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03-048 .I CITY OF SPOKANE YALLEY SPOKANE COUNTY, WASHINGTON ORDINANCE NO. 48 AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, WASNINGTON, ADOPTING BY REFERENCE THE SPOKANE ENVIRONMENTAL ORDINANCE IMPLEMENTING THE "STATE ENVIRONMENTAL POLlCY ACT" AS THE ENVIRONMENTAL REGULATIONS OF THE CITY WHEREAS, the City Spokane Valley will incorporate on March 31, 2003; WHEREAS, the City of Spokane Velley must have an eniorceable environmenta) regulations in efifeci on the date of incorporation; WHEREAS, Spokane County, the City of Spokane, SCAPCA and the Health District have adopted environmental regulations pur- suant to State law; and WNEREAS, adoption oi the Spokane Envi- ronmental Ordinance will establish a unitorm *Federal Tax ID No. 91-0420030 ~ SEPA process in Spokane Caunty. NOW, THERfFORE, the City Council of the ~ c~ of Spokane Valley, Washington, do ordain AFFIDAVIT OF PUBLICATION ~ oiEows: secbon 1. Envuonmental Regulations. Pur- STATE OF WASHINGTON suant to RCW 35A.11.020 and 35A.12.140, the City adopts by reterence the Environmental Or- COlltlt Of S okane, SS. dinance eftective November 19, 2002 y p ("Environmenial Regulations*) which is ettach- ed herato as Exhibit "A" and incorporated by cnis reference as presently constftuted or . Name: City of Spokane Valley Acct: C042365 hereinatter amended as the Environmental Reg- ulations oi the Ciry of Spokane Valley. All reier- ences to "Spokane Countyl' or any other agen- P.~.: Ordinance No. 48 NO. Lines: 107 ~ cy shall be construed to refer to the C'rty of Spokane Valley. Section 2 Adoption of Other Laws. To the Total CoSt: $ 86.39 Log NO: SR5234 1 extent thai any provision of any other law, rute I or regulation referenced in the aitached Envi- ~ ronmental Regulations is necessary or conven- I JIII LEOfI I ieni to establish the validiry, enforceability or in- ' , g ~ terpretetion of the Environmental Regulations, I do solemnly swear that I am the Principal Clerk of the SPOKESMAN- then such provision or oiher law, rule or regula- ~ tion is hereby adopted by referer►ce. ~ REVIEW, a newspaper established and regularly published, once ' w►,~n8 En~viron~~tal Regulations e~~ i each day in the English language, in and of general circulation in the planning commissions, board of appeals, near- ! City of Spokane, Spokane County, Washington; and in the City of ing examiner, or any other simifar body, the i 'City Council shall serve in all such rotes, bu, re- ; Coeur d Alene, Kootenai County, Idaho; that said newspaper has tains the right to establish any one or more of ~ been so established and regularly published and has had said general such bodies, at anY time and without regard to ; whether any quaei-judicial or ochef- matter iS : circulation continuously for more than six (6) months prior to the 23rd thenpending. I day of July, 1941; that said newspaper is printed in an office section 4. EnvironmentaLltegulations. -I Copies on File. The Ci Clerk is to mamtain maintained at its place of publication in the City of Spokane ry ~ , one copy on fite of the Environmental Regula- ! Washington; that said newspaper was approved and designated as a tions adopted by this ordinance. ~ legal newspaper by order of the Superior Court of the State of Section S. Liability_ The express intent of the crt,r of spokane v~~ley is tnac the resQonsi- Washington for Spokane County on the 23rd day of July, 1941, and bility for compliance with the provisions of this ordinance shall rest with the permit applicant that said order has not been revoked and is in full force and effect; and their agents. This ordinance and its provi- that the notice attached hereto and which is a part of the proof of sions are adopted with the express intent to ~ protect the health, safgty, and welfare of the pUbIIC2tlOt1, was published in said newspaper, one time(s), the general public and are not mtended to proteci ~ any particular Cless or individuals or ; publication having been made once each time on the following dates: organrzaUorts. i Section 6. Ssverability. If any section, sen- ~ March 27, 2003 tence, clause or phrase of this ordinance shall ~ be held to be invalid or unconstitutional by acourt of competent jurisdiction, such invalidity or unconstitutionalify shall not affect the vafidi- ~ L ty or constitutionelity of any other section, sen- tence, clause of phrase of this ordinance. section 7. Effective Date. This Ordinance Subscribed and sworn kefkoreAm-Ze/at City of Spokane, this 27 shall be in full force and effect on the official ~ day of Mareh, 2003 date ot incorporation provided publicalion of this Ordinance or a summary thereof occurs in ` the official newspaper of the Ciry as provided bY leW. V/NC PASSED by the City Council this 11th day of March, 2003. , ~ ` • . .~~J` tary Public in and for the State of Washingto S$ION ,•o~ /s/ Michael DeVleming ~residing in Spokane County, Washington : U NOtqRy Mayor ArrEST: PUBL IC /s/ Ruth Muller Interim City. Clerk_ SR5234 J'i*'•. ~1 1N ASH CITY UF SYU.hANE ~`ALLLY SPOKANE COUNTY, WASHINC-TON ORDINANCE NO. 48 AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, WASHINGTON, ADOPTING BY REFERENCE THE 5POKANE ENVIRONMENTAL ORDINANCE IMPLEMENTING THE "STATE ENVIRONMENTAL POLICY ACT" AS THE ENVIRONMENTAL REGULATIONS OF THE CITY. WHEREAS, the City of Spokane Valley will incorporate on March 31, 2003; WHEREAS, the City of Spokane Valley must have an enforceable environmental regulations in effect on the date of incorporation; WHEREAS, Spokane County, the City of Spokane, SCAPCA and the Health District have adopted environmental regulations pursuant to State law; and WHEREAS, adoption of the Spokane Environmental Ordinance will establish a uniform I SEPA process in Spokane County. NOW, THEREFORE, the City Council of the City of Spokane Valley, Washington, do ordain as follows: Section 1. Environmental Re2ulations. Pursuant to RCW 35A.11.020 and 3 SA.12.140, the City adopts by reference the Environmental Ordinance effective November 19, 2002 ("Environmental Regulations") which is attached hereto as Exhibit "A" and incorporated by this reference as presently constituted or hereinafter amended as the Environmental Regulations of the City of Spokane Valley. All references to "Spokane County" or any other agency shail be construed to refer to the City of Spokane Valley. Section 2. Adoption of Other Laws. To the extent that any provision of any other law, rule or regulation referenced in the attached Environmental Regulations is necessary or convenient to establish the validity, enforceability or interpretation of the Environmental Regulations, then such provision or other law, rule or regulation is hereby adopted by reference. Section 3. Reference to Hearinp- Bodies. When the Environmental Regulations refer to planning commissions, board of appeals, hearing examiner, or any other similar body, the City Council shall serve in all such roles, but retains the right to establish any one or more of such bodies, at any time and without regard to whether any quasi judicial or other matter is then pending. Section 4. Environmental ReQulations - Copies on File. The City Clerk is to maintain one copy on file of the Environmental Regulations adopted by this ordinance. Ord. No. 48, 3/13/2003 1 I ~ II Section 5. Liability. The express intent of the City of Spokane Valley is that the ' responsibility for compliance with the provisions of this ordinance sha11 rest with the permit applicant and their agents. This ordinance and its provisions are adopted with the express intent ~ to protect the health, safety, and welfare of the genc.~ral public and are 11ot iiltended to Protect anv particular class of individuals or orgail i rat i ons. Seetion 6. Severabilitv. If any section, sentence, clause or plirase 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 7. Effective Date. This Ordinance shall be in full force and effect on the official date of incorporation provided publication of this Ordinance or a summary thereof occurs in the official newspaper of the City as provided by law. ~~day of March, 2003. PASSED by the City Council this / "V4W Mayor, Michael DeVle ng ATT ~ ~G 3 q Interim City Clerk, Ruth Muller Approved as to Form: I e' City y, Stanle M. Schwartz Da of Publicati : Effective Date: /n aoc-3 Ord. No. 48, 3/13/2003 2