Five elements of government of the city are involved in administering and enforcing the various provisions of this title, as outlined in this chapter.

(Ord. 163 § 12.1, 1989)

This is the legal legislative body of the city and, as such, the only body which can adopt or amend ordinances including the one codified in this title. Therefore, it shall be the city council, referred to in this title as "council," which hears and passes on applications for amendments and zone changes. The council shall also appoint the planning commission members and the board of zoning adjustment members.

(Ord. 163 § 12.2, 1989)

The planning commission created in this chapter and referred to in this title as "commission," shall make recommendations to the city council and may initiate recommended zone changes and amendments, as its main function within this title.

(Ord. 163 § 12.3, 1989)

The board of zoning adjustment referred to in this title as "board," is specifically designed to meet the needs of this title and has no function outside of it unless the city council should require duties pertaining to other ordinances. The rules for its organization and its powers are:

A.

Organization of a Board of Zoning Adjustment.

1.

There is created a board of zoning adjustment to be known as "the board of zoning adjustment of the city," and to be hereinafter referred to as "board."

2.

The membership of the board shall consist of five residents of the municipality who shall be voting members appointed by the council. All members of the board shall serve without compensation. Their terms of office shall be for five years and must be fixed so the term of office of a member expires each year. Appointments to fill vacancies are to be made only for the unexpired portion of the term. The council may remove any member of the board for cause upon written charges and after public hearing before the council meeting in open session. There shall be no appeal from a decision by the council to remove or retain a board member.

3.

The board shall elect from its own membership its chairman and secretary, who shall serve annual terms and who may succeed themselves. For the conduct of any hearing or the taking of any action, a quorum of three members is required. The board shall adopt such rules and regulations as it deems necessary for its procedures.

4.

The board shall hold not less than one regular meeting each month of the year; provided, if no issues over which the board has jurisdiction are pending a meeting may be canceled. All meetings of the board shall be open to the public. Notice of the time, place, and purpose of the meeting shall be given by posting notice of the meetings in the same manner as ordinances are posted at least three days prior to the meeting. The board shall keep a record of the proceedings, either stenographically or by sound recording, and a written transcript of the proceedings and copies of graphic or written material received in evidence shall be made available to any party at cost. The board shall render written decisions, accompanied by findings of fact and conclusions there, based on any provision of this title. All written decisions shall be promptly filed with the city clerk-treasurer by the secretary and shall be public record.

B.

Powers of the Board. The jurisdictional duties and powers of the board are as follows:

1.

To hear and decide appeals where it is alleged by the appellant that there is error in any order, requirement, decision, or determination made by an administrative official based on or made in the enforcement of this title. In exercising its powers, the board may reserve or affirm wholly or in part, or may modify the order, requirement, decision or determination as it deems necessary and proper and shall have powers of the administrator from whom the appeal is taken.

2.

To hear and decide, grant or deny application for variances, conditional uses, and temporary use permits as defined in this title.

3.

Appeals from Board Action. Any person having an interest in the matter being appealed or aggrieved by any decision of the board may seek review of such decision, in the manner provided by the laws of this state and particularly RCW 35A.63.110 as adopted and amended.

(Ord. 163 § 12.4, 1989)

A.

The community office of the city shall administer and enforce the provisions of this title and the Napavine Municipal Code concerning land, use and development. It shall be the duty of the community development office to coordinate the administration of this title with present and future planning documents having jurisdiction in the city and to see that all development and structures conform to all development and provisions of this title and the Napavine Municipal Code. The director of community development, and the director's authorized designees are hereby empowered to cause any structure or tract of land to be inspected and examined, and to order in writing the remedying of any condition found to exist in violation of any provisions of this title or the Napavine Municipal Code. After such order has been served, no work shall proceed on any structure or tract of land covered by such order, except to correct a violation or comply with an order. The community development office shall have all powers conferred upon it by this title and all other ordinances of the city, in order to perform its functions.

B.

The community development director is authorized to make decisions on conformance of proposed buildings or uses. In the event of ambiguity or dispute, the community development director is authorized to make reasonable interpretations of this title and the Napavine Municipal Code. Such decisions and interpretations shall be in writing and filed in a systematic fashion to facilitate their use by city officials and citizens. The planning commission and the board of adjustment shall each receive a copy of any such decisions or interpretation. The community development office may seek the advice of the city attorney on decisions and interpretations. Decisions and interpretations of the inspector are subject to appeal to the city council in the manner provided herein.

C.

It shall be the further duty of the community development office to be certain that no structure is erected, moved, structurally altered or demolished unless a building permit has been obtained under procedures provided under Chapter 3 of the Uniform Building Code.

D.

No department, official or employee of the city shall issue an occupancy permits until there has been endorsed thereon certification of compliance with the applicable regulations of this title and the Napavine Municipal Code by the director of community development, or the director's authorized designee.

E.

The community development office may authorize the issuance of a temporary occupancy permit conditions upon the subsequent completion or satisfaction of unfulfilled requirements or regulations, or uncompleted development proposals. A condition for issuance of such temporary permit may the posting with the city of a performance bond or its equivalent, to ensure fulfillment of all conditions to which such permit is subject. The conditions to which such temporary occupancy permit is subject shall be listed upon the permit or attached thereto. No occupancy permit or certificate of occupancy shall be issued except as hereinabove provided. No occupancy permit shall be issued until such conditions are satisfied. If the conditions are not satisfied within one year from the date of the deadline specified in the temporary occupancy permit, demand may be made by the city against the bond, or its equivalent, for completion and performance. Prior to such demand being given, the community development director shall give reasonable notice to the person or persons involved.

F.

The performance bond, or equivalent, shall be in a form acceptable to the city attorney, and represented a proportion of the fair cost estimate of the proposed development or improvement as determined by the community development director, according to the following schedule:

G.

Whenever a change in use of land or structures takes place, the owner of such land or structures shall be required to submit an application for an occupancy permit for a new used or structures within fourteen calendar days of the date of such change in use. Failure to do so will constitute a misdemeanor punishable by up to ninety days in jail, a fine not to exceed one thousand dollars, as well as other monetary assessments as required by the law.

H.

Nothing contained herein shall prevent the city from seeking such other legal or equitable remedies as may be available to prevent or remedy the violation.

(Ord. No. 590, § 1, 3-26-19)

The city attorney shall be the official to act on behalf of the city council to use whatever legal means are necessary to deal with violations of this title. The city attorney shall also advise the commission and the board concerning the legal application of this title, and shall advise the city clerk-treasurer's office, upon its request, on interpretation of the terms of this title.

(Ord. 163 § 12.6, 1989)

A.

Notice of the time, place and purpose of any public hearings before the council, board or commission required by this title shall be published by posting notice of the hearing in three public locations within the city. Such publication shall occur at least ten days prior to the subject hearing.

B.

Radio stations who have requested such notice shall be given notice of any required public hearing at least five days before it occurs.

C.

Similar notice of any public hearing shall be given by mailing of a written notice not less than ten days prior to the date of the hearing to all property owners of record as shown in the records of the county assessor, within three hundred feet of the boundaries of the petitioned property. Failure to send notice to a person specified in this section or failure of a person to receive notice shall not invalidate any proceedings in connection with the application provided there is substantial conformance with the notice requirement.

(Ord. 163 § 12.7, 1989)

A.

The council shall establish a schedule of fees, charges, and expenses and a collection procedure for applications and other matters pertaining to this title. The schedule of fees shall be posted in the office of community development and may be altered or amended only by the council through resolution. The city administrator and officials of the city shall be exempt from such fees, charges, or expenses when making applications or appeals on behalf of the city.

B.

No permit, certificate, conditional use permit, or variance shall be issued, nor shall any action be taken on proceedings before the board of adjustments, until the applicable fees or application fees have been paid in full except where a fee is waived as provided in subsection E.

C.

Fees. The following fees shall be paid upon the filing of a petition:

Petitions and applications for:

1.

Amendments and rezones, one thousand dollars broken down as an Application Fee, seventy-five dollars; upon council approval nine hundred twenty-five dollars.

2.

Annexation Petition, two hundred fifty dollars.

3.

Variance, five hundred dollars.

4.

Vacate, five hundred dollars.

5.

Developers agreement, two hundred fifty dollars.

6.

Special permits:

a.

Conditional use permit, three hundred fifty dollars;

b.

Home occupation, three hundred fifty dollars;

c.

Temporary use, one hundred fifty dollars.

7.

SEPA Review, three hundred fifty dollars.

8.

Environmental impact statement (EIS) review, three hundred fifty dollars.

9.

Binding site plan, five hundred dollars.

10.

Boundary line adjustment, five hundred dollars.

11.

Fill permit of five hundred one cubic yards or greater, five hundred dollars.

12.

Grading permit, two hundred fifty dollars.

13.

Stock-pile permit, two hundred fifty dollars.

14.

Property improvement, twenty-five dollars.

15.

Street ROW use, twenty-five dollars.

16.

Final plat fee, two hundred fifty dollars.

17.

Residential fire sprinkler system, 1.9 percent of project cost.

18.

Home placement permit, two hundred dollars.

19.

Subdivisions:

2—5 six hundred fifty dollars;

6—10 seven hundred fifty dollars;

11—15 eight hundred fifty dollars;

16—20 nine hundred fifty dollars;

21—25 one thousand fifty dollars;

26—35 one thousand one hundred fifty dollars;

36—50 one thousand two hundred fifty dollars;

51—75 one thousand three hundred fifty dollars;

76—100 one thousand four hundred fifty dollars.

20.

Pass Through Deposits, Fees, and Charges.

a.

Pass-Through Fees and Charges.

i.

Pass-through fees and charges means any fee or charge incurred by the city in the review of a development application for which the applicant is responsible for.

b.

Pass-Through Fees and Charges Agreement.

i.

Each applicant shall sign a form created and distributed by the city's community development department acknowledging the applicant's understanding and consent that applicant is liable for payment of pass-through fees and charges.

ii.

An administrative fee of five hundred dollars shall be assessed for each pass-through fee agreement.

c.

Deposit.

i.

Applicant shall submit a deposit of one thousand dollars for outsource engineering, legal review, and other professional services when submitting a site plan to the city for pre-application site plan conditions of approval. No deposit shall be required on pre-application submittals if there will not be a need for outsource engineering, legal review, and other professional services as determined by the community development director.

d.

Pass-Through Fees and Charges Costs.

i.

The city's costs of internal and outsourced review will be charged on an actual time and materials basis for pass-through fees and charges agreements.

e.

Invoices, Payments, and Default.

i.

Payment. The city treasurer upon receipt of a pass-through fee or charge shall charge the initial amount deposited into the city's account and shall provide the applicant a copy of such charge and remaining balance when available or within fifteen days, whichever occurs later.

ii.

Invoices. If there are no funds held in trust or the amount deposited is insufficient to cover the pass-through fees and charges, the city treasurer shall invoice the applicant for the pass-through fees and charges as they are incurred by the city, providing for twenty days to remit balance due. Prior to any permits being issued, applicant shall pay any invoices due and owing. In the event additional pass-through fees and charges are incurred after permits have been issued, any remaining balance due shall be paid in full before final occupancy is granted.

iii.

Default. Failure to pay the pass-through fees and charges within thirty days of invoice date will result in the application being deemed abandoned causing the applicant to start the application process anew and any deposits received by the city, less the five hundred dollars administrative fee, will be applied to any unpaid pass-through fees and charges and the remainder, if any, refunded. Any balance due and owing beyond the deposit will accrue interest at twelve percent per annum and no permits will be issued to the applicant until the balance is paid in full. The city shall have the right to lien the property being developed pursuant to Chapter 60.04 RCW.

iv.

If the applicant fails to take substantial steps to complete the project within one year, city will revoke any permits previously issued and deem the project abandoned. Upon the project being deemed abandoned, the city will refund any unused amounts held by the city less the five hundred dollars administrative fee. If the amount held by the city is not sufficient to pay any outstanding invoices, the City shall have the right to lien the property being developed pursuant to Chapter 60.04 RCW.

f.

Project Completion and Reimbursement.

i.

Any balance remaining from the deposit less the administrative fee will be refunded within thirty days of project completion and approval/acceptance by the community development department.

g.

Administrative Remedies.

i.

Prior to filing any lawsuit, an applicant shall appeal any decision by a city employee over the interpretation or application of the pass-through fees and charges agreement to the city council at an open public meeting. The city council shall issue its decision on the appeal within twenty-one days of the hearing.

21.

Performance Assurance for Right-of-Way Construction.

a.

Prior to issuance of any right-of-way permits, an applicant shall submit the following to the city:

i.

An administrative fee of five hundred dollars plus any additional required fee;

ii.

A right-of-way application and other documents as required in the city's development regulations and public works standards to the community development department;

iii.

A nonrevocable notarized agreement executed by the property owner granting the city and its agents the right to enter the property and perform any required work remaining undone at the expiration of the permit and the right to lien the property for any costs incurred by the city above and beyond the bond amount required in NMC 17.88.080.15(d); and

iv.

A performance assurance at the city's discretion, in one of the following forms:

(A)

Cash in lieu of performance bond in the sum equal to one-hundred fifteen percent of the supplied quote to complete the right-of-way improvements, but, in any event, not less than one thousand dollars, and a cash in lieu of performance bond agreement on a form to be approved by the city attorney and deposit said amount with the city by delivering it to the city treasurer's office. Such agreement shall be conditioned on the faithful conformance with the provisions of the city's development regulations and public works standards, and shall be further conditioned on the permit applicant carrying out and completing such construction within the specified time and according to the terms of such permit.

(B)

A bond in the sum equal to one-hundred fifteen percent of the supplied quote to complete the right-of-way improvements, but, in any event, not less than one thousand dollars. Such bond shall be conditioned on the faithful conformance with the provisions of the city's development regulations and public works standards, and shall be further conditioned on the permit applicant carrying out and completing such construction within the specified time and according to the terms of such permit. The bond shall remain in force and effect until acceptance of all work by the city.

b.

The city will retain the cash deposit in lieu of performance bond for no less than one year from the time that amount was paid to the city or the date which the project is completed and accepted/approved by the community development department, whichever occurs later.

c.

Completion of Permitted Work.

i.

Within thirty days of acceptance/approval of the completed project by the community development department, the city shall release any bond and/or refund any balance remaining from the cash deposit in lieu of performance bond.

d.

Incomplete Work.

i.

The applicant is responsible for all costs incurred by the city in completing the work covered by the performance assurance. If the applicant fails to complete the project within one year or such other time designated on the right-of-way permit, the city shall call on or use the performance assurance to complete the right-of-way construction. If the amount of the performance assurance is less than the cost and expense incurred by the city in completing the work covered in the permit, the property owner shall be liable to the city for the difference. The city shall release or refund any proceeds of any deposit remaining after subtracting all costs incurred, including, but not limited to, any invoices due and owing from the pass through fees as authorized in NMC 17.88.080(14). If the bond amount or cash in lieu of performance bond is not sufficient to fulfill the completion of the project the City shall have the right to lien the property being developed pursuant to RCW 35A.60.010.

D.

Shoreline Permit Fees. The following fees shall be paid for shoreline permits:

1.

Shoreline exemption, one hundred seventy-five dollars.

2.

Substantial development permit, three thousand five hundred dollars.

3.

Conditional Use Permit/Variance, five thousand dollars.

E.

Waiver of Fees. Upon appeal of the applicant, the board or commission, may waive any of the fees described in this section and provided that a finding is made that the requirements of a fee resulted from an improper action by the office community development department or other administrative officials of the city.

(Ord. 341 § 1, 2002: Ord. 163 § 12.8, 1989)

(Ord. No. 341A, § 1, 4-24-12; Ord. No. 341-B, § 1, 8-12-14; Ord. No. 341-C, § 1, 2-27-18; Ord. No. 341-D, § 1, 5-14-19; Ord. No. 609, §§ 1, 2, 6-9-20; Ord. No. 620, § 1, 2-23-2021; Ord. No. 630, §§ 1, 2, 3-22-22)

A.

Violation of the provisions of this title or failure to comply with any of its requirements shall constitute a misdemeanor. Any person who violates this title or fails to comply with any of its requirements shall, upon conviction thereof, be fined not more than two hundred fifty dollars and in addition shall pay all costs and expenses involved in the case. Each day such violation continues shall be considered a separate offense.

B.

The owner or tenant of any building, structure, premises, or part thereof, and any architect, builder, contractor, agent or other such person who commits, participates in, assists in, or maintains such violation may be found guilty of a separate offense and suffer the penalties herein provided.

C.

Nothing in this section shall prevent the city from taking any other legal remedy authorized by law.

(Ord. 163 § 12.9, 1989)

Each application for a city permit shall be considered within one hundred twenty days using the following procedural steps:

A.

Preapplication Conference/Staff Site Review. Prior to accepting an application for review, the city clerk-treasurer shall schedule a pre-application conference to review city requirements and the proposed site. The potential applicant will be given notice of the meeting and date of the site visit. Applications involving critical areas shall also be notified in writing of the procedures required in Title 14.

B.

Application/Checklist/Determination of Completeness. Within twenty-eight days of receipt of an application and SEPA checklist the city clerk-treasurer shall review the application, critical areas requirements and environmental checklist for completeness. If incomplete, the clerk-treasurer shall notify the applicant of what is necessary. Upon a finding of completeness the city clerk-treasurer shall schedule any necessary hearing and notify the applicant by letter of the completeness of the application and date of the scheduled hearing. The city clerk-treasurer shall also provide a "notice of application" indicating the applicable comment period to the public and to agencies with jurisdictional authority of the opportunity for a combined city and agency public hearing.

C.

City Staff Review. After the comment period the city clerk-treasurer shall review the application and provide a written "single report" to the applicant. The "single report" as required by ESHB 1724 shall include the city SEPA threshold review and non-city thresholds reviews (if any are requested by agencies) and/or the city determination of adequacy of the existing city plan/EIS as well as all permit requirements of this code and recommendations, mitigation requirements and the date of scheduled open record public hearing (if required). The single report will be mailed to the applicant. A threshold determination requiring an EIS shall follow the SEPA procedures of Chapter 18.04.

D.

Planning Commission Public Open Record Hearing. Upon a finding of completeness the city clerk-treasurer shall schedule and advertise open public hearings if required by this code for the next available planning commission meeting. Notice of the hearing shall be provided as required by Section 17.88.070 of this code. After the hearing, the planning commission or (if none) the staff recommendation shall be forwarded to the applicant and to the city council at its next available public meeting along with a notification of the city decision time line for filing and appeal of the planning commissions/staff recommendation. As required by ESHB 1724 all appeals shall be only on the record.

E.

City Council Decision/Appeal Period. Following a fourteen-day appeal period as per RCW 36.70B.130, the city clerk-treasurer shall schedule consideration of the planning commission (or staff) recommendation including any filed appeal at the next available city council meeting. Any appeals shall be in writing. The city council consideration shall be a closed record consideration; provided that nothing herein shall prevent the city council from ascertaining information necessary to its considerations.

F.

Project Completion Review. Within one hundred twenty days of the receipt of a complete application and upon completion of the city council's consideration the city clerk-treasurer shall mail a letter to applicant of the city council's determination.

(Ord. 307 § 3, 2000; Ord. 264 § 1, 1998)

When the pre-application review indicates critical areas, wetlands or a more thorough review of environmental impacts (i.e., SEPA) in addition to the requirements of Section 17.88.100 the application process shall include the following:

A.

Critical areas include flood plains, steep slopes, wetlands and fish and wildlife habitat. The following steps are required to meet the completeness review prior to schedule city consideration:

1.

Steep Slopes. Two areas have steeper slopes, in one area slopes are between eight percent and fifteen percent and another area slopes are between fifteen and thirty percent or greater. At the time of construction structures may be required to have engineered foundations in the first case and shall have engineered foundations in the later case. Applicant is to be so notified in the single report of city requirements.

2.

Wetlands and Fish and Wildlife (Includes All Flood Areas). Applicant must use the planned unit development approach minimizing impacts on wetland and habitat areas and a management plan developed by the applicant with review and comments (pro or con) by the Washington State Department of Fisheries is required for consideration. Applicant is to be so notified in the completeness review and the application is not complete until the management plan is provided.

3.

Flood areas (are included in above areas). All structures must be elevated above the base flood elevation as provided by FEMA or flood proofed as required by the city to a sufficient height to prevent damage to habitable areas. Applicant is to be so notified in the report of city requirements.

4.

State Environmental Policy Act (SEPA) threshold may be exceeded by the nature and size of the potential impacts in that the amount of growth is either more than anticipated by the plan or may be concentrated upon one area such as a street, school, park, stream, wetland, or environmental factor not considered in the city plan/EIS. An applicant's proposal for mitigation must be submitted with the application to be considered in the completeness review. The applicant may be required to develop an environmental impact statement meeting the requirements of the State Environmental Policy Act. Impacts greater than anticipated in the city plan/EIS or for any one area in the plan (i.e., thirty to fifty percent of anticipated twenty-year growth in one development) may be required to accomplish such an analysis. A determination of significance (DS) releases the city from meeting the one hundred twenty-day time line requirements of ESHB 1724. A scoping notice provides the opportunity to accomplish an abbreviated EIS addressing only those areas identified through the scoping process. Time lines are as established in Chapter 18.04.

(Ord. 264 § 2, 1998)