HomeMy WebLinkAbout96-034RESOLUTION NO.
A RESOLUTION adopting policies for enforcement of the bUilding, construction,
zoning, subdivision and environmental protection regulations of the City of Port
Townsend.
WHEREAS, the City of Port Townsend has enacted certain ordinances to promote the health,
safety and general welfare of its citizenry; and
WHEREAS, such ordinances also adopt by reference certain laws, regulations and policies of
the State of Washington, and certain uniform structure-related codes; including the State
Environmental Policy Act, the Port Townsend Shoreline Management master Program, the
Uniform Building Code, the Uniform Mechanical Code, the Uniform Fire Code and the
Uniform Plumbing Code; and
WI-IERF, AS, the City desires that the good and reasonable purposes for which these ordinances
have been enacted be achieved through fair and effective enforcement; Now, Therefore,
BE IT RESOLVED by the City Council of the City of Port Townsend that the following
policies shall guide enforcement of city ordinances relating to building, construction, zoning,
subdivisions, and environmental protection:
City ordinances are enforced to achieve the public purposes for which each has been enacted.
These purposes, are set forth in the Port Townsend Municipal Code. Enforcement proceedings
seek the cooperation of city property owners toward compliance with city ordinances. Civil or
criminal penalties are sought only as a last resort when the city's voluntary compliance efforts
to obtain cooperation and corrections have failed.
Enforcement Priorities
~. To assure fair and equal application of city ordinances, enforcement shall
be uniform and consistent in similar instances within the enforcement priorities attached
hereto as Exhibit A.
~. Because Port Townsend is a small city of limited resources, enforcement
activities shall be undertaken in a manner which makes efficient use of financial and
staff resources in accordance with the priorities set forth below. Whenever an
application is made for a variance, conditional use permit, environmental declaration,
shoreline permits, rezone or subdivision, the City Council will consider requiring as a
condition of such action that existing uses, structures or signs which have been
established contrary to city ordinances be corrected as one reasonable and efficient
means to obtain satisfactory conformance with city ordinances.
this 20
Interpretations and Rulings. Although the City Council makes every effort to enact
ordinances which are clear and precise, inevitably the application of regulatory
provisions to specific circumstances requires interpretation. City staff shall faithfully
and consistently interpret the meaning of city ordinances and shall request the opinion
of the City Attorney whenever in doubt as to the meaning of such provisions, or
whenever a citizen requests such an opinion.
~. Pursuant to Section 20.10.130 of the Port Townsend Municipal Code, all
enforcement orders of the Director or his/her designee may be appealed to the City
Council within 15 calendar days. Where authorized by city ordinances, a variance or
conditional use permit application may, if granted, also provide a means of relief from
city ordinance restrictions.
Stay of Proceedings. Whenever an enforcement order of the Director or Code
Inspector Officer has been appealed, or if an application for a variance or conditional
use permit is pending which, if granted, would correct the violation, enforcement
proceedings will be stayed until a final determination has been made.
Ordinance Improvements. The City of Port Townsend desires that all of its ordinances
be clear, understandable, reasonable, equitable and appropriate to the stated public
purposes of each. Accordingly, citizens and city staff members are encouraged to
propose amendments to city ordinances whenever enforcement activities reveal that the
provisions of an ordinance do not fully satisfy these criteria.
Passed by the City Council of the City of Port Townsend and approved by the Mayor
day of Febrnary, 1996.
Julie 19lcCulloch, Mayor
Attest:
~Apllr. ove~d gs to ~~
'lit~ant City Attorney
EXHIBIT A
Proposed Enforcement Priorities
Goal: One day response
Public health and safety issues.
Illegal construction or similar violations in progress (e.g., cleating, grading, tree
cutting, etc.).
Second Priority
1.
e '
Goal: Two to three day response
Violations of conditions of permit approvals (e.g., SEPA mitigation measures,
shoreline or permit conditions).
Reports of possible violations from residents.
Reports of possible violations from City Council members or other city departments.
llfmtlliOl~. As time allows
1. Any violation uncovered in the field as part of an inspector's pro-active enforcement:
B.
C.
D.
E.
Final inspections
Zoning Code provisions (e.g., use compatibility, setbacks or parking)
Signs
Fences and hedges
Other