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HomeMy WebLinkAboutO-2038 - Claims processing under Initiative 164 (Special)CITY OF MARYSVILLE Marysville, Washington ORDINANCE NO.2038 AN ORDINANCE ESTABLISHING PROCEDURES AND CRITERIA TO PROCESS AND EVALUATE CLAIMS UNDER INITIATIVE 164,INCLUDING PROVIDING FOR ADJUSTMENT TO PROVISIONS OF CITY REGULATIONS AND DECLARING AN EMERGENCY TO EXIST. WHEREAS,the City Council finds that the 1995 Legislature enacted into law Initiative 164,the Private Property Regulatory Fairness Act (Chapter 98,Laws of 1995 Regular Session);and WHEREAS,the City Council finds that the Initiative will become law on July 23,1995,90 days after the close of the regular session unless a sufficient referendum petition (Referendum 48)is filed by that date to bring the Initiative before the voters in November;and WHEREAS,the City Council finds that the action of the Legislature in adopting the Initiative provided the City with insufficient time to properly plan and revise the City's regulatory framework to respond to the Initiative;and WHEREAS,the City Council finds that because of the vague and uncertain language used in the Initiative,that its scope and meaning is in question thereby placing the City at risk;and WHEREAS,the City Council finds that the City needs to adopt interim procedures to act as a stop-gap measure to provide the City with a framework to operate under while the uncertainties associated with the Initiative are resolved;and WHEREAS,the City Council finds that an emergency exists; THE CITY COUNCIL OF THE CITY OF MARYSVILLE,WASHINGTON,DO ORDAIN AS FOLLOWS: Section 1.Purpose. A.This is an interim regulation.The purpose of this ordinance is to provide a procedure for processing and evaluating claims under the Initiative and thereby provide the City with the opportunity to make adjustments to or provide relief from City Codes in circumstances where Initiative 164 compensation may be required. B.Any person making a claim relating to the plan review procedure or other land-use regulatory actions of the city shall do ORDINANCE -1 /rrrv/164.ord so in accordance with the provisions of this Ordinance.Failure to do so shall bar recovery of compensation. Section 2.Definitions. A."Code"means the Marysville Municipal Code including any ordinances of the City. (MMC) B."Claim"means a claim for compensation under the Initiative. C."Initiative"means Initiative 164 or Chapter 98,Laws of 1995 Regular Session,State of Washington. D."Owner"means the property owner,or anyone beneficially interested in the property,or the owner's representative,or applicant for any City permit. E."Public Nuisance"means a nuisance defined in Chapter 7.48 RCW,or as otherwise defined by law. F."Restraint"or "restraint of land use"means any action, requirement or regulation by the City,other than actions to limit or abate public nuisances,that limits the use or development of private property. G."Project Review Team"means a committee composed of a representative from the City Administration,Planning Department and Public Works Department. Section 3.Claim for Compensation. A.Any owner who claims or seeks compensation from the City pursuant to the Initiative must present the claim in writing along with supporting documentation to the City Clerk.The claim filing fee is $350.00. B.The claim must be filed prior to acceptance of a permit, final approval of an application,or performance of any acts in compliance with City Codes or actions for which a restraint by the City may be claimed.Failure to do so shall bar recovery of compensation under the Initiative. C. No claim shall be considered until the owner has filed a complete application with the City concerning the owner's development or use.An application is complete when it meets the procedural submission requirements of the City and is sufficient for continued processing even though additional information may be required or project may be undertaken subsequently. ORDINANCE -2 /mV/164.0rd Section 4.Administrative Procedure. A.Recommendation.Upon presentation of Proj ect Review Team shall review the claim recommendation to City Council that: a claim,the and make a 1.There is a probable likelihood of compensation under the Initiative if the Code were applied,but that relief from the Code may be granted to avoid compensation and still protect the public interest;or 2.There is a probable likelihood that compensation may exist under the Initiative if the Code were applied,and relief from the Code cannot be granted and still protect the public interest;or 3.The claim is probably not compensable under the Initiative. B.Criteria.In making a recommendation,the Project Review Team shall undertake a risk assessment of the claim.The recommendation should include but not be limited to the following factors: 1.Whether the use or development will constitute a public nuisance; 2.Whether relief is necessary to avoid subjecting the City to an unreasonable burden or risk of compensation under the Initiative; 3.The public interest served by the regulation(s)at issue,and the effect on the public interest if the relief from the regulation is granted;and 4.Any relief granted shall be the smallest reasonable deviation from the Code that still protects the public interest and avoids payment of compensation. C.Relief from Code.In providing any relief from the Code, the Project Review Team's recommendation may include but not be limited to: 1.An adjustment of development or permit other provisions controlling the development property; standards or or use of 2.Increases or modifications in the density,intensity or use of areas of development or use of property; 3.The transfer of development rights; 4.Property exchanges; ORDINANCE - 3 /mv/164.0rd 5.Adjustments in mitigation; 6.Compensation or purchase of the property,or an interest therein. 7.Issuance of the permit with change,exception or other relief to the application of City Codes as they would otherwise apply to the property;however,if another portion of the Code is applicable (e.g.variance,conditional use, PRD) ,the Project Review Team may recommend utilization of those procedures and nothing herein shall be construed to affect an owner's use of those procedures. D.Content of Recommendation. issue a written recommendation to substantially all of the following: The Project Review Team shall City Council which contains 1.Name of the owner,and if applicable,the project name; 2.The street address of the subject property and a description in non-legal terms sufficient to identify its location; 3.A brief description of the action,permit or approval requested in the application; 4.A description of the Proj ect Review Team's recommendation including a brief description of relief to be granted from applicable Codes. Section 5.City Council's Decision. A.Effect Where City Council Decision is No Compensable Claim or There is a Probable Claim With No Relief From the Code. If the City Council's decision is that the claim is probably not compensable under the Initiative or that there is a probable likelihood that compensation may exist under the Initiative if the Code were applied and relief for the Code cannot be granted and still protect the public interest,the City Council's decision is the final decision of the City. B.Effect Where City Council Considers Providing Relief From the Code.If the Proj ect Review Team recommends that there is probable likelihood of compensation under the Initiative if the Code were applied,but that relief from the Code may be granted to avoid compensation and still protect the public interest,the City Council shall hold a public hearing to consider the recommendation. C.Council Review. 1.The City Council shall consider the following when reviewing the recommendation of the Project Review Team: ORDINANCE - 4 /mv/164.ord a.Application,proposed development,or use; b.Recommendation of the Project Review Team; c.Criteria set forth in the Code under which the application was made; d.Criteria set forth in Section 4 of this Ordinance; e.The recommendation's financial implications on the City; f.Any other relevant information; 2.When reviewing the recommendation of the Project Review Team,Council shall: a.Approve recommendation; the Project Review Team's b.Approve the Project Review Team's recommendation with modifications including additional/different conditions. c.Remand the matter to the Project Review Team; or d.Take such other action as the Council deems appropriate. Section 6.Relief or Adjustments to Code.Notwithstanding any provision in any Code,the City Council is authorized,when acting pursuant to this Ordinance,to waive or modify any City Code or portion thereof that is the basis for a claim. Section 7.Notice. A. When Code Not Contravened.If the City Council determines that the claim is probably not compensable under the Initiative or that there is a probable likelihood that compensation may exist under the Initiative if the relief from the Code cannot be granted and still protect the public interest,notice of council action and decision is only required to be given to the owner. B.Notice When Relief From the Code.If the Project Review Team recommends or the City Council determines that there is a probable likelihood of compensation under the Initiative if the Code were applied,but that relief from the Code may be granted to avoid compensation and still protect the public interest,the following notice of the public hearing shall be published in the official newspaper of the City,shall be mailed to the owners of all property within three hundred (300)feet of the subject ORDINANCE - 5 /mv/164.ord property at least ten (10)days prior to the date of the public hearing,and shall be posted in two places on the subject property, at City Hall and at the Post Office.The notice shall contain the following: 1.Name of the owner,and if applicable,the project name; 2.Street address of the subject property; 3.A brief description of the action,permit or approval requested in the application; 4.A brief description of the Project Review Team's recommendation; 5.Date,time and place of the hearing; 6.A statement that only those persons who participate in the hearing process may appeal the decision of the Council. C.Substantial Compliance.The notice requirements herein shall be satisfied by substantial compliance with this Section. D.Distribution of Decision.Within seven (7)days,the City Clerk shall distribute a letter notifying any person who participated in the public hearing of the final decision of the City Council. Section 8.Court Review. A.Council's final decision may be appealed by the owner or any aggrieved person (s)who participated in the public hearing process before Council. B.A person filing an Superior Court no more than effective date of the Council barred. appeal must twenty-one decision or make application to the (21)days following the any appeal is thereafter C. A person filing an Superior Court for a writ authorized by law. appeal must make application to the of certiorari or other procedure Section 9.Commencement of Activities.The owner may commence activity or obtain other required approvals thirty (30) days following the effective date of the City Council decision. The City may waive this requirement if the owner and all parties who participated in the hearing(s)agree in writing to waive the appeal period.Activity commenced prior to the expiration of the full appeal period is at the sole risk of the owner. ORDINANCE - 6 /mv/164.0rd Section 10.Conflict..In the event of a conflict between any provision of this Ordinance and the City Code,the provisions of this Ordinance shall control. Section 11.Rules. to promulgate rules for this Ordinance. The Mayor or his designee is authorized the implementation and administration of Section 12.Public Nuisance.Although the City Council may take such legal action as it deems appropriate,a finding by the City Council of a public nuisance related to a claim shall not be interpreted to require the City to commence proceedings.The City's decision regarding a public nuisance shall not bar other private or public nuisance proceedings. Section 13.Effective Date -Emergency.The City Council finds that (1)due to the difficulties in implementing the Initiative because of its vague and unclear provisions,the uncertainty of its effective date considering current efforts at a referendum,together with the short amount of time provided by the Legislature to respond to its adoption;and (2)the potentially dire consequences the Initiative could have on the City's treasury and existing regulations,that an emergency is hereby declared and this Ordinance shall become effective on July 23,1995. Section 14.Severability.Should any section,subsection, paragraph,sentence,clause or phrase set forth in this Ordinance or its application to any person or situation be declared unconstitutional or invalid for any reason,such decision shall not affect the validity of the remaining portions of this Ordinance or its application to any person or situation.The City Council of the City hereby declares that it would have adopted this Ordinance and each section,subsection,sentence,clause,phrase,or portion thereof irrespective of the fact that anyone or more sections, subsections,sentences,clauses,phrases or portions be declared invalid or unconstitutional. Section 15.Liability.It is expressly the purpose of this Ordinance to provide for and promote the health,safety and welfare of the general public and not to create or otherwise establish or designate any particular class or group of persons who will or should be especially protected or benefitted by the terms of this ordinance. It is the specific intent of this Ordinance that no provisions nor any term used in this Ordinance is intended to impose any duty whatsoever upon the City or any of it officers or employees. Nothing contained in this Ordinance is intended nor shall be construed to create or form the basis of any liability on the part of the City,or its officers,employees or agents,for any injury or damage resulting from any action or inaction on the part of the City,its officers,employees or agents. ORDINANCE - 7 /mv/164.ord ,PASSED by the /7""0/1 day of ~~ City Council and APPROVED by the Mayor this ,1995. CITY OF MARYSVILLE Mayor At test :..-_~ Approved as to form: City Clerk BY~W~ i>City Attorney Date of Publication:"1 L9-l,19")' ORDINANCE - 8 /mv/164.0rd