Title 18 (selected sections)

Chapter 18.04 STATE ENVIRONMENTAL POLICY ACT

Section 18.04.00A Article I. Authority

Section 18.04.010 Authority.

(WAC 173-806-010) The city adopts the ordinance codified in this chapter under the State Environmental Policy Act (SEPA), RCW 43.21C.120, and the SEPA rules, WAC 197-11-904.

This ordinance contains this city's SEPA procedures and policies.

The SEPA rules, Chapter 197-11-WAC, must be used in conjunction with this chapter.

City Ordinance No. 2136 is repealed. (Ord. 2471 § 1 (part), 1998)

Section 18.04.020 Policies, authority and adoption by reference.

A. The city adopts by reference the policies of the State Environmental Policy Act as expressed in RCW 43.21C.020.

B. The city possesses the authority and the basic policy discretion to deny or condition actions so as to mitigate or prevent adverse environmental impacts. This authority applies to all city activities including actions as defined in this chapter, as well as activities which are categorically exempt or excluded from the definition of action, whether or not such activities are considered to be ministerial in nature. (Ord. 2471 § 1 (part), 1998)

Section 18.04.030 SEPA rules--Adoption by reference.

That certain document, a copy of which is on file in the office of the city clerk-treasurer, being designated "SEPA Rules" adopted by the Washington State Department of Ecology, is adopted by this reference. (Ord. 2471 § 1 (part), 1998)

Section 18.04.039A Article II. General Requirements

Section 18.04.040 Purpose of this article and adoption by reference.

(WAC 173-806-020) This article contains the basic requirements that apply to the SEPA process. The city of Anacortes ("city") adopts the following sections of Chapter 197-11 of the Washington Administrative Code by reference:

WAC

197-11-040 Definitions

197-11-050 Lead agency

197-11-060 Content of environmental review

197-11-070 Limitations on actions during SEPA process

197-11-080 Incomplete or unavailable information

197-11-090 Supporting documents

197-11-100 Information required of applicants

197-11-158 GMA project review--Reliance on existing plans, laws, and regulations

197-11-210 SEPA/GMA integration

197-11-220 SEPA/GMA definitions

197-11-228 Overall SEPA/GMA integration procedures

197-11-230 Timing of an integrated GMA/SEPA process

197-11-232 SEPA/GMA integration procedures for preliminary planning, environmental analysis, and expanded scoping

197-11-235 Documents

197-11-238 Monitoring

197-11-250 SEPA/Model Toxics Control Act integration

197-11-253 SEPA lead agency for MTCA actions

197-11-256 Preliminary evaluation

197-11-259 Determination of nonsignificance for MTCA remedial actions

197-11-262 Determination of significance and EIS for MTCA remedial actions

197-11-265 Early scoping for MTCA remedial actions

197-11-268 MTCA interim actions

(Ord. 2471 § 1 (part), 1998)

Section 18.04.050 Additional definitions.

(WAC 173-806-030) In addition to those definitions contained within WAC 197-11-700 through 197-11-799 and 197-11-220, when used in this chapter, the following terms shall have the following meanings, unless the context indicates otherwise:

A. "Department" means any division, subdivision or organizational unit of the city/county established by ordinance, rule, or order.

B. "SEPA rules" means Chapter 197-11 WAC adopted by the Department of Ecology.

C. "Ordinance" means the ordinance, resolution, or other procedure used by the city to adopt regulatory requirements.

D. "Early notice" means the city's response to an applicant stating whether it considers issuance of a determination of significance likely for the applicant's proposal (Mitigated Determination of Nonsignificance (MDNS) procedures). (Ord. 2471 § 1 (part), 1998)

Section 18.04.060 Designation of responsible official.

(WAC 173-806-040)

A. For those proposals for which the city is the lead agency, the responsible official shall be the city director of planning and community development.

B. For all proposals for which the city is the lead agency, the responsible official shall make the threshold determination, supervise scoping and preparation of any required environmental impact statement (EIS), and perform any other functions assigned to the "lead agency" or "responsible official" by those sections of the SEPA rules that were adopted by reference in WAC 173-806-020.

C. The city shall retain all documents required by the SEPA rules (Chapter 197-11 WAC) and make them available in accordance with Chapter 42.17 RCW. (Ord. 2471 § 1 (part), 1998)

Section 18.04.070 Lead agency determination and responsibilities.

(WAC 173-806-050)

A. The department within the city receiving an application for or initiating a proposal that involves a nonexempt action shall determine the lead agency for that proposal under WAC 197-11-050, 197-11-253, and 197-11-922 through 197-11-940; unless the lead agency has been previously determined or the department is aware that another department or agency is in the process of determining the lead agency.

B. When the city is the lead agency for a proposal, the department receiving the application shall determine the responsible official who shall supervise compliance with the threshold determination requirements, and if an EIS is necessary, shall supervise preparation of the EIS.

C. When the city is not the lead agency for a proposal, all departments of the city shall use and consider, as appropriate, either the DNS or the final EIS of the lead agency in making decisions on the proposal. No city department shall prepare or require preparation of a DNS or EIS in addition to that prepared by the lead agency, unless required under WAC 197-11-600. In some cases, the city may conduct supplemental environmental review under WAC 197-11-600.

D. If the city or any of its departments receives a lead agency determination made by another agency that appears inconsistent with the criteria of WAC 197-11-253 or 197-11-922 through 197-11-940, it may object to the determination. Any objection must be made to the agency originally making the determination and resolved within fifteen days of receipt of the determination, or the city must petition the Department of Ecology for a lead agency determination under WAC 197-11-946 within the fifteen-day time period. Any such petition on behalf of the city may be initiated by the responsible official.

E. Departments of the city are authorized to make agreements as to lead agency status or shared lead agency duties for a proposal under WAC 197-11-942 and 197-11-944: Provided, that the responsible official and any department that will incur responsibilities as the result of such agreement approve the agreement.

F. Any department making a lead agency determination for a private project shall require sufficient information from the applicant to identify which other agencies have jurisdiction over the proposal (That is: Which agencies require nonexempt licenses?).

G. When the city is lead agency for a MTCA remedial action, the department of ecology shall be provided an opportunity under WAC 197-11-253(5) to review the environmental documents prior to public notice being provided. If the SEPA and MTCA documents are issued together with one public comment period under WAC 197-11-253(6), the city shall decide jointly with ecology who receives the comment letters and how copies of the comment letters will be distributed to the other agency. (Ord. 2471 § 1 (part), 1998)

Section 18.04.080 Transfer of lead agency status to a state agency.

(WAC 173-806-053) For any proposal for a private project where the city would be the lead agency and for which one or more state agencies have jurisdiction, the responsible official may elect to transfer the lead agency duties to a state agency. The state agency with jurisdiction appearing first on the priority listing in WAC 197-11-936 shall be the lead agency and the city shall be an agency with jurisdiction. To transfer lead agency duties, the city's responsible official must transmit a notice of the transfer together with any relevant information available on the proposal to the appropriate state agency with jurisdiction. The responsible official of the city shall also give notice of the transfer to the private applicant and any other agencies with jurisdiction over the proposal. (Ord. 2471 § 1 (part), 1998)

Section 18.04.090 Additional considerations in time limits applicable to the SEPA process.

(WAC 173-806-055) The following time limits (expressed calendar days) shall apply when the city processes licenses for all private projects and those governmental proposals submitted to the city by other agencies:

A. Categorical Exemptions. The city shall identify whether an action is categorically exempt within seven days of receiving a completed application.

B. Threshold Determination.

1. The city should complete threshold determinations that can be based solely upon review of the environmental checklist for the proposal within fifteen days of the date an applicant's adequate application and completed checklist are submitted.

2. When the responsible official requires further information from the applicant or consultation with other agencies with jurisdiction.

a. The city should request such further information within fifteen days of receiving an adequate application and completed environmental checklist.

b. The city shall wait no longer than thirty days for a consulted agency to respond.

c. The responsible official should complete the threshold determination within fifteen days of receiving the requested information from the applicant or the consulted agency.

3. When the city must initiate further studies, including field investigations, to obtain the information to make the threshold determination, the city should complete the studies within thirty days of receiving an adequate application and a completed checklist.

4. The city shall complete threshold determinations on actions where the applicant recommends in writing that an EIS be prepared, because of the probable significant adverse environmental impact(s) described in the application, within fifteen days of receiving an adequate application and completed checklist. (Ord. 2471 § 1 (part), 1998)

Section 18.04.100 Additional timing considerations.

(WAC 173-806-058) For nonexempt proposals, the DNS or final for the proposal shall accompany the city's staff recommendation to any appropriate advisory body, such as the planning commission. (Ord. 2471 § 1 (part), 1998)

Section 18.04.109A Article III. Categorical Exemptions and Threshold Determinations

Section 18.04.110 Purpose of this article and adoption by reference.

(WAC 173-806-065) This article contains the rules for deciding whether a proposal has a "probable significant, adverse environmental impact" requiring an environmental impact statement (EIS) to be prepared. This part also contains rules for evaluating the impacts of proposals not requiring an EIS. The city adopts the following sections by reference, as supplemented in this article:

WAC

197-11-300 Purpose of this part

197-11-305 Categorical exemptions

197-11-310 Threshold determination required

197-11-315 Environmental checklist

197-11-330 Threshold determination process

197-11-335 Additional information

197-11-340 Determination of nonsignificance (DNS)

197-11-350 Mitigated DNS

197-11-355 Optional DNS process

197-11-360 Determination of significance (DS)/initiation of scoping

197-11-390 Effect of threshold determination

(Ord. 2471 § 1 (part), 1998)

Section 18.04.115 Environmentally sensitive area designated.

A. The city hereby designates the area outside of the city but within the city jurisdiction for water system decisions as an environmentally sensitive area pursuant to WAC 197-11-906 and WAC 197-11-908.

B. This environmentally sensitive area, mapped on Attached A to the ordinance codified in this section, is hereby adopted by reference pursuant to WAC 197-11-906 and WAC 197-11-908.

C. Within this environmentally sensitive area the water line exemptions of WAC 197-11-800(3)(24)(b) do not apply.

D. Within this environmentally sensitive area the city exempts from SEPA review only its decisions relating to water lines of four inches or less in diameter. (Ord. 2154 §§ 1--4, 1990)

Section 18.04.120 Flexible thresholds for categorical exemptions.

(WAC 173-806-070)

A. The city establishes the following exempt levels for minor new construction under WAC 197-110800 (1)(b) based on local conditions:

1. For residential dwelling units in WAC 197-11-800(1)(b)(i): Up to twenty dwelling units.

2. For agricultural structures in WAC 197-11-800 (1)(b)(ii): Up to ten thousand square feet.

3. For office, school, commercial, recreational, service or storage buildings in WAC 197-11-800(1)(b) (iii): Up to twelve thousand square feet and up to forty parking spaces.

4. For parking lots in WAC 197-11-800(1)(b)(iv): Up to forty parking spaces.

5. For landfills and excavations in WAC 197-11-800(1)(b)(v): Up to five hundred cubic yards.

B. Whenever the city establishes new exempt levels under this section, it shall send them to the Department of Ecology, Headquarters Office, Olympia, Washington, 98504 under WAC 197-11-800(1)(c). (Ord. 2471 § 1 (part), 1998)

Section 18.04.130 Use of exemptions.

(WAC 173-806-080)

A. Each department within the city that receives an application for a license or, in the case of governmental proposals, the department initiating the proposal, shall determine whether the license and/or the proposal is exempt. The department's determination that a proposal is exempt shall be final and not subject to administrative review. If a proposal is exempt, none of the procedural requirements of this ordinance apply to the proposal. The city shall not require completion of an environmental checklist for an exempt proposal.

B. In determining whether or not a proposal is exempt, the department shall make certain the proposal is properly defined and shall identify the governmental licenses required (WAC 197-11-060). If a proposal includes both exempt and nonexempt actions, the department shall determine the lead agency, even if the license application that triggers the department's consideration is exempt.

C. If a proposal includes both exempt and nonexempt actions, the city may authorize exempt actions prior to compliance with the procedural requirements of this chapter, except that:

1. The city shall not give authorization for:

a. Any nonexempt action;

b. Any action that would have an adverse environmental impact; or

c. Any action that would limit the choice of alternatives.

2. A department may withhold approval of an exempt action that would lead to modification of the physical environment, when such modification would serve no purpose if nonexempt action(s) were not approved; and

3. A department may withhold approval of exempt actions that would lead to substantial financial expenditures by a private applicant when the expenditures would serve no purpose if nonexempt action(s) were not approved. (Ord. 2471 § 1 (part), 1998)

Section 18.04.140 Environmental checklist.

(WAC 173-806-090)

A. A completed environmental checklist (or a copy), in the form provided in WAC 197-11-960, shall be filed at the same time as an application for a permit, license, certificate, or other approval not specifically exempted in this chapter; except, a checklist is not needed if the city and applicant agree an EIS is required, SEPA compliance has been completed, or SEPA compliance has been initiated by another agency. This city shall use the environmental checklist to determine the lead agency and, if the city is the lead agency, for determining the responsible official for making the threshold determination.

B. For private proposals, the city will require the applicant to complete the environmental checklist, providing assistance as necessary. For city proposals, the department initiating the proposal shall complete the environmental checklist for that proposal.

C. The city may require that it, and not the private applicant, will complete all or part of the environmental checklist for a private proposal, if either of the following occurs:

1. The city has technical information on a question or questions that is unavailable to the private applicant; or

2. The applicant has provided inaccurate information on previous proposals or on proposals currently under consideration. (Ord. 2471 § 1 (part), 1998)

Section 18.04.150 Mitigated DNS.

(WAC 173-806-100)

A. As provided in this section and in WAC 197-11-350, the responsible official may issue a DNS based on conditions attached to the proposal by the responsible official or on changes to, or clarifications of, the proposal made by the applicant.

B. An applicant may request in writing early notice of whether a DS is likely under WAC 197-11-350. The request must:

1. Follow submission of a permit application and environmental checklist for a nonexempt proposal for which the department is lead agency, and

2. Precede the city's actual threshold determination for the proposal.

C. The responsible official should respond to the request for early notice within ten working days. The response shall:

1. Be written;

2. State whether the city currently considers issuance of a DS likely and, if so, indicate the general or specific area(s) of concern that is/are leading the city to consider a DS; and

3. State that the applicant may change or clarify the proposal to mitigate the indicated impacts, revising the environmental checklist and/or permit application as necessary to reflect the changes or clarifications.

D. As much as possible, the city should assist the applicant with identification of impacts to the extent necessary to formulate mitigation measures.

E. When an applicant submits a changed or clarified proposal, along with a revised or amended environmental checklist, the city shall base its threshold determination on the changed or clarified proposal and should make the determination within fifteen days of receiving the changed or clarified proposal:

1. If the city indicated specific mitigation measures in its response to the request for early notice, the applicant changed or clarified the proposal to include those specific mitigation measure, the city shall issue and circulate a DNS under WAC 197-11-340(2).

2. If the city indicated areas of concern, but did not indicate specific mitigation measures that would allow it to issue a DNS, the city shall make the threshold determination, issuing a DNS or DS as appropriate.

3. The applicant's proposed mitigation measures (clarifications, changes or conditions) must be in writing and must be specific. For example, proposals to "control noise" or "prevent stormwater runoff" are inadequate, whereas proposal to "muffle machinery to X decibel" or "construct two hundred foot stormwater retention pond at Y location" are adequate.

4. Mitigation measures which justify issuance of a mitigated DNS may be incorporated in the DNS by reference to agency staff reports, studies or other documents.

F. A mitigated DNS is issued under either WAC 197-11-340(2), requiring a fourteen-day comment period and public notice, or WAC 197-11-355, which may require no additional comment period beyond the comment period on the notice of application.

G. Mitigation measures incorporated in the mitigated DNS shall be deemed conditions of approval of the permit decision and may be enforced in the same manner as any term or condition of the permit, or enforced in any manner specifically prescribed by the city.

H. If the city's tentative decision on a permit or approval does not include mitigation measures that were incorporated in a mitigated DNS for the proposal, the city should evaluate the threshold determination to assure consistency with WAC 197-11-340 (3)(a) (withdrawal of DNS).

I. The city's written response under subsection (B) of this section shall not be construed as a determination of significance. In addition, preliminary discussion of clarifications or changes to a proposal, as opposed to a written request for early notice, shall not bind the city to consider the clarifications or changes in its threshold determination. (Ord. 2471 § 1 (part), 1998)

Section 18.04.159A Article IV. Environmental Impact Statement (EIS)

Section 18.04.160 Purpose of this article and adoption by reference.

(WAC 173-806-110) This article contains the rules for preparing environmental impact statements. The city adopts the following sections by reference, as supplemented by this article.

WAC

197-11-400 Purpose of EIS

197-11-402 General requirements

197-11-405 EIS types

197-11-406 EIS timing

197-11-408 Scoping

197-11-410 Expanded scoping (Optional)

197-11-420 EIS preparation

197-11-425 Style and size

197-11-430 Format

197-11-435 Cover letter or memo

197-11-440 EIS comments

197-11-442 Contents of EIS on nonproject proposals

197-11-443 EIS contents when prior nonproject EIS

197-11-444 Elements of the environment

197-11-448 Relationship of EIS to other considerations

197-11-450 Cost-benefit analysis

197-11-455 Issuance of DEIS

197-11-460 Issuance of FEIS

(Ord. 2471 § 1 (part), 1998)

Section 18.04.170 Preparation of EIS--Additional considerations.

(WAC 173-806-120)

A. Preparation of draft and final EISs (DEIS and FEIS) and draft and final supplemental EISs (SEIS) is the responsibility of the responsible official. Before the city issues an EIS, the responsible official shall be satisfied that it complies with this chapter and Chapter 197-11 WAC.

B. The DEIS and FEIS or draft and final SEIS shall be prepared by city staff or by a consultant selected by the city and the applicant. If the responsible official requires an EIS for a proposal and determines that someone other than the city will prepare the EIS, the responsible official shall notify the applicant immediately after completion of the threshold determination. The responsible official shall also notify the applicant of the city's procedure for EIS preparation, including approval of the DEIS and FEIS prior to distribution.

C. The city may require an applicant to provide information the city does not possess, including specific investigations. However, the applicant is not required to supply information that is not required under this chapter or that is being requested from another agency. (This does not apply to information the city may request under another ordinance or statute.) (Ord. 2471 § 1 (part), 1998)

Section 18.04.180 Additional elements to be covered in an EIS.

(WAC 173-806-125) The following additional elements are part of the environment for the purpose of EIS content, but do not add to the criteria for threshold determinations or perform any other function or purpose under this chapter:

A. Economy;

B. Social policy analysis;

C. Cost-benefit analysis;

D. Cultural factors;

E. Sociological factors. (Ord. 2471 § 1 (part), 1998)

Section 18.04.189A Article V. Commenting

Section 18.04.190 Adoption by reference.

(WAC 173-806-128) This article contains rules for consulting, commenting, and responding on all environmental documents under SEPA, including rules for public notice and hearings. The city adopts the following sections by reference, as supplemented in this article:

WAC

197-11-500 Purpose of this part.

197-11-502 Inviting comment.

197-11-504 Availability and cost of environmental documents.

197-11-508 SEPA register.

197-11-510 Public notice.

197-11-535 Public hearings and meetings.

197-11-545 Effect of no comment.

197-11-550 Specificity of comments.

197-11-560 FEIS response to comments.

197-11-570 Consulted agency costs to assist lead agency.

(Ord. 2471 § 1 (part), 1998)

Section 18.04.200 Public notice.

(WAC 173-806-132)

A. Whenever possible, the city shall integrate the public notice required under this section with existing notice procedures for the city nonexempt permit(s) or approval(s) required for the proposal.

B. Whenever the city issues a DNS under WAC 197-11-340(2) or a DS under WAC 197-11-360(3) the city shall give public notice as follows:

1. If an environmental document is issued concurrently with the notice of application, the public notice requirements for the notice of application in RCW 36.70B. 110(4) will suffice to meet the SEPA public notice requirements in WAC 197-11-510(1).

2. If no public notice is otherwise required for the permit or approval, the city shall give notice of the DNS or DS by:

a. Posting the property, for site-specific proposals;

b. Publishing notice in a newspaper of general circulation in the city where the proposal is located; and

c. Posting the notice at City Hall and Post Office.

3. Whenever the city issues a DS under WAC 197-11-360(3), the city shall state the scoping procedure for the proposal in the DS as required in WAC 197-11-408 and in the public notice.

C. If a DNS is issued using the optional DNS process, the public notice requirements for a notice of application in RCW 36.70B.110(4) as supplemented by the requirements in WAC 197-11-355 will suffice to meet the SEPA public notice requirements in WAC 197-11-510 (1)(b).

D. Whenever the city issues a DEIS under WAC 197-11-455(5) or a SEIS under WAC 197-11-620, notice of the availability of those documents shall be given by:

1. Indicating the availability of the DEIS in any public notice required for a nonexempt license; and

2. Posting the property, for site-specific proposals;

3. Publishing notice in a newspaper of general circulation in the city where the proposal is located; and

4. Posting the notice at City Hall and Post Office. (Ord. 2471 § 1 (part), 1998)

Section 18.04.210 Designation of official to perform consulted agency responsibilities for the city.

(WAC 173-806-140)

A. The city director of planning and community development shall be responsible for preparation of written comments for the city in response to a consulted agency and is authorized to develop operating procedures that will ensure that responses to consultation requests are prepared in a timely fashion and include data from all appropriate departments of the city.

B. This person shall be responsible for the city's compliance with WAC 197-11-550 whenever the city is a consulted agency and is authorized to develop operating procedures that will ensure that responses to consultation requests are prepared in a timely fashion and include data from all appropriate departments of the city. (Ord. 2471 § 1 (part), 1998)

Section 18.04.219A Article VI. Using Existing Environmental Documents

Section 18.04.220 Purpose of this article and adoption by reference.

(WAC 173-806-150) This article contains rules for using and supplementing existing environmental documents prepared under SEPA or National Environmental Policy Act (NEPA) for the city's own environmental compliance. The city adopts the following sections by reference:

WAC

197-11-164 Planned actions--Definition and criteria.

197-11-168 Ordinances or resolutions designating planned actions--Procedures for adoption.

197-11-172 Planned actions--Project review.

197-11-600 When to use existing environmental documents.

197-11-610 Use of NEPA documents.

197-11-620 Supplemental environmental impact statement--Procedures.

197-11-625 Addenda--Procedures.

197-11-630 Adoption--Procedures.

197-11-635 Incorporation by reference--Procedures.

197-11-640 Combining documents.

(Ord. 2471 § 1 (part), 1998)

Section 18.04.229A Article VII. SEPA and Agency Decisions

Section 18.04.230 Purpose of this article and adoption by reference.

(WAC 173-806-155) This article contains rules (and policies) for SEPA's substantive authority, such as decisions to mitigate or reject proposals as a result of SEPA. This part also contains procedures for appealing SEPA determinations to agencies or the courts. The city adopts the following sections by reference:

WAC

197-11-650 Purpose of this part

197-11-655 Implementation

197-11-660 Substantive authority and mitigation

197-11-680 Appeals

(Ord. 2471 § 1 (part), 1998)

Section 18.04.240 Substantive authority.

(WAC 173-806-160)

A. The policies and goals set forth in this chapter are supplementary to those in the existing ordinances of the city.

B. The city may attach conditions to a permit or approval for a proposal so long as:

1. Such conditions are necessary to mitigate specific probable adverse environmental impacts identified in environmental documents prepared pursuant to this chapter; and

2. Such conditions are in writing; and

3. The mitigation measures included in such conditions are reasonable and capable of being accomplished; and

4. The city has considered whether other local, state, or federal mitigation measures applied to the proposal are sufficient to mitigate the identified impacts; and

5. Such conditions are based on one or more policies in subsection D of this section and cited in the license or other decision document.

C. The city may deny a permit or approval for a proposal on the basis of SEPA so long as:

1. A finding is made that approving the proposal would result in probable significant adverse environmental impacts that are identified in a FEIS or final SEIS prepared pursuant to this chapter; and

2. A finding is made that there are no reasonable mitigation measures capable of being accomplished that are sufficient to mitigate the identified impact; and

3. The denial is based on one or more policies identified in subsection D of this section and identified in writing in the decision document.

D. The city designates and adopts by reference the following policies as the basis for the city's exercise of authority pursuant to this section:

1. The city shall use all practicable means, consistent with other essential considerations of state policy, to improve and coordinate plans, functions, programs, and resources to the end that the state and its citizens may:

a. Fulfill the responsibilities of each generation as trustee of the environment for succeeding generations;

b. Assure for all people of Washington safe, healthful, productive, and aesthetically and culturally pleasing surroundings;

c. Attain the widest range of beneficial uses of the environment without degradation, risk to health or safety, or other undesirable and unintended consequences;

d. Preserve important historic, cultural, and natural aspects of our national heritage;

e. Maintain, wherever possible, an environment which supports diversity and variety of individual choice;

f. Achieve a balance between population and resource use which will permit high standards of living and a wide sharing of life's amenities; and

g. Enhance the quality of renewable resources and approach the maximum attainable recycling of depletable resources.

2. The city recognizes that each person has a fundamental and inalienable right to a healthful environment and that each person has a responsibility to contribute to the preservation and enhancement of the environment.

3. The city adopts by reference the policies in the following city ordinances: city comprehensive plan and development regulations (zoning and subdivision). (Ord. 2471 § 1 (part), 1998)

Section 18.04.250 Appeals.

(WAC 173-806-170)

A. The city elects not to have an agency administrative appeal.

B. The city shall give official notice under WAC 197-11-680(5) whenever it issues a permit or approval for which a statute or ordinance establishes a time limit for commencing judicial appeal. (Ord. 2471 § 1 (part), 1998)

Section 18.04.260 Notice/statute of limitations.

(WAC 173-806-173)

A. The city applicant for, or proponent of an action may publish a notice of action pursuant to RCW 43.21 C.080 for any action.

B. The form of the notice shall be substantially in the form provided in WAC 197-11-990. The notice shall be published by the city clerk, applicant or proponent pursuant to RCW 43.21C.080. (Ord. 2471 § 1 (part), 1998)

Section 18.04.269A Article VIII. Definitions

Section 18.04.270 Purpose of this article and adoption by reference.

(WAC 173-806-175) This article contains uniform usage and definitions of terms under SEPA. The city adopts the following sections by reference, as supplemented by WAC 173-806-030 040:

WAC

197-11-700 Definitions

197-11-702 Act

197-11-704 Action

197-11-706 Addendum

197-11-708 Adoption

197-11-710 Affected tribe

197-11-712 Affecting

197-11-714 Agency

197-11-716 Applicant

197-11-718 Built environment

197-11-720 Categorical exemption

197-11-721 Closed record appeal

197-11-722 Consolidated appeal

197-11-724 Consulted agency

197-11-726 Cost-benefit analysis

197-11-728 County/city

197-11-730 Decision maker

197-11-732 Department

197-11-734 Determination of nonsignificance (DNS)

197-11-736 Determination of significance (DS)

197-11-738 EIS

197-11-740 Environment

197-11-742 Environmental checklist

197-11-744 Environmental document

197-11-746 Environmental review

197-11-750 Expanded scoping

197-11-752 Impacts

197-11-754 Incorporation by reference

197-11-756 Lands covered by water

197-11-758 Lead agency

197-11-760 License

197-11-762 Local agency

197-11-764 Major action

197-11-766 Mitigated DNS

197-11-768 Mitigation

197-11-770 Natural environment

197-11-772 NEPA

197-11-774 Nonproject

197-11-775 Open record hearing

197-11-776 Phased review

197-11-778 Preparation

197-11-780 Private project

197-11-782 Probable

197-11-784 Proposal

197-11-786 Reasonable alternative

197-11-788 Responsible official

197-11-790 SEPA

197-11-792 Scope

197-11-793 Scoping

197-11-794 Significant

197-11-796 State agency

197-11-797 Threshold determination

197-11-799 Underlying governmental action

(Ord. 2471 § 1 (part), 1998)

Section 18.04.279A Article IX. Categorical Exemptions

Section 18.04.280 Adoption by reference.

(WAC 173-806-180) The city adopts by reference the following rules for categorical exemptions, as supplemented in this chapter, including WAC 173-806-070 (Flexible thresholds), WAC 173-806-080 (Use of exemptions), and WAC 173-806-190 (Critical areas):

WAC

197-11-800 Categorical exemptions.

197-11-880 Emergencies.

197-11-890 Petitioning DOE to change exemptions.

(Ord. 2471 § 1 (part), 1998)

Section 18.04.289A Article X. Agency Compliance

Section 18.04.290 Purpose of this article and adoption by reference.

(WAC 173-806-185) This article contains rules for agency compliance with SEPA, including rules for charging fees under the SEPA process, designating categorical exemptions that do not apply within critical areas, listing agencies with environmental expertise, selecting the lead agency, and applying these rules to current agency activities. The city adopts the following sections by reference:

WAC

197-11-900 Purpose of this part

197-11-902 Agency SEPA policies

197-11-916 Application to ongoing actions

197-11-920 Agencies with environmental expertise

197-11-922 Lead agency rules

197-11-924 Determining the lead agency

197-11-926 Lead agency for governmental proposals

197-11-928 Lead agency for public and private proposals

197-11-930 Lead agency for private projects with one agency with jurisdiction

197-11-932 Lead agency for private projects requiring licenses from more than one agency, when one of the agencies is a county/city

197-11-934 Lead agency for private projects requiring licenses from a local agency, not a county/city, and one or more state agencies

197-11-936 Lead agency for private projects requiring licenses from more than one state agency

197-11-938 Lead agencies for specific proposals

197-11-940 Transfer of lead agency status to a state agency

197-11-942 Agreements on lead agency status

197-11-944 Agreements on division of lead agency duties

197-11-946 DOE resolution of lead agency disputes

197-11-948 Assumption of lead agency status

(Ord. 2471 § 1 (part), 1998)

Section 18.04.300 Critical areas.

(WAC 173-806-190)

A. Outside the city limits the water line exemptions of WAC 197-11-800(3)(24)(b) do not apply.

B. Outside the city limits the city exempts from SEPA review its decisions relating to water lines of four inches or less in diameter. (Ord. 2471 § 1 (part), 1998)

Section 18.04.310 Fees.

(WAC 173-806-200) The city shall require the following fees for its activities in accordance with the provisions of this chapter:

A. Threshold Determination. For every environmental checklist the city will review when it is lead agency, the city shall collect two hundred dollars from the proponent of the proposal prior to undertaking the threshold determination. The time period provided by this chapter for making a threshold determination shall not begin to run until payment of this fee. Additionally, when the city completes its environmental review, the city may charge and collect a reasonable fee from any applicant to cover costs incurred by the city in preparing the threshold determination or EIS documents. The city shall charge fees for the coordination and supervision of the threshold determination preparation or EIS documents in the sum equal to staff time expended on the project (at fifty dollars per hour plus one hundred percent of that amount to compensate for support staff time and expenses) as supported by time sheets. The responsible official shall advise the applicant(s) or the projected costs for the threshold determination or EIS documents prior to actual preparation; the applicant shall post bond or otherwise ensure payment of such costs.

B. Environmental Impact Statement.

1. When the city is lead agency for a proposal requiring an EIS and the responsible official determines that the EIS shall be prepared by employees of the city, the city may charge and collect a reasonable fee from any applicant to cover costs incurred by the city in preparing the EIS. The responsible official shall advise the applicant(s) of the projected costs for the EIS prior to actual preparation; the applicant shall post bond or otherwise ensure payment of such costs.

2. The responsible official may determine that the city will contract directly with a consultant for preparation of an EIS, or a portion of the EIS, for activities initiated by some persons or entity other than the city and may bill such costs and expenses directly to the applicant. The city may require the applicant to post bond or otherwise ensure payment of such costs. Such consultants shall be selected by mutual agreement of the city and applicant after an informal call for proposals.

3. If a proposal is modified so that an EIS is no longer required, the responsible official shall refund any fees collected under subsections (B)(1) or (2) of this section which remain after incurred costs are paid.

C. The city may collect a reasonable fee from an applicant to cover the cost of meeting the public notice requirements of this chapter relating to the applicant's proposal as set forth in subsection A of this section.

D. The city shall not collect a fee for performing its duties as a consulted agency.

E. The city may charge any person for copies of any document prepared under this chapter, and for mailing the document, in a manner provided by Chapter 42.17 RCW. (Ord. 2480 § 1, 1999; Ord. 2471 § 1 (part), 1998)

Section 18.04.320 Effective date.

(WAC 173-806-205) The effective date of the ordinance codified in this chapter is five days after postingand publication. (Ord. 2471 § 1 (part), 1998)

Section 18.04.330 Severability.

(WAC 173-806-220) If any provision of this chapter or its application to any person or circumstance is held invalid, the remainder of this chapter, or the application of the provision to other persons or circumstances, shall not be affected. (Ord. 2471 § 1 (part), 1998)

Section 18.04.339A Article XI. Forms

Section 18.04.340 Adoption by reference.

(WAC 173-806-230) The city adopts the following forms and section by reference:

WAC

197-11-960 Environmental checklist

197-11-965 Adoption notice

197-11-970 Determination of nonsignificance (DNS)

197-11-980 Determination of significance and scoping notice (DS)

197-11-985 Notice of assumption of lead agency status

197-11-990 Notice of action

(Ord. 2471 § 1 (part), 1998)

Chapter 18.08 AIR POLLUTION CONTROL DISTRICT

Section 18.08.020 Organization.

The city joins with the county and the other cities and towns named in subsection B of Section 18.08.010 in the formation of an air pollution control district, and the city agrees, together with the cities, towns and county participating in the control district, as follows:

A. That the name of the district shall be the "Skagit County air pollution control district";

B. The principal office and place of business of the district shall be at Skagit County Courthouse, Mount Vernon, Skagit County, Washington, or at such other place as the board of directors of the district may from time to time agree upon by majority vote;

C. That the district shall begin to transact business and establish programs and exercise its powers on Oct. 18, 1966; it shall continue in active operation for such period of time and to such time as the board of directors of the district may find necessary to conduct research and studies and/or effectuate controls with respect to air pollution, and as long as the threat of air pollution in the county exists;

D. The geographic area of the district shall include the unincorporated areas and the participating cities or towns, to the end that all of the areas within Skagit County shall be a part of the participating jurisdiction of the district;

E. The mayor is authorized and directed to represent the city on the city selection committee, as provided in 70.94.110 RCW. (Ord. 1409 § 5-9.02, 1966)

Section 18.08.030 Financing.

A. The city shall make provision in its budget, commencing with the budget for the year 1967 and annually thereafter, for financing its participative share of the Skagit County air pollution control district, in an amount approximating but not exceeding ten cents per capita of the residents of the city.

B. Said funds are authorized to be expended in conjunction with like financial support from the other participating cities, towns and Skagit County, for establishing and operating the Skagit County air pollution control district, all in accordance with Chapter 70.94 RCW. (Ord. 1409 § 5-9.03, 1966)

Section 18.08.040 Enforcement.

The Skagit County air pollution control district shall have all of the powers and duties provided in Chapter 70.94 RCW, and all resolutions and valid rules and regulations of the district hereafter promulgated pertaining to the control or prevention of air pollution shall be strictly enforced within the city to the extent provided by law. (Ord. 1409 § 5-9.04, 1966)

Section 18.08.050 Copies on file.

A certified copy of the ordinance codified in this chapter shall be forthwith filed with the office of the Secretary of State of the state of Washington, and a copy of this chapter shall be filed with the county auditor, the county treasurer, and with each of the participating cities and towns named in this chapter. (Ord. 1409 § 5-9.05, 1966)

Chapter 18.12 LAND CLEARING AND GRADING

Section 18.12.020 Purposes and permit criteria.

These regulations are adopted for the following purposes and the city engineer shall consider such purposes as criteria or standards for the issuance of land clearing permits under Section 18.12.040 of this chapter:

A. To promote the public health, safety and general welfare of the citizens of the city;

B. To preserve and enhance the city's physical and aesthetic character by preventing indiscriminate removal or destruction of trees and ground cover on undeveloped and partially developed property;

C. To promote building and site planning practices that are consistent with the city's natural topographical and vegetational features while at the same time recognizing that certain factors such as condition (e.g., disease, danger of falling, etc.), proximity to existing and proposed structures and improvements, interference with utility services, protection of scenic views, and the realization of a reasonable enjoyment of property may require the removal of certain trees and ground cover;

D. To minimize surface water and groundwater runoff and diversion, to reduce siltation of lakes and streams and to deter erosion due to removal of trees and ground cover and reduce the risk of slides;

E. To minimize the need for additional storm drainage facilities;

F. To retain clusters of trees for the abatement of noise and wind protection;

G. To insure prompt development, restoration and replanting and effective erosion control of property after land clearing;

H. To implement the goals and objectives of the Washington State Environmental Policy Act;

I. It is not the intent or purpose of this chapter to prevent the reasonable development of land in Anacortes in accordance with the city's comprehensive plan. (Ord. 2129 § 2, 1989: Ord. 1807 § 2, 1979)

Section 18.12.030 Definitions.

For the purpose of this chapter the words set out in this section shall have the following meanings:

A. "City" means the city of Anacortes, Washington.

B. "Ground cover" means small plants such as salal, ivy, ferns, mosses, grasses or other types of vegetation which normally cover the ground.

C. "Land clearing" means the act of removing or destroying trees or ground cover from any undeveloped or partially developed lot, public lands, or public right-of-way of one-quarter of an acre in area or larger.

D. "Partially developed lot" means a lot or parcel of land of one-quarter of an acre on which a single-family dwelling is located and which is of sufficient area so as to be capable of subdivision in accordance with the city subdivision ordinance.

E. "Tree" means any living wood plant characterized by one main stem or trunk and many branches, and having a diameter of eight inches or more measured at twenty-four inches above ground level.

F. "Undeveloped lot" means a lot or parcel of land upon which no dwelling exists. (Ord. 2129 § 3, 1989: Ord. 1807 § 3, 1979)

Section 18.12.040 Permit--Required.

No person, corporation or other legal entity shall engage in or cause land clearing in the city without having obtained a land clearing permit from the city engineer; subject, however, to the provisions of subsection E of Section 18.12.050. (Ord. 2129 § 4, 1989: Ord. 1807 § 4, 1979)

Section 18.12.050 Permit--Exemptions from requirement.

The following shall be exempt from the provisions of this chapter:

A. The installation and maintenance of fire hydrants, water meters, and pumping stations, and street furniture by the city or its contractors;

B. Removal of trees and ground cover in emergency situations involving immediate danger to life or property or substantial fire hazards;

C. Removal of dead or diseased trees or ground cover;

D. Removal of trees or ground cover on partially developed lots of one-quarter of an acre or more for purposes of general property and utility maintenance, landscaping or maintenance. NOTE: This exemption shall not apply to any land clearing which includes the use of a bulldozer or similar mechanical earthmoving equipment, neither shall it be construed to eliminate the requirement of permits being obtained before land clearing for the purpose of developing the property with substantial permanent improvements such as roads, driveways, utilities or buildings;

E. No separate permit shall be required under this chapter if an application has been approved for a building permit, preliminary plat or a final planned unit development. (Ord. 2129 § 5, 1989: Ord. 2042 § 1, 1987; Ord. 1807 § 5, 1979)

Section 18.12.060 Permit--Application--Submission requirements generally.

An application for a land-clearing permit shall be submitted to the city and shall be accompanied by a map or plot plan of the property and the required fee. (Ord. 2129 § 6.1, 1989: Ord. 1807 § 6.1, 1979)

Section 18.12.070 Permit--Application--Map or plot plan requirements.

The map or plot plan shall be of a scale determined to be adequate by the city engineer and shall include: date; north arrow; scale; contours; location of proposed improvements; location, type, size, and condition of existing trees; general location of ground cover; identification of trees and ground cover to be removed; also the location of adjacent drainage ways, lakes, streams, swamps that may be affected by runoff from the site. (Ord. 2129 § 6.1.1, 1989: Ord. 1807 § 6.1.1, 1979)

Section 18.12.080 Permit--Application--Plan for protection of adjacent properties.

A. Applicant shall also submit a plan to minimize runoff, control erosion and protect adjacent properties.

B. Such measures may include replanting, reseeding, storm retention ponds, buffer areas or prompt development. (Ord. 2129 § 6.1.2, 1989: Ord. 1807 § 6.1.2, 1979)

Section 18.12.090 Permit--Application--Disposal of excavated property.

If excavated material is to be wasted off-site, an indication of the location and the route to the disposal site is to be given. (Ord. 2129 § 6.1.3, 1989: Ord. 1807 § 6.1.3, 1979)

Section 18.12.100 Permit--Fee.

A permit fee of fifteen dollars per acre, with a fifteen dollar minimum and a one hundred dollar maximum shall be paid to the city, before the land clearing or grading permit is issued, to cover administrative costs in reviewing the application for permit and in inspecting the site to determine compliance therewith. (Ord. 2129 § 6.1.4, 1989: Ord. 1807 § 6.1.4, 1979)

Section 18.12.110 Permit--Observance of state and city laws and regulations.

The provisions of the Washington State Environmental Policy Act of 1971 and Anacortes resolutions and/or ordinances and applicable regulations promulgated pursuant to SEPA shall be observed, by submitting a SEPA checklist as a minimum for all clearing permit covering more than one acre. (Ord. 2129 § 6.1.5, 1989: Ord. 1807 § 6.1.5, 1979)

Section 18.12.120 Permit--Observance of certain provisions of Uniform Building Code.

The provisions of "Excavation and Grading" of the Uniform Building Code shall be observed. (Ord. 2129 § 6.1.6, 1989: Ord. 1807 § 6.1.6, 1979)

Section 18.12.130 Permit--Procedure for obtaining--In conjunction with other city permit regulations.

The procedure for obtaining a permit under this chapter is a parallel procedure for application for permits under other pertinent city regulations and is to be read in conjunction with them. (Ord. 2129 § 6.1.7, 1989: Ord. 1807 § 6.1.7, 1979)

Section 18.12.140 Permit--City engineer's review and decision.

The city engineer shall complete his review and make his decision, adding conditions as appropriate, within twenty days from the date a complete application is submitted, unless an extension is authorized by the city council, and further subject to additional time requirements deemed by the city planning director to be necessary to comply with the State Environmental Policy Act. (Ord. 2129 § 6.2, 1989: Ord. 1807 § 6.2, 1979)

Section 18.12.150 Permit--Expiration, amendment, suspension and revocation.

A. Any permit granted under this chapter shall expire one year from the date of issuance.

B. Upon a showing of good cause, a permit may be extended for six months.

C. Approved plans shall not be amended without authorization of the city engineer.

D. The permit may be suspended or revoked by the city engineer because of incorrect information supplied or any violation of the provisions of this chapter. (Ord. 2129 § 6.3, 1989: Ord. 1807 § 6.3, 1979)

Section 18.12.160 Performance bond.

A. The city engineer may require, as a condition to the granting of a permit, that the applicant furnish a performance bond to the city to secure the applicant's obligation, after the approved land clearing has been accomplished, to complete the restoration and replanting of the property in accordance with the terms of his permit and within the term thereof.

B. The bond shall be in an amount equal to the estimated cost of such restoration and replanting and with surety and conditions satisfactory to the city engineer. (Ord. 2129 § 7, 1989: Ord. 1807 § 7, 1979)

Section 18.12.170 Appeals.

A. Any person or persons aggrieved by any action of the city engineer under this chapter may, within ten days of such action, file a notice of appeal with the city council setting forth the reasons for such an appeal.

B. The city council shall hear and determine the matter and may affirm, modify, or disaffirm the administrative decision within forty-five days of the filing of notice of appeal.

C. No work shall be done during the appeal process. (Ord. 2129 § 8, 1989: Ord. 1807 § 8, 1979)

Section 18.12.180 Companion ordinances and regulations.

This is a companion ordinance to other ordinances and regulations such as the zoning ordinance, the shorelines master program, the subdivision ordinance, and the Uniform Building Code, and should be read in conjunction with these ordinances. (Ord. 2129 § 12, 1989: Ord. 1807 § 12, 1979)

Section 18.12.190 Injunctive enforcement.

Any violation of the provisions of this chapter is declared to be a public nuisance and may be abated through proceedings for injunctive or similar relief in superior court or other court of competent jurisdiction. (Ord. 2129 § 10, 1989: Ord. 1807 § 10, 1979)

Section 18.12.200 Violation--Penalty.

A. A violation of any of the provisions of this chapter shall be a misdemeanor and any person found guilty thereof shall be punished by a fine not to exceed five hundred dollars.

B. It shall be a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this chapter is committed, continued or permitted. (Ord. 2129 § 9, 1989: Ord. 1807 § 9, 1979)

Chapter 18.14 NUISANCES

Section 18.14.020 Definitions.

Unless specifically defined below or unless context clearly requires a different meaning, terms used in this chapter have the meaning given them by the currently adopted edition of the building code. Gender and number are interchangeable.

A. "Abandoned" means any property, real or personal, which is unattended and either open or unsecured so that admittance may be gained without damaging any portion of the property, or which evidences indicia that no person is presently in possession, e.g. disconnected utilities, accumulated debris, uncleanness, disrepair and, in the case of chattels, location. Length of time or any particular state of mind of the owner or person entitled to possession are not conclusive in determining that property is abandoned.

B. "Board" means the city improvement board made up of three city residents, one nominated by each city council member who represents a city ward and confirmed by the city council at a regular meeting. Terms shall initially be for one, two, or three years and for four years thereafter.

C. "Boarded-up building" means any building, the exterior openings of which are closed by extrinsic devices or some other manner designed or calculated to be permanent, giving to the building the appearance of non-occupancy or non-use for an indefinite period of time.

D. "Building" means any building, dwelling, structure or mobile home, factory-built house or part thereof, built for the support, shelter or enclosure of persons, animals, chattels or property of any kind.

E. "Council" means the city council of the city of Anacortes.

F. "Director" means the director of planning, his authorized deputies and representatives.

G. "Health officer" means the head of the Skagit County Health Department, his authorized deputies or representatives.

H. "Nuisance" includes:

    1.    A nuisance defined by statute or ordinance;

    2.    A nuisance at common law, either public or private;

    3.    An attractive nuisance, whether in or on a building, a building premises or an unoccupied lot and whether realty, fixture or chattel, which might reasonably be expected to attract children of tender years and constitute a danger to them; including, but not limited to abandoned wells, ice boxes or refrigerators with doors and latches, other abandoned appliances, shafts, basements or other excavations, abandoned or inoperative vehicles or other equipment, structurally unsound fences or other fixtures, lumber, fencing, vegetation or other debris;

    4.    Uncleanness or whatever is dangerous to human life or detrimental to health;

    5.    Overcrowding; or

    6.    Abandonment or Vacancy.

    A more extensive definition is set forth in Section 18.14.180 of this chapter.

I. "Owner" means any person having any interest in the real estate in question as shown upon the records of the office of the Skagit County Auditor, or who establishes his interest before the director, board, or council. For the purpose of giving notice, the term "owner" also includes any person in physical possession.

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

K. "Repeat violation" means a violation of the same regulation in any location by the same person for which voluntary compliance has been sought within two years, or a notice of violation has been issued within two years.

L. "Weed hazard" means grasses, weeds or other vegetation which have grown and died or which are not irrigated and which exceed six inches in length. Public and private parks, public facility, public and private open space areas, areas of pristine vegetation and natural habitats for indigenous wildlife and agriculturally used property are not weed hazards. (Ord. 2522 § 2, 2000)

Section 18.14.030 Duties of director.

The director is the chief administrative officer for the purposes of this chapter, and his duties and powers include:

A Investigation of all buildings and premises which he has reasonable grounds to believe may be unfit, substandard, boarded-up or a nuisance;

B. Preparation, service and posting of complaints against buildings or premises believed to be in violation; and

C. Doing all things necessary and proper to carry out and enforce this chapter, including following the abatement procedure set forth in Section 18.14.200 of this chapter. (Ord. 2522 § 3, 2000)

Section 18.14.040 Duties of the board.

A. Conducting administrative hearings and rendering decisions based upon written findings; and

B. Doing all things necessary and proper to carry out and enforce this chapter. (Ord. 2522 § 4, 2000)

Section 18.14.050 Unfit buildings.

A. In reaching a judgment that a building is unfit for human habitation, the director, board or the council shall consider:

    1.    Dilapidation;

    2.    Disrepair;

    3.    Structural defects;

    4.    Defects increasing the hazards of fire, accidents or other calamities, such as parts standing or attached in such manner as to be likely to fall and cause damage or injury;

    5.    Inadequate ventilation;

    6.    Uncleanness;

    7.    Inadequate light;

    8.    Inadequate sanitary facilities;

    9.    Inadequate drainage;

    10.    Substandard conditions.

B. If these or other conditions are found to exist to an extent dangerous or injurious to the health or safety of the building’ s occupants, or other occupants of neighboring buildings or of other residents of the city, and if:

    1.    Structural deterioration is of such degree that:

    a.    Vertical members list, lean or buckle to the extent that a plumb line passing through the center of gravity falls outside the middle third of its base; or

    b.    Thirty-three percent of the supporting members shows damage or deterioration; or

    2.    The cost of restoration exceeds sixty percent of the value of the building; or

    3.    The building has been damaged by fire or other calamities, the cost of restoration exceeds thirty percent of the value of the building and it has remained vacant for six months or more (Value shall be determined by reference to a current edition of "Building Valuation Data" published by the International Conference of Building Officials or, if not published, as determined by the director. Cost of restoration is the actual estimated cost, which may be determined in the same manner as "value."). The board or the council shall order the building or premises demolished and the land suitably filled and cleared, or shall order the property immediately vacated and secured as completely as possible pending demolition.

    An undertaking entered into, at or prior to the hearing, by a party in interest creates a presumption that the building or premises can be reasonably repaired. The failure to accomplish such an undertaking is grounds for the board or the council to order demolition. If by reason of any of the above conditions, a building is unfit, but no public necessity is found for its immediate demolition, the council, board or the director may take other action, such as causing the property to be cleaned, cleared vacated, secured or otherwise repaired, which will promote the public health, safety or general welfare. (Ord. 2522 § 5, 2000)

Section 18.14.060 Substandard buildings.

A. In reaching a judgment that a building or premises is substandard, the director, board or the council shall be guided by such factors as:

    1.    Structural unsoundness;

    2.    Improper sanitation;

    3.    Improper safety;

    4.    Improper weatherproofing;

    5.    Defective or hazardous wiring which:

    a.    Did not conform with law applicable at the time of installation; or

    b.    Has not been maintained in good condition; or

    c.    Is not being used in a safe manner;

    6.    Defective or hazardous plumbing, including plumbing which:

    a.    Did not conform with law applicable at the time of installation; or

    b.    Has not been maintained in good condition; or

    c.    Is not being used in a safe manner;

    7.    Defective or hazardous heating or ventilating equipment, including equipment, vents and piping which:

    a.    Did not conform with law applicable at the time of installation; or

    b.    Has not been maintained in good and safe condition;

    8.    Fire hazard, including any building, device, apparatus, equipment, combustible waste or debris, or vegetation which may cause fire or explosion or provide ready fuel to augment the spread or intensity thereof;

    9.    Nuisance.

B. If these or similar conditions are found to exist, the board or council shall order the building or premises repaired, cleaned, cleared or otherwise brought into compliance with current codes, and may order the property vacated and secured as completely as possible pending such repair or other action. (Ord. 2522 § 6, 2000)

Section 18.14.070 Nuisances.

A. In determining that a nuisance exists, the director, board or the council will consider whether the conditions:

    1.    Annoy, injure or endanger the comfort, repose, health or safety of others;

    2.    Offend decency;

    3.    Offend the sense;

    4.    Unlawfully interfere, obstruct, tend to obstruct or endanger the passage of any stream, park, parkway, square, street, sidewalk, easement or way;

    5.    Render others insecure in life or use of property;

    6.    Obstruct the full use of property so as to essentially interfere with the comfortable enjoyment of life or property;

    7.    Constitute a weed hazard;

    8.    Violate any provision of this code, especially Titles 9, 15 and 18; or

    9.    Are unlawful or illegal.

B. If the board or council finds a nuisance to exist, it shall order it abated and may order the property otherwise secured pending abatement. If a fire hazard exists, the director may order a suitable firebreak be placed around the property or all vegetation reduced to six inches or less in length. (Ord. 2522 § 7, 2000)

Section 18.14.080 Complaint.

A. If, after a preliminary investigation of any building or premises, the director finds that it is an unfit, substandard, boarded-up, required to be boarded-up or a nuisance he shall cause the owners to be served, either personally or by first class and certified mail, with return receipt requested, and shall post in a conspicuous place on such property, a complaint stating in what respect such building is unfit for human habitation or other use or is substandard or that it is or should be a boarded-up building or that the premises is a nuisance, together with the corrective action to be taken and the fees and costs to be paid.

B. If the whereabouts of such person is unknown and cannot be ascertained by the director in the exercise of reasonable diligence, he shall make an affidavit to the effect, and then the serving of such complaint or order upon such persons may be made either by personal service or by mailing a copy of the notice and orders by certified mail, postage prepaid, return receipt requested, to each person at the address appearing on the last equalized tax assessment roll of the county where the property is located, or at the address known to the county assessor.

C. A copy of the notice and order shall also be mailed, addressed to each person, at the address of the building involved in the proceedings, if different, and to each person or party having a recorded right, title, estate, lien or interest in the property.

D. Such complaint shall contain a notice that a hearing will be held before the board at a place therein fixed, not less than ten days nor more than thirty days after the service of such complaint; that all parties in interest shall be given the right to file an answer to the complaint, and to appear in person or otherwise and give testimony at the time and place fixed in the complaint.

E. A copy of such complaint shall also be filed with the Auditor of Skagit County, and such filing of the complaint or order shall have the force and effect of lis pendens. (Ord. 2522 § 8, 2000)

Section 18.14.090 Voluntary correction.

A. The director may secure voluntary correction by agreement with the owner.

B. The voluntary correction agreement is a contact between the city and the owner in which such person agrees to abate the violation within a specified time and according to specified conditions. The voluntary agreement must include:

    1.    The name and address of the owner or person bound under the contract;

    2.    The street address and a legal description sufficient to identify the premises;

    3.    A description of the violation and a reference to the provision of this Code or other regulation that has been violated;

    4.    The corrective action to be taken, and a date and time by which the corrective action must be completed;

    5.    An agreement by the owner that the city may abate the violation and recover its costs and expenses pursuant to this chapter if all terms of the voluntary agreement are not met;

    6.    A waiver by the owner of his right to any administrative or legal review of the violations, the appropriate corrections, and all other rights except those in the agreement;

    7.    The administrative costs to be paid and by whom;

    8.    Permission by the owner for the city to enter upon the property at any time or, in the case of occupied property, at reasonable times until the violation is abated; and

    9.    An acknowledgement.

C. The director may grant an extension for corrections or modifications if the owner has been diligent and made substantial progress but has been unavoidably delayed. (Ord. 2522 § 9, 2000)

Section 18.14.100 Hearings before the board.

A. Unless, prior to the time fixed for hearing in the complaint issued by the director, arrangements satisfactory to the director for the repair, demolition, vacation or re-occupancy of the building or premises are made, including the proper application for permits, or abatement of the nuisance, the board shall hold a hearing for the purpose of determining the immediate disposition of the building or premises. The hearing will be canceled if the director approves the completed corrective action before the scheduled hearing.

B. The board shall conduct a hearing pursuant to its adopted rules. The director or his designee and the owner may participate as parties in the hearing and each party may call witnesses. Any complainant or person affected by the violation may appear and present evidence. The city shall have the burden of demonstrating by a preponderance of evidence that a violation has occurred and that the required corrective action is reasonable. The determination of the director shall be accorded substantial weight. If the owner fails to appear at the scheduled hearing, the board will enter an order finding that the violation occurred and assess the appropriate costs.

C. The board shall issue an order to the owner that contains the following information:

    1.    The decision regarding the alleged violation including findings of fact and conclusions based thereon;

    2.    The required corrective action;

    3.    The date and time by which the correction must be completed;

    4.    The costs assessed;

    5.    The date and time after which the City may proceed with abatement of the unlawful condition if the required correction is not completed;

    6.    The decision shall state that the owner has the right to appeal to the council within thirty days and, unless he does appeal or comply with the order, the city shall have the power, without further notice or proceedings, to vacate and secure the building or premises and do any act required of the owner in the order of the board, and to charge any expenses incurred thereby to the owner.

D. The director shall mail by certified mail, a copy of the decision to the owner or occupant within ten working days following the hearing.

E. If no appeal is filed, a copy of such order shall be filed with the Auditor of Skagit County and shall be a final order. (Ord. 2522 § 10, 2000)

Section 18.14.110 Hearings before the council.

A. Upon appeal, the council is to review the proceedings and orders of the board and to affirm, modify or vacate said orders.

B. Within thirty days from the date of service and posting of an order by the board, an owner may file an appeal with the council by filing a written notice of appeal with the city clerk setting out the reasons he believes the findings or order of the board to be erroneous. There will be not less than ten nor more than thirty days from the date of said appeal or referral and the council hearing. Notice of the time and place of the hearing shall be made in accord with the zoning code. The matter of the appeal will be scheduled for public hearing before the council so as to allow ten days’ notice of the hearing to the appellant and all interested parties and to permit final decision thereon to be made within sixty days after the filing of the appeal. The filing of the notice of appeal shall stay the order of the board, except so much thereof as requires temporary measures, such as securing of the building to minimize any emergent danger to the public health or safety.

C. Upon the public hearing of the appeal, the council shall consider the file of the proceedings before the board and such other evidence as may be presented. After the hearing, the council may affirm, modify or vacate the order of the board, or may continue the matter for further deliberation or presentation of additional evidence. Normally the council will not accept new evidence or evidence not made available to the board in the absence of good cause. The council’ s review is on the record, not de novo. A record of the proceedings shall be made and kept for one year or until the matter is final, whichever is longer. The council shall cause its findings of fact and order to be made in writing; provided, the council may adopt the findings and order of the board, or so much thereof as supports its decision. Such findings and order shall be served and posted in the same manner as an order of the board. In addition, such notice shall state that the owner has the right to petition the Superior Court of Skagit County for appropriate relief within thirty days after the order becomes final.

D. Any action taken by the council shall be final sixty days after the filing of a notice of appeal unless continued with consent of the owner or occupant. In the event that the council fails to reach a decision or continues the hearing beyond sixty days after the filing of an appeal, the board’ s order and finding shall be that of the council’ s, and shall be final and subject to petition to the superior court; provided, any continuance at the request or with the consent of any owner or occupant shall suspend the running of the sixty days allowed for final decision, for the length of the continuance. (Ord. 2522 § 11, 2000)

Section 18.14.120 Enforcement when owner fails to take corrective action.

A. If other action ordered by the board or the council is not taken within the time prescribed, or if no time is specified within the time for appeal, the director may cause the action to be taken by the city.

B. If the director deems it necessary to have the building secured as an interim measure for the protection of the public health and welfare while pending action, he may so order. If the owner is unable or unwilling to secure the building within forty-eight hours, the director may order the building secured by the city.

C. If the owner is unable to comply with the board or council’ s order within the time required, and the time for appeals to the council or petition to the court has passed, he may, for good and sufficient cause beyond his control, request in writing an extension of time. The board or the council may grant a reasonable extension of time after a finding that the delay was beyond the control of the owners. There shall be no appeal or petition from the board or the council’ s ruling on an extension of time.

D. The order of the board or the council may prescribe times within which demolition shall be commenced or completed. If the action is not commenced or completed within the prescribed time, or if no time is prescribed within the time for appeal, the director may cause the building to be demolished and the premises to be suitably filled and cleared as provided by the building code. If satisfactory progress has been made and sufficient evidence is presented that the work will be completed within a reasonable time, the board or the council may extend the time for completion of the work. If satisfactory or substantial progress has not been made, the board or the council may cause the building to be demolished and the premises suitably filled and cleared as provided by the building code. The Director shall let bids for any demolition in accordance with the building code.

E. Motor vehicles are addressed separately in Section 18.14.210. (Ord. 2522 § 12, 2000)

Section 18.14.130 Costs.

A. The costs of abatement, repair, alteration or improvement, or vacating and closing, or removal or demolition will be borne by the owner. If the city advances these costs they shall be recovered as provided by state law.

Bids for demolition shall be let only to a licensed contractor. The contract document shall provide that the value of the materials and other salvage of the property shall be credited against the costs of the demolition. The contract documents may require bidders to estimate the salvage value of the property and, the salvage of the property shall be credited against the costs of the demolition. The contract price fixed by acceptance of such a bid shall not be adjusted to reflect the actual salvage value. Such bids may be let prior to the time for compliance or appeal, but shall not be binding or accepted until the order for demolition is final. The director shall have the authority to sign the contract on behalf of the city, after receiving authorization from mayor or council as appropriate. There shall be charged against the owner and assessed against the property of any boarded-up building an annual inspection fee of two hundred fifty dollars. Such fee shall be payable at the time the building becomes a boarded-up building. The council or board shall order a refund of the proportional amount not due if the building is reoccupied or demolished. Subsequent annual fees shall be payable on or before the preceding annual fee has been exhausted.

B. 1. Actual costs and expenses will be assessed in accord with the provisions of this section.

2. In addition to actual abatement costs the following administrative fee shall be assessed and collected in the same manner:

a. Where abatement is accomplished prior to board hearing:

Nuisance or weed hazard

$100.00

Substandard building

$200.00

Unfit building

$300.00.

Provided, the director may waive these fees for a first offense if abatement is complete prior to a board hearing.

b. Where abatement is accomplished subsequent to a Board hearing:

Nuisance or weed hazard $500.00:

Substandard building

$1,000.00

Unfit building

$1,500.00

c. Where abatement is accomplished following breach of an agreement or understanding between a property owner and director, board or council:

Nuisance or weed hazard

$1,000.00

Substandard building

$2,000.00

Unfit building

$3,000.00

3. For repeat violations, costs shall be doubled.

C. The director, board, or council may modify the time or methods of payment of such expenses as the condition of the property and the circumstances of the owner may warrant. In setting costs, they may reduce the costs to an owner who has acted in good faith and would suffer extreme financial hardship. They may increase costs if it appears that the scheduled cost are inadequate to make the city whole with respect to a particular violation. (Ord. 2522 § 13, 2000)

Section 18.14.140 Permit required.

Any work including construction, repairs or alterations under this chapter to rehabilitate any building or structure, may require a permit in accord with the provisions of the building code. (Ord. 2522 § 14, 2000)

Section 18.14.150 Rules and regulations.

The director and board may make and promulgate such rules and regulations as will effectuate the purpose of this chapter and do substantial justice. (Ord. 2522 § 15, 2000)

Section 18.14.160 Penalties.

A. It shall be unlawful and a violation of this chapter to knowingly:

    1.    Occupy or suffer to be occupied any building or premises ordered vacated;

    2.    Fail to comply with any order issued pursuant to this chapter; or

    3.    Obstruct any officer or agent of the city or other governmental unit in the enforcement of this chapter.

B. Violation of this chapter is a gross misdemeanor as well as opening owner(s) to costs and fees under Section 18.14.130 of this chapter. (Ord. 2522 § 16 (part), 2000)

Section 18.14.170 Emergencies.

The provisions of this chapter shall not prevent the director or any other officer of the city or other governmental unit from taking any other action, summary or otherwise, necessary to eliminate or minimize an imminent danger to the health or safety of any person or property. (Ord. 2522 § 16 (part), 2000)

Section 18.14.180 Public nuisance defined.

A. Every act unlawfully done and every omission to perform a duty, which act or omission does any of the following, shall constitute a public nuisance:

    1.    Annoys, injures or endangers the safety, health, comfort or repose of the citizens of the city; or

    2.    Offends public decency; or

    3.    Unlawfully interferes with, obstructs, or tends to obstruct, or renders dangerous for passage, a public park, street, alley, highway or other public area; or

    4.    In any way renders any citizens of the city insecure in life or use of property.

B. The following acts, in addition to any others in violation of subsection (A) of this section, shall constitute a public nuisance:

    1.    Throwing, depositing, exposing or causing to be disposed of, in any street or other public place within the city, any garbage, waste, refuse, litter, debris or other offensive material, unless the disposal of such items in such place is specifically authorized by law;

    2.    Causing or allowing garbage, waste, refuse, litter, debris or other offensive materials, to be collected or deposited, or to remain in any place in the city, to the annoyance of any person, unless otherwise permitted by law;

    3.    Erecting, continuing or using any building, room, property or other place in the city for the exercise of any trade, employment or manufacture which results in offensive odors or other annoyances being released, and which annoys, injures or is offensive or detrimental to the health of the individuals there employed or residing, or to the public;

    4.    Burning of refuse or other material in such a manner as to cause or permit the smoke, ashes, soot or gases arising from such burning to become discomforting or annoying, or to injure or endanger the health of any person or neighborhood;

    5.    Any building, house, room or other structure or vehicle, maintained or used for the purpose of lewdness, assignation or prostitution;

    6.    All houses, rooms, booths or other structures used as a place of resort where disorderly persons are allowed to congregate, or in which drunkenness is carried on or permitted;

    7.    Any pit, basin, hole or other excavation which is unguarded and dangerous to life, or has been abandoned, or is no longer used for the purpose for which it was constructed, or is maintained contrary to law;

    8.    All obstructions to streets, rights-of-way or other public ways in the city, and all excavations in or under the same, which are by ordinance prohibited, or which may be made without lawful permission, or which , having been made by lawful permission, are kept and maintained after the purpose thereof has been accomplished, or for an unreasonable length of time;

    9.    Erecting, maintaining, using, placing, depositing, leaving or permitting to be or remain in or upon, any private lot, building, structure or premises, or in or upon any street, alley, sidewalk, park, parkway or other public or private place in the city, any one or more of, but not limited to, the following conditions or things:

    a.    Any unsound, putrid or unwholesome bone, meat, hides, skin or the whole or parts of any dead animal or fish, or any unsound, putrid or unwholesome substance; or the offal, garbage or other offensive parts of any animals; or any noxious, offensive, dangerous or otherwise injurious chemic

Nuisance or weed hazard	$100.00
Substandard building	$200.00
Unfit building	$300.00.

Nuisance or weed hazard	$1,000.00
Substandard building	$2,000.00
Unfit building	$3,000.00