Loading...
HomeMy WebLinkAboutO-2042 - Amends Ch. 19.60, BI, GI and LI zones (Repealed by 2131)CITY OF MARYSVILLE Marysville,Washington ORDINANCE NO.2042 I-~~~. l--~~> I-Q~ AN ORDINANCE OF THE CITY OF MARYSVILLE ADOPTING REGULATIONS, PROCEDURES AND STANDARDS FOR THE BP, GI AND LI ZONES, AND AMENDING CHAPTER 19.60 OF THE MARYSVILLE MUNICIPAL CODE. WHEREAS,the City Council of the City of Marysville deems it in the public interest to periodically review,update and modify the City's zoning code so as to meet current needs;and WHEREAS,the Marysville Planning Commission reviewed Chapter 19.60 of the Marysville Municipal Code and conducted public hearings and has invited public comment on proposed revisions for the update and modification of Chapter 19.60 of the Marysville Municipal Code;and WHEREAS,the Marysville City Council has held public meetings to review the proposed amendments to Chapter 19.60 of the Marysville Municipal Code;and WHEREAS,the Marysville City Council deems it to be in the interest of the public health,safety and welfare to adopt revisions to Chapter 19.60 of the Marysville Municipal Code; NOW,THEREFORE, THE CITY COUNCIL OF THE CITY OF MARYSVILLE, WASHINGTON DO ORDAIN AS FOLLOWS: Section 1.Chapter 19.60 of the Marysville Municipal Code is hereby amended to read as follows: Chapter 19.60 BP,GI and LI Zones Procedures and Standards Sections: 19.60.010 Applicability. 19.60.020 Purpose. 19.60.030 Minimum zoning criteria. 19.60.040 Rezone and review procedures. 19.60.050 Preliminary plan. 19.60.060 Rezone and preliminary plan review. 19.60.070 Requirements for the final plan. 19.60.080 Approval of the final plan. 19.60.090 Final plan filing fee. 19.60.100 Disputes. 19.60.110 Revocation of approval. 19.60.120 Amendments to plans. 19.60.130 General performance requirements. ORDINANCE - 1 Imv/ch19.60.ord 19.60.140 General landscaping and open space requirements. 19.60.150 Landscaping -alternative options. 19.60.160 Table of Permitted uses 19.60.010 Applicability.This chapter regulates development in the business park (BP),general industrial (GI) and light industrial (LI)zones.It sets forth procedures and standards to be followed in applying for and building in these zones.For the purpose of administering this chapter,all land zoned Industrial Park (IP)or Planned Industrial Park (PIP)on or before the effective date of this ordinance,shall be reviewed as Light Industrial (LI). 19.60 020 Purpose. (a)The purpose of this chapter is to provide for the location and grouping of industrial enterprises and activities involving manufacturing,assembly,fabrication,processing,bulk handling and storage,research facilities,warehousing and heavy trucking.It is also a purpose of this zone to protect the industrial land base for industrial economic development and employment opportunities.These purposes are accomplished by: (1)Allowing for a wide range of industrial and manufacturing uses; (2)Establishing appropriate development standards and public review procedures for industrial activities with the greatest potential for adverse impacts;and (3)Limiting residential,service,and other non- industrial uses to those necessary to directly support industrial activities. (b)Use of this zone is appropriate in industrial areas designated by the Comprehensive Plan which are served at the time of development by adequate public sewers,water supply,roads and other needed public facilities and services. 19.60.030 Minimum zoning criteria. (a)A tract of land proposed for BP zoning shall contain sufficient area to create a contiguous tract of BP zoned land no less than ten (10)acres in size. (b)A tract of land proposed for GI or LI zoning shall contain sufficient area to create a contiguous tract of GI or LI zoned land no less than five (5)acres in size. (c)A tract of land must be in single ownership or for multiple parcels under unified control.This requirement shall apply-during preliminary and final plan stages to insure continuity of plan development. ORDINANCE - 2 /mv/ch19.60.ord (d)Zoning request must be accompanied by a preliminary development plan prepared in compliance with the regulations and requirements of this chapter. (e)Preliminary and final plans must comply with bulk regulations contained in Chapter 19.20 MMC. (f)All utility services and distribution lines shall be located underground,and in the case of the BP zone,the property shall be served by public water and sewer services and paved streets. 19.60.040 Rezone and review procedures. (a)General procedures.The BP,GI and LI zones require a two-step approval process: (1)The preliminary plan and rezone application are considered together through the normal rezone process;and (2)A final plan is reviewed administratively after the rezone has been approved.No development permits shall be issued until a final plan has been approved in accordance with the provisions of this chapter. (b)Alternative Procedure -Concurrent Rezone,and Preliminary Binding Site Plan.Concurrent applications for rezone,and preliminary binding site plans,may be made,provided that all items required by MMC 19.60.050 and 19.60.060 are submitted for the entirety of the rezone site at the time application is made.The rezone application,and preliminary binding site plan shall be processed as a master permit application in accordance with the procedures set forth in MMC 19.56.050 and Chapter 20.44 MMC. (c)City-Initiated Rezone Alternative Procedure for BP,GI and LI.When recommended by the city comprehensive plan,the city may initiate rezoning to BP,GI or LI as part of the comprehensive plan implementation process.When this alternative is exercised,the provisions of MMC 19.60.030 (a)through (d) shall be waived.Prior to development of the site,the developer shall submit a final development plan and fees as required by city codes to the Planning Department for review and approval. (d)Alternative Procedure for existing BP,GI and LI zoned land.Prior to development of existing BP,GI or LI land,the developer shall submit a final development plan and fees as required by city codes to the Planning Department for review and approval. 19.60.050 Preliminary plan.The preliminary development plan shall contain,at a minimum,the following: (a)Textual Material. ORDINANCE - 3 /mv/ch19.60 .ord (1)The name and addresses of the developer,land surveyor,engineer,architect,planner and other professionals involved; (2)A description of intended type of uses and operations including timing,management control,growth prospects,community need,and other pertinent information; (3)A statement and intention to formally subdivide the property,if applicable; (4)A description of proposed building design, including probable exterior finish; (5)A provision for phasing out nonconforming uses and for removing existing structures or incorporating them into the overall development scheme;and (6)A statement of landscape maintenance provisions. (b)Graphic Material.Prints of drawings,the number and scale determined by the planning department,drawn in compliance with the performance standards of MMC 19.60.130,showing all the following information: (1)A vicinity sketch locating the development; (2)Property boundaries of the development area; (3)Topography,sufficient to show direction of drainage and site development suitability,with contour intervals of 2 feet depending upon slope characteristics and extending not less than 150 feet beyond the property boundaries.This requirement may be waived by the planning director if the site does not warrant such information; (4)All existing structures and improvements within the development area which are to remain; (5)Existing streets bounding and/or within the development area; (6)Tentative traffic and pedestrian circulation pattern within the development area,showing intended street widths; (7)Tentative location of building lots and/or building areas and major areas intended for open space; (8)Phasing plan depicting development divisions,if applicable;and ORDINANCE - 4 /mv/ch19.60.ord (9)General landscape plan showing areas to be landscaped,proposed plant height,and treatment of existing vegetation. 19.60.060 Rezone and preliminary plan review. (a)The city shall review the proposal for its relationship to public health,safety and welfare zoning criteria,including the ability of the proposal to be compatible and blend with the surrounding area.All locational,site and building design features and their impacts may be considered; (b)Reviewing departments shall have 15 days for review unless the applicant is requested to provide greater detail on given elements of the proposed preliminary plan. 19.60.070 Requirements for the final plan. (a)A planned development may be finalized as a whole or in successive divisions; (b)The final plan for a planned development shall consist of the following for each division: (1)A completed application form signed by the developer(s)of the project and by the property owner(s)if other than the developer; (2)Prints of drawings,the number and scale determined by the planning director,showing all the following information;provided the planning director may permit postponement of detailed building design information until application for building permits on each lot or site; (A)Site contours at two-foot intervals,both existing and final where different,street layout and identification,size and shape of all building sites and lots,location of buildings,open space area with any specific open space activity areas indicated, (B)Final landscape plan,including plant locations and species,sizes at planting,together with location and typical side or cross-section view of perimeter fencing or berms,if any,and irrigation (if necessary or appropriate), (C)Plans for signing and lighting,including typical entrance treatment and entrance signs, (D)Plans for buildings and related improvements to a scale of not less than one inch to 50 feet, showing: ORDINANCE - 5 /mv/ch19.60.ord (1)Typical plot plan for each type of building,including location of building entrance, driveway,parking,fencing and sight screening; (2)Typical elevations (side views)of each type of building,including identification of exterior building materials, (E)Typical street and walkway cross-sections, (F)Plans for open space area improvements,if any; (3)Restrictive covenants as required,together with a statement from a private attorney as to their adequacy to fulfill the requirements of this chapter;and (4)To insure conformity,a final binding site plan,if required,shall be filed simultaneously with final plans. Final plan approval shall occur only after final binding site plan approval. 19.60.080 Approval of the final plan.The final plan or phased divisions thereof shall be submitted to the planning director for his/her final approval or disapproval.The director shall submit copies of the final plan to appropriate departments for their review and comment.Any reviewing department may request changes,provided they are consistent with the approved preliminary plan.Upon review and comment,the planning director shall approve the final plan in writing when found to be in conformance with the approved preliminary plan and this chapter. The planning director may permit revision of the general design elements of the preliminary plan so long as it is found that impacts on adjoining properties area not significantly changed and major environmental protection features of the preliminary plan are maintained.Upon approval,the final plan shall control all development of the property. 19.60.090 Final plan filing fee.To cover the administrative review costs for the final plan or phased division thereof,a filing fee shall be paid to the Planning Department as set forth in the City's fee schedule or other applicable resolutions or ordinances when submitting the final plan. 19.60.100 DisDutes.Where the applicant and planning director or other departments are not able to reach agreement on the provisions of the final plan,the dispute shall be submitted to the hearing examiner in accordance with the procedures established by this title for administrative appeals. 19.60.110 Revocation of approval.In the event applicable provisions of this title have been materially violated,the planning director may initiate proceedings before the hearing examiner to revoke the rezone,in whole or in part.Such actions ORDINANCE -6 /mv/ch19.60.ord shall proceed as specified in MMC 19.56.050 for consideration of a rezone application.In addition,the planning director may seek suspension or revocation of any development permits issued under the BP and IP zoning. 19.60.120 Amendments to plans.Plans which are approved by the hearing examiner may,upon request of the property owners,be amended by the planning director as an administrative act.This authority shall be limited to amendments of a minor nature which cause no increase in intensity of use and which do not reduce performance standards below those set forth when rezoned,and which do not increase the detrimental impact of the zone on adjoining properties,and which do not substantially alter the design of the official site plan.No change in points of vehicular access to the property shall be approved without written concurrence from the city director of public works. Disagreements over amendments shall be appealed to the hearing examiner. 19.60.130 General performance requirements. zone and uses located in the BP,GI and IP zones with the following requirements: Each planned shall comply (a)Processes and equipment employed and goods processed or sold shall be limited to those which are not objectionable beyond the boundaries of the lot upon which the use is located by reason of such nuisance effects including but not limited to offensive odors,dust,smoke,gas or electronic interference. (b)Where the proposal contains more than one phase,all development shall occur in sequence consistent with the phasing plan which shall be presented as an element of the preliminary plan unless modification is approved by the planning division. (c)Buildings shall be designed to be compatible with their surroundings,both within and adjacent to the zone. (d)Restrictive covenants shall be provided which shall insure a long-term maintenance and upkeep of landscaping,storm drainage facilities,other private property improvements,and open space areas and facilities.Further,said covenants shall reference the binding site development plans and indicate their availability at the planning division,and shall provide that the city of Marysville is an additional beneficiary with standing to enforce,and shall preclude the avoidance of performance obligations thorough lease agreements. (e)Permanent off-street parking shall be in accordance with terms of Chapter 19.36 MMC. (f)Signs for business identification or advertising of products shall comply with Chapter 16.16 MMC. ORDINANCE - 7 Imv/ch19.60.ord (g)Noise levels generated within the development shall not violate any city code,law or regulation relating to noise.Noise of machines and operations shall be controlled so as to not become objectionable due to intermittence or beat frequency or shrillness. (h)The retail sale of products manufactured on the BP,GI or LI zone site shall be permitted,provided that not more than 20 percent of the constructed floor area in any such development may be devoted to such retail use. (i)Prior to the issuance of any building occupancy permits in a BP,GI or LI zone the developer(s)shall either complete all required improvements of a public nature,such as but not limited to streets,sidewalks,storm runoff and erosion control system, street signs and street lights,to the required specification,or enter into an agreement with the city to construct such development as may be approved,together with performance bond or other suitable collateral to ensure the completion of such improvements.Required improvements of a private nature,such as but not limited to private roads and landscaping,shall be constructed prior to building occupancy,bonded,or,subject to city approval,be constructed in conformance with a performance schedule delineated as part of the final plan which shall be tied to the issuance of building,occupancy or other permits.All bonded improvements shall be completed within six months of bond issuance or be subject to bond forfeiture.Bond extensions may be granted by the director of public works.As improvements are completed and upon application by the developer,a partial release of the bond or collateral may be authorized which will leave a balance equal to the cost of completing the remaining improvements as certified by the city.The bond or collateral agreement shall provide for forfeiture to the city and the right to withdraw funds upon default by the developer to construct any or all of the public improvements in accordance with approved specifications within the time limited for performance.The bond may be issued for phased divisions of the development as may be approved by the city. (j)All outdoor lighting shall conform to the unified architectural lighting scheme for the BP,GI or LI development and shall not: (1)Shine on adjacent residential properties; (2)Conflict with the readability of traffic control devices;or (3)Rotate or flash. 19.60.140 General landscaping and open space requirements. These requirements are in addition to those contained in Chapter 19.32 MMC,Landscaping and Fences. ORDINANCE -8 /mv/ch19.60.ord (a)Landscaping materials and the maintenance thereof shall conform to and be installed in accordance with the overall site development plan.Landscaping shall be installed prior to building occupancy,provided that the planning department may authorize up to a 120-day delay where planting season conflicts would produce a high probability of plant loss. (b)The hearing examiner or planning director may require landscaping in combination with berms and walls for noise screening. (c)Where a site has substantial numbers of native trees, site development shall be sensitive to the preservation of such vegetation,including the root zone. (d)Except where specifically prohibited by the hearing examiner,the planning department,concurrently with action on the final BP,GI or LI plan,may waive or modify landscaping requirements abutting residential zones where abutting residential uses will not be adversely affected,and where existing physical improvements,physiographic features or imminent changes in abutting land uses will render full compliance with said requirements ineffective.If said requirements are waived,or width of the buffer reduced,the planning division shall establish the minimum side and rear yard building setbacks from residentially designated property. (e)In areas zoned BP,in addition to required landscaping, a minimum of 10 percent of the balance of the site shall be landscaped.Landscaping required by subsection (i)below may serve to fulfill a portion of this requirement. (f)Timing of Installation -Bond.All required landscaping shall be installed prior to building occupancy,provided that the planning department may authorize up to a 120-day delay when planting season conflicts could produce a high probability of plant loss.For the maintenance and/or replacement of landscaped areas,a bond or assignment of funds to the city in a reasonable amount and for a reasonable duration as determined by the planning department shall be required. (g)Buffer Types.Where the following types of buffers are required by this chapter,the minimum standards shall be as described below: (1)Type I.Sight-obscuring fence.The minimum height shall be six feet and be constructed to create a solid sight-obscuring screen.When plantings are used in addition to the screen,the fence shall be placed on the inward side of the plantings; (2)Type II ..Planted sight-obscuring screen that functions as a visual barrier. ORDINANCE - 9 /mv/ch19.60.ord (a)This type of landscaping is typically found between residential and non-residential areas. (b)The minimum height shall be five feet at the time of planting and shall consist of: (1)A mix of primarily evergreen trees and shrubs placed to form a continuous screen; (2)At least 70 percent evergreen trees; (3)Evergreen trees spaced no more than 15 feet on center; (4)Deciduous trees spaced no more than 20 feet apart;and (5)Ground cover; (3)Type III.Ornamental landscaping that functions as a partial visual separator to soften the appearance of parking areas and building elevations,but not necessarily to obscure it.This landscaping is typically found along street frontage.This landscaping material shall consist of: (a)a combination of evergreen and/or deciduous trees; (b)At least 70 percent deciduous trees; (c)Trees spaced no more than 25 feet on center; (d)Shrubs that do not exceed a height of four feet,spaced no more than four feet apart;and (e)Ground cover; (h)Table 1 indicates the type of buffer required by use and zone.Buffer type descriptions are contained in subsection (c)of this section. TABLE 1 BP GI LI Abutting residentially designated 25'25' 25' property.II +I II +I II +I Between public right-of-way or private 10'10' 10' access roads and building or parking III III III areas. Between public arterial right-of-way 30'30'30" and building or parking areas.III III III Outside storage or waste area.I I I Between 1-5 or S.R.9 right-of-way and 25'II 25'II 25'II building or parking areas. ORDINANCE -10 /mv/ch19.60.ord (i)Landscaping Requirements for Parking and Outdoor Display Areas. (1)No building permit shall be issued where landscaping is required until a landscaping plan has been submitted and approved by the planning department; (2)Parking areas,buildings or outdoor display areas fronting on a street right-of-way shall provide the required buffer along the entire street frontage except for driveways,provided,that the plantings shall not obstruct the sight distance at street intersections; (3)Additional plantings may be placed on street rights-of-way behind the sidewalk line if the property owner provides the city with a written release of liability for damages which may be incurred to the planting area from any public use or right-of-way; (4)Ten percent of the parking area shall be landscaped (exclusive of landscaping required by (2)above to be located on the street frontage);provided,that: (A) No landscaping area shall be less than 50 square feet in area, (B) No parking stall shall be located more than 45 feet from a landscaped area.The planning division may approve landscaping plans involving alternatives to this specification for individual properties if it finds the alternative would be more effective in meeting the purposes of this section, (C)All landscaping must be located between parking stalls,at the end of parking columns,or between stalls and the property line.No landscaping which occurs between the parking lot and a building or recreation area shall be considered in the satisfaction of these requirements; (5)Parking lots containing less than 20 parking spaces need provide only perimeter screening to satisfy the 10 percent area requirements; (6)planting areas shall include liberal landscaping using such materials as trees,ornamental shrubs,gravel, river rock,driftwood,rockeries,lawn or combination of such materials; (7)When a parking or display area abuts residentially designated property along any interior property line,a type I buffer,plus a minimum twenty five-foot wide type II buffer with plantings spaced to form a solid sight-obscuring screen within a reasonable period of time,as determined by ORDINANCE -11 /mv/ch19.60.ord the planning department,shall be installed along the property line.This requirement shall not apply when the abutting residentially designated property is six feet or more above or below the elevation of the immediately adjacent parking area; (8)All required landscaping shall be maintained in a healthy growing condition and free of trash and debris. Dead or dying plantings shall be removed and replaced or repaired;and (9)All landscaped areas shall be protected from vehicle damage by a six-inch protective curbing and,if necessary,wheel blocks. 19.60.150 Landscaping -alternative options.The following alternative landscape options may be allowed only if they accomplish equal or better levels of screening and are subject to City approval. (a)When the total area for required landscaping,and that within the dripline of retained trees exceeds 15 percent of the area of the site,the landscaping requirement may be reduced so that the total required landscape and tree retention area will not exceed the 15 percent of site area.Provided that for BP zoned land,this minimum requirement shall be 20 percent of the site area; (b)The width of the perimeter landscape strip may be reduced up to 25 percent along any portion where: (1)Berms at least 3 feet in height or architectural barriers at least six feet in height are incorporated into the landscape design;and (2)The landscape materials are incorporated elsewhere on-site; (c)The width of the perimeter landscaping may be averaged, provided the minimum width is not less than 5 feet. 19.60.160 Table of Permitted Uses. Land Use BP GI LI Accessory uses clearly incidental to a permitted use and WIll P P P not create a nuisance or hazard. Acetylene gas manufacture and/or storage P Adult entertainment facility C Agriculture P P P Airport P P P Alcohol &Alcoholic beverage manufacturing P P Amusement park, zoo C P ORDINANCE -12 jmv/ch19.60.ord Land Use BP GI LI Antique shop P Appliance distributors for wholesale P P Art gallery P P Assembly of machines and appliances from previously P P P prepared parts Automotive &truck repair &detail P P P Automobile commercial parking enterprise P P P Automobile &truck assembly C Auto towing &holding yards P P Auto wrecking yard P C Bakery P P P Banks,financial institutions P P Bedding,carpet and pillow manufacturing &cleaning P P Blacksmith or horse shoeing shops P P Billboards P' Boat launch,commercial &non-commercial P C Boat sales P P P Building contractor P P P Caretakers quarters P P P Cemetery,columbarium,crematonum,mausoleum P P P Church P P P Club (community,country,yacht)P P Cold storage P P Commercial vehicle storage facility P P P Concrete mixing and manufacture C C Craft shop P P P Day care center P P Department store P . Distillation of alcohol P P P Dock &boat house,private non-commercial P P P Drug Store P P Dry-cleaning plants P P Dry-cleamng,pressing &dying plants operated in conjunction P P with retail service counter;provided that not more than 2,000 sq.ft. is devoted to these processes Dyestuff manufacture P Electric light or power generation P C Enameling,japanning,lacquering,or the plating of metals P P Fabrication shop P P P Fairgrounds P P P 'Su bject to the requirements outlined in Chapter 19.36 MMC (Sign Code). ORDINANCE -13 Imv/ch19.60.ord Land Use BP GI LI Farm machinery assembly,repair and sales P P Farm product processing p P Feed &seed retail sales P P Fertilizer retail/wholesale sales P P Fish farm P P P Flour,feed and seed processing p P Food processing in wholesale quantities except meat, fish,P P poultry,vinegar and yeast Forge,foundry,blast furnace or melting of ore P Fuel and coal yards P P P Fuel oil &kerosene for domestic heating purposes in ground P containers less than 750 gallons Golf course and driving range P P P Government structure &facilities P P P Greenhouse,lathhouse,nurseries retail &wholesale P P P Grocery store P Gym P P P Hardware store P Home improvement center P Junkyard C C Kennel,commercial C P P Laboratory P P P Library P P P Locksmith P P P Lumber yard P P P Machine shops P Machine tool manufacture P Manufacturing (except acid,animal blacklbone black,P P P cellophane,cement or lime,chlorine,creosote,fertilizer,glue or gelatin,potash,pulp &paper,rubber,soap detergent & washing compound) Manufacturing or acid,cellophane,cnronne,pulp &paper,C rubber,soap,detergent &washing compound Meat processing &packing other than slaughter P Microwave relay station C C Mini self storage P P P Mobile home &travel trailer sales P C Motels and hotels P P Motorcycle sales and repair P P P Motor vehicle (new or used)and equipment sales P P Mortuary,funeral homes P P P Museum P P P Office,general &public P P P ORDINANCE -14 /mv/ch19.60.ord Land Use BP GI LI Park,public P P P Personal service shops P P P Petroleum products &gas storage,bulk P P P Petroleum products &gas storage,6,000 gaJlons or more C C Petroleum refining P P Photo processing shops P P P Pottery,porcelain &vitreous china manufacture P P Prmtmg plant P P P Print shop P P P Public safety facilities,including police &fire stations P Racetrack P P Recreational facilities P P P Recycling facilities P P P Restaurant P P P Retails stores,subject to Section 19.60.130(i)P P P Riding academy P P Rock crushers C Rodenticide,insecticide &pesticide mixing plants C Sanitary landfill C C C SawrmlJ P P P Schools public and private C P Second hand store P Service station P P Shake and shingle mill P P P Shooting range P P Sludge utilization or processing C C C Small animal husbandry P P P Stadiums,couseums,&Assembly halls C P Stockyards or Slaughter houses P P P Tamrery C C Tavern P Television/radio stations P Tire store P P Tool sales &rental P P Trailer sales areas P P Truck termmals,repair shops,hauling &storage yards P P Utility facilities P P P Veterinary clinic P P P Warehousing P P Wholesale establishment P P P Wood waste recycling and storage C C Woodworking shops,millwork P P ORDINANCE -15 /mv/ch19.60 .ord P Permitted Use C Conditional Use Section 2.Severability.If any section,subsection, sentence,clause,phrase or word of this ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction,such invalidity or unconstitutionality thereof shall not affect the validity or constitutionality of any other section,subsection,sentence,clause,phrase or word of this ordinance. Section 3.No Special Duty Created. a.It is the purpose of this chapter to provide for the health,welfare and safety 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 chapter.No provision or term used in this chapter is intended to impose any duty whatsoever upon the City or any of its officers,agents or employees for whom the implementation or enforcement of this chapter shall be discretionary and not mandatory. b.Nothing contained in this chapter is intended to be,nor shall be construed to create or form the basis for any liability on the part of the City or its officer,agents and employees for any injury or damage resulting from the failure of any premises to abate a nuisance or to comply with the provisions of this chapter or be a reason or a consequence of any inspection,notice or order,in connection with the implementation or enforcement of this chapter,or by reason of any action of the City related in any manner to enforcement of this chapter by its officer, agents or employees. PASSED by the City day of ~ CITY OF MARYSVILLE !l;k)Lu 4 MAYOR CITY CLERK ORDINANCE -16 /mv/ch19.60.ord Approved as to form: By ~C,tA./Ae-! ./CITY ATTORNEY Date of Publication: Effective Date (5 days after publication): ORDINANCE -17 Imv/ch19.60 .ord