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HomeMy WebLinkAbout05/05/2009 18 Right-of-Way Use Permits Decisions by Review Board; YMC Amendment 11.10.010 and 11.10.400 BUSINESS OF THE CITY COUNCIL • YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 1 2 For Meeting Of May 5. 2009 ITEM TITLE: Amendment of YMC 11.10.010 and 11.10.400 to provide for the Community Review Board to review and decide applications for residential right -of -way use permits. SUBMITTED BY: Bill Cook, Director, CED CONTACT PERSON/TELEPHONE: Bill Cook — 575 -6227 Joan Davenport — 576 -6417 Jeff Cutter — 575 -6030 SUMMARY EXPLANATION: The City Council recently approved an amendment to YMC 8.20 of the Municipal Code to affect the Council's desire concerning review and approval or denial of residential right -of -way use permits. A part of that recommendation includes utilizing the Community Review Board that is authorized under YMC 11.10 to hear and decide the applications for residential right -of -way use permits. In order to provide the Community Review • Board with the authorization to carry out the duties assigned by the previous amendment to the right -of -way use permit ordinance the attached ordinance revisions to YMC Chapter 11.10 are also necessary. There is no anticipated additional cost associated with this YMC amendment. Resolution Ordinance X Contract Other(Specify) Contract Mail to (name and address): Phone: Funding Source APPROVED FOR SUBMITTAL: -qty Manager STAFF RECOMMENDATION: Pass the ordinance amendment BOARD /COMMISSION /COMMITTEE RECOMMENDATION: Right -of -Way application amendment was previously approved by Council on April 21, 2009. COUNCIL ACTION: • • ORDINANCE NO. 2009- AN ORDINANCE related to neighborhood conservation; authorizing the Community Review Board established under YMC Chapter 11.10 to review and issue decisions for applications for residential right -of -way use permits described in YMC Chapter 8.20; and amending sections 11.10.010 and 11.10.400 of the City of Yakima Municipal Code. BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1. Section 11.10.010 of Chapter 11.10 of the City of Yakima Municipal Code is amended to read as follows: 11.10.010 Findings and purpose. There exist within the city of Yakima dwellings that are unfit for human habitation, and buildings, structures, and premises, or portions thereof, that are unfit for other uses, due to dilapidation, disrepair, structural defects, defects increasing the hazards of fire, accidents, or other calamities, inadequate ventilation and uncleaness, inadequate light or sanitary facilities, inadequate drainage, overcrowding, or due to other conditions that are harmful to the health, safety and welfare of the residents of the city. The purpose of this chapter is to implement the process and to acquire and exercise the powers authorized by Chapter 35.80 RCW to address conditions such as those described above that render dwellings, buildings, structures, and premises in the city unfit for human habitation and other uses, as well as to authorize review and decision for applications seeking residential right -of -way use permits within the City. Section 2. Section 11.10.400 of Chapter 11.10 of the City of Yakima Municipal Code is amended to read as follows: 11.10.400 Board hearing on to review notice and order. (1) The board shall be comprised of seven individuals appointed by the city council who represent different aspects of the public as a whole, including local residents, the building industry, the health community, the business community, and the residential rental community, but not more than two from any of these. The members shall be appointed to three -year terms except that initial appointments to the board shall be for staggered terms of either one, two, or three years to optimize the balance of experience among members of the board. The board may adopt and publish such rules of procedure as are necessary or convenient to carry out and effectuate the purposes and provisions of this chapter., and- Chapter 35.80 RCW and those of YMC Chapter 8.20 regarding review and decision - making for residential right -of -way use permits, said review and decision - making to be conducted in accord with the conditions set forth therein. Four members of the board shall constitute a quorum for the transaction of business. Except as otherwise specified by law, a majority vote of the board members present at a meeting shall be required and shall be sufficient to transact any business before the board. The rules of evidence prevailing in courts of law or equity shall not be controlling in hearings before the board. At its first meeting in October each year, the board shall elect a chair and vice - chair from among its members. (2) Unless, prior to the time fixed in the notice and order for a hearing before the board to • review the notice and order, the property owner has entered into a voluntary correction agreement, or city staff determines that the illegal conditions have been corrected, the (jc)ord /Comm. Rev. Bd. - R -O -W 1 Permits board shall hold a hearing to review the notice and order and to determine the immediate disposition of any illegal conditions existing at the subject property. The hearing will be • canceled if the director approves the completed corrective action at least forty -eight hours before the scheduled hearing, and the director shall provide notice of the satisfactory correction of the illegal conditions to the owner, complainants, and other interested persons, including the county auditor's office in cases in which a notice of the enforcement action has been previously filed. (3) The board shall conduct a hearing pursuant to its adopted rules. The director or his /her designee, the owner, and other parties entitled to be served with the notice and order may participate as parties in the hearing and each party may call witnesses. Any complainant or person affected by the illegal conditions may appear and present evidence. The city shall have the burden of demonstrating by a preponderance of evidence that the Subject Property is unfit for human habitation or other uses and that the required corrective action is reasonable as stated in the notice and order. The director's determination of unfitness and order to correct illegal conditions shall be accorded substantial weight. In the event of a tie vote on a decision, the matter shall be referred on an expedited basis to the City of Yakima hearing examiner for a new hearing and decision within thirty days. In such cases, the hearing examiner's decision shall be equivalent to a decision of the board for-the purposes of any subsequent proceedings under this chapter. Furthermore, the hearing examiner's decision in such cases shall be appealable only to the city council. (4) If the owner or other persons with interest of record fail to appear at the scheduled hearing, the board may confirm the notice and order by finding that the subject property is unfit for human habitation or other uses as determined by the director. The board may further authorize the city to assess costs and administrative fees according to the provisions of this chapter. (5) If, after considering evidence and argument submitted by the director, the owner, the • complainant(s), and other interested parties, the board determines that the subject property is unfit for human habitation or other use, or in the case of applications for residential right -of -way use permits a decision is made to approve or. deny the application, it shall issue a summary of decision according to the provisions of this section. The summary of decision shall be served upon the owner and other persons entitled to notice of the notice and order, and shall be posted in a conspicuous place on the subject property. Specifically regarding applications for residential right -of -way use permits, following consideration of the application the board shall issue a written summary decision approving or denying the application, said decision to include findings and conclusions that address each of the required conditions identified within YMC 8.20 for consideration of residential use permits and serving the decision upon the owner applicant and others entitled to notice, including the Director of Community and Economic Development or his /her designee. TheAII other summariesy of decisions shall state: (a) Findings of fact and conclusions in support of such decision confirming the notice and order; and (b) Either: (1) That the compliance deadline under the notice and order was reasonable and has passed without satisfactory correction of the illegal conditions; or (2) That the compliance deadline under the notice and order should be extended until a date certain by which time the illegal conditions must be corrected; (c) The city's costs and administrative fees which, as of the date of the hearing, have been incurred as a consequence of the illegal conditions, and that such costs and fees shall be charged to the owner and shall be specially assessed and shall constitute a lien against the real property if they are not paid timely. • (jc)ord /Comm. Rev. Bd. - R -O -W 2 Permits (d) That if the owner or party in interest, following exhaustion of his /her rights to appeal, • fails to comply with the notice and order as confirmed by the board, the city may, directly or by a private contractor, correct the illegal conditions, and that the costs incurred by the city for such correction, including administrative fees as authorized by this chapter shall be charged to the owner and shall be specially assessed and shall constitute a lien against the real property if they are not paid timely. (6) The summary of decision shall state that the owner is entitled to appeal the board's decision to either the city council or to the hearing examiner within thirty days and, unless he or she does appeal or correct the illegal conditions, the city shall have the power, without further notice or proceedings, to vacate and secure the subject property and to do any act required of the owner in the notice and order, and to charge costs and administrative fees incurred to correct the illegal conditions to the owner and assess them against the property. (7) The director shall serve the owner and other parties entitled to be served with the notice and order, a copy of the summary of the board's decision by certified mail, within five working days following the hearing, and shall post the summary of decision at the subject property. (8) If no appeal is filed, a copy of the summary of decision shall be filed with the auditor of Yakima County and the notice and order shall be final. Section 3. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance is declared invalid or unconstitutional for any reason, such decision shall not affect the validity of the remaining portions of this ordinance. Section 4. This ordinance shall be in full force and effect 30 days after its passage, approval, and publication as provided by law and by the City Charter. • PASSED BY THE CITY COUNCIL, signed and approved this 5th day of May, 2009. ATTEST: David Edler, Mayor City Clerk Publication Date: Effective Date: (jc)ord /Comm. Rev. Bd. - R -O -W 3 Permits