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HomeMy WebLinkAboutOrd 2738 - Amend Ordinances Related to Noise Variances / Notice of Violation and OrderOr in nee „ Washington. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, VVASHINGTON, AMENDING ORDINANCE NOS. 2293 §13 AND 2676 §1, AS CODIFIED AT TUKWILA MUNICIPAL CODE (TMC) SECTION 8.22.120; AMENDING ORDINANCE NO. 2547 §12, AS CODIFIED AT TMC SECTION 8.45.070; TO REMOVE AMBIGUITIES, CODIFY INTERNAL POLICIES, AND REFLECT CHANGES IN STATE LAW, PROVIDING FOR SEVERABILITY; AND ESTAz LISHING AN EFFECTIVE DATE, WHEREAS, in 2023, the Washington State Legisiature adopted Senate Bill 5290 ("SB 5290"),, which made changes to the land use permitting process; and WHEREAS, certain sections of Chapter 8 of the Tukwila Municipal Code (TMC) need to be updated and brought into compliance with SB 5290 and WHEREAS, there are also certain ambiguities and policies in the TMC that need to be revised and updated: and WHEREAS, the City Council finds that the amendments herein further the public Ihealth, safety, and welfare of the residents of Tukwila. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASH' GTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Adoption of Findings of Fact. The City Council hereby adopts the foregoing recitals and incorporates them herein as support for these a endments„ Section 2. TMC Section 8.22.120 Amended. Ordinance Nos, 2293 §13 and 2,676 §1, as codified at TMC Section 8,22,120,, "Variances," is hereby amended to read as follows: A. Any person who owns or operates a sound -producing source may apply for a variance. B. Applications for Noise Variances for 30 days or less shall be processed as Type 1 decisions, subject to the provisions found at TMC Chapter 18,104, 2024 LegisNatNom Title 8 amendments Versiom 0117/24 Staff: N. Goor Page 1 of 5 C. Applications for Noise Variances in excess of 30 days shall be processed as Type 3 decisions, subject to the provisions found at TMC Chapter 18.104, D. No variance in the provisions or requirements of this chapter shall be authorized by the ad inistrator unless the administrator finds that all of the following facts and conditions exist: 1. There are exceptional or extraordinary circumstances or conditions applying to the appellant's property or as to the intended use thereof that do not apply generally to other properties in the same noise control district; 2. Such variance is necessary for the preservation and enjoyment of a substantial personal or property right of the appellant, such right being possessed by the owners of other properties in the same noise control district, 3. The authorization of such variance does not endanger public health or safety of named persons in the same or adjacent noise control districts; 4. The granting of such variance will not adversely affect the general policy and purpose of this act as set forth in TMC Section 8 22 010. E. In authorizing a variance, the administrator may attach thereto such conditions regarding noise level, duration, type and other considerations as the administrator may deem necessary to carry out the policy and purpose of this chapter. The variance permit shall enumerate the conditions of the variance, including but not limited to: 1; Specific dates and times for which the variance is valid; 2. Additional mitigation measures or public notice requirements as determined by the administrator 3. If the notice of application is for a sound generating event that does not start within thirty days of the notice, the applicant shall provide written notice to all residents within 500 feet of the project including all residents of multi -family complexes. Written notice shall be provided between ten and thirty days of the onset of activity and shall enumerate the anticipated work schedule for the length of the project. An affidavit of distribution shall be provided to the City. F. In establishing conditions on granting a variance, the administrator shall consider: 1 Whether the public health, safety or welfare is impacted; 2. The social and economic value of the activity for which the variance is sought, 3. The ability of the applicant to apply best practical noise control measures; 4. Physical conditions that create a significant financial hardship in complying with the provisions of this chapter; and 5. Any comments received during public notice or public meeting, if provided, and comment or lack of comment received during similar noise generating events in the past. 2024 Legislation: Tille 8 amendments Version: 10/1 7/24 Staff: 1 Goor Page 2 of 5 G. The variance permit may be revoked by the administrator and the issuance of future variance pen nits withheld, if there is. 1. Violation of one or more conditions of the variance permit; 2. Material misrepresentation of fact in the variance application; or 3. Material change in any of the circumstances relied upon by the administrator in granting the variance, Section 3. TMC Section 8.45.070 Amended. Ordinance No. 2547 §12, as codified at TMC Section 845.070, "Notice of Violation and Order," is hereby amended to read as follows: A. Notice of Violation and Order: For all other civil violations of the Tukwila Municipal Code, upon the Code Enforcement Officer determining that a violation of the TMC exists, the Code Enforcement Officer may serve a Notice of Violation and Order upon the person(s) responsible for the condition, The Notice of Violation and Order shall contain the following information: 1. A citation to the standard, code provision or requirement violated, along with a description of the specific violation present; 2. The corrective action, if any, that is necessary to comply with the standard, code provision or requirement; 3. The date by which the corrective action(s) shall be competed by the person(s) responsible (compliance date"); and 4. An explanation of the appeal process and the specific information required to file an appeal. B. Service of a Notice of Violation and Order. Service of a notice of violation and order issued pursuant to this chapter shall be made using one of the following Imethods: 1. Personal service is accomplished by (a) handing the document to the person subject thereto or (b) leaving it at their last known dwelling house or usual place of abode with a person of suitable age and discretion then residing therein or (c) leaving it at their office or place of employment with a person in charge thereof. Personal service is complete i mediately upon completion of the action specified above, 2. Service by posting is accomplished by affixing a copy of the document in a conspicuous place on the subject property sr structure, or as near to the affected property or structure as feasible, with at least one copy of such document placed at an entryway to the property or structure if an entryway exists. Service by posting is complete immediately upon completion of the action specified above, 3. Service by mail is accomplished by placing the document in first-class mail, postage prepaid, to the last known address of the person to whom the document is directed, The last known address shall be any of the following, (a) address provided to the City by the person to whom the document is directed; (b) the address on file with the City at the time the docu ent is mailed; (c) the address of the property where the violation is occurring; or 2024 Logisiationi 'Title 8 amordrinents Version: 10117124 Staff II. Glory Page 3 of 5 (d) the address shown on the official property tax information website for King County, Washington State Department of Licensing, or Washington Secretary of State Office. Service by mail shall be deemed complete two days following the date of mailing. 4. Overnight service is accoinplished by placing the document, delivery prepaid, with an overnight service bearing a delivery address listed in subsection (B)(3) of this section. Overnight service shall be deemed complete the following day. 5. Service by publication is acco plished by publishing the document pursuant to RCW 4.28.100 and 4.28.110, as now or hereafter amended. Service by publication shall be deemed complete upon final publication as set forth in RCW 4.28.110. C. Proof of Service: Proof of service may be made by written affidavit or declaration under penalty of perjury by the person effecting service, declaring the time, date and manner thereof, If service is made solely by posting or publication, proof of service shall include a statement as to what steps were used in attempting to serve personally or by mail The City shall take and retain a photograph of the document if service is made by posting. No additional proof of service beyond the requirements in this chapter shall be required by the hearing examiner or other entity. Any failure of the person to whom a document is directed to observe a document served by posting or publication shall not invalidate service nor the document so served. D. AMENDMENT: A Nstice of Violation and Order may be amended at any time in order to 1. Correct clerical errors, or 2. Cite additional authority for a stated violation, E. ORDER BECOMES FINAL UNLESS APPEALED: Unless an appeal is filed with the Code Enforcement Officer for hearing before the Hearing Examiner in accordance with TMC Section 8.45.110, the Notice of Violation and Order shall become the final administrative order of the Code Enforcement Officer. F. RECORDING: A copy of the notice may be filed and recorded with the King County Recorder, Section 4. 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 5. 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 his ordinance or its application to any other person or situation. 2024 Legialation: Title 8 amendments Version 10/1'7/24 Staff: 1 Gloor Page ,4 of 5 Soction 6. Effoctivo 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 (5) days after passage and publication as provided by law. PASSED BY 'THE CITY COUNCIL OF THE CITY 0,F TUKWILA, WASHING —ON, at a Regular Meetingi thereof this 141'k day of te/V , 2,024. ATTEST/AUTHENTICATED. Andy Youn, City Clerk APPROVED AS TO FORM BY: Office of the City Attorney Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: 2024 1 gisiation Title 8 amendments Version 10/17/24 Staff: IGieor Page 5 of 5 City of Tukwila Public Notice of Ordinance Adoption for Ordinances 2738 - 2744. On October 21, 2024, 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 2738: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING ORDINANCE NOS. 2293 §13 AND 2676 §1, AS CODIFIED AT TUKWILA MUNICIPAL CODE (TMC) SECTION 8.22.120; AMENDING ORDINANCE NO., 2547 §12, AS CODIFIED AT TMC SECTION 8.45.070; TO REMOVE AMBIGUITIES, CODIFY INTERNAL POLICIES, AND REFLECT CHANGES IN STATE LAW; PROVIDING FOR. SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. Ordinance 2739: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING ORDIIINANCE NO, 2171 §1 (PART), AS CODIFIED AT TUKWILA MUNICIPAL CODE (TMC) SECTION 16.04.040; AMENDING ORDINANCE NOS. 2171 §1 (PART), 2648 §4, 2673 §11, AND 2702 §4, AS CODIFIED AT TMC SECTION 16.04.250; TO REMOVE AMBIGUITIES, CODIFY INTERNAL POLICIES AND REFLECT CHANGES IN STATE LAW; PROVI ING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. Ordinance 2740: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, W'ASHIINGTON, REPEALING VARIOUS ORDINANCES AS CODIFIED IN TUKWILA MUNICIPAL CODE (TMC) TITLE 17, "SUBDIVISIONS AND PLATS"; REENACTING TITLE 17; TO REMOVE AMBIGUITIES, IMPROVE CLARITY, CODIFY INTERNAL POLICIES, AND REFLECT CHANGES IN STATE LAW; PROVIDING FOR SEVERABILITY; AND ESTA': LISHING AN EFFECTIVE DATE. Ordinance 2741: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, REPEALING VARIOUS ORDINANCES AS CODIFIED IN TUKWILA. MUNICIPAL CODE (TMC) TITLE 18, "ZONING"; REENACTING TITLE 18; TO REMOVE AMBIGUITIES, IMPROVE CLARITY, CODIFY INTERNAL POLICIES, AND REFLECT CHANGES IN STATE LAW; PROVIDING FOR SERVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. Ordinance 2742: AN ORDINANCE OF [HE CI fY COUNCIL OF THE CI I OF 1 UKWILA, WASHING -ION, REPEALING VARIOUS ORDINANCES AS CODIFIED IN-TUKWILA MUNICIPAL CODE (TMC) TIRE 19, "SIGN AND VISUAL COMMUNICATION CODE; REENACTING TITLE 19; TO REMOVE AMBIGUITIES, IMPROVE CLARITY, CODIFY INTERNAL POLICIES, AND REFLECT CHANGES IN STATE LAW; PROVIDING FOR SEVERA:ILITY, AND ESTABLISHING AN EFFECTIVE DATE. Ordinance 2743: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGT©N, AMENDING ORDINANCE NOS. 1331 §19, 1344 §10, 1770 §84, AND 2374 §1, AS CODIFIED AT TUKWILA MUNICIPAL CODE (TMC) SECTION 21.04.210; TO REMOVE AMBIGUITIES, CODIFY INTERNAL POLICIES AND REFLECT CHANGES IN STATE LAW; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. Ordinance 2744: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTOIN, REZONING CERTAIN REAL PROPERTY LOCATED AT 6250 S. 151ST STREET, TUKWIILA, FROM LOW DENSITY RESIDENTIAL (LDR) TO MEDIUM DENSITY RESIDENTIAL (MDR); PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. The full text of these ordinances will be provided upon requr Andy You n, Records Governance Manager/City Clerk Published Seattle Times: October 24, 2024