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HomeMy WebLinkAboutCAP 2012-04-09 Item 2A - Ordinance - TMC Chapter 8.45AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING ORDINANCE NO. 1838 §2 (PART), AS CODIFIED AT TUKWILA MUNICIPAL CODE SECTION 8.45.030, SUBPARAGRAPH E, TO CORRECT OUTDATED SECTION REFERENCES; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the "Violations" section of Tukwila Municipal Code Chapter 8.45, "Enforcement," references various outdated sections of the Tukwila Municipal Code and the City wishes to correct the inaccurate references; and WHEREAS, on January 11, 2012, the City's State Environmental Policy Act (SEPA) Responsible Official issued a Determination of Non Significance on the proposed amendments; and WHEREAS, on January 26, 2012, the Tukwila Planning Commission, following adequate public notice, held a public hearing to receive testimony concerning amending the Tukwila Municipal Code and continued the hearing to February 23, 2012, and at that meeting adopted a motion recommending the proposed changes; and WHEREAS, on April 2, 2012, the City was informed by the Washington State Department of Commerce that it had met the Growth Management Act notice requirements under RCW 36.70A.106; and WHEREAS, on April 23, 2012, the Tukwila City Council, following adequate public notice, held a public hearing to receive testimony concerning the recommendations of the Planning Commission; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Ordinance Amended. Ordinance No. 1838 §2 (part), as codified at Tukwila Municipal Code Section 8.45.030, "Violations," subparagraph E, is hereby amended to read as follows: W: Word Processing \Ordinances\DCD Housekeeping -TMC 8.45.030 strike -thru 3 -30 -12 MD:bjs Page 1 of 3 &11 E. It is unlawful to: 1. Maintain, allow, permit or fail to prevent a nuisance as defined in TMC Chapter 8.28 or as defined throughout the Tukwila Municipal Code; and 2. Fail to comply with any applicable provisions of the Tukwila Municipal Code, including, but not limited to, the regulations and requirements found in the following chapters of the Tukwila Municipal Code, as now in effect or as may be amended hereafter: rd I Chapter 5.04 Licenses Generally 8.22 Noise 9.32 Abandoned and Junked Motor Title "Business Licenses and Requlations" "Public Peace. Morals and Safetv" "Vehicles and Traffic" "Vehicles and Traffic" "Water and Sewers" "Water and Sewers" "Buildings and Construction" "Buildings and Construction" "Buildings and Construction" "Buildings and Construction" "Subdivisions and Plats" "Sign and Visual Communication Code" Section 2. 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. W: Word Processing \OrdinancesOCD Housekeeping -TMC 8.45.030 strike -thru 3 -30 -12 MD:bjs Page 2 of 3 Vehicles 9.44 Commute Trip Reduction Plan and Proqram Requirements 14.06 Backflow Prevention Assemblies 14.16 Sewer Charqes 16.04 Buildinqs and Construction 16.16 International Fire Code 16.52 Flood Plain Manaqement 16.54 Gradinq 17.28 Exceptions, Penalties, Severabilitv, Liabilitv 19.12 Permits Title "Business Licenses and Requlations" "Public Peace. Morals and Safetv" "Vehicles and Traffic" "Vehicles and Traffic" "Water and Sewers" "Water and Sewers" "Buildings and Construction" "Buildings and Construction" "Buildings and Construction" "Buildings and Construction" "Subdivisions and Plats" "Sign and Visual Communication Code" Section 2. 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. W: Word Processing \OrdinancesOCD Housekeeping -TMC 8.45.030 strike -thru 3 -30 -12 MD:bjs Page 2 of 3 Section 3. 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 4. 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. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of 1 2012. ATTEST /AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk APPROVED AS TO FORM BY: Shelley M. Kerslake, City Attorney Jim Haggerton, Mayor Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: W: Word Processing \Ordinances\DCD Housekeeping -TMC 8.45.030 strike -thru 3 -30 -12 MD:bjs Page 3 of 3 97