HomeMy WebLinkAbout08-005 Repealing resolution 01-049RESOLUTION N0.08-005
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND,
WASHINGTON REPEALING RESOLUTION 01-049
RECITALS:
1. The City Council reviewed changes to City codes concerning code enforcement that would
provide, among other things, that civil penalties would be appropriate in certain code violation
circumstances, including, for example, where persons violating the code know or reasonably should
have known that the action is in violation of City regulation.
2. The City Council adopted Resolution 01-049 (November 19, 2001) -Resolution of the City
Council of the City of Port Townsend Encouraging the City Manager To Continue the Promotion
and Nurturing of a Regulatory Environment Which Supports Housing Opportunities For Potential
Homeowners In Low and Middle-Income Ranges. The Resolution among other things encouraged
the City Manager "to continue the promotion and nurturing of a regulatory environment with
strategies and actions which support the ongoing housing opportunities for potential homeowners in
low and middle-income ranges' and stated certain "Mission Statement/Policiesand Definitions for
staff guidelines" including:
MissionlPolicy Statements:
To facilitate compliance with the City of Port Townsend codes and regulations.
To advocate development through the issuance of permits for the citizens of Port Townsend.
Definitions:
"Facilitate" - to make easy or easier
"Advocate" -one who pleads for another's cause or in support of something
"Development" - to make fuller, better, bigger, to show or work out by degrees, to enlarge
"Permit" - to allow; consent to; to authorize; to give opportunity
3. In the course of recent discussions and deliberations before the City Council concerning code
enforcement, the City Manager has appraised the City Council that while Resolution 01-049
states a generally positive goal of supporting housing opportunities for those in low and middle
income ranges, the Resolution, when viewed in context and combined with the "Mission
Statement/Policies and Definitions for staff guidelines," suggests an emphasis on permit
issuance. In the context of code enforcement, Resolution 01-049 has been interpreted by the City
Administration as a Council statement of intent and guideline that so long as permits are
obtained, even after construction has started without permits in violation of code requirements,
then code enforcement with penalties should not occur.
4. Because Resolution 01-049 creates confusion concerning code enforcement, the City Council
determines it should be repealed.
5. The Resolution to the extent it states Council support for housing opportunities is also
unnecessary. By repealing Resolution 01-049, the City Council in no way means to undermine
its support for or imply in any way that it does not support housing opportunities. Community
and City Council support for housing opportunities is strongly stated in the City's
Page / Resolution 08-005
Comprehensive Plan. The City is involved in a planning process to develop action plans to
address housing needs. In Resolution 06-026 (October 2, 2006), the City Council approved the
2006 Housing Action Plan, and endorsed cooperation with the County on a Housing Action Plan
Network (HAPN) with the mission of facilitating implementation of the 2006 Housing Action
Plan. A Resolution such as Resolution 01-049, specially emphasizing that support, is
unnecessary and, when combined with Council statements and guidelines concerning permit
issuance, confusing.
NOW, THEREFORE, the City Council of the City of Port Townsend ordains as
follows:
Resolution 01-049 (November 19, 2001) is hereby repealed.
ADOPTED by the City Council of the City of Port Townsend at a regular meeting
thereof, held this '~2 day of JQ17(.IQY r~ , 2008.
U ' ~ u%c-titer-~.
Michelle Sandoval, Mayor
Attest:
Pamela Kolacy, C
City Clerk
Approved as to form:
J ~---~-~,=t ~ .~
John P. Watts
City Attorney
Page 2 Resolution 08-005