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BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 4.J.
For Meeting of: March 16, 2021
ITEM TITLE: Ordinance amending Yakima Municipal Code 1.43.080 addressing
the duties and powers of the Hearing Examiner
SUBMITTED BY: Joan Davenport,AI CP, Community Development Director
Glenn Denman, Code Administration Manager
SUMMARY EXPLANATION:
With the 2/16/2021 adoption of the International Property Maintenance Code (I PMC), the I PMC
references the City of Yakima's contracted Hearing Examiner(YMC Chapter 1.43) as the one
who will hear appeals related to property maintenance cases. The proposed amendment to
Chapter 1.43 expands the utilization of the Hearing Examiner to not only hear land use and other
type cases, but to also hear those property maintenance cases as well. The contract that the City
of Yakima holds with the Hearing Examiner already includes such reviews.
ITEM BUDGETED:
STRATEGIC PRIORITY:
APPROVED FOR SUBMITTAL BY THE CITY MANAGER
RECOMMENDATION:
Pass ordinance
ATTACHMENTS:
Description Upload Date Type
121 rdinance 3/4/2021 Ordinance
ordinance N_ r dline 3/4/ 0 1 ordinance
2
ORDINANCE NO. 2021-
AN ORDINANCE amending Yakima Municipal Code Section 1.43.080 addressing the
powers of the Hearing Examiner
WHEREAS, the City Council of the City of Yakima hereby finds and determines that it is
in the best interests of the City of Yakima and its residents to amend YMC 1.43.080 regarding the
Hearing Examiner's duties and powers, and such amendment will promote the general health,
safety and welfare; now, therefore
BE IT ORDAINED BY THE CITY OF YAKIMA:
Section 1. Section 1.43.080 Duties and Powers of the City of Yakima Municipal Code is
hereby amended to read as follows:
1.43.080 Duties and powers.
The examiner shall hear, make a record of, and decide matters provided in this chapter or
by other ordinances, including but not limited to the following land use matters:
A. Matters prescribed by the Yakima urban area zoning ordinance, Title 15 of this code.
Decisions of the examiner on such matters shall have the legal effect as set forth in the
provisions of said ordinance;
B. Review of preliminary plats and modifications thereto using the procedures and
provisions for review by the planning commission as set forth in RCW Chapter 58.17 and
the city of Yakima subdivision ordinance, Title 14 of this code. The decisions of the
examiner on such matters shall constitute recommendations to the city council;
C. Preliminary plat extension requests pursuant to RCW 58.17.140 and city of Yakima
subdivision ordinance, Title 14 of this code. Decisions of the examiner on such matters
shall constitute final decisions unless appealed to the council pursuant to the provisions
of Title 16 of the Yakima Municipal Code;
D. Plat vacations or amendments pursuant to RCW Chapter 58.11, 58.12, or 58.17.
Decisions of the examiner on such matters shall constitute final decisions unless
appealed to the council under the provisions of Title 16 of the Yakima Municipal Code;
E. Pedestrian skybridge applications in the manner set forth in YMC 11.65.040(F) and
pedestrian skybridge permit violations as set out in YMC 11.65.070;
F. The examiner may conduct hearings required pursuant to RCW Chapter 43.21 C, State
Environmental Policy Act (SEPA), and Chapter 6.88 YMC at the request of the city
responsible official charged with responsibility for holding such a hearing; provided, that
the substantive SEPA decision and the decision on the associated action shall be made
by the responsible official;
G. The examiner may, at the request of the city shoreline administrator, receive and
examine available information, conduct public hearings and prepare records and reports
thereof, and issue recommendations to the council based upon findings and conclusions
3
on applications for shoreline substantial development permits and conditional use
permits;
H. Conduct public hearings on petitions and resolutions to vacate streets and public rights-
of-way pursuant to RCW Chapter 35.79. Decisions of the examiner on such matters
shall constitute a recommendation to the city council.
I. Conduct hearings appealing administrative decisions as outlined in YMC Chapter 11.40;
J. Take any other action as allowed by statute, law or ordinance, and as agreed to between
the city and the Hearing Examiner.
The provisions of this section designating and assigning to the hearing examiner the duties
and functions listed above shall supersede any and all conflicting provisions of the municipal
code of the city of Yakima. (Ord. 2018-047 § 1 (Exh. B) (part), 2018: Ord. 2016-028 § 2,
2016; Ord. 2013-033 § 1 (Exh. A), 2013: Ord. 93-91 § 1, 1993: Ord. 3257 § 1, 1990: Ord.
3224 § 1, 1989: Ord. 2948 § 1 (part), 1986).
Section 2. 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 16'h day of March, 2021.
ATTEST: Patricia Byers, Mayor
Sonya Claar Tee, City Clerk
Publication Date:
Effective Date:
4
ORDINANCE NO. 2021-
AN ORDINANCE amending Yakima Municipal Code Section 1.43.080 addressing the
powers of the Hearing Examiner
WHEREAS, the City Council of the City of Yakima hereby finds and determines that it is
in the best interests of the City of Yakima and its residents to amend YMC 1.43.080 regarding the
Hearing Examiner's duties and powers, and such amendment will promote the general health,
safety and welfare; now, therefore
BE IT ORDAINED BY THE CITY OF YAKIMA:
Section 1. Section 1.43.080 Duties and Powers of the City of Yakima Municipal Code is
hereby amended to read as follows:
1.43.080 Duties and powers.
The examiner shall hear, make a record of, and decide matters provided in this chapter or
by other ordinances, including but not limited to the following land use matters:
A. Matters prescribed by the Yakima urban area zoning ordinance, Title 15 of this code.
Decisions of the examiner on such matters shall have the legal effect as set forth in the
provisions of said ordinance;
B. Review of preliminary plats and modifications thereto using the procedures and
provisions for review by the planning commission as set forth in RCW Chapter 58.17 and
the city of Yakima subdivision ordinance, Title 14 of this code. The decisions of the
examiner on such matters shall constitute recommendations to the city council;
C. Preliminary plat extension requests pursuant to RCW 58.17.140 and city of Yakima
subdivision ordinance, Title 14 of this code. Decisions of the examiner on such matters
shall constitute final decisions unless appealed to the council pursuant to the provisions
of Title 16 of the Yakima Municipal Code;
D. Plat vacations or amendments pursuant to RCW Chapter 58.11, 58.12, or 58.17.
Decisions of the examiner on such matters shall constitute final decisions unless
appealed to the council under the provisions of Title 16 of the Yakima Municipal Code;
E. Pedestrian skybridge applications in the manner set forth in YMC 11.65.040(F) and
pedestrian skybridge permit violations as set out in YMC 11.65.070;
F. The examiner may conduct hearings required pursuant to RCW Chapter 43.21C, State
Environmental Policy Act (SEPA), and Chapter 6.88 YMC at the request of the city
responsible official charged with responsibility for holding such a hearing; provided, that
the substantive SEPA decision and the decision on the associated action shall be made
by the responsible official;
G. The examiner may, at the request of the city shoreline administrator, receive and
examine available information, conduct public hearings and prepare records and reports
thereof, and issue recommendations to the council based upon findings and conclusions
5
on applications for shoreline substantial development permits and conditional use
permits;
H_Conduct public hearings on petitions and resolutions to vacate streets and public rights-
of-way pursuant to RCW Chapter 35.79. Decisions of the examiner on such matters
shall constitute a recommendation to the city council.
I. Conduct hearings appealing administrative decisions as outlined in YMC Chapter 11 .40;
1J. Take any other action as allowed by statute, law or ordinance, and as agreed to
between the city and the Hearing Examiner.
The provisions of this section designating and assigning to the hearing examiner the duties
and functions listed above shall supersede any and all conflicting provisions of the municipal
code of the city of Yakima. (Ord. 2018-047 § 1 (Exh. B) (part), 2018: Ord. 2016-028 § 2,
2016; Ord. 2013-033 § 1 (Exh. A), 2013: Ord. 93-91 § 1, 1993: Ord. 3257 § 1, 1990: Ord.
3224 § 1, 1989: Ord. 2948 § 1 (part), 1986).
Section 2. 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 16th day of March, 2021.
ATTEST: Patricia Byers, Mayor
Sonya Claar Tee, City Clerk
Publication Date:
Effective Date: