This Code may be cited as the "Port Angeles Municipal Code" or "PAMC."

(Ord. 3711 § 1(Exh. A), 4/4/2023)

Whenever a reference is made to the Port Angeles Municipal Code or "PAMC," or to any portion thereof, the reference applies to all amendments, corrections, and additions adopted by the City Council, regardless of whether such amendments, corrections, and additions have been codified into the PAMC.

(Ord. 3711 § 1(Exh. A), 4/4/2023)

This Code may be amended by reference to Code section without referring to the underlying ordinance. If an ordinance amending this Code is enacted with a numbering system that is inconsistent with the Code numbering system, the City Clerk is authorized to assign an appropriate code number and to codify the ordinance accordingly. The repeal of any Code section does not revive the original text of the Code section, but rather, repeal of an existing section repeals the underlying ordinance section and all of its amendments.

(Ord. 3711 § 1(Exh. A), 4/4/2023)

Unless otherwise explicitly provided, any codes or regulations adopted by reference, such as the Revised Code of Washington ("RCW"), Washington Administrative Code ("WAC"), and Clallam County Code, include the Code or regulation as it reads at the time of adoption by the City and any subsequent amendments thereto.

(Ord. 3711 § 1(Exh. A), 4/4/2023)

If any section, subsection, sentence, clause or phrase of this Code is for any reason held to be invalid or unconstitutional, such decision will not affect the validity of the remaining portions of this Code. The Council declares that it would have passed this Code, and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases had been declared invalid or unconstitutional, and if for any reason this Code should be declared invalid or unconstitutional, then the original ordinance or ordinances will remain in full force and effect.

(Ord. 3711 § 1(Exh. A), 4/4/2023)

The following words and phrases whenever used in the PAMC or City ordinances are as defined in this section unless from the context a different meaning is intended or unless different meaning is specifically defined and more particularly directed to the use of such words or phrases.

"City" means the City of Port Angeles, Washington, the area within the territorial limits of the City, and such territory outside of the City over which the City has jurisdiction or control by virtue of any constitutional or statutory provision.

"City Manager" means the City Manager and the City Manager's designee(s).

"Computation of time" means the time within which an act is to be done. It is computed by excluding the first day and including the last day; and if the last day is Sunday or a legal holiday, that day is excluded.

"Council" means the City Council of the City of Port Angeles, Washington.

"County" means Clallam County, Washington.

"Day" means business days when five or fewer days are specified, and calendar days when more than five days are specified.

"Law" denotes applicable federal law, the Constitution and statutes of the State of Washington, the ordinances of the City of Port Angeles, and when appropriate, any and all rules and regulations promulgated thereunder.

"May" and "should" are permissive.

"Month" means a calendar month.

"Must" and "shall" are mandatory.

"Oath" includes any affirmation or declaration in all cases in which, by law an affirmation may be substituted for an oath; and in such cases "swear" and "sworn" are equivalent to "affirm" and "affirmed".

"Person" means any natural person, joint venture, joint stock company, partnership, association, club, company, corporation, business, trust, organization, or the manager, lessee, agent, officer, or employee of any of them.

"State" means the State of Washington.

"Year" means a calendar year.

(Ord. 3711 § 1(Exh. A), 4/4/2023)

A.

The PAMC, the ordinances of the City of Port Angeles, and all proceedings thereunder, are to be construed with a view to affect their objectives and to promote justice.

B.

The following grammatical rules apply to the PAMC and ordinances of the City:

1.

Gender. Pronouns in masculine, feminine and neutral genders are construed to include any other genders.

2.

Singular and plural. The singular number includes the plural, and the plural includes the singular, unless explicitly provided otherwise.

3.

Tenses. Words used in the present tense include the past and the future tenses and vice versa, unless manifestly inapplicable.

4.

Reference to City officials and personnel. Whenever a City employee or official is referenced as having the authority to take action on behalf of the City, such reference includes the employee's or official's designee, unless otherwise stated or where such action is limited to the individual.

C.

Whenever any act or omission is made unlawful, it includes causing, allowing, permitting, aiding, abetting, suffering, or concealing the fact of such act or omission.

(Ord. 3711 § 1(Exh. A), 4/4/2023)

An official corporate seal for the City is adopted and is described as follows: an ordinary seal with the words: "The City of Port Angeles, State of Washington," with the word "Seal" in the center thereof.

(Ord. 3711 § 1(Exh. A), 4/4/2023)

The City of Port Angeles hereby adopts the powers of initiative and referendum for the registered voters of the City as provided pursuant to RCW 35A.11.080 through 35A.11.100, which are adopted by reference. Such powers are to be exercised as provided in the RCW and consistent with state, federal, and local law.

(Ord. 3711 § 1(Exh. A), 4/4/2023)

The City adopts the Washington plane coordinate system as established by Chapter 58.20 RCW.

(Ord. 3711 § 1(Exh. A), 4/4/2023)

Unless otherwise specifically provided, any person violating any provision or failing to comply with any of the requirements of the PAMC or City's ordinances, is guilty of a misdemeanor. Any person convicted of a misdemeanor is punished by a fine of not more than $1,000.00, or by imprisonment not to exceed 90 days, or by both such fine and imprisonment.

Each such person is guilty of a separate offense for each violation and for every day during any portion of which any violation of the PAMC or City's ordinances is committed, continued, or permitted by any such person.

(Ord. 3711 § 1(Exh. A), 4/4/2023)

If the person cited fails to pay a penalty imposed pursuant to this Code, the penalty may be referred to a collection agency. The cost to the City for the collection services shall be added as costs to the amount to be collected. Alternatively, the City may pursue collection in any other manner allowed by law.

(Ord. 3711 § 1(Exh. A), 4/4/2023)

Except when otherwise stated, all fees and charges to be collected by the City will be defined and set forth in the City's fee schedule. Such fees are nonrefundable and include all taxes, unless explicitly noted.

(Ord. 3723 § 1, 11/8/2023; Ord. 3711 § 1(Exh. A), 4/4/2023)

Unless otherwise provided, all fees and charges must be paid in advance and in full. Applications must include payment of any applicable fees. Such payment is a prerequisite to the City's issuance of any permit or grant or approval of any application.

(Ord. 3711 § 1(Exh. A), 4/4/2023)

Fees may be waived by the City Manager if necessary to support the poor or infirm.

A.

Temporary waiver of permit fees.

1.

All fees, not mandated by the state, are hereby suspended until September 1, 2024 for all construction that meets the following criteria:

a.

Accessory dwelling units (ADUs), duplexes, triplexes, townhouses, cottage developments, and multifamily developments;

b.

Used for long-term residential housing; and

c.

Reserved for families at or below 80% area median income (AMI) until September 2028;

d.

The owner or developer has submitted an application that demonstrates the construction is eligible for the waiver.

2.

The Department of Community and Economic Development is authorized and directed to administer this program and to design and make available to applicants the process, procedures, and forms that will be used to determine the applicant's eligibility for this waiver no later than August 1, 2022.

(Ord. 3719 § 1, 9/5/2023; Ord. 3711 § 1(Exh. A), 4/4/2023)

Except when otherwise stated, any utility rates or charge imposed by the PAMC will be set forth in the City's rate schedule. Such rates are nonrefundable and include all taxes, unless explicitly noted.

(Ord. 3711 § 1(Exh. A), 4/4/2023)

The City Manager is authorized to administratively adjust the fees contained in the fee schedule adopted pursuant to this chapter, effective January 1st of each year or soon thereafter, based upon the Consumer Price Index for all urban consumers (CPI-U) as measured from June 1st to June 1st, unless the Port Angeles Municipal Code calls for the use of another index/other indices, the fee is set by another agency, or specific circumstances apply to the calculation of the fee. Annual administrative adjustments to the fees established by this chapter shall be rounded as appropriate to ensure efficient administration of fee collection. Any annual administrative adjustments to the City's fee schedule by the City Manager will be published on the City's website and communicated to the City Council in writing.

(Ord. 3711 § 1(Exh. A), 4/4/2023)

The City of Port Angeles shall recognize Indigenous People's Day on the second Monday of October each year. On this occasion, the City encourages its officials and employees, and local organizations and the community, to acknowledge that City of Port Angeles sits on Klallam ancestral lands and to recognize the many contributions that Klallam people, as well as other indigenous people, have made to our community with their knowledge, labor, technology, economics, science, philosophy, arts, and the deep cultural influences which have shaped the character of our City.

(Ord. 3711 § 1(Exh. A), 4/4/2023)

The City of Port Angeles shall celebrate on the 19th day of June each year an annual day of recognition in remembrance of the day the Emancipation Proclamation came to Texas, and the enslaved people realized they were free as a reminder that individual rights and freedoms must never be denied.

On this occasion, the City encourages its officials and employees, local organizations, and all members of the community, to commemorate the day in 1865 when news of the Emancipation Proclamation finally reached the last confederate state, Texas, and the enslaved people realized they were free. As noted in a bill adopted by the Washington legislature in 2007, and here adopted and endorsed by the Council of the City of Port Angeles:

". . . on June 19, 1865, Union soldiers landed at Galveston, Texas with news that the Civil War had ended and the slaves were now free; that this was two and a half years after President Lincoln signed the Emancipation Proclamation on January 1, 1863; that the end of slavery brought on new challenges and realities in establishing a previously nonexistent status for African-Americans in the United States; that racism and continued inequality is the legacy of slavery and acknowledging it is the first step in its eradication; and that since 1980 June 19th has been celebrated as Juneteenth across the United States as a day for people to come together in the spirit of reconciliation to commemorate the contributions of African-Americans to this country's history and culture."

(Ord. 3711 § 1(Exh. A), 4/4/2023)