No person will be allowed to serve on the City Council for more than three consecutive four-year terms.

(Ord. 3750 § 1(Att. A), 6/3/2025; Ord. 3060, 9/15/2000; Ord. 2368, 1/3/1986)

A.

Effective January 1, 2024, and for the duration of the Council member's current term of office, the salary for a Council member whose term of office began prior to January 1, 2024 will remain as follows:

1.

The Mayor will receive $650.00 per month;

2.

The Deputy Mayor will receive $600.00 per month;

3.

All other City Council members will receive $550.00 per month.

B.

Effective January 1, 2024, the salary for a Council member whose term of which office began on or after January 1, 2024, will be as follows:

1.

The Mayor will receive $1,300.00 per month;

2.

The Deputy Mayor will receive $1,200.00 per month;

3.

All other City Council members will receive $1,100.00 per month.

C.

Pursuant to state statute, Council members have been eligible, and will continue to be eligible, to receive reimbursement for their actual and necessary travel expenses incurred in the performance of the duties of their office. Such actual and necessary expenses include necessary costs for childcare incurred to allow travel as part of the performance of the member's official duties.

D.

Beginning 2026 and thereafter every even year, the topic of City Council compensation will be on the Council agenda for discussion prior to budget approval.

(Ord. 3750 § 1(Att. A), 6/3/2025; Ord. 3713 §§ 1, 2, 5/16/2023; Ord. 3153 §§ 1—3, 12/26/2003)

Members of the City Council of the City of Port Angeles are eligible to participate in the City's authorized medical and dental insurance plans; provided that the Council member pays 100 percent of the premium for such insurance and meets all of the policy and eligibility criteria governing these plans.

(Ord. 3750 § 1(Att. A), 6/3/2025; Ord. 3153 § 4, 12/26/2003)

The regular meetings of the Council will generally be held on the first and third Tuesdays of each month, beginning at 6:00 p.m. In the month of August, Council will hold only one regular meeting, which shall be on the third Tuesday of the month beginning at 6:00 p.m. Public hearings will be scheduled to begin at 6:30 p.m. or as soon thereafter as possible. Such regular meetings will conclude by 10:00 p.m.; provided that the City Council may, upon motion, continue to meet past that hour upon items on the agenda not considered prior to 10:00 p.m. If the date of any such regular meeting of the City Council falls upon a legal holiday, such meeting will be held either on the preceding business day or on the succeeding business day or on such other day as decided by motion of the Council. Also, if the first regular Council meeting in November falls on an election night, then the regular Council meeting will fall on Wednesday following election night. Notice of the day selected for the meeting will be given to the local news media at least 24 hours prior to the meeting. Such meetings will be held in the Council chambers at the Port Angeles City Hall, 321 East Fifth Street, Port Angeles, Washington.

(Ord. 3750 § 1(Att. A), 6/3/2025; Ord. 3675 § 1, 6/1/2021; Ord. 3627 § 1, 9/3/2019; Ord. 3487 § 1, 10/15/2013; Ord. 3010, 4/1/1999; Ord. 2981, 2/13/1998; Ord. 2463 § 1, 11/15/1987; Ord. 2328, 3/11/1985; Ord. 2230 § 1, 9/4/1982)

Editor's note— Ord. 3675 codified in § 2.04.010 was adopted as Ord. 3775, at the direction of the City has been renumbered and published as Ord. 3675 as herein set out above.

There is created and established a Fire Department, to protect life and property from fire, inspect property for fire hazards and require their removal; enforce the ordinances for fire safety in places of public gathering; foster fire prevention, regulate the use of all combustible or explosive materials, regulate and restrain the use of fireworks, provide emergency medical services, and perform such other duties in the protection of life and property as directed by the City Manager.

(Ord. 3750 § 1(Att. A), 6/3/2025)

The City Manager will appoint the Fire Chief who will report directly to the City Manager. The Fire Chief will be appointed for an indefinite term and may be removed at any time by the City Manager. The Fire Chief will direct the operations of the Fire Department and may delegate such duties as necessary.

(Ord. 3750 § 1(Att. A), 6/3/2025)

As authorized by RCW 35A.63.170, the City hereby establishes a Hearing Examiner system and office of the Hearing Examiner. This system vests in the Hearing Examiner the power and authority to hear and decide those issues assigned to the Hearing Examiner in this chapter or other City ordinance. Unless the context requires otherwise, the term "Hearing Examiner" used in the PAMC includes Hearing Examiners pro tempore.

(Ord. 3750 § 1(Att. A), 6/3/2025)

A.

Subject to City Council confirmation, the City Manager will appoint the Hearing Examiner with regard only for qualifications for the duties of the office.

B.

The Hearing Examiner must be an attorney in good standing, licensed to practice law in the State of Washington or a certified professional planner. Qualifications for the office of the Hearing Examiner are expertise in land use law and planning, and the training and experience necessary to conduct administrative or quasi-judicial hearings and issue decisions and recommendations on land use planning and regulatory matters.

C.

The Hearing Examiner may hold no other position in the City Government of Port Angeles or be an employee of, or contractor for, any person under contract to the City of Port Angeles. The Examiner must not be an elected or appointed official who exercises his or her official authority within Port Angeles City limits or the City's UGAs.

D.

The Hearing Examiner will be retained as an independent contractor pursuant to a contract approved by the City Council. The term of appointment, compensation and other requirements will be as established pursuant to contract.

(Ord. 3750 § 1(Att. A), 6/3/2025)

The City Manager may appoint one or more Hearing Examiners pro tempore to act in the absence of the regular Hearing Examiner. Qualifications for Hearing Examiners pro tempore are the same as set forth in PAMC 2.18.020. Hearing Examiners pro tempore, when acting in such capacity, have all powers and duties of the Hearing Examiner as prescribed in this Code or elsewhere.

(Ord. 3750 § 1(Att. A), 6/3/2025)

No person will attempt to influence or in any way interfere with the Hearing Examiner in the performance of their designated duties. The Hearing Examiner must comply strictly with the rules of Chapters 42.23 and 42.36 RCW. The Hearing Examiner will disqualify themself if there exists any condition or situation that would result in an unfair hearing, or an appearance of unfairness.

(Ord. 3750 § 1(Att. A), 6/3/2025)

A.

Review authority. The Hearing Examiner is hereby authorized and directed to hear and decide the following matters:

1.

Type III permits as specified in Tables 18.02.050, 1 and 2.

2.

Appeals of Type I and II permits as specified in Tables 18.02.050, 1 and 2.

3.

Approval of uses not expressly permitted in a specific zone in light of the zoning intentions and consistent with the comprehensive plan.

4.

Appeals from notices of trespass, infractions, and violations issued by City employees and City officials where a right of appeal exists.

5.

Any other matter otherwise expressly delegated to the Hearing Examiner.

B.

Appeals. As to all of the foregoing issues and matters, the decision of the Hearing Examiner is the final decision of the City. Decisions made by the Hearing Examiner may be appealable according to the rules and regulations set forth in the PAMC or state law.

C.

The Hearing Examiner is hereby authorized and directed to conduct a hearing and make findings, conclusions, and recommendations to the City Council on street vacations.

(Ord. 3750 § 1(Att. A), 6/3/2025)

The Hearing Examiner is authorized to adopt rules of procedure.

(Ord. 3750 § 1(Att. A), 6/3/2025)

Filing fees for appeals to the Hearing Examiner will be as set forth in the Master Fee Schedule.

(Ord. 3750 § 1(Att. A), 6/3/2025)

All provisions in Titles 15, 16, 17 and 18 of the Port Angeles Municipal Code that conflict with the procedures for hearing and deciding the matters as specified in sections 2.18.050 and 2.19.020 are repealed and superseded by the provision of this chapter.

(Ord. 3750 § 1(Att. A), 6/3/2025)

This chapter vests in the Director of Community and Economic Development ("the Director") or their designee the power and authority to hear and decide administratively those issues assigned to the Director in this chapter.

(Ord. 3750 § 1(Att. A), 6/3/2025)

A.

Review authority. The Director is hereby authorized and directed to hear and decide the following matters:

1.

Type I and II permits as specified in Tables 18.02.050, 1 and 2.

2.

Any other matter otherwise expressly delegated to the Director.

(Ord. 3750 § 1(Att. A), 6/3/2025)

Decisions of the Director may be subject to appeal as set forth in the PAMC.

(Ord. 3750 § 1(Att. A), 6/3/2025)

There is created and established a Police Department to be operated under the direction and control of the Chief of Police, subject to the supervision of the City Manager.

(Ord. 3750 § 1(Att. A), 6/3/2025)

The City Manager will appoint the Police Chief who will report directly to the City Manager. The Police Chief may be removed at any time by the City Manager. The Police Fire Chief will direct the operations of the Police Department and may delegate such duties as necessary.

(Ord. 3750 § 1(Att. A), 6/3/2025)

The Police Department will consist of regular commissioned personnel, specially commissioned personnel, and noncommissioned personnel in such numbers as determined by the City Council by inclusion in and adoption of the annual budget of the City.

(Ord. 3750 § 1(Att. A), 6/3/2025)

The City establishes a Civil Service Commission and a Civil Service System of employment for certain members of the Police and Fire Departments, which will approve appointments, promotions, layoffs, retention, classifications, terminations and discipline.

The Commission will hold monthly regular meetings and special other meetings as may be necessary to carry out the duties of the Commission. Regular meetings of the Commission will be held at 10:00 a.m. on the third Thursday of each month as needed; provided that the appointing authority is authorized to cancel a regular meeting in the event there are no substantive agenda items to consider.

(Ord. 3743 § 1(Exh. A), 12/17/2024)

This chapter sets forth the policies and provisions that govern the City's Civil Service System, which is intended to operate on a uniform, equitable basis so that the affected employees and the residents of Port Angeles may derive the benefits and advantages which can be expected to result from a competent staff of uniformed personnel. This chapter applies to all members of the Classified Civil Service as specified in PAMC 2.22.040. The provisions of this chapter will prevail except where its provisions conflict with the terms of an applicable collective bargaining agreement.

(Ord. 3743 § 1(Exh. A), 12/17/2024)

As used in this chapter, the words and terms set forth in this section will be given the following definitions:

A.

"Appointing authority" means the City Manager or his designee.

B.

"Appointment" includes all means of selecting, appointing or employing any person to hold any office, place, position or employment subject to civil service.

C.

"Board" means the Interview Board created in this chapter.

D.

"Certify" means to verify to the appointing authority that a list of names and candidates for employment has been selected from the list of persons tested and found eligible for employment.

E.

"Chief Examiner" means the Human Resources Manager or his or her designee.

F.

"Class" means a group of positions designated by the Commission as having similarity in duties and responsibilities, by reason of which the same examination may be used for each position in the group.

G.

"Commission" means the Civil Service Commission created in this chapter, and "Commissioner" means any one of the three Commissioners appointed to that Commission.

H.

"Demotion" means removal of an employee from a higher to a lower class of employment, for cause.

I.

"Discipline" includes personnel actions by the appointing authority that directly affect the employee's compensation, including demotion, suspension without pay, reduction in rank, reduction in compensation, termination, or other terms and conditions of employment. Discipline does not include oral or written reprimands.

J.

"Layoff" means involuntary separation of an employee from a position because of lack of work, nonavailability of funds, or reorganization.

J.

"Reinstatement" means reappointment of an employee to a position in a class in which the employee was employed.

K.

"Suspension" means temporary withdrawal of an employee from employment with or without pay, for cause, or pending determination of charges against the employee which could result in termination.

L.

"Termination" means separation from employment for cause.

(Ord. 3743 § 1(Exh. A), 12/17/2024)

The Civil Service System will be overseen by the appointing authority, the Civil Service Commission, the Chief Examiner, and the Interview Board, which have the following respective powers and duties:

A.

Civil Service Commission.

1.

The Commission consists of three members appointed by the City Council pursuant to PAMC 2.25.050.

2.

In addition to meeting the criteria set forth in PAMC 2.25.040, each member of the Commission must be a citizen of the United States, a resident of the City of Port Angeles for longer than one year immediately preceding their appointment, and registered to vote in Clallam County.

3.

The Commission is responsible for adopting Civil Service Rules necessary to carry out and enforce the purpose of this chapter.

4.

The Commission will make investigations concerning and report upon all matters touching the enforcement and effect of the provisions of this chapter, and the rules prescribed hereunder. In the course of such investigation, the Commission or its designated Commissioner will have the power to administer oaths, subpoena and require the attendance of witnesses and the production by them of documents pertaining to the investigation and also to cause the deposition of witnesses residing within or without the state to be taken in the manner prescribed by law for like depositions in civil actions in the Superior Court. The oaths administered hereunder and the subpoenas issued hereunder will have the same force and effect as the oaths administered by a Superior Court Judge in his judicial capacity. The failure upon the part of any person so subpoenaed to comply with the provisions of this chapter will be deemed a violation of this chapter and punishable as such.

5.

The Commission will hear and determine appeals or complaints respecting the administrative work of the Chief Examiner and such other matters governed by this chapter as may be referred to the Commission.

6.

All hearings and investigations before the Commission or its designated Commissioner will be governed by this chapter and by the rules promulgated pursuant thereto. Neither the Commission nor a designated Commissioner will be bound by the technical rules of evidence. No informality in any proceedings or hearing, or in the manner of taking testimony before the Commission or designated Commissioner, will invalidate any order, decision, rule or regulation made, approved or conformed by the Commission: provided that no order, decision, rule or regulation made by any designated Commissioner conducting any hearing or investigation alone will be of any force or effect whatsoever unless and until concurred in by at least one of the other two Commissioners.

B.

Reserved.

C.

The appointing authority. The appointing authority will fix and establish the number of employees in the Police and Fire Departments and determine their duties and compensation in accordance with the salary ordinance or compensation plan adopted by the City Council.

D.

Chief Examiner.

1.

The Chief Examiner will keep the records for the Commission, preserve all reports made to it, keep a record of all examinations, and perform other duties prescribed by the Commission.

2.

The Chief Examiner will prepare and administer examinations to determine the relative qualifications of persons who seek employment in any class or position. Such examinations must be:

a.

Open to all who meet appropriate job-related qualifications;

b.

Practicable and consist of subjects which will fairly determine the capacity of the candidate to perform the duties of the position for which the examination is held; and

c.

May include tests of physical and mental fitness and/or manual skill.

3.

All applicants for appointment who have served in the armed forces of the United States and have been honorably discharged from any branch of the military, will be allowed a credit of ten percent on the entrance examination grade, provided that such credit will apply to a final score on entrance examinations only.

4.

Based on the results of such examinations, the Chief Examiner will establish eligible lists for the various classes of positions and will certify to the appointing authority the necessary applicants from the established eligible list; provided, that personnel laid off because of curtailment of expenditures, reduction in force, and for like causes, will be placed at the top of the eligible list for their class in the order of their seniority so that they will be the first to be re-employed.

5.

The Chief Examiner will administer the classification plan for the classes covered under the Civil Service System.

E.

Classified Civil Service. The Classified Civil Service includes all regular, full-time employees of the Police and Fire Departments of the City of Port Angeles, excluding the Police Chief and the Fire Chief. All appointments to and promotions in said departments will be made solely on merit, efficiency and fitness, to be ascertained by competitive examination (open, promotional or, lateral, or through a transfer process from within the City of Port Angeles) and impartial investigation. No person will be reinstated in or transferred, suspended or terminated from any such place, position or employment contrary to the provisions of this chapter.

F.

The Interview Board.

1.

The Interview Board will conduct any oral examination given as part of the determination of qualifications of persons seeking employment to the Classified Civil Service.

2.

The Interview Board for new hires will be composed of three people. One member will be the Chief Examiner or their designee. The Chief Examiner will appoint the other two members from the respective operating department. One must be a management representative (excluding the chief of the department) or designee and the other must be a supervisory representative within the department. For promotional examinations, the Interview Board will consist of three uniformed professional personnel in a supervisory capacity from outside the local area. The Chief Examiner or their designee will administer the selection process but will not be a rater.

(Ord. 3743 § 1(Exh. A), 12/17/2024)

A.

An applicant for a position in the Classified Civil Service must be a citizen of the United States of America or a lawful permanent resident who can read and write the English language.

B.

In addition, an applicant for a position of any kind under Civil Service must meet the necessary qualifications as provided for in the job description for the classification, maintained in the City of Port Angeles Personnel Office. Such qualifications include being of good moral character and of temperate and industrious habits; such qualifications and facts to be ascertained in such manner as the Chief Examiner may deem advisable and consistent with the Civil Service Rules promulgated pursuant to this chapter.

C.

An application for a position with the Police Department may be rejected if the Department deems that it does not have the resources to conduct the background investigation required pursuant to Chapter 43.101 RCW. Resources means materials, funding, and staff time.

D.

Further qualifications for each position in the Classified Civil Service will be developed by the Chief Examiner in cooperation with the appointing authority.

(Ord. 3743 § 1(Exh. A), 12/17/2024)

No person applying for or holding an office, place, position, or employment under the provisions of this chapter or the Civil Service Rules promulgated pursuant thereto will be required to reside within the limits of the City of Port Angeles as a condition of employment nor will any such person be discriminated against by the City in any manner because of his or her residence outside of the City limits; provided, that reasonable response time to the City may be considered as a necessary position prerequisite.

(Ord. 3743 § 1(Exh. A), 12/17/2024)

A.

Whenever a layoff occurs by reason of insufficient funds, insufficient work or reorganization, employees in any given class will be laid off in the following order:

1.

Temporary;

2.

Provisional;

3.

Probationary.

B.

The names of regular and probationary employees who have been laid off will be placed upon a reinstatement register for the same class and department from which laid off for a period of one year from the date of layoff.

C.

Notice of layoff will be given to the employee at least 14 days before the effective date thereof.

D.

Layoffs are not subject to the provisions of PAMC 2.22.080 or PAMC 2.22.090.

(Ord. 3743 § 1(Exh. A), 12/17/2024)

The tenure of everyone holding an office, place, position or employment under the provisions of this chapter will be only during good behavior, and any such person may be disciplined for any of the following reasons:

A.

Incompetency, inefficiency or inattention to or dereliction of duty;

B.

Dishonesty, intemperance, immoral conduct, insubordination, discourteous treatment of the public, or a fellow employee, or any other act of omission or commission tending to injure the public service; or any other willful failure on the part of the employee to properly conduct themself; or any willful violation of the provisions of this chapter or the Civil Service Rules to be adopted hereunder;

C.

Mental or physical unfitness for the position which the employee holds;

D.

Dishonest, disgraceful, immoral, or prejudicial conduct;

E.

Drunkenness or use of intoxicating liquors, narcotics, or any other habit-forming drug, liquid or preparation to such extent that the use thereof interferes with the efficiency or mental or physical fitness of the employee, or which precludes the employee from properly performing the function and duties of their position;

F.

Conviction of any felony or misdemeanor, directly or indirectly related to the employee's employment with the City; or

G.

Any other act or failure to act which, in the judgment of the Appointing Authority, is sufficient to show cause for disciplinary action.

(Ord. 3743 § 1(Exh. A), 12/17/2024)

A.

No person in the Classified Civil Service who is a regular, full-time employee and who has completed his/her probationary period under provisions of this chapter, will be disciplined except for cause, and only after service upon the employee of a written statement from the appointing authority outlining the reasons for discipline. A duplicate of this statement must be filed with the Commission.

B.

Within ten days of service of such statement, the employee may file a written request for a hearing with the Commission.

C.

Following receipt of a request for a hearing, the Commission will schedule a public hearing and reasonable notice of the time and place of such hearing will be provided to the employee.

D.

At the hearing, the employee, or their legal counsel, will be afforded the opportunity to present their defense.

E.

The hearing will be confined to the determination of the question of whether the discipline was issued consistent with the provisions of this chapter.

F.

Following the hearing, the Commission may affirm the action of the appointing authority, modify the discipline issued by the appointing authority, or if it finds that the action was not made in good faith for cause, may order reversal of the discipline.

G.

In the event the Commission orders reinstatement or reemployment of an employee, the Commission may, in its discretion, provide that such reinstatement or reemployment be retroactive, entitling the employee backpay.

H.

By submitting a grievance under a collective bargaining agreement, the employee waives their right to demand a hearing under this section.

(Ord. 3743 § 1(Exh. A), 12/17/2024)

A.

Whenever a position in the Classified Civil Service becomes vacant, the appointing authority, if it desires to fill the vacancy, will request the names and addresses of the persons eligible for appointment from the Chief Examiner. The Chief Examiner will certify the names of the five persons highest on the eligible list for entry level positions and the three persons highest on the eligible list for promotional positions. If not eligible list for the class, the Chief Examiner will first either establish such list as provided in this chapter, or otherwise determine what list is appropriate for the class. If more than one vacancy is to be filled, an additional name will be certified for each additional vacancy.

B.

The appointing authority will, after review of the persons so certified, appoint one person to each vacant position. If any person certified by the Chief Examiner is removed from the list or otherwise requests to not be considered for appointment, the Chief Examiner will certify the next highest person on the list to replace those removed. The Civil Service Rules will establish a procedure for removal of names from the eligibility list either prior to or subsequent to certification to the appointing authority.

C.

If the eligible list for entry level positions in a class contains fewer than ten names, the appointing authority may elect to fill the vacancy using those on the eligible list, or fill the vacancy by temporary appointment until the eligible list contains at least ten names.

D.

The Civil Service Rules may provide for expiration of an eligible list when the number of names on such list has been reduced to less than ten for entry level positions or less than three for promotional positions, or may provide for a method of supplementing the list with additional eligibles who have been tested in the same manner as those on the list.

(Ord. 3743 § 1(Exh. A), 12/17/2024)

No appointment, employment or promotion in this system will be deemed complete until after the expiration of a one-year probationary period, excluding any paid or unpaid leave periods greater than 15 working days. Before the expiration of the period of probation, the appointing authority may terminate or, in the case of a promotion, demote an appointee upon filing in writing the reasons therefor with the Commission. If an appointee is not terminated or demoted prior to the expiration of the period of probationary service, their appointment will be deemed complete. An appointee will not have a right to review by or a hearing before the Commission for termination, demotion, suspension or other disciplinary actions imposed during the probationary period. The Civil Service Commission may establish other procedures that would, under certain conditions, increase the probationary period beyond 12 months or reduce the probationary period to six months, when otherwise consistent with this chapter.

(Ord. 3743 § 1(Exh. A), 12/17/2024)

All offices, places, positions and employments coming within the purview of this chapter, will be created by the City Council, and nothing herein contained will infringe upon the power and authority of the City Council to fix the salaries and compensation of all employees employed hereunder.

(Ord. 3743 § 1(Exh. A), 12/17/2024)

Leave of absence, with or without pay, may be granted by the appointing authority to any person under Civil Service; provided, that the appointing authority will give notice of such leave to the Chief Examiner. All temporary employment caused by leaves of absence will be made from the eligible list of the Classified Civil Service.

(Ord. 3743 § 1(Exh. A), 12/17/2024)

It is the duty of the Commission to begin and conduct all civil suits which may be necessary for the proper enforcement of this chapter and of the Civil Service Rules. The Commission will be represented in such suits by the City Attorney or special counsel upon approval by the City Council.

(Ord. 3743 § 1(Exh. A), 12/17/2024)

No person(s) will defeat, deceive, or obstruct any person in respect of his right of examination or registration according to the rules and regulations of this chapter, or falsely mark, grade, estimate or report upon the examination or proper standing of any person examined, registered or certified pursuant to the provisions of this chapter, or aid in so doing, or make any false representation concerning the same, or concerning the person examined, or furnish any person any special or secret information for the purpose of improving or injuring the prospects or chances of any person so examined, registered or certified, or to be examined, registered or certified, or persuade any other person, or permit or aid in any manner any other person, to personate him, in connection with any examination or registration of application or request to be examined or registered.

(Ord. 3743 § 1(Exh. A), 12/17/2024)

No member of the Classified Civil Service is under any obligation to contribute to any political fund or to render any political service to any person or party whatsoever, and no person will be removed, reduced in grade or salary, or otherwise prejudiced for refusing so to do.

(Ord. 3743 § 1(Exh. A), 12/17/2024)

Any person who willfully violates any of the provisions of this chapter is guilty of a misdemeanor.

(Ord. 3743 § 1(Exh. A), 12/17/2024)

There is hereby established a Disability Board pursuant to the terms and provisions of RCW 41.26

(Ord. 3735 § 1, 11/6/2024)

The board is composed of five members meeting the following criteria set out in RCW 41.26.110(1).

(Ord. 3735 § 1, 11/6/2024)

The board shall perform all functions, exercise all powers, and make all such determinations as specified in Ch. 41.26 RCW.

(Ord. 3735 § 1, 11/6/2024)

The board will hold four regular meetings annually and special other meetings as may be necessary to carry out its duties. Regular meetings of the board will be held at City Hall on the second Thursday of January, April, July, and October, provided that the chair of the board is authorized to cancel a regular meeting in the event there is no substantive agenda items to consider.

(Ord. 3735 § 1, 11/6/2024)

The purposes of this chapter are to provide for the preparation and carrying out of plans, in accordance with the City's comprehensive emergency management plan, including mock or practice drills, for the protection of persons and property within the City in the event of a disaster, and to provide for the coordination of the emergency management functions of the City with all other public agencies and affected private persons, corporations and organizations. Any expenditures made in connection with emergency management activities, including mutual aid activities, and mock or practice drills, will be deemed conclusively to be for the direct protection and benefit of the inhabitants and property of the City of Port Angeles.

(Ord. 3750 § 1(Att. A), 6/3/2025)

A.

Emergency or disaster means an incident or set of circumstances that:

1.

Demands immediate action to preserve public health, protect life, protect public property, or to provide relief to any stricken community overtaken by such occurrences; or

2.

Reaches such a dimension or degree of destructiveness as to warrant the proclamation of a state of emergency.

Examples of an emergency or disaster include, but are not limited to: actual or threatened enemy attack, sabotage, extraordinary fire, hazardous material incident, flood, storm, pandemic or epidemic, riot, earthquake or other similar public calamity.

B.

Emergency management means the preparation for and the carrying out of all emergency functions, other than functions for which the military forces are primarily responsible, as necessary to mitigate, prepare for, respond to, and recover from emergencies and disasters, and to aid victims suffering from injury or damage, resulting from disasters, whether natural, technological, or human caused, and to provide support for search and rescue operations for persons and property in distress.

(Ord. 3750 § 1(Att. A), 6/3/2025)

There is hereby created the office of Director of Emergency Management. Such officer will be the City Manager of the City of Port Angeles, or their designee. The Director or their designee is hereby empowered and directed to:

A.

Prepare an emergency operations plan for the City conforming to the requirements specified in Chapter 38.52 RCW. To the greatest extent practicable, the City's plan will be coordinated with county and state plans and programs;

B.

Control and direct the effort of the emergency management organization of the City for the accomplishment of the purposes of this chapter;

C.

Direct coordination and cooperation between divisions, services and staff of the emergency management organization of the City, and to resolve questions of authority and responsibility that may arise between them;

D.

Represent the emergency management organization of the City in all dealings with public or private agencies pertaining to emergency management;

E.

Develop and evaluate emergency plans concerning the application of mitigation strategies, preparation, response, and recovery mechanisms and to include such in the City's emergency plans, and to transmit such plans to federal, state, regional and local agencies when required by law;

F.

Serve as a spokesperson for emergency management and to coordinate City emergency management activities with various city, county, state, and federal agencies;

G.

Conduct and evaluate testing of emergency plans;

H.

Make rules and regulations to reasonably protect life, property and natural resources during an emergency; provided, however, that such rules and regulations must at the earliest practicable time be reviewed by the Emergency Management Council and adopted by the City Council;

I.

Issue a proclamation of local emergency to authorize the City to take necessary measures to combat a disaster; protect persons, property, and natural resources; provide emergency assistance to victims of the disaster and exercise powers authorized in RCW 38.52.070. These include, but are not limited to, rationing, curfew, budget law limitations, competitive bidding processes, publication of notices, provisions to the performance of public work, entering into contracts, incurring obligations, employment of temporary workers, rental of equipment, and purchase of supplies and materials. Such a proclamation must be confirmed by the City Council when practical;

J.

Submit emergency operations plans and programs, including the ordinance codified in this chapter, the Emergency Management Director will submit same for state review and certification;

K.

Obtain vital supplies, equipment and such other properties found lacking and needed for the protection of the life and property of the people, and bind the City for the fair value thereof, and if required immediately, to commandeer the same for public use;

L.

Require emergency services of any City officer or employee and to requisition necessary personnel;

M.

Execute all of the special powers conferred upon them by this chapter, by statute, by agreement approved by the City Council, or by any other lawful authority; and

N.

Direct and provide for the evacuation of all or part of the population of the City from any stricken or threatened disaster area within the City to locations providing relative safety and shelter.

(Ord. 3750 § 1(Att. A), 6/3/2025)

The City of Port Angeles Emergency Management Council is hereby created and will consist of the following:

A.

The Mayor, who will be chair;

B.

The Director of Emergency Management, who will be vice-chair;

C.

Such City officials, employees and other as may be appointed by the City Manager.

The Emergency Management Council is hereby empowered to review and recommend for adoption by the City Council all emergency management and mutual aid plans and agreements and such ordinances, resolutions, contracts, rules and regulations as are necessary to implement such plans and agreements. The Emergency Management Council will meet upon call of the chair or, in their absence from the City or inability to call such meeting, upon the call of the vice-chair.

(Ord. 3750 § 1(Att. A), 6/3/2025)

A.

All officers and employees of the City, the Civilian Auxiliary Police Force, Volunteer Fire Department, and any other volunteer groups designated by the Emergency Management Director and registered as emergency management workers with the Emergency Management Council, together with those volunteer forces enrolled to aid them during a disaster, and all groups, organizations, and persons who may be by agreement or operation of law, including persons pressed into service under the provisions of section 2.24.030.L. of this chapter, charged with duties incident to the protection of life and property in the City during a disaster, will constitute the emergency management organization of the City of Port Angeles.

B.

The functions and duties of the City of Port Angeles emergency management organization will be distributed among such divisions, services, and special staff as directed by the Emergency Management Director. Insofar as possible, the form of organization, titles and terminology will conform to the recommendations of the Federal Emergency Management Agency and the Emergency Division of the State Department of Community Development.

(Ord. 3750 § 1(Att. A), 6/3/2025)

It is a misdemeanor for any person:

A.

To willfully obstruct, hinder or delay any member of the emergency management organization in the enforcement of any lawful rule or regulation issued pursuant to this chapter or state law, or in the performance of any duty imposed upon them by virtue of this chapter;

B.

To do any act forbidden by any lawful rules or regulations issued pursuant to this chapter, if such act is of such a nature as to give, or be likely to give assistance to the enemy, or to imperil the lives or property of inhabitants of this City, or to prevent, hinder or delay the defense or protection thereof;

C.

To wear, carry or display, without authority, any means of identification specified by the City's Director of Emergency Management.

(Ord. 3750 § 1(Att. A), 6/3/2025)

In this chapter, the City's standing boards, commissions, and committees, collectively, may be referred to as "permanent committees." The purpose of this chapter is to eliminate separate rules, bylaws, and procedures for different permanent committees and to provide uniform policies and procedures for them. The provisions of this chapter apply to all permanent boards, committees, and commissions, except the Civil Service Commission; provided, that in the event of a conflict between the provisions of this chapter and those relating to a specific permanent committee, the more specific provision will govern. This chapter does not apply to Chapter 2.22 PAMC, or to ad hoc or temporary boards, commissions or committees established by the City Council.

(Ord. 3743 § 1(Exh. A), 12/17/2024)

A.

All appointments, except for appointments to fill vacancies, and except for youth advisor members, will be for four years terms. Each term will begin on March 1st of the year in which the appointment is made and expire on the last day of February of the year in which the appointment will expire.

B.

The term for youth advisor members shall be from the date of appointment until the person no longer meets the qualification to serve as a youth advisor member, but in any event not longer than four years.

C.

Terms will be staggered so that no more than two members' terms expire in the same year.

D.

An appointment to fill a vacancy occurring before the expiration of a regular term will be for the remainder of that term only.

E.

No person will be allowed to serve on a particular permanent committee for more than two full consecutive terms and may not serve on that permanent committee for four years following the end of their service on that permanent committee; provided that any person now serving on a permanent committee on the effective date of this chapter will be entitled to complete the term that he or she has been appointed to serve.

F.

For any permanent committee that at the time of enactment of this chapter has more appointed members than are authorized by the modifications to this Code, all current members will continue to serve until the expiration of their terms at which time their position will expire.

(Ord. 3743 § 1(Exh. A), 12/17/2024)

In addition to the members specified in Chapters 2.26, 2.32, 2.36, 2.68, and 2.70 below, every permanent committee will have one position for a youth advisor. The youth advisor will be a resident of the City, at an age ranging from 14 to 18 at the beginning of the term, a non-voting member, and be appointed through the process described in section 2.25.050 below. A parent or guardian of the youth advisor member must give written permission for the member to participate on the permanent committee.

(Ord. 3743 § 1(Exh. A), 12/17/2024)

A.

Permanent committee members will be selected to represent a broad spectrum of the community and will be appointed without regard to political affiliation and in accordance with the employment prohibitions adopted by the U.S. Equal Employment Opportunity Commission.

B.

Criteria used in selecting members includes, but will not be limited to, the following:

1.

Members have displayed an interest in the work of the permanent committee to which they have applied.

2.

Members will not be City employees, provided that elected officials will not be deemed City employees for purposes of this limitation.

3.

Members will be familiar with the rules of procedure and conduct applicable to permanent committee members.

4.

Unless provided otherwise by individual committee compositions, members will be City residents: their domicile and permanent residence is inside the City limits of the City.

(Ord. 3743 § 1(Exh. A), 12/17/2024)

The process for selection and appointment of members of permanent committees, other than City Council members, will be uniform for all permanent committees, except in instances where the process for selection of a member of the permanent committee is directed by state law, in which case the City will follow that process and procedure. The City Clerk may determine the timeline to fill the remainder of a vacant term in a process similar to the process below for expiring terms. For expiring terms, the process and procedure for selecting members of permanent committees will be as follows:

A.

During the summer prior to the expiration of a term of a committee member, the staff to the committee will notify the committee member and the City Clerk that the term is expiring.

B.

By August 15, the committee staff will prepare a set of written questions to be directed to all applicants who apply to become members of the committee. The questions will be written to assess the applicant's aptitude and suitability to carry out the work performed by the committee. City Council or the City Manager may review and determine the set of written questions.

C.

By September 1, prior to the expiration of the member's term, the City Clerk will post on the City's website and advertise in the City's legal newspaper an invitation for applicants. Applications will be accepted until October 31. When no applications are received the City Clerk can extend the application period. The currently composed City Council ad hoc committee may also extend the application period.

D.

The City Clerk will provide all applicants with the questions and instructions to return their answers to the City Clerk no later than October 31.

E.

The review and selection process will be as follows:

1.

Upon vacancy, or prior to the expiration of one or more terms in September or October, the Council will appoint up to three Council members to serve on an ad hoc committee to review applications for each permanent committee. The members of the ad hoc committee will consist of up to three Council members, one member from the permanent committee, other than the chair, selected by the permanent committee chair, and one staff member from the City department that staffs the permanent committee. All members will be voting members.

2.

The ad hoc committee will review the applications for membership on the permanent committee. The ad hoc committee will meet and review answers submitted by applicants, and schedule interviews if desired. The members of the committee will make a recommendation to City Council about the best qualified candidate. If the recommendation is not unanimous, the dissenting members of the ad hoc committee may also provide written or oral input to the Council, and, if requested, may provide their input in executive session under RCW 42.30.110(1)(h) ("To evaluate the qualifications of a candidate for appointment to elective office.").

3.

The City Council will review the recommendations from the ad hoc committee. If the Council deems it beneficial, it may conduct interviews. The Council will make appointments to the permanent committees.

F.

The City Council, at a regularly scheduled meeting, will appoint committee members to the expiring or vacated term.

G.

For appointment of City Council members to permanent committees, the Mayor will nominate the City Council member appointees as part of the process of assigning Council members to boards and committees in January of even years. Such appointments are subject to approval by the Council.

(Ord. 3743 § 1(Exh. A), 12/17/2024)

A.

Within six months of appointment, and annually thereafter, every member of a permanent committee will attend training in the Open Public Meetings Act, ethics for municipal officials, and the Public Records Act.

B.

The City Clerk is authorized to determine the time, manner, place, and content of such training.

(Ord. 3743 § 1(Exh. A), 12/17/2024)

A.

A member of a permanent committee is automatically removed after failing to attend three consecutive regular meetings of the committee. There are no excused absences, however the removed member is not prohibited from re-applying for the position and is for this purpose only, exempt from the four-year break in section 2.25.030.E.

B.

The City Council may remove a member of a permanent committee prior to the expiry of the member's term for one or more of the following reasons:

1.

Incompetency, inefficiency, or inattention to or dereliction of duty with regard to the work on the committee.

2.

Dishonesty, discourteous treatment of staff, members of the public, or other committee members, or any other act or omission that is prejudicial to the committee, the City, or City staff.

3.

Other good cause, as determined by the City Council, in its sole discretion, sufficient to show cause for removal of the member.

C.

A request to remove a permanent committee member may be submitted to the City Attorney in writing by any member of the permanent committee or by the City Manager. Such a request must cite applicable subsections from section B above and provide specific facts to support the request.

1.

The City Attorney may determine that the request does not contain sufficient evidence to warrant dismissal under this section, and if so the City Attorney will notify City Council of the decision in executive session, which will end the procedure unless the Council initiates additional action.

2.

If the City Attorney determines the request does contain sufficient evidence to be considered good cause under this section, then within five days of receiving the request the City Attorney will notify the member who is the subject of the request, provide the member a copy of the request, notify the member of their right to request "a public hearing or a meeting open to the public" per RCW 42.30.110(f), and request a written response within 14 days or confirm that the member will not be providing a response.

D.

After receiving the request, the City Council may consider the request and its basis in open session or in executive session.

1.

If the request is first considered in executive session no action will be taken in executive session. The member who is the subject of the request may request "a public hearing or a meeting open to the public" per RCW 42.30.110(f).

2.

The Council in open session may then determine what further actions it will take. It may:

a.

Take no action;

b.

Enter into the minutes of the meeting a statement that the request to remove was considered; and that the City Council will not take further action on the request;

c.

Vote to remove the member;

d.

Initiate such further steps as it deems necessary and appropriate to evaluate the request to remove the member and then make a decision on the request.

(Ord. 3743 § 1(Exh. A), 12/17/2024)

If the City Manager has probable cause that a member's service on a permanent committee is a substantial risk to public health or safety, the City Manager may suspend the member and prohibit their participation as a member of the permanent committee. The City Manager should attempt to consult with the City Attorney, committee chair, and Mayor prior to making this decision, but if time is of the essence the City Manager can act unilaterally. Regardless, the City Manager must then immediately draft a request to remove the member and follow the procedure in PAMC 2.25.060. If the removal process does not result in the member's removal, then the member's suspension is automatically terminated at the conclusion of the removal proceeding.

(Ord. 3743 § 1(Exh. A), 12/17/2024)

A.

The Port Angeles City Council Rules of Procedure will be the rules of procedure for all permanent committees.

B.

Each permanent committee will elect its own chair and vice-chair in March of each year from among its members. The City Manager must designate a staff member to be Secretary for the committee.

C.

For purposes of conducting the permanent committee's business, exercising its powers and for all other purposes, a quorum of the permanent committee consists of a simple majority of the filled positions.

D.

All meetings of the City's permanent committees will be noticed and held in accordance with the Open Public Meetings Act, Chapter 42.30 RCW.

E.

To the extent possible, all meetings of all permanent committees will be held in the City Council chambers where there is equipment to facilitate virtual meeting participation.

F.

All regular meetings of permanent committees will allow at least one public comment opportunity at the meeting. The process for public comment at permanent committees will be the same rules that apply during City Council meetings. Permanent committees do not address quasi-judicial matters, which are the jurisdiction of the City's Hearing Examiner and potentially City Council.

G.

The staff of the permanent committee will keep minutes of all meetings held and all business transacted. The format for minutes will be action minutes that record the actions taken and the respective members' positions, but not discussion. All records of the permanent committee will be open for public inspection, except those that may be exempt from public disclosure under state law.

(Ord. 3743 § 1(Exh. A), 12/17/2024)

The City Manager must designate a City staff member to provide administrative support for each permanent committee and act as the committee's Secretary, including being responsible for written action minutes of the committee's meetings, publication of meeting notices, and other administrative and clerical functions for the committee. Such staff will work under the direction of the City Manager. The permanent committees are not authorized to direct staff.

(Ord. 3743 § 1(Exh. A), 12/17/2024)

A.

Permanent committee's work that would lead to recommendations to City Council will follow state law requirements, municipal code requirements, an adopted work plan, or the Council-approved department workplan. Work plan items may originate from the City Council, the permanent committees, or from staff.

1.

For work plan items originating from the City Council:

a.

The Council will direct the permanent committee to address the item and may appoint a member of Council to act as liaison to the board until the permanent committee has completed work on the item and prepared either a report or a recommendation for the Council.

b.

The Council liaison will attend the next meeting of the permanent committee to explain the work plan item.

c.

Once the permanent committee has completed its work on an item, the chair or the chair's designee will present a report on that item to City Council.

2.

For work plan items originating from the permanent committees:

a.

By majority vote, the permanent committee may request City Council approval to address a specific work plan item. The committee chair or the chair's designee will present the request to the City Council or the City Manager and answer questions about the work plan item, if necessary. The committee must provide the City Council with specific information about their intended end product.

3.

For work plan items originating from City staff:

a.

Staff may make recommendations for adding permanent committee work plan items to City Council by:

i.

Notifying the members of the relevant permanent committee of the suggested work plan item and its intended end product, and

ii.

Identifying the staff work plan item that the suggested item supports.

(Ord. 3743 § 1(Exh. A), 12/17/2024)

Permanent committee members will serve without compensation.

(Ord. 3743 § 1(Exh. A), 12/17/2024)

A.

Permanent committee members have the same right of inquiry as recognized for City Councilmembers in RCW 35A.13.120 and limited in scope to the subject matter and staff members relevant to the work of the permanent committee. Committee support staff should promptly answer permanent committee members' requests for information or inform the member that staff capacity does not allow for answering the inquiry. Permanent committee members' questions and requests for information are only public records requests if specifically specified as such by the permanent committee member.

B.

Permanent committee members are required to act in the best interest of the City, including:

1.

Giving reasonable care and attention to their responsibilities, including considering all materials available to them before making a decision, seeking additional input if the materials before them are not enough to make a decision, and not simply accepting the information presented but assessing the information with a critical eye.

2.

Exercising independent judgement and acting without personal economic conflict. A permanent committee member who has a conflict of interest or who may appear to have a conflict of interest should identify the conflict publicly and recuse themself from the decision making process by leaving the room.

3.

Ensuring the City is following its policies and complying with the law. If permanent committee members identify an actual or probable breach of duty or law, they should report it up the chain of supervision authority by first reporting to the Department Director, then the City Manager, and finally the City Council (note that permanent committee members nor the permanent committee as a body, do not supervise any City staff).

(Ord. 3743 § 1(Exh. A), 12/17/2024)

A.

The staff liaison for each permanent committee will ensure that the public webpage for the committee contains the following information:

1.

The time and location of regular meetings of the committee, and a link to the meeting agenda page.

2.

The current committee workplan, and department workplan, as well as a link or directions to an archive of retained past workplans.

3.

The current committee member names, City email addresses, and each member's start date on the committee and current term expiration date. Optionally, committee members may submit for inclusion a biography (250 words or less), portrait photo, and the committee member's personal phone number.

4.

The email address of the staff liaison to the committee.

(Ord. 3743 § 1(Exh. A), 12/17/2024)

A.

There is established a Public Safety Advisory Board. The board is to advise and make recommendations to, and as requested by, the City Council, City Manager, Chief of Police, and Fire Chief concerning the provision of public safety services within the City. The committee may make recommendations on ways to enhance Police Department and Fire Department community relations, make recommendations on ways to promote public awareness of the City's Police and Fire services and programs, review and make recommendations concerning Police and Fire Department policies, procedures, programs, accreditation standards, and budgetary implications, and make recommendations regarding legislative changes affecting public safety services in Port Angeles.

B.

Notwithstanding the broad duties of the board under subsection A of this section, the board will have no power or authority to investigate, review, or otherwise participate in matters involving specific public safety personnel or specific public safety related incidents unless specifically requested by the Police Chief, Fire Chief or City Manager, or designated by state law.

(Ord. 3743 § 1(Exh. A), 12/17/2024)

The board is composed of seven City residents meeting the criteria found in PAMC 2.25.040.

(Ord. 3743 § 1(Exh. A), 12/17/2024)

The board will hold nine regular meetings annually. Regular meetings of the board will be held at 6:00 p.m. on the third Wednesday of each month, except during the month of August provided that the chair of the board is authorized to cancel a regular meeting in the event there are no substantive agenda items to consider. With the approval of the City staff liaison, the chair, or the board by motion, may schedule special meetings.

(Ord. 3743 § 1(Exh. A), 12/17/2024)

There is established a Parks, Recreation and Facilities Commission. The commission advises and makes recommendations to, and as requested by, the City Council, City Manager, and Director of Parks and Recreation on all matters relating to park, recreation, facilities, and all other matters as the City Council may deem appropriate. The commission may make recommendations on ways to enhance Parks and Recreation Department community relations, concerning Parks and Recreation Department policies, procedures, programs, and standards, on how to promote public awareness of the Parks and Recreation Department's services and programs, and regarding legislative changes affecting Parks and Recreation Department services in Port Angeles.

(Ord. 3743 § 1(Exh. A), 12/17/2024)

The board is composed of seven City residents meeting the criteria found in PAMC 2.25.040.

(Ord. 3743 § 1(Exh. A), 12/17/2024)

The commission will hold nine regular meetings annually. Regular meetings of the commission will be held at 6:00 p.m. on the third Thursday of each month except during the month of August provided that the chair of the board is authorized to cancel a regular meeting in the event there are no substantive agenda items to consider. With the approval of the City staff liaison, the chair, or the commission by motion, may schedule special meetings.

(Ord. 3743 § 1(Exh. A), 12/17/2024)

There is hereby established a City Planning Commission. The commission advises on all matters relating to land use planning and comprehensive planning. The commission may make recommendations on ways to enhance Community and Economic Development Department's community relations; review and make recommendations concerning Community and Economic Development Department policies, procedures, programs, and standards; make recommendations on how to promote public awareness of the Community and Economic Development Department services and programs; and review and make recommendations regarding legislative changes affecting Community and Economic Development Department services in Port Angeles.

(Ord. 3743 § 1(Exh. A), 12/17/2024)

A.

The commission will consist of seven members.

B.

In addition to the general criteria set forth in PAMC 2.25.040, members of the Planning Commission must:

1.

Have an understanding of: (1) the benefits to the community of zoning and planning; and (2) the scope and purpose of the City's comprehensive plan; and

2.

Reside in the City.

(Ord. 3743 § 1(Exh. A), 12/17/2024)

The commission will hold nine regular meetings annually. Regular meetings of the commission will be held at 6:00 p.m. on the fourth Wednesday of each month except during the month of August provided that the chair of the board is authorized to cancel a regular meeting in the event there are no substantive agenda items to consider. With the approval of the City staff liaison, the chair, or the commission by motion, may schedule special meetings.

(Ord. 3743 § 1(Exh. A), 12/17/2024)

The Planning Commission may recommend to the City Council a comprehensive plan designed for the benefit of the City as provided by law and prepared as a whole, or may recommend parts or any amendment, extension or addition thereto. Before such recommendations are made to the City Council, the Planning Commission will hold a public hearing thereon.

(Ord. 3743 § 1(Exh. A), 12/17/2024)

The following City officers and employees will provide bonds in the principal amounts set forth in this section, conditioned for the faithful performance of their duties and proper account of all funds coming into their hands:

A.

City Clerk .....$25,000.00

B.

Chief of Police .....$25,000.00

C.

City Manager .....$25,000.00

D.

City Treasurer .....$25,000.00

E.

Finance Director .....$50,000.00

Such bonds will run in favor of the City and be executed by a fidelity or surety company authorized to transact such business within the state. The form must be approved by the City Attorney and be satisfactory to any proper department of the state supervising the same. The premium charged for such bonds will be paid by the City.

(Ord. 3750 § 1(Att. A), 6/3/2025)

A.

Except as noted in subsections B, C, and D, all public offices of the City will remain continuously open for the transaction of business from 8:00 a.m. until 5:00 p.m. Monday through Friday of each week.

B.

Customer service hours are: Monday through Friday, 8:30 a.m. to 4:30 p.m.

C.

Police Department hours are: Monday through Friday, 9:00 a.m. to 4:00 p.m.

D.

On Saturdays, Sundays and state legal holidays all such public offices will be closed.

E.

Whenever a legal holiday falls upon a Sunday, the holiday will be observed on the following Monday.

F.

Whenever a legal holiday falls upon a Saturday, the holiday will be observed on the preceding Friday.

(Ord. 3750 § 1(Att. A), 6/3/2025)

The following chapters and sections of the RCW as they now exist or may hereafter be amended, renumbered or recodified, whether in the same or different section, chapter or title of the RCW, are hereby adopted by reference as a part of the PAMC and established in all respects as though such sections were set forth herein in full; and further provided, the inclusion of section captions is for convenience in identifying the subject of code sections only, and any error therein does not affect the validity of the adoption by reference of the section so adopted:

Chapter 68.04—Definitions.

Chapter 68.24—Cemetery property.

Chapter 68.36 RCW—Abandoned lots.

Chapter 68.28 RCW—Mausoleums and columbariums.

Chapter 68.32 RCW—Title and rights to cemetery plots.

Chapter 68.50 RCW—Human remains.

Chapter 68.52 RCW—Public cemeteries and morgues.

Chapter 68.56 RCW—Penal and miscellaneous provisions.

(Ord. 3750 § 1(Att. A), 6/3/2025)

All lots must be purchased at the Ocean View Cemetery Office. No lots, tracts, or grave space may be occupied for burial purposes until the same has been paid for in full. The cemetery sexton will permit no burials except upon production of the legal deed evidencing ownership by the applicant applying for permission to bury and, if the legal deed owner is not present, then a notarized statement giving permission from the legal deed owner is required from the applicant. Lots are sold for the burial of human remains only.

(Ord. 3750 § 1(Att. A), 6/3/2025)

The schedule of prices of all lots, graves, crypts, niches, plots, tracts, or parcels of land in the platted portion of the cemetery property and any changes thereto will be set by resolution of the City Council and filed in the office of the City Clerk. Upon payment in full of all charges for purchase of a lot in, the City will give to the purchaser a deed or certificate of ownership to the burial lot or plat in question, subject to all existing and future cemetery rules and regulations and the limitations set out in this chapter. Such deeds or certificates will state that the property therein described may not be resold and that only the City may re-purchase such property from the legal deed or certificate holder for the amount previously paid by the purchaser.

(Ord. 3750 § 1(Att. A), 6/3/2025)

When interments must be made, notice must be given in advance to the cemetery sexton so as to give the City a reasonable length of time in order to properly prepare the grave. The cemetery sexton will not perform an interment without a burial permit.

(Ord. 3750 § 1(Att. A), 6/3/2025)

Interment, disinterment, or removal will normally take place on weekdays, but may be permitted on weekends and legal holidays at an additional cost.

(Ord. 3750 § 1(Att. A), 6/3/2025)

When an interment is to be made, the exact position of the grave must be designated in writing on the cemetery map and burial permit and the position located by two cemetery sextons.

(Ord. 3750 § 1(Att. A), 6/3/2025)

Multiple interments in one grave will not be allowed except in cases of parent and infant child buried at the same time, infant twin children, or one remains together with up to four cremated remains.

(Ord. 3750 § 1(Att. A), 6/3/2025)

Human remains may be removed from a lot, grave, crypt, or niche in the cemetery with the consent of the cemetery sexton and the notarized written consent of one of the following in the order named:

1.

The surviving spouse or state registered domestic partner.

2.

The surviving children of the decedent.

3.

The surviving parents of the decedent.

4.

The surviving brothers or sisters of the decedent.

If the required consent cannot be obtained, permission by the Superior Court of Clallam County where the cemetery is situated is sufficient, provided that, the permission will not violate the terms of a written contract or the rules and regulations of Ocean View Cemetery. Notice of any planned disinterment must be given in advance to the cemetery sexton so as to give the City a reasonable length of time in order to properly prepare the grave. The cemetery sexton will not perform a disinterment without a disinterment permit and burial-transit permit, if applicable. When removing a full body, a licensed funeral director must be present.

(Ord. 3750 § 1(Att. A), 6/3/2025)

Transfer of title and rights to lots, graves, crypts, or niches in the cemetery will occur as set forth in Chapter 68.32 RCW. The cemetery sexton may require satisfactory proof of their ownership of anyone claiming title to such property. Without such proof, ownership of such lot cannot be recognized by the City. No transfer of any lot or interest therein will be valid without the consent of the cemetery sexton.

(Ord. 3750 § 1(Att. A), 6/3/2025)

Funerals while within the grounds will be under control of the cemetery sexton or their designee at all times.

(Ord. 3750 § 1(Att. A), 6/3/2025)

All graves will be opened and closed by City Parks and Recreation employees. A fee, payable in advance, will be charged for each opening and closing. Such fee shall be as set forth in the Master Fee Schedule.

(Ord. 3750 § 1(Att. A), 6/3/2025)

No interment will be permitted in the cemetery without the cemetery sexton's approval of the outer burial container. Outer burial containers delivered by third parties will be charged a placement fee. The fee must be paid in advance by the representative of the deceased and will not be accepted from the delivery company or other funeral homes and cemeteries.

(Ord. 3750 § 1(Att. A), 6/3/2025)

All graves will be seeded by a City Parks and Recreation employee without charge to the lot owner when the grave has thoroughly settled and has been made level with the surface of adjoining lawn.

(Ord. 3750 § 1(Att. A), 6/3/2025)

A.

All work and care and improvements of the cemetery, lots, and graves will be done by City Parks and Recreation employees. Only authorized City personnel may plant, trim or prune or remove any part of the plants, trees, or shrubs in the cemetery. If any plant, tree, or shrub situated on any grave by means of its roots, branches or otherwise becomes detrimental, dangerous or objectionable to the adjacent graves, walks or avenues, the City has the right to enter upon the grave and remove the plant, trees, or shrubs, or any parts thereof as it may see fit.

B.

Only cut flowers, wreaths, potted plants, floral offerings and flags may be placed on any grave or lot. Objects such as boxes, toys, shells, benches, trellises and other structures are not permitted in the cemetery without approval of the cemetery sexton. Receptacles for cut flowers must be sunk level with the ground to ensure the safety of such articles and to facilitate the cutting of grass. Proper receptacles must be purchased from or approved by and installed by the cemetery sexton at established prices. The cemetery sexton reserves the right to remove and dispose of all unapproved objects without notice to plot owners. The City will not be responsible for anything placed upon graves which may be lost or misplaced.

C.

No crypts or niches will be decorated with items not approved by the cemetery sexton.

D.

All marking of section boundaries will be by cornerstone set by the cemetery sexton. Cornerstones must not project above the ground and must not be altered or removed.

(Ord. 3750 § 1(Att. A), 6/3/2025)

With written permission of the cemetery sexton, monuments may be placed in all sections of the cemetery with the exception of the urn garden and memorial garden. All monuments must be set in line according to the cemetery survey. A single, above ground monument, set on a four-foot by eight-foot grave space, will be no larger than 48 inches in length by 48 inches in height by 28 inches in width, including foundation. A double, above ground monument, set on two side by side four-foot by eight-foot grave spaces, will be no larger than 96 inches in length by 48 inches in height by 28 inches in width, including foundation. A maximum of two markers will be allowed on each four-foot by eight-foot grave space. The marker at the head of the grave may be above ground, but the second marker must be set flush with the existing ground level. Ground level markers must be four inches thick and must be no larger than 48 inches in length by 34 inches in width, including foundation, for a single four-foot by eight-foot grave space, and no larger than 96 inches in length by 34 inches in width, including foundation, set on two side by side four-foot by eight-foot grave spaces. Cement foundations must be four inches thick and are required on all markers with the exception of the urn garden and memorial garden. Markers in the urn garden and memorial garden (up to two per space) may be no larger than 24 inches in length by 12 inches in width by four inches thick and will be set flush with the existing ground level. The cemetery sexton may regulate the uniformity, class, and kind of all markers, monuments, and other structures within the cemetery and its subdivisions.

(Ord. 3750 § 1(Att. A), 6/3/2025)

The installation of all headstones and markers will be done by or witnessed by City Parks and Recreation employees only. A marker crew witness fee for markers set by private parties will be set by the cemetery sexton. Any such private party will have to meet the City insurance requirements and cemetery specifications on the border size of the marker and must clean up and restore the area when finished. The private party must also have the work signed off by the cemetery sexton to ensure it meets all cemetery standards.

(Ord. 3750 § 1(Att. A), 6/3/2025)

In the crematory section, all markers must be flush with the ground.

(Ord. 3750 § 1(Att. A), 6/3/2025)

It is unlawful for the owner or person having control or custody of any dog to allow such dog to enter or be within the Ocean View cemetery. Such violation is subject to issuance of a notice and order of violation and assessment of penalties as set forth in Chapter 2.90 PAMC.

(Ord. 3750 § 1(Att. A), 6/3/2025)

No vehicle other than for cemetery purposes may be driven in any part of the cemetery except on the paved driveways laid out for that purpose. No automobiles may be driven in the cemetery at speeds exceeding 15 miles per hour. No vehicle may be driven or parked within any area of the cemetery between the hours of sunset and sunrise of each day. Any person violating this section is guilty of a misdemeanor.

(Ord. 3750 § 1(Att. A), 6/3/2025)

The City Manager is authorized to dispose of personal property owned by the City as set forth in this chapter when such property is valued at $25,000.00 or less and is no longer of use to the City.

(Ord. 3750 § 1(Att. A), 6/3/2025)

Prior to selling or otherwise disposing of any personal property valued over $25,000.00 or real property of any value, the City Council must determine whether the property to be sold or otherwise disposed of is necessary to the further and efficient operation of the City. If the Council determines the property to be no longer necessary, it will declare the property surplus via resolution. Disposal of the property will then be in accordance with the terms of the resolution and this chapter.

(Ord. 3750 § 1(Att. A), 6/3/2025)

Pursuant to with RCW 35.94.040, personal property or equipment with an estimated value of greater than $50,000.00 or real property of any value that was originally acquired for public utility purposes and no longer required for providing continued public utility service may be declared surplus by the City Council via resolution following a public hearing. Such resolution must state the fair market value and such other terms and conditions for disposition as the Council deems to be in the best public interest. This section does not apply to property transferred, leased, or otherwise disposed of in accordance with RCW 39.33.015.

(Ord. 3750 § 1(Att. A), 6/3/2025)

Pursuant to RCW 39.33.010, now or as hereafter amended, the City may sell, transfer, exchange, lease, or otherwise dispose of real or personal property to another governmental entity upon on such terms and conditions as may be mutually agreed upon; provided, that before disposing of surplus real or personal property with an estimated value of more than $50,000.00 in an intergovernmental transfer, the City must hold a public hearing in the manner and with notice as prescribed by RCW 39.33.020, now or as hereafter amended.

(Ord. 3750 § 1(Att. A), 6/3/2025)

A.

The City Council may direct either the sale or the "trade-in" of old personal property upon the purchase of new, similar personal property.

B.

If the Council elects to trade-in used personal property, it will include, in a call for bids for the new equipment, a notice that the City has for sale or trade-in used equipment of a specific type and description that will be sold or traded-in on the same day and hour that bids on the new equipment are opened. Any bidder on the new equipment may include, in their offer to sell, an offer to accept the used equipment as a part payment of the new equipment purchase price, setting forth the amount of such allowance.

C.

Persons wishing to bid on the purchase of the used property only, may submit a bid for such purchase independent of a bid on the new equipment.

D.

In determining the lowest and best bid on the new equipment, the Council will consider the net cost to the City of such new equipment after trade-in allowances have been deducted.

E.

The City Council may accept the new equipment bid of any bidder, without trading in the old equipment, but may not require any bidder to purchase the used equipment without awarding the bidder the new equipment contract.

F.

The Council may accept an independent offer to purchase the used equipment, rather than allowing a trade-in, if that is the most cost effective to the City.

(Ord. 3750 § 1(Att. A), 6/3/2025)

A.

Notwithstanding any other section of this chapter, when City property is declared surplus, the City Manager may sell or dispose of the property in any legal, commercially reasonable manner in the best interests of the City, including, but not limited to, public auction, private sale, sealed bid, exchange of in-kind goods, or through a broker or agent.

B.

Whenever City property is to be sold by sealed bid or at public auction, the City Clerk must publish notice thereof once during each of two successive weeks in the official newspaper of the City. Notice will also be posted in a conspicuous place at City Hall. The date of first publication must be at least ten days prior to the date fixed for the sale of the property.

C.

The notice of sale must particularly describe the property to be sold and designate the day, hour, place of sale, and the method of bidding.

D.

Title to any City property disposed of pursuant to this chapter will not be transferred until the purchase price has been fully paid.

E.

The City may authorize a donation of surplus property when the cost of disposition of the property is equal to or exceeds the current fair market value of the property, to a specific bona fide charitable organization which is tax exempt pursuant to Internal Revenue Code § 501(c)(3).

F.

Property valued at $500.00 or less that cannot be sold due to its condition or obsolescence may be donated, sold for scrap, destroyed, recycled, or thrown away.

G.

If any surplus property is purchased with grant funds, the City will consult with the granting agency to ensure the sale or disposal of the property is consistent with any grant requirements or restrictions.

(Ord. 3750 § 1(Att. A), 6/3/2025)

All firearms taken into the custody of the Port Angeles Police Department that are not retained for law enforcement use and no longer needed for evidence, will be disposed of in accordance with RCW 9.41.098.

A.

Antique firearms and firearms recognized as curios, relics and firearms of particular historical significance by the United States Treasury Department, Bureau of Alcohol, Tobacco and Firearms will be disposed of by auction or trade to licensed dealers or to museums or historical societies.

B.

Firearms lawful to possess that have been ordered by a court of competent jurisdiction to be returned to the owner under RCW 9.41.098(3), or for which a timely claim has been filed by the owner under RCW 63.32.010, will be returned to the owner.

C.

The Port Angeles Police Department may retain legal forfeited firearms for law enforcement use as determined by the Chief of Police.

D.

All other firearms that are judicially or administratively forfeited, forfeited due to failure to timely claim them following notice from the City pursuant to Chapter 63.32 RCW, or released by their owner to the department may be disposed of in any manner determined by the City as provided by RCW 9.41.098(2). Pursuant to RCW 9.41.098(2)(b), of these firearms, illegal firearms must be destroyed, and the City may retain a maximum of ten percent of legal forfeited firearms for law enforcement use as determined by the Chief of Police.

(Ord. 3750 § 1(Att. A), 6/3/2025)

Unless the context indicates otherwise, the words and phrases used in this chapter will have the following meanings:

A.

"Employee" means any person who is or has been employed by the City.

B.

"Official" means any person who is serving or has served as an elected City official, and any person who is serving or has served as an appointed member of any City Board, Commission, or Committee.

(Ord. 3750 § 1(Att. A), 6/3/2025; Ord. 2196 § 1, 2/15/1982)

A.

As a condition of service or employment with the City of Port Angeles, the City will provide to an official or employee, subject to the conditions and requirements of this chapter, and notwithstanding the fact that such official or employee may have concluded service or employment with the City, such legal representations as may be reasonably necessary to defend a claim or law suit filed against such official or employee resulting from any conduct, act, or omission of such official or employee performed or omitted on behalf of the City in their capacity as a City official or employee, which act or omission is within the scope of their service or employment with the City.

B.

Except as may be provided in any applicable insurance policy, such legal representation will be provided by the City Attorney or their designee.

(Ord. 3750 § 1(Att. A), 6/3/2025; Ord. 2196 § 2, 2/15/1982)

A.

The obligations assumed under this chapter by the City and the City Attorney will not apply to:

1.

Any dishonest, fraudulent, criminal, or malicious act of an official or employee;

2.

Any act of an official or employee that is not performed on behalf of the City;

3.

Any act that is outside the scope of an official's or employee's service or employment with the City; or

4.

Any lawsuit brought by or on behalf of the City.

B.

The provisions of this chapter have no force or effect with respect to any accident, occurrence, or circumstance for which the City or the official or employee is insured against loss or damages under the terms of any valid insurance policy.

(Ord. 3750 § 1(Att. A), 6/3/2025; Ord. 2196 § 3, 2/15/1982)

The determination of whether an official or employee is entitled to a defense by the City under the terms of this chapter will be made by the City Attorney. There will be no appeal from such determination, except to the Superior Court by means of an action for declaratory judgment.

(Ord. 3750 § 1(Att. A), 6/3/2025; Ord. 2196 § 4, 2/15/1982)

The provisions of this chapter are applicable, provided that the following conditions are met:

A.

In the event of any incident or cause of conduct potentially giving rise to a claim for damage, or the commencement of a suit, the official or employee involved will, as soon as practicable, give the City Attorney written notice thereof, identifying the official or employee involved, all information known to the official or employee with respect to the date, time, place, and circumstances surrounding the incident or conduct giving rise to the claim or lawsuit, as well as the names and addresses of all persons allegedly injured or otherwise damaged thereby, and the names and addresses of all known witnesses.

B.

Upon receipt thereof, the official or employee will forthwith deliver any claim, demand, notice, or summons or other process relating to any such incident or conduct to the City Attorney, and will cooperate with the City Attorney or an attorney designated by the City Attorney, and, upon request, assist in making settlements of any suits and enforcing any claim for any right of subrogation against any persons or organizations that may be liable to the City because of any damage or claim of loss arising from the incident or course of conduct.

C.

Such officials or employees will attend interviews, depositions, hearings, and trials and assist in securing and giving evidence and obtaining attendance of witnesses.

D.

Such officials or employees may not accept nor voluntarily make any payment, assume any obligation, or incur any expense; other than for first aid to others at the time of any incident or course of conduct giving rise to any such claim, loss, or damage.

E.

Such officials or employees may provide their own legal representation as long as there is a written agreement with the City that the officials' or employees' counsel will cooperate with the defer to the lead role of the City's counsel. The expense associated with such additional counsel will be the responsibility of the individual official or employee.

(Ord. 3750 § 1(Att. A), 6/3/2025; Ord. 3113 § 1(part), 4/12/2002; Ord. 2196 § 5, 2/15/1982)

If legal representation of an official or employee is undertaken by the City Attorney, all of the conditions of representation are met, and a judgment is entered against the official or employee, or a settlement made, the City will pay such judgment or settlement; provided, that the City may, at its discretion, appeal as necessary such judgment.

(Ord. 3750 § 1(Att. A), 6/3/2025; Ord. 2196 § 6, 2/15/1982)

In the event that any official or employee fails or refuses to comply with any of the conditions of section 2.64.050, then all of the provisions of this chapter will be inapplicable and have no force or effect with respect to any such claim or litigation.

(Ord. 3750 § 1(Att. A), 6/3/2025; Ord. 3113 § 1(part), 4/12/2002; Ord. 2196 § 7, 2/15/1982)

A.

If the City Attorney determines that an official or employee does not come within the provisions of this chapter, but a court of competent jurisdiction later determines that such claim does come within the provisions of this chapter, then the City will pay any judgment rendered against the official or employee and reasonable attorney's fees incurred in defending against the claim. The City will pay any attorney's fees incurred in obtaining the determination that such claim is covered by the provisions of this chapter.

B.

If the City Attorney determines that a claim against a City official or employee does come within the provisions of this chapter, and a court of competent jurisdiction later finds that such claim does not come within the provisions of this chapter, then the City must be reimbursed by the City official or employee for costs or expenses incurred in obtaining the determination that such claim is not covered by the provisions of this chapter.

(Ord. 3750 § 1(Att. A), 6/3/2025; Ord. 2196 § 8, 2/15/1982)

Nothing contained in this chapter will be construed to modify or amend any provision of any policy of insurance where any City official or employee thereof is the named insured. In the event of any conflict between this chapter and the provisions of any such policy of insurance, the policy provisions control; provided, however, that nothing contained in this section may be deemed to limit or restrict any employee's or official's right to full coverage pursuant to this chapter, it being the intent of this chapter and section to provide complete coverage outside and beyond insurance policies that may be in effect, while not compromising the terms and conditions of such policies by any conflicting provision contained in this chapter.

(Ord. 3750 § 1(Att. A), 6/3/2025; Ord. 2196 § 9, 2/15/1982)

The provisions of this chapter apply to any pending claim or lawsuit against an official or employee, or any such claim or lawsuit hereafter filed, irrespective of the date of the events or circumstances which are the basis of such claim or law suit.

(Ord. 3750 § 1(Att. A), 6/3/2025; Ord. 2196 § 10, 2/15/1982)

There is established a Utility Advisory Committee. The committee advises and makes recommendations on all matters relating utilities. The committee may make recommendations to enhance Department of Public Works and Utilities community relations; concerning the Department of Public Works and Utilities policies, procedures, programs, standards, and budgetary implications; on ways to promote public awareness of Department of Public Works and Utilities services and programs; and regarding legislative changes affecting Department of Public Works and Utilities services in Port Angeles.

(Ord. 3743 § 1(Exh. A), 12/17/2024)

A.

The committee will consist of seven full-time members meeting the following criteria in addition to that found in PAMC 2.25.040:

1.

Three members of the committee will be current City Council members.

2.

Four members representing the community at large who must be City residents.

B.

The committee will also include two part-time members meeting the following criteria in addition to that found in PAMC 2.25.040:

1.

One part-time member must represent the industrial customers of the City's utilities and need not be a City resident. For purposes of this section, "industrial customers" means those customers who are served under the City's industrial transmission rate classification. This member only votes on utility rates that include industrial rates, does not count as a committee member for purposes of quorum, and is only required to attend meetings that consider the cost of service assessments that include industrial rates.

2.

One part-time member must represent high users of emergency medical services in the City, such as but not limited to adult family homes, boarding homes/assisted living facilities, and nursing homes. This member does not need to be a City resident. This member only votes on Medic I rates, does not count as a committee member for purposes of quorum, and is only required to attend meetings that consider the Medic I Cost of Service Assessment.

(Ord. 3743 § 1(Exh. A), 12/17/2024)

The committee will hold nine regular meetings annually. Regular meetings of the committee will be held at 3:00 p.m. on the second Tuesday of each month except during the month of August provided that the chair of the board is authorized to cancel a regular meeting in the event there are no substantive agenda items to consider. With the approval of the City staff liaison, the chair, or the committee by motion, may schedule special meetings.

(Ord. 3743 § 1(Exh. A), 12/17/2024)

There is created the Port Angeles Lodging Tax Advisory Committee. The committee, pursuant to RCW 67.28.1816, makes recommendations to City Council for the expenditure of lodging tax funds; advises and make recommendations on matters relating to collection and expenditure of lodging tax funds in Port Angeles; encourages individuals and community groups to participate in lodging tax sponsored programs and services; and reviews and makes recommendations regarding legislative changes affecting the collection and expenditure of lodging tax in Port Angeles.

(Ord. 3743 § 1(Exh. A), 12/17/2024)

A.

Composition. The Lodging Tax Advisory Committee is composed of the following seven members:

1.

One City Council member.

2.

Two members who are representatives of businesses required to collect the lodging excise tax.

3.

Two members who are persons involved in activities authorized to be funded by lodging excise tax revenue.

4.

Two citizen-at-large members who neither represent businesses required to collect the lodging excise tax nor are persons involved in activities authorized to be funded by the lodging excise tax. The two citizen-at-large members will be voting members.

In the event that the City Council does not receive a sufficient number of applications for vacant citizen-at-large positions that meet this criteria, the Council may appoint citizen-at-large positions without the restrictions, so long as the number of members who are representatives of businesses required to collect tax under this chapter will be equal to the number of members who are involved in activities authorized to be funded by revenue received under this chapter.

B.

Additional criteria. Members must meet the following criteria, in addition to that found in PAMC 2.25.040:

1.

Members must have declared in their applications which category of membership they are applying for, so that members will be eligible for only one of the categories set forth in PAMC 2.70.030.A.

C.

Terms. The term of office will be two years.

(Ord. 3743 § 1(Exh. A), 12/17/2024)

The committee will hold three meetings annually. With the approval of the City staff liaison, the chair, or the committee by motion, may schedule special meetings.

As required by RCW 67.28.1817, the City Council member will chair the committee.

(Ord. 3743 § 1(Exh. A), 12/17/2024)

The City Manager or designee, in connection with the City Attorney or their designee, is responsible for developing and implementing the City's position on the resolution of all pre-litigation claims by or against the City.

A.

The City's designated Risk Manager is the City's appointed agent to receive any claim for damages against the City under Chapter 4.96 RCW. The Risk Manager may be reached during the normal business hours of the City at City Hall, 321 East Fifth Street, Port Angeles, Washington 98362.

B.

All City departments, divisions and other City agencies must report immediately to the City Manager or designee the occurrence of any accident or incident that may give rise to a claim for damages by or against the City.

C.

The City Manager or designee will transmit copies of the nonlitigation claim or potential claim to the affected department and/or individual, and, where appropriate, to the insurance representative.

D.

All claims investigations, including investigation by the City Manager or designee, will be conducted and/or coordinated in consultation with the City Attorney or their designee. In performing and/or coordinating such investigation, the City Manager or designee may employ the services of specialists.

E.

The City Manager or designee has authority to negotiate the settlement of any pre-litigation claim in an amount authorized under the City's Financial Management Policy, provided payment of such amount is justified. All other pre-litigation claims will be settled only with authorization by the City Council after considering the report and recommendation of the City Attorney or their designee.

F.

The Office of Risk Management and Safety may write interdepartmental rules detailing the procedures to be followed by all departments to ensure efficient accomplishment of the nonlitigation claims management function.

(Ord. 3750 § 1(Att. A), 6/3/2025; Ord. 3208 § 1 (part), 6/24/2005; Ord. 2756 § 1, 4/16/1993; Ord. 2736, 1/15/1993)

Editor's note— Ord. 3750 amended the title of § 2.76.010 from "Claims management—Nonlitigation claims" to "Claims management—pre-litigation claims," as herein set out above.

A.

Service on the City requires service of process on the Mayor, City Manager, or the City Clerk, as set forth in RCW 4.28.080(2). No other City official or employee may accept service of a summons and/or complaint unless such official or employee is specifically named in the lawsuit, in which event such City official or employee must immediately deliver a copy of such process to the City Clerk.

B.

Upon accepting service of summons and/or complaint, those persons identified in subsection A above must deliver the same to the City Clerk, who will make appropriate copies for distribution and deliver the original document to the City Attorney or their designee, with additional copies to the City Manager or designee.

C.

The City Attorney or their designee may retain such outside experts as necessary for the resolution of litigation that are not covered by insurance. The City Attorney or their designee may elect to represent the City in hearings and/or trials involving such litigation claims or will appoint outside counsel when appropriate and after coordinating with the applicable insurer.

D.

The City Manager or designee, upon the recommendation of the City Attorney or their designee, has authority to approve the settlement of any claim against the City within the limits authorized under the City's Financial Management Policy, provided that payment of such amount is justified. All other claims against the City not covered by insurance will be settled only with authorization by the City's insurance representative and by the City Council after considering the report and recommendation of the City Attorney or their designee. The City Manager or their designee will notify the Council in writing of settlements entered into pursuant to this section.

E.

Except as specifically directed by the City Manager, the City Attorney, or their designee(s), no City department or division, and no City official or employee, acting individually or collectively, may engage in the following acts:

1.

Negotiate or otherwise effect the settlement of a claim or lawsuit involving the City;

2.

Discuss or reveal attorney/client privileged information or work product with anyone except as authorized by the City Manager, City Attorney, or their designees; and

3.

Give written or oral statements describing an accident or incident to anyone other than an investigating law enforcement officer who properly identifies themself as such until after the employee or official has notified the City Attorney or their designee that such a statement has been requested.

(Ord. 3750 § 1(Att. A), 6/3/2025; Ord. 3362, 5/1/2009; Ord. 3208 § 1 (part), 6/24/2005; Ord. 3093, 8/17/2001; Ord. 2767 § 1, 4/16/1993; Ord. 2736, 1/15/1993)

A.

Action for recovery. Legal action by the City for recovery of losses of $25,000.00 or less will be initiated only with authorization by the City Manager, and for losses in excess of $25,000.00 by the City Council. The City Attorney or their designee is responsible for bringing actions, including claims and lawsuits, for recovery of losses to the City arising out of the acts of others. Such losses may include property damage or losses which impact on the City as a result of personal injuries. In addition, the City Attorney or their designee may join the City as a party with any third party in a lawsuit involving recovery of loss to the City.

B.

Allocation of recoveries. Any monies recovered (excluding costs of recovery) on account of losses to the City will be paid to the budget unit or department which has expended funds and/or materials as a result of the loss. Any monies in excess of those so expended must be transferred to the self-insurance fund.

(Ord. 3750 § 1(Att. A), 6/3/2025; Ord. 3362, 5/1/2009; Ord. 3208 § 1 (part), 6/24/2005; Ord. 2756 § 1, 4/16/1993; Ord. 2736, 1/15/1993)

The program authorized by this chapter will be called the community facade and sign improvement program (the program).

(Ord. 3750 § 1(Att. A), 6/3/2025; Ord. No. 3476 § 1, 4/2/2013)

A facade and signage improvement program for commercial buildings is hereby authorized, approved, and adopted.

(Ord. 3750 § 1(Att. A), 6/3/2025; Ord. No. 3476 § 1, 4/2/2013)

The City recognizes the benefits to the City and the public that can result from a facade improvement program. The City has received, and expects to receive in the future, community development block grant (CDBG) generated income that can be used for a facade improvement program. A facade and sign improvement program focused on commercial properties located within core commercial zones throughout the City is one method to promote new investments, spur economic development, and increase the City's revenues.

(Ord. 3750 § 1(Att. A), 6/3/2025; Ord. No. 3476 § 1, 4/2/2013)

The Director of the City's Department of Community and Economic Development is authorized to administer the program. The Director will adopt a policy to implement and administer the program in accordance with this chapter, the guidelines established therein, and the grants that provided the funds to be used for the program.

(Ord. 3750 § 1(Att. A), 6/3/2025; Ord. No. 3476 § 1, 4/2/2013)

The facade improvement program will be taken from the housing rehabilitation fund currently held by the City as a result of CDBG grant income that specifically allows use of the money for a facade improvement program. That amount must be shown as a separate line item in the City's economic development fund and must be maintained and kept separately from other economic development funds. The program will be funded only from federal or state grants that expressly authorize use of the money for a facade improvement program. No general funds of the City may be used for this program.

(Ord. 3750 § 1(Att. A), 6/3/2025; Ord. No. 3476 § 1, 4/2/2013)

To be eligible for the program, a property must: (1) be located in one of the following zones: Commercial Arterial (CA), Commercial Shopping District (CSD), Commercial Neighborhood (CN), Commercial Office (CO), and Commercial Business District (CBD) zones; or (2) be a conforming commercial use in a non-commercial zone.

(Ord. 3750 § 1(Att. A), 6/3/2025; Ord. No. 3476 § 1, 4/2/2013)

The program will provide a grant for funding of facade improvements that will enhance the physical appearance, accessibility, and overall value of individual buildings as well as surrounding areas.

Awards will be issued as grants for up to $10,000.00 or no more than 50 percent the total project cost (whichever is less).

Upon budget availability and identification of a specified "redevelopment area," funding contributions may be increased on a per parcel basis. Such consideration will be given when the City is engaged in the design process.

The program will also provide a grant for funding of sign improvements and replacement that enhances the physical appearance, accessibility, and overall value of individual buildings as well as surrounding areas. Awards will be issued as grants for up to $1,000.00 or no more than 50 percent the total project cost (whichever is less).

Improvements using these funds must be made pursuant to applicable building permit(s) and in accordance with the City of Port Angeles Comprehensive Plan and zoning requirements.

(Ord. 3750 § 1(Att. A), 6/3/2025; Ord. No. 3476 § 1, 4/2/2013)

Buildings must be located within the CBD or on an arterial roadway. The City may designate a "redevelopment area" that correspond to large local public or private sector investments. The owner, for themself and their successors, must agree to maintain improvements for a minimum of a five-year period. The project must: (1) increase taxable value of building and must be considered new construction per RCW 36.21.080; or (2) is a project on property that is not subject to property tax but that does increase the valuation of surrounding property. The project must increase taxable value of building and must be considered new construction per RCW 36.21.080. The owner, for themself and their successors, must agree to maintain improvements for a minimum of a five-year period.

(Ord. 3750 § 1(Att. A), 6/3/2025; Ord. No. 3476 § 1, 4/2/2013)

The following are eligible for funding through the program:

•

Rehabilitation, reconstruction, or restoration to the exterior, streetside of a participating building facade;

•

Glass, windows, doors, trim, and accessories that are part of the streetside facade;

•

Signage;

•

Professional architectural/design/contractor fees as deemed appropriate for eligible works;

•

Awnings, canopies, fences, and landscaping features;

•

Street grade entrances which contribute to activity along street edge.

(Ord. 3750 § 1(Att. A), 6/3/2025; Ord. No. 3476 § 1, 4/2/2013)

The following are not eligible for funding through the program:

•

Interior improvements;

•

Roof repairs;

•

Non-street facing entrances;

•

Non-arterial street locations inside a commercial zone, but, outside the Central Business District;

•

Signs resulting in an increase in sign area as defined by PAMC 14.36.020;

•

Non-permanent or temporary structures.

(Ord. 3750 § 1(Att. A), 6/3/2025; Ord. No. 3476 § 1, 4/2/2013)

In evaluating proposals for funding under the program, the following factors will be considered:

•

Private contribution over and above the required match;

•

Present condition of existing facade or sign;

•

The building's overall public visibility, i.e., the building's relationship to public parking, widely utilized civic spaces, or public parks;

•

Expected increase in assessed value of improvement;

•

Historical preservation;

•

Context in the block or neighborhood;

•

Priority will be given to projects that benefit partner projects on same block;

•

Other factors relevant to the purpose of the program may be considered.

(Ord. 3750 § 1(Att. A), 6/3/2025; Ord. No. 3476 § 1, 4/2/2013)

The administrative procedure to be adopted by the Director for reviewing and evaluating applications for funding under the program must be fair and objective. At a minimum, the review and evaluation process must include in the following:

1.

Arrange pre-application meeting with staff to determine eligibility.

2.

Submit application along with relevant paperwork, including, but not limited to:

•

Written summary of how the project addresses evaluation criteria;

•

An itemized cost breakdown;

•

Historical documentation;

•

Architectural renderings;

•

Site photos and/or plans.

3.

Staff will perform initial site visit(s) and inspection(s) of the property.

4.

A recommendation will be made by staff and forwarded to the City Planning Commission.

5.

Upon selection by Planning Commission, a grant agreement is made and construction of the approved work may begin.

6.

Upon completion of work, staff will conduct final site visit(s) and inspection(s) to ensure compliance with grant agreement.

7.

Upon review and approval of documented expenses, the City will issue a grant check to the applicant for the full amount of approved funding.

(Ord. 3750 § 1(Att. A), 6/3/2025; Ord. No. 3476 § 1, 4/2/2013)

The purpose of this chapter is to: establish an efficient system to enforce civil violations of the PAMC; to establish penalties; provide for abatement of any affected properties; to collect all costs associated with abatement; and to provide an opportunity for a prompt appeal and decision on alleged violations of these regulations when requested. Unless otherwise specified, the provisions of this chapter apply to the enforcement of all civil provisions of the PAMC. In the event of a conflict between a provision in this chapter and any other enforcement provision of the PAMC, the more specific provision applies.

The PAMC is enforced for the benefit of the health, safety, and welfare of the general public, and not for the benefit of any particular person or class of persons. It is the intent of this chapter to place the obligation for complying with its requirements upon the owner, occupier, tenant, manager, agent, or other person responsible for the violation or condition of land and buildings situated within the City of Port Angeles and within the scope of the PAMC. No provision or any term used in this chapter is intended to impose any duty upon the City or any of its officers or employees that would subject them to damages in a civil action.

(Ord. 3750 § 1(Att. A), 6/3/2025; Ord. 3681 § 1, 11/3/2021)

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. Undefined terms are interpreted using their common usage meaning and to give this chapter its most reasonable application.

"Civil violation" means any violation or noncompliance with a civil provision of the PAMC not otherwise designated as an infraction, misdemeanor, or gross misdemeanor.

"Person responsible for the violation" or "person responsible" means any person(s) required by the applicable regulation to comply therewith, or who commits any act or omission that is a violation or causes or permits a violation to occur or remain upon property in the City, and includes, but is not limited to, any owner(s), lessor(s), manager(s), agent(s), or other person(s) entitled to control, use and/or occupy property where a civil violation occurs.

"Repeat violation" means a violation of the same or similar PAMC provision in any location by the same person for which: (1) voluntary compliance previously has been sought within two years; or (2) a notice of violation has been issued within two years.

(Ord. 3750 § 1(Att. A), 6/3/2025; Ord. 3681 § 1, 11/3/2021)

A.

The City Manager is authorized to administer and enforce this chapter. The City Manager may delegate authority to the Police, Fire, Community Development, Public Works, or other City departments to assist in enforcement and may also seek assistance from outside agencies or private contractors, if necessary.

B.

When the City Manager determines that any civil violation(s) of PAMC have occurred or are occurring, the City Manager may take any one or more of the following actions:

1.

Investigate any property, structure, or use reasonably believed to be noncompliant with the PAMC.

2.

Issue an oral warning.

3.

Issue a warning letter.

4.

Enter into voluntary compliance agreements with persons responsible for code violations.

5.

Issue notices of violation that require compliance and assess monetary penalties for noncompliance.

6.

Issue stop work, no occupancy, or other orders that require immediate action due to an imminent risk of injury or damage to persons or property.

7.

Suspend, revoke, modify, or deny any permit or approval issued by the City.

8.

Assess monetary penalties for noncompliance.

9.

Direct the City Attorney to initiate court actions necessary to abate violations or to enforce any order issued by the City Manager.

C.

The enforcement procedures in this chapter are not exclusive. The City Manager is authorized to exercise any right, action, or remedy authorized by law or equity, or a combination thereof, to enforce civil violations. Exercise of one procedure does not prevent use of another procedure. Nothing in this chapter prohibits the City Manager from immediately issuing a notice of violation, seeking judicial review, or taking other enforcement action without first taking other remedial actions, when the circumstances warrant more expeditious correction or when the person(s) responsible is a repeat offender.

D.

With the consent of the owner or occupier of a building or premises, or pursuant to a lawfully issued court order, the City Manager is authorized to enter at reasonable times any building or premises to perform any duties imposed by this chapter.

E.

The City Manager is authorized to adopt all procedures, rules, and policies reasonably necessary to fully implement this chapter.

(Ord. 3750 § 1(Att. A), 6/3/2025; Ord. 3681 § 1, 11/3/2021)

A.

A notice of violation, or any other document issued pursuant to this chapter, must be served on the person to whom it is directed by:

1.

Personal service;

2.

Mailing a copy of the document by first class mail or by certified mail, return receipt requested, to such person at their last known address; or

3.

Any means reasonably calculated to effect service.

B.

In the case of stop work, no occupancy, or other orders that require immediate action due to an imminent risk of injury or damage to persons or property, service will be effective upon posting a copy of the order on the subject property. A copy of the document will be served pursuant to PAMC 2.90.040.A as soon as reasonably practicable.

C.

If, after due diligence, such person cannot be personally served within Clallam County and if an address for mailed service cannot be ascertained, notice must be served by posting a copy of the document conspicuously on the affected property or structure.

D.

Proof of service must be made by a written declaration under penalty of perjury executed by the person effecting the service, declaring the time and date of service, the manner the service was made and, if by posting, the facts showing the attempts to serve the person personally or by mail. If service is done by mail, service is deemed complete upon the third business day after depositing the notice into the mail.

E.

In the case where the demolition of a structure is proposed as a means of abatement, any lien holder whose lien interest is recorded in the official records of Clallam County must be given notice of the enforcement action.

F.

Each owner of the land on which the violation occurred or is occurring must be served with the notice of violation.

(Ord. 3750 § 1(Att. A), 6/3/2025; Ord. 3681 § 1, 11/3/2021)

A.

It is the duty of every person responsible for a civil violation to abate the violation and to take all other actions necessary to achieve compliance with the PAMC.

B.

Persons responsible for a civil violation pursuant to a notice of violation must pay all monetary penalties and abatement costs. However, payment of monetary penalties, applications for permits, acknowledgment of stop work orders, and compliance with other remedies do not relieve the persons responsible of the duty to correct a violation.

C.

In addition to any penalty that may be imposed by the City, any person violating or failing to comply with the PAMC is liable for all damage to public or private property arising from such violation, including the cost of restoring the affected area to its condition prior to the violation.

D.

Responsibility for civil violations and the penalties imposed are joint and several, and the City is not prohibited from taking action against a party where other persons may also be potentially responsible for a violation, nor is the City required to take action against all persons potentially responsible for a violation.

(Ord. 3750 § 1(Att. A), 6/3/2025; Ord. 3681 § 1, 11/3/2021)

The City Manager may issue an oral warning upon determining a civil violation has occurred or is occurring. Oral warnings are logged and may be followed up with a re-inspection.

(Ord. 3750 § 1(Att. A), 6/3/2025; Ord. 3681 § 1, 11/3/2021)

The City Manager may issue a warning letter upon determining a civil violation has occurred or is occurring. The warning letter must inform the person responsible of the nature of the violation and specify a reasonable time to correct it or allow the person to enter into a voluntary compliance agreement pursuant to PAMC 2.90.080.

(Ord. 3750 § 1(Att. A), 6/3/2025; Ord. 3681 § 1, 11/3/2021)

A.

The City Manager may enter into a voluntary compliance agreement upon determining a civil violation has occurred or is occurring.

B.

The voluntary compliance agreement must include the following:

1.

The name and address of the person(s) responsible for the violation;

2.

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

3.

A description of the violation(s) and a reference to the PAMC provision(s) which has been violated;

4.

An agreement by the person(s) entering into the voluntary compliance agreement that he, she or they waive the right to a hearing and stipulate that the violation exists;

5.

The required corrective action(s) and a deadline(s) or schedule for compliance;

6.

An agreement permitting the City to inspect the premises as necessary to determine compliance with the voluntary compliance agreement;

7.

A statement that if the terms of the voluntary compliance agreement are not satisfied, the City is authorized to assess monetary penalties, obtain a superior court order requiring the parties to abate the violation, or to abate the violation and recover its costs and expenses (including, but not limited to, abatement materials and costs, attorney fees, expert witness fees, and court costs) from the person responsible; and

8.

A statement that the City is not limited in the enforcement actions or enforcement options available in the event the voluntary compliance agreement is not fully performed.

C.

If the terms of the voluntary compliance agreement are not satisfied, and an extension of time has not been granted, the person responsible for the violation may, without being issued a notice of violation, stop work order, or other order issued pursuant to this chapter, be assessed a monetary penalty plus all costs incurred by the City to pursue compliance. Penalties imposed when a voluntary compliance agreement is not satisfied accrue from the date the voluntary compliance agreement was executed.

(Ord. 3750 § 1(Att. A), 6/3/2025; Ord. 3681 § 1, 11/3/2021)

A.

The City Manager may issue a notice of violation to any person responsible for a civil violation upon determining a civil violation has occurred or is occurring.

B.

A notice of violation represents a determination that a violation has occurred or is occurring, that said violation must be corrected, and that penalties may be assessed.

C.

A notice of violation must include the following:

1.

The name and address of the person(s) responsible for the violation;

2.

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

3.

A description of the violation(s) and a reference to the PAMC provision(s) which has been violated;

4.

The required corrective action and a deadline for compliance;

5.

A statement that the notice of violation may be appealed by filing a written request for a hearing with the Hearing Examiner within 15 days of service of the notice of violation, pursuant to PAMC 2.90.190, and that failure to timely appeal constitutes a waiver of the right to appeal;

6.

A statement indicating that the appeal hearing will be canceled, and/or no monetary penalty will be assessed, other than City costs and expenses, if the corrective action is completed by the specified date or prior to the appeal hearing, if applicable;

7.

A statement that a monetary penalty may be assessed per violation for each day of noncompliance, including the dollar amount of the monetary penalties, and that any assessed penalties must be paid within 14 days of service of the notice of violation;

8.

A statement that payment of the monetary penalties does not relieve a person responsible of the duty to correct the violation and/or to pay monetary penalties or other cost assessments issued;

9.

A statement advising that a failure to timely appeal renders the notice of violation a final determination that the conditions existed and constituted a violation, and that the named party is liable for the violation; and

10.

A statement advising that failure to comply with the notice of violation may be referred to the City Attorney for legal action.

D.

A copy of the notice may be filed and recorded with the Clallam County Auditor.

(Ord. 3750 § 1(Att. A), 6/3/2025; Ord. 3681 § 1, 11/3/2021)

The City Manager may revoke or otherwise modify, in whole or in part, a notice of violation by issuing a written supplemental notice of violation, on the following grounds:

A.

The original notice of violation was issued in error;

B.

There is new information or changed circumstances; or

C.

A person was incorrectly named as a responsible party.

(Ord. 3750 § 1(Att. A), 6/3/2025; Ord. 3681 § 1, 11/3/2021)

A.

The City Manager may issue a stop work order, no occupancy order, or other orders that require immediate action due to an imminent risk of injury or damage to persons or property upon determining a civil violation is occurring or has occurred. Such orders must be posted and served as set forth PAMC 2.90.040.B. Such orders require the immediate cessation of the specified work or activity on the subject property. Work or activity may not resume unless authorized in writing by the City Manager.

B.

A stop work order, no occupancy order, or other orders that require immediate action due to an imminent risk of injury or damage to persons or property may be appealed in accordance with PAMC 2.90.190. Failure to appeal the order within 15 days renders the order a final determination that the civil violation occurred.

C.

Violation of an order issued under this section is a separate violation from any other code violation.

(Ord. 3750 § 1(Att. A), 6/3/2025; Ord. 3681 § 1, 11/3/2021)

A.

In addition to utilizing any other remedy, the City Manager may assess monetary penalties upon determining a civil violation has occurred or is occurring.

B.

Monetary penalties for a civil violation begin to accrue on the first day following the date for compliance set forth in the notice of violation or other order served on the responsible party and continue to accrue each day until the violation is abated.

C.

The cumulative monetary penalty for each violation per day, or portion thereof, is $250.00, with adjustments as allowed pursuant to this section.

D.

Penalties may be doubled based on the following factors:

1.

The violation was a repeat violation;

2.

The violation resulted in physical harm to persons or to another's property;

3.

The violation was knowing or deliberate; or

4.

The violation resulted from gross negligence or reckless conduct.

E.

Penalties may be reduced upon a written request to the City's Code Enforcement Division by the person(s) named in the notice of violation or other order that includes the code enforcement case number, an explanation of the circumstances surrounding the violation, and acts taken to correct the violation. Any person seeking a penalty reduction must prove that the violation has been corrected and the date of correction, as verified by code enforcement. The City Manager will make a determination on the request based on an evaluation of individual circumstances, including, but not limited to, the severity of the violation; the public interest being protected; the cooperation of the person responsible for the violation; whether the person(s) responsible have demonstrated compliance or progress toward compliance to the City's satisfaction; and the ability of the person responsible for the violation to pay the assessed penalties. The decision to reduce penalties is not appealable.

(Ord. 3750 § 1(Att. A), 6/3/2025; Ord. 3681 § 1, 11/3/2021)

A.

Monetary penalties may be waived or revoked by the City Manager under the following circumstances:

1.

The notice of violation, stop work order, or other order was issued in error;

2.

The monetary penalties were assessed in error; or

3.

New material information warranting waiver or revocation has been presented to the City; or

4.

As appropriate to resolve litigation.

B.

The City will state in writing the basis for a decision to waiver or revoke penalties. The decision to waive or revoke penalties is not appealable.

(Ord. 3750 § 1(Att. A), 6/3/2025; Ord. 3681 § 1, 11/3/2021)

A.

To protect environmentally sensitive areas and the public from long-term harm, persons responsible for a civil violation relating to environmentally sensitive areas will not only be required to restore damaged environmentally sensitive areas, if possible and beneficial, but also will be required to pay a monetary penalty to compensate for the ecological, recreational, and economic values lost or damaged due to their unlawful action.

B.

Violations of environmentally sensitive area provisions of the PAMC include, but are not limited to:

1.

The violation of Chapter 15.20 PAMC, Environmentally Sensitive Areas, or related administrative rules;

2.

The failure to obtain a permit required for work in an environmentally sensitive area; or

3.

The failure to comply with the conditions of any permit, approval, terms and conditions of any sensitive area tract or setback area, easement, covenant, plat restriction or binding assurance, or any notice of violation, stop work order, mitigation plan, contract, or agreement issued or concluded pursuant to the above-mentioned provisions.

C.

In addition to assessing monetary penalties pursuant to PAMC 2.90.120, the City may levy additional $250.00 in monetary penalties for each violation of environmentally sensitive area provisions of the PAMC.

(Ord. 3750 § 1(Att. A), 6/3/2025; Ord. 3681 § 1, 11/3/2021)

A.

Upon issuance of a notice of violation, stop work order, or other order issued pursuant to this chapter, the City Manager may charge the costs incurred by the City to enforce a civil violation to the person(s) responsible. These charges include, but are not limited to:

1.

Reasonable legal fees and costs, including, but not limited to, legal personnel costs, court costs, filing fees, collection fees, and all other costs and expenses incurred, as may be allowed by law;

2.

Administrative personnel costs, including, but not limited to, administrative employee costs incurred;

3.

Abatement costs, including, but not limited to, all equipment, material, and labor costs incurred by the City in the abatement of a violation;

4.

Actual expenses and costs of the City in preparing notices, orders, specifications, and contracts; in accomplishing or contracting and inspecting the work; and the costs of any required printing, or mailing; and

5.

Interest in an amount as allowed by law.

B.

Such costs are due and payable 30 days from mailing of the invoice.

(Ord. 3750 § 1(Att. A), 6/3/2025; Ord. 3681 § 1, 11/3/2021)

A.

The City Manager is authorized to collect any monetary penalties, fees, costs, and/or interest owing under this chapter by any appropriate legal means, including, but not limited to, judicial action or the use of a collection agency.

B.

In addition to, or in lieu of, any other state or local provision for the recovery of costs, the City Manager is authorized to levy a special assessment on the land or premises where the violation exists or existed and file with the Clallam County Auditor a lien against the real property for the monetary penalties, fees, and costs assessed, in accordance with any lien provisions authorized by state law. Before levying a special assessment, the City must provide notice to the property owner and any identifiable mortgage holder by regular mail that a special assessment will be levied on the property along with the estimated amount.

C.

Any lien filed is subject to priority pursuant to state law, including, but not limited to, RCW 35A.21.405 to the extent applicable. Any such claim of lien may be amended to reflect changed conditions.

(Ord. 3750 § 1(Att. A), 6/3/2025; Ord. 3681 § 1, 11/3/2021)

A.

Emergency abatement. Whenever a condition constitutes an immediate threat to the public health, safety, or welfare or to the environment, the City Manager is authorized to summarily abate the condition. Notice of such abatement, including the reason for it, must be given to the person responsible for the violation as soon as reasonably possible, whether before or after the abatement action is initiated.

B.

Judicial abatement. The City Manager is authorized to seek a judicial abatement order, mandate, injunction, or other relief from Clallam County Superior Court to abate a civil violation.

C.

Chronic nuisance judicial abatement order. The City Manager is authorized to seek a judicial abatement order, injunction, or other relief from Clallam County Superior Court to abate a condition deemed a chronic nuisance pursuant to Chapter 8.30 PAMC. Such relief, in addition to the remedies outlined in this chapter and Chapter 8.30 PAMC, may seek abatement of the chronic nuisance as follows:

1.

Direct the removal of all personal property subject to seizure and forfeiture pursuant to RCW 69.50.505 from the property, building, or unit within a building, and direct their disposition pursuant to the forfeiture provisions of RCW 69.50.505;

2.

Provide for the immediate closure of the property, building, or unit within a building against its use for any purpose, and for keeping it closed for a period of up to one year unless released sooner; and

3.

State that while the order of abatement remains in effect, the property, building, or unit(s) within a building will remain in the custody of the court.

(Ord. 3750 § 1(Att. A), 6/3/2025; Ord. 3681 § 1, 11/3/2021)

All monies collected from the assessment of monetary penalties and for abatement costs and work will be allocated to support expenditures for abatement and be accounted for through either creation of an account in the City's code compliance fund for such abatement costs, or other appropriate accounting mechanism.

(Ord. 3750 § 1(Att. A), 6/3/2025; Ord. 3681 § 1, 11/3/2021)

A.

All contested matters arising under this chapter will be heard by the Hearing Examiner, by the filing of an appeal.

B.

Every person to whom a notice of violation, stop work order, or other order is issued may contest the notice or order. Failure to appeal the notice or order waives the right to appeal and constitutes an admission that the facts, conclusions, and orders stated in the notice or order are valid, true, and correct.

C.

The fee for an appeal shall be as set forth in the City's Fee Schedule. The appeal fee may be refunded, either wholly or partially, only if the Hearing Examiner finds that the notice or order was issued without reasonable cause.

D.

Any appeal of a notice of violation, stop work order, or other order must be submitted to the City Clerk, in writing, within 15 days of the date the notice or order is served. Receipt of a complete appeal submittal will stay enforcement of a notice of violation until a final decision on the appeal has been reached. Filing of an appeal does not stay enforcement of a stop work order.

E.

The appeal submittal must include:

1.

The case number designated by the City;

2.

The name and signature of each petitioner or their authorized representative, if any. If multiple parties file a single appeal, the appeal must designate one party as the contact representative; and

3.

The specific decision being appealed, and the specific reasons why each aspect is in error as a matter of fact or law.

F.

The Hearing Examiner will conduct a hearing consistent with Chapter 2.18 PAMC and will:

1.

Prepare findings regarding whether a preponderance of evidence shows that the violation occurred, and the required corrective action is reasonable;

2.

Affirm, vacate, or modify the notice of violation or order; and

3.

Affirm, vacate, or modify the assessment of monetary penalties, if applicable. The Hearing Examiner may reduce monetary penalties based on the following considerations:

a.

Whether the violation was a first violation;

b.

Whether the violator showed due diligence in correcting the violation;

c.

Whether the penalty is more than necessary to:

i.

Neutralize any profit enjoyed by the violator as a result of the violation;

ii.

Make the public whole for environmental or other damages suffered as a result of the violation;

iii.

Reimburse the City for the costs of enforcement; and

d.

Other relevant factors.

G.

Any appeal of the Hearing Examiner's determination must be filed with superior court and served within 21 days of issuance of the decision pursuant to Chapter 36.70C RCW.

(Ord. 3750 § 1(Att. A), 6/3/2025; Ord. 3681 § 1, 11/3/2021)

Persons responsible for a civil violation must notify the City Manager in writing of any actions taken to achieve compliance with a warning, notice of violation, voluntary compliance agreement, stop work order, or other order. For purposes of assessing monetary penalties, a violation is considered ongoing until the person responsible for a civil violation has come into compliance with the notice of violation, voluntary compliance agreement, stop work order, or other order, and has provided sufficient evidence of such compliance to the City Manager.

Upon confirmation that compliance has been achieved, the person responsible may request the City Manager to issue a written determination of compliance stating that the violations noted in the warning, voluntary compliance agreement, notice of violation, stop work order, or other applicable order have been sufficiently abated. The City will mail copies of the determination of compliance to each person responsible for the violation.

(Ord. 3750 § 1(Att. A), 6/3/2025; Ord. 3681 § 1, 11/3/2021)

A.

The City Manager is authorized to suspend, revoke, or modify any permit issued by the City whenever:

1.

The permit holder has committed a violation in the course of performing activities subject to that permit;

2.

The permit holder has interfered with the authorized representatives of the City in the performance of the authorized person's duties related to that permit;

3.

The permit was issued in error or on the basis of materially incorrect information supplied to the City;

4.

Permit fees or costs were paid to the City by check and returned from a financial institution marked nonsufficient funds (NSF) or canceled; or

5.

The permit or approval is subject to sensitive area review, and the applicant has failed to disclose a change of circumstances on the development proposal site which materially affects an applicant's ability to meet the permit or approval conditions, or which makes inaccurate the sensitive area study that was the basis for establishing permit or approval conditions.

B.

Such suspension, revocation, or modification will be carried out through a notice of violation and is effective upon the compliance date established by the notice of violation. Such suspension, revocation, or modification may be appealed to the hearing examiner pursuant to PAMC 2.90.190.

(Ord. 3750 § 1(Att. A), 6/3/2025; Ord. 3681 § 1, 11/3/2021)

The City Manager is authorized to deny a permit when the property for which the permit is submitted is subject to any pending enforcement action or is in violation of any ordinance, resolution, regulation, or public rule of the City that regulates or protects the public health, safety, and welfare, or the use and development of land and water. Such denial may continue until the violation is corrected, as deemed complete by the City, and by payment of any monetary penalty imposed for the violation, except that permits or approvals will be granted to the extent necessary to accomplish any required corrective action.

(Ord. 3750 § 1(Att. A), 6/3/2025; Ord. 3681 § 1, 11/3/2021)