HomeMy WebLinkAboutOrd 2353 - Modify Definition of Crisis Diversion FacilitiesCover page to Ordinance 2353
The full text of the ordinance follows this cover page.
Ordinance2353was amended or repealedby the following ordinances.
AMENDEDREPEALED
Section(s) AmendedAmended by Ord#Section(s) RepealedRepealed by Ord#
1235322741
23327-16, 20-312500
1, 19, 22
3267817, 18, 192443
13-18, 20, 21, 23-25,
2368
27, 28, 30, 31
27, 28, 29
2335
31
2479
City of Tukwila
Washington
Ordinance No. D35
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, REPEALING ORDINANCE NO. 2332;
AMENDING ORDINANCE NO. 2287, AS CODIFIED IN TUKWILA
MUNICIPAL CODE CHAPTER 18.06, TO MODIFY THE DEFINITION
OF CRISIS DIVERSION FACILITIES; PROVIDING FOR
SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, on May, 17, 2010, following considerable public input and a
recommendation from the City's Planning Commission, the Tukwila City Council
adopted Ordinance No. 2287, which provided definitions of Diversion Facilities and
Diversion Interim Services Facilities and permitted such uses within portions of the
Commercial /Light Industrial zone; and
WHEREAS, Ordinance No. 2287 became effective on May 25, 2010; and
WHEREAS, on January 4, 2011, the Central Puget Sound Growth Management
Hearings Board ( "the Board ") invalidated Ordinance No. 2287 based on the Board's
belief that the ordinance did not comply with the Washington State Growth Management
Act; and
WHEREAS, the City promptly filed an appeal of the Board's decision to King
County Superior Court seeking review under the Administrative Procedures Act; and
WHEREAS, while the City's appeal of the Board's order was pending and in order
to respond to the Board's order of invalidity, the City Council adopted Ordinance No.
2332, which expanded the geographical area for Diversion and Diversion Interim
Services Facilities; and
WHEREAS, in order to meet the compliance date specified by the Board the City
was forced to declare an emergency and adopted the ordinance without the level of
public participation and outreach typically provided such issues; and
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WHEREAS, on Friday, September 16, 2011, the Honorable Judge Jay White
considered the City's appeal of the Board's decision and found that the Board engaged
in an unlawful procedure and the Board's decision was an erroneous interpretation
and /or application of law and was not supported by substantial evidence, and Judge
White reversed the Board's decision in its entirety, including its finding of invalidity; and
WHEREAS, as a result of the decision by King County Superior Court, Ordinance
No. 2287 remains a valid ordinance and Ordinance No. 2332 is not necessary to comply
with the Growth Management Act; and
WHEREAS, as part of the adoption of Ordinance No. 2332, the City Council was
briefed regarding changes to State law with respect to Diversion Facilities and the
Council used the adoption of Ordinance No. 2332 as an opportunity to amend and
update the definition of Diversion Facilities;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. Repealer. Ordinance No. 2332, adopted by the City Council on May 2,
2011, is hereby repealed in its entirety.
Section 2. Definition Amended. Ordinance No. 2287 §1, as codified in Tukwila
Municipal Code Chapter 18.06, is amended to read as follows:
"Diversion facility" is a facility that provides community crisis services, which diverts
people from jails, hospitals or other treatment options due to mental illness or chemical
dependency, including those facilities that are considered "Triage facilities" under RCW
71.05.020 (43) and those facilities licensed as crisis stabilization units by the State of
Washington.
Section 3. Corrections by City Clerk or Code Reviser. Upon approval of the
City Attorney, the City Clerk and the code reviser are authorized to make necessary
corrections to this ordinance, including the correction of clerical errors; references to
other local, state or federal laws, codes, rules, or regulations; or ordinance numbering
and section /subsection numbering.
Section 4. Severability. If any section, subsection, paragraph, sentence, clause or
phrase of this ordinance or its application to any person or situation should be held to be
invalid or unconstitutional for any reason by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of the
remaining portions of this ordinance or its application to any other person or situation.
Section 5. Effective Date. This ordinance or a summary thereof shall be published
in the official newspaper of the City, and shall take effect and be in full force five days
after passage and publication as provided by law.
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PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at
a Regular Meeting thereof this '7 0 4 day of W 0 V Q ,rbQ 2011.
ATTEST /AUTHENTICATED:
r /o
Christy O'Flah6dy, CMC, City Cle% Hagger jl ayor
APPROVED AS TO BY: Filed with the City Clerk: f 1 -c.- I I
Passed by the City Council: 11- I 1
Published: C( I
Effective Date:
Shell". Kers,1AA, City Attorney Ordinance Number:
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City of Tukwila Public Notice of Ordinance Adoption for Ordinances 2353 -2357.
On November 7, 2011 the City Council of the City of Tukwila, Washington, adopted the
following ordinances the main points of which are summarized by title as follows:
Ordinance 2353: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, REPEALING ORDINANCE NO. 2332; AMENDING
ORDINANCE NO. 2287, AS CODIFIED IN TUKWILA MUNICIPAL CODE CHAPTER
18.06, TO MODIFY THE DEFINITION OF CRISIS DIVERSION FACILITIES,
PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE.
Ordinance 2354: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, REVISING THE CITY LIMITS TO INCLUDE A HALF
STREET RIGHT -OF -WAY FOR 53 AVENUE SOUTH THAT CURRENTLY RESIDES
IN UNINCORPORATED KING COUNTY; PROVIDING FOR SEVERABILITY; AND
ESTABLISHING AN EFFECTIVE DATE.
Ordinance 2355: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, AMENDING VARIOUS ORDINANCES AS CODIFIED IN
TUKWILA MUNICIPAL CODE TITLE 5, "BUSINESS LICENSES AND REGULATIONS,'
TO UPDATE THE ISSUING DEPARTMENT; REPEALING VARIOUS ORDINANCES
AS CODIFIED AT TUKWILA MUNICIPAL CODE CHAPTER 5.32, "TRAILER PARKS;"
PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE.
Ordinance 2356: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, AMENDING ORDINANCE NOS. 2333 AND 2315, AS
CODIFIED IN TUKWILA MUNICIPAL CODE (TMC) CHAPTER 5.04, "LICENSES
GENERALLY," TO REVISE AND MOVE PARTS OF TMC CHAPTER 5.62 INTO
CHAPTER 5.04 TO CREATE A SIMPLIFIED COMBINED BUSINESS LICENSE FEE
STRUCTURE, AND TO EXEMPT QUALIFIED COURT INTERPRETERS FROM THE
COMBINED BUSINESS LICENSE FEE; REPEALING ORDINANCE NO. 2297 AND
ORDINANCE NO. 2333 §10, §11 AND §12, THEREBY ELIMINATING TMC CHAPTER
5.62; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE.
Ordinance 2357: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, AMENDING TUKWILA MUNICIPAL CODE CHAPTER 2.05
TO FIX THE AMOUNT OF COMPENSATION AT THE CURRENT LEVEL (2011) FOR
COUNCILMEMBERS THROUGH 2015; REPEALING ORDINANCE NO. 2192;
PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE.
The full text of these ordinances will be provided upon request.
Christy O'Flaherty, CMC, City Clerk
Published Seattle Times: November 10, 2011