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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