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BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STAT EM ENT
Item No. 4.
For Meeting of: July 27, 2021
ITEM TITLE: Vacant Building Registry and Standards
SUBMITTED BY: Sara Watkins, City Attorney
SUMMARY EXPLANATION:
City Council requested that staff bring back to Council information regarding a vacant building
registry and maintenance standards for the downtown business areas. Attached please find the
documents previously submitted in 2019 which proposed a vacant building registry and standards
for the Central Business District.
Attached please find:
1)A timeline of the previous process;
2) The memo provided to the Economic Development Committee in 2019 regarding vacant
building registries; and
3) The proposed ordinance from 2019 which was never approved by City Council.
ITEM BUDGETED:
STRATEGIC PRIORITY: Economic Development
APPROVED FOR SUBMITTAL BY THE CITY MANAGER
RECOMMENDATION:
Staff has no recommendation.
ATTACHMENTS:
Description Upload Date Type
D Memo-Timeline&Summary re Vacant Bldg Registry-7-
15-20217/15/2021 Coer Memo
U Memo-Vacant Bldg Ordinances-11-5-2018 7/15/2021 Backup Material
U Proposed Ordinance re YMC 11.49[Drafted 2019] 7/15/2021 Backup Material
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Office of the City Attorney
City of Yakima
MEMORANDUM
July 15, 2021
TO: Honorable Mayor and Members of the City Council
Robert Harrison, City Manager
FROM: Sara Watkins, City Attorney
SUBJECT: Timeline and Summary Regarding Vacant Building Registry Proposal
You have requested that information be brought to Council regarding the previously-discussed
vacant building registry and maintenance of downtown properties. This timeline provides the
background information as to how this issue originally developed, and is for your information.
October 2018 (Economic Development Committee): The Economic Development Committee,
and in particular Holly Cousens, requested information on whether the City could charge property
owners for having their property vacant. Councilmember Cousens heard of jurisdictions doing
this at an AWC conference and was interested in how it worked. In response, staff provided a
memorandum on vacant building ordinances, and in particular, Spokane's ordinance.
The main point of the memo was that the committee members and council need to formulate a
policy decision on this issue:
What does the City want to accomplish by passing a vacant building registry ordinance?
Is the primary goal to increase revenue or to get unused buildings back into production
(either as housing units or commercial space)?
Should the ordinance focus on commercial or residential?
Is it the goal to put the properties into productive use?
200 South Third Street,rd Fl. I Yakima,WA 98901
P:509.575.6030 I F:509.575.6160
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Honorable Mayor and Members of the City Council
Robert Harrison, City Manager
July 15, 2021
Page 2
November 2018 (Economic Development Committee): Ana Cortez put the main points of the
memo into a shorter power point and memo for the Council. The information was provided in the
November packet, but was not discussed because the meeting went long.
January, 2019 (Economic Development Committee): Discussed the ordinance possibilities,
but did not have an ordinance ready. Staff provided a chart that showed various jurisdictions'
ordinances, how they differ and how they are similar for reference.
Committee members discussed both commercial and residential options, but focused most of
their discussion on Everett's ordinance, which addresses only commercial properties in the
commercial core of the city.
The Committee requested that staff come back with some additional information on fees and after
speaking with YCDA and DAY. Staff spoke with Jonathon Smith of YCDA about a proposed
commercial vacant building registry by telephone on or about February 26th. Most of the
discussion focused on how to balance the desire to get these properties back in business, without
penalizing the building owners who have little control over the economy.
February, 2019 (Economic Development Committee): According to meeting minutes, Andrew
Holt of DAY indicated that DAY would be creating a list of the vacant downtown buildings that
hopefully could be updated. This was outside of the ordinance itself, but an important piece of
the comprehensive goals to decrease vacancies downtown. The Committee decided to have a
working meeting that they would set up themselves, and after that they wanted to set up a broader
meeting.
May 2, 2019 (Economic Development Committee): Went over the goals outlined by the
Committee members for the ordinance (see above). Moved, seconded and approved to bring the
discussion to full council for consideration.
May 7, 2019 (Full Council): Directed staff to provide a draft ordinance for a vacant building
registry for the Central Business District.
May 23, 2019 (Economic Development Committee): First presentation of draft ordinance
language, which borrows heavily from the City of Everett ordinance. Committee members had
questions about the fee structure.
May 22, 2019 & June 18, 2019: Staff met with Jonathan Smith and Andrew Holt (YCDA and
DAY respectively) regarding the language of the proposed ordinance and their thoughts on the
registry and exemptions to the fee.
June 27, 2019 (Economic Development Committee): Discussed fee structure and what the
City could charge as a fee for the registry. Also discussed the fact that separating the registry
and increased maintenance requirements would take away the funding source for additional code
enforcement activities, as there may be a need for another employee or contract to ensure
maintenance requirements are met. Discussed talking to business owners.
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Honorable Mayor and Members of the City Council
Robert Harrison, City Manager
July 15, 2021
Page 3
August 1, 2019 (Economic Development Committee). No discussion as the DAY meeting is
next week.
August 6,2019(DAY Membership Meeting): Councilmember White and Sara Watkins attended
the Downtown Association of Yakima general membership meeting to go over the proposed
ordinance language and answer questions. The ordinance was not well received by business
owners/renters and they felt, generally, that the City should address maintenance standards in
other manners.
August 22, 2019 (Economic Development Committee): Report provided to the Committee
including the response from DAY members to the proposed ordinance. Decided that Jason White
would let the City Council know the feedback from DAY about the proposed ordinance, and give
a report. There was no motion to approve the ordinance for full council consideration.
September 3, 2019 (City Council Meeting): Jason White gave his report, including information
about DAY meeting, and then moved to have the ordinance brought forward to Council (even
though he said he didn't agree with it). He mentioned an alternative to the ordinance regarding
maintenance code amendments. That was never requested to be drafted by either the EDC or
the full Council. It seems this is more for discussion rather than to pass the ordinance.
September 17, 2019 (City Council Meeting): The proposed ordinance was discussed. Council
moved that they discuss minimum maintenance standards at an upcoming study session.
November 12, 2019 (Study Session): Council received information regarding abandoned and
dangerous vacant buildings in the City. There was discussion of the International Property
Maintenance Code as a method to address building standards. Council directed staff to bring
back a draft ordinance with relevant parts of the International Property Maintenance Code.
September 15, 2020 (City Council Meeting): Staff presented a PowerPoint on the proposed
adoption of the International Property Maintenance Code and amendments thereto. Council
rescheduled the matter to January of 2021.
February 2, 2021 (City Council Meeting): Staff presented a PowerPoint presentation on the
proposed adoption of the International Property Maintenance Code and amendments thereto.
The matter was rescheduled to February 16, 2021.
February 16, 2021 (City Council Meeting): City Council passed the International Property
Maintenance Code and repealed Yakima Municipal Code 11.48: Minimum Standards for Vacant
Buildings. The IPMC went into effect 30 days after publication.
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MEMORANDUM
TO: Economic Development Committee Chair and Members
FROM: Sara Watkins, Senior Assistant City Attorney
DATE: November 5, 2018
SUBJ: Vacant building ordinances
Dear Economic Development Committee:
During your budget meetings you asked for additional information about vacant building registry
ordinances. This memo provides an initial look at possible policy decisions surrounding such
ordinances and provides a chart with four ordinances in the state of Washington, as well as a
comparison with a recently passed state statute that also addresses abandoned homes.
1. Your Policy Decision
Before enacting a vacant building registry ordinance you may wish to determine what problem
you are seeking to solve by enacting the ordinance. For example, some of the registry
ordinances only cover commercial properties, in the hope that it will spur economic development
and, while buildings are vacant, require them to have art in the windows so that the commercial
areas of the city look vibrant. Other registries only cover residential property that is in
foreclosure and require that the properties be secured and not become nuisances. None of the
registry ordinances require that the residential or commercial properties be put into productive
use (i.e. put on the market or rented to new tenants or owners).
Some questions that you may wish to answer before determining what ordinance will seek to
address your concerns are as follows:
a. What does the City want to accomplish by passing this ordinance?
b. Is the primary goal to increase revenue to the City?
c. Should the ordinance address commercial and/or residential properties?
d. Is a goal to put properties into productive use?
Cities are addressing vacant and abandoned buildings in a number of ways, one of which is
through vacant building ordinances. It will be important for Council to provide information to
staff to guide the drafting of the policy to make sure it satisfies the Council's goals. There may
be other strategies, in addition to or in lieu of, a vacant building registry that could also be
evaluated during this discussion.
The City Council recently approved, as part of the budget process, funds to start the Clean City
Campaign. That strategy may address some of the concerns councilmembers have with vacant
and abandoned property-garbage and refuse issues, overgrown vegetation, and unsecured
premises that are locations for squatters. Since the City Council has already approved that
strategy, one option would be to hold off on a vacant building registry to see how successful the
Clean City Campaign is in addressing the policy issues of the Council regarding blighted
properties.
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Another policy question to be discussed in the event the City Council determines to move
forward with such an ordinance is how the ordinance is going to be administered and managed.
In house administration may require additional staffing in the code compliance division for tasks
such as searching public records for information about banks, contacting banks to educate them
about the new ordinance, sending letters demanding the yearly fee payments, and monitoring
the properties throughout the year. Contracting out administration (which some cities do-see
Spokane summary below) will require payment to a third party to administer and manage the
program, lessening the revenue to the City and also dictating, in part, the yearly fee per property
(to make sure that the program is self-sufficient). These are questions that can be addressed
more in depth if necessary.
2. Questions Answered
I was provided the following questions from Assistant City Manager Cortez, for which I provide
you answers:
a. Can we legally impose a monthly fee for buildings?
Yes, but note that other cities charge a yearly fee rather than a monthly fee to be placed on the
vacant building registry. This is probably because it is easier to administer with one fee per
year.
b. Can we do such for abandoned homes?
Yes, cities primarily use a vacant building registry for homes that are in the foreclosure process.
The registry provides contact information with the bank and a person who can address
nuisances that arise when vacant homes sit for long periods of time (such as weed growth,
garbage, and squatters).
c. What legislative mechanism would be needed to do so?
The City Council would need to adopt an ordinance that creates and outlines the administration
of a vacant building registry. That ordinance language would depend on the policy objectives of
the City Council.
d. Who is doing something like this in Washington?
Attached please find a chart with a comparison of the following cities' vacant building registry
ordinances: Spokane, Everett, Bremerton, and Auburn.
e. Can we require a "business license"for all properties (commercial and
residential) so that we can better track vacancy?
A vacant building registry would provide contact information and a list of addresses/properties
that are vacant. The registry could have a fee associated with it, which would cover the costs of
creation and administration of the registry, as well as the costs of code enforcement officers
who will ultimately have to address properties when owners still refuse to abate nuisances.
Under the City's business license code, a person must be "engaging in business" before they
are required to obtain a business license. "Engaging in business" means commencing,
conducting, or continuing in any business, and also the exercise of corporate or franchise
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powers, as well as liquidating a business when the liquidators hold themselves out to the public
as conducting such business. Owning property does not constitute "engaging in business." As
such, the City cannot require a business license for properties.
f. Can we use waivers for such license-for example if you allow a non-profit to
use your vacant building for 20 days per month your monthly fee is waived.
There is nothing that would preclude such a provision in a vacant building registry ordinance
that pertains to commercial properties (I wouldn't think that such a provision would pertain to
residential properties). Everett's ordinance requires, without a fee waiver, art or window
displays to be placed in windows of vacant commercial property where the property is vacant
over 30 days.
3. Summary of Spokane's Ordinance
To get an idea of the practical workings of such an ordinance, I contacted the City of Spokane to
ask some questions about their ordinance. Spokane's vacant building registry ordinance only
covers residential properties that are currently in foreclosure. It requires that properties that are
in foreclosure (residential) register and pay a $350.00 yearly fee. The City contracts with a third
party vendor (Community Champions) to maintain the registry and database of contact
information. The City also contracts with a third party to monitor the properties on the registry
with monthly site visits, photographs and reports of conditions. This inspector can upload
information in an app directly to Community Champions and the City. If there are nuisance
conditions, a City code enforcement officer will go to the property to confirm the nuisance and
contact Community Champions which then contacts the lender/mortgage company of the
property in foreclosure to abate the nuisance.
Nuisances are not always abated, so there are times where the property still must follow the
code compliance process or RCW 7.100 process to abate nuisances, which requires code
enforcement officer time.
I contacted Spokane regarding the fee structure to see how it worked. Of the $350.00, $100.00
of the fee goes directly to Community Champions to cover the costs of the registry and
database work. The site inspector charges approximately $10.00 per month per property to
monitor the properties and provide updated conditions. So approximately$120.00 of the fee
goes to the site inspector. That leaves $130.00 per property per year going to the City.
Spokane currently has approximately 450 homes on the registry.
The registry does not cover commercial buildings, or vacant buildings that are not at some point
in the foreclosure process. As such, not every abandoned or vacant building must register and
pay the fee.
The City has strategies to address blighted properties in addition to the registry, including the
use of a legal procedure called receivership to bring vacant and abandoned residential
properties back into product use. I can provide additional information on this legal proceeding if
the Council desires.
4. Conclusion
Staff looks forward to receiving direction from the Council with regards to the policy issues set
forth herein, and is available to answer questions from the Council and Committee.
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ORDINANCE NO. 2019-
AN ORDINANCE adding Yakima Municipal Code Chapter 11.49 Minimum Standards and
Maintenance of Vacant Commercial Space in the Central Business
District
WHEREAS, maintaining a clean and inviting downtown core is important for residents,
visitors and those looking to start or relocate a business to downtown Yakima; and
WHEREAS, there have been instances where businesses have closed and have not
been maintained, causing an eyesore downtown; and
WHEREAS, to enhance economic development downtown, including to increase
occupancy in businesses and provide a welcoming downtown, a higher standard of
maintenance should be required for downtown commercial businesses; and
WHEREAS, to make sure that the City is aware of vacant commercial buildings in the
Central Business District, and therefore can monitor the condition of those buildings the
ordinance proposes a vacant building registry to be operated by the City and funded by owners
of commercial buildings that are vacant; and
WHEREAS, the City Council of the City of Yakima finds it is in the best interest of the
City and its residents to enact the ordinance; now, therefore,
BE IT ORDAINED BY THE CITY OF YAKIMA:
Section 1. Chapter 11.49 entitled "Minimum Standards and Maintenance of Vacant
Commercial Space in the Central Business District" is added as a new Chapter to the Yakima
Municipal Code and reads as follows:
11.49 Minimum standards and maintenance of vacant commercial space in the central
business district.
11.49.010 Scope
11.49.020 Administration
11.49.025 Compliance with YMC 11.48
11.49.030 Definitions
11.49.040 General minimum maintenance requirements
11.49.050 Vacant commercial space registration
11.49.060 Window displays for commercial spaces not occupied for thirty days
11.49.070 Fees for vacant commercial space registration
11.49.080 Exemptions
11.49.090 Delinquent registration fees-Collection
11.49.100 Duty to amend registration statement
11.49.110 Inspections
11.49.120 Enforcement
11.49.130 Annual Report
11.49.010 Scope.
The provisions of this chapter apply to all structures in the Central Business District, unless
otherwise stated. All responsible persons shall comply with the requirements of this chapter.
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11.49.020 Administration
This chapter will be administered by the code administration manager or their designee, who
may adopt administrative rules and regulations consistent with its terms. The codes
administration manager (and their designee), code inspectors, or code compliance officers are
authorized to enforce this chapter.
11.49.025 Compliance with YMC 11.48
All buildings subject to this chapter shall also comply with the requirements of Yakima Municipal
Code section 11.48 as now exists or is hereafter amended.
11.29.030 Definitions
For purposes of this chapter:
"Central business district" means the central business district, or CBD, zone in the city of
Yakima as defined by the Yakima Urban Area Zoning Ordinance, Title 15 YMC.
"City" means the city of Yakima, its officers, employees and agents.
"Commercial space" means any portion of a structure in the central business district zone that is
not intended for residential use. Each distinct space in multi-unit building is considered a
separate commercial space for purposes of this chapter.
"Occupied" means a permitted nonresidential use physically located and lawfully operating in
the space for at least three consecutive months.
"Responsible person" means any person, firm, association, corporation or any agent thereof,
owning, leasing, renting or having lawful possession of a structure in the central business
district.
"Vacant commercial space" means any portion of a street-level commercial space that, on or
after January 1, 2020, is not occupied and has not been occupied during the preceding ninety
days.
11.49.040 General minimum maintenance requirements.
All responsible persons shall perform the following with respect to each commercial space they
own, lease, rent or lawfully possess:
a. Maintain all exterior surfaces, including, but not limited to doors, windows, door and
window frames, cornices, porches, trim, balconies, decks, and fences, in good
condition.
b. Protect exterior wood surfaces, other than decay-resistant woods, from the element
sand decay with paint or other protective covering or treatment. If protection of the
surface is compromised, restore adequate protection within fourteen calendar days
or other time period approved in advance by the code administration manager; for
example, remove peeling, flaking or chipped paint and repaint the compromised
surface.
c. Cause all siding and masonry joints and joints between the building envelope and
the perimeter of windows, doors, and skylights to be weather-resistant and
watertight.
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d. Coat all metal surfaces subject to rust or corrosion, except those designed to be
stabilized by oxidation, to inhibit rust or corrosion, after first stabilizing any existing
rust and corrosion. Remove oxidation stains from exterior surfaces.
e. Maintain all exterior walls free from dirt, grime, holes, breaks, graffiti, and loose or
decaying materials. Weatherproof and properly coat the surface of all exterior walls
when required to prevent deterioration.
f. Maintain the roof and flashing of all structures so that they are sound, tight, free of
defects, do not attract pests or create a public nuisance. Maintain adequate roof
drainage, maintain roof drains, gutters, and downspouts in good repair and free from
obstructions.
g. Broken windows or doors shall be replaced. No windows or doors may be boarded
up with plywood, wood, cardboard, or other material for more than five (5) business
days while the responsible person is waiting for the windows or doors to be replaced.
11.49.050 Vacant commercial space registration
a. At least one responsible person for each vacant commercial space must register
that space with the city within ten (10) calendar days of the date the space becomes
vacant, as that term is defined in Section 11.49.030.
b. A space will considered to be registered on the date the city receives, on a form
provided by the code administration manager and properly completed and signed by
a responsible person, the following information:
1. The street address and parcel number of the vacant commercial space;
2. The name, address, daytime and evening telephone numbers of each
responsible person for the vacant commercial space, including, but not limited to
the owner and tenant;
3. The period of time the vacant commercial space is expected to remain vacant;
and
4. Any other information requested by the code administration manager for the
administration of this chapter.
c. A responsible person must renew the registration for each vacant commercial space
on or before January 1st of each year that the space remains vacant. A responsible
person must submit the renewal application to the city on forms provided by the
code administration manager.
d. Upon satisfactory proof to the code administration manager that the vacant
commercial space is occupied as defined in Section 11.49.030, the vacant
commercial space will be unregistered. Proof of physical occupation may include,
but is not limited to, usable furniture, office equipment, retail inventory or other
equipment and inventory in the space that are consistent with the unit's intended
use, and persons regularly present at and using the space for its intended use.
Proof of physical occupancy must also include documentation, which may include,
but is not limited to, a current executed lease agreement, paid utility receipts
reflecting payments for three consecutive months from the month the space is
occupied, or valid state and local business licenses, federal income tax or business
and occupation tax statements indicating the subject space is the official business
address of the person or business claiming occupancy.
e. The determination of the number of vacant commercial spaces a structure contains
will be at the reasonable discretion of the code administration manager, who may
take into account the number of unique spaces within a structure, the number of tax
assessor parcel numbers associated with the structure, or the previous use of the
structure.
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11.49.060 Window displays for commercial spaces not occupied for thirty days.
When commercial space is unoccupied for more than thirty days, a responsible person must
take steps to avoid adverse impacts on the neighborhood and create an attractive streetscape
by applying at least one of the following measures to all ground floor windows that face
sidewalks, streets, or public open space:
a. Paint windows with visually appealing scenes depicting or suggesting business or
cultural activities;
b. Display works of art or provide other displays of cultural or educational value, using
background panels or other methods to screen views from the street of the
unoccupied space; or
c. Other measures consistent with these examples approved by the code
administration manager.
11.49.070 Fee for vacant commercial space registration.
a. At least one responsible person shall pay an annual registration fee of Five Hundred
Dollars ($500.00) for each vacant commercial space in the central business district
at the time the space is registered and on January 1st of each year that the space
remains vacant.
b. The fee is intended to defray the costs of administering this section, and may be
amended by the City Council to meet the costs.
11.49.080 Exemptions.
a. The fee required in section 11.49.070 shall not be required if the following conditions
are met:
1. The space meets all applicable codes and regulations that apply to a permitted
nonresidential use, and the responsible person is actively attempting to sell,
lease, or rent the property (which is evidenced, in part, by appropriate signage at
the space visible to the public); and
2. The space complies with section 11.49.060; and
3. There are no nuisance activities on the property; and
4. The sidewalks are consistently cleaned and cleared of debris, snow, leaves and
garbage.
b. The fee required in section 11.49.070 shall not be required if the space is the subject
of a current, valid building permit for repair or rehabilitation and the responsible
person provides proof, such as receipts, invoices or executed contracts, that the
repair or rehabilitation is proceeding without significant delay.
c. The fee required in section 11.49.070 shall not be required if the space is located on
property which is the subject of a land use application for redevelopment for which
approval has been granted, but building permits have yet to be issued.
d. Even if the vacant commercial space is exempt from payment of the fee outlined in
section 11.49.070, the responsible person shall register the vacant commercial
space with the city pursuant to section 11.49.050.
11.49.090 Delinquent registration fees-collection.
If a responsible person fails to pay the registration fee by the due date, the city is authorized to
take action to collect the registration fee, including, but not limited to, enforcement as provided
by section 11.49.120, filing civil actions or turning the matter over to collection, in which case
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costs incurred by the city as a result of the collection process will be assessed to the
responsible person or responsible persons in addition to the registration fee.
11.49.100 Duty to amend registration statement.
Responsible persons for any registered vacant commercial space shall advise the building
official, in writing, of any changes to the information on the registration form within thirty days of
the occurrence of the change.
11.49.110 Inspections.
In addition to inspection rights pursuant to Yakima Municipal Code Section 11.48, the code
administration manager and their designees, code enforcement officers, building inspectors, or
any combination thereof, are authorized to conduct inspections to enforce the provisions of this
chapter.
11.49.120 Enforcement.
a. Enforcement of the provisions of this chapter will be performed in accordance with
Chapter 11.10.
b. No responsible person may violate or fail to comply with any provisions of this
chapter. Each responsible person commits a separate offense for each and every
day they commit, continue or permit a violation of any provision of this chapter.
c. All responsible persons for a commercial space are jointly and severally responsible
with respect to that commercial space for compliance with the provisions of this
chapter and or any payments that they may be required to make to the city under
this chapter. If the commercial space is subject to a lease, the city shall have
discretion to determine whether to enforce this chapter against a commercial space
owner, the tenant, or both of them, but the city shall consider in this determination
whether the lease provides that the compliance with this chapter is the responsibility
of the commercial space owner or the tenant.
11.49.120 Annual report.
The code administration manager will make a report once each year, if requested by the City
Council, on the status of the vacant commercial space registration program. If no request is
made by the City Council, the code administration manager will draft a summary report of the
program for the City Manager on or before June 30th of every odd year on the status of the
vacant commercial space registration program.
Section 2. Severability. If any section, subsection, paragraph, sentence or clause of
this ordinance is declared invalid or unconstitutional for any reason, such decision shall not
affect the validity or constitutionality of the remaining portions of the ordinance.
Section 3. 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 17th day of September,
2019.
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ATTEST: Kathy Coffey, Mayor
Sonya Claar Tee, City Clerk
Publication Date:
Effective Date:
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