HomeMy WebLinkAboutOrd 2397 - Assessment Roll Hearings and AppealCity of Tukwila
Washington
Ordinance No. 2397
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, AMENDING ORDINANCE NO. 322
TO ADOPT REGULATIONS RELATING TO ASSESSMENT ROLL
HEARINGS AND APPEAL, TO BE CODIFIED AT TUKWILA
MUNICIPAL CODE SECTION 13.04.095; PROVIDING FOR
SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, RCW 35.44.070 requires that recommendations of the Hearing
Examiner on a local improvement district assessment roll be appealable, by property
owners who protested his or her assessment, to the City Council; and
WHEREAS, Tukwila Municipal Code Chapter 13.04 did not contain a process for
administering such appeals;
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. Ordinance No. 322 Amended. Ordinance No. 322 is hereby amended
to adopt new regulations to be codified at Tukwila Municipal Code Section 13.04.095,
"Assessment Roll — Hearing and Appeal," as follows:
Section 13.04.095 Assessment Roll — Hearing and Appeal
At the time fixed for hearing on the assessment roll and at the times to which such hearing
may be continued, the City's Hearing Examiner shall consider all objections timely filed
with the City Clerk pursuant to RCW 35.44.080, following which the Hearing Examiner
shall make recommendations that the City Council correct, revise, raise, lower, change or
modify the roll or any part thereof, or set aside the roll and order the assessment to be
made de novo, or that the Council adopt or correct the roll or take other action on the roll.
The City Council shall adopt or reject the recommendation of the Hearing Examiner at a
public meeting; provided, that any person who shall have challenged his or her
assessment before the Examiner, may appeal the recommendation of the Hearing
Examiner to the City Council by filing written notice of such appeal with the City Clerk
within 10 calendar days of the date of mailing of the Hearing Examiner's recommendation.
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The appeal shall be upon the record made before the Hearing Examiner, based on a
preponderance of evidence standard and shall be considered by the Council at a public
meeting in accordance with the City Council's rules of procedure. Confirmation of the roll
shall be by ordinance.
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 LI 14 day of r g r , 2013.
ATTEST /AUTHENTICATED:
Christy y, , City C -r
APPROVED AS TO FORM BY:
st O'Fla ert
MMC,
Office of the City Attorney
Filed with the City Clerk: -41)--6
Passed by the City Council: -U4 —13
Published: 9 - L
Effective Date: `3 — / a -- /
Ordinance Number: 9' 7
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City of Tukwila Public Notice of Ordinance Adoption for Ordinances 2397 -2398.
On March 4, 2013 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 2397: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, AMENDING ORDINANCE NO. 322 TO ADOPT
REGULATIONS RELATING TO ASSESSMENT ROLL HEARINGS AND APPEAL, TO
BE CODIFIED AT TUKWILA MUNICIPAL CODE SECTION 13.04.095; PROVIDING FOR
SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE.
Ordinance 2398: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, REPEALING ORDINANCE NOS. 614, 1215 AND 1562,
THEREBY ELIMINATING TUKWILA MUNICIPAL CODE CHAPTER 3.04,
"ADVANCE TRAVEL EXPENSE REVOLVING FUND "; PROVIDING FOR
SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE.
The full text of these ordinances will be provided upon request.
Christy O'Flaherty, MMC, City Clerk
Published Seattle Times: March 7, 2013