The purpose of this chapter is to establish procedures for administering the city of McCleary zoning ordinance. This includes the requirements and procedures for:

A.

Appeals of administrative decisions;

B.

Building permits;

C.

Variance permits;

D.

Conditional use permits;

E.

Temporary use permits;

F.

Amendments to this ordinance; and

G.

Enforcement.

(Ord. 709 § 1 (part), 2004)

A.

Applications for appeal of administrative decisions, building permits, variances, conditional use permits, temporary use permits, and amendments to the zoning ordinance are available at the McCleary City Hall from the city clerk-treasurer.

B.

The applicant shall designate a single person or entity to receive all determinations and notices.

(Ord. 709 § 1 (part), 2004)

A.

The administrator may schedule a permit application conference with an applicant not later than fourteen days after receiving an applicant's application to:

1.

Review the application for completeness and compliance with provisions of this chapter and any other applicable city laws or regulations;

2.

Provide an exchange of information regarding the application, city regulations, requirements, and procedures; and

3.

Identify any additional information required to make the application complete.

B.

The administrator may invite the city engineer or other city representatives, as deemed appropriate, to the application conference.

C.

If the applicant fails to attend the permit application conference and the administrator determines the application incomplete, the administrator shall notify the applicant in accordance with Section 17.40.040 that the application is incomplete. The application will be considered withdrawn if the applicant fails to reschedule an application conference with the administrator within fourteen days of the issuance of the determination of completeness.

(Ord. 709 § 1 (part), 2004)

The administrator shall review all applications for building permits, variance permits, conditional use permits, temporary use permits, and amendments to the zoning ordinance. The procedures for determining the completeness of applications are as follows:

A.

Within a reasonable time after receiving the application, the administrator shall mail or provide a written determination to the applicant stating either that the permit application is complete or incomplete, and if incomplete, what is necessary to make the application complete.

B.

If the applicant fails to provide the additional information, as requested, within sixty days, the application will be considered as withdrawn by the applicant.

C.

Within a reasonable time after the applicant has submitted additional information identified by the city as being necessary for a complete application, the city shall notify the applicant whether the application is complete or what additional information is necessary.

D.

The city shall deem an application complete if the city issues a determination of completeness or does not provide a written determination of completeness to the applicant within a reasonable time after receipt.

E.

For purposes of this section, a reasonable time shall automatically be deemed a response within any time period which may be mandated by applicable state law. In the absence of such a mandate, such establishment shall be in the sole discretion of the administrator.

(Ord. 709 § 1 (part), 2004)

Upon receipt of a completed application for a variance permit, conditional use permit, temporary use permit, or an amendment to the zoning ordinance, the administrator will provide a notice of application to public agencies with jurisdiction and interested parties at least fifteen days prior to the public hearing on an application: provided that, unless such waiver is prohibited by mandate of state law, in the administrator's sole discretion this time period may be waived.

A notice of application shall include the following information:

A.

Date of receipt of the application by the city, date of determination of completeness, and date of notice of application;

B.

Description of application including common location description and legal description;

C.

SEPA threshold decision and the location of any environmental documents or additional studies available for public review;

D.

The identification of other known permit applications related to the application;

E.

A statement of the public comment period, which shall be not less than fifteen or more than thirty days after the receipt of a completed application; and

F.

The date, time, and place of the public hearing on the application.

(Ord. 709 § 1 (part), 2004)

A.

Within a reasonable time after the administrator deems an application is complete, the administrator shall forward a completed application for appeals of administrative decision, variance permits, and conditional use permits, all applicable information, and the notice of application, if applicable, to the land use hearing examiner and mayor.

B.

Within a reasonable time after the administrator deems an application is complete, the administrator shall forward a completed application for temporary use permits and amendments to the zoning ordinance to the mayor.

C.

For purposes of this section, a reasonable time shall automatically be deemed a response within any time period which may be mandated by applicable state law. In the absence of such a mandate, such establishment shall be in the sole discretion of the administrator.

(Ord. 709 § 1 (part), 2004)

A.

The city shall require public notice for all applications for variances, conditional use permits, and temporary use permits. The city shall give public notice at least fifteen days before the public hearing to consider an application in the following manner:

1.

Posting a waterproof sign posted on the subject site in a conspicuous place and visible to the public which states the type of permit and the date, time and place of the public hearing; and if a notice of application is required,

2.

Publishing the notice of application in the city's official newspaper; and

3.

Mailing the notice of application to all property owners of record within two hundred feet of the exterior boundaries of the subject property.

B.

The city shall require public notice for all applications for appeals of administrative decisions and temporary use permits at least fifteen days before the public hearing by publishing the notice of application in a newspaper of general circulation in the area where the proposal is located.

(Ord. 709 § 1 (part), 2004)

In making a decision for any application for an appeal of administrative decision, variance permit, conditional use permit, temporary use permit, or amendment to the zoning ordinance, the city shall provide to the applicant and to any person who submitted substantive comments on the application before the decision, a written notice of decision that includes the following:

A.

Findings and conclusions demonstrating a decision is supported by the record; and

B.

Procedures for appeal.

(Ord. 709 § 1 (part), 2004)

Any person aggrieved by orders, recommendations, permits, decisions, or determinations made by a city official in the administration or enforcement of the zoning ordinance may appeal such decision to the land use hearing examiner within ten days of such decision. The land use hearing examiner shall:

A.

Conduct an open record hearing after receiving the appeal and issue a written decision after the close of the public hearing.

B.

The decision of the land use hearing examiner shall be final unless appealed to superior court within ten days or within such other time period as may be mandated by applicable state law.

(Ord. 709 § 1 (part), 2004)

A.

A variance permit provides a property owner relief when a strict interpretation of Chapters 17.24, 17.28 and 17.32 of the zoning ordinance would impose unusual, practical difficulties or unnecessary hardships on the applicant. Unusual, practical difficulties or unnecessary hardships may result from special circumstances relating to the size, shape, topography, critical areas, location of existing structures, or surroundings of the property that preclude reasonable use and are not the result of the applicant's actions.

B.

The land use hearing examiner shall conduct a public hearing on the variance permit application at least fifteen days after the city gives public notice. The variance permit application shall meet the following conditions for approval:

1.

The variance permit is necessary because unusual, practical difficulties or unnecessary hardships exist for the applicant;

2.

The variance permit will be in harmony with the intent of the zoning ordinance and the comprehensive land use plan;

3.

The variance permit is for the minimum necessary adjustment to allow reasonable use of the property; and

4.

The variance permit will not confer a special privilege to the applicant not available to other properties in the same zoning district.

C.

In granting any variance permit, the land use hearing examiner may attach conditions to the permit necessary to mitigate any possible adverse impacts.

D.

The decision of the land use hearing examiner shall be final unless appealed to superior court within ten days or within such other time period as may be mandated by applicable state law.

E.

A variance permit shall become invalid if not exercised within the time prescribed in such permit, or, if the date is not specified, within one year of the effective date thereof. Variance permits for off-street parking shall become invalid if the approved use is abandoned or discontinued for any continuous period of one year or more. Any variance permit issued for a specific period shall become invalid after the expiration of that period.

F.

An approved variance permit, including all attached conditions and modifications, shall automatically transfer to all successors in interest to the applicant. The land use hearing examiner may limit the right of transfer of the variance permit as a requirement of approval.

G.

A permit, other than for off-street parking, issued pursuant to the provisions of this section which would otherwise become invalid under subsection E may be extended in the same manner as is provided for extension of a conditional use permit through utilization of and conditioned upon compliance with the process and requirements set forth in Section 17.40.110(F) of this chapter.

(Ord. 738 § 2, 2006: Ord. 709 § 1 (part), 2004)

A.

Certain uses possess unique and special characteristics with respect to the location, design, size, method of operation, circulation, and/or demand on public facilities. The Table of Land Uses in Section 17.20.030 lists such uses as conditional uses. The conditional use permit process reviews these uses to assure their compatibility with neighboring properties as well as to Section 17.40.070(A) of this chapter to prevent or control:

1.

Environmental hazards and pollution;

2.

Traffic hazards and congestion;

3.

Street and road capacities in the surrounding area;

4.

Location and amount of off-street parking;

5.

Visual and auditory impacts;

6.

Obtrusive visual blight; and/or

7.

Any other unusual impact associated with the proposed conditional use.

B.

A request for a conditional use permit shall be commenced by the filing of a written application with the office of the clerk-treasurer. The application shall meet the requirements set by the provisions of this code and shall be accompanied by the payment of such fees and costs as may be required by applicable provisions of this code and any implementing resolution. The land use hearing examiner shall conduct a public hearing on the conditional use permit application at least fifteen days after the city gives public notice. The permit application shall meet the following conditions for approval:

1.

The use will not cause or allow conditions that create general nuisances or hazards to life or property;

2.

The use conforms to the comprehensive plan; and

3.

The use meets all conditions and requirements of the zone in which it proposes to locate, the ordinance in general, and other city laws and requirements.

C.

In granting any conditional use permit, the land use hearing examiner may attach conditions to the permit necessary to mitigate any possible adverse impacts, including, but not limited to, those set forth in sub-section H.

D.

The decision of the land use hearing examiner shall be final unless appealed to superior court within ten days or within such other time period as may be mandated by applicable state law.

E.

Subsequent Invalidity.

1.

A conditional use permit shall become invalid if not exercised within the time prescribed in such permit, or, if the date is not specified, within one year of the effective date thereof. A conditional use permit shall be deemed to have been exercised by (a) the obtaining of and compliance with any necessary building permit, including substantial completion of any required construction or, for uses not requiring a building permit, either by substantial completion of any anticipated construction and/or by commencement of the use.

In either event, if all necessary construction is not completed within twelve months of the issuance of the permit or such other date as may be set forth in the permit and an extension is not requested as provided by subsection F of this section, the permit shall be deemed to have become invalid.

2.

Conditional use permits shall become invalid if the approved use is abandoned or discontinued for any continuous period of one year or more.

3.

Any conditional use permit issued for a specific time period shall become null and void after the expiration of that time period unless an extension for a time certain is requested in the manner authorized under subsection F of this section.

F.

Extensions.

1.

A conditional use permit which would otherwise become invalid for noncompliance with subsection (E)(1) of this section may be extended for a period of up to one additional year upon approval of the city council so long as the holder of the conditional use permit files the written request for such extension with the office of the clerk-treasurer prior to the expiration of the permit. The request shall specify the bases for the necessity of the extension and the period of extension sought. For conditional use permits granted between January 1, 2005, and December 31, 2005, the holder may file the request for the extension at any time until October 1, 2006; provided, that such extension as may be granted shall be retroactive to the date of the expiration of the original permit.

2.

A conditional use permit covered under the provisions of subsection (E) (3) of this section which would otherwise become invalid due to expiration of the granted term may be extended for such period as may be deemed appropriate by action of the city council under such conditions as may be deemed appropriate by the council so long as the holder of the conditional use permit files the written request for such extension with the office of the clerk-treasurer prior to the expiration of the permit. The request shall specify the bases for the necessity of the extension and the period of extension sought.

3.

The filing of any request for extension sought under either of the prior subsections shall not be deemed filed unless it meets the requirements set by the provisions of this code and is accompanied by the payment of such fees and costs as may be required by applicable provisions of this code and any implementing resolution. If an extension sought under either of the prior subsections is not granted, then the permit shall be deemed invalid as of the date of the denial of the request for extension; provided, that if a judicial appeal is taken of a decision made in relation to such request, it shall be taken within the time limits established by subsection B of this section and the permit shall remain valid until the exhaustion of such appeal.

G.

The original applicant of an approved conditional use permit may transfer it to any successors in interest and all special requirements shall continue in effect as long as the use continues. The land use hearing examiner may limit the right of transfer of the conditional use permit as a requirement of approval.

H.

In recognition of the unusual characteristics of the particular use, as to applications for conditional use permits for the following uses, if issued the permit shall specifically require the following criteria to be met:

1.

As to hospitals, the following:

a.

The location shall be upon a collector or arterial street,

b.

The structure shall not exceed a height of thirty-five (35) feet, and

c.

The front, side and rear yard setbacks shall be one foot for each one foot of building height or the minimum setbacks for the zoning district within which it will be located, whichever requirement is greater.

2.

As to residential treatment facilities, the following:

a.

Shall not be located within 300 feet of a similarly licensed facility,

b.

No resident shall be released from residency without having motorized transport present which shall be utilized to return the resident to their place of residency, county of origin, or alternative treatment facility unless the resident's regular residential location is within the City's corporate limits.

c.

Shall have such security facilities and staffing as are deemed reasonably necessitated by such use taking into consideration the size of the structure, the nature of the condition being treated, and the number of residents.

I.

A permit, other than for off-street parking, issued pursuant to the provisions of this section which would otherwise become invalid under subsection E may be extended in the same manner as is provided for extension of a conditional use permit through utilization of and conditioned upon compliance with the process and requirements set forth in Section 17.40.110(F) of this chapter.

(Ord. 738 § 3, 2006: Ord. 709 § 1 (part), 2004)

(Ord. No. 834, § II, 7-26-2017; Ord. No. 838, § II, 1-10-2018)

A.

Any use that will operate for more than twenty-four hours but less than thirty days is a temporary use and subject to a temporary use permit. Temporary uses are nonrecurring, limited in scope, intensity, and duration and may locate in any zoning district. The property that a temporary use locates on will return, upon its conclusion, to its original condition or use.

B.

The following temporary uses are exempt from the temporary use permit process of this section:

1.

Garage or rummage sales as defined in and subject to the provisions of Chapter 5.20, conducted for a period not to exceed such period of days of offering or operation per sales event as may be allowed under the provisions of Chapter 5.20: provided further, no lot shall be the site of more than four sales events in any one three hundred sixty-five day period;

2.

Contractor's offices, equipment storage sheds, and portable lavatories on site of a permitted active construction project for a duration not exceeding two years;

3.

Temporary events conducted for a period not exceeding three days per event and located on public property in any zoning district or on private property in the C-1, C-2 and I zoning districts; and

4.

Farmer's markets and roadside produce stands in the C-1, C-2 and I zoning districts.

C.

The administrator shall approve or deny all permit applications for any temporary use not exempt under this section upon receiving a complete application. Any temporary use permit application must show evidence that it can meet the following conditions for approval:

1.

The proposed temporary use will not be detrimental to the public health, safety, or welfare, nor injurious to property or improvements in the immediate vicinity;

2.

The proposed temporary use is compatible with the purpose and intent of the comprehensive plan and all city laws and regulations;

3.

The location, days, and hours of operation are compatible with the surrounding area;

4.

Adequate parking and traffic control can be provided in a safe manner;

5.

Any structures proposed for the temporary use comply with applicable building and fire codes;

6.

The proposed temporary use will not cause noise, light, or glare which will cause unreasonable adverse impacts to surrounding land uses. No use shall be made of equipment or material which produces unreasonable vibration, noise, dust, smoke, odor, or electrical interference to the detriment of adjoining property;

7.

Any proposed use of public right-of-way is authorized by the city;

8.

The property on which the use is located will be returned to the condition it was in before the use. The time is specified for the removal of the temporary use and all physical evidence of the use, and by which time the property shall be completely restored to its previous condition; and

9.

Evidence of financial responsibility in a form acceptable to the administrator may be required to assure compliance with the conditions of temporary use permit approval.

D.

In granting any temporary use permit, the administrator may attach conditions to the permit necessary to mitigate any possible adverse impacts.

E.

The decision of the administrator shall be final unless appealed to the hearing examiner within ten days.

F.

A temporary use permit shall become invalid if not exercised within the time prescribed in such permit, or, if the date is not specified, within six months of the effective date thereof.

(Ord. 742 § 20, 2007: Ord. 709 § 1 (part), 2004)

A.

The city council may amend the text of the zoning ordinance, including the city of McCleary zoning map, whenever public necessity, convenience, or general welfare require such action and the proposed amendment is consistent with the city of McCleary comprehensive land use plan in accordance with RCW 35A.63.105.

B.

Amendments to the text of the zoning ordinance may be initiated by:

1.

One or more owners of property within the corporate boundaries of the city of McCleary;

2.

A motion of the city council requesting the planning commission to set the matter for hearing; or,

3.

A motion of the planning commission.

C.

At the first meeting at which action may be taken occurring after the receipt of the request for amendment by the office of the clerk-treasurer, the commission shall set a date for a public hearing on the request. The hearing shall be set to occur no sooner than twenty days following the date of that meeting: provided that if any applicable law, ordinance, rule, or regulation requires the utilization of different time parameters for the particular hearing, those parameters shall be utilized; provided still further that, the hearing date may continued from the date set if the commission determines that good cause supports such action.

Upon completion of its hearing, the planning commission shall submit a written recommendation to the city council as to the matters heard by its at its public hearing by filing it with the clerk-treasurer. This recommendation shall be tendered to the city council within sixty days after the close of the record provided that if any applicable law, ordinance, rule, or regulation requires the utilization of different time parameters for the particular submission, those parameters shall be utilized; provided still further that, the timing for submission may occur outside the time frames set forth above or continued from the date otherwise required if the commission determines that good cause supports such action.

Upon receipt of the commission's recommendation, the clerk-treasurer shall place the recommendation upon the agenda for the next regular meeting of the city council for commencement of consideration as set forth in subsection D of this section.

D.

Upon receipt of the commission's recommendation on the matter heard by the commission, the city council shall at the next regular meeting of the council either set a time and place of public hearing thereon and order public notice as herein provided, or, if determines that no additional public hearing is necessary, set the matter on for consideration at its next regular council session. It at the time set for consideration without public hearing, the majority of the council determines it appropriate to schedule a public hearing, such hearing may be scheduled and held as provided for herein. So long as the council determines it has adequate information from the applicant and/or planning commission to make a decision, the council shall take final action within sixty days after the later of (1) any public hearing held by it or (2) the date of the consideration without public hearing. The council may its issue decision by passing an amendatory ordinance, by declining to amend, or by referring the matter back to the planning commission for further consideration. To the extent required by law, the council shall issue written findings of fact and conclusions of law in relation to the decision it makes. Written notice of the action take by the city council shall be transmitted by the clerk-treasurer to the planning commission and/or to the applicant, if the matter was initiated by the filing of an application: provided that, for purposes of an appeal, the date of issuance of the council's decision shall be determined as provided in RCW 36.70C.040(4), as now existing or hereafter amended or succeeded.

E.

The city council's decision shall be final unless an appeal is timely filed and perfected within ten days of the issuance of the notice of the decision provided for under subsection D or, if applicable, within the time period set forth under the provisions of RCW 36.70C, as now existing or hereafter amended or succeeded.

(Ord. 709 § 1 (part), 2004)

A.

The purpose of this section is to establish an efficient system to enforce the provisions of this chapter to provide for prompt hearing and resolution of alleged violations of these regulations and to establish penalties, including abatement.

B.

The administrator, the city attorney, or an officer of the police department has authority to secure voluntary correction agreements, issue notices of civil violation, and conduct abatements under this section.

C.

The administrator shall initiate any enforcement procedure by first notifying the person responsible for the violation by certified letter. The certified letter shall include the following information:

1.

The name and address of the person responsible for the violation;

2.

The street address or other description sufficient for identification of the building, structure, premises, or land upon or within which the violation has occurred or is occurring;

3.

A description of the violation and a reference to the regulation that has been violated; and

4.

The necessary corrective action to be taken, and a date or time by which correction must be completed.

D.

If the responsible person for the violation fails to take corrective action as provided in subsection C of this section, the administrator may attempt to secure voluntary correction before issuing any notice of civil violation through the use of a voluntary correction agreement.

1.

A voluntary correction agreement shall include the following information:

a.

The name and address of the person responsible for the violation;

b.

The street address or other description sufficient for identification of the building, structure, premises, or land upon or within that the violation has occurred or is occurring;

c.

A description of the violation and a reference to the regulation that has been violated;

d.

The necessary corrective action to be taken, and a date or time by which correction must be completed;

e.

An agreement by the person responsible for the violation that the city may inspect the premises as may be necessary to determine compliance with the voluntary correction agreement;

f.

An agreement by the person responsible for the violation that the city may abate the violation and recover its costs and expenses (including attorney fees, expert witness fees, and court costs) and/or a monetary penalty pursuant to this chapter from the person responsible for the violation if the terms of the voluntary correction agreement are not satisfied; and

g.

An agreement that by entering into the voluntary correction agreement the person responsible for the violation waives the right to a hearing before the court under this section, regarding the matter of the violation and/or the required corrective action.

2.

Upon entering into a voluntary correction agreement, the person responsible for the violation shall have no right to a hearing before the court under the ordinance codified in this chapter or otherwise, regarding the matter of the violation and/or the required corrective action such document being deemed a stipulation to the facts in the event the matter is brought before a court of competent jurisdiction.

3.

The administrator may grant an extension of the time limit for correction or a modification of the required corrective action if the person responsible for the violation has shown due diligence and/or substantial progress in correcting the violation, but unforeseen circumstances delay correction under the original conditions.

4.

The city may abate the violation if the person fails to meet the terms of the voluntary correction agreement.

5.

If the terms of the voluntary correction agreement are not met, the city shall assess the person responsible for the violation a monetary penalty commencing on the date set for correction and thereafter, plus all costs and expenses of abatement.

6.

The monetary penalty for each violation per day or portion thereof shall be five hundred dollars.

E.

When the administrator determines that a violation has occurred or is occurring, and is unable to secure voluntary correction, pursuant to subsection C of this section, if such attempt has been made, the administrator may issue a notice of civil violation to the person responsible for the violation.

1.

The administrator, the city attorney, or an officer of the police department may issue a notice of civil violation without having attempted to secure voluntary correction as provided in subsection C of this section under the following circumstances:

a.

When an emergency exists;

b.

When a repeat violation occurs;

c.

When the violation creates a situation or condition which cannot be corrected;

d.

The administrator cannot contact the person or the person refuses to communicate or cooperate with the city in correcting the violation; or

e.

Such action is deemed appropriate under the circumstances.

2.

The notice of civil violation shall include the following:

a.

The name and address of the person responsible for that violation;

b.

The street address or description sufficient for identification of the building, structure, premises, or land upon or within which the violation has occurred or is occurring;

c.

A description of the violation and a reference to the provision(s) of the city regulation(s) that has been violated;

d.

The required corrective action and a date and time by which the correction must be completed after which the city may abate the unlawful condition;

e.

The date, time and location of an appeal hearing before a judge, judge pro tem, or commissioner of the municipal court which will be at least twenty days but no more than sixty days from the date the notice of civil violation is issued, unless such date is continued by the court for good cause shown;

f.

A statement indicating that the hearing will be canceled and no monetary penalty will be assessed, other than the court filing fee, if the administrator approves the completed, required corrective action prior to the hearing; and

g.

A statement that the costs and expenses of abatement incurred by the city and a monetary penalty in an amount per day for each violation may be assessed against the person to whom the notice of civil violation is directed as specified and ordered by the court.

h.

Such other information as may be required by applicable court rule.

3.

The notice of civil violation shall be served upon the person responsible for the violation, either personally or by mailing a copy of the notice of civil violation by certified or registered mail, return receipt requested, to such person at their last known address. If it is not reasonably possible to contact the person responsible for the violation personally or to ascertain an address for mailed service, the issuing official may serve notice by posting a copy of the notice of civil violation conspicuously on the affected property or structure. Proof of service shall be made by a written declaration under penalty of perjury executed by the person affecting the service, declaring the time and date of service, the manner by which the service was made and, if by posting, the facts showing the attempts to serve the person personally or by mail.

4.

The administrator, or, if required by applicable court rule, by order of the court, extensions of the time specified in the notice of civil violation for correction of the violation may be granted.

5.

The monetary penalty for each violation per day or portion thereof shall be five hundred dollars or such lesser amount as may be assessed by the court.

6.

Payment of a monetary penalty pursuant to this chapter does not relieve the person to whom the notice of civil violation was issued of the duty to correct the violation.

7.

The monetary penalty constitutes a personal obligation of the person to whom the notice of civil violation is directed. Any monetary penalty assessed must be paid to the city within ten calendar days from the date of mailing of the court's decision or a notice from the city that penalties are due. Any such monetary penalty shall further constitute a lien against the affected real property. The city attorney is authorized to take appropriate action to collect the monetary penalty.

F.

A person issued a notice of civil violation by the administrator shall appear before the court not less than twenty calendar days nor more than sixty calendar days after issuance of the notice of civil violation unless other times are established by applicable court rules in which event, the times within the court rule shall govern. The administrator or the court may grant continuances for good cause shown.

1.

The court may cancel the hearing, dismiss the notice, and assess no monetary penalty, other than the court filing fee, if the administrator approves the completed required corrective action before the scheduled hearing.

2.

The court shall conduct a hearing on the civil violation pursuant to the then-current applicable rules of procedure for courts of limited jurisdiction. The city and the person to whom the notice of civil violation was directed may participate as parties in the hearing and each party may call witnesses. The city shall have the burden of proof to demonstrate by a preponderance of the evidence that a violation has occurred and that the required corrective action is reasonable under the circumstances. The court shall accord substantial weight to the determination of the administrator as to reasonableness of the need for the required corrective action.

3.

The court shall determine whether the city has established by a preponderance of the evidence that a violation has occurred and that the required correction is reasonable under the circumstances, and shall affirm, vacate, or modify the city's decisions regarding the alleged violation and/or the required corrective action, with or without written conditions. The court shall issue an order to the person responsible for the violation that contains the following information:

a.

The decision regarding the alleged violation including findings of fact and conclusions based thereon in support of the decision;

b.

The required corrective action;

c.

The completion date and time for correcting the violation;

d.

The monetary penalties assessed; and

e.

The date and time after which the city may proceed with abatement of the unlawful condition if the required correction is not completed.

4.

The court shall have the following options in assessing monetary penalties:

a.

Assess monetary penalties beginning on the date the notice of civil violation was issued and thereafter;

b.

Assess monetary penalties beginning on the correction date set by the applicable department director or an alternate correction date set by the court and thereafter;

c.

Assess less than the established monetary penalty set forth; or

d.

Assess no monetary penalties.

5.

In determining the monetary penalty assessment, the court shall consider the following factors:

a.

Whether the person responded to staff attempts to contact the person, and cooperated to correct the violation;

b.

Whether the person failed to appear at the hearing;

c.

Whether the violation was a repeat violation;

d.

Whether the person showed due diligence and/or substantial progress in correcting the violation;

e.

Whether a genuine, "close call" code interpretation issue exists; and

f.

Any other relevant factors.

6.

If the person to whom the notice of civil violation was issued fails to appear without lawful excuse at the scheduled hearing, the court will enter an order with findings and assess the appropriate monetary penalty. The city may enforce the court's order and recover all related expenses, including attorney fees, plus the costs of the hearing and any monetary penalty from that person.

G.

If the person responsible for the violation is not the property owner, the administrator shall notify by certified letter the property owner of record, as identified by the county assessor, of any action taken under subsection C, D, or E of this section.

H.

The administrator may abate a condition that was caused or continues to be a civil violation when the terms of voluntary correction agreement pursuant to subsection C have not been met, or a notice of civil violation has been issued pursuant to subsection D and a hearing has been held pursuant to subsection E of this section and the required correction has not occurred as specified in the court's order, or under any other circumstances allowed by law. In such cases, the following abatement provisions shall apply:

1.

Using any lawful means, the city may enter upon the subject property and may remove or correct the condition that is subject to abatement. The city may seek such judicial process as necessary to remove or correct the condition;

2.

The city shall bill all costs for correcting the violation to the person responsible for the violation and/or the owner, lessor, tenant or other person entitled to control, use and/or control of the property. The bill shall become due and payable to the city within ten calendar days. In addition, the city may bill the person responsible for the violation all incidental expenses including, but is not limited to: personnel costs, both direct and indirect and including attorney's fees; costs incurred in documenting the violation; hauling, storage and disposal expenses; and actual expenses and costs of the city in preparing notices, specifications and contracts, and in accomplishing and/or contracting and inspecting the work; and the costs of any required printing and mailing. All such costs and expenses shall constitute a lien against the affected property;

3.

Any person who knowingly obstructs, impedes, or interferes with the city or its agents, or with the person responsible for the violation in the performance of duties imposed by this section, shall be guilty of a misdemeanor punishable by imprisonment not exceeding ninety days and a fine not exceeding one thousand dollars;

4.

The city council may impose a lien for any monetary penalty, the cost of any abatement proceedings under this section, and all other related costs including attorney and expert witness fees, against the real property on which the monetary penalty or any of the work of abatement was performed. The lien shall be subordinate to all previously existing special assessment liens imposed on the same property and shall be superior to all other liens, except for state and county taxes, with which it shall be on a parity. The procedures for imposing such lien are as follows:

a.

The city council shall instruct the administrator to cause a claim for lien to be filed for record within ninety days from the later of the date that the monetary penalty is due or the date the work is completed or the nuisance abated,

b.

The claim of lien shall contain sufficient information regarding the notice of civil violation, as determined by the applicable department director, a description of the property to be charged with the lien and the owner of record, and the total amount of the lien.

c.

Any such claim of lien shall be verified by the administrator, and may be amended from time to time to reflect changed conditions,

I.

Whenever any nuisance causes a condition, the continued existence of which constitutes an immediate threat to the public health, safety or welfare or to the environment, the city may summarily and without prior notice abate the condition. The administrator shall give notice of such abatement, including the reason, to the person responsible for the violation as soon as reasonably possible after the abatement. No right of action shall lie against the city or its agents, officers, or employees for actions reasonably taken to prevent or cure any such immediate threats, but neither shall the city be entitled to recover any costs incurred for summary abatement, prior to the time that actual notice of same is provided to the person responsible for the violation.

J.

The provisions of this chapter are not exclusive, and may be used in addition to other enforcement provisions authorized by this code or state law.

K.

In the event of a conflict between this chapter and any other provision of this code or other city ordinance providing for a civil penalty, this chapter shall control.

(Ord. 709 § 1 (part), 2004)

A.

The city council shall set by resolution fees for filing and processing applications, appeals of administrative decisions, variance permits, conditional use permits, temporary use permits, amendments, and any other procedures under the ordinance codified in this chapter to reduce the city's cost for review, publication, hearing, consideration, and decision.

B.

The city will not accept an application for appeals of administrative decisions, variance permits, conditional use permits, temporary use permits, and amendments under the ordinance codified in this chapter unless accompanied by the fee set by the city council, if any.

(Ord. 709 § 1 (part), 2004)

In addition to the fees imposed pursuant to this section and the fee schedule adopted pursuant thereto by Resolution No. 638, as the same now exists or is hereafter amended, the applicant for any permit or development activity set forth in the fee schedule shall reimburse the city for the costs of professional consultants hired by the city to process and/or review and inspect the applicant's proposal when the city is unable to do so with existing in-house staff. These professional services may include, but shall not be limited to, engineering, traffic engineering, legal, financial and accounting, soils, mechanical and structural engineering, and electrical engineering. The city may require the applicant to deposit an amount with the city to cover the anticipated costs of retaining professional consultants: provided, however, that the mayor has approved retaining the professional consultants.

(Ord. No. 796, § I, 5-8-2013)

In addition to the fees imposed pursuant to this section and the fee schedule adopted pursuant thereto by Resolution No. 638, as the same now exists or is hereafter amended, the applicant for any permit or development activity set forth in the fee schedule shall reimburse the city for the costs of professional consultants hired by the city to process and/or review and inspect the applicant's proposal when the city is unable to do so with existing in-house staff. These professional services may include, but shall not be limited to, engineering, traffic engineering, legal, financial and accounting, soils, mechanical and structural engineering, and electrical engineering. The city may require the applicant to deposit an amount with the city to cover the anticipated costs of retaining professional consultants: provided, however, that the mayor has approved retaining the professional consultants.

(Ord. No. 796, § I, 5-8-2013)

A.

The administrator shall have the authority to develop and issue such rules and regulations as may be necessary to administer the provisions of this chapter. Any such rule or regulation shall be submitted in writing to the council no less than thirty calendar days prior to its anticipated effective date. If during that period the council either rejects or suspends the effective date, the rule or regulation shall not go into effect until approval by the council. In the event of no action by the council, the regulation shall go into effect upon the date set by the administrator provided that, the administrator may propose and the council may authorize an effective date earlier than the thirty days otherwise required.

B.

Such rules and regulations issued by the administrator as go into effect shall be kept on file in the office of the administrator or at such other location within the city's offices as the administrator may authorize. They shall be available to the public upon request.

(Ord. 709 § 1 (part), 2004)