them. Work was in progress on revisions to printed materials that are impacted by the CIPA compliance decision: the Youth Safety on the Web and In-Library Internet Use brochures, library card application, and all of the Internet station and Software station signs. Among the items that were updated were the Caldecott Award winner's flyer and the Newbery Award winner's flyer, as they're announced each January at the American Library Association's Midwinter Meeting. HUMAN RESOURCES • Two positions were filled: the Airway Height's public services clerk and Valley information services assistant. • HR Manager Paul Eichenberg attended a Washington Counties Insurance Pool meeting in Seattle. • New Personnel Action forms and employee acknowledgement forms for CIPA were distributed. INFORMATIO1N TECHNOLOGY • Worked with Qwest to finish figuring out the VPN settings needed to allow limited access to the Intranet and network by Management Team and Board. • Completed the administration conversion to Windows XP and Office 2003, with only the Business Office remaining to be converted. • • Prepared to add the new databases to the Web site. • E-rate 470 and 47l forms were filed. • Began figuring out how to reconfigure SRI software to allow us to meet the new CIPA compliance policy. FINANCE & PURCHASING • The annual inventory has been completed and reconciled with the records. A net adjustment to the inventory records of under $105 was required, the amount insignificant in that over $100,000 worth of materials were processed though the supply room in 2003. • The 2003 IRS Forms W-2, W-3 & 1099 were prepared and distributed. • The new 2004 salary schedule, results of November's insurance open enrollment, and 2004 United Way payroll deductions were input into the payroll system. • The Spokane County Treasurer's Office confirmed that the 2004 Tax Anticipation Note sale proceeds were received. Page 6 of 6 spoi ane Valley 11707 E Sprague Ave Suite 106 • Spokane Valley WA 99206 509.921.1000 • Fax: 509.921.1008 ♦ cityhall @spokanevalley.org Memorandum To: David Mercier, City Manager, and Members of Council From: Nina Regor, Deputy City Manager Date: February 24, 2004 Re: Monthly Report—Summary of February 2004 Activities Contract Negotiation and Administration • Library Services. The library services agreement was approved by City Council and the Spokane County Library District Board. City and SCLD staff are meeting with a consultant hired by the library to conduct a citizen survey on community library needs. • Animal Control. The first regional animal control task force was held in mid-February. There was a preliminary discussion of task force goals and objectives. The City of Spokane and Spokane County are gathering information on revenues and expenditures for their operations, which will allow the task force to forecast the cost of various options. The next meeting is tentatively scheduled for mid-March. • General Contract Administration. We are in the settle and adjust phase of the 2003 contracts, and are working with the County to determine the final amounts. City and County staff met early in February to discuss general settle and adjust provisions, and Court contract provisions in particular. Special Projects • Citizen Reference Guide. Joint with Spokane County and the City of Spokane, Spokane Valley is creating a Citizen Reference Guide. The Guide is currently in rough draft form, and is anticipated to be completed in April. Operations • 2004 City Workplan. We produced the City's first draft workplan, listing the major projects and activities of each Department. It provided the foundation for a healthy discussion at the February 7 Council retreat. We'll finalize the workplan based upon Council feedback, and distribute copies. • Employee Recruitment. The City received 206 applications for the Administrative Assistant—Public Works position, and 115 applications for the Code Enforcement • Officer position. We are in the process of narrowing the list of candidates for interviews for those two positions. We will also be looking at the AA applications as potential candidates for the recently vacated Administrative Assistant—Parks and Recreation / position. • S4ok! 'ane Va lley 11707 E Sprague Ave Suite 106 • Spokane Valley WA 99206 509.921.1000 • Fax: 509.921.1008 • cityhall®spokanevalley.org Memorandum To: Dave Mercier, City Manager From: Ken Thompson, Finance Director CC: Nina Regor, Deputy City Manager Date: February 13, 2004 Re: Monthly Report During the last few weeks of January and early February, Finance employees worked on the following projects: Five year financial forecast This was one of the subjects discussed at the council planning session on February 7. Revenues and expenditures were estimated through 2009. Reserves for CenterPlace operations, service level stabilization and contingencies were reviewed. Debt capacity was discussed. A review of the Boundary Review Boards sales tax projections took place and an overall summary of financial shortfalls was discussed. Business registration Microflex has sent 2500+letters to businesses listed in the state sales tax and local fire district 1 databases. 930 businesses have been entered into the business registration database. Additional mailings are planned to register businesses that operate within our city limits. A decision will be made later this year on using the State Department of Licensing for renewals. Close out of 2003 financial record_s/start up of 2004 City financial records for 2003 are being closed as we prepare for our audit. 2004 records are being entered into our financial systems as we move into 2004. 2003 hotel/motel tax and tourism promotion Signed agreements are slowly being returned to the city with copies of invoices documenting disbursements during the September 2003 through March of 2004 period. Reimbursements arc being sent to agencies as they provide their documentation. Purchasing manual A draft of a purchasing manual was released to departments on February 11. We expect departments will provide input that can be used to fine-tune the document. Included in the manual will be a notation that city departments arc encouraged to give Spokane Valley businesses an opportunity to compete for City business. Annual audit The Washington State Auditor's Office has suggested beginning the annual audit for 2003 in October of this year. We have asked the auditor to consider an earlier audit beginning around May 1. However, the auditor is committed to conducting audits of governments receiving federal grant dollars during the summer months because of a summer deadline. Spokane Valley did not receive federal grant dollars during 2003 which means the audits of other cities will be scheduled ahead of us. We are preparing for a July/August audit. Cost recovery We have identified city overhead costs which need to be allocated to various city operations and may eventually be reflected in our fees, charges to developers and charges to Spokane County. We are experimenting with different approaches to allocating these overhead costs to departments and programs. Our first attempt involved using the number of employees in each department to assign these costs. We have also looked at using the size of each departmental budget to allocate costs. We expect to compare the two methods to see which best reflects a fair allocation of our costs. Performance bonds A review of bonds the city is currently holding to guarantee performance, is underway. We will likely cross reference the organization that posted the bond with the project/ reason for the bond to make tracking the bond easier. Our information will also include expiration date and a contact telephone number. Policies A refreshment policy which authorizes the expenditure of city funds for refreshments at city meetings has been developed for council review. A modification of the city investment policy which would allow greater amounts in one institution and one type of investment has been proposed_ Budget variance report A report showing a comparison of our revenues and expenditures to our amended budget is attached. The report is the most recent listing of transactions through December 31, 2003. We are closing the accounting records for 2003 and expect these numbers to eventually reflect additional changes that surface during closeout. 2004 budget amendment We are preparing a list of projects and/or contracts which were budgeted in 2003 that were not completed in that year. Adjustments will be needed to the 2004 budget to allow for the completion of these contracts and projects. • City of Spokane Valley C General Fund Budget Variance Report At 2-12-04 For the Period April 1 - December 31, 2003 Budget December YTD Unrealized Percent 2003 Revenues Revenues Revenue Realized General Fund Revenues: Sales Tax $ 10,000,000 $ 2,104,223 $ 8,729,415 $ 1,270,585 87.29% Gambling Tax 462,500 188,066 528,508 (66,008) 114.27 Leasehold Excise Tax 10,000 295 5,118 4,882 51.18 Franchise Fees 272,000 157,564 466,938 (194,938) 171.67 State Shared Revenues 528,000 238,134 701,769 (173,769) 132.91 Planning & Building Fees 1,214,000 143,890 956,208 257,792 78.77 Fines and Forfeitures 1,099,000 168,962 553,230 545,770 50.34 Recreation Program Fees 35,000 884 122,152 (87,152) 349.01 Investment Interest 21,000 2,310 23,079 (2,079) 109.90 $ 13,641,500 $ 3,004,327 $ 12,086,417 $ 1,555,083 88.60% Budget December YTD Unrealized Percent 2003 Ex enditures Expenditures Expenditures Realized General Fund Expenditures: City Council $ 135,075 5 18,015 $ 124,793 $ 10,282 92.39% City Manager 184,167 16,385 163,979 20,188 89.04 Finance 232,735 32,433 231,092 1,643 99.29 Legal 178,544 20,065 157,429 21,115 88.17 Public Safety 9,621,890 1,335,021 8,918,996 702,894 92.69 Administrative Services 428,674 46,056 350,920 77,754 81.86 Public Works 535,668 80,241 462,715 72,953 86.38 Planning & Community Dev. 1,080,666 115,955 933,970 146,696 86.43 Parks&Recreation 990,096 110,919 921,991 68,105 93.12 General Government 1,116,885 114,207 875,646 241,239 78.40 $ 14,504,400 $ 1,889,297 $ 13,141,531 $ 1,362,869 90.60% 2/13/2004 9:15 AM City of Spokane Valley Other Funds Budget Variance Report at 2-12-04 For the Period April 1 - December 31, 2003 Budget December YTD Unrealized Percent 2003 Revenue Revenue R evenue Realized Other Funds Revenues: Street Fund $ 8,040,963 $ 610,872 $ 7,602,752 $ 438,211 94.55% Arterial Street Fund 405,000 90,251 452,087 (47,087) 111.63 HotelfMotel Fund 229,000 51,979 257,252 (28,252) 112.34 County City Loan Fund 50,500 - - 50,500 - Capital Projects Fund 563,556 113,627 669,100 (105,544) 118.73 Special Capital Projects Fund 563,556 113,627 669,100 (105,544) 118.73 Street Capital Projects 1,500,000 189,000 275,549 1,224,451 18.37 Mirabeau Point Project 300,000 10,510 7,145,987 (6,845,987) 2,382.00 Street Bond Capital Projects 2,430,000 2,744 2,493,642 (63,642) 102.62 Sewer Fund 1,000,000 959,000 959,000 41,000 95.90 Stormwater Mgmt Fund 770,000 102,798 559,618 210,382 72.68 Equip. Rental& Replacemnt 79,108 2,770 90,626 (11,518) 114.56 Risk Management 25,840 - 6,378 19,462 24.68 $ 15,957,523 $ 2,247,178 $ 21,181,091 $ (5,223,568) 132.73% Budget December YTD Unrealized Percent 2003 Expenditures Expenditures Expenditures Realized • Other Funds Expenditures: Street Fund $ 3,941,315 $ 1,627,042 $ 2,493,385 $ 1,447,930 63.26% Arterial Street Fund 400,000 79,000 165,549 234,451 41.39 Hotel/Motel Fund 200,000 32,625 35,425 164,575 17.71 County City Loan Fund 50,500 - - 50,500 - Capital Projects Fund 550,000 36,554 36,554 513,446 6.65 Special Capital Projects Fund 550,000 110,000 110,000 440,000 20.00 Street Capital Projects 1,500,000 192,237 275,519 1,224,481 18.37 Mirabeau Point Project 500,000 140,157 269,162 230,838 53.83 Street Bond Capital Projects 2,430,000 11,834 48,584 2,381,416 2.00 Sewer Fund 1,000,000 720,393 720,393 279,607 72.04 Stormwater Mgmt Fund 555,000 - 4,142 550,858 0.75 Equip. Rental & Replacemnt 70,525 5,835 28,832 41,693 40.88 Risk Management - (669) - - - $ 11,747,340 $ 2,955,008 $ 4,187,545 $ 7,559,795 35.65% 2/13(2004 9:15 AM CITY OF SPOKANE VALLEY DEPARTMENT OF COMMUNITY DEVELOPMENT MONTHLY REPORT FOR JANUARY 2004 LONG RANGE PLANNING DIVISION: In January 2004. Long Range Planning met twice with the Planning Commission (January 8th and 22`"'). At the January 8" meeting, the Commission continued a public hearing on a proposed Floodplain Ordinance. Staff also presented information in a study session format on a proposed Sign Code revision and on the adoption of the International Building Codes. The Commission concluded the public hearing on the Flood Plain Ordinance at the January 22"' meeting and voted to forward a recommendation to City Council Two additional public heanngs were also held on the 22nd, one on proposed revisions to the City's Sign Code and one on adoption of the International Building Codes A joint City Council/Planning Commission workshop was conducted on January 15"'. The focus of this workshop was discussion of land use alternatives for the Sprague/Appleway corridor A Growth Management Grant check in the amount of $30,101 was received in early January These funds are provided by the State of Washington to assist in the development of the City of Spokane Valley's Comprehensive Plan Page 1 of 6 City of Spokane Valley Department of Community Development Monthly Report for January 2004 BUILDING DIVISION: The Building Division exhibited the projected seasonal slowdown in January. We only issued 105 permits. Those permits did not include any new commercial buildings, but did include three manufactured homes and three single family dwellings. 2004 BUILDING PERMITS SOLD too - so o • — axmwcrl Rinds 0 Rssldentual Permits Total receipts for the month are $23,075.47. Although this is a relatively low amount. it meets our revenue forecast for this time of year 2004 BUILDING REVENUE S50 000 00 S40 000 00 - S30 000 00 - - - S20 000 00 I - . • - - - S1000000 - S000 Page 2 of 6 City of Spokane Valley Department of Community Development Monthly Report for January 2004 In 21 business days, we performed 467 inspections. This averages out to a little over 22 inspections a day. This total is showing a little less activity than normal, but considering the January weather. we are still busy. In addition, we are using our on-call inspector sparingly. In January. Mr. Calasopa performed 15 inspections while filling in for absent or unavailable full- time City employees. 2004 BUILDING INSPECTIONS 1000 800 600 200 soo 0 " p z o Plan review is active. Although, as yet, we are not seeing a surge in single-family dwelling activity, commercial pre-application activity appears to be very intense. We have been involved with commercial projects so far this year valued at over $17 million. We expect these projects to be permitted during February and March Code Enforcement remains very busy In addition to a continued heavy complaint activity, we have reviewed over 60 applications for our new Code Enforcement Officer. A supplemental questionnaire has been mailed to fifteen applicants. interviews will be scheduled and a new officer will hopefully be in place by the middle of March We have appeared in front of the Hearing Examiner concerning three different Junk Car Ordinance cases. Although we prevailed in all three of the cases, the Hearing Examiner reversed himself on one. We are revisiting that case through personal contact with the landowner's representative and are expecting to resolve this situation through a voluntary compliance agreement or continued enforcement action. In addition, we have implemented a new contact instrument. a Warning Letter, which seems to be increasing positive response from our citizens. Our Code Enforcement abatement rate has doubled from December, 2003 to January, 2004. The complaint/violation rate has remained consistent with other winter months, however types of complaints have shifted from junk auto to solid waste. The initial backlog of complaint files Page 3 of 6 City of Spokane Valley Department of Community Development Monthly Report for January 2004 we received from Spokane County has been substantially reduced, but some of them are recycling themselves in the form of new complaints_ The number of"Violations Reported" on the chart below reflects actual Spokane Valley Zoning Code violations for the month. Complaints received, serviced and abated — ranging from dead animals in the Right of Way to nuisance parking -are not reflected. CODE ENFORCEMENT STATUS 1000 100 10 , e "Violations Reported•Abatements o Fie Transfers•Pending Flies Page 4 of 6 City of Spokane Valley Department of Community Development Monthly Report for January 2004 CURRENT PLANNING DIVISION: During the month of January, 2004, the Current Planning Division sold seven (7) licenses/ permits, handled fourteen (14) project reviews, and opened eight (8) project files for various land use actions. 2004 CURRENT PLANNING ACTIVITY Site Plan Review r Sign Permit Review js sees Revel.* O shun w1 Subdivision Rezone • I Horne Ftofession Ing Binding Site Han Adult Entertairrtent License R 0 20 40 60 Litt 100 120 140 0 2004 Pioiectron•January Monthly revenue for the Current Planning Division totaled $15,812.00. We feel this is a healthy start for the new year 2004 CURRENT PLANNING REVENUE $20 000 so err Current Planning staff participated in the adoption of Street Vacation procedures and began implementation after City Council's approval of the Ordinance in mid-January In addition, staff coordinated the resolution of outstanding development issues for a new 14,000 square foot Walgreen's at Pines and Sprague. Page 5 of 6 City of Spokane Valley _ 1 Department of Community Development Monthly Report for January 2004 In January, twenty-eight (28) informational meetings were held between Current Planning staff members and citizens interested in Fling land use applications. Current Planning is in the proms of acquiring an additional 30 to 40 boxes of historical Valley land use tiles from Spokane County. Deadline for moving these boxes out of the County Public Works Building is February 23, 2004. There are also approximately 50-100 boxes of historical Building Permit files which must eventually be moved out of County storage in the near future. Planning Intern, Mike Turbak, and Building Official, Tom Scholtens. are working on logistical and financial arrangements for adequate access to and storage of these files, Page 6 of 6 Sp0 ne PUBLIC WORKS DEPARTMENT galley MONTHLY REPORT Through February 13, 2004 Agreements for Services Adopted and in Operation: • Street O&M -- County Maintenance—Still working on contract amendment • Street O&M -- WSDOT • Engineering -- County Engineer • Storm Water -- County Utilities • Solid Waste -- Regional Solid Waste Agreements in Progress: • STEP Sewer Program & Wastewater Treatment -- Discussing draft Interlocal Agreement with the County. Capital Projects: • Continued coordination with Spokane County on engineering services and maintenance contracts. • Amended 6-year TIP, submitted local funding verification letters for TIB Grants. • Continued work on annual update to the six-year TIP. • Continued coordination with Spokane County and WSDOT on the design of the Pines/Mansfield project. • Continued working on developer agreements for the Pines/Mansfield Project. • Worked with Architects and prepared Centerplace bid documents. • Coordinated with Spokane County Utility Staff on 2004 Sewer Projects. • Coordinated with Spokane County Engineering Staff on 2004 Road Projects. Maintenance Activity: • Approximately 8 tons of material used for pothole patching and repairs. • Approximately 66,000 gallons of de-icer applied. • About 1,200 yards of sanding material used. • Approximately 30 utility cut (Right of Way) permits issued for past month. • Trimming of vegetation in rights of way during breaks in snow. Land Development • Applications Reviewed/Conditions Prepared (Including Comm. Pre-App): Commercial Projects —6/6*, Residential Projects — 6/6 • Road and Drainage Plan Review: Commercial —2/2, Residential — 3/3 • Hearings Held: Commercial — 0, Residential — 0 • Construction Walk-Throughs Commercial —0, Residential— 1/1 • Rezone Applications: Commercial —0, Residential —2/2 *(current month totals/annual totals) Spo`Mkane Walley Capital Improvement Projects • 2004 CAPITAL PROJECTS Road Construction Projects Project Location Completion Date Design Construction Total Project Complete Complete Cost ' Evergreen Road 16th Ave.to 2nd Ave. 719104 100% 5% S 2,787,000 Sullivan Road 8 4th Ave.Signal Sullivan&4th 5/1/04 PE I RPM Comprete 0% S 165,000 • Park Road-Project 2 8th Ave.to 2nd Ave. 1011104 90% 0% S 782,000 • 16th Avenue-Project 2 Dishman-Mica to SR 27 11/1/04 95% 0% S 1,932,000 24th Avenue Sidewalk Project Bowdish to Pines 911104 0% 0% 5 197,300 • Pines/Mansfield Wilbur Rd.to Pines Rd.,Pines to 190 1011105 0% 0% 5 575,000 Road Design Projects • Barker Road Reconstruction Boone to Barker Rd.Bridge 10115105 0% 0% $ 2,998,200 "' Barker Road Bridge Replacement Barker Rd.at Spokane River 1211106 0% 0% $ 8,057,615 Sewer Projects Carnahan 1-90 to 8th.Havanna to Eastern 1111104 25% 0% $ 2,459,000 WeathervroodWOwens McDonald to Mamer,Mission to Mallon 11/1/04 50% 0% S 3,689,000 Voider to Maurer,1-90 to Boone Sipple Dalton to Rutter,Bradley to Vista 11/1/04 25% 0% $ 2,773,000 Veradale Calvin to Sommer,Springfield to Main 11/1104 50% 0% $ 2,701,000 South Green Acres-Phase 1 Indiana to Mission&Flora to Long Rd. 7/31/04 100% 40% $ 380,000 • Statewide Transportation Plan(STIP) Total S 29,596,115 — Transportation Transportation Improvement Board(11B) -" Bridge Replacement Advisory Committee(BRAC) ` . J 2004 Construction Projects(MR)-Jan S CI1.Voka■/°■, ne Valley 11707 E Sprague Ave Suite 106 • Spokane Valley WA 99206 509.921.1000 • Fax: 509.921.1008 • cityhall@spokanevalley.org Memorandum To: Dave Mercier, City Manager and Members of Council From: Mike Jackson, Parks and Recreation Director Date: February 19, 2004 - Re: February Monthly Report Administration: • Attended City Council Retreat on February 7. • Park reservation requests are coming in. Many requests have been for Mirabeau Springs Waterfall and the Meadows. People reserving Mirabeau Springs are being informed of CenterPlace construction to avoid any surprises. • Prepared Request for Qualifications for Parks and Recreation Master Plan and sent it to local papers, the Journal of Business, and the Seattle Daily Journal for publication on February 26th and March 5th. • The Director and Administrative Assistant attended the `Pizza with the Mayor' meeting at Central Valley High School. • Attended the 'Conversations with the Community' meeting at the Greenacres Christian Church. • Attended an Interagency Committee for Outdoor Recreation grant workshop. Submitted a letter of intent for possible funding of Meadows playground equipment. • Met with Leon Horton, President of the Spokane Valley Senior Center Association on general issues. Worked on the bus issue. Met with the Association Board on 2/13/04. The first ad-hoc committee meeting was held on February 23. • The Senior Citizen Association elected new officers. • Assisted with the possible transfer of Opportunity Township Hall to the Spokane Valley Legacy Foundation. • Assisted with interviews for a firm to complete the Community Telephone Survey. • The Administrative Assistant resigned. A search for a replacement is underway. Contracted Park Maintenance • Routine maintenance was done at all Valley Parks. • The maintenance crew completed a variety of projects including: o Repaired lights at the Senior Center o Sanded the Senior Center parking lot daily o Snowplowing occurred where needed o The Senior's bus was slow starting during the cold spell so the maintenance crew assisted the Senior Center about three times to insure the bus schedules we kept. o Staff caulked the crack in the Senior Center foundation o The broken window at Opportunity Township Hall was replaced o The maintenance crew is starting to gather fire extinguishers and first aid kits to refill. o MSDS data sheets and books are being reviewed for proper and current information. o Maintained the straw bales on the Valley Mission sledding hill. o Started Mirabeau forest cleanup with the use of the inmates. o Repaired a light in the ceramics room at the Senior Center. o Repaired the carpet at the Senior Center. o Moved play equipment from the Sullivan Dance Hall to Valley Mission Pool for winter storage. o The Avista meters are in and the locks are on at Mirabeau Meadows Park. o There have been a large number of geese hanging around Mirabeau Meadows. There has been a maintenance staff person there a couple times a day to scare the geese away and also clean the park area (normal duties) o Replaced a stop sign at the entrance to the South parking lot at Mirabeau Centennial Trail head. o Continued to work on replacing the roof on Mirabeau pump house. o The maintenance staff is working on writing a water management plan for Mirabeau and Sullivan well heads (this is State mandated) o Prepped restrooms to be painted. • o Rebuilt the clay valve for the irrigation system at Valley Mission Park o The maintenance crew repaired the vandalized deck at Mirabeau Springs. o Repaired clothes storage baskets at the pools. o Ordered supplies for the Senior Center. o Some staff attended the re-certification training for herbicide licenses. o Staff received training for water quality assurance. o Worked on Senior's front doors and restroom. o Worked on the senior bus. Senior Center: • Sixty-eight seniors attended the monthly potluck held on February 1st. • Twenty-five new members joined the center this month. • The Center's ad hoc committee regarding CenterPlace has met two times. • AARP tax aid has had an average of thirty-eight people coming in for assistance that is offered on Monday's noon to 3pm, Wednesday's 4-7pm, and Saturday's 11 am-3pm. • With the longer days and better weather in February, the attendance has picked up in the pool room, Wednesday Dance, and Sing Along. • The Senior Center is in the middle of writing the March newsletter. • February 21st, a Spaghetti Feed is planned, no indication of how many are coming as of yet. • Dining Out trips this month: o Eight seniors went to the Hu Hot Mongolian Grill o February 29th there is a full bus going to the Longhorn BBQ o Fifteen seniors went to Northern Quest Casino o Seventeen seniors are signed up for the Chewelah Casino trip on February 29t. Recreation: • Currently, there are no recreation programs in session • Received Q6"Success by 6"taping of PlayCamp 2003 • Representing city on "Weed and Seed" committee • Completed recreation supply inventory • Created list of general starting supplies for all programs • Received approval to run summer 2004 programs • Created program standards, binders, job descriptions, and interview questions for programs we were not expecting to run (using templates I created the first time I did this) • Compiled purchase order for supplies needed for 2004 summer programs • With HR, compiled and posted all position openings for summer 2004 • Attended annual facility request night for CV gyms and fields for summer 2004 programs • Finalized all locations for summer 2004 programs • Starting on brochure for summer 2004 programs • Working on T-shirt designs and colors for summer 2004 programs and staff shirts • Working on web site 4 MEMO TO: Dave Mercier, City Manager FROM: Cal Walker, Chief of Police DATE: February 12, 2004 RE: Monthly Report January 2004 Attached is January's activity report for the Spokane Valley Police Department. There were a total of 4,714 computer-aided dispatch (CAD) incidents. These are self-initiated officer contacts, as well as calls for service. Out of those 4,979 incidents, 1,559 actual reports were taken during the month of January. Attached is the breakdown describing those incidents. Additionally, there were 1,570 traffic stops conducted that resulted in 312 traffic reports. I have included hotspot maps for January residential burglaries, stolen vehicles, vehicle accidents and malicious mischief. There is also a "Year to Date" column that will be cumulative. This month 1 have not included a hotspot map for commercial burglaries. Our actual commercial burglaries were down so far in January that the mapping software was picking up any burglaries 2500 feet or more apart and showing them at a higher frequency occurrence than actual. This phenomenon will be worked on by our GIS specialist and will hopefully be remedied for further reports. ADM INISTRATTVE • January begins the first-time process of looking into our contract's first"settle and adjust." We began compiling all financial information, reviewing those documents and preparing them for this process. I anticipate working closely with Nina and Morgan in reviewing this assessment, • Negotiations are continuing on the Precinct Lease agreement. The County legal counsel is drafting what will hopefully be the final document for that agreement, to be presented to the City Council in late February. OPERATIONAL • Spokane Valley Police Department, in conjunction with Kiwanis, acquired a portable speed-measuring display board. This board was donated by the local Valley Kiwanis Club and will be used in conjunction with our law enforcement officers and S.C.O.P.E. volunteers, specifically in school and park zones. In February we will be planning a community event, dedicating this new piece of equipment that was so graciously given by the Kiwanis Club. 1 COMMUNITY-ORIENTED POLICING • We developed and began to implement a cooperative program with area schools, discussing ways we can eliminate gangs, guns and drugs in our community schools. This is a joint effort between ESD #101 and all of the school districts serving the Valley. • Spokane Valley Police Department and a host of other public and private organizations are jumping into a Weed and Seed community development project, focusing on the Central Valley area. This will be specifically addressing the needs of that neighborhood and will include "weeding out crime and seeding programs for prosperity" that can eventually become self-sustaining. Many updates will follow on this particular project. 2 2004 JANUARY CRIME REPORTS January. 2004 Year to Date BURGLARY 60 60 FORGERY 42 42 MALICIOUS MISCHIEF 59 59 NON-CRIMINAL 69 69 PROPERTY OTHER 143 143 RECOVERED VEHICLES 23 23 STOLEN VEHICLES 41 41 THEFT 201 201 UIOBC 0 0 VEHICLE OTHER 4 4 VEHICLE PROWLING 83 83 TOTAL PROPERTY CRIMES 725 725 ASSAULT 58 58 DOA/SUICIDE 8 8 DOMESTIC VIOLENCE 58 58 HOMICIDE 0 0 KIDNAP 2 2 MENTAL 26 26 MP 16 16 PERSONS OTHER 140 140 ROBBERY 7 7 TELEPHONE HARASSMENT 13 13 TOTAL MAJOR CRIMES 328 3281 ADULT RAPE 1 1 CHILD ABUSE 14 14 CUSTODIAL INTERFERENCE 10 10 SEX REGISTRATION F 1 1 INDECENT LIBERTIES 1 1 CHILD MOLESTATION 8 8 CHILD RAPE 6 6 RUNAWAY 35 35 SEX OTHER 10 10 STALKING 0 1 1 SUSPICIOUS PERSON 26 26 TOTAL SEX CRIMES 113 113 DRUG 81 81 OISU OTHER 0 0 . TOTAL ISU 81 81 TOTAL TRAFFIC REPORTS 312 312 TOTAL REPORTS RECEIVED 1,559 1,559 3 % 7/ ' 4. !_i ., E.trunifin _ . ' -iiiii•--- isch4Tit. 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R 4tti, Ico, X O Wt6 ;;acrin �IDM01/ • T'.it t le I , ANA snlR :” Relic l'uic �titi ' —'Q ib T x 4111 o K L. atrn >4FUr c t f P41, gal:vwt. p S.,t•:- ..Il, 1 I �1 Ys Q+ 4901 -a 4).Hh r .. -- Mr tiler • )..fSirr sy• •1 re — -Medium i ear At 1' C • t 1 -A -• °� ; Mk January 2004 Malicious Mischief Hotspots MVOS i Spokane Valley -Ire department 2004 Response Information For City of Spokane'Volley INCIDENT TYPE Year to Date Jan Feb March April May June 1 July August' Sept Oct f Nov Dec 11-5 Structure Fire Single Response 31 31 I _ 11-F Structure Fire _ _ 10 10 1 11-W Working Fire _ i 2 2r— _ _ -- 13-S Vehicle Fire 7 71 14-UH Brush Fire-Low --- 0 0! .115-S Trash Fire 0 0 18 Alarrn Systemingle.Response 16 16 18-F Alarm System-Full 54 54 31-NB BLS EMS Alarm 211 211 1 + 31-CID ALS EMS Alarrn 235_ 235 ___ 31-F 2nd alarm EMS/Mass Casualty 0 0 _ --- 35-F Extrication 2! 2 I 36-F Water Rescue 0 i 0 I - 37-F Tech Rescue 0 I 0 I — 40-I Hazmat Investigation 61 6 � _,.11 ° 40-F Hazmat Full Response 0 0 I I 46-NB Auto Accident-Unknown IrOuries 63 53 46-CID Auto Accident - Life Threats 7 7 50-S Service Call 26 26 MONTHLY TOTAL '670 670 01 0 0 0 0, 0, 0_ 01 D 0 01