HomeMy WebLinkAboutReg 2012-05-07 Item 6B.5 - Ordinance - Correct Outdated Zoning DesignationCity
Washington
Ordinance No.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, AMENDING ORDINANCE NO. 1837 §2 (PART), AS
CODIFIED AT TUKWILA MUNICIPAL CODE SECTION 8.28.180, TO
CORRECT AN OUTDATED ZONING DESIGNATION; PROVIDING FOR
SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the "Landscape Maintenance" section of Tukwila Municipal Code
Chapter 8.28, "Nuisances," references an outdated zoning designation and the City
wishes to correct the inaccurate reference; 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. 1837 §2 (part), as codified at
Tukwila Municipal Code Section 8.28.180, "Landscape Maintenance," is hereby
amended to read as follows
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In addition to the foregoing, it constitutes a nuisance for anyone to fail to maintain
landscaping, including but not limited to lawns, shrubs, trees and other plantings,
whether of native growth or domestic vegetation in commercial, manufacturing or
industrial, or multiple dwelling residential areas of the City; and it is a nuisance to fail to
maintain any landscaping as designated in the landscaping and maintenance plan
required before occupancy.
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.
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 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:
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