HomeMy WebLinkAbout072423 Special Session City Council Business MeetingPORT TOWNSEND CITY COUNCIL AGENDA
CITY HALL COUNCIL CHAMBERS, 540 WATER STREET
Special Session Business Meeting 6:00 p.m. July 24, 2023
• Attend in person or virtually via computer or tablet at 1gtp // enter the 9
digit Webinar ID 242-937-955
• Phone only (muted - listen -only mode) United States: Local Dial In — (360) 390-5064
access code: 706-376-5054
• Live stream (listen only): https:Hcityofpt.us/citycouncil/page/agendasminutesvideos.
• Submit public comment emails to be included in the meeting record to:
ub1jCC0n1n1e111: �)Cj1 of t:.us
........................
• If you are experiencing technical difficulties, please attempt all methods listed above
before reporting any issues to: �, r,,1�,su s _c�r,,k;,� > ....
L Call to Order/ Pledge of Allegiance
II. Roll Call
III. Public Hearing
A. Ordinance 3319 Related to a Transportation Benefit District and Amending
the Port Townsend Municipal Code to Add a New Chapter 12.50 "Port
Townsend Transportation Benefit District"
Action: Move to waive Council Rules and approve Ordinance 3319
Related to a Transportation Benefit District and Amending the Port Townsend
Municipal Code to Add a New Chapter 12.50 "Port Townsend Transportation
Benefit District"
i. Staff Presentation
ii. Public Comment
iii. Council Deliberation and Action
IV. Unfinished Business
A. Ordinance 3317 Related to Peace, Morals, and Safety Repealing Chapters 9.08 -
Nuisances, 9.10- Punishment and Abatement of Nuisances, 9.12- Burning
Permits, 9.16- Storage of Petroleum Products, and 9.32- Malt Liquor Sales and
Distribution of the Port Townsend Municipal Code and Adopting a New
Chapter 9.08 Nuisances
Action: Move to approve Ordinance 3317 Related to Peace, Morals, and
Safety Repealing Chapters 9.08 -Nuisances, 9.10- Punishment and Abatement of
Nuisances, 9.12- Burning Permits, 9.16- Storage of Petroleum Products, and
9.32- Malt Liquor Sales and Distribution of the Port Townsend Municipal Code
and Adopting a New Chapter 9.08 Nuisances
Staff Presentation
ii. Public Comment
iii. Council Deliberation and Action
B. Ordinance 3318 Related to Minor Landscaping in the Right of Way and
Amending Sections 12.04.030 and 12.04.075 of the Port Townsend Municipal
Code
Action: Move to approve Ordinance 3318 Related to Minor Landscaping
in the Right of Way and Amending Sections 12.04.030 and 12.04.075 of the Port
Townsend Municipal Code
i. Staff Presentation
ii. Public Comment
iii. Council Deliberation and Action
V. New Business
A. Transportation Improvement Board Grant Application Priorities
Action: Move to support a Transportation Improvement Board grant
application for the Sims Way and Washington Streets Active Transportation
projects and dedicate banked capacity property tax as local funding up to
$150, 000 for grant match and staff administration costs.
i. Staff Presentation
ii. Public Comment
iii. Council Deliberation and Action
VI. Adjourn
111y
(f port
Townsen
Submitted By: Steve King
Department: Public Works
Agenda Bill AB23-200
Meeting Date: July 24, 2023
Agenda Item: III.A
❑ Regular Business Meeting
❑ Workshop/Study Session
® Special Business Meeting
Date Submitted: July 17, 2023
Contact Phone: 379-4432
SUBJECT: Ordinance 3319 Related to a Transportation Benefit District and Amending
the Port Townsend Municipal Code to Add a New Chapter 12.50 "Port Townsend
Transportation Benefit District"
CATEGORY:
❑ Consent ❑ Resolution
❑x
Staff Report ❑x Ordinance
Contract Approval ❑ Other:
BUDGET IMPACT:
Expenditure Amount:
Included in Budget? Yes ❑ No ❑x
Public Hearing (Legislative, unless otherwise noted)
3 -Year Strategic Plan: 4 - Ensure sustainable future for public services and facilities
Cost Allocation Fund:
SUMMARY STATEMENT:
The City of Port Townsend has struggled to keep up with local street projects and
improvement needs, particularly in the past few decades in the face of declining state
funding for such needs. The City has heard a consistent and broad desire for greater
levels of service for streets from members of our community.
The Comprehensive Streets Program was developed starting in 2021 to look holistically
at our 80+ mile street system, competing priorities and needs, and opportunities and
strategies for making progress on a system largely in a state of disrepair. The
Comprehensive Streets Program includes four main categories (chapters): street
operations, street improvements, street preservation, and street programming. The
many presentations and materials from the City Council Infrastructure and Development
Committee can be found here: Ilhtt s://clit of t.us/en a e t/ooa e/com i°ellhenslive streets
A Transportation Benefit District (TBD) has been discussed as a potential funding
source since the start of the development of the Comprehensive Streets Program. Over
110 cities in Washington State have created Transportation Benefit Districts (TBDs),
concurrent with their city boundaries, in order to raise revenue for local transportation
projects and improvements included in their planning documents.
State law (RCW 36.73) permits two main funding sources: sales taxes and/or vehicle
license fees, although there is other rarely used options like border area fuel taxes. The
City Council may implement a 0.1% sales tax increase by vote of the Council.
Revenues for 0.1 % sales tax are estimated at $250k annually. The City Council may
also offer the public the opportunity to vote on an additional 0.2% sales tax increase
specifically to fund transportation improvements. Revenues for a 0.2% sales tax are
estimated to bring an additional $550k annual funding, thus totaling approximately
$800,000 in revenue in an average year. The District may also decide to put up the full
0.3% sales tax for a public vote. Over time (e.g., 30 years), this additional funding is
expected to eventually improve the entire street system to a greater level of service and
then be able to sustain ongoing planned investments indefinitely.
For the purposes of the Transportation Benefit District (TBD), the cost of construction,
operation, preservation, maintenance, engineering, right of way, construction, legal,
finance, administration and any other costs associated with transportation project
investment shall be deemed transportation improvement. A breakdown of the estimated
needs by category include -
1 .
nclude:
1. Citywide pavement repair, rehabilitation, and preservation of the City's street
system estimated at $500,000 per year. The City developed a preliminary
pavement assessment. The list of streets in need of repair are available for
review here -
.L s://clic of �.us/slices/clefaullt/fiilles/fiilleattaclhments/ ublllic works/ a e/025I/0'71
.....,,,,p,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,p,,,,....,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,p,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,............................p,,,,,,,,,,q,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,...............................
stireets oiir&IlHmlinairy malintenance Il list. df. Note that any privately maintained
streets in this list are not eligible for funding.
„ii ,... , „!;,;,............................................
,,,1C,,,ii;,; „h„ „rr , ?„!i;,;!2!,i, irk,,,,,,,11,m.p, !i;,; v ,u , ,ir�,�,
2. Street Improvement Projects in the current ............
.... ...........................
E.II n.. and as amended annually by the City Council are estimated at $300,000 per
year. This improvement plan is a long list of projects that are typically funded
through state and federal grants. $300,000 per year investment leverages
approximately $1.5 million in grant funds for streets. A copy of the most current
I!x.::Year ...IC..ii a oirtaf'i Iheire
.. ion Ilm a°ovemen� IFu°o a°am list of projects are available
for review.
3. Citywide gravel road repair, rehabilitation, and paving are estimated at $50,000
per year. Investment in gravel road paving reduces maintenance costs allowing
additional resources to be invested in pavement preservation throughout the City.
4. Citywide sidewalk/ADA construction, upgrades, and repairs estimated at
$100,000 per year. The City is required to address accessibility for all users.
Using grants and fees along with new revenues, the City will be able to focus on
installation of sidewalks at strategic locations to create continuous pedestrian
routes connecting pedestrian destinations.
5. Citywide traffic calming estimated at $30,000 per year. Along with pothole repair,
traffic calming is one of the most highly requested items for improving roadway
safety for pedestrians, bicyclists and motorists.
Consistent with the Comprehensive Streets Program and the Financial Sustainability
initiative, staff recommends the City Council form a Transportation Benefit District. As
prescribed by RCW, the board of the Transportation Benefit District will be the City
Council even though the District is a separate entity. If the TBD is formed, the first
meeting is tentatively scheduled for August 1, 2023 at 9am at the City Council
Chambers. At that meeting, the board will need to elect a chair and may consider
whether or not to place a sales tax increase initiative for roadway improvements on the
November ballot. Transportation Benefit Districts typically raise funds for streets
through vehicle licensing fees, sales tax, or a combination of the two. Given, the city of
Port Townsend has a high degree of tourism whom use the street system, a sales tax is
a more equitable revenue raising approach. The TBD board will have several options
available for raising revenue through sales tax as described above.
ATTACHMENTS:
1. Ordinance 3319 and Exhibit A
CITY COUNCIL COMMITTEE RECOMMENDATION: N/A
RECOMMENDED ACTION: Move to waive Council rules and approve Ordinance 3319
Related to a Transportation Benefit District and Amending the Port Townsend Municipal
Code to Add a New Chapter 12.50 "Port Townsend Transportation Benefit District"
ALTERNATIVES:
❑x Take No Action ❑x Refer to Committee ❑x Refer to Staff ❑x Postpone Action
❑ Remove from Consent Agenda ❑ Waive Council Rules and approve Ordinance
❑ Other:
Ordinance 3319
Page 1 of 3
Ordinance 3319
AN ORDINANCE OF THE CITY OF PORT TOWNSEND, WASHINGTON,
RELATED TO A TRANSPORTATION BENEFIT DISTRICT AND AMENDING
THE PORT TOWNSEND MUNICIPAL CODE TO ADD A NEW CHAPTER 12.50
"PORT TOWNSEND TRANSPORTATION BENEFIT DISTRICT"
Recitals:
1. The City Council of the City of Port Townsend has the responsibility under
the Constitution of the State of Washington for the improvement, maintenance, protection and
operation of public ways within the corporate limits of the City pursuant to RCW 35A.11.020
and Chapter 35A.47 RCW.
2. The improvement, maintenance, protection and operation of public ways requires
preserving existing transportation improvements to avoid both catastrophic failure of the
Improvements, which would require significant additional funds to reconstruct, as well as their
gradual deterioration.
3. The number one goal in the " Washington Transportation Plan 2040 and Beyond"
adopted by the Washington Transportation Commission (" State Transportation Plan") is to make
the best of existing infrastructure, services, and resources.
4. The State Transportation Plan identifies that there is no more fundamental
transportation investment than existing system preservation - keeping the physical infrastructure
in safe and efficient operating condition.
5. The City has limited transportation funding to pay for necessary transportation
preservation and maintenance.
6. The funding dedicated for the preservation and maintenance of the City's transportation
infrastructure has been dramatically reduced due to significant loss of Motor Vehicle Excise
Taxes.
7. The City of Port Townsend annually adapts a six-year Transportation Program
pursuant to State Law and has or will adopt an updated Transportation Capitol Facilities Plan
that identifies necessary improvements to the City's transportation system.
8. While dedicated revenues have decreased, the ongoing annual costs to preserve and
maintain the City's transportation infrastructure continue to rise leaving the City unable to
continue to adequately preserve and maintain the City's transportation infrastructure.
9. Chapter 36.73 RCW provides for the establishment of transportation benefit districts
and for the levying of additional revenue sources for transportation improvements within the
District that are consistent with existing state, regional, and local transportation plans and
necessitated by existing or reasonable foreseeable congestion levels.
Ordinance 3319
Page 2 of 3
10. RCW 35.21.225 authorizes the City Council to establish a transportation benefit
district subject to the provisions of Chapter 36.73 RCW.
11. The City desires to form a Transportation Benefit District that includes the entire
City of Port Townsend corporate limits as they currently exist or as they may exist following
future annexations.
12. On July 24, 2023, the City conducted a public hearing in accordance with RCW
36.73.050, after giving proper notice describing the Transportation Benefit District
projects consistent with Chapter 36.73 RCW.
13. The City Council of the City of Port Townsend finds it to be in the best interests of
the City to establish a citywide Transportation Benefit District for the preservation and
maintenance of the City's transportation infrastructure consistent with Chapter 36.73 RCW, to
protect the City's long-term investments in that infrastructure, to reduce the risk of transportation
facility failure, to improve safety, to continue optimal performance of the infrastructure over
time, and to avoid more expensive infrastructure replacements in the future.
14. The members of the City Council of the City of Port Townsend shall be the governing
body for the Transportation Benefit District acting in an ex officio and independent capacity.
NOW, THEREFORE, the City Council of the City of Port Townsend ordains as
follows:
SECTION 1. Purpose. The purpose of this Ordinance is to establish a Transportation
Benefit District pursuant to RCW 35.21.225 and Chapter 36.73 RCW.
SECTION 2. Findings. The City Council finds it is in the public interest to provide
adequate levels of funding for the purposes of ongoing transportation improvements that
preserve, maintain and as appropriate, construct or reconstruct the transportation infrastructure of
the City of Port Townsend consistent with Chapter 36.73 RCW.
SECTION 3. Adding a Chapter to the Port Townsend Municipal Code Establishing
a Transportation Benefit District. The City Council of the City of Port Townsend hereby
adopts a new Chapter 12.50 of the Port Townsend Municipal Code entitled "Port Townsend
Transportation Benefit District," which shall read in substantially the same form as Exhibit A.
SECTION 4. Staff Support. The City Council authorizes City staff to complete the
preliminary work necessary to establish the Transportation Benefit District and confirms and
ratifies any work already completed on behalf of the Transportation Benefit District. Council
further authorizes the City Manager to execute an interlocal agreement with the Transportation
Benefit District for continued staff support.
Ordinance 3319
Page 3 of 3
SECTION 5. 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 of any other section, sentence, clause, or phrase of
this ordinance.
SECTION 7. Notwithstanding any provisions to the contrary in Chapter 1.01.015 of the
Port Townsend Municipal Code, staff and the Code Reviser are authorized to update and
incorporate changes adopted in the Port Townsend Municipal Code. Staff and the Code Reviser
are further authorized to make non -substantive edits related to numbering, grammar, spelling,
and formatting consistent with this ordinance.
SECTION 7. This ordinance shall take effect and be in force five days following its
publication in the manner provided by law.
ADOPTED by the City Council of the City of Port Townsend, Washington, at a special
meeting thereof, held this 241h day of July 2023.
Attest:
David J. Faber
Mayor
Approved as to Form:
Alyssa Rodrigues Heidi Greenwood
City Clerk City Attorney
Exhibit A
12.50.010
Establishment of Transportation Benefit District.
12.50.020
Governing Board.
12.50.030
Authority of the District.
12.50.040
Transportation Improvements Funded.
12.50.050
Dissolution of District.
12.50.060
Liberal Construction.
12.50.010 Establishment of Transportation Benefit District.
There is created a Transportation Benefit District to be known as the Port Townsend
Transportation Benefit District or "district" with geographical boundaries comprised of the
corporate limits of the City as they currently exist or as they may exist following future
annexations.
12.50.020 Governing body.
A. The governing board "Board" of the District shall be the members of the Port Townsend City
Council acting, in an ex officio and independent capacity, which shall have the authority to
exercise the statutory powers set forth in Chapter 36.73 RCW.
B. The treasurer of the Transportation Benefit District shall be the City Finance and Technology
Services Director. As such, the City Finance and Technology Services Director shall establish
those funds and accounts on behalf of the District as required and shall disburse funds and pay
claims as approved by the District and prepare and maintain such accounts that are appropriate or
required by state or federal law.
C. The City Clerk shall serve as the clerk of the governing board of the District.
D. The City Attorney will serve as the legal advisor to the District except when separate counsel
is engaged by the District.
E. The Board shall develop a material change policy to address major plan changes that affect
project delivery or the ability to finance the plan, pursuant to the requirements set forth in RCW
36.73.160(1).
F. Meetings of the Board shall be governed by the procedural rules applicable to meetings of the
City Council, as these rules may be amended by the City Council from time to time. Board
actions shall be taken in the same manner and follow the same procedure as for the adoption of
City Council resolutions. Meetings of the Board shall, whenever possible, take place on the same
dates scheduled for City Council meetings.
G. The Board shall issue an annual report, pursuant to the requirements of RCW 36.73.160(2).
12.50.030 Authority of the Board
The Board shall have and exercise all powers and functions provided by Chapter 36.73 to fulfill
the functions of the District, including without limitation the power to request voter approval
of, and thereafter impose and collect, a sales and use tax in accordance with RCW 82.14.0455.
12.50.040 Transportation improvements funded.
The funds generated by the Transportation Benefit District shall be used for transportation
improvements that preserve, maintain, and operate the existing transportation infrastructure of
the City, consistent with the requirements of Chapter 36.73 RCW. The funds may be utilized for
any lawful purpose under the chapter; but all funds raised through the TBD shall be expended
only for such preservation, maintenance and operation in accordance with the provisions of
Chapter 36.73 RCW as the same exists or is hereafter amended. The funds expended by the
district shall preserve, maintain and operate the City's previous investments in the transportation
infrastructure, reduce the risk of transportation facility failure, improve safety, continue the cost-
effectiveness of the City's infrastructure investments, and continue the optimal performance of
the transportation system. Additional transportation improvement projects may be funded only
after compliance with the provisions of RCW 36.73.050(2)(b) following notice, public hearing
and enactment of an authorizing ordinance.
12.50.050 Dissolution of district.
The Transportation Benefit District shall be automatically dissolved when all indebtedness of the
district has been retired and when all of the district's anticipated responsibilities have been
satisfied. Street preservation, maintenance and operation are ongoing, long-term obligations of
the City.
12.50.603 Liberal construction.
As authorized pursuant to RCW 36.73, this chapter shall be liberally constructed to permit the
accomplishment of its purposes.
From:
Gretchen Harmon
To:
Alvssa Rodrigues
Subject:
Contact Us Form Submission
Date:
Monday, 3uly 24, 2023 10:53:09 AM
From: Website Form<porttownsend -wa@municodeweb.com>
Sent: Friday, July 21, 2023 7:35 PM
To: Webmaster <Webmaster@cityofpt.us>
Subject: Contact Us Form Submission
Submitted on Friday, July 21, 2023 - 7:34pm
Submitted by anonymous user: 166.137.163.70
Submitted values are:
First Name PT
Last Name Resident
Email cit council Q cit ofpt.us
Question/Comment
General Public Comment for Monday
Hey Team, a quote from your agenda bill 23-200:
"Given, the city of Port Townsend has a high degree of tourism whom use the street system, a
sales tax is a more equitable revenue raising approach."
1. Spell check your agenda bill.
2. Diversity - Stick to your mandates instead of "diversifying" into areas you have no knowledge of
such as hiring consultants and non-essential staff, and I bet there would be plenty of money to fix
the roads.
3. Equity - I'm surprised you didn't use "Equity" instead of "equitable" in the agenda bill. Kudos for
that and actually using the term correctly. There may be hope.
3. Inclusion - Raising local sales tax; there goes the "Inclusion" part of locals on a budget actually
affording to shop locally.
Most government officials believe raising taxes, creating special districts, etc., is the only way to
solve problems. Those techniques only make things worse and less affordable which creates
more problems for you to "attempt" to solve thus wasting more taxpayer money. Good
government officials find solutions by eliminating unnecessary spending, working within their
budget and focusing on their mandates instead of feel -good things that rarely work and become
unsustainable. Case in point; we pay the city to keep the right of ways mowed for traffic control. It
now appears the City is throwing that task back to the property owner who technically has "no
right" to the property. And to rub salt in the wound, the property owner will be fined if they don't
keep it up to City standards? Really? Can I fine the City for not keeping up the roads up to my
standards? I smell a lawsuit.
The results of this submission may be viewed at:
111y
(f port
Townsen
Submitted By: Emma Bolin
Department: Planning and Community
Agenda Bill AB23-197
Meeting Date: July 17, 2023
Agenda Item: VIII.A and VIILB
® Regular Business Meeting
❑ Workshop/Study Session
❑ Special Business Meeting
Date Submitted: July 12, 2023
Contact Phone: 360-390-4048
SUBJECT: Move to approve second reading of Ordinance 3317 Related to Peace,
Morals, and Safety Repealing Chapters 9.08- Nuisances, 9.10 Punishment and
Abatement of Nuisances, 9.12- Burning Permits, 9.16- Storage of Petroleum Products,
and 9.32- Malt Liquor Sales and Distribution of the Port Townsend Municipal Code and
Adopting a New Chapter 9.08 Nuisances and Ordinance 3318 Related to Minor
Landscaping in the Right of Way and Amending Sections 12.04.030 and 12.04.075 of
the Port Townsend Municipal Code
CATEGORY: BUDGET IMPACT:
❑ Consent ❑ Resolution Expenditure Amount: $
❑ Staff Report ❑x Ordinance Included in Budget? Yes ❑ No ❑
❑ Contract Approval ❑ Other:
❑ Public Hearing (Legislative, unless otherwise noted)
❑ 3 -Year Strategic Plan: N/A
SUMMARY STATEMENT: Public Works and Department of Planning and Community
Development staff presents our recommendation to repeal and replace the City's
Nuisance code, Chapter 9.08 Port Townsend Municipal Code (PTMC) as well as
repealing other obsolete chapters in Title 9 PTMC. While this may appear as a major
rewrite of the code, it primarily focuses on organizational improvements and the removal
of outdated provisions, rather than substantial changes. The need for this update arose
from right-of-way (ROW) maintenance concerns that initiated a broader discussion on
enhancing efficiency and safety within our City.
CHANGES FOR SECOND READING:
• 9.08.030(E)(1): Added "outdoor" to clarify location of unattended or discarded
refrigerators.
• 9.08.030(H): Added "belonging to another person" to allow for people to attach
materials to their own vehicle.
• 9.08.030(1)(2): Removed list of recreational vehicles in item A, as this is already
stated in the definition of recreational vehicle in 9.08.010. Added "except when
stored inside of a garage or other enclosed structure" to items A and C to clarify
that additional boats and RV are permitted when in a garage. Added "stored" to
item B to provide clarification, and also added "side or rear" to specify which
property lines setback applies to.
RECAP OF GOALS STATED IN FIRST READING: Through extensive staff
brainstorming, we have identified the following goals and reasons for incorporating
ROW maintenance into the nuisance code -
1 .
ode:1. Efficient use of City staff time and resources: Currently, approximately one-third
of all street maintenance time is dedicated to vegetation management in the
ROW. By integrating ROW maintenance into the nuisance code, we can redirect
our attention towards more critical street repairs, ensuring the efficient utilization
of City staff time and resources.
2. Equity: The majority of residents diligently maintain their right of way, resulting in
a City subsidy for those who do not comply, often including large vacant lots or
tracts. Incorporating ROW maintenance into the nuisance code ensures a fair
and equitable approach, where all property owners are responsible for the
upkeep of their respective ROW areas.
3. City machinery impact: We have discussed the issue of City machinery causing
harm to plants with the Parks Board. By including ROW maintenance in the
nuisance code, we can address this concern, promoting better practices and
mitigating potential harm to vegetation within the right of way.
4. Enforcement capabilities: The inclusion of ROW maintenance in the nuisance
code enables the City to enforce compliance when property owners fail to
adequately maintain their ROW areas. This will help ensure that the ROW
remains safe and accessible for pedestrians and the traveling public.
Our overarching goal is to ensure that property owners maintain their ROW areas in a
manner that is safe and accessible to the traveling public. As we move forward, we
must consider the following reasons for repealing and replacing the entire nuisance
code chapter, rather than making narrow changes -
1 .
hanges:1. Outdated and disorganized code: The current nuisance code is outdated,
repetitive, and lacks proper organization. A comprehensive repeal and
replacement will streamline the code, making it more efficient for both the City
staff and the community to navigate and utilize.
2. Language improvements: The code requires linguistic enhancements to ensure
its effectiveness. Repealing and replacing the code allows us to incorporate
improved language that aligns with the present-day needs and expectations of
our community.
3. Code conflicts: The existing code conflicts with other sections within our
municipal regulations. A holistic repeal and replacement approach will allow us to
resolve these conflicts and create a harmonious and consistent regulatory
framework.
To address the gaps in the current nuisance code and better serve our community, the
proposed updated code includes new sections that specifically address the following
issues:
1. Right-of-way maintenance: a. Vegetation over walkways and in the clear vision
area b. Grass in the right-of-way and ditches.
2. Buildings and structures: a. Unsafe and damaged buildings b. Partially
constructed buildings c. Lack of water and sanitation d. Buildings open to the
elements.
3. Regulations on storing RVs to preserve lot area for housing density. The Culture
and Society Committee recommended that staff consider an additional allowance
for situations in which a property owner stores a travel trailer AND/OR a boat
greater than 18 feet in length. They also recommended language that would
regulate where an allowed RV over 8 feet in height may be stored within five feet
of a property line. These additional provisions help promote good neighbors so
that one landowner does not unreasonably interfere with another's use and
enjoyment of land.
Additionally, the revised code incorporates a new section for Minor Nuisance
Enforcement. This section introduces appropriate fines to encourage quick voluntary
compliance and reasonable penalties in cases of non-compliance.
Our recommendation to repeal and replace the nuisance code is aimed at creating a
more comprehensive and effective regulatory framework that ensures the maintenance
of our city's ROW areas, promotes safety, and addresses a wider range of nuisances.
Our City Code Compliance Officer has been invaluable in assisting with outreach and
education so that people understand why the codes exist and how to comply so that
enforcement is a last resort. Their outreach will include non-resident property owners of
vacant land who have not been maintaining the right-of-way adjacent to their lots. By
modernizing the code, we will streamline its use for the community, encourage voluntary
compliance, and protect the health and well-being of our residents.
ATTACHMENTS:
1. Ordinance 3317, with Exhibit A
2. Ordinance 3318
3. Nuisance Code Exhibit F
4. Brochure Right of Way Maintenance Requirements
5. Nuisance Code Update Presentation
CITY COUNCIL COMMITTEE RECOMMENDATION: On June 14, 2023, the Council
Culture and Society reviewed the draft ordinance and referred to full Council first review
with suggestions for ordinance improvement.
RECOMMENDED ACTION:
Move to approve second reading of Ordinance 3317 Related to Peace, Morals,
and Safety Repealing Chapters 9.08- Nuisances, 9.10 Punishment and
Abatement of Nuisances, 9.12- Burning Permits, 9.16- Storage of Petroleum
Products, and 9.32- Malt Liquor Sales and Distribution of the Port Townsend
Municipal Code and Adopting a New Chapter 9.08 Nuisances.
• Move to approve second reading of Ordinance 3318 Related to Minor
Landscaping in the Right of Way and Amending Sections 12.04.030 and
12.04.075 of the Port Townsend Municipal Code
ALTERNATIVES:
❑ Take No Action ❑ Refer to Committee ❑x Refer to Staff ❑x Postpone Action
❑ Remove from Consent Agenda ❑x Waive Council Rules and approve Ordinance 3317
❑ Other:
Ordinance 3317
Page 1 of 2
Ordinance 3317
AN ORDINANCE OF THE CITY OF PORT TOWNSEND, WASHINGTON,
RELATED TO PEACE, MORALS, AND SAFETY REPEALING CHAPTERS 9.08 —
NUISANCES, 9.10 - PUNISHMENT AND ABATEMENT OF NUISANCES, 9.12 -
BURNING PERMITS, 9.16 - STORAGE OF PETROLEUM PRODUCTS, AND 9.32 -
MALT LIQUOR SALES AND DISTRIBUTION OF THE PORT TOWNSEND
MUNICIPAL CODE AND ADOPTING A NEW CHAPTER 9.08 NUISANCES
Recitals:
A. Chapter 9.08 - Nuisances of the Port Townsend Municipal Code has provisions that
date to 1895 and is disorganized, repetitive, and in need of revision.
B. Chapter 9.10 - Punishment and Abatement of Nuisances dates from 1978 and is
duplicative of Chapter 9.08.
C. Chapter 9.12 - Burning Permits dates from 1947, is inconsistent with the Revised
Code of Washington, and is obsolete since the Port Townsend was annexed by East
Jefferson Fire and Rescue.
D. Chapter 9.16 - Storage of Petroleum Products dates from 1911 and is obsolete since
the Department of Ecology regulates the storage of petroleum products.
E. Chapter 9.32 — Malt Liquor Sales and Distribution dates from 1986 and is obsolete
since keg purchases are regulated by the Washington State Liquor and Cannabis
Control Board.
NOW, THEREFORE, the City Council of the City of Port Townsend ordains as
follows:
SECTION 1. Repeal. Chapter 9.08 — Nuisances of the Port Townsend Municipal
Code, which sections are set forth in Exhibit A is hereby repealed.
SECTION 2. Repeal. Chapter 9.10 — Punishment and Abatement of Nuisances of
the Port Townsend Municipal Code, which sections are set forth in Exhibit B is hereby repealed.
SECTION 3. Repeal. Chapter 9.12 — Burning Permits of the Port Townsend
Municipal Code, which sections are set forth in Exhibit C is hereby repealed.
SECTION 4. Repeal. Chapter 9.16 — Storage of Petroleum Products of the Port
Townsend Municipal Code, which sections are set forth in Exhibit D is hereby repealed.
SECTION 5. Repeal. Chapter 9.32 — Malt Liquor Sales and Distribution of the Port
Townsend Municipal Code, which sections are set forth in Exhibit E is hereby repealed.
SECTION 6. A new Chapter 9.08 - Nuisances of the City of Port Townsend Municipal
Code is hereby enacted as shown in Exhibit F.
Ordinance 3317
Page 2 of 2
SECTION 7. 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 of any other section, sentence, clause, or phrase
of this ordinance.
SECTION 8. Notwithstanding any provisions to the contrary in Chapter 1.01.015 of the
Port Townsend Municipal Code, staff and the Code Reviser are authorized to update and
incorporate changes adopted in the Port Townsend Municipal Code. Staff and the Code Reviser
are further authorized to make non -substantive edits related to numbering, grammar, spelling,
and formatting consistent with this ordinance.
SECTION 9. This ordinance shall take effect and be in force five days following its
publication in the manner provided by law.
ADOPTED by the City Council of the City of Port Townsend, Washington, at a regular
meeting thereof, held this 17th day of July 2023.
Attest:
David J. Faber
Mayor
Approved as to Form:
Alyssa Rodrigues Heidi Greenwood
City Clerk City Attorney
Exhibit A
9.08.020
n n4
n n4
9.08 .050
n n4
9.n4
n n4
n n4
��z
9.08
9.n4
n3n
nnn
ntin
non
inn
i 2n
i 3n
inn
Types
Pfohibite,a
mooring
E- fefeei
Abatement
immediate
Polieo
Fire
Fife
Fire
„f,,,,;�
,
liyesteek
e*t
by
-danger-
ehie f e*ee
hazards-.
h„i�afd
hazard
,, o
*dti t
and
Notice.
te eity.
4iye
Nvtiee
F�;1, r -e
fe
o ffieo,-
t6-aba+e.
to pay
4
abatement.
Best 6rabatement.
The pr-evisions
n nQ
n1 n
of
this ehapter-
are
in addition
to and do not
lifnit t4e
pr-evisions
of Ghapter-
9.10
The words
fellowiffg
and
De fil itiol
phrases
s
tised
in t4is
ehapter-,
tinless t4e eente*t
et4efwise
indieates,
shall
have t4e
A. "Abate"
to
destroy
the
means
repair-,
r-eplaee,
r-emove,
or- ath
-ly
eanditiffil
M
plaster-,
m-&+erlals.
br-iek,
eement,
asphalt,
eefter-ete
bleek, r-eef4ng mater-ial,
ea -ns
of paint
and sifnilar-
designated
by
the
w, „r- of
the
�3�
er-
•
ft.
NOR lop-IMMM.
i=
M-1
.
00.
W.
M
"
-M
is
S
Ml
I
y
,
- �w
-
-
i
.
y
y
I•
I. .
I•
IM
�.
III,
IZ
ON M.
I•
I•
11110. VON,
I IM
I•
y
�
9.08.030
A. 14 is tinlawftil
Prohibited
for-
-onduet.
ible per
-soft
or- owner-
to
tain, Stiffer-,
eaffy
oft or-
6r- t4ings
deelirt2E
by
t4is ehaptcrto
be
a p4l-ie
B. h is tinlawftil
for- any
per -soft to
ift, eaffy
oft or-
do
any
of t4e
aets or- t4ings
9.08.040
Alhoe-vef
Keeping
shall keep,
livestoeli
tfse
mid
of mai*tai*
fowl.
w4hi*
�he
efi-, a -Hy t3e*,
ly
stable,
let,
plaee
of pr-emfises
f*
9.08.050
Enfor-e
..
following
fefffl:
ent NotiFe.
NOTICE
nn t
n s�
TO
44 n WF
or agent,or-
ABATE
rr
T NS n
CONDITION
lessee „to,-
FL
�,per-softeee"y
,-
a ,;„n
,.�
a -no
or -„t,
-„l
tinder
following
rvrrv�diir�C-6ircc'rt-t6sC-6mrar�t�zsrc�n$ci�ivirrvrr'cr�.rcct-t6�vr�cct-I-6s
tinder
-signed p
-signed
,a'
within
„t to Chapter-
„tFafy
i n days
s
ti
of tre
Townsend
f �
ivtt
se
Gity
u-ao
Aa,,,,;..ipal
f c
-ab -4e
scicn
of
e
c „ o-vf
t e Peet
tris
not
D4e
(Name
By
of-fieef)
of e*fefeeme*t
,
IR
�.
•
..•
•�
..• ••
-
Milli
�-1-
JZ�-
woull
.
• • ••
1 1 ! 1
• i
• • T
• • T
•WNIIIIIIIIIIIIIIINIVIS
• • •
•
•
I•
i
1 1 ! 1
•
Exhibit B
. „
IN
Exhibit C
,:
Exhibit D
..110,
W-MINNOWN",
�.
M.
Exhibit E
Seet-ie*si
9.32.010 Mak li"er-
9.32.020 Sale of malt
9.32.030 Pur-ehaser-'s
9.32 Violation
defined.
li"of
duties.
Pena-
Keg
-s-.
.050
9.32.010 A4n!t liquor-
"Malt liEltier-22
defined.
ineledes,
bet
is limited
te,
beer-,
beer-,
means
and
fiet
str-eng
ale,
steet and
•
(Or -d. 2047 1, 1986).
fetir- gallefis or- fner-e
of malt li"er-,
or-
leases
kegs or-
et4er-
eentainer-s
whieh
hold f9tir-
gallefis or
mefe of malt li"of, to
ee*stfmefs
who
afe *ot
liee*sed
tt*def
Chapter-
66.24
RPAI shall
.
Washington ct4e;,a
o„tiAiP-,,t;,,,,
ea
-,a•
2. The pat4ietilar-
ee*stfmed;
address
where t4e
keg or-
eentainer-
will
be physieally
leeated and
3. A swom 44efnex
er- pena'�pe�t
nom
a. The ptir-chaser
is of
legal age
topclr-Ehase,
possess,
or- tise malt
1;..,
e
b. The ptir-ehaser-
will
not allow
any per
-soft tmder-
,
t4e age of 21
years
to eenstffne
t4e
e. The ptir-ehaser-
will
not r-emove
or- ebliter-4e,
or-
allow to be
r-emoved
or- ebliter-4ed,
t
ref,
name,
liEefiseto the
depa
204 7 2, 1946).
awes and
ver's
fitiffiber- paliee
l4___efit. (Or -d.
§
9x.030 n,,..,.h.,ser's
dugs.
of malt li"Of
shall
i
A. Be of legal
age
to
ptifehase, possess of tise
malt li"or-;
B. Not allow
r RPAI 66.4
a*y
4.270;
per -soft
tinder- the age of 21
years to eenstifne the
bever-age e*eept as pr-evided
•
9.32.040 Form
T -AV nN nn
z
PATE:
ED
SELLER:
NAME ME OF PURCHASER:
STOR
of
deelfir-fition find r-eeeipt.
•
-- - -- -- - - --- - - -- - - -
- ---
- - - -
..
►rim � . . • • _
� � � �.
�� �� � �.
•'-
Ordinance 3318
Page 1 of 3
Ordinance 3318
AN ORDINANCE OF THE CITY OF PORT TOWNSEND, WASHINGTON,
RELATED TO MINOR LANDSCAPING IN THE RIGHT OF WAY AND
AMENDING SECTIONS 12.04.030 AND 12.04.075 OF THE PORT TOWNSEND
MUNICIPAL CODE
Recitals:
1. Amendments to the City of Port Townsend Nuisance Code (Chapter 9.08) to include
right-of-way maintenance require further amendments to Chapter 12.04 Transportation and
Right -of -Way to ensure that code provisions do not conflict.
2. This ordinance adds a definition for clear vision area and further clarifies the
landscaping allowed in the clear vision area.
NOW, THEREFORE, the City Council of the City of Port Townsend ordains as
follows:
SECTION 1. Amendment. Section 12.04.030(B) — Specific Definitions of the Port
Townsend Municipal Code is amended in substantially the same form as set forth below:
"City street standards" means those standards for right-of-way and transportation system
constriction and improvement set forth in this chapter and in the city of Port Townsend
"Engineering Design Standards Manual," adopted by reference in PTMC 12.04.040, together
with any other requirements for streets provided by other ordinances of the city.
"Clear vision area" means the area at an intersection with height restrictions imposed on
vegetation, structures, and other sight obstructions to ensure visibility for vehicle operators,
pedestrians, and cyclists, defined as a 20 -foot -by -20 -foot sight triangle as measured from the
edge of pavement or rolling surface as illustrated below.
Edge of street
paveir nemt or _
rolling surface
Street
20 feet i
Clear
vision area
------ IPirpperty Iliirne_-----
Grass, vegetation, and/or
side a,Jk area of aright, off -way
Street 20 feet
ii rntersectiioni Street
Ordinance 3318
Page 2 of 3
"Complete application" means the application form and all accompanying documents, fees and
exhibits required of an applicant by the city for development review purposes, and determined in
writing by the city to be sufficient under PTMC 20.01.110.
SECTION 2. Amendment. Section 12.04.075(C)(3)(a) — Minor Landscaping in the
Right of Way is amended in substantially the same form as set forth below:
a. Does not exceed, and is maintained not to exceed, three feet in height, except within the clear
vision area or within 10 feet of an intersection or a driveway, where it shall not exceed (and is
maintained not to exceed) 30 inches in height. Heights are measured from original grade at the
street surface (and not from the addition of any material).
Exception: To allow for some variation in height, for every 25 feet of frontage, minor
landscaping may extend up to five feet in height for a distance not to exceed five feet in width.
This exception does not apply to toe area within 10 feet of a inter -see ,, the clear vision area
SECTION 3. Amendment. Section 12.04.075(F)(5) -- Departures of the Port
Townsend Municipal Code is amended by changing the exception noted between the first and
second graphics in substantially the same form as set forth below:
Exception: To allow for some variation in height, for every 25 feet of frontage, minor
landscaping may extend up to 5 feet in height for a distance not to exceed 5 feet in width. This
exception does not apply to the area within 10 feet of ar ii—t -so, fthe clear vision area.
SECTION 4. 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 of any other section, sentence, clause, or phrase
of this ordinance.
SECTION 5. Notwithstanding any provisions to the contrary in Chapter 1.01.015 of the
Port Townsend Municipal Code, staff and the Code Reviser are authorized to update and
incorporate changes adopted in the Port Townsend Municipal Code. Staff and the Code Reviser
are further authorized to make non -substantive edits related to numbering, grammar, spelling,
and formatting consistent with this ordinance.
SECTION 6. This ordinance shall take effect and be in force five days following its
publication in the manner provided by law.
ADOPTED by the City Council of the City of Port Townsend, Washington, at a regular
meeting thereof, held this 17th day of July 2023.
David J. Faber
Mayor
Attest: Approved as to Form:
Ordinance 3318
Page 3 of 3
Alyssa Rodrigues Heidi Greenwood
City Clerk City Attorney
Chapter 9.08
NUISANCES
Sections:
9.08.010 Definitions
9.08.020 Nuisances Prohibited.
9.08.030 Types of nuisances.
9.08.040 Enforcement.
9.08.010 Definitions.
As used in this chapter, the following terms have the meanings set forth in this section, unless a
different meaning is clearly indicated by the context.
A. "Apparently Inoperable" means a vehicle that does not appear to comply with requirements
for safe and legal operation on public streets or highways with regard to licensing, registration,
brakes, lights, tires, safety glass, or other safety equipment; or other circumstances or conditions
that are evidence the vehicle is not currently operable, including but not limited to the passenger
compartment filled with trash or debris, vegetation growing inside, around or on the vehicle, or
other evidence that the vehicle has not been moved for an extended period of time.
"Attractive nuisance" means any object or condition that constitutes a hazard or danger, is
accessible to unauthorized persons, and tends to draw attention or entices.
"Director" includes, but is not limited to, the Chief of the Police Department, Director of the
Public Works, the Department of Planning and Community Development, and their designee(s).
"Recreational vehicle" means a vehicular -type unit primarily designed for recreational, camping,
or travel use that has either its own motive power or is mounted on or drawn by another vehicle.
Types of recreational vehicles include but are not limited to travel trailers, truck campers, and
motor homes. This term does not include "tiny houses on wheels" as defined in Chapter 17.08
Port Townsend Municipal Code as amended.
"Vehicle" 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, but not be limited to, automobiles, bicycles, motorcycles, trucks, motorized
recreational vehicles, campers, travel trailers, boats on or off trailers, utility trailers, or other
vehicles defined as such in Title 46 RCW. Campers, if removed from the towing vehicle and
stored separately, are counted as a separate vehicle.
9.08.020 Prohibited Conduct.
It is unlawful for any person to erect, contrive, cause, continue, deposit, maintain, or permit to
exist any nuisance within the City including on the property of any person or upon any public
rights-of-way.
9.08.030 Types of Nuisances.
The following acts, omissions, places, conditions, and things are declared to be nuisances:
A. Vegetation.
Page 1 of 5
Overgrown, uncultivated, or untended vegetation of any type that substantially covers
structures on the property or substantially blocks or impedes access to structures on the
property.
2. Trees, shrubs, vines, or other vegetation that destroy, impair, interfere, restrict the
visibility, use or access to, or constitute a danger to streets, sidewalks, public trails,
sewers, utility poles, street trees, fire hydrants or any other public improvements.
Noxious weeds as defined in Chapter 16-750 WAC, as amended, or as required for
removal or control by the Jefferson County Noxious Weed Control Board.
4. Accumulation of vegetation waste, including, but not limited to, grass clippings, cut
brush, cut trees, and/or cut weeds, except when in an enclosed container or in a
managed composting operation.
Vegetation, or parts thereof, that hang lower than eight feet above any public
walkway, path or sidewalk; or hang lower than 15 feet above any street; or that are
growing in such a manner as to obstruct or impair the free and full use of any public
walkway, sidewalk, or street.
�. Vegetation greater than 30 inches in height within the clear vision area, as defined by
PTMC 12.04.030, that blocks or impairs motorist, cyclist, or pedestrian visibility.
7. Grass in the public right-of-way greater than twelve inches in height or other
vegetation in the public right-of-way not maintained to requirements established in
PTMC 12.04.075(C), as amended.
Roadside ditches in which the grass is greater than twelve inches in height; or contains
vegetation other than grass that interferes with the City's periodic maintenance of
ditches, unless the vegetation was permitted as a rain garden or stormwater treatment
facility.
B. Buildings, structures, and improvements.
Any building, structure, dwelling, or improvement, or portion thereof, that is decayed,
dilapidated, unsafe, damaged, or in disrepair, to the extent that it poses a threat of
collapse, structural failure, or falling.
Any partially constructed building, structure, dwelling, or improvement, or portion
thereof that has been left unattended and unfinished for more than 90 continuous days.
Any building, structure, dwelling, or improvement, or portion thereof, used for
habitation that does not have functioning electricity, water, or sanitation services.
4. All vacant, unused, or unoccupied buildings, structures, dwellings, or improvements
that are allowed to become or to remain open to entrance by unauthorized persons,
wildlife, or the general public.
C. Accumulations of garbage and materials.
Any accumulation, stack, or pile of building or construction materials not associated
with a current, in -progress project and not in a lawful storage structure or container.
2. Any accumulation of broken, discarded, inoperable, or neglected items or parts
thereof, including, but not limited to, household furniture, furnishings, equipment,
Page 2 of 5
appliances, machinery, litter, salvage materials, or junk not in an approved enclosed
structure, container, or waste receptacle.
Any garbage, waste, refuse, litter, debris, recyclables, rubble, or other materials, or
combination thereof, not in an approved enclosed structure, container, or waste
receptacle.
4. Any accumulation of materials or objects, including dry vegetation, in a manner that
endangers property or safety, or constitutes a fire hazard as determined by the fire code
official or East Jefferson Fire and Rescue.
D. The erecting, maintaining, using, placing, depositing, leaving or permitting to be or remain in
or upon any private lot, building, structure or premises, or in or upon any street, alley, sidewalk,
park, parkway, or other public or private place in the city, any one or more of the following
disorderly, disturbing, unsanitary, disease -causing places, conditions or things:
Any unsound, putrid, or unwholesome bone, meat, hides, skin, or the whole or parts of
any dead animal or fish or the offal, garbage, or other offensive parts of any animals.
2. Any materials, garbage, waste, refuse, litter, or debris in which insects may breed or
multiply or which may provide harborage for rats or other vermin.
3. Any open drain, sewer, or septic tank that emits any noxious, foul, offensive, injurious,
unpleasant, or disagreeable odor or substance.
4. Any noxious, foul, or putrid substance.
E. Dangerous or hazardous conditions.
The existence on any outdoor premises, in a place accessible to children, of any
unattended or discarded icebox, refrigerator or other large appliance;
2. Any excavated or naturally occurring hole, vault, sump, pit, well, or any other similar
condition, that is not fenced or otherwise secured to prevent access.
Allowing, creating or maintaining the existence of an attractive nuisance.
4. The existence on any premises of any abandoned or unused well, cistern or storage
tank without first demolishing or removing from the city such storage tank or securely
closing and barring any entrance or trapdoor thereto or without filling any well or
cistern or capping the same with sufficient security to prevent access thereto by
children.
F. Streets, sidewalks, and public rights-of-way.
Any condition in which the abutting property owner fails to maintain the public right
of way, including but not limited to vegetation maintenance, litter removal, and
sidewalk maintenance, from the frontage directly adjacent to their property and
extending to the centerline of the adjacent right-of-way, excluding street surface of
City maintained streets.
2. Any protrusion, awning, or overhang that inhibits or obstructs use of a public walkway
or sidewalk unless otherwise permitted.
Page 3 of 5
3. Any object, construction, damage, condition, or act that interferes with, inhibits,
obstructs, or renders dangerous the use of a public walkway, sidewalk, street, alley and
rights-of-way.
4. Any fence, wall, arbor, hedge or other partially or totally sight -obscuring installation
or feature over 30 inches in height within a clear vision area, defined as a 20 -foot -by -
20 -foot sight triangle measured from the edge of the road surface.
5. The existence of a sidewalk or a portion of a sidewalk adjacent to any premises which
is out of repair, and in a condition to endanger persons or property, or in a condition to
interfere with the public convenience in the use of such sidewalk, including but not
limited to uncleared snow or ice.
6. The existence of any obstruction to a street, alley, crossing or sidewalk, or public
right-of-way, and any excavation in or under any street, alley, crossing or sidewalk, or
public right-of-way, which is by ordinance prohibited, or which is made without
lawful permission, or which, having been made by lawful permission, is kept and
maintained after the purpose thereof has been accomplished, and for an unreasonable
length of time;
7. The existence of any drainage onto or over any sidewalk or public pedestrian way.
G. Animals.
Feeding of wild geese, ducks, gulls, deer, and other wildlife, which feeding results in
aggressive behavior toward humans or other animals, or in the deposit of refuse,
debris, fecal matter, or other offensive substance in any place in the city, to the
prejudice or annoyance of any person, or which impedes the safe flow of vehicle and
pedestrian traffic.
2. Keeping, using or maintaining within the city any pen, stable, lot, place or premises in
which any hogs, cattle, or fowls may be confined or kept in such manner as to be
nauseous, foul or offensive to a reasonable person.
Riding or leading horses upon the sidewalks or parking strips anywhere within the city
limits;
H. Throwing, placing, attaching, hanging, posting or depositing upon any motor vehicle
belonging to another person, telephone pole, power pole, street light pole or similar utility pole
or structure, any handbill, poster, printed or written matter, any sample, advertising matter,
circular, leaflet, pamphlet, paper, booklet or any other printed or otherwise reproduced original
or copy of any matter of literature, except that this provision shall not be construed to:
Prohibit the identification of a firm or its products on a vehicle, and
2. Prohibit signs upon utility poles for utility identification or similar purposes.
L Motor vehicles.
The existence or maintenance on any premises of a storage area, junk yard or dumping
ground for the wrecking or disassembling of automobiles, trucks, trailers, recreational
vehicles, boats, tractors or other vehicle or machinery of any kind, or for the storing or
leaving of worn out, wrecked, junk, apparently inoperable, or abandoned automobiles,
trucks, trailers, recreational vehicles, boats, tractors or other vehicles or machinery of
Page 4 of 5
any kind or of any major parts thereof, except as allowed by the other ordinances of
the city.
I Storage of the following on a single-family residential lot:
�. More than one t+ai,el t+ailer-, ek eafnpeF, fnateF home, eF ether
recreational vehicle, except when stored inside of a garage or other enclosed
structure. t44 is designed „ tefnpeFat—, dwelling f9F off sit,
E. A recreational vehicle or boat greater than 8 feet in height stored within 5
feet of a side or rear property line.
c. More than one boat greater than 18 feet in length, except when stored inside
of a_garage or other enclosed structure, or the storing of a boat in an
unstable manner.
9.08.040 Enforcement.
A. Director's Authority. Whenever the enforcement officer determines that a condition exists in
violation of this chapter or any standard required to be adhered to by this chapter, or in violation
of any permit issued hereunder, the enforcement officer is authorized to enforce the provisions of
this chapter.
B. Chapter 1.20 PTMC Applicable. All violations of any provision of this chapter or
incorporated standards, or of any permit or license issued hereunder, are declared nuisances and
made subject to the administration and enforcement provisions of Chapter 1.20 PTMC, including
any amendments, and including but not limited to abatement, criminal penalty, and civil penalty
as set forth in Chapter 1.20 PTMC, which are incorporated by reference as if set forth herein.
C. In addition to the provisions of Chapter 1.20 of the Port Townsend Municipal Code, any
person maintaining a minor public nuisance after receiving 21 days' notice shall be deemed to
have committed a civil infraction as established in Chapter 7.80 RCW and subject to the
procedures set forth in Chapter 7.80 RCW and applicable court rules.
1. Minor nuisance criteria. Any violation of this chapter that is minor in nature, can
typically be abated in 1-3 days effort, and can typically be abated within the 21 days'
notice.
2. The penalty for a first minor nuisance violation shall be $66.00. The penalty for a
second minor nuisance violation within a one-year period shall be $114.00. The penalty
for a third minor nuisance violation within a one-year period shall be $209.00. The
penalties may be reduced, suspended or deferred in the discretion of the court.
Page 5 of 5
What is a public right-of-way?
. A ROW is an easement for public travel,
utilities, and open space.
. Abutting property owners have
maintainence rights and responsibilities
typically to the edge of the street surface
(or centerline of the right-of-way if there
is no street).
. ROWs may contain improvements such as
public utilities, roads, sidewalks, bike or
pedestrian trails. Some ROWS contain no
improvements.
. Many ROWS serve as valuable open space
for urban forests and wildlife habitat.
View your estimated property
boundaries and measure your ROW
centerline using the City's
transportation map:
ci tyoi IFr i:, irr"o aps, a irc!,is, coirT�o
When is a permit required?
A Minor Improvement Permit is required:
• To apply herbicide in a ROW.
• To establish gravel or paved parking in
the ROW.
• To install raised beds, hardscaping,
pavers, or planting walls in the ROW.
• To establish a rain garden in ROW.
• To grade roadsides
A no fee ROW Tree Permit is required
to plant, prune, or remove trees in a ROW
Rain garden with low vegetation allows for
clear sight lines at intersection
Want to beautify your ROW? See
our Landscaping in the ROW
brochure for more information.
city0f ori de Townsen
Right -of -Way Maintenance
Requirements
Property owner responsibilities for
maintaining public rights-of-way.
Property owner ROW responsibilities ROW vegetation Keep Sight Lines clear!
Maintenance Requirements
Adjacent property owners are required to
maintain the public ROW from their property
line to the centerline of the ROW, including but
not limited to:
• Vegetation and tree maintenance
• Litter and trash removal
• Sidewalk repair and maintenance,
including removal of snow and ice
Unmaintained sidewalk blocks pedestrian
and wheelchair access
Public Works Department ROW Responsibilities
• Most street surfaces*
• Water and sewer utilities
• Stormwater infrastructure, including
periodic maintenance of roadside
ditches
• Only trees in downtown sidewalk
planters
Not all roads are maintained by the
city.
. Keep grass mowed to 12 inches or less
in height, including roadside ditches.
. Trim trees and vegetation to allow for a
minimum clearance of 8 f eet over
sidewalks and 15 feet over streets.
. Control and/or remove noxious weeds
(permit required to apply herbicide).
. Meet the requirements for
"minor landscaping" as defined in PTMC
12.040.075C See the Landscaping in the
right-of-way brochure for more
information.
. Remove d ead, diseased, o r d yi ng trees
(permit required). See Trees in right-of-
way brochure for more information.
Property owners are required to maintain
the "clear vision area" at intersections
to allow motorists, cyclists, and
pedestrians to have a clear view of
oncoming traffic
As illustrated below, the clear vision area
is measured from the corner edge of the
street surface (pavement or gravel) 20
feet in both directions, and may also
include private property.
In the clear vision area, vegetation and
other obstructions shall not exceed 30
inches in height and tree limbs shall be
trimmed to a minimum height of 8 feet to
allow for an open view at intersections.
Vegetation in
Right of Way (ROW)
and Clear Vision Area
~� �~������ ����
t 0 1 d �t�~e
The need to incorporate right-of-way
The City has been discussing a
�
Infrastructure and Development
Committee Analysis and Discussion
� Parks' Recreation' Trees' and Traits
Advisory Board Presentation
�
Several newsletter articles in the Spri
of 2023.
� KPTZ
�
City Council Presentation - ]/6/2]
� PTLeaderarticie- ]/8/2]
�
Culture and Society 6/14/23
vv n,r e r� e,.,/ L
Y/
anG, r ei Le"I
the en t"�� re
c h a e r?
Narrow changes adding ROW updates fails to address other
issues:
Code is out of date, repetitive, and disorganized
Code requires improved language to be effective
Code conflicts with other code sections
Repeat and replace is simpler to review, more
streamlined for the community to use and modernizes
the code by removing outdated dead ends.
Jew (ail oae
Sect`bns
Vegetation over walkways and
in the clear vision area
Grass in the right-of-way and
ditches
�)) Buildings and structures
Unsafe and damaged ►
Partially constructed ►
Lack
♦ water and sanitation
�)) Buildings open to the elements
�)) Minor Nuisance Enforcement
/ P
E , , t of c e/ II ed
All violations = same enforcement process
• Request for Voluntary Compliance Letter (staff/Director
time)
• Notice and Order of Violation (staff/Director/City Attorney
time)
• Issue Infraction:
$250+ court fees = $513 dollars total
$513 dollar fine too high for minor violations (such as not
mowing right-of-way)
Above process is time consuming for minor violations, does
not allow for fast resolution
' „d „ 1
nces
Goal: Quick voluntary compliance
and reasonable penalties if non-compliant.
Must meet minor nuisance criteria:
"Any violation of this chapter that is minor in nature,
can typically be abated in 1-3 days effort, and can
typically be abated within the 21 days' notice."
Minor nuisance process: Leave door hanger giving 21
days' notice and mail a copy to property owner. Check
after 21 days. If they fail to abate, issue infraction and
give 14 days' notice. If they fail to abate, issue
infraction and give 7 days' notice.
See next slide for penalty amounts
Continue to use this enforcement process... but add this one for minor violations.
A A
or, i Jllu'IIsance ir-eaft"IIes
0j, If minor nuisance is not abated within 21 days:
0j, $66 penalty for 1st violation ($136 with court fees)
0j, $114 for 2nd violation within 1 year period ($234 with court fees)
oj, $209 for 3rd or subsequent violations within 1 year period ($429
fees)
0j, Same dollar amounts as noise ordinance.
0j, Too high? Too Low?
0j, Court fees are 105% of base penalty
0
aur'i
Peir-olties, air"id Hardships
oj, Reasonable Deadline Extensions Possible:
0j, Someone contacts our office and provides proof they hired a lands
ROW but it is scheduled a few days after deadline.
0j, Court can reduce or dismiss penalties:
M-90=07-7firmM
Iff MOVE I I
0j, City can request the court to dismiss an infraction
tructure.,, limprover
n g s
U 1� L ( Tli`
Goal: Ensure that dangerous and del ipidated buildings do not remain open to the
elements and that habitual units have minimum faciIities.
Abandoned building in danger of collapse
with people squatting inside and fires.
: m I
NONNI
;IF
Partially
constructed >90
buildings left days
unattended
Goat: Ensure that residential lots
are not used as storage areas for
recreational vehicles and boats.
Lot in county
showing over a
dozen RVs
Other oc,,."/e Upc,"ate."; T"�Ile 9
Chapter 9.10 - Duplicate code
Chapter 9.12 Burning Permits - Now regulated by EJFR
Chapter 9.16 Storage of Petroleum Products - Regulated by Dept. of Ecology
Chapter 9.31 Malt Liquor Sales - Now regulated by Liquor and Cannabis
Control Board
j , I I � j
c
ad",, n T t e 12
J a e uiir.�,
Amend 12.04 to clean up and
improve code for landscaping
in ROW
0), Define "Clear vision area": means the
area at an intersection with height
restrictions imposed on vegetation,
structures, and other sight obstructions
to ensure visibilityfor vehicle operators,
pedestrians, and cyclists, defined as a
20 -foot -by -20 -foot sight triangle as
measured from the edge of pavement
or rollingsurface as illustrated below.
0), Other changes as specified
in Ordinance 3250
lEdge of street
pavern e nt or_
rolling surface
Street
20 feet
Meer
[:C,
1'i.n
Street
intersecdoin
m m M
----- PiropeLty Ililne - - - - - -
Grass, vegetation, and/of
sidewalk area ofright, lof-way
Street
j , I I [
oae "�n T'�l e 17
KOM96=1
17.68.030 B: Remove "sidewatkas this is incorrect
description of where to measure from.
MEMO ! M1111117wa�4=16•
This code update wiU be added to a docket when further
updates are made to Titte 17.
From: Scott Walker <walkers@olympus.net>
Sent: Wednesday, July 5, 2023 2:42:48 PM
To: Steve King <sking@cityofpt.us>; John Mauro <JMauro@cityofpt.us>; Emma Bolin
<ebolin@cityofpt.us>
Subject: Council comments
CAUTION: External Email
I sent the following comments to city council and thought you'd like to be in the know also.
Scott
*************
Hi all,
I apologize for not making these comments during council's last meeting but I was unable to secure
a Go -to -meeting connection and had to listen on the phone. Please give due consideration to
following comments before adopting the stated ordinances.
Thank you,
Scott
Comments on updates to Chapter 12.04.030 of the PTMC: Minor Landscaping.
I applaud the city's intent but have a significant issue with it.
One can see that almost every intersection AND the vast majority of right-of-ways
adjacent to pavement are currently non-compliant. More importantly, intersection collision data do
not support that greater site distances make intersections less safe. The shorter the sight distance, the
more a driver slows to ensure a safe crossing. With a sight distance of 20', drivers need not slow
much when entering an intersection. To eliminate unnecessary conflicts with adjacent property
owners and to create safer intersections, a 5-10' sight distance triangle is all that's necessary. Please
experience this for yourself before approving this ordinance.
Comments on updates to Chapter 9.08.030 of the PTMC: Nuisances
Section A. 44:
I don't see how this can be reasonably enforced on large lots or acreage and suggest it be
amended but don't have a recommendation for how.
Section A. 45:
I can see this only being enforceable over sidewalks, though a 6' clearance height is more
easily attained, reasonable, and enforceable if needed. Additionally, it is surely the city's
responsibility to ensure vertical clearance over developed streets.
Section F. 44:
Same "site distance" issue as in 12.04.030.
Section F. 45:
Removal of snow and ice needs the addition of a maximum time for removal; perhaps 24
hours.
Section G. 43:
I can't imagine why you would prohibit horses on public sidewalks and planting strips and
wonder if state law is conflicting with this section.
Section L 42.
I suggest that rather than limiting this section to "single family lot", the property size under
one ownership be detailed since a person could have multiple lots or large lots or acreage.
Section L 2. a.:
That this section will prohibit more than one recreational vehicle is perhaps one vehicle
too little. Consider the possibility of someone owning both an RV and a truck camper. Perhaps it
makes more sense to allow no more than two.
Section L 42. b.:
I can't see the reason for restricting the height of a boat to 12' that is within 5' of a
property line
From:
Emma Bolin
To:
Alvssa Rodrigues
Subject:
FW: Minor comments on changes to Chapter 9.08.030
Date:
Monday, July 17, 2023 3:28:31 PM
Hi Alyssa,
Just received this for public comment tonight for the nuisance code item.
Thanks,
Emma
-----Original Message -----
From: David Ehnebuske <david@ehnebuske.net>
Sent: Monday, July 17, 2023 3:18 PM
To: Emma Bolin <ebolin@cityofpt.us>
Subject: Minor comments on changes to Chapter 9.08.030
CAUTION: External Email
In reading through the proposed new version of Chapter 9.08,030 I offer the following comments for your
consideration.
9.08.030.0.2: It's a common practice in the City for residents to place items they no longer need, but that others
might want, in the ROW and to mark them with a sign saying something like "Free." The text of
9.08.030.0.2 appears to classify all such items as nuisances, even if they are in the ROW for a limited time.
Personally I don't see the "Free" items custom as a nuisance, and hope the intent of the section is not to ban the
practice or to encourage people to call the City when a neighbor places a "Free" item in the ROW for a few days.
Perhaps you could consider an exception?
9.08.030.H.1: With the addition of "belonging to another person" section H, Exception 1 seems redundant. Indeed,
with the added wording it appears to explicitly permit firms to part signs on other people's vehicles. Maybe remove
H.19
David Ehnebuske
111y
(f port
Townsen
Submitted By: Steve King
Agenda Bill AB23-201
Meeting Date: July 24, 2023
Agenda Item: V.A
❑ Regular Business Meeting
❑ Workshop/Study Session
® Special Business Meeting
Date Submitted: July 12, 2023
SUBJECT: Transportation Improvement Board Grant Application Priorities
CATEGORY:
❑ Consent
Staff Report
BUDGET IMPACT: N/A
❑ Resolution Expenditure Amount: $100,000
❑ Ordinance Included in Budget? Yes ❑ No ❑x
Contract Approval ❑x Other: Motion
Public Hearing (Legislative, unless otherwise noted)
3 -Year Strategic Plan: 4 - Ensure sustainable future for public services and facilities
Cost Allocation Fund: 103 Street
SUMMARY STATEMENT:
Every year the City has the opportunity to apply for street improvement grants through
the Transportation Improvement Board (TIB). This grant source is one of the primary
funding sources for street improvements throughout the last 20-30 years. Projects like
F Street, Water Street, and more recently Discovery Road (2021) are largely funded by
the TIB. TIB offers the three following programs available to the City of Port Townsend:
Sidewalk Program (Active Transportation) - $2 million available for all of the west
coast except Puget Sound urban area. — recommended project size < $500,000
Pavement Preservation programs. $1.3 million available for all of the northwest
region — recommended project size < $500,000
Urban Arterial Program - $8.5 million available for region. Recommended project
size < $3.0 million.
Each of these programs has specific eligibility requirements and have grant selection
criteria. The City of Port Townsend is in the NW region which includes the North
Olympic Peninsula as well as the Bellingham area. Grants are highly competitive.
Receiving funding in 2023 will be challenging; however, submitting an application is the
only way to ensure the possibility of receiving funds. Last year the City received a
pavement preservation grant for Tyler Street in Uptown. In 2021, the City received a
UAP grant for Discovery Road.
Key grant criteria depends on the program, but generally includes the following:
• The street must be a Federal Aid route (arterial). See the following link for a map
of Federal Aid routes.
ps://www.wsdot.wa. ov/c�a�a/�oolls/ eo ou°tall/ confii :fuir�c�'iioir�allcllass
,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,q,,,,,,gp,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,q,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,.............................
• For the Urban Arterial program and the pavement preservation program, the
street condition must be poor. There are nuanced requirements under each of
these programs.
• The project will score higher if it addresses a high volume of traffic, pedestrians,
and cyclists.
• The project scores higher if it addresses a safety problem or a substandard
street.
• Under the Sidewalk program, sidewalk projects should connect key facilities and
fill gaps. ADA compliance is a big component of this program.
• All projects must address ADA compliance.
• Projects score higher if it supports growth and development.
City staff are stretched to the maximum and grants are due on August 11th. Thus,
applications will have to be brief in nature. Applications require quite a bit of research
and engineering costs estimates stamped by a PE. The cost of a grant application in
terms of engineering staff time ranges from $5,000 to $10,000. These costs are borne
by the Steet fund. With two other grant applications submitted this year, this will be an
additional cost to the Street fund.
Given the City received UAP and pavement preservation funding, staff is recommending
applying for a sidewalk grant. Additionally, the City does not have adequate match
funding for a larger UAP project. If a Transportation Benefit District is passed, funds
generated from the District could be used to leverage future grant funding.
Sidewalk project (Active Transportation) are typically $500k or less and require a match
up to ($75,000). Staff time to administer the project will require an additional $75,000 in
funding. In review with the Finance Department, staff recommends allocating city
funding using Banked Capacity property tax funds for expected expenditures in 2025 if
the City is successful in securing a grant. Staff considered the following active
transportation projects as a possible fit for grant funding.
McPherson (7th to 9th) - Connect s 9th project an Business park. This project
may not score well as there are no public facilities in the near by vicinity.
2. Sims along the north side between 10th Street and 12th Street. This project
completes several gaps and begins to get sidewalk up to the S -Curve on Sims
Way and highly utilized 10th Street. This project would also install protection for
bikes along the bike lanes and right turn pocket for Safeway.
3. Kearney between Chase Bank and Lawrence Street. This project would serve
many people and addresses pedestrian safety along a busy Street while also
serving the Park and connecting to existing infrastructure along Chase Bank and
the new proposed roundabout.
4. Washington from Sims Way to Walker and Walker Street between Washington
and Jefferson Streets. This project serves many people with accessibility to the
Court House, Penny Saver, Kah Tai, and Co -Op area.
5. Cherry Street (F to Mountain View.) Connecting Pedestrians to Mountain View
from F Street provides great connectivity.
a. Shared use path on the west side of the street Connecting pedestrians
between Mountain View and F Street would serve many people. This
project may be too long and costly for the funds available.
b. A preferred option would be to construct a concrete sidewalk on the east
side of the street for ADA compliance and longevity. Considerable
development remains in this section and thus a latecomer agreement to
repay the City would be an option.
Staff recommends the following two projects based on serving the most people and on
equity in transportation accessibility noting that all the projects are good and deserve
attention.
Recommendation #1: Sims Way between 10th and 12th Street as illustrated below. The
connectivity value is great for this area and compliments the boatyard expansion
project. Additionally, staff recognizes a high level of pedestrian use of 10th Street to
access the QFC and Hospital area.
Recommendation #2: Washington Street and Walker Street as illustrated below provide
connectivity between Sims Way and the Courthouse. This project may score the best in
an application due to its connections points of the Courthouse, County Courhouse park,
and the commercial area on Sims Way.
As staff looks forward to future grant applications, it will be necessary to develop
concept plans in a year in advance of applying for funding. Numerous potential projects
exist as demonstrated in the Six Year Transportation Plan. These projects need
refinement before applying for funding to improve funding success rates. For example,
the Sheridan and Sims Way intersection is a priority location. How to treat this
intersection needs some preliminary design.
City staff is looking for City Council feedback on the options presented and dedication of
future resources as match and for staff time should the City be successful in securing
funding for a project.
ATTACHMENTS: N/A
CITY COUNCIL COMMITTEE RECOMMENDATION: N/A
1. RECOMMENDED ACTION: Move to support a Transportation Improvement
Board grant application for the Sims Way and Washington Streets Active
Transportation projects and dedicate banked capacity property tax as local
funding up to $150,000 for grant match and staff administration costs.
ALTERNATIVES:
❑x Take No Action ❑ Refer to Committee ❑x Refer to Staff ❑x Postpone Action
❑ Remove from Consent Agenda ❑ Waive Council Rules and approve Ordinance
❑ Other:
