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HomeMy WebLinkAboutOrd 2651 - Appeals of Animal Control Authority (Repealed by Ord 2698)City of Tukwila Washington Cover page to Ordinance 2651 The full text of the ordinance follows this cover page. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING ORDINANCE NO. 2466 §4 (PART), AS CODIFIED AT TUKWILA MUNICIPAL CODE SECTIONS 7.12.260 AND 7.12.270, TO REFLECT CHANGES MADE WITHIN THE KING COUNTY CODE RELATED TO APPEALS OF ANIMAL CONTROL AUTHORITY; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. Ordinance 2651 was amended or repealed by the following ordinances. REPEALED Section(s) Repealed Repealed by Ord # 2698 City of Tukwi*ld Washington Ordinance No. 2- (6 6 1 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING ORDINANCE NO. 2466 §4 (PART), AS CODIFIED AT TUKWILA MUNICIPAL CODE SECTIONS 7.12.260 AND 7.12.270, TO REFLECT CHANGES MADE WITHIN THE KING COUNTY CODE RELATED TO APPEALS OF ANIMAL CONTROL AUTHORITY; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City of Tukwila has entered into an Interlocal Agreement with King County Animal Services; and WHEREAS, pursuant to the Tukwila Municipal Code and the Interlocal Agreement, King County is authorized to hear appeals related to the enforcement of rules, regulations, and violations established by the Tukwila Municipal Code; and WHEREAS, King County has amended its code to now designate the King County Hearing Examiner as the hearing body with jurisdiction over such appeals; and WHEREAS, it is necessary to amend the Tukwila Municipal Code to reflect the changes made within the King County Code vesting jurisdiction with the King County Hearing Examiner and to align with the Hearing Examiner's procedures; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. TMC Section 7.12.260, subparagraph B, Amended. Ordinance No. 2466 §4 (part), as codified at Tukwila Municipal Code (TMC) Section 7.12.260, "Violations — notice and order," subparagraph 7.12.260.B.6.a, is hereby amended to read as follows: CC:Legislative DevelopmentAnimal Control appeals amended 2-18-21 VC:bjs Review and analysis by Barbara Saxton Page 1 of 3 a I : 6 Statements advising: a. that a person having a legal interest in the animal may appeal from the notice of violation and order or any action of the manager of the Regional Animal Services Section to the King County Hearing Examiner, but only if the appeal is made in writing as provided by this chapter and filed with the manager of the Regional Animal Services Section within 24 days from the service of the notice of violation and order; and Section 2. TMC Section 7.12.270 Amended. Ordinance No. 2466 §4 (part), as codified at TMC Section 7.12.270, "Appeals," is hereby amended to read as follows: A. The King County Hearing Examiner is designated to hear appeals by parties aggrieved by actions of the manager of the Regional Animal Services Section under this chapter. The Hearing Examiner may adopt reasonable rules or regulations for conducting its business. Copies of all rules and regulations adopted by the Hearing Examiner shall be delivered to the manager of the Regional Animal Services Section, who shall make them freely accessible to the public. All decisions and findings of the Hearing Examiner shall be rendered to the appellant in writing with a copy to the manager of the Regional Animal Services Section. B. Any person entitled to service under TMC Section 7.12.260.13 may appeal from any notice and order or any action of the manager of the Regional Animal Services Section under this chapter by filing at the office of the manager of the Regional Animal Services Section within 24 days from the service of the order, a written appeal. The appeal request shall conform to the King County Hearing Examiner rules as established pursuant to TMC Section 7.12.270 and King County Code Section 11.04.270. Appeals shall be processed in accordance with the King County Hearing Examiner rules as they are now adopted or hereafter amended. Section 3. Corrections by City Clerk or Code Reviser Authorized. 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. MILegislative Development\Animal Control appeals amended 2-18-21 VC:bjs Review and analysis by Barbara Saxton Page 2 of 3 PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Special Meeting thereof this Z26 day of 2021. ATTEST/AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk Allan Ekberg, M C Office of the City Attorney Filed with the City Clerk: 2-11-21 Passed by the City Council: — Z'- ZZ- Zi Published: 2- 2 5 - Z I Effective Date: 3 - z - Z I Ordinance Number: 96 61 CCIegislative Development\Animal Control appeals amended 2-18-21 VC:bjs Review and analysis by Barbara Saxton Page 3 of 3 City of Tukwila Public Notice of Ordinance Adoption for Ord in an ces2651. On February 22, 2021 the City Council of the City of Tukwila, Washington, adopted the following ordinance, the main points of which are summarized by title as follows: Ordinance 2651: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING ORDINANCE NO. 2466 §4 (PART), AS CODIFIED AT TUKWILA MUNICIPAL CODE SECTIONS 7.12.260 AND 7.12.270, TO REFLECTCHANGES MADE WITHIN THE KING COUNTY CODE RELATED TO APPEALS OF ANIMAL CONTROL AUTHORITY; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. The full text of this ordinancewill be provided upon request. Christy O'Flaherty, MMC, City Clerk Published Seattle Times: February 25, 2021