HomeMy WebLinkAbout01-11-2010 - Agenda PacketMEDINA, WASHINGTON
CITY COUNCIL AGENDA
MEDINA CITY HALL COUNCIL CHAMBERS
MONDAY, JANUARY 11, 2010
6:30 PM
COUNCIL MEMBERS
CITY MANAGER
PATRICK BOYD
DONNA HANSON
DOUG DICHARRY
BRET JORDAN
CITY ATTORNEY
JANIE LEE
STEVE VICTOR
MARK NELSON
KATIE PHELPS
CITY CLERK
SHAWN WHITNEY
RACHEL BAKER
CALL TO ORDER 6:30PM
ROLL CALL
PLEDGE OF ALLEGIANCE 6:30 PM
ADMINISTRATION OF OATHS OF OFFICE
TO NEWLY ELECTED CITY COUNCIL MEMBERS
ELECTION OF MAYOR
ELECTION OF DEPUTY MAYOR
APPROVAL OF MEETING AGENDA
PUBLIC COMMENTS
At this time, citizens may address the City Council regarding any issue on the council agenda and any
non -agenda items related to city business, excluding public hearings. To ensure equal opportunity for the
public to comment, a speaker's comments shall be limited to three minutes per person, per meeting.
Those who have service requests or complaints are encouraged to first bring such matters to the city
manager for prompt attention and resolution.
Council meetings are business meetings where City Council may hear from residents and take action on
official City business. In order to accomplish all the business on the agenda and be respectful of
everyone's time, Council Members will not be able to engage in dialogue with individual members of the
audience.
Medina City Hall • 501 Evergreen Point Road • Medina WA 98039
425-233-6400 phone• 425-454-8490 fax • www.medina-�va.gov
REPORTS AND ANNOUNCEMENTS
RA-1: Mayor
RA-2: Council
RA-3: City Manager/Staff (pages 1 to 31)
a. State Route 520 Update (Willis)
b. 2009 Accomplishments (Hanson)
CONSENT AGENDA
These items will be acted upon as a whole unless called upon by a council member.
CA-1: Approval of December 14, 2009 City Council Regular Meeting Minutes (pp 32-35)
CA-2: Approval of January 5, 2010 City Council Special Meeting Minutes (pg 36)
CA-3: Approval of December 2009 Checks/Finance Director's Report (pp 37 103)
Claim check numbers 76063 through 76203 in the amount of $294,163.11 and payroll
check numbers 25908 through 25991 in the amount of $251,483.24. Voided AP checks
are 76099 and 76100 for the purpose of AP check form orders. Voided payroll checks
are 25932 and 25933 for the purpose of payroll check form orders. Cancelled AP
checks are 75836 in the amount of $45.50 and 75915 in the amount of $269.60.
CA-4: Shoreline Master Program Update - Draft Public Participation Plan (pp 104-124)
CA-5: Approval of City Hall Schematic Plans (pp 125-134)
CA-6: Approval of Public Works Truck and Snow Removal Equipment Purchase (pp 135-136)
OTHER BUSINESS
OB-1: 2010 City Council Retreat and Meeting Schedule (pp 137 138)
Recommendation: Discussion.
OB-2: 2010 Draft Legislative Agenda (pp 139-147)
Recommendation: Discussion.
OB-3: 2010 Council Committees (pg 148)
Recommendation: Discussion.
OB-4: Briefing on Proposals for Wireless Communication Coverage in Medina and SR 520 (pp 149-152)
Recommendation: Discussion.
OB-5: Draft Code Enforcement Ordinance (pp 153-218)
Recommendation: Schedule public hearing.
EXECUTIVE SESSION
ES-1: Pursuant to RCW 42.30.110 (1)(i) to discuss with legal counsel representing the
agency litigation or potential litigation to which the agency, the governing body,
or a member acting in an official capacity is, or is likely to become, a party.
ES-2: Pursuant to RCW 42.30.110 (1)(g) to review the performance of a public employee.
ADJOURNMENT
Next Regular Meeting - Monday, February 8, 2010; 6:30 pm.
Medina City Council January 11, 2010 Page 2 of 2
Date January 11, 2010
To: Mayor and City Council
From: Donna Hanson, City Manager
Subject: City Manager Report
1. Our community giving tree and food drive benefiting Childhaven and HopeLink were
great. There were over 80 gifts of clothing and toys donated to families sponsored by
Childhaven. Some donated more than one gift, such as, a child asking for new shoes
received two pair, one in a bigger size. We ran out of tags on the tree and had to
request more. City staff donated 25 gifts and $100 in groceries. All of the gifts and
food were delivered by December 23`d. It was great to watch the pile of gifts under the
tree grow during the month of December. We want to thank Pam Greytak for
organizing both events, as well as staff and citizens who donated so generously.
2. The Emergency Response Staff Team met for a four hour training session on
December 29t' to review the Comprehensive Emergency Management Plan and staff
roles and responsibilities during an actual emergency event. The team represents the
city during emergencies and coordinates mitigation, preparedness, response, and
recovery activities. The team includes all directors, building official, Public Works
Superintendent, and the Police Lieutenant. On January 7t' we meet with
representatives from Clyde Hill and Bellevue to discuss our communication and
coordination of services during emergencies. We will be putting together some
strategies with this group as well as working with the Volunteer Emergency
Preparedness Committee and their role before, during and after an emergency event.
3. As we transition to more electronic information to residents through "Govdelivery," we
will be aggressively recruiting households to subscribe. As you recall, this is a "digital
subscription management" system that automatically sends email and wireless alerts
to keep citizens informed when new information is available on topics of interest.
Information can range from newsletters to special events and notices. The subscriber
chooses what information they wish to receive. By moving to an electronic format, we
can provide more information, on more issues, on a timely basis, at a fraction of the
cost of printed material. If Council or anyone reading this subscribes, you can tell your
neighbors and friends how it works. Anyone can set up a personal profile and receive
the information they want. Here's how you subscribe. Go to www.medina-wa.c]ov and
click under "E-Notice Program." Fill in the information requested and you are good to
go. We will also maintain a regular mailing list for those who wish to continue to
receive their newsletter through the regular mail.
4. Included in this packet is a summary of 2009 Accomplishments, which includes most
of our work in 2009. Council completed all agenda items brought forward in 2009.
There were no Council agenda items to carry forward 2010. However, there is much
to do in the new year. I have provided a brief overview of our major work items and
programs that will move forward in 2010.
Page 1 of 218
CITY OF MEDINA
Office of the City Manager
Date ianuai y 11, 2010
To: Mayor and City Council
From: Donna Hanson, City Manager
Subject: Looking Back at 2009/Facts and Figures
This is a brief overview of the work that was accomplished for the City in 2009. It is not
intended to all inclusive, but just a reminder that Council and staff are working hard for
Medina citizens. I also want to thank the staff, Council, and citizens who made me feel
welcome and supported in my first year on the job. We have a great team and we look
forward to working with the new Council in 2010. 1 will also be providing a brief look
ahead at the 2010 workload.
FIRST THE NUMBERS
• 257 permits were issued and 931 inspections were performed
• 4000 calls for police service in Medina and Hunts Point resulting in 42 felony and
63 misdemeanor cases in Medina
• Processed 296 passport applications
• Police responded to 38 complaints of speeding
• 4000 hours spent maintaining 31 acres of city parks
• 38 agenda packets and minutes for park board, planning comm, and city council
• 2300 hours maintaining 14 miles of streets and 16 miles of storm drains
• 1400 hours on parks, streets, sidewalks, storm drains, and building projects
• 300 hours on building maintenance and repairs
• Three residential burglars caught in the act by responding officers
• Processed 35 animal license applications
• Performed approximately 90 notarizations
• Produced five newsletters and five postcard mailings
• Fulfilled approximately 270 public records requests
• Filled 13 board, commission, and staff positions
• Provided over 320 incidents of IT support to various city departments
• Deployed Mobile Communications Center to six other local police agency
emergencies
• Issued 24 E-lerts to 1112 subscribers
0 Issued 38 E-Notices to 573 resident subscribers Page 2 of 218
FACTS ON PROGRESS TOWARD COUNCIL STRATEGIC GOALS
Highway 520: Protect Medina's interests impacted by the SR 520 construction
project Including but not Ilmited to lid design, toiling, transit, park and ride, noise
walls, access to Seattle via 84 and control of land use adjacent to the SR 520 right-
of-way
• Reviewed and responded to a variety of issues such as, the tolling proposal, 84th and
92nd Ave NE ramp configurations, draft technical reports associated with the
Environmental Impact Statement for the bridge replacement, drainage and freeway
stormwater facilities, project impact and mitigation, and draft environmental
assessment documents.
• Staff attended over thirty meetings to receive information and provide input related to
SR520 construction and design features, such as freeway lids and landscaping,
soundwalls, pathway alignments, transit stations, off and on -ramp configurations, Park
& Ride facilities.
• Issued two noise variances for the SR 520 project and currently working on a program
variance
• Issued five demolition permits for the buildings on the WSDOT properties.
• Issued a shoreline interpretation of development related to the tolling equipment
• Provided an in-depth comment letter and follow-up on the Environmental Assessment
for the variable tolling project
• Worked with citizens and city council on the park & ride issues from which the city
council provided some general direction
Local Traffic: Develop a plan and implementation strategies for traffic safety and
calming, which may include more visible entry points into the city, to discourage
speeding and cut -through traffic and encourage safe pedestrian and bicycle access
• Completed a new walkway along Northeast28 Street to provide a safe walkway for
students and residents between Evergreen Point Road and the Three -Points
Elementary School.
• Managed a traffic study for the Northeast 12 Street and Lake Washington Boulevard
corridor to improve vehicle and pedestrian safety. The study included an open house
for residents along the corridor to view proposed improvements and provide their
input. The recommended plan based on comments from the residents, adjoining cities,
and the council was approved for implementation in the 2010 budget.
Page 3 of 218
Public Safety: Reach a full complement of police staff and promote public safety
through policies that support education, emergency preparedness, and effective
and efficient use of technology in order to maintain a safe and secure community
• Attracted three new officers, two are currently in field training and the third will
graduate from the police academy in February. This has rounded out the police
department and brought us up to a full complement.
• Completed Phase I of the Public Safety Surveillance and ALPR Camera System that
provided monitoring cameras at Northeast 12 and 84 and at Northeast 24th and 84th
intersections.
• Successfully transitioned and integrated with the Northeast Regional Communications
Center (NORCOM). We are now part of a larger regional public safety dispatch center
that includes Bellevue, Kirkland, Mercer Island and Clyde Hill.
• Per the MMC 2.84.010, created an emergency response team of directors and staff
who are directly responsible for resources and response during emergencies. The
team will implement the Comprehensive Emergency Management Plan and coordinate
with outside agencies to ensure that resources and direct services will be available in
case of a disaster or emergency.
• During this year, the police department was awarded $25,000 in federal and state
grants for additional camera equipment to enhance our public safety camera system.
• Secured an additional $2,516 through a law enforcement terrorism prevention federal
grant for additional interoperable communications equipment for our mobile
communications center. This brings the total amounts of such grants secured during
this administration in the past five years to over $700,000.
• The police department provided overt and covert traffic emphasis in marked,
unmarked vehicles and bicycle units in addition to the placement of the speed radar
trailer and an unmanned patrol vehicle in an effort to calm traffic speeds.
• In 2009, the Medina police department coordinated the local law enforcement
response in support of an international dignitary visit by the President of Zimbabwe
into our jurisdiction. Additionally, several U.S. Presidential and gubernatorial hopefuls
for upcoming elections attended large events locally. We also assisted in providing
public safety support for the annual Chief Executive Officer (CEO) Summit of the
world's most prominent business personalities at a local resident's home.
• Continued the False Alarm Reduction Program, including training/educational classes
for residents, and fines for excessive alarms. This year, there has been an increase in
false alarms from 204 in 2008 to 279 in 2009.
• Closure of the high profile dog walker theft case with an exceptional three year
sentence for stealing over $100,000 worth of items from various employers.
Page 4 of 218
Facilities and Infrastructure: Develop and implement a capital improvement plan
that identifies needed projects and financing strategies for city hall remodel, public
works shop facilities, park expansion, underground utilities, pedestrian walkways
and trails, and storm water improvements
• Completed the Viewpoint Park Improvement Project that included the construction of a
rockery to provide a widened access walkway to the waterfront park, installation of a
new irrigation service to serve the waterfront park, replacement of the wood stairs with
concrete steps and railing, and renovation of the viewing pier.
• Obtained a $75,000 grant to map the city storm drainage system and incorporate it
into a Geographic Information System (GIS) layer for system analysis and operations
and maintenance scheduling as required by NPDES Phase II permitting. The mapping
project is approximately 90% complete. Obtained a $50,000 grant for completion of the
project in year 2010.
• Provided oversight for the city hall renovation and addition project including:
architectural consultant selection, contract negotiations, and development of
schematic plans. Based on consultant presentations, the city council has endorsed the
project and elected to proceed with the expansion of city hall in year 2010 to provide
needed space to better serve the community and staff.
• Completed the Evergreen Point Road Storm Drainage and Pathway Improvements
from SR 520 to 3400 block.
Land Use: Ensure that Medina's Comprehensive Plan, building and zoning codes
protects the natural suburban environment and the quality and character of the city
through processes that are clear and well understood and serve both owners and
neighbors
• Implemented interlocal agreement with Clyde Hill for shared building official and
building inspection services.
• Held a building plans pickup for citizens for plans that the retention rate has expired.
Approximately 102 properties were listed with building plans available and 40 property
owners picked up their plans.
• City council adopted Ordinance 841 relating to the measurement of height in the R-16
zone.
• Conducted selection process and entered into a new agreement for planning and
landscaping consulting services with Otak.
• Awarded shoreline grant for $125,000 to update the shoreline master program.
Selected "The Watershed Company" and "AHBL Inc." as consultants and began the
update process.
Page 5 of 218
• Completed zoning and permitting study and began working with the planning
commission to update zoning regulations.
• Conducted community survey as part of an early community outreach program for
updating the comprehensive plan.
ADMINSTRATIVE SUPPORT TO THE COUNCIL PRIORITIES
• Advertised and screened proposals for city attorney contract. Conducted interviews
and selected a new city attorney. Provided legal advice on a variety of issues to both
staff and Council.
• Settled major litigation.
• Scanned volumes of city records into Laserfiche.
• Hired an interim finance officer in March and then a finance director in September.
• Established new bank transaction signature and password authorizations that had not
been updated for several years.
• Provided for cross -training, segregation of duties, and more internal controls for
financial transactions.
• Verified appropriate purchase of financial software and began training for the new
director in October. The goal for implementation of the new software is January 2010.
• Closely monitored ongoing 2009 expendituresandbegan early budget review in
September with final adoption of the 2010 annual budget in November as planned in
the budget calendar.
• Completed all training requirements for Washington Cities Insurance Authority
Compact agreement
• Provided assistance to Medina Days committee.
• Reviewed and disposed of development services, finance and city clerk records which
were beyond retention dates.
Page 6 of 218
2009 OUTREACH
• Facilitated three stakeholder groups to gather input from the community about what
was on their minds. Provided the summary and details to council for their March
retreat.
• Held five public hearings related to development of the 2010 budget and capital
improvement plan between June and November 2009.
• The community awareness program E-LERT®, an email system for the timely
dissemination of public safety information to interested residents, continues to be our
most popular service. This program is the first of its kind in the nation and has served
as a model for other programs throughout the country. The name E-LERT ® is a
registered trademark of the city of Medina Police Department.
• Initiated the Medina Volunteers in Police Service (YIPS) program and curriculum
intended to increase public safety and citizen participation in emergency
preparedness. This is fast becoming one of the most popular police department
programs in partnership with our citizens. We currently have over 60 citizens signed
up as volunteers. Three training classes have already been delivered this year.
• Published and mailed public notices for meetings and legal notification regarding
proposed development permits.
• Community input from the mailed newsletter survey led to a migration from a printed
newsletter to an electronic newsletter and electronic notifications starting in 2010.
• Increased variety and volume of records available through the city website, including
city council meeting audio.
• Enhanced communications systems with new telecommunications service provider
and improved phone support by bringing system controller in house.
Page 7 of 218
CITY OF MEDINA
Office of the City Manager
January 11, 2010
To: Mayor and City Council
From: Donna Hanson, City Manager
Subject: Looking Ahead to 2010
This is a brief look ahead at the work planned for 2010 and how that work supports City
Council Strategic Goals. This is not intended to be a comprehensive list and does not
account for the unexpected applications, storms, etc. A major impact on the workload this
year will be the identification and move to temporary offices, management of the city hall
remodel, and move back into this location. With little capacity for work beyond our current
service levels, a project of this scope will be a challenge, albeit welcome and much needed.
Medina City Council Strategic Goals
(no priority order)
Hiahwav 520: Protect Medina's interests impacted by the SR 520 construction
project including but not limited to lid design, tolling, transit, park and ride, noise
walls, access to Seattle via 84th and control of land use adjacent to the 520 right-of-
way
• Respond to WSDOT project information and permitting requests with a view to minimize
negative impacts from the project and maximize benefit to the City.
• Condition permits to preserve City assets and infrastructure, limit disturbance to City
residents, and require full restoration of all impacted areas.
• Negotiate easements and future maintenance agreements to provide a benefit to the
City with the least impact to City resources and budget.
• Identify potential property turn -back areas to improve the areas adjoining the highway by
creating buffers that will require minimal maintenance.
Local Traffic: Develop a plan and implementation strategies for traffic safety and
calming, which may include more visible entry points into the City, to discourage
speeding and cut -through traffic and to encourage safe pedestrian and bicycle
access
• Monitor traffic impacts related to freeway construction and on and off ramp traffic to
reduce waiting times and improve traffic movement while limiting neighborhood cut -
through traffic.
• Implement the recommended improvements developed by the traffic study for the NE
12th Street and Lake Washington Blvd corridor in 2009 to calm traffic and improve
vehicle and pedestrian safety in the corridor. Page 8 of 218
Public Safety: Maintain a full complement of police staff and promote public safety
through policies that support education, emergency preparedness, and effective and
efficient use of technology in order to maintain a safe and secure community
• Continue to focus on E-911 response and providing excellent police services.
• Support and maintain the existing full complement of police staff achieved in 2009.
• Conduct criminal investigations with solvability factors.
• Strive toward reaccreditation.
• Continued crime prevention work thru classes and E-Alert transmissions.
• Respond to traffic complaint zones and code enforcement issues.
• Provide school resource officer presence.
• Address ongoing technology and routine personnel matters.
• The Emergency Response Team will be completing Incident Command System training
and updates to the Comprehensive Emergency Management Plan.
• Continued training and coordination with other emergency management partners, and
staffing the Volunteer Emergency Management Committee.
Land Use: Ensure that Medina's Comprehensive Plan, building and zoning codes
protects the natural suburban environment and the quality and character of the City
through processes that are clear and well understood and serve both owners and
neighbors
• Implement new permit tracking software to provide improved coordination in permit
review and tracking and recovering the costs associated with permit review.
• Change from a billing program for recovering costs for consultant review to a deposit
draw -down program.
• Adopt the 2009 International Building Codes.
• Conduct a selection process and enter into an agreement with a firm to provide
engineering permit review services related to project permits.
• Continue implementing department improvements that make the review process more
predictable. This includes updating forms, checklists and other information sources
related to permits.
• Work with planning commission to update zoning regulations and create a unified
development code.
• Integrate citations into the code enforcement program.
• Conduct public participation outreach for the shoreline master program update and the
comprehensive plan update.
Page 9 of 218
Facilities and Infrastructure: Develop and implement a capital improvement plan that
identifies needed projects and financing strategies for city hall remodel, public works
shop facilities, park expansion, underground utilities, pedestrian walkways and trails,
and storm water improvements
• Locate temporary City Hall facilities that will be adequate for City Staff while maintaining
the present level of service to the community.
• Organize and clean out in preparation for moving all departments to temporary site in
preparation for the remodel on the current site.
• Manage the City Hall renovation and addition project by providing oversight of the
architectural design, bid document preparation, contractor selection and contract award
to stay within the adopted budget.
• Monitor the construction progress, oversee the project work, and provide contract
administration with the goal to deliver the project on time and within budget.
• Continue the City storm drainage system mapping and incorporation into the City
Geographic Information System (GIS) for City department and public use and to improve
system maintenance and operations.
• Provide public education and monitor new construction as required by NPDES Phase II
permitting to limit contaminates in storm water and provide awareness of potential
actions that can negatively impact surface water quality.
• Develop a 6-year capital improvement plan that will identify needed improvements,
prioritize them, and program them for implementation. Continue to apply for local, state,
and federal grants to provide added financial support for needed improvements.
Support Services/Public Outreach
• Continue to improve technology and service to city residents with possible revision of
wireless communications legislation, electronic subscription to city information and
newsletters through Govdelivery. Continue to respond to Public Records Requests.
• Implementation of new financial software, and improved access to a variety of public
records through the city's website.
• Meet with new Council/Finance Committee and discuss financial reporting package
expectations and improvements. Implement a website for development services related
that provides better information for the public.
• Complete personnel guidelines, financial policies, and job description update.
• Communication/roll-out and transition to a twice monthly/or bi-weekly payroll cycle
recommended by state auditor.
• Develop a three to five year financial forecast utilizing King County and State of
Washington Economic Forecast data.
• Archive older financial records and centralize files for HR, Personnel, Payroll, and
Benefits. Establish 2011 Budget process for public input, reviews and approval.
Page 10 of 218
MEDINA POLICE DEPARTMENT
CITY OF MEDINA
MONTHLY SUMMARY
DECEMBER, 2009
Police Chief Jeffrey Chen
FELONY
Fraud (ID Theft) 2009-0003480 12/09/09
7800 block NE 8 h St
Victim reported in the process of a divorce, the suspect accessed into the financial
account without permission. No transfers or withdrawals were shown on the account.
Victim was advised to reset all passwords on all accounts. Informational only.
Theft 2009-0003577 12/15/09
2400 block of 78h Ave
Medina officer responded to a report of theft of a package which the resident reported
placed next to the front door of his home between 8:00 am to 12:00 noon on 12/15/09.
On 12/17/09, the resident went on-line to track the package and there was no record of
the pickup. He contacted UPS and confirmed the driver did not see or pickup the
package. Total estimated loss: $2,500.
Stolen Vehicle (Recovered) 2009-0003658 12/27/09
7800 block of SR 520
Medina officer conducted a records check of a plate while travelling eastbound on SR
520, which showed the vehicle had been reported stolen on 10/21/09 by the Port of
Seattle Police Department. The Medina officer arrested the driver and three passengers
for possession of a stolen vehicle.
Fraud (ID Theft) 2009-0003676 12/29/09
1000 block of 84th Ave NE
Victim reported she was contacted by two credit card companies stating she owed on
several charges made. The victim stated she was unaware of these cards and that
someone unknown had improperly obtained and used her identification to open the two
accounts. The victim contacted the fraud department for both credit card companies and
closed the accounts immediately. Further investigation pending.
MISDEMFWN0R CRIMES
Malicious Mischief 2009-0003506 12/11/09
2500 block of Medina Circle
Medina resident reported that sometime between 6:00 pm on 12/10/09 and 9:00 am on
12/11/09 person(s) unknown broke the lock to the door on his locking metal mailbox.
Nothing was taken. Total estimated damage: $20
Page 11 of 218
OTHER R
Civil Dispute 2009-0003397 12/02/09
1400 block of 80th Ave NE
Property owner came to the station to report person(s) unknown knocked three cement
piers over that he placed on his property 1L*:e. The piers were placed at the location to
close the normally used access to the property where access had been permitted for
approximately 30 years. He was advised to refer to his attorney due to the ongoing civil
actions taking place.
Harassment 2009-0003465 12/07/09
3200 block of Evergreen Point Rd
Medina officer responded to a report of a harassment complaint. The victim reported her
son's computer had been compromised. It was noted the wireless internet connection
was not secure, and the case will be investigated further.
Civil Dispute 2009-0003573 12/17/09
7600 block of NE le Street
Medina officer responded to a report of telephone harassment. The victim stated he was getting
harassing phone calls and text messages approximately once every two -three weeks. The victim
is not threatened as he knows the subject, but concerned the situation might escalate, and wanted
the calls to stop. The victim will be pursuing a no contact order.
Domestic (Verbal) 2009-0003609 12/21/09
3300 block of 78`h Pl NE
Medina officer responded to a verbal domestic, of which one of the subjects left upon arrival.
The subject residing at the home was advised on how to pursue a no contact order.
Page 12 of 218
MEDINA POLICE DEPARTMENT
TOWN OF HUNTS POINT
MONTHLY SUMMARY
DECEMBER, 2009
Police Chief Jeffrey Chen
FELONY CRIMES
No significant felony incidents occurred during December, 2009.
NflSDEMEANTOR CRIMES
No significant misdemeanor incidents occurred during December, 2009.
OTHER
Animal 2009-0003633 12/23/09
8400 block of Hunts Point Lane
A Hunts Point resident reported their dog was attacked by a neighbor's dog earlier that
day and it is an on -going problem. Medina officer contacted the neighbor and they stated
they are willing to pay for any bills associated with the dog bite and. would properly
restrain him from further incident.
Page 13 of 218
MEDINA POLICE DEPARTMENT
Jeffrey Chen, Chief of Police
Monthly Activity Report
City of Medina
2009
Assault, Aggravated
0
0
0
0
Robbery
0
0
0
0
Sexual Assault/Rape
0
0
0
0
Burglary (inc Attempt)
0
11
12
12
Drug Violations
0
0
6
6
Fraud (ID Theft)
2
14
17
17
Vehicle Prowl
0
7
11
11
Theft (over $250)
1
9
6
6
Malicious Mischief
0
6
0
0
Arson
0
0
0
0
Auto Theft (inc Recovery)
1
4
11
11
Poss_Stolen Property
0 _
2
0_
0
Other
0
0
0
0
Assault, Simple
0
2
3
3
Malicious Mischief
1
5
5
5
Vehicle Prowl
0
15
14
14
Theft (Under $250)
0
5
8
8
Domestic Violence
0
4
4
4
Minor in Possession
2
5
5
5
Drug Violations
1
10
16
16
Poss Stolen Property
0
1
0
0
Page 1
Page 14 of 218
MEDINA POLICE DEPARTMENT
Jeffrey Chen, Chief of Police
YEARLY ACTIVITY REPORT
City of Medina
2009
Assault, Aggravated
0
0
0
0
0
0
0
0
0
0
0
0
0
Robbery
0
0
0
0
0
0
0
0
0
0
0
0
0
Sexual Assault/Rape
0
0
0
0
0
0
0
0
0
0
0
0
0
Burglary (inc Attempt,
1
2
2
1
2
1
0
0
1
0
1
0
11
Drug Violations
0
0
0
0
0
0
0
0
0
0
0
0
0
Fraud (ID Theft)
2
0
1
2
0
1
5
0
1
0
0
2
14
Vehicle Prowl
1
0
0
5
0
0
0
1
0
0
0
0
7
Theft (over $250)
0
2
3
2
0
0
0
0
0
0
1
1
9
Malicious Mischief
0
0
1
1
1
0
0
3
0
0
0
0
6
Arson
0
0
0
0
0
0
0
0
0
0
0
0
0
Auto/Boat Theft
0
0
0
2
0
1
0
0
0
0
0
1
4
Poss Stolen Property
1
0
0
0
0
1
0
0
0
0
0
0
2
Other
0
0
0
0
0
0
0
0
0
0
0
0
0
Assault, Simple
1
0
1
0
0
0
0
0
0
0
0
0
2
Malicious Mischief
0
0
0
1
0
1
2
0
0
0
0
1
5
Vehicle Prowl
4
1
0
9
1
0
0
0
0
0
0
0
15
Theft (Under $250)
0
0
1
0
1
1
0
0
0
1
1
0
5
Domestic Violence'
0
0
1
0
0
1
0
0
1
0
1
0
4
Minor in Possession
0
0
0
0
0
0
0
0
3
0
0
2
5
Drug Violations
2
1
2
0
2
0
0
0
1
0
1
1
10
Poss Stolen Property
0
0
0
1
0
0
0
0
0
0
0
0
1
Page 2
Page 15 of 218
MEDINA POLICE DEPARTMENT
Jeffrey Chen, Chief of Police
Monthly Activity Report
City of Medina
2009
Injury 0 0 0 0
Non -Injury 2 11 13 13
Driving Under Influence
8
68
77
77
*Other
23
163
169
169
Speeding 20 136 59 59
Parking_ 7_. 83. 87 87_
**Other 24 274 354 354
House Watch
47
420
391 391
False Alarms
28
361
278 278
Assists
9
342
554 554
Suspicious Circumstances
7
159
183 183
Property-Found/Lost
1
9
16 16
Animal Complaints
1
41
41 41
Missing Person
1
2
2 2
Warrant Arrests
2
63
89 89
***Other
4
9
12 12
�, . .
*DWLS; Fail to Transfer Title; No License
**Expired Tabs; No insurance; Fail to stop; Defective Equipment
***Verbal Domestic; Vandalism; Civil Dispute; Disturbance
Page 3
Page 16 of 218
Driving Under Influence
8
6
3
7
2
4
2
9
9
5
5
8
68
Other
20
18
12
15
11
5
8
21
14
6
10
23
163
Speeding
16
37
8
11
9
2
2
11
6
4
10
20
136
Parlan _
4 g. _
3
9
4_
2_
1
3
10
3Q_
2
8
4
7
.. _
83
Other
32
35
39
22
15
9
12
21
24
20
21
24
274
House Watch
24
41
36
67
23
39
37
35
18
19
34
47
420
False Alarms
22
26
27
31
31
44
39
24
28
30
31
28
361
Assists
50
50
31
51
41
17
20
21
20
16
16
9
342
Suspicious Circumstance
17
20
12
13
15
11
23
11
12
7
11
7
159
Property-Found/Lost
1
1
0
2
1
0
0
1
1
0
1
1
9
Animal Complaints
1
2
5
4
3
5
3
5
4
3
5
1
41
Missing Person
0
0
0
0
0
0
0
0
0
0
1
1
2
Warrant Arrests
6
8
4
7
4
4
1
10
3
5
9
2
63
Other
0
2
0
0
0
0
2
0
1
0
0
4
9
Page 4
Page 17 of 218
A
Tom of
Hunts poin
MEDINA POLICE DEPARTMENT
Jeffrey Chen, Chief of Police
Monthly Activity Report
Town of Hunts Point
2009
Burglary
0
0
0
0
Forgery (Identity Theft)
0
0
1
1
Vehicle Prowl
0
1
0
0
Theft (over $250)
0
2
4
4
Possession Stolen Prop
0
0
0
0
Drug Violation
0
0
0
0
Auto/Boat Theft
0
0
0
0
Assault, Simple
0
0
0 0
Malicious Mischief
0
1
0 0
Vehicle Prowl
0
1
0 0
Theft (Under $250)
0
0
0 0
Possession Stolen Prop
0
0
1 1
Domestic Violence
0
0
2 2
Minor in Possession
0
0
0 0
Drug Violations
0
4
2 2
Page 5
Page 18 of 218
0 MEDINA POLICE DEPARTMENT
Jeffrey Chen, Chief of Police
Town 0 Yearly Activity Report
Hunts fi 05\ Town of Hunts Point
2009
Burglary
0
0
0
0
0
0
0
0
0
0
0
0
0
Forgery (Identity)
0
0
0
0
0
0
0
0
0
0
0
0
0
Vehicle Prowl
0
0
0
0
1
0
0
0
0
0
0
0
1
Theft (over $250)
0
0
1
0
1
0
0
0
0
0
0
0
2
Poss Stolen Prop
0
0
0
0
0
0
0
0
0
0
0
0
0
Drug Violation
0
0
0
0
0
0
0
0
0
0
0
0
0
Auto/Boat Theft
0
0
0
0
0
0
0
0
0
0
0
0
0
Assault, Simple
0
0
0
0
0
0
0
0
0
0
0
0 0
Malicious Mischief
0
0
0
0
0
0
0
0
0
0
1
0 1
Vehicle Prowl
1
0
0
0
0
0
0
0
0
0
0
0 1
Theft (Under $250)
0
0
0
0
0
0
0
0
0
0
0
0 0
Poss Stolen Prop
0
0
0
0
0
0
0
0
0
0
0
0 0
Domestic Violence
0
0
0
0
0
0
0
0
0
0
0
0 0
Minor in Possession
0
0
0
0
0
0
0
0
0
0
0
0 0
Drug Violations
0
0
0
2
1
0
0
0
0
0
1
0 4
Page 6
Page 19 of 218
MEDINA POLICE DEPARTMENT
Townd Jeffrey Chen, Chief of Police
Monthly Activity Report
Hunts Point
� 2009
Driving Under Influence 1 11 15 15
Accidents 0 3 2 2
*Other 1 34 64 64
Speeding 0 0 0 0
Parking 1 1 3 3
**Other 28 267 253 253
House Watch
3
29
37
37
False Alarms
5
46
81
81
Assists
4
46
52
52
Suspicious Circumstances
4
25
28
28
Property-Lost/Found
0
0
2
2
Animal Complaints
2
3
6
6
Missing Person
0
0
0
0
Warrant Arrests
1
8
12
12
***Other
0
0
2
2
*DWLS; Fail to Transfer Title;No License
**Expired Tabs; No insurance;Fail to stop;Defective Equipment
***Verbal Domestic; Harassment;Civil Dispute; Trespass
Page 7
Page 20 of 218
t
Toga Of
Lioew 'aI[ir ..
ii#YIi;�0
MEDINA POLICE DEPARTMENT
Jeffrey Chen, Chief of Police
YEARLY ACTIVITY REPORT
HUNTS POINT
2009
Driving Under Influence 0 0 0 2 2 0 1 1 0 3 1 1 11
Accidents 0 0 0 0 0 0 0 0 1 0 2 0 3
Other 0 4 4 4 5 1 2 4 4 3 2 1 34
r,
Speeding 0 0 0 0 0 0 0 0 0 0 0 0 0
Parking 0 0 0 0 0 0 0 0 0 0 0 1 1
Other 29 22 27 19 32 14 29 21 17 16 13 28 267
House Watch
1
3
2
5
1
3
4
3
1
1
2
3
29
False Alarms
3
4
2
3
8
4
2
4
7
2
2
5
46
Assists
5
1
3
4
7
7
2
2
4
6
1
4
46
Suspicious Circumstances
3
3
0
1
2
2
2
1
3
2
2
4
25
Property-Lost/Found
0
0
0
0
0
0
0
0
0
0
0
0
0
Animal Complaints
0
0
1
0
0
0
0
0
0
0
0
2
3
Missing Person
0
0
0
0
0
0
0
0
0
0
0
0
0
Warrant Arrests
1
0
0
1
1
0
2
1
0
0
1
1
8
Other
0
0
0
0
0
0
0
0
0
0
0
0
0
Page 8
Page 21 of 218
CITY OF MEDINA
Office of the City Manager
January 11, 2010
To: Mayor and City Council
Via: Donna Hanson, City Manager
From: Robert J. Grumbach, AICP, Director of Development Services
Subject: Monthly Development Services Department Report
Planning Commission Meeting Recap:
Planning commission held a public hearing related to proposed amendments to
the code enforcement procedures set forth in the Medina Municipal Code. No
public testimony was presented. After deliberating on the subject, the planning
commission voted to forward a recommendation to the city council. Additionally,
the planning commission was briefed on the Shoreline Master Program Draft
Public Participation Plan. Finally, the 2010 planning commission work program
was discussed. Topics on home businesses, SR 520 traffic mitigation plans, pitch
roof incentives, and the comprehensive plan were included in the discussion. It
was decided to continue this discussion to the January 2010 meeting.
Hearing Examiner Decisions:
None
Land Use Administrative Decisions:
• None
Land Use Decisions Issued For 2010:
Type of Decision
2010 YTD
Variances/ Minor Deviations
0
SEPA
0
Conditional Uses/ Special Uses
0
Substantial Development Permit
0
Lot Line Adjustments
0
Short Subdivisions
0
Site Plan Reviews
0
Wireless Facilities
0
Page 22 of 218
Land Use Applications Received in December:
Case Number Description of Permit Location
2009-02 Shoreline substantial development 3616 EPR
permit to construct a cabana and
resurface an existing dock
Building/ ROW Permit Applications Received — December 1 through December 31,
2009:
Building Permits:
4
Demolition Permits:
0
Fence:
1
Mechanical:
11
Reroof:
0
Fire Sprinkler:
1
Right-of-way Permits
9
Building Permits Issued in December: See Attached.
Other Items of Interest:
• Develoament Service Permit Activity:
The following is a summary of the City's permit activity in 2009. Overall, we
experienced a decline compared to 2008 due in part to the decline in economic
activity. The table _below shows a breakdown of the types of permits and the
number we processed in 2009 and 2008.
Building
76
122
Construction Mitigation Plans Level 1 and 2
13
17
Demolition
18
10
Fire Sprinkler
8
27
a
c
Grading/ Drainage
12
22
0
Mechanical
58
73
2
Re -roof
4
18
Right -of -Way
55
86
Tree Removal/ Mitigation
12
11
Wireless communication Facility
1
1
Subtotal
257
387
Administrative Variance
3
7
Appeals
0
1
Critical Area Review
3
10
a
Hazardous Tree Evaluation
4
4
c
Historical Use Permit
0
0
Minor Deviation
1
3
Shoreline Permits
2
6
a
SEPA Review
4
2
=3
Site Plan Review
0
1
R
Special Use/ Conditional Use Permit
1
4
-�
Variance
1
0
Subtotal
19
38
Grand Total
276
425
2 Page 23 of 218
The following table shows a breakdown of the total number of permits issued
on a monthly basis:
60
50
40
30
20
10
0
Permits Issued
1
2008
2009
Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec
Corresponding to the permits being issued is the inspection activity. The
following table shows the total number of inspections performed on a monthly
basis:
300
250
200
150
100
50
0
Inspections
Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec
2008
2009
• Zoning Code Interpretation. The City issued a zoning code interpretation
pursuant to MMC 17.08.040 related to the question of whether an accessory
building and parking must be located on the same parcel as the owner's
primary single-family dwelling. The interpretation was issued in response to a
citizen's request to locate a garden building and an auto court on a vacant
parcel adjoining the parcel containing their single-family dwelling. After an
extensive review of the code, it was concluded that accessory buildings and
parking must be located on the same parcel as the owner's primary single-
family dwelling.
3 Page 24 of 218
Permit Report
November, 2009
2009
2008
Current
Current
2009
2008
".Month
,i"orth
YTv
v-1 r,
v^iiierence
Construction Value
New Construction
0
0
8,581,474
15,753,010
($7,171,536)
Permit Renewals
0
0
9,751,923
5,642,165
$4,109,758
Addition /Alteration
0
1,673,400
3,672,085
34,622,964
($30,950,879)
Accessory Structure
10,000
3,500
426,460
2,475,900
($2,049,440)
Repair / Replace
0
35,000
113,960
1,573,348
($1,459,388)
Fence/Wall
87,840
19,350
1,115,689
1,339,376
($223,687)
Mechanical
N/A
N/A
N/A
2,754,000
N/A
Fire Sprinkler
0
25,423
292,981
322,785
($29,804)
Wireless Comm Facility
0
0
10,000
75,000
($65,000)
TOTAL VALUE
97,840
1,756,673
1 23,964,5721
64,558,548
(37,839,976)
Permits Issued
New Construction
0
0
5
10
(5)
Permit Renewals
0
0
8
13
(5)
Addition / Alteration
0
4
19
39
(20)
Accessory Structure
1
1
16
19
(3)
Fence/Wall
2
2
18
27
(9)
Demolition
0
0
14
10
4
Grading/Drainage
0
0
12
22
(10)
Tree Mitigation
2
1
12
11
1
Mechanical
3
6
47
73
(26)
Fire Sprinkler
0
2
7
27
(20)
Reroof
0
0
4
18
(14)
Repair / Replace
0
1
5
14
(9)
Right -of -Way Use
4
2
52
86
(34)
Construction Mitigation
0
1
13
17
(4)
Wireless Comm Facility
0
0
1
1
0
TOTAL PERMITS 1
12 1
20
.233
387
154
Inspections
Building
34
56
447
1,113
(666)
Construction Mitigation
0
4
20
55
(35)
Grading/Drainage
10
32
160
575
(415)
Tree Mitigation
5
5
118
(118)
Right -of -Way
3
33
211
181
30
TOTAL INSPECTIONS
52
130 71
838
2.042 1
(1.204
CITY OF MEDINA
Office of the City Manager
January 6, 2010
To: Mayor and City Council
Via: Donna Hanson, City Manager
From: Joe Willis Sr., Director of Public Works
Subject: December 2009 Public Works Activity Report
The Council authorized the Architect Consultants for City Hall expansion, Group
Mackenzie, to conduct a feasibility study to underground the emergency generator
for City Hall in conjunction with the City Hall project. Their preliminary findings have
indicated that to do so will require a 10' x 17' x 8' open grated concrete vault for
placement of the generator and a new 1000 gallon underground propane tank.
The underground installation is proposed to be located on the north side of the new
building addition (see drawing C2.0 provided in the Council Packet). Estimated cost
to provide the underground vault and tank and to install the generator is $120,000.
The consultant's feasibility study cost was estimated to be $5,150 and final design
for the installation will be an additional $ 11,500. Council needs to decide if the
generator undergrounding is to be continued to final design and be included in the
City Hall design documents as a bid alternate for soliciting contractor bids.
2. During the December 14, 2009 Council meeting, the City Hall architects provided
schematic design for the proposed project that included: conceptual floor plans for
the lower police department, the main floor administration services level, and the
upper administrative offices floor plan. The plan excluded an interior elevator
between the floors and instead included stairway access between each of the floors,
exterior building elevation views, and exterior site plans. ADA access to the lowest
floor level is proposed to be a paved walkway from the upper main floor parking area
down to the south side of the building near the exterior stairway from the parking lot.
A potential exterior elevator is shown on the west side of the building as a future
improvement and the proposed emergency generator is shown located in an
underground vault on the north side of the building. The present exterior walkway
around the main floor is proposed to be extended around the north side of the
building to match into the walkway along the front of the building. This north walkway
will be covered with a roof that will match the present walkway overhang on the
south side of City Hall.
Council approval of the City Hall Architectural schematic plan is included in the
Council packet under item CA-4.
Page 25 of 218
3. The Public Works Director and the Director of Development Services reviewed and
commented on the published SR 520 Environmental Supplement documents for the
SR 520, Medina to SR 202: Eastside Transit and HOV Project (a copy of the
comments are provided in the Council packet for your information). The comments
covered items s such as ti ie Evergreen Point Road Lid, Park & Ride Lost, and Transit
Stop; Fairweather Preserve impacts; Medina Creek fish passage; extensive review
of the Transportation portion of the document including traffic impacts on 84th Ave
NE and Medina Circle access; Local roadway impacts and construction impacts.
4. The SR 520 Legislative Workgroup has finalized their recommendations to the
Governor. Their recommendations include authorization of funding including the
early tolling of SR 520; early HOT lane toiling on 1-90;. moving forward with Option
A+ for the Montlake area on the west side of Lake Washington; pursuing filling of the
financial funding gap for the project through federal and state revenue; if the gap is
not filled within the next two years, to move forward with general tolling on 1-90 no
sooner than year 2014.
5. The Public Works Director has been searching for temporary City Hall facilities to be
utilized while the City Hall undergoes renovation. The search has included contacts
with realtors and property managers to locate acceptable facilities that can be leased
for 12 months. To date, no lease options have been located within the City.
The temporary facilities under consideration are:
• Lease a home(s) within the City (this will require a City Code amendment to
allow a public building in a residential neighborhood zone)
• Install two or more portable trailers in Medina Park (near the existing
restrooms), or in Fairweather Park.
• Lease commercial space in Bellevue.
6. The residents of the City enjoyed the seasonal lights provided by the Public Works
crew at Medina Park and a number of compliments were received. Pat, Dave, Catey,
and Ken all continue to take pride in their work and provide excellent service to the
community. They wish to thank the community and the Council for their expressed
appreciation.
7. Laura Weingaertner of the Park Board has been working with Chuck Gibilisco of the
Washington Fish & Wildlife and Phil Turner of Olympia Systems about the feasibility
and cost to install a Heron observation camera in the top of the large fir nesting tree
in Medina Park. The camera will be linked to the internet for access by the public.
The estimated cost to provide and install the camera is approximately $5,000. The
Park Board has endorsed the camera project and members are soliciting private
contributions toward the project.
2 Page 26 of 218
501 EVERGREEN POINT ROAD . P.O. BOX 144 • MEDINA, WA 98039-0144
TELEPHONE 425-233-6400 • FAX 425-454-8490 • www.medina-wagov
January 5, 2010
Mr. Bill Blaylock
SR 520 Eastside Environmental Manager
Washington State Department of Transportation
600 Stewart Street, Suite 520
Seattle, WA 98101
RE: SR 520, Medina to SR 202: Eastside Transit and HOV Project Environmental
Assessment Review
Dear Mr. Blaylock,
The City of Medina as a cooperating agency appreciates the opportunity to comment on the
above Environmental Assessment (EA) document. This letter contains a summary of our
comments.
Evergreen Point Road Lid:
The configuration of the Evergreen Point Road lid does not reflect the final design presented
to the City of Medina. More specifically, the transit stop is configured further to the east and
includes a long pedestrian walkway to connect the park and ride lot to the transit stop. It is
not clear how the new location of the transit stop and walkway will affect the noise and visual
impacts to the Bellevue Christian Elementary School directly to the south. The EA should
include some analysis on this subject.
Additionally, while the City understands from discussion with WSDOT that this re-
configuration is temporary in nature so that this portion of the overall corridor project can
stand alone and reflects the eastside project being completed before the SR 520 floating
bridge replacement project, this EA however should include reference to this fact and discuss
whether the new configuration is fully compatible with the overall project design.
Evergreen Point Park -and -Ride Lot:
The EA indicates approximately 10 to 15 new parking stalls will be added to the evergreen
point road park -and -ride lot. The meaning of this is not clear. According to the original
Determination of Nonsignificance issued in 1981 for the park -and -ride lot, it was constructed
to hold 38 parking spaces. The Medina Comprehensive Plan indicates 45 parking spaces.
The Transportation Discipline Report supporting the EA indicated there are 51 spaces, which
is based on counts and not the original design. The Medina City Council at their March 9,
2009, meeting reached a consensus for a preference of 51 stalls. It is worth noting that the
park -and -ride lot is located within a residential neighborhood next to an elementary school
and the affects of the park -and -ride lot should take this into account.
Page 27 of 218
Fairweather Nature Preserve (Fairweather Park):
In the geological and soils section of the EA, the impact for groundwater flow changes is
described when roadway cuts or walls are constructed in proximity to adjacent lands. The
groundwater level can be pulled downward. The unnamed stream, the lower wetland areas,
and the upland timbered areas of the Fairweather Preserve would be adversely impacted
should the availability of water be limited during the dry summer months. Appendix L
Ecosystems report on Exhibit 17 summarizes that Fairweather Preserve has educational
value and will not be affected. I do not agree. The Fairweather Nature Preserve was
developed according to a plan with passive educational resource in mind. Native trees area
retained; pathways are natural trails, bridges are of log construction; evasive plant removal
has been conducted annually; ecological stream bank erosion control methods have been
utilized to stabilize the stream through the Preserve. In fact, that portion of the Bellevue
School District property that exists north of the freeway has been utilized and maintained by
the City as if it were a part of the preserve. The City would like that portion not utilized for the
SR 520 Stormwater Treatment Facility to be turned over to the City to formally become part
of the nature preserve.
Medina Creek (Fairweather Creek):
Chapter 5.2 Ecosystems of the EA Exhibit 5-10 on page 5-26 indicates that salmon are not
present in the stream south of SR 520. This is not true. The City annually contributes to a
private salmon incubator installed on the stream upstream from SR 520 culverts. A report
completed by Anderson 7 Ray in year 2000 concluded that while the stream is degraded, it is
feasible to restore the stream if major impairments (culverts under SR 520) are replaced with
fish passage culverts. The Anderson & Ray document provided recommendations and
conceptual plans for the rehabilitation of Medina Creek south of SR 520
Chapter 6.7 Transportation and Appendix Q:
Approach to the Analysis
Baseline Assumptions — The City is concerned that the detailed analysis
contained in the EA does not assume implementation of tolling or replacement of
the SR 520 Bridge. Both projects will likely be implemented before or soon after
the Eastside Transit and HOV project is completed. While these projects are
considered in the cumulative impacts section of Appendix Q, they are not
evaluated in detail as was done in the main body of the document. Therefore little
meaningful information related to the possible impacts of the project can be
understood from the majority of the analysis presented in the EA. There is
reasonable certainty that all the projects will be completed
Travel Forecasts
Development of Interchange Forecasts — We are concerned about using a
general growth rate to prepare the interchange forecasts. Operations at the
interchanges and the adjoining intersections are directly impacted by specific
intersection turning movements. Assuming general growth rates and similar
turning movement ratios in developing the forecasts is an overly simplistic
approach for such a detailed operations analysis. The City is concerned that
growth from specific travel patterns and movements were not directly accounted
for in the analysis.
Page 28 of 218
Growth along 84th Avenue — On page 6-4 of Appendix Q, there is a statement
that indicates little traffic growth is expected to occur along 84th Avenue NE
between the base year and 2030. However, in the proceeding chapter there is a
conflicting statement indicating congestion at 1-405 will actually decrease
volumes towards the bridge in the westbound direction because fewer vehicles
will be able to travel through the congested 1-405 interchange area. If this is the
case, wouldn't it be appropriate to assume additional vehicles may use local
streets to bypass the congestion at the 1-405 interchange and instead try to
access SR 520 at the interchanges west of 1-405, such as 84th Avenue NE?
Furthermore, the document accounts for a sizable increase in land use within
downtown Bellevue. While the City does not advocate for cut -through traffic, it is
likely the downtown Bellevue growth will result in additional cut -through traffic
along Lake Washington Boulevard, NE 12th Street, and 84th Avenue NE. The City
is concerned that the project will result in higher traffic growth rates along 84th
Avenue NE, which have not been accounted for in the analysis of possible
impacts.
Freeway Impacts
Westbound SR 520 Operations at 84th Avenue — The document indicates on
page 6-8 of Appendix Q that the Build Alternative would improve SR 520
operations approaching the lake compared to the No Build Alternative. We
question this statement because at the point the 84th Avenue NE westbound on -
ramp merges into the outside general purpose lane, the HOV lane on the
opposite side merges into the inside general purpose lane. Both the HOV lane
and the on -ramp are merging into 2 lanes, which is not significantly different than
occurs today except now they are merging on opposite sides. It seems that little
is accomplished operationally along this specific segment of the corridor since
the bridge is assumed to remain in its present condition/configuration. However,
the analysis goes on the say on page 6-10 that the Build Alternative will reduce
congestion on 84th Avenue NE during the afternoon peak hour. How would
congestion be reduced by 1 to 1.5 hours when little has changed at this location
along the freeway?
HOV Lane Operations — We support the continuation of an HOV bypass lane at
the westbound on -ramp at the 84th Avenue NE interchange. However the City is
concerned about the safety impacts of HOV vehicles merging over to the inside
HOV lane once on the freeway. We realize this is not an issue if the existing
bridge remains, but under the cumulative impacts analysis, how might such a
weaving pattern impact mainline and ramp operations and safety?
Travel Time Benefits — In several prominent locations throughout the document,
the travel time savings of the project are documented to save 15 to 45 minutes
compared to the No Build Alternative for HOV and transit in the WB direction
during the afternoon commute. However most of the travel time savings is largely
dependent on the extension of the HOV lane under 1-405. This one choke point
contributes too much of the overall project travel time savings benefit. Little
information is provided about the travel time savings to the average user or those
vehicles originating or destined for Medina or other communities along the
corridor. If travel time savings is a major cost/benefit item, the majority of the
project has little to do with providing the travel time improvement.
Page 29 of 218
Local Roadway Impacts
Study Locations — The City is concerned that the analysis does not evaluate
locations beyond the interchange at 84th Avenue NE. Specifically the City is
interested in understanding the possible impacts the project may have on the
entrance to Medina Circle and the operations and safety at the intersection with
NE 24th Street, both along the 84th Avenue NE corridor. Existing vehicle queuing
from congestion along SR 520 is often observed at these locations and noted in
the analysis. Therefore the City questions why the extent of the study area did
not include these locations or address the problems that occur for access to
Medina Circle.
Local Increases in Demand — Since person demand increases under the Build
Alternative at the 84th Avenue NE interchange, and the No Build Alternative
person demand already exceeds throughput capacity, wouldn't additional local
impacts be expected under the Build Alternative? Any additional vehicles being
stored on local arterials due to spillback effects of the SR 520 interchange should
be considered a significant impact. Therefore providing the same amount of
vehicle storage under the Build and No Build Alternatives is questionable. If the
Build Alternative is assuming additional demand, wouldn't a solution be a longer
queue storage lane on the westbound on -ramp to lesson impacts to the local
arterials?
NE 84th Avenue Impacts — On page 6-10 of Appendix Q, the document states
the interchange is reconfigured with a half -diamond ramp. Fundamentally this
changes how the two NB travel lanes are utilized along 84th Avenue NE.
Furthermore, the analysis indicates vehicle queuing regularly extends to NE 24th
Street and will continue to do so under the Build Alternative. Since vehicles will
now be stored in the NB inside lane of 84th Avenue, the analysis should evaluate
the possible blocking and safety impacts of vehicles trying to ingress and egress
from Medina Circle. In addition, vehicle queuing may at times extend past NE
24th Street and block NB left turns from 84th Avenue NE to NE 24th Street. These
possible impacts are not disclosed or discussed in the analysis. The City is
concerned that solutions to these problems are not reflected in the proposed
design.
Interchange Operations — Very little information is presented to adequately
explain how the 84tt' Avenue NE interchange will operate compared to the No
Build Alternative. Adjoining intersections at 84th Avenue NE / NE 28th Street and
84th Avenue NE / SR 520 WB On -ramp are simply evaluated using Highway
Capacity Manual intersection level -of -service methodology. While this is typically
a reliable way to evaluate performance and identify possible impacts, the
congestion along SR 520 and the spillback effects of vehicle queuing and ramp
metering are not accounted for in the analysis. The document notes this issue,
but no other analysis is provided to adequately measure the interchange and
adjacent intersection operations. The City is concerned that the reconfiguration of
the 84th Avenue NE interchange and its impacts on the local street system have
not been truly analyzed in a meaningful way to understand the operational and
safety impacts of the proposed design.
Page 30 of 218
Construction Impacts — Exhibit 10-4 lists estimated truckloads to be routed over
City arterial streets of 84h Ave NE, NE 24t' Street, and Evergreen Point Road as 27
months duration, average of 10 to 20 trips per day and potential peak trips of 40 to 50
per day. This is a major impact to residential neighborhoods and neighborhood
collector roadways. The asphalt pavement surface and sub base of these roadways
were never designed for this level of use. There is no mention of mitigation
associated with this proposed use for noise, dirt on the roadway, pavement
deterioration, damage due to limited intersection turning radii, or for construction
associated staging areas or parking.
Major utility relocation/replacements associated with the project have not been
addressed in the EA.
If you have any questions or require further clarification on any of the above comments,
please call me at 425-233-6439.
Sincerely,
Joe Willis, Sr, P.E., P.L.S.
Director of Public Works
cc. Donna Hanson, City Manager
Robert Grumbach, Director of Development Services
Medina City Council
Page 31 of 218
ITEM CA-1
DRAFT
MEDINA CITY COUNCIL
REGULAR MEETING MINUTES
Medina City Hall Council Chambers
December 14, 2009, 6:00 pm
RECEPTION FOR CITY COUNCIL MEMBERS
A reception was held for city council members from 6:00 to 6:30 pm. The reception was
properly noticed pursuant to RCW 42.30.080.
CALL TO ORDER
Mayor Nelson called the December 14, 2009 Regular Meeting of the Medina City Council to
order at 6:41 pm.
ROLL CALL
Council Members Present: Lucius Biglow, Drew Blazey, Bret Jordan, Jim Lawrence, Mark
Nelson, Bob Rudolph, and Shawn Whitney
City Staff Present: Donna Hanson, City Manager; Steve Victor, City Attorney,
Kenyon Disend; Jeff Chen, Chief of Police; Joe Willis, Public
Works Director; Robert Grumbach, Development Services
Director; Nancy Adams, Finance Director; and Rachel Baker,
City Clerk
Council members and city staff present at special meeting remained in attendance.
Mayor Nelson introduced Eagle Scout George Montgomery from Troop 600.
Montgomery led council, staff and audience members in the Pledge of Allegiance.
Following Pledge, Diane Pottinger described Eagle Scout program, 2009 scout
accomplishments, and asked council to consider projects scouts could tackle in 2010.
Montgomery recounted how he constructed the dog wash station in Medina Park.
APPROVAL OF MEETING AGENDA
The meeting agenda was approved by council consent.
PRESENTATIONS
Service Recognition for Outgoing City Council Members
Mayor recognized council members Biglow, Blazey, Lawrence and Rudolph for their service
on the city council.
Page 32 of 218
DRAFT
Mayor noted council member Biglow served one four-year term. Council member Biglow
expressed his thanks to members of the council for being able to serve, for his new
relationships with others, for lessons learned in politics and for being able to grow into a
better citizen.
Mayor stated council member Blazey served two consecutive four-year terms, including
participation on the council emergency committee, and that council member Rudolph
served two consecutive four-year terms, including participation on the city's finance and
personnel committees between 2002 and 2003, and 2008 and 2009, respectively, and as
deputy mayor during 2006 and 2007.
Mayor summed up the terms of council member Lawrence which included most recently his
four-year term on the city council, including deputy mayor and council finance committee
member during 2008 and 2009. He acknowledged that previously, Lawrence served on the
planning commission from 1996 to 1999, was appointed to the city council in 1999 and was
then elected to a two year term. He mentioned that following this Lawrence was appointed
to the planning commission and served his term until he was elected to the city council for
his expiring term.
Council member Lawrence read a quote from President George H. W. Bush as advice to
others that may enter politics: "Politics can be civil and not personal. It does not have to be
shouting and questioning the other guy's motive. Try to see the other person's view. That
means you have to listen and not talk all the time."
Group Mackenzie Architects — City Hall Proiect
Michael Chen and Megan Tremain from Group Mackenzie Architects presented schematic
design plans developed for the renovation and expansion of city hall. Presentation included
floor plans, site plan, elevations, grading, and building rendering.
PUBLIC COMMENT
Mayor opened public comment period at 7:32 pm.
Resident Katie Phelps thanked staff for the holiday giving tree located in city hall and public
works staff for an outstanding job making Medina Park look so festive.
Mayor closed public comment period at 7:33 pm.
REPORTS AND ANNOUNCEMENTS
Mayor provided a status update on the SR 520 project summarizing design and funding
option recommendations for the next legislative session. Nelson said eastside cities
collectively signed a letter addressed to Senator Patty Murray to request TIGER grant
funding for SR 520 project. Mayor encouraged people to attend SR 520 open house at
Chinook Middle School on December 16.
Mayor summarized messages taken away from the inaugural Association of Washington
Cities mayors exchange and the recent Eastside Transportation Partnership meeting.
DRAFT
Lawrence requested council consider authoting up io $15,000 Io mitigate mechanical
noise emanating from the roof of Medina Market. Council consented Io add item Io meeting
agenda,
Council member Whitney announced residents Matt Kochel and David Doud will host a
reception io honor and recognize the police depatepl lornoftow of city hall from 3:00 Io
5:00 pm.
City manager welcomed volunteers to tend an appreciation breakfast set for December
18 at city hall and encouraged eueryone Io donate Io the Hopeld food drive or Childhaven
giving tree through cif hall, Hanson briery summarized implemenlalO sta!us of staff
emergency preparedness response learn, provided an update of the city's electronic
communication strategy, and noted there were no 2008 audil findings ieporled by the state
autlilof's office.
a C T
Lawrence requested council consider authorizing up to $15,000 to mitigate mechanical
noise emanating from the roof of Medina Market. Council consented to add item to meeting
agenda.
Council member Whitney announced residents Matt Kochel and David Doud will host a
reception to honor and recognize the police department tomorrow at city hall from 3:00 to
5:00 pm.
City manager welcomed volunteers to attend an appreciation breakfast set for December
18 at city hall and encouraged everyone to donate to the Hopelink food drive or Childhaven
giving tree through city hall. Hanson briefly summarized implementation status of staff
emergency preparedness response team, provided an update of the city's electronic
communication strategy, and noted there were no 2008 audit findings reported by the state
auditor's office.
Responding to Rudolph, Hanson and city attorney conveyed no updates have been
received from the Port concerning jet noise.
Council members elected to postpone decision to underground city hall generator until
January.
CONSENT AGENDA
MOTION JORDAN AND SECOND RUDOLPH TO APPROVE CONSENT AGENDA
ITEMS. MOTION CARRIED 7-0 AT 8:00 PM.
- Approval of November 9, 2009 City Council Special & Regular Meeting Minutes
- Approval of November 2009 Checks/Finance Officer's Report
Claim check numbers 75937 through 76062 in the amount of $488,051.35 and payroll
checks numbers 25839 through 25907 in the amount of $220,168.92. Voided claim
checks include number 75980 in the amount of $116.50 and number 75985 in the
amount of $11.38.
- Acceptance of Evergreen Point Road Storm Drain Project
- Approval of Group Mackenzie Additional Services Agreement
OTHER BUSINESS
Shoreline Master Program Update - Draft Public Participation Plan (8:08 pm)
Grumbach highlighted timeline and responded to questions concerning plan. He conveyed
a revised draft plan that incorporates council's comments will be presented during the
January meeting for approval.
City Council Minutes Decem/0 444 "S
Page 3
Medina Market Noise Abatement Issue (8:23 pm)
Mayor opened floor to public comment at 8:24 pm.
Resident Katie Phelps opined matter should be noticed and opened to greater public
comment before further consideration and voiced opposition to use of tax payer money to
renovate a single, private residence based on complaints of a single, private resident.
Mayor closed comment period at 8:25 pm. Council discussion followed.
Council was in agreement to table matter until interest level of property owner or her
representative can be garnered, and if established, then matter to be publicly noticed prior
to becoming an agenda item.
EXECUTIVE SESSION
The city council recessed into executive session at 8:52 pm, for an estimated time of forty
five minutes pursuant to RCW 42.30.110 (1)(g) to evaluate and review the performance of
a public employee. No action was anticipated. City council members Biglow, Blazey,
Jordan, Lawrence, Nelson, Rudolph, and Whitney were present.
Executive session adjourned and council resumed its regular meeting at 9:37 pm. No
action was taken.
...................................
ADJOURNMENT
MOTION WHITNEY AND SECOND BIGLOW TO ADJOURN THE DECEMBER 14, 2009
REGULAR MEETING AND MOTION CARRIED 7-0 AT 9:37 PM.
The December 14, 2009 Regular Meeting of the Medina City Council adjourned at
9:37 pm.
The next Regular Meeting of the Medina City Council will be held, Monday, January 11,
2010 at 6:30 pm.
Mark L. Nelson, Mayor Attest:
Rachel Baker, City Clerk
City Council Minutes DecemAn§4d5 pis
Page 4
MEDINA CITY COUNCIL
SPECIAL MEETING MINUTES
Medina City Hall Council Chambers
January 5, 2010, 4:00 pm
CALL TO ORDER
ITEM CA-2
DRAFT
Mayor Nelson called the January 5, 2010 Special Meeting of the Medina City Council to
order at 4:06 pm. The meeting was properly noticed pursuant to RCW 42.30.080.
1d6I41K*"- 44
Council Members Present: Patrick Boyd, Doug Dicharry, Bret Jordan, Janie Lee, Mark
Nelson, Katie Phelps, and Shawn Whitney
City Staff Present: Donna Hanson, City Manager; Steve Victor, City Attorney,
Kenyon Disend; Robert Grumbach, Development Services
Director; and Rachel Baker, City Clerk
PRESENTATIONS
Lew Leigh, Washington Cities Insurance Authority executive director introduced council
members to WCIA and provided an overview of the agency's services and programs.
City attorney oriented council members to laws governing the office of city council and
municipal government.
ADJOURNMENT
MOTION JORDAN AND SECOND NELSON TO ADJOURN THE JANUARY 5, 2010
SPECIAL MEETING AND MOTION CARRIED 7-0 AT 6:09 PM.
The January 5, 2010 Special Meeting of the Medina City Council adjourned at 6:09 pm.
The next Regular Meeting of the Medina City Council will be held, Monday, January 11,
2010 at 6:30 pm.
Mark L. Nelson, Mayor Attest:
Rachel Baker, City Clerk
Page 36 of 218
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CITY OF MEDINA
Office of the City Manager
January 11, 2010
To: Mayor and City Council
Via: Donna Hanson, City Manager
From: Nancy Adams, Director of Finance
Subject: 2009 Reporting
The monthly financial reports for December 2009 are considered final. Year End 2009
reporting is considered preliminary. We will be entering a small batch of accounts
payable invoices on January 15, 2010, which will be dated as of the December 2009
accounting period for year-end close. This is to accommodate AP vendors who
performed work and services in 2009, but did not invoice us until early January 2010
for their 2009 services.
The financial system conversion is scheduled for January 12-13, 2010. After the
conversion is final, I will provide financial analysis on Year End 2009 Final Reporting.
I Page 37 of 218
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MEDINA CITY COUNCIL MEETING AGENDA BILL
SUBJECTITITLE:
CATEGORY:
® Consent
ITEM CA-4
SHORELINE MASTER PROGRAM UPDATE PUBLIC PARTICIPATION
PLAN — 01A 1/2010
❑ City Council Business
❑ Ordinance ❑ Public Hearing
❑ Resolution ❑ Other - Discussion
STAFF REPORT BY: Robert J. Grumbach, A1CP
-T.T4.T : • ► TIiTI�riTr.
Under the Shoreline Management Act, the City is required to update its shoreline master program
(SMP) to meet 2003 guidelines adopted by the DepartmentofEcology. One of the key aspects of
updating the SMP is the opportunity to incorporate public involvement early and continuously
throughout the process. A final Draft SMP, approved by the City Council, must be submitted to the
Department of Ecology by December 1, 2012. As a condition of the shoreline grant agreement used to
fund the update efforts, the City is required during the first phase of the project to prepare a formal
public participation plan to be submitted to the Department of Ecology by January 31, 2010.
A draft of the public participation plan was reviewed by the City Council at the December 14, 2009
meeting. Attached is a revised public participation plan based on City Council's feedback. A short
outline of the plan includes:
• IDENTIFY KEY PARTIES. This is anticipated to include the planning commission, park board, city
council, shoreline property owners, state agencies, tribes, local residents and neighboring
jurisdictions.
• PUBLIC OPEN HOUSE/ WORKSHOP. Winter/ Spring 2010.
• FORM A CITIZEN ADVISORY COMMITTEE. Potential members to be determined, but might include
planning commission members, Medina shoreline property owners, and other Medina residents.
• CITIZEN ADVISORY COMMITTEE. The committee provides advice to city staff throughout the SMP
update process in formulating the draft SMP policies and regulations.
• COMMUNICATIONS. Utilize the City's website, newsletters, mailed notices, and future workshops to
help keep citizens informed and provide input during the process.
• STUDY SESSIONS/ PUBLIC HEARINGS: These are before the planning commission and city council.
A motion to approve means acceptance of the plan outlining how public participation will be
Incorporated into developing a draft shoreline master program. It is worth noting that this plan
represents the "at least" efforts the City will utilize for public participation. Additional public outreach
efforts may be added as the process develops.
Attachments: Shoreline Master Program Update Public Participation Plan
BUDGET/FISCAL IMPACT: Approximately $5,920 is budgeted, which will be reimbursed by a shoreline
grant
STAFF RECOMMENDATION:
CITY MANAGER REVIEW:
PROPOSED COUNCIL MOTION: Motion to approve the Shoreline Master Program Update Public
Participation Plan.
Page 104 of 218
CITY OF MEDINA
501 Evergreen Point Road, Medina WA 9W39
425.233.6400 (phone) 425.454.8490 (fax) www.medina-wa.t�ov
PublicSHORELINE MASTER PROGRAM UPDATE
• r a on r
'.
Prepared with the assistance of:
Introduction............................................................................................................... 1
Rolesand Responsibilities............................................................................................2
PublicParticipation Plan Objectives........................................................................... 3
Guiding Comprehensive Plan Goals and Policies........................................................ 3
GuidingPrinciples...................................................................................................... 3
KeyOpportunities and Challenges............................................................................ 4
KeyParties................................................................................................................ 5
PublicParticipation Methods and Tools..................................................................... 5
Project Timeline and Opportunities for Public Input ................................................. 7
Phase 1: Preliminary Assessment and Inventory ................................................................ 7
Phase 2 : Shoreline Analysis and Characterization.............................................................. 7
Phase 3 : Draft SMP and Cumulative Impacts................................................................... 8
Phase 4 : Restoration Planning, Re -visiting Draft SMP as Necessary .....................................9
Phase 5 : Local Adoption Process.................................................................................... 10
Applicable Sections of the Washington Administrative Code (WAC) and
Revised Code of Washington(RCW).................................................... Attachment A
Note: The schedule for the Public Participation Plan may be revised based on City Council input
or if adjustments become necessary due to unforeseen circumstances. The City recognizes that
Washington State Department of Ecology grant funds must be expended in accordance with the
grant agreement. Funding for public participation efforts will be dependent on Ecology funding,
including release of Year 3 funds.
January 11, 2010 City of Medina SMP Update
Background
In 1971 the State Legislature passed Washington's Shoreline Management Act (SMA) and was
adopted by the public in a 1972 referendum. The impetus for the act was a state Supreme
Court ruling in 1970 involving development on Lake Chelan. The SMA governs state shoreline
use and development. The primary goals of the SMA are to balance responsible shoreline
development with environmental protection and public access. The SMA applies to those areas
that are defined as "shorelines of the state" and include waters of the state, associated
shorelands and associated wetlands. Lake Washington is defined as "shorelines of the state" of
which the city has approximately 4.5 miles of shoreline jurisdiction.
Under the SMA, the City is required to develop and adopt its own shoreline master program to
govern shoreline use and development on a local level. The Medina Shoreline Master Program
(SMP) was originally adopted in 1975 (Ordinance No. 304) and subsequently revised in 1990
(Ordinance No. 514). The SMP must be consistent with established state guidelines and it must
be approved by the Washington State Department of Ecology. Subsequent to the City's last
revisions, Ecology has adopted updated SMP Guidelines (2003), which requires jurisdictions
across the state to update their SMPs to meet the new 2003 Guidelines. The City is beginning
its SMP update process to meet the new guidelines and anticipates completing the update by
June 2012.
Public Parfici oadon Requirements
One of the key aspects in developing any shoreline master program is the opportunity for and
incorporation of public involvement and participation in the process. RCW 90.58.130 states:
To insure that all persons and entities having an interest in the guidelines and
master programs developed under this chapter are provided with a full
opportunity for involvement in both their development and implementation, the
department and local governments shall•
(1) Make reasonable efforts to inform the people of the state about the
shoreline management program of this chapter and in the performance of
the responsibilities provided in this chapter, shall not only invite but actively
encourage participation by all persons and private groups and entities
showing an interest in shoreline management programs of this chapter; and
(2) Invite and encourage participation by all agencies of federal, state, and local
government, including municipal and public corporations, having interests or
responsibilities relating to the shorelines of the state. State and local
agencies are directed to participate fully to insure that their interests are fully
considered by the department and local governments.
Additional public participation provisions under the Growth Management Act and Washington
Administrative Code (WAC) apply to the SMP update process (See Attachment A for applicable
state law). These have been incorporated by reference into public participation requirements
under the 2003 Department of Ecology Guidelines (see WAC 173-26-201(2)(3)(b)).
January 11, 2010 City of Medina SMP Update
Public Participation Plan
The City of Medina is required to describe and document public participation methods to ensure
that all interested parties have a meaningful opportunity to participate. Prior to undertaking
substantial work, the City must:
• Notify applicable state agencies to identify state interests, relevant regional and
statewide efforts, available information, and methods for coordination and input.
• Notify affected Indian tribes to identify tribal interests, relevant tribal efforts, available
information and methods for coordination and input.
The SMP Guidelines require that public participation begin at the start of the initial phase of the
update planning process and continue through adoption. To meet the requirements, the City
has developed a public participation plan that:
• Identifies specific objectives;
• Identifies key parties (Planning Commission and elected officials, Park Board, shoreline
property owners, state agencies, Tribes, local residents, neighboring jurisdictions, etc.);
• Identifies outreach strategies, tools and techniques;
• Establishes timelines for public participation activities;
• Engages all parties early and continuously in the update process, particularly those
relevant individual recreationists and conservationists or organizations that may not
typically seek involvement in new shoreline regulations; and
• Documents all public outreach and public events related to SMP development.
The intent of this plan is not only to meet State requirements, but is tailored to address the
priorities and issues of the City.
Roles and Responsibilities
The City of Medina is responsible for all aspects of the SMP update with assistance from
consultants. Ecology will act in a support and review capacity and must approve changes to the
shoreline master program.
The primary contact for the Medina SMP Update is:
Robert Grumbach, AICP, Director of Development Services
501 Evergreen Point Road
Medina, WA 98039
(425)233-6400
rrumbach@medina-wa.gov
The Department of Ecology staff assigned to shoreline planning and permitting is:
David Radabaugh
SEA Program, N.W. Regional Office
Washington State Department of Ecology
3190 160"' Avenue S.E.
Bellevue, WA 98008-5452
(425) 649-4260
Drad461@ecy.wa.gov
January 11, 2010 City of Medina SMP Update
Public Participation Plan
Public Participation Plan Objectives
The overall goal of the public participation plan is to build support for timely adoption of a high
quality Shoreline Master Program that meets the following objectives:
• Meets state guidelines;
• Encourages input from stakeholders;
• Educates the public about the Shoreline Management Act and the Medina Shoreline
Master Program;
• Nurtures a culture of shoreline stewardship in as many stakeholders as possible; and
• Gains the informed consent of stakeholders and decision makers.
The plan is designed to:
• Comply with Washington state law and Department of Ecology shoreline guidelines;
• Be consistent with Medina's Comprehensive Plan;
• Reflect the unique local characteristics of Medina and its citizens;
• Harness the energies and knowledge of shoreline property owners, members of the
Medina Planning Commission, Medina Park Board and other stakeholders to ensure
issues and concerns are understood, considered and incorporated into the outcomes
wherever possible; and
• Build upon the experiences, observations and suggestions of a wide range of local, state
federal and tribal governments and agencies.
Guiding ComRrehensive Plan Goals and Policies
The City maintains a strong connection between citizens and City government by encouraging
opportunities for citizen interaction. Specific public involvement policy guidance can be found in
the Comprehensive Plan as follows:
• Land Use — Goal 3: To maintain active community involvement in land use policy and
regulations.
• Land Use - Policy 8: The City shall encourage and facilitate public participation in all land
use planning processes.
Land Use - Policy 9: The City shall afford due consideration to all stakeholders prior to
any land use decision.
Guiding Principles
The following are a list of guiding principles that will direct the public participation process for
updating the shoreline master program:
1. Communicate the purpose, scope, and objectives of the shoreline master program at the
start and throughout the duration of the update process (i.e.: schedule, decision
milestones, progress, and involvement opportunities).
January 11, 2010 City of Medina SMP Update
2. Conduct public involvement consistent with the goals and policies of the Medina
Comprehensive Plan, the Shoreline Management Act, and consistent with transparent
and open government.
3. Seek out and use input from local stakeholders about opportunities and problems
whenever possible rather than solely relying on the opinions of "'experts".
4. Key outreach efforts will be made to a diversity of groups including, but not limited to
the following:
• Property owners within the shoreline jurisdiction;
• Park Board and Citizens who use Medina's waterfront parks and public docks;
• Local community groups that indicate a particular interest in Medina's shorelines;
• Local water -related and water -dependent users;
• Planning Commission and City Council members;
• Local, state and federal agencies with jurisdiction; and
• Neighboring communities and others that have expressed on interest in Medina's
shoreline update process.
5. Define and effectively communicate the roles and interests of all participants.
6. Keep all written communication clear, concise, objective and free of technical jargon.
7. Use the City's website, City mailings and newsletters, and other media to provide and
distribute general information to the public.
8. Communicate and distribute information/ feedback regularly to participants, and at
intervals to interested/ affected parties. Follow-up would occur by:
• Informing affected/ interested parties of outcomes;
• Continuously evaluate the process to identify successes and shortcomings, and
communicate results to participants; and
• Evaluating the public participation process for effectiveness on community
relationships and on perceptions of effectiveness of the process.
9. Use community resources and energies effectively and efficiently, and consider the
relative cost-effectiveness of alternative techniques to achieve objectives.
Key Challenges and Opportunities
1. Help the public understand the purpose of the shoreline master program, the regulations
behind the update process, and how these relate to Medina"s citizens (i.e. promote
public access and enjoyment of the water environment, promote water dependent uses,
protect shoreline functions, etc).
2. Distinguish public outreach for the shoreline master program update from other public
outreach efforts, such as the Comprehensive Plan and zoning code updates, and/ or
integrating different public outreach efforts as appropriate.
January 11, 2010 City of Medina SMP Update
Public Participation Plan
3. Recognize and overcome barriers of participating in the public participation process
including time, physical, locations, etc.
4. Recognize that public meetings can be contentious and employ public facilitation skills
that foster creativity and encourage civility and mutual respect among all participating
parties. Strategies to achieve this goal might include:
• Deal openly with differing levels of knowledge and conflict in order to maximize
public input.
• Balance proactive and reactive techniques to ensure input is representative and
inclusive.
• Address both agreement on validity of the facts and understanding of varied
opinions and values.
5. Conduct broad outreach efforts as well as targeted efforts to attract specific shoreline
stakeholders and groups.
6. Sustain the participation of interested parties throughout the update process.
Key Parties
Key parties to engage during the Shoreline Master Program update include the following:
• Shoreline Master Program Citizen Advisory Committee (CAC)
• Shoreline property owners
• Medina City Council
• Medina Planning Commission
• Medina Park Board
• Medina City Staff
• Local dock and shoreline contractors
• Local residents and park users
• State agencies
• Neighboring jurisdictions (e.g. Hunts Point, Yarrow Point, Clyde Hill, Bellevue)
Public Participation Methods and Tools
The following public participation methods and tools will be used as part of the SMP Update
process:
1. Citizen Advisory Committee: (Composing of members from the planning
commission, park board and other stakeholders whose purpose is to work with City staff
by making informal policy and regulatory recommendations through a series of public
meetings.)
Advantages:
✓ Excellent for discussions on criteria or analysis of alternatives
January 11, 2010 City of Medina SMP Update
Public Participation Plan
✓ Ability to draw on other members to answer difficult questions
✓ Builds credibility with key stakeholders
✓ Maximizes feedback from participants
✓ Good forum for achieving informed consent
Possible drawbacks:
✓ Certain members may dominate group discussion
✓ Viewpoints of the committee may not reflect wider interests
✓ Care must be taken to make sure members are a good reflection of the community
as a whole
✓ Active facilitation is necessary
2. Public Meetings/ Workshops:
Advantages:
✓ Excellent for discussion on criteria or analysis of alternatives
✓ Fosters small group or one-to-one communication
✓ Ability to draw on other team members to answer difficult questions
✓ Builds credibility
✓ Maximizes feedback from a variety of participants
✓ Fosters public ownership in solving problems
Possible drawbacks:
✓ Several small -group facilitator may be necessary
✓ Difficult forum for achieving informed consent
3. Fact Sheets/ Newsletters:
Advantages:
✓ Offers additional details on various subjects
✓ Reaches out to a broader audience
Possible drawbacks:
✓ Resource intensive — costs and time
✓ Doesn't necessarily facilitate public feedback
4. Outreach Via Electronic Network:
Advantages:
✓ Offers additional details on various subjects
✓ Reaches out to a broader audience
✓ Allows input to be provided at the participants convenience
Possible drawbacks:
✓ Resource intensive — costs and time
✓ Requires extra steps towards notifying the public
January 11, 2010 City of Medina SMP Update
Public Participation Plan
✓ Not everyone has computer access
Initial public outreach will begin with a public open house. Information from the draft inventory
and characterization report will be shared and major issues identified. This event will be used
to provide a baseline of information and generate interest in the update process. It will be
important for hearing the initial views of various groups and interests, and the broader citizenry
as well. The event will also be used as a key opportunity to identify stakeholders who would be
willing to participate in the Citizen Advisory Committee.
Project Timeline: Opportunities for Public Input
Phase 1: Preliminary Assessment and Inventory of Shorelines
1. Notify state agencies and affected tribes
a. Create agency and tribe mailing list.
b. Craft and mail letter requesting all available and relevant information.
2. Introduce proiect and public participation elan to the City Council in a brief studv session
a. Prepare a project process and timeline summary for the City Council.
b. Introduce project to City elected officials, define state requirements and the
scope of local influence, and present the public participation plan.
c. If City Council request revisions, send amended version to Ecology for approval.
3. Notify public about initiation of Shoreline Master Proaram Update Process
a. Create project title/slogan for easy, positive recognition.
b. Provide project information on the City's website, the newspaper, city hall and
potentially other in key locations to inform the general/larger public.
c. Identify how to reach property owners and residents (e.g. tax record mailing
addresses may not be particularly effective for many waterfront property owners
if trusts or other third parties are involved).
d. Send an informational mailing to all property owners within the shoreline
jurisdictional area.
e. Consider a wider mailing to all property owners within the City as this may be
feasible because on the smaller size of Medina.
Phase 2: Shoreline Analysis and Characterization
1. Public Open House/Workshop #1 (Winter/Spring 2010)
a. Advertise and hold a public open house to explain update process.
b. Clearly identify the role of the SMA, scope of state requirements and local
influence.
c. Share information from the draft Shoreline Inventory and Characterization
Report, including maps and key findings.
d. Provide education on shoreline functions, impacts and preferred uses.
e. Seek input on shoreline vision and public access.
f. Seek input on resource protection and restoration
g. Seek public input on shoreline conditions, issues and opportunities.
h. Encourage and identify potential members for the Citizen's Advisory Committee.
January 11, 2010 City of Medina SMP Update
Public Participation Plan
2. Establish Shoreline Master Proaram Citizen Advisory Committee (Spring 2010)
a. Identify and contact interested parties identified through public workshop #1,
members of the Planning Commission, Park Board, shoreline property owners
and other stakeholders that represent the range of interests and expertise found
in the City for membership on the Citizen Advisory Committee.
b. Include a clear statement of the required commitment, timeline and project
O process "snapshot" visual for inclusion in the mailing to prospective Citizen
o Advisory Committee members.
c. If we encounter difficulty identifying Citizen Advisory Committee members, work
with City Council members to encourage participation or consider using
additional Planning Commission and/or Park Board members.
od. Send out an early "heads up" notice to members identified for participation on
o this Citizen Advisory Committee. Plans currently call for a Citizen Advisory
Committee of 7-9 members.
3. Citizen Advisory Committee Meetina #1 (June 2010) — Establish common base of
knowledge — Shoreline Analysis and Characterization
a. Review project objectives, scope and opportunities for stakeholder influence.
b. Share scientific information that has been collected through shoreline analysis
and characterization reports and maps.
c. Provide an opportunity for stakeholders to provide anecdotal information and
first-hand knowledge of habitat features, history, opportunities and problems.
d. Share photos of near -shore conditions, educate about related ecological
functions and obtain citizen preferences on shoreline opportunities
e. Bring in outside speakers (check on WRIA 8 (Water Resource Inventory Area)
Steering Committee, Ecology, NOAA Fisheries, and King County for possible
speakers).
f. Identify shoreline management issues of local concern.
4. Website Project Update #1 (Summer 2010)
a. Post project update describing key findings of the shoreline analysis and
characterization at City Hall and on the City's website.
b. Consider issuing a broader news release
Phase 3: Shoreline Policy, Environmental Designation, and Regulation Development
1. Additional Shoreline Visioning (Summer 2010)
a. Share results of shoreline visioning and other input from Public Workshop #1
b. Encourage residents to share additional input on the vision for the shoreline via
website or email.
c. Consider an additional Citizen Advisory Committee meeting or public workshop.
2. Citizen Advisory Committee Meetina #2 and #3 (July-Auaust 2010) — Review and
Discuss proposed changes to Shoreline Environmental Designations, Goals and Policies
a. Review and discuss proposed general SMP policies and regulations.
b. Review and discuss proposed environmental designations.
c. Explore and document stakeholders' views about specific possible changes to the
SMP.
January 11, 2010 City of Medina SMP Update
Public Participation Plan
3. Citizen Advisory Committee Meeting #4 and #5 (Fall 2010) — Review and Discuss
proposed changes to Specific Shoreline Use and Modification Polices, Reaulations and
Standards
a. Review and discuss proposed shoreline use and modification activity goals and
policies by environmental designation.
b. Review and discuss proposed permitted and prohibited uses by environmental
designation.
c. Review and discuss bulk dimensional standards (buffers, setbacks, density, etc.)
by environmental designation.
4. Website Project Update #2 (Fall 2010)
a. Issue news release and website project update describing preliminary Draft SMP
goals, policies, and regulations.
b. Encourage public input on preliminary Draft SMP.
5. Public Open House/Workshop #2 (Early 2011) — Review and Discuss Draft SMP
a. Provide an opportunity for community members to provide additional comments
on Draft SMP.
b. Identify additional areas for refinement
6. City Council Update (Winter/Spring 2011)
a. Provide a brief update to City Council members on the first community meeting
to discuss community priorities and concerns.
Phase 4: Cumulative Impacts Analysis and Restoration Planning
1. News Release and Project Update #3
a. Post revised Draft SMP
b. Issue public notice and post website project update describing the upcoming
Cumulative Impacts Analysis and Draft Restoration Plan.
2. Citizen Advisory Committee Meeting #6 and #7 (Spring _2011) — Review and Discuss
Cumulative Impacts Report, Draft Restoration Plan and any necessary changes to the
Draft SMP as a result
a. Review and discuss report on Cumulative Impacts
b. Review and discuss Draft Restoration Plan
c. Solicit input on
i. How to increase public shoreline access,
ii. Past shoreline restoration efforts, and
iii. Specific opportunities for shoreline restoration in the future.
3. City Council Update (Summer 2011)
a. Meet with City Council to discuss Draft SMP and discuss any significant changes
or revisions to components of the Draft SMP.
4. Complete all revisions to SMP documents based on additional analysis and public input
received to date (Fall 2011)
January 11, 2010 City of Medina SMP Update
Public Participation Plan
Phase 5: Shoreline Master Program Adoption Process
N 1. News Release and Project Update #4:
04 a. Issue news release and post website project update describing timeline for
a) Planning Commission and City Council adoption process.
2. Series of study sessions and public hearings held by the Medina Planning Commission
and City Council. Draft is adopted by City and sent to Department of Ecology by
January 2012.
0
z 3. Following City Council action, distribute to stakeholders the City Council's response to
input and any final Department of Ecology comments and revisions prior to final
adoption (by June 30, 2012)
January 11, 2010 City of Medina SMP Update
ATTACHMENT A
.. -
Revised Code of Washington (RCW)
State Rule (WAC) Requirements for Public Involvement, Communication, and
Coordination
1. Document public involvement throughout SMP development process and comply with local
process for approving and amending shoreline master programs.
a. WAC 173-26-201(3)(b)(i)
b. WAC 173-26-090 and 100
c. For Shorelines of Statewide Significance, see WAC 173-26-251(3)(a)
2. Document communication with state agencies and affected Indian tribes throughout SMP
development.
a. WAC 173-26-201(3)(b)(ii) and (iii)
b. WAC 173-26-100(3)
c. For SSWS, see WAC 173-26-251(3)(a)
3. Comply with the public participation requirements of the growth management act (see RCW
36.70A.130, 140 and related WAC).
The text of the WAC sections cited above and the WAC and RCW sections they refer
to are included below:
WAC 173-26-2O1(3)(b)(i)
(b) Participation process.
(i) Participation requirements. Local government shall comply with the provisions of
RCW 90.58.130 which states:
"To insure that all persons and entities having an interest in the guidelines and master
programs developed under this chapter are provided with a full opportunity for involvement in
both their development and implementation, the department and local governments shall.•
(1) Make reasonable efforts to inform the people of the state about the shoreline
management program of this chapter and in the performance of the responsibilities provided in
this chapter, shall not only invite but actively encourage participation by all persons and private
groups and entities showing an interest in shoreline management programs of this chapter; and
(2) Invite and encourage participation by all agencies of federal, state, and local
government, including municipal and public corporations, having interests or responsibilities
relating to the shorelines of the state. State and local agencies are directed to participate fully
to insure that their interests are fully considered by the department and local governments,"
Additionally, the provisions of WAC 173-26-100 apply and include provisions to assure proper
public participation and, for local governments planning under the Growth Management Act, the
provisions of RCW 36.70A.140 also apply.
January 11, 2010 City of Medina SMP Update
At a minimum, all local governments shall be prepared to describe and document their methods
to ensure that all interested parties have a meaningful opportunity to participate.
(ii) Communication with state agencies. Before undertaking substantial work, local
governments shall notify applicable state agencies to identify state interests, relevant regional
and statewide efforts, available information, and methods for coordination and input. Contact
the department for a list of applicable agencies to be notified.
(iii) Communication with affected Indian tribes. Prior to undertaking substantial
work, local governments shall notify affected Indian tribes to identify tribal interests, relevant
tribal efforts, available information and methods for coordination and input. Contact the
individual tribes or coordinating bodies such as the Northwest Indian Fisheries Commission, for
a list of affected Indian tribes to be notified.
(c) Inventory shoreline conditions. Gather and incorporate all pertinent and available
information, existing inventory data and materials from state agencies, affected Indian tribes,
watershed management planning, port districts and other appropriate sources. Ensure that,
whenever possible, inventory methods and protocols are consistent with those of neighboring
jurisdictions and state efforts. The department will provide, to the extent possible, services and
resources for inventory work. Contact the department to determine information sources and
other relevant efforts. Map inventory information at an appropriate scale.
Local governments shall be prepared to demonstrate how the inventory information was used in
preparing their local master program amendments.
Collection of additional inventory information is encouraged and should be coordinated with
other watershed, regional, or statewide inventory and planning efforts in order to ensure
consistent methods and data protocol as well as effective use of fiscal and human resources.
Local governments should be prepared to demonstrate that they have coordinated with
applicable inter jurisdictional shoreline inventory and planning programs where they exist. Two
or more local governments are encouraged to jointly conduct an inventory in order to increase
the efficiency of data gathering and comprehensiveness of inventory information. Data from
inter jurisdictional, watershed, or regional inventories may be substituted for an inventory
conducted by an individual jurisdiction, provided it meets the requirements of this section.
WAC 173-26-090 Periodic review -- Public involvement encouraged -- Amendment
of comprehensive plans, development regulations and master programs.
Each local government should periodically review a shoreline master program under its
jurisdiction and make amendments to the master program deemed necessary to reflect
changing local circumstances, new information or improved data. Each local government shall
also review any master program under its jurisdiction and make amendments to the master
program necessary to comply with the requirements of RCW 90.58.080 and any applicable
guidelines issued by the department. When the amendment is consistent with chapter 90.58
RCW and its applicable guidelines, it may be approved by local government and the department
or adopted by rule when appropriate by the department.
In developing master programs and amendments thereto, the department and local
governments, pursuant to RCW 90.58.130 shall make all reasonable efforts to inform, fully
involve and encourage participation of all interested persons and private entities, and agencies
January 11, 2010 City of Medina SMP Update
of the federal, state or local government having interests and responsibilities relating to
shorelines of the state and the local master program.
Counties and cities planning under chapter 36.70A RCW, shall.establish and broadly disseminate
to the public a public participation program identifying procedures whereby proposed
amendments of the comprehensive plan and development regulations relating to shorelines of
the state will be considered by the local governing body consistent with RCW 36.70A.130. Such
procedures shall provide for early and continuous public participation through broad
dissemination of informative materials, proposals and alternatives, opportunity for written
comments, public meetings after effective notice, provision for open discussion, and
consideration of and response to public comments.
WAC 173-26-100 Local process for approving/amending shoreline master
programs.
Prior to submittal of a new or amended master program to the department, local government
shall solicit public and agency comment during the drafting of proposed new or amended
master programs. The degree of public and agency involvement sought by local government
should be gauged according to the level of complexity, anticipated controversy, and range of
issues covered in the draft proposal. Recognizing that the department must approve all master
programs before they become effective, early and continuous consultation with the department
is encouraged during the drafting of new or amended master programs. For local governments
planning under chapter 36.70A RCW, local citizen involvement strategies should be
implemented that insure early and continuous public participation consistent with WAC 365-
195-600.
At a minimum, local government shall:
(1) Conduct at least one public hearing to consider the draft proposal;
(2) Publish notice of the hearing in one or more newspapers of general circulation in the
area in which the hearing is to be held. The notice shall include:
(a) Reference to the authority(s) under which the action(s) is proposed;
(b) A statement or summary of the proposed changes to the master program;
(c) The date, time, and location of the hearing, and the manner in which interested
persons may present their views; and
(d) Reference to the availability of the draft proposal for public inspection at the local
government office or upon request;
(3) Consult with and solicit the comments of any persons, groups, federal, state, regional, or
local agency, and tribes, having interests or responsibilities relating to the subject shorelines or
any special expertise with respect to any environmental impact. The consultation process
should include adjacent local governments with jurisdiction over common shorelines of the
state;
(4) Where amendments are proposed to a county or regional master program which has
been adopted by cities or towns, the county shall coordinate with those jurisdictions and verify
concurrence with or denial of the proposal. For concurring jurisdictions, the amendments should
be packaged and processed together. The procedural requirements of this section may be
consolidated for concurring jurisdictions;
(5) Solicit comments on the draft proposal from the department prior to local approval. For
local governments planning under the Growth Management Act, the local government shall
notify both the department and the department of community, trade, and economic
January 11, 2010 City of Medina SMP Update
development of its intent to adopt shoreline policies or regulations, at least sixty days prior to
final local approval, pursuant to RCW 36.70A.106;
(6) Comply with chapter 43.21C RCW, the State Environmental Policy Act; and
(7) Approve the proposal.
WAC 173-26-251 Shorelines of statewide significance.
(1) Applicability. The following section applies to local governments preparing master
programs that include shorelines of statewide significance as defined in RCW 90.58.030.
(2) Principle. Chapter 90.58 RCW raises the status of shorelines of statewide
significance in two ways. First, the Shoreline Management Act sets specific preferences for uses
of shorelines of statewide significance. RCW 90.58.020 states:
" The legislature declares that the interest of all of the people shall be paramount in the
management of shorelines of statewide significance. The department, in adopting guidelines for
shorelines of statewide significance, and local government, in developing master programs for
shorelines of statewide significance, shall give preference to uses in the following order of
preference which:
(1) Recognize and protect the statewide interest over local interest,
(2) Preserve the natural character of the shoreline;
(3) Result in long term over short term benefit;
(4) Protect the resources and ecology of the shoreline;
(5) Increase public access to publicly owned areas of the shorelines;
(6) Increase recreational opportunities for the public in the shoreline;
(7) Provide for any other element as defined in RCW 90.58.100 deemed appropriate or
necessary."
Second, the Shoreline Management Act calls for a higher level of effort in implementing its
objectives on shorelines of statewide significance. RCW 90.58.090(5) states:
" The department shall approve those segments of the master program relating to
shorelines of statewide significance only after determining the program provides the
optimum implementation of the policy of this chapter to satisfy the statewide interest."
Optimum implementation involves special emphasis on statewide objectives and consultation
with state agencies. The state's interests may vary, depending upon the geographic region,
type of shoreline, and local conditions. Optimum implementation may involve ensuring that
other comprehensive planning policies and regulations support Shoreline Management Act
objectives.
Because shoreline ecological resources are linked to other environments, implementation of
ecological objectives requires effective management of whole ecosystems. Optimum
implementation places a greater imperative on identifying, understanding, and managing
ecosystem -wide processes and ecological functions that sustain resources of statewide
importance.
(3) Master program provisions for shorelines of statewide significance. Because
shorelines of statewide significance are major resources from which all people of the state
derive benefit, local governments that are preparing master program provisions for shorelines
of statewide significance shall implement the following:
January 11, 2010 City of Medina SMP Update
(a) Statewide interest. To recognize and protect statewide interest over local interest,
consult with applicable state agencies, affected Indian tribes, and statewide interest groups and
consider their recommendations in preparing shoreline master program provisions. Recognize
and take into account state agencies' policies, programs, and recommendations in developing
use regulations. For example, if an anadromous fish species is affected, the Washington state
departments of fish and wildlife and ecology and the governor's salmon recovery office, as well
as affected Indian tribes, should, at a minimum, be consulted.
(b) Preserving resources for future generations. Prepare master program provisions
on the basis of preserving the shorelines for future generations. For example, actions that
would convert resources into irreversible uses or detrimentally alter natural conditions
characteristic of shorelines of statewide significance should be severely limited. Where natural
resources of statewide importance are being diminished over time, master programs shall
include provisions to contribute to the restoration of those resources.
(c) Priority uses. Establish shoreline environment designation policies, boundaries, and use
provisions that give preference to those uses described in RCW 90.58.020 (1) through (7). More
specifically:
(i) Identify the extent and importance of ecological resources of statewide importance
and potential impacts to those resources, both inside and outside the local government's
geographic jurisdiction.
(ii) Preserve sufficient shorelands and submerged lands to accommodate current and
projected demand for economic resources of statewide importance, such as commercial
shellfish beds and navigable harbors. Base projections on statewide or regional analyses,
requirements for essential public facilities, and comment from related industry associations,
affected Indian tribes, and state agencies.
(iii) Base public access and recreation requirements on demand projections that take
into account the activities of state agencies and the interests of the citizens of the state to visit
public shorelines with special scenic qualities or cultural or recreational opportunities.
(d) Resources of statewide importance. Establish development standards that:
(i) Ensure the long-term protection of ecological resources of statewide importance,
such as anadromous fish habitats, forage fish spawning and rearing areas, shellfish beds, and
unique environments. Standards shall consider incremental and cumulative impacts of permitted
development and include provisions to insure no net loss of shoreline ecosystems and
ecosystem -wide processes.
(ii) Provide for the shoreline needs of water -oriented uses and other shoreline economic
resources of statewide importance.
(iii) Provide for the right of the public to use, access, and enjoy public shoreline
resources of statewide importance.
(e) Comprehensive plan consistency. Assure that other local comprehensive plan
provisions are consistent with and support as a high priority the policies for shorelines of
statewide significance. Specifically, shoreline master programs should include policies that
January 11, 2010 City of Medina SMP Update
incorporate the priorities and optimum implementation directives of chapter 90.58 RCW into
comprehensive plan provisions and implementing development regulations.
RCW 90.58.130 Involvement of all persons and entities having interest means.
To insure that all persons and entities having an interest in the guidelines and master programs
developed under this chapter are provided with a full opportunity for involvement in both their
development and implementation, the department and local governments shall:
(1) Make reasonable efforts to inform the people of the state about the shoreline
management program of this chapter and in the performance of the responsibilities provided in
this chapter, shall not only invite but actively encourage participation by all persons and private
groups and entities showing an interest in shoreline management programs of this chapter; and
(2) Invite and encourage participation by all agencies of federal, state, and local
government, including municipal and public corporations, having interests or responsibilities
relating to the shorelines of the state. State and local agencies are directed to participate fully
to insure that their interests are fully considered by the department and local governments.
RCW 36.70A.140 Comprehensive plans -- Ensure public participation.
Each county and city that is required or chooses to plan under RCW 36.70A.040 shall establish
and broadly disseminate to the public a public participation program identifying procedures
providing for early and continuous public participation in the development and amendment of
comprehensive land use plans and development regulations implementing such plans. The
procedures shall provide for broad dissemination of proposals and alternatives, opportunity for
written comments, public meetings after effective notice, provision for open discussion,
communication programs, information services, and consideration of and response to public
comments. In enacting legislation in response to the board's decision pursuant to RCW
36.70A.300 declaring part or all of a comprehensive plan or development regulation invalid, the
county or city shall provide for public participation that is appropriate and effective under the
circumstances presented by the board's order. Errors in exact compliance with the established
program and procedures shall not render the comprehensive land use plan or development
regulations invalid if the spirit of the program and procedures is observed.
WAC 365-195-600 Public participation.
(1) Requirements. Each county and city planning under the act shall establish procedures
for early and continuous public participation in the development and amendment of
comprehensive land use plans and development regulations implementing such plans. The
procedures shall provide for broad dissemination of proposals and alternatives, opportunity for
written comments, public meetings after effective notice, provision for open discussion,
communication programs, information services, and consideration of and response to public
comments. Errors in exact compliance with the established procedures shall not render the
comprehensive plan or development regulations invalid if the spirit of the procedures is
observed.
(2) Recommendations for meeting requirements. The recommendations made in this
subsection are intended as a list of possible choices, but it is recognized that meaningful public
January 11, 2010 City of Medina SMP Update
participation can be accomplished without using all of the suggestions made here or by
adopting other methods.
(a) Public involvement in plan and regulation development.
(i) In designing its public participation program, each planning jurisdiction should
endeavor to involve the broadest cross-section of the community, so that groups not previously
involved in planning become involved. The programs should include efforts to explain that
citizen input is an essential part of the planning process and provide a framework for advising
citizens about timelines for steps in the process and when citizen input will be sought.
(ii) Visioning. The public should be involved at the earliest possible time in the process
of comprehensive planning under the act. This should begin with a visioning process in which
the public is invited to participate in a broad definition of the kind of future to be sought for the
community. The results of this process should then be incorporated into the plan features,
including, but not limited to, locally adopted levels of service and densities selected for
commercial, industrial, and residential development.
(iii) Planning commission. In the process of plan development, full use should be made
of the planning commission as a liaison with the public.
(iv) Public meetings on draft plan. Once the plan is completed in draft form, or as parts
of it are drafted, a series of public meetings or workshops should be held at various locations
throughout the jurisdiction to obtain public reaction and suggestions.
(v) Public hearings. When the final draft of the plan has been completed, at least one
public hearing should be held prior to the presentation of the final draft to the legislative
authority of the jurisdiction adopting it. When the plan is proposed for adoption, the legislative
authority should conduct another public hearing prior to voting on adoption.
(vi) Written comment. At each stage of the process when public input is sought,
opportunity should be provided to make written comment.
(vii) Communication programs and information services. Each jurisdiction should make
every effort to collect and disseminate public information explaining the act and the process
involved in complying with it. In addition, locally relevant information packets and brochures
should be developed and disseminated. Planners should actively seek to appear before
community groups to explain the act and the plan development process.
(viii) Proposals and alternatives. Whenever public input is sought on proposals and
alternatives, the relevant drafts should be reproduced and made available to interested persons.
(ix) Notice. Notice of all events at which public input is sought should be broadly
disseminated in advance through all available means, including flyers and news releases to print
and broadcast media. Notice should be published in a newspaper of general circulation at least
one week in advance of any public hearing. When appropriate, notices should announce the
availability of relevant draft documents on request.
(x) All meetings and hearings to which the public is invited should be free and open. At
hearings all persons desiring to speak should be allowed to do so, consistent with time
constraints.
January 11, 2010 City of Medina SMP Update
(xi) Consideration of and response to public comments. All comments and
recommendations of the public should be reviewed. Adequate time should be provided between
the time of any public hearing and the date of adoption of all or any part of the comprehensive
plan to evaluate and respond to public comments. The proceedings and all public hearings
should be recorded. A summary of public comments and an explanation of what action was
taken in response to them should be made in writing and included in the record of adoption of
the plan.
(xii) Every effort should be made to incorporate public involvement efforts into the SEPA
process.
(xiii) Except for the visioning effort, the same steps should precede the adoption of
development regulations as was used for the comprehensive plan.
(b) Continuous public involvement. The planning commission should monitor development
of both the plan and the development regulations. After these are adopted, the commission
should monitor compliance. The commission should report to the city or county at least annually
on possible amendments to the plan or development regulations. In addition at least annually,
the commission should convene a public meeting to provide information on how implementation
is progressing and to receive public input on changes that may be needed. When any
amendments are proposed for adoption, the same public hearing procedure should be followed
as attended initial adoption.
January 11, 2010 City of Medina SMP Update
ITEM CA-5
MEDINA CITY COUNCIL MEETING AGENDA BILL
SUBJECT/TITLE: ADA ACCESS FOR CITY HALL
CATEGORY:
® Consent ❑ Ordinance ❑ Public Hearing
❑ City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY: JOE WILLIS
BACKGROUND/SUMMARY:
The City Hall Architectural design consultant presented a schematic plan for City Hall
renovation and additions at the December 14, 2009 Council meeting. Several items were
presented including: the lower level police department floor plan, the main level administrative
services floor plan, and the upper level administrative offices floor plan; exterior building
elevation views; overall site plans that included an exterior ADA accessible route from the
upper parking lot to the lower level Police Station, underground emergency generator and fuel
tank, and a potential future exterior elevator.
The plan to provide ADA access to the lower police department level is to pave the present
gravel walking and maintenance access driveway that extends from the east side of the
parking lot around the lower overlook stair steps to the lower level walkway where it will join
with the stairway along the south side of the City Hall building.
The approval of the schematic plan will enable the architect team to proceed with the final
design and preparation of bid documents for the project. The present schedule for completion
of the design and to advertise the project for bid is April 15th. The estimated cost for the
construction based on the present schematic plans excluding the emergency generator
undergrounding is $ 1,339,616 (including a 31/6 escalation factor, a 20% design contingency,
and a 5% contingency for building structural upgrades).
BUDGET/FISCAL IMPACT: None at this time
STAFF RECOMMENDATION: Approve the City Hall Schematic Plans
CITY MANAGER REVIEW: &}-
.PROPOSED COUNCIL MOTION: "I move to approve the Group Mackenzie Architectural Schematic
Plans for the City Hall Renovation and Additions Project."
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BICKFORD
December 31, 2009
Joe Willis, PE, PLS
Director of Public Works
City of Medina
Mr. Willis,
We are pleased to submit a proposal regarding a new 2009 F450 four wheel drive with a 9 foot dump
body with folding sides. Below are specifications and prices.
2009 F450 4 wheel drive
6.4 liter diesel engine
Automatic transmission
Air Conditioning
LT 225/70R19.5 Traction tires
4.88 limited slip rear axle
Locking front axle
16,500 lb GVWR
Engine block heater
Snow Plow Package
Trailer brake controller
Tilt steering wheel
Crise control
Jack
Engine idle shutdown
Battery upgrade
Color: white
Vinyl bench seat with armrest, color: stone
Daytime running lights
9 foot Crysteel "E" tipper with fold down sides (see attachment), color: black or white
2" receiver hitch package with D-Rings and 7 prong flat RV style plug.
Retail price $54740
City of Medina price $42,286 plus appropriate tax and license fees.
To obtain this price the City of Medina's Fleet Identification Number of QJ072 will be used to obtain
proper government price concession with Ford Motor Company.
Please contact me with any questions you may have regarding this proposal.
Todd Spradlin
Bickford Motors Commercial Acct. Mgr.
(360) 563-0902
todds@bickford.net
Page 136 of 218
ITEM OB-1
SUBJECT/TITLE: COUNCIL RETREAT AND MEETING SCHEDULE
CATEGORY:
❑ Consent ❑ Ordinance ❑ Public Hearing
® City Council Business ❑ Resolution ❑ Other - Discussion
STAFF REPORT BY: Donna Hanson
BACKGROUND/SUMMARY;
In 2009 Council met for 12 regular meetings on the second Monday of every month. Study sessions
were scheduled on an as needed basis when there were one or more topics that needed to be
discussed in more depth. There were a total of five special study sessions in 2009 outside the regular
meeting day, including a special meeting with legislators at Chinook Middle School and the retreat,
both held in March.
In 2008 and 2009 Council met with a facilitator during the month of March in a retreat setting (St.
Thomas) to discuss Council relations and strategic goal setting. Prior to this staff, who were here,
didn't think Councils met for a retreat every year.
Attachments: Medina City Council 2009 Strategic Goals
BUDGEWFISCAL IMPACT: N/A
STAFF RECOMMENDATION: Discussion of meeting schedule and retreat. Study sessions on an "as
needed basis" accomplished the work that needed to be done in 2009 and staff is comfortable with that.
If Council is comfortable with the adopted goals and chooses not to schedule a retreat, staff can work
within the existing priorities.
CITY MANAGER REVIEW:
PROPOSED COUNCIL MOTION. A MOTION TO CHANGE THE EXISTING SCHEDULE TO A NEW SCHEDULE
WILL BE NEEDED 1F COUNCIL DECIDES TO MAKE A CHANGE.
Page 137 of 218
ITEM OB-1
Medina City Council 2009 Strategic Goals
Adopted 5-11-09
The followina aoals are not listed in priority order but reflect the Cit
Council's Strategic Goals for roughly the next five to ten years.
A. Highway 520: Protect Medina's interests impacted by the SR
520 construction project including but not limited to lid design,
tolling, -transit; -park and -ride,- noise walls, -access to- -Seattle via
84t" and control of land use adjacent to the 520 right-of-way
B. Local Traffic: Develop a plan and implementation strategies for
traffic safety and calming, which may include more visible entry
points into the City, to discourage speeding and cut -through
traffic and encourage safe pedestrian and bicycle access
C. Public Safety: Reach a full complement of police staff and
promote public safety through policies that support education,
emergency preparedness, and effective and efficient use of
technology in order to maintain a safe and secure community
D. Facilities and Infrastructure: Develop and implement a capital
improvement plan that identifies needed projects and financing
strategies for city hall remodel, public works shop facilities,
park expansion, underground utilities, pedestrian walkways
and trails, and storm water improvements
E. Land Use: Ensure that Medina's Comprehensive Plan,
building and zoning codes protects the natural suburban
environment and the quality and character of the City through
processes that are clear and well understood and serve both
owners and neighbors
Page 138 of 218
SUBJECTITITLE: 2010 LEGISLATIVE AGENDA
CATEGORY:
❑ Consent
❑ Ordinance
® City Council Business ❑ Resolution
ITEM OB-2
❑ Public Hearing
❑ Other - Discussion
STAFF REPORT BY: Donna Hanson
__BACKGROUND/SUMMARY:
Attached is the Legislative Agenda approved by City Council in 2009. The purpose of the document is
to provide Council's direction for any communication of the City's position to state or local jurisdictions.
There doesn't appear to have been major changes in the priorities for the City in the past year, but
Council may want to make some changes before approving the final document. Also for your
information is a summary of the AWC legislative agenda adopted in December.
"The Governor and Legislature needed to close a $9 billion deficit in the state budget during the 2009
session. The state now faces an additional shortfall estimated at $2.6 billion that must be addressed
during the 2010 supplemental budget.
With that backdrop, the AWC Board of Directors adopted the 2010 legislative agenda on December 4,
2009. It's an ambitious list given the complexities of the upcoming 60 day session. The three major
priorities are: City flexibility package, Stormwater funding, and Street maintenance utility.
We have been working our top issues for months but success will be difficult given the state fiscal
position and only 60 days to accomplish our work."
Attachments: Draft 2010 Legislative Agenda for City of Medina
Details of AWC Legislative Priorities
BUDGET/FISCAL IMPACT: None
STAFF RECOMMENDATION: Discuss Council priorities and amend the draft as aDDropriate
CITY MANAGER REVIEW:
PROPOSED COUNCIL MOTION: "I move approval of the 2010 City of Medina Legislative agenda as
amended."
ITEM 013-2
City of Medina 2010 Draft Legislative issues
Transportation:
• Provide a funding/tolling solution to replace the SR 520 Bridge
• Construct Eastside improvements that were developed and agreed to that minimize the
impacts by providing lids on 92nd, 84th and Evergreen Point Road, noise walls, quiet
pavement, transit stops at 92nd and Evergreen Point Rd and other requirements to
minimize impacts regardless of Westside process
Financial:
• Allow local governments authority to levy property taxes that keep up with inflation and
ensures that cities keep their "banked capacity."
• Oppose creation of new countywide taxing authority without the approval of cities.
• Support additional flexibility to use REET revenues for operations and maintenance.
General Government:
• Resist attempts to impose additional requirements that diminishes the City's right to legal
counsel by undermining an attorney's ability to provide advice in executive sessions
• Oppose additional requirements in the Public Disclosure Act that would increase
compliance costs
Public Works:
• Oppose DOE's requirements to exceed Federal guidelines relating to the National
Pollutant Discharge Elimination System stormwater permit (NPDES) and continue
funding for cities to help meet the mandates of the NPDES permit requirements
• Retain City's local authority to manage public rights -of -ways for utility use
Public Safety:
• Oppose legislation that allows King County to illuminate services resulting in increased
costs to cities
• Support funding or funding options for city public safety purposes, including jail
construction
Community Development
• Provide funding for shoreline master program updates.
• Oppose legislation that mandates that cities address climate change issues in their
comprehensive plan and regulations.
Page 140 of 218
D e c e m b e r 2 0 0 9
AWC Board adopts 2010
. ASSOCIATION
legislative priorities Of: WASHINGTON
CMES
The governor and Legislature needed to close over a $9 billion deficit during the 2009 session.
The state now faces a new shortfall estimated at $2.6 billion that must be closed in the 2010
supplemental budget.The last time the state faced such a daunting gap was 25 years ago.
With that backdrop, the AWC Board of Directors adopted your 2010 legislative agenda last
week. It's an ambitious list. Success is going to be difficult. But we're already working the issues
and what will make a huge difference is your direct help.Your contacts from home create the
biggest, most significant impacts with legislators.
AWC's top priorities
City flexibility package
In 2009 AWC advanced a broad city flexibility package that
eased restrictions and requirements in areas like:
• Fiscal health
• Land use
• Infrastructure
• Community safety
• Public records
A big emphasis was placed on giving locals more authority
and flexibility with allocating existing revenues. Cities looked
to what the state did in adopting its 2009-1 1 budget.The
state gave itself flexibility as a way to deal with the state's
fiscal stress.Why shouldn't cities have the same latitude, even
if it was for a limited period?
This year,AWC continues to pursue ideas that give cities
fiscal flexibility and cost effective options. Cities want to be
able to decide locally how to allocate our resources.We
know what our communities want and we need the flexibility
to provide essential services in a way that makes fiscal sense.
Please see more information regarding the city flexibility
package in our fact sheet on our website at www.awcnet.org.
Municipal stormwater funding
137 cities are impacted by Phase I and II NPDES stormwater
requirements and Puget Sound cleanup work.These cities
need a long-term state funding mechanism to help them
meet the stormwater requirements. AWC will aggressively
pursue ESHB 1614 (from the 2009 session).The bill places
a barrel fee on unrefined oil — approximately $120 million a
year in revenue.
AWC remains open to alternative legislation that provides
equivalent funding. Please see more information regarding
stormwater funding in our fact sheet on our website at
www.awcnet.org.
Street maintenance utility —A city option
Just like the state's 18th amendment and the County Road
Levy, cities want a permanent transportation funding source
for basic street maintenance and preservation.Three out of
every four city transportation dollars depend on general fund
transfers. Street funding competes with other city services
coming out of the general fund.
AWC proposes to create a street maintenance utility,
similar to a sewer or water utility.With a city option utility,
charges are based on different types of trips made by users
and what it costs the city to maintain and preserve its
streets. Maintaining and preserving streets avoids costly
reconstruction.When compared to other approaches
like increasing property taxes, the city option is far more
equitable.
A successful utility starts with community awareness.
Extensive public involvement during the utility's creation
helps broaden community support for the option.
Accountability measures help boost public confidence,
showing that funds will only be used for street preservation.
Please see more information regarding street maintenance
utility in our fact sheet on our website at www.awcnet.org.
continued
Page 141 of 218
Association of Washington Cities 9 1076 Franklin St SE • Olympia,WA 98501 • www.awcnet.org
Other priorities
Brokered natural gas tax
Pursue legislation addressing the Court of Appeals decision
that:
• Impacts city collection of the brokered natural gas tax;
• Clarifies the definition of use; and
• Ensures equal treatment between business and residential
users.
State budget — Continued appropriation of
committed state funds
Cities must continue to closely monitor the state budget,
watching over their continued allocation of state -shared
revenues and state funds, including:
• Full mitigation for streamlined sales tax
• Continuation of the city -county assistance account
• Continuation of important shared revenues like the
criminal justice assistance account, liquor excise tax
account and liquor revolving account
• Maintenance of nearly full funding for local public health
jurisdictions.
Fire hydrant general fund responsibility
In October 2008 the Supreme Court ruled that fire hydrants
are a general government responsibility, paid for by the
local government's general fund. Many water utilities now
cover the charges for this service. Cities with their own
water utility must pay for the service out of their general
fund. If they receive service from another city or water
utility district, they'll be billed by that jurisdiction.This adds
a greater burden to each city's general fund.With many
questions still remaining over the ruling,AWC will pursue a
legislative clarification.
Oppose the requirement to tape executive
sessions and any restrictions of attorney -client
privilege or attorney work product
Pursue pro -active public records proposals that
address some of the problems that accompany
burgeoning public records requests
AWC staff will work with other local government
associations to identify proposals for 2010.
Pursue a change in population thresholds that
determine the availability of local funds and the
number of counciimembers for cities that host
correctional facilities
This bill affects the cities of Connell and Airway Heights.
When a public facility like a state prison is located within a
small city's boundaries, the increased population disqualifies
the city from receiving small city pavement and sidewalk
funds.The city also doesn't receive additional property or
sales tax revenue to offset the loss.
A city with a prison population increase is required to
expand its council, going from five to seven counciimembers.
For the purposes of eligibility for small city pavement and
sidewalk fund and changing the number of council seats, this
bill gives cities the option of including or not including the
state correctional facility population.
Increase existing grant and loan programs to stay
current with construction inflation, including:
• Public Works Assistance Account (Public Works Trust
Fund) — stormwater component, high growth area grants/
loans, housing component
• Transportation Improvement Board
• WSDOT Highways and Local Programs (bicycle/
pedestrian programs)
• MTCA (Model Toxics Control Act) funding for one-time
capital investments
Transportation Benefit Districts
Clarify that projects within a local capital facilities plan
are eligible expenses in aTBD instead of by reference;
Enable latecomer fees to be applied to projects not
"owned" by the TBD (i.e. a state highway); and
Pursue repeal of the 10 year sunset on voter approved
sales tax.This would allow bonding of this revenue
stream.
Pursue taxable bond issuance flexibility
The advent of Build America Bonds highlights the challenge
a city council (or other public entities) faces when investors
sign up to purchase the bonds — the council frequently
must approve the sale within minutes. Coordinating city
councilmember's schedules to pursue this action (and
potentially save taxpayer money) is problematic.
continued
Page 142 of 218
Association of Washington Cities • 1076 Franklin St SE s Olympia,WA 98501 • www.awcnet.org
The proposed solution:Allow the city governing body to
adopt a bond ordinance or bond resolution, and delegate
to an authorized representative the authority to finalize
the maturity amounts, interest rates, etc — all within tight
parameters fixed by the governing body.
Funding for gang intervention and prevention
activities
• Support local tools and innovation for gang prevention
and intervention; seek sustainable, ongoing funding
for gang prevention and intervention, graffiti removal
programs, and law enforcement suppression activities.
• Support the creation of new offenses for criminal gang
intimidation and school criminal gang intimidation and
sentence enhancements for gang -related offenses.
Limiting liability for local government
• Continue to pursue reforms that limit joint liability for
public entities, especially in the context of proposed
expanded wrongful death claimants and damages;
• Continue to work to amend the law so that juries know
if a person involved in an injury accident was wearing his
or her seatbelt; and
• Do not advance legislation relating to establishing a willful
and wanton level of misconduct for emergency workers,
but support others who may wish to take the lead.
Public safety impacts of charging decisions and
expanding caseload and subject matter jurisdiction
in municipal court
If additional cases are shifted to cities and municipal
courts, continue to insist on a reasonable increase and seek
funding to assist with this new caseload and public safety
implications of charging decisions. Require counties to charge
misdemeanants in Superior Court, within the threshold limits
for which they are responsible.
Reform of annexation statutes and those dealing
with the role of cities, counties and special purpose
districts in urban areas
AWC will look for opportunities to advance any annexation
and/or governance reform if and when the opportunity
arises. Example: Joint planning in unincorporated urban
growth areas.
Climate change issues
Action shifted to Congress and it's not anticipated that major
legislation will be introduced this session.AWC will look for
opportunities to facilitate local actions to address climate
change issues and impacts. Continue to defend against
mandates for minimum density around transit stations.
Land use/Gambling
Not likely that this issue will be addressed this session.
However,AWC will look for opportunities to defend cities'
ability to fully ban gambling and seek legislation that provides
cities the ability to zone and partially ban gambling facilities if
the opportunity arises.
Puget Sound Partnership/Action Plan
Possible legislation introduced to ban copper brake pads.
AWC will monitor and support other ideas that help protect
and restore the Sound's health with emphasis on need for
long-term state funding.
Best Available Science help for smaller cities
Pursue help for small cities to address BAS in their next
update or defer requirement to update in the smallest cities
and towns that aren't growing (may be part of Flexibility
Package).
Housing affordability
• Support legislation/budget ideas that address affordable
housing through infrastructure funding and new fiscal
incentives;
• Work with coalitions to identify and remove barriers to
crating new affordable or workforce housing;
• Oppose new mandates or pre-emptive zoning legislation;
and
• Closely monitor and respond to proposed reductions
in existing housing support programs for low-income or
disadvantaged residents.
Information to landowners on being in an
unincorporated UGA
AWC will consult with county assessors, seeking their
support, and introduce legislation.
UGA expansion in flood plains under certain
conditions
Follow-up to legislation from 2009 session.AWC will support
language worked out between Mt.`dernon and the bills prime
sponsor (Rep. Scott White, D-Seattle).
continued
Page 143 of 218
Association of Washington Cities • 1076 Franklin St SE • Olympia,WA 98501 • www.awcnet.org
Issues to endorse
E91 1 funding
Support efforts to:
• Secure additional funding needed to keep pace with
advances in technology such as VoIP, photos, video, instant
messaging and text messages; and
• Ensure the tax base is comprehensive by amending
the current statute to insure the tax is levied on all
technologies.
False alarm information
Seek an exemption for false alarm information under RCW
42, public records — City of Spokane
Amend public records disclosure requirements for
"complainants"
A City of Everett proposal that would allow the city
to withhold a complainant's name whenever disclosure
endangers the complainant.
Community Facilities Districts — Enabling
legislation
• Cities create a CFD through an ordinance process.
• Essentially an LID, but enables the funding of
infrastructure outside of the defined area.
• Developer imposes tax —the tax is not part of the city's
tax capacity.
Permanently fund the Community Economic
Revitalization Board (CERB)
Seek permanent revenue for CERB and support technical
corrections. CERB authority was modified in 2008-- it retains
a 75% rural/urban split for the first $20M appropriated.
$20M and over is a 50%/50% rural/urban split.
State brownfield redevelopment funding
EPA provides assessment grants on a nationally competitive
basis, and the State's Brownfields revolving loan program is
$5.9 million federally -funded. However, assessment grants
are too few, and loans do not work for everyone, especially
municipal governments. Increasing the state's program and
adding a grants component will clean up the environment
and generate new development, infilling, and higher tax
revenues.
Communications infrastructure — Interoperability
Example: Spokane region requires a communications
infrastructure investment ranging from $44 million to $88
million, including financing expenses.Area voters recently
passed a one -tenth of one percent sales tax measure to
provide initial infrastructure funding as well as instituting a
reverse 911 system, providing sustenance to the 911 system
and augmenting a crime reporting system.The sales tax
measure does not raise enough revenue to implement all of
the initiatives included in the successful ballot issue. Progress
on the infrastructure depends on the region receiving federal
or state grants.
Assault by vehicle
Support Seattle as it works to amend current law to allow a
local option for criminalizing "assault by vehicle."
Basic Law Enforcement Training Academy (BLEA)
funding
AWC will continue to support additional BLEA funding
to ensure that cities have adequate capacity to train new
police officers and support appropriate and effective training
methods.
City access to criminal background checks for
license enforcement
Support legislation that would authorize the state patrol to
conduct criminal background checks, including NCIC access,
for for -hire license applicants when requested by the city.
Photo -enforcement authority
Support legislation to broaden and clarify authority for cities
to use photo -enforcement.
Water/sewer districts: utility taxes and
assumptions
For many years,AWC opposed efforts by districts to
eliminate the authority of cities to assume (takeover) all or
portions of districts serving cities. For the past several years,
districts opposed efforts byAWC to allow cities served in
whole or part by districts to charge city customers a utility
tax.A compromise has been reached that would allow a city
to impose the utility tax, but if in the future an assumption is
sought in that city, it may be done only by a vote of district
customers.
continued
Page 144 of 218
Association of Washington Cities • 1076 Franklin St SE 9 Olympia,WA 98501 • www.awcnet.org
Annexation to fire protection district
AWC will endorse legislation amending RCW 52.04.061 to
allow cities with population exceeding 100,000 to annex to a
fire protection district.
Issues to strongly defend against
B&O tax/business license fee
Oppose any changes advanced that further negatively impact
local B&O tax revenues.
Utility lien authority
Defend against proposals to eliminate the utility lien
authority or the authority of cities to collect unpaid utility
bills from property owners.
No additional diversion from the Public Works
Trust Fund
Support more funding for infrastructure and economic
development — not the redirecting of existing funds.
Issues to monitor
Clean-up of disincorporation statutes
City of Spokane Valley is pursuing.
Mitigating medical costs for offenders
Pursue state funding to help local jurisdictions pay for
offender medical costs; seek assistance with mental health
costs to reduce impacts on the criminal justice system.
Funding for auto theft prevention authority
Monitor funding to ensure 2009-1 1 budget transfers are
one-time. Continue to support dedicated funds for auto theft
enforcement.
Federal emergency management funding/
Communications interoperability
Seek state and federal funding to meet interoperability
standards and reform of 911 structure to address modern
technology.
Regulating guns on city property
Outdoor burning in cities and towns under 5,000 in
population
AWC will work with cities and DOE to help small cities
develop programs allowing them to dispose of residential
yard waste by ways other than burning, and continue to work
with legislators to evaluate how small cities can deal with
residential yard waste issues.
Mandating that cities allow tent cities
Continue to defend local authority to impose reasonable
conditions on tent cities, understanding that cities are not
seeking authority to refuse to allow tent cities within their
boundaries.
Oppose efforts to diminish current authority to
access property for public safety, health and other
business purposes
Oppose preemption of local authority to conduct rental
housing inspections.
Recommendations from the Courts of Limited
jurisdiction/Domestic Violence Work Group
Monitor any efforts to introduce legislation that was
considered by this work group which will mandate new
court responsibilities.A group reconvened in the 2009
interim to look at domestic violence issues. It may reappear
with recommendations like requiring municipal courts to
issue domestic violence and anti -harassment protection
orders, and standardizing court hours and staffing.
Natural Resource Agency reform
Monitor for opportunities to support or oppose legislative
or budget proposals from the Gregoire Administration
focusing on streamlining state permitting and improving
customer service.
Water resources — Muni water law court case and
other issues
Monitor any proposals that modify existing municipal water
law.
Helping less "urban" cities prosper
Monitor and support proposals that provide less urban cities
tools they need to prosper.
Page 145 of 218
Association of Washington Cities * 1076 Franklin St SE • Olympia,WA 98501 • wwwawcnet.org
On December 4, the AWC Board of Directors
adopted three major legislative priorities for the
2010 session.They are: a City Flexibility Package,
Stormwater Funding, and Street Utility.
City Flexibility Package
In 2009,AWC advanced a broad city flexibility package.
This included "flexing" restrictions and requirements
in areas such as fiscal health, land use, infrastructure,
community safety, public records management, and more.
In particular this included greater flexibility with existing
revenues and local determination of how these revenues
are allocated.The state did many of these same things in
adopting the 2009-1 1 biennial budget, so AWC argued that
the same latitude should be given to local governments,
even if for a limited period of time.
Below is a list of just some of the ideas AWC has
compiled that support fiscal flexibility, cost-effective
options, and local discretion in allocating resources in
order for cities to best provide essential services:
Public safety sales tax (0.3% county- wide local
option) — 2SSB 5433, which passed in 2009, allowed
for partial supplanting of the public safety sales and
use tax until 2015. Pursue full removal of non -supplant
language with no expiration date.
• Real estate excise tax — Currently cities that collect
the 2nd 0.25% REET must spend those funds on a
shorter list of projects than the I st 0.25% REET.AIIow
the list of projects for the 2nd 0.25% locally collected
real estate excise tax to match the list of projects for
the I st 0.25% real estate excise tax.
Gambling tax — Currently this tax can be used for
local gambling enforcement programs. Expand uses to
general public safety purposes.
Lodging tax — Currently the lodging tax is restricted
to specific uses that are tourism -related. Expand uses
for any purpose that maintains or enhances tourism,
including public safety.
GMA impact fees — Currently cities can charge for
fire, parks, roads and schools if provided by the city
or in the city for schools.Add police/public safety
and emergency response facilities, as well as fire, if
provided by a district. Broaden definition of allowable
transportation expenditures to include "multimodal"
(trails, transit and others). Extend period of time when
impact fees can be spent.
• GMA & Shoreline Update — Skip next round of GMA
updates in smaller/slow growth cities and counties.
Alter GMA and Shoreline planning update schedule (i.e.
provide more time).
• Grant -matching requirements — Reduce matching
requirements for State grants.
• Transportation Benefit Districts —Amend statute
to extend voter approved sales tax beyond current
10 year provision.This would allow bonding of this
revenue stream.
continued
Association of Washington Cities a 1076 Franklin St SE • Olympia,WA 98501 s www.awcft14®r1&6 of 218
Municipal Stormwater Funding
A long- term state funding mechanism is needed to
support "Phase I" and "Phase 11" NPDES stormwater
requirements, as well as Puget Sound cleanup efforts, that
impacts 137 cities.AWC will aggressively pursue ESHB
1614 (from 2009) which would establish a fee on a barrel
of unrefined oil (approximately $120M/year in revenue);
however, we will remain open to alternative legislation
that provides equivalent funding. More information on
stormwater funding can be found on our website — www.
awcnet.org/factsheets.
t
rr
ASS GIAMN
Ci i iES
Street Maintenenace Utility —A City Option
Like the state's 18th Amendment and the County Road
Ievy,AWC is pursuing a permanent transportation funding
source for basic street maintenance and preservation.
Currently, approximately three out of every four city
transportation dollars are dependent upon general fund
transfers that must compete for other city services.
Similar to a sewer or water utility, the proposal is to
create a street maintenance utility that would charge
different user classifications based on trips generated and
a city's cost to maintain and preserve its existing system.
This city option is more equitable than other approaches
such as increased property taxes and would help avoid
costly street reconstruction. It also has extensive public
involvement during the creation of the utility and includes
accountability measures to assure the public these
funds will be dedicated to preserving our streets. More
information on the street utility can be found on our
website — www.awcnet.org/factsheets.
1076 Franklin St SE
Olympia,WA 98501
www.awcnet.org
Page 147 of 218
MEDINA CITY COUNCIL MEETING AGENDA BILL
SUBJECTITITLE: 2010 Council Committees
CATEGORY:
❑ Consent
❑ Ordinance
® City Council Business ❑ Resolution
STAFF REPORT BY: Donna Hanson
BACKGROUND/SUMMARY:
ITEM OB-3
❑ Public Hearing
❑ Other - Discussion
Pursuant to MMC 2.04.110, "The city council may, from time to time, appoint temporary or long-term
committees from among its membership. All committees shall dissolve at the time of council elections."
City Council Guideline 2.08 D (approved by resolution 332, March 2008) establishes the appointment
process to advisory boards and commissions requiring a personnel committee to perform interviews
and recommendations for advisory appointments.
On May 12, 2008 the council created an audit/finance committee and on August 11, 2008 created a
facilities committee.
Since the committees are deemed dissolved, the council may want to consider re -instituting them.
According to council guidelines, a personnel committee is necessary to appoint advisory positions. A
six -week recruitment ending December 31, generated four applications for one position currently
vacant on the planning commission. If a committee is formed in January an appointment to the
planning commission can be made by the council in February. A second recruitment is underway for
two positions on the planning commission which will expire June 30.
To facilitate discussion and decision making, the first question would be: Does council want to have
three committees, Facilities, Personnel, and Finance?
The second question would be, who would like to be on each of those committees?
BUDGET/FISCAL IMPACT: None.
STAFF RECOMMENDATION: Discussion and appointment of committees if council wishes.
CITY MANAGER REVIEW:
PROPOSED COUNCIL MOTION: Council can make one motion for all committees or one motion
for each committee.
Page 148 of 218
ITEM OB-4
MEDINA CITY COUNCIL MEETING AGENDA BILL
SUBJECTITITLE: WIRELESS COMMUNICATION IN MEDINA/ SR 520
CATEGORY:
❑ Consent ❑ Ordinance ❑ Public Hearing
❑ City Council Business ❑ Resolution ® Other - Discussion
STAFF REPORT BY: ROBERT J. GRUMBACH
BACKGROUND/SUMMARY:
The City has been approached by several wireless carriers and American Tower Corporation
regarding wireless communication in the City of Medina and SR 520. They are exploring the possibility
of franchising or leasing City -owned property to re -locate existing facilities and to build new
infrastructure for improving wireless communication in and around the community. A memorandum
has been prepared summarizing the issue and requesting general direction from the city council on
how staff should proceed.
Attachments: Memorandum, Map of Proposed location for DAS System
BUDGET/FISCAL IMPACT: None
STAFF RECOMMENDATION: Discussion
CITY MANAGER REVIEW:
PROPOSED COUNCIL MOTION: None
Page 149 of 218
ITEM OB-4
Clip OF MEDINA
Office of the City Manager
January 11, 2010
To: Mayor and City Council
Via: Donna Hanson, City Manager
From: Robert J. Grumbach, AICP, Director of Development Services
Subject: Wireless Communication in Medina/ SR-520
INTRODUCTION:
Concerns have been raised about the quality of wireless communication coverage in Medina.
Related to this, is Washington State Department of Transportation's decision to direct wireless
communication carriers to re -locate their facilities out of the SR 520 right-of-way by July 1, 2010.
In response to these issues:
• Several wireless communication carriers have approached the City about re -locating their
existing facilities to the City's rights -of -way or Fairweather Park. These facilities provide
important wireless communication coverage to drivers on SR 520 and to Medina and Hunts
Point residents nearby. The carriers who have indicated needing to re -locate include T-
Mobile, Verizon and Sprint.
• American Tower Corporation (ATC) has approached the City about constructing a
Distributed Antenna System (DAS) in the City's rights -of -way. ATC Outdoor DAS is a
registered competitive telecommunication company with the Washington State Utilities &
Transportation Commission. AT&T is interested in leasing capacity on the proposed system
in order to improve its wireless communication coverage in Medina.
SUMMARY OF ZONING REGULATIONS:
Chapter 17.90 MMC sets forth the zoning regulations for Wireless Communications Facilities
(WCF). In sum:
• DEFINITION: WCFs are defined as: "an unstaffed facility for the transmission and
reception of radio or microwave signals used for commercial communications. WCFs
are composed of two or more of the following components: (1) Antenna; (2) Support
Structure; (3) Equipment Enclosure; (4) Security Barrier."
• LOCATIONS:
o WCFs may be mounted on existing nonresidential buildings provided that:
- Must be located at least 500 feet from the nearest residential property.
- Tallest point cannot exceed 35 feet, including the antennas, or 5 to 10 feet
above the roof, whichever is more restrictive.
- Equipment must be located within the building or located underground.
o WCFs may be mounted on a support structure provided that:
- Must be located on a site with a nonresidential use (Prohibited in all areas of the
City parks, except non -forested areas of Fairweather Park adjacent to SR 520).
- Structures must be at least 500 feet from nearest residential property.
Page 150 of 218
ITEM OB-4
- Tallest point cannot exceed 35 feet, including the antennas.
o WCFs are prohibited on residential properties or on city rights -of -way.
• PERMITS: A Special Use Permit and building permits are required.
SUMMARY OF TELECOMMUNICATIONS REGULATIONS
Title 19 MMC establishes the city's local policy for telecommunications providers and services.
Any telecommunication carrier wishing to construct facilities in City rights -of -way is required to
obtain a franchise agreement. A lease is required if the facility is located on City -owned
property other than rights -of -way. Franchise and lease agreements must be considered by the
city council within 120 days of receipt by the city of a complete application. A franchise
agreement requires a public hearing. The criteria under which a franchise or lease agreement
is considered are set forth in MMC 19.06.030 and 19.08.030 respectively, including having all
required licenses, certificates and authorization from both state and federal agencies,
compliance with applicable development regulations, public interest in minimizing cost and
disruption of construction, etc. The location of telecommunication,q
ode
facilities in City rights -of -way is governed by MMC 19.10.050.��"`� Location ' °�
WHAT IS A DISTRIBUTION ANTENNA SYSTEM (DAS)?
DAS is a network of spatially separated antenna nodes and
equipment boxes mounted onto existing and replaced utility poles,
which are connected by a fiber optic line. The fiber optic line
connects to a base station (HUB). The HUB converts the signals
and routes them to the carriers' public switched telephone network
and transmitted via the landline network or back out through the
DAS equipment. The diagram to the left illustrates a DAS setup on
an existing telephone pole. The HUB is enclosed in a building
structure, which ATC proposes to locate at the PSE Substation.
Advantages of the system include the ability to host multiple carriers;
it is low powered, and is visually less obtrusive. The primary
disadvantage is the limitation on range between antennas.
QUESTIONS:
1. Should the City pursue making available City -owned space to the wireless communication
carriers in order to allow installation of wireless communication facilities that provide cover
that includes the SR-520 Bridge? If yes, should the location be:
a. The non -forested areas of Fairweather Park adjacent to SR 520 (lease required); or
b. Evergreen Point Road right-of-way (requires a zoning code amendment and
franchise agreement).
2. Should the City pursue franchising public rights -of -way to ATC for construction of a DAS
system? A franchise agreement is required pursuant to title 19 MMC (require a zoning code
amendment).
3. Should the City pursue code amendments to chapter 17.90 MMC regarding wireless
communications facilities? These changes might better define locations and design of
wireless communication facilities that would fit the aesthetics of Medina.
2 Page 151 of 218
Figure 1
E�es°coo IN
MEDINA
ATC OUTDOOR OAS
Initial Location for
Distribution antenna System
Network
LEGEND
Underground Rber 800' +f-
Aerlal Fiber Route 176W +1- (3.32 Miles)
Node # 10locations
Proposed HUB
Page 152 of 21
ITEM OB-5
AN ORDINANCE OF THE CITY OF MEDINA, WASHINGTON,
SUBJECT/TITLE: RELATING TO ENFORCEMENT PROCEDURES OF THE MEDINA
MUNICIPAL CODE
CATEGORY:
❑ Consent ❑ Ordinance ❑ Public Hearing
® City Council Business ❑ Resolution ❑ Other - Discussion
STAFF REPORT BY: ROBERT J. GRUMBACH
BACKGROUNDISUMMARY:
The planning commission completed work and forwarded a recommendation on proposed
amendments to the Medina Municipal Code related to code enforcement of development regulations.
Based on the planning commission's recommendation, a draft ordinance has been prepared that
would amend the Medina Municipal Code by adding authority for City enforcement officials to issue
citations for violations of noise control, code of conduct and construction mitigation plans, erosion
control measures, stop work orders, and tree removal permit. A person who receives a citation will
have the option to pay the fine, request to have the fines mitigated, or contest the citation and fines
before the hearing examiner. (Other violations would continue to be addressed through notice of
violation (notice and order) procedures.) The draft ordinance would also update and consolidate
enforcement procedures into a more unified set of regulations. Additionally, chapter 8.04 (nuisances)
would be amended to allow the city manager flexibility to designate staff to administer this chapter. A
complete summary of the changes can be found in the tables starting on page 7 and 10 of the staff
report.
Staff is recommending scheduling a public hearing to receive public testimony on the draft ordinance
at the next regular city council meeting.
Attachments: Proposed Ordinance, Staff Report, Planning Commission Recommendation
BUDGETIFISCAL IMPACT: $3,000 estimate for hearing examiner.
STAFF RECOMMENDATION: Approval.
CITY MANAGER REVIEW:
PROPOSED COUNCIL MOTION: Move to approve scheduling a public hearing for February 14,
2010, for a proposed ordinance relating to enforcement procedures of the Medina Municipal Code.
Page V53 of 218
DRAFT
1 Ordinance No.
2
3 AN ORDINANCE OF THE CITY OF MEDINA, WASHINGTON,
4 RELATING TO ENFORCEMENT PROCEDURES IN CHAPTER 1.16 (CODE
5 ENFORCEMENT) OF THE MEDINA MUNICIPAL CODE (MMC), TITLE 17 MMC (ZONING),
6 CHAPTER 8.04 MMC (NUISANCES), CHAPTER 8.06 MMC (NOISE CONTROL), CHAPTER
7 12.28 MMC (TREE CODE), CHAPTER 12.32 MMC (STRUCTURES IN UNIMPROVED
8 PORTIONS OF PUBLIC RIGHTS -OF -WAY), CHAPTER 14.12 MMC (SITE PLAN REVIEW),
9 CHAPTER 16.20 MMC (MITIGATION PLANS FOR MAJOR CONSTRUCTION ACTIVITIES),
10 CHAPTER 18.08 MMC (SHORELINE MANAGEMENT MASTER PROGRAM), AND CHAPTER
11 18.12 MMC (CRITICAL AREAS); AND TO THE DUTIES OF THE
12 HEARING EXAMINER IN CHAPTER 2.78 MMC
13
14 WHEREAS, the City of Medina is classified as a non -charter code City under title 35A
15 RCW; and
16
17 WHEREAS, RCW 35A.11.020 grants code cities the authority to adopt and enforce
18 ordinances of all kinds relating to and regulating local or municipal affairs and appropriate to the
19 good of the City that are not in conflict with state law; and
20
21 WHEREAS, RCW 35A.11.020 provides that any violation of such ordinances constitutes
22 a misdemeanor or gross misdemeanor, or as an alternative can be designated as a civil
23 violation subject to monetary penalties provided that no act which is a state crime may be made
24 a civil violation; and
25
26 WHEREAS, pursuant to RCW 90.58.200 and RCW 90.58.210, local governments may
27 adopt enforcement procedures as are necessary and appropriate to carry out the provisions of
28 the Shoreline Management Act (chapter 90.58 RCW); and
29
30 WHEREAS, the Medina Municipal Code has designated as alternative violations civil
31 offenses subject to monetary penalties of regulations pertaining to zoning, public nuisances,
32 noise, tree code, structures in unimproved portions of public rights -of -way, building codes,
33 mitigation plans for major construction, and critical areas; and
34
35 WHEREAS, chapter 1.15 MMC, adopted April 14, 2003, by Ordinance No. 744
36 established procedures for enforcement of violations pertaining to zoning, public nuisances,
37 noise, tree code, structures in unimproved portions of public rights -of -way, building codes,
38 mitigation plans for major construction, and critical areas; and
39
40 WHEREAS, MMC 8.04.110 established public nuisances as a civil infraction with
41 separate monetary penalties from chapter 1.15 MMC; and
42
43 WHEREAS, MMC 8.06.010 and MMC 8.06.050(B) established noise violations as a civil
44 infraction with separate monetary penalties from chapter 1.15 MMC; and
45
46 WHEREAS, MMC 12.28.280 established violations of the tree code as a civil infraction
47 with separate monetary penalties from chapter 1.15 MMC; and
48
49 WHEREAS, MMC 12.32.080 established violations of structures within the right-of-way
50 as a civil infraction with separate monetary penalties from chapter 1.15 MMC; and
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1
2 WHEREAS, MMC 14.12.080 established enforcement procedures for a violation of the
3 conditions of a site plan review approval as a civil or criminal offense with separate monetary or
4 criminal penalties from chapter 1.15 MMC; and
5
6 WHEREAS, MMC 15.20.090 established enforcement procedures for a violation of
7 mitigation plans for major construction activities as a civil or criminal offense with separate
8 monetary or criminal penalties from chapter 1.15 MMC; and
9
10 WHEREAS, MMC 17.04.060, MMC 17.80.130, MMC 17.90.180, and MMC 17.92.010
11 established violations of the zoning code as civil and criminal offenses with separate monetary
12 or criminal penalties from chapter 1.15 MMC; and
13
14 WHEREAS, 18.12.230 MMC established enforcement procedures, monetary penalties
15 and restoration requirements for violations of the critical areas ordinance separate from chapter
16 1.15 MMC; and
17
18 WHEREAS, the City has not adopted local enforcement procedures for its shoreline
19 master program and relies on WAC 173-27-240 through 173-27-310 for enforcement of its
20 shoreline master program and the Shoreline Management Act; and
21
22 WHEREAS, the City has undertaken a review of its enforcement regulations to identify
23 practices with the potential to improve the efficiency, effectiveness and economy of code
24 enforcement; and
25
26 WHEREAS, the goals of code enforcement are to achieve compliance with City
27 regulations by utilizing progressive enforcement measures and matching enforcement
28 measures to violation characteristics; and
29
30 WHEREAS, the comprehensive plan provides the following goal related to enforcement
32 regulations:
33 • LU-G1: To maintain Medina's high -quality residential setting and character;
35 WHEREAS, pursuant to RCW 36.70A.106, a notice of intent to adopt was transmitted to
36 the Washington State Department of Commerce on November 20, 2009; and
37
38 WHEREAS, the adoption of an ordinance pertaining to enforcement relates solely to
39 governmental procedures and contains no substantive standards respecting use or modification
40 of the environment and is therefore exempt from the requirements of the State Environmental
41 Policy Act pursuant to WAC 197-11-800(19); and
42
43 WHEREAS, after proper public notice was provided, the planning commission held a
44 public hearing on November 16, 2009, and no public testimony was received; and
45
46 WHEREAS, the planning commission forwarded a recommendation to the city council;
47 and
48
49 WHEREAS the city council provided notice and held a public hearing on , to
50 receive public testimony for and against the proposed code amendment, and to consider the
51 planning commission's recommendation; and
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1 WHEREAS, the City Council adopts the following conclusions of the planning
2 commission in support of its decision:
3
4 A. Revisions to the code enforcement provisions are necessary to improve the overall
5 effectiveness of the code enforcement program by establishing a citation procedure
6 and by consolidating enforcement procedures and penalties, and clarifying
7 enforcement regulations into a coherent code enforcement program.
8
9 B. The inclusion of enforcement provisions for the Medina Shoreline Management
10 Master Program will enhance the City's ability of meeting its mandate to take all
11 actions necessary to make sure no shoreline uses or activities conflict with the
12 Shoreline Management Act or the Medina Shoreline Management Master Program.
13
14 C. The proposed revisions set forth in this ordinance are in the best interest of the City
15 and protect the public health, safety and welfare.
16
17 D. The enforcement procedures and revisions adopted by this ordinance are consistent
18 with and further the goal of LU-G1 of the Medina comprehensive plan by improving
19 the protection of residents from the effects of violations.
20
21 NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF MEDINA, WASHINGTON, DO
22 ORDAIN AS FOLLOWS
23
24 Section 1. Section 2.78.070 of the Medina Municipal Code is hereby amended to read
25 as follows:
26
27 2.78.070 Hearing examiner — Duties.
28
29 The hearing examiner shall review and act on the following:
30 A. Appeals of administrative decisions/determinations, including but not limited to SEPA
31 determinations, lot line adjustments, short subdivisions, administrative interpretations,
32 temporary noise variances, code enforcement and any other decisions affecting a
33 landowner's ability to develop property within the City:
34 B. Conditional use permits;
35 C. High bank density development permits;
36 D. Planned land use development permits;
37 E. Shoreline conditional use permits;
38 F. Shoreline variances;
39 G. Special use permits, except where reviewed administratively per MMC 14.08.020(B);
40 H. Substantial development permits;
41 I. Tree removal and pruning pursuant to Chapter 12.28 MMC;
42 J. Variances, except where reviewed administratively per MMC 14.08.020(A);
43 K. Historical use permits;
44 L. Technical and Economic noise variances pursuant to Chapter 8.06 MMC: and
45 M. Other matters as provided in the Medina Municipal Code and other ordinances.
46
47 Section 2. Chapter 1.15 of the Medina Municipal Code is hereby repealed in its entirety.
48
49 Section 3. A new chapter 1.15 of the Medina Municipal Code is hereby adopted to read
50 as follows:
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Chapter 1.15
2
CODE ENFORCEMENT
3
4
1.15.010
Purpose.
5
1.15.020
Definitions.
6
1.15.030
Applicability.
7
1.15.040
Remedies not exclusive.
8
1.15.050
Types of enforcement action.
9
1,15.060
Initiation — investigation.
10
1.15.070
First Contact — Warning Notice.
11
1.15.080
Stop Work Order
12
1.15.090
Correction agreement.
13
1.15.100
Citation.
14
1.15.110
Contents of a citation.
15
1.15.120
Response to a citation.
16
1.15.130
Mitigation of fines.
17
1.15.140
Contesting citation hearing.
18
1.15.200
Notice of Violation.
19
1.15.210
Effective date and content of a notice of violation.
20
1.15.220
Appeal of a notice of violation.
21
1.15.230
Appeal hearing for a notice of violation.
22
1.15.300
Failure to appear at a hearing.
23
1.15.310
Final order for enforcement.
24
1.15.320
Method of service.
25
1.15.330
Monetary penalties.
26
1.15.340
Collection of monetary penalties.
27
1.15.350
Emergency order
28
1.15.400
Criminal violations.
29
1.15.500
Abatement by the City.
30
1.15.510
Entry to buildings and premises — warrants.
31
1.15.520
Lien authorized.
32
1.15.530
Suspension of permit.
33
1.15.540
Revocation of permit.
34
1.15.600
Duty not creating liability.
35
36
1.16.010
Purpose.
37
38
The purpose of this chapter is to provide the authority and procedures to be used in enforcing
39
the provisions
set forth in this chapter.
40
41
1.16.020
Definitions.
42
43
A. Words in this chapter used in the singular shall include the plural, and the plural shall
44
include the singular, unless the context clearly indicates the contrary.
45
B. The following definitions shall apply to this chapter:
46
1.
"Citation" means an order that represents a decision by a code enforcement officer
47
that a violation has been committed.
48
2.
"City" means City of Medina.
49
3.
"Code enforcement officer" means the City employee designated by the City
50
manager to enforce the provisions set forth in this chapter.
51
4.
"Days" means calendar days.
Draft Ordinance No. 4 of 25 Page 157 of 218
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5. "Fine" means a monetary sum imposed as punishment for an offense.
6. "Incidental expenses" means personnel costs, both direct and indirect, attorneys'
fees, costs incurred in documenting the violation, hauling, storage and disposal
expenses, restoration costs, and actual expenses and costs of the City in preparing
notices, specifications and contracts, and in accomplishing and/or contracting and
inspecting the work and the costs of any required printing and mailing, and other
expenses prescribed by law.
7. "Notice of Violation" means a notification that denotes an activity and/or condition is
in violation of the law.
8. "Person responsible for the violation" means any person who commits any act or
omission which is a violation or causes or permits a violation of the City code to
occur or remain upon property in the City, and includes but is not limited to owners,
lessees, tenants, contractors, subcontractors or other persons entitled to control, use
and/or occupy property Where a violation occurs.
9. "Repeat violations" means:
a. The same or similar violation, as determined by the code enforcement officer,
occurring on the same property within a consecutive 24-month time period.
b. The same person committing the same violation or similar violation, as
determined by the code enforcement officer, on a different property within the city
limits of Medina within a consecutive 24-month time period.
10. "Violation" means an act or omission contrary to City code including a condition
resulting from such act or omission.
1.16.030 Applicability.
This chapter applies to any violations of:
A. Title 17 MMC Zoning;
B. Chapter 8.04 MMC, Nuisances;
C. Chapter 8.06 MMC, Noise;
D. Chapter 12.28 MMC, Tree Code;
E. Chapter 12.32 MMC, Structures in Unimproved Portions of Public Rights -of -Way;
F. Chapter 14.12, Site Plan Review;
G. Chapter 15.04, Building Codes;
H. Chapter 15.20 MMC, Mitigation Plans for Major Construction Activities;
I. Chapter 18.04 MMC, Shoreline Management Master Program; and
J. Chapter 18.12 MMC, Environmentally Sensitive Areas.
1.16.040 Remedies not exclusive.
The procedures set forth in this chapter are not exclusive and shall not in any manner limit or
restrict the City from remedying violations or abating violations in any manner authorized by law.
1.15.050 Types of enforcement action.
A. The following is a list of enforcement actions for achieving code compliance:
1. Warning notice issued pursuant to MMC 1.15.070;
2. Citation issued pursuant to MMC 1.15.100;
3. Notice of Violation issued pursuant to MMC 1.15.200;
4. Misdemeanor pursuant to MMC 1.15.400.
B. A citation and a notice of violation shall not be issued for the same violation. However, a
citation and a notice of violation can be issued for the same activity or condition if there are
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multiple violations and each citation or notice of violation issued is consistent with the
provisions of this chapter.
1.16.060 Initiation — investigation.
The code enforcement officer may initiate an investigation of a violation in response to receipt of
a complaint, field observations, or other reliable information. Any records associated with a
complaint may be subject to the State Public Disclosure Law.
1.16.070 First contact — warning notice.
A. When a code enforcement officer confirms the existence of a violation, the code
enforcement officer may provide a warning to secure correction of the violation by contacting
the person responsible for the violation, explaining the violation, and requesting corrective
action within a reasonable time period.
B. When written notice is provided, it shall be in the form of a warning notice and contain the
following information:
1. The tax parcel number or street address where the violation occurred or is located;
2. A statement describing the violation and referencing the code section violated;
3. A date by which the violation must be corrected;
4. A statement of potential consequences for failure to complete the corrective action;
and
5. Other information, as determined necessary by the code enforcement officer.
C. A stop work order or an emergency order may serve as first contact in lieu of a warning
notice.
1.15.080 Stop work order.
A. Whenever a code enforcement officer finds any work being performed in a manner in
violation of the provisions set forth in MMC 1.15.030, or in a dangerous or unsafe manner,
the code enforcement officer is authorized to issue a stop work order.
B. A stop work order shall be in writing on a form determined by the code enforcement officer
and shall state the reason for the order and the conditions under which the work cited will be
permitted to resume.
C. A stop work order shall be given to the owner of the property involved, and/or to the owner's
agent, and/or to the person doing the work.
D. Upon issuance of a stop work order, the work cited shall immediately cease.
1.16.090 Correction agreement.
A. A correction agreement is a voluntary compliance agreement where the person responsible
for the violation agrees to correct a violation within a specified time period and in
accordance with specified conditions.
B. The City and the person responsible for the violation may enter into a correction agreement
at any time.
C. A correction agreement shall contain the following:
1. The name and address of the person responsible for the violation;
2. The street address or other description that is sufficient to identify the location of the
violation;
3. A statement of each code section or requirement violated, and a concise description
of the violation;
Draft Ordinance No.
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1 4. The date the violation was observed;
2 5. A list of required corrective actions to remedy the violation, and a date and time by
3 which the corrective actions must be completed;
4 6. A statement by the person responsible for the violation that:
5 a. They committed the violation;.
6 b. They agree to waive the right to appeal the determination of a violation and
7 the specified corrective action;
8 c. The City may recover its costs and expenses, and monetary penalties from
9 the person responsible for the violation if the terms of the correction
10 agreement are not satisfied;
11 7. A statement by the property owner that the code enforcement officer may inspect the
12 location of the violation as necessary to determine compliance with the correction
13 agreement; and
14 8. Signature of the person to whom the correction agreement is directed and/or
15 property owner, as applicable.
16 D. If the code enforcement officer is not satisfied that the terms of the correction agreement are
17 met, the person responsible for the violation shall be assessed monetary penalties
18 consistent with MMC 1.15.330. Monetary penalties shall be assessed retroactively to the
19 date the person responsible for the violation was first notified to take corrective actions.
20 E. The code enforcement officer may grant a time extension for correcting a violation, or may
21 modify the conditions for corrective action, if:
22 1. The person responsible for the violation has shown due diligence or substantial
23 progress towards correcting the violation; and
24 2. Unforeseen circumstances delayed correction under the original conditions; and
25 3. The person responsible for the violation requests in writing and establishes a clear
26 need for a time extension or modification of the original conditions.
27
28 1.16.100 Citation.
29
30 A. The following violations listed in MMC 1.15.030 shall be subject to the citation and/or
31 criminal provisions set forth in this chapter:
32 1. Exceeding noise standards established in MMC 8.06.010 that are administered
33 under the authority of the administrator or hearing examiner.
34 2. Failure to comply with the terms and conditions of a code of conduct, or construction
35 mitigation plan issued pursuant to chapter 15.20 MMC.
36 3. Failure to comply with erosion control measures and erosion best management
37 practices prescribed in chapter 13.06 MMC.
38 4. Failure to comply with a stop work order issued pursuant to MMC 1.15.300.
39 5. Failure to obtain to a tree removal permit as prescribed in MMC 12.28.030.
40 B. A citation shall be issued in writing and carry a fine pursuant to MMC 1.15.330(A). Payment
41 of the fine shall not relieve the person responsible for a violation from the obligation to
42 correct, abate or stop the violation.
43 C. Each day a violation continues to exist shall constitute a separate violation upon which a
44 new citation may be issued and another fine assessed. Nothing in this chapter shall be
45 construed to restrict the City's ability to issue a new citation or pursue other enforcement
46 actions prescribed by this chapter as long as the violation continues to exist.
47
Draft Ordinance No. 7 of 25 Page 160 of 218
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1
1.16.110 Contents of a citation.
2
3
A.
A citation shall contain the following:
4
1. The name and address of the person being cited;
5
2. The street address or other description that is sufficient to identify the location of the
6
violation;
7
3. A statement of each code section or requirement violated;
8
4. The date of the violation;
9
5. A statement of the fine being imposed pursuant to MMC 1.15.330(A);
10
6. A statement that the person named in the citation must respond within 14 days after
11
the citation was served;
12
7. A statement of the options to respond and the procedures to exercise these options;
13
8. A statement that the citation represents a final decision, unless contested as
14
provided for in this chapter;
15
9. A certified statement by the code enforcement officer, authorized by RCW
16
9A.72.085, setting forth facts supporting the citation; and
17
10.Other pertinent information, as determined by the City.
18
B.
The code enforcement officer may amend the citation at any time to correct clerical errors or
19
to cite additional authority for a stated violation.
20
C.
The code enforcement officer may withdraw a citation at any time if it was issued in error.
21
D.
The citation shall be served upon persons responsible for a violation by one of the methods
22
prescribed in MMC 1.15.310.
23
24
1.16.120
Response to a citation.
25
26
A.
A person named in a citation must respond to the citation by one of the following methods:
27
1. Pay the fine, in which case the record shall show the person named has committed
28
the violation; or
29
2. Request a mitigation of the fine, in which case the person named agrees they
30
committed the violation, but want to present mitigating circumstances in determining
31
the fine; or
32
3. Request a contested hearing and appeal the issuance of the citation and fine.
33
B.
When requesting a mitigation of the fine, or a contested hearing, the person named in the
34
citation shall make the request in writing and include an address and contact information
35
where notices should be sent.
36
C.
A response to a citation must be received no later than 14 days after the date the citation
37
was served. The response shall be delivered by mail or by hand to the address listed on the
38
citation. If mailed, the date post marked shall be considered the date of the response.
39
D.
Failure to respond to the citation within the specified time period shall result in a final order
40
being entered that the person named in the citation committed the violation stated and that
41
the fine specified shall be assessed.
42
E.
Payment of a fine shall not relieve the person named in the citation of the responsibility to
43
cure, abate or stop the violation.
44
F.
A request for a contested hearing shall not stay further enforcement action, or relieve the
45
person responsible for the violation from correcting the violation.
46
Draft Ordinance No. 8 of 25 Page 161 of 218
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1.16.130 Mitigation of fines.
A.
B.
C.
D.
E.
F.
19ZI-11 �
If a person named in a citation responds with a request for a mitigation of the fine, the
person _shall include a written_ explanation of the circumstances why the fine should be
reduced.
By requesting a mitigation of the fine, the person named in the citation agrees to waive the
right to appeal the citation and final determination of the fine.
The City manager or designee, after considering the written explanation of the
circumstances, may reduce the fine by not more than 50 percent provided that the person
named in the citation has:
1. Corrected the violation within the 14 days set forth in MMC 1.15.120(C).
2. Contacted the code enforcement officer to verify that the violation has been
corrected.
The person named in the citation has the burden of proof to demonstrate the violation has
been corrected.
The City manager or designee's decision to mitigate a fine shall be based on an evaluation
of individual circumstances including, but not limited to:
1. Severity of the violation;
2. Repeat violations;
3. The public interest being protected; and
4. The responsiveness to correct, abate, or stop the violation.
The decision to mitigate the fine shall be made in writing. A copy of the decision shall be
sent to the person named in the citation and any other party who requests in writing a copy
of the decision.
1.15.140 Contested citation hearing.
0
B.
C.
D.
E.
F
G
If a person named in a citation responds with a request for a contested hearing, they shall
specify the reason why the cited violation did not occur, or why the person named in the
citation is not responsible for the violation.
The hearing examiner shall hold a hearing within 60 days after the City's receipt of the
response.
Notice of the time, place and date of the hearing shall be sent by first class mail at least 10
days prior to the date of the hearing to the address provided in the response.
A contested hearing shall be conducted as an open record hearing in accordance with the
rules set forth in MMC 2.78.060 and supplemented by this chapter.
Each party to the hearing shall be allowed to:
1. Call, examine and cross-examine witnesses on any matter relevant to the issues of
the hearing, subject to reasonable limitation by the hearing examiner;
2. Offer evidence;
3. Rebut evidence; and
4. Represent themselves or by anyone of their choice who is lawfully permitted to do
SO.
The City may request dismissal of a request for a contested hearing, and the hearing
examiner is authorized to grant such dismissal if the response to the citation is untimely,
incomplete, frivolous, or the reasons stated are beyond the hearing examiner's jurisdictional
authority.
The certified statement or declaration, authorized by RCW 9A.72.085, submitted by the
code enforcement officer shall be prima facie evidence that the stated violation occurred and
that the person named is responsible. The certified statement or declaration of the code
Draft Ordinance No.
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1
enforcement officer authorized under RCW 9A.72.085 and any other evidence
2
accompanying the report shall be admissible without further evidentiary foundation.
3
H.
The person named in the citation may rebut the City evidence and establish that the cited
4
violation did not occur or that the person named is not responsible for the violation.
5
I.
The hearing examiner shall consider the evidence and testimony presented at the hearing
6
and based on this information shall reverse or affirm the citation and/or fine in whole or in
7
part. The hearing examiner's decision shall be issued within 15 days following the close of
8
the hearing.
9
J.
The hearing examiner's decision is a final order pursuant to MMC 1.15.310. Any judicial
10
review must be commenced in King County Superior Court within 21 days in accordance
11
with RCW 36.70C.040.
12
K.
A copy of the decision shall be sent to the person named in the citation and any party
13
requesting in writing a copy of the decision.
14
15
1.15.200
Notice of Violation.
16
17
A.
All violations of the Medina Municipal Code set forth in MMC 1.15.030, except as otherwise
18
provided in MMC 1.15.100, shall be subject to the notice of violation and/or criminal
19
provisions set forth in this chapter.
20
B.
Whenever a warning notice issued pursuant to MMC 1.15.070, or other efforts, fails to gain
21
correction of a violation, the code enforcement officer may initiate notice of violation
22
procedures.
23
C.
The issuance of a notice of violation shall be in writing and may carry monetary penalties
24
pursuant to MMC 1.15.330(B). Payment of a monetary penalty shall not relieve the person
25
responsible for the violation from the obligation to correct, abate or stop the violation.
26
D.
The notice of violation represents a determination that the person named in the notice is
27
responsible for the violation and must correct the violation by the date stated in the notice.
28
A correction agreement as set forth in MMC 1.15.090 may be incorporated into the notice of
29
violation at the discretion of the code enforcement officer.
30
E.
Failure to respond to the notice of violation within the time period specified shall result in the
31
person named in the notice of violation being found to have committed the violation stated in
32
the notice and are responsible for paying any monetary penalties assessed in the notice.
33
The code enforcement officer shall note in writing the failure to respond and this shall
34
constitute a final order pursuant to MMC 1.15.310.
35
F.
The code enforcement officer may at any time add to, rescind in part, or otherwise modify a
36
notice of violation by issuing a supplemental notice of violation. The supplemental notice of
37
violation shall be governed by the same procedures applicable to all notice of violations set
38
forth in this chapter.
39
G.
The code enforcement officer may withdraw a notice of violation if it was issued in error.
40
H.
The notice of violation shall be served by one of the methods prescribed in MMC 1.15.320.
41
I.
Each day a violation continues to exist shall constitute a separate violation. Nothing in this
42
chapter shall be construed to restrict the City's ability to issue a new notice of violation or
43
pursue other enforcement actions prescribed by this chapter as long as the violation
44
continues to exist.
45
46
1.16.210 Effective date and content of a notice of violation.
47
48
A.
A notice of violation shall be effective on the date it is served.
49
B.
A notice of violation shall contain the following:
50
1. The name and address of the person being cited;
Draft Ordinance No. 10 of 25 Page 163 of 218
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1
2. The street address or other description that is sufficient to identify the location of the
2
violation;
3
3. A statement of each code section or requirement that was violated;
4
4. The date the violation -was -observed and a time and -date -for compliance;
5
5. A list of suggested corrective actions to remedy the violation;
6
6. A statement that the notice of violation shall become a final decision, unless
7
appealed pursuant to MMC 1.15.220;
8
7. A statement of the appeal procedures consistent with MMC 1.15.220
9
8. A statement that failure to file a timely and complete appeal shall constitute a waiver
10
of the right to appeal the notice of violation;
11
9. The signature of the code enforcement officer issuing the notice of violation; and
12
10. Other pertinent information, as determined by the code enforcement officer.
13
14
1.15.220 Appeal of a notice of violation.
15
16
A.
Upon service of a notice of violation, the person named in the notice of violation shall have
17
14 days to request an appeal hearing before the hearing examiner.
18
B.
The request for an appeal hearing must be in writing and must be accompanied by the
19
appropriate fee.
20
C.
The content of the appeal must include the following information:
21
1. A brief statement of the grounds for the appeal;
22
2. Facts or evidence upon which the appeal is based;
23
3. A complete copy of the notice of violation; and
24
4. The mailing address and contact information where notices can be sent.
25
D.
The appeal shall be filed at the address indicated on the notice of violation.
26
E.
If an appeal is filed, during the pendency of the appeal hearing, all activities associated with
27
the alleged violation cited on the notice of violation shall cease. Any penalty accruing shall
28
be stayed pending the outcome of the appeal hearing.
29
30
1.16.230
Appeal hearing for a notice of violation.
31
32
A.
The hearing examiner shall hold the appeal hearing within 90 days after the City's receipt of
33
the request for an appeal hearing.
34
B.
Notice of the time, place and date of the hearing will be sent by first class mail at least 10
35
days prior to the date of the hearing to the address provided in the appeal.
36
C.
The appeal hearing shall be conducted as an open record hearing in accordance with the
37
rules for hearings set forth in MMC 2.78.060 and supplemented by this chapter.
38
D.
Each party to the hearing shall be allowed to:
39
1. Call, examine and cross-examine witnesses on any matter relevant to the issue of
40
the hearing, subject to reasonable limitations by the hearing examiner.
41
2. Introduce evidence.
42
3. Rebut evidence.
43
4. Represent themselves or anyone of their choice who is lawfully permitted to do so.
44
E.
The City may request dismissal of a request for an appeal hearing, and the hearing
45
examiner is authorized to grant such dismissal, if the filing of the appeal is untimely,
46
incomplete, frivolous, or the reasons stated are beyond the hearing examiner's jurisdictional
47
authority.
48
F.
The City has the burden of proof by a preponderance of the evidence that the person named
49
in the notice of violation committed the violation.
50
G.
Following review of the submitted evidence, the hearing examiner shall make written
51
findings and conclusions:
Draft Ordinance No. 11 of 25 Page 164 of 218
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DRAFT
1. Affirming or modifying the notice of violation if the hearing examiner finds that a
violation occurred and the person named in the notice of violation is responsible for
the violation; or
2. Reversing the notice of violation if the hearing examiner finds that either no violation
occurred, or the person named in the notice of violation did not commit the violation.
H. The hearing examiner's decision is a final order pursuant to MMC 1.15.310. Any judicial
review must be commenced in King County Superior Court within 21 days in accordance
with RCW 36.70C.040.
I. A copy of the hearing examiner's decision shall be provided to all parties involved in the
appeal hearing and any party requesting in writing a copy of the decision.
J. Optional hearing examiner prehearing briefing process:
1. A prehearing briefing process may be conducted:
a. By agreement of the parties to the appeal; or
b. At the hearing examiner's own initiative.
2. The purpose of a prehearing briefing is to facilitate a full and fair hearing on the
merits in cases that may involve complex or confusing factual issues or legal
arguments.
1.15.300 Failure to appear at a contested or appeal hearing.
A. Failure to appear at a hearing to contest a citation or appeal of a notice of violation shall
result in a final order entered finding the person named to have committed the violation and
the penalties assessed. In addition, the hearing examiner may include in the order an
administrative fee for the cost of scheduling the hearing.
B. For good cause shown and upon terms the hearing examiner finds just, the hearing
examiner may set aside an order entered for failure to appear.
1.16.310 Final order for enforcement.
A. A final order constitutes a final determination that a violation has occurred, the person
named is responsible for the violation, and administrative options to contest the decision are
exhausted.
B. If after any order duly issued by the code enforcement officer or hearing examiner becomes
final, and the person, firm or corporation to whom the order is directed does not obey the
order, including refusal to pay monetary penalties assessed under the order, the City may:
1. Cause such person, firm, or corporation to be prosecuted under the provisions of this
chapter;
2. Institute appropriate action to collect monetary penalties in accordance with the
provisions of this chapter;
3. Abate the violation in accordance with provisions of this chapter and state law;
4. Pursue other reasonable remedies as allowed by law.
1.16.320 Method of service.
A. Warning notices, citations and notice of violations shall be served upon the responsible
person to whom it is directed by one or more of the following methods:
1. Personal service, or by leaving a copy at the person's usual abode with a person
over the age of 18 who resides there;
2. Mailing a copy of the notice to such person at his/her last known address; and/or
3. Posting a copy of the notice in a conspicuous place on the affected property or
structure.
Draft Ordinance No. 12 of 25 Page 165 of 218
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DRAFT
B. Proof of service shall be made by a written declaration under penalty of perjury by the
person serving the notice, declaring the date and time of service and the manner by which
service was made.
C. Service by mail shall be effective on the date of postmark.
D. Failure of any person to actually receive the warning notice, citation, or notice of violation
shall not invalidate any code enforcement action.
1.15.330 Monetary penalties.
A. Monetary penalties for a citation shall be in accordance with Table MMC 1.15.330:
Tahlp MMC I A A-23n
Second
Third &
Code Provision
First Violation
Violation
Subsequent
Violations
Exceeding Noise Standards
$100
$200
$500
Failure to comply with code
of conduct or construction
$100
$400
$750
mitigation plan
Failure to comply with
erosion control measures
$100
$200
$500
and best management
practices
Failure to comply with a
$300
$750
$1,500
stop work order
Failure to obtain a tree
$100
1 $400
$750
removal permit
B. Monetary penalties for a notice of violation shall be as follows:
1. First day of each violation, $100;
2. Second day of each violation, $200;
3. Third day of each violation, $300;
4. Fourth day of each violation, $400;
5. Each additional day of violation beyond four days, $500 per day.
1.15.340 Collection of monetary penalties
A. When an order becomes final, the City at its option may:
1. Collect the monetary penalties through its own efforts;
2. Assign to a collection agency the collection of any monetary penalties or cost of
abatement that have been assessed under the provisions of this chapter; and/ or
3. Commence a civil action in any court of competent jurisdiction to collect the
monetary penalties and abatement costs assessed under the provisions of this
chapter.
B. The monetary penalties and abatement costs are deemed public debt and the City may
retain collection agencies to collect such debt pursuant to RCW 19.16.500, as presently
existing or as subsequently may be amended.
C. The City may convert the hearing examiner's order or final order into a judgment.
1.16.360 Emergency Order.
Draft Ordinance No.
13 of 25
Page 166 of 218
iDW. 3211
1
2
A.
The code enforcement officer may issue an emergency order whenever the City becomes
3
aware of a condition or activity that creates an immediate and emergent threat to the public
4
health, safety or welfare or to the environment.
5
B.
The emergency order shall state the reason for the order and the conditions that must be
6
remedied.
7
C.
Upon issuance of an emergency order, the cited activity shall cease and any unsafe or
8
dangerous condition shall be immediately remedied, including by immediate abatement by
9
the City if the code enforcement officer finds it necessary.
10
D.
The person named in the emergency order may appeal the order within 14 days from the
11
date of issuance of the order in accordance with the same procedures for appealing a notice
12
of violation set forth in MMC 1.15.220.
13
E.
An appeal of an emergency order shall not stay the requirement to immediately take action
14
to remedy any dangerous or unsafe conditions.
15
16
1.16.400
Criminal violations.
17
18
A
In addition to, or as an alternative to the civil violation actions prescribed by this chapter, the
19
code enforcement officer may refer a violation to the City prosecuting attorney who shall
20
have the ability to file the violation as a criminal misdemeanor in a court of competent
21
jurisdiction.
22
23
B
Any person who willfully or knowingly violates any city code or regulation by way of repeat
24
violations, or by any act of commission or omission procures, aids or abets such violation, is
25
guilty of a criminal misdemeanor and upon conviction shall be punishable by a fine not to
26
exceed $1,000, or imprisonment for a term not to exceed 90 days, or both. Each day during
27
which a violation continues to exist shall be considered an additional violation.
28
29
1.15.600 Abatement by the City.
30
31
A.
The City may abate a condition which was caused by, or continues to be, a code violation
32
when:
33
1. The terms of a correction agreement prescribed by this chapter have not been met;
34
or
35
2. A citation was issued pursuant to this chapter, the period for filing a contested
36
hearing has expired, and the required correction has not been completed; or
37
3. A notice of violation was issued pursuant to this chapter, the period for filing an
38
appeal has expired, and the required correction has not been completed; or
39
4. The condition is subject to an emergency order and summary abatement as
40
prescribed by this chapter, or other specific provisions of City or state law.
41
B.
Whenever a violation of a regulation causes a condition, of which the continued existence
42
constitutes an immediate and emergent threat to the public health, safety or welfare or to the
43
environment, the City may summarily, and without prior notice, abate the condition.
44
1. Notice of the summary abatement shall be given after the abatement to the person
45
responsible for the violation as soon as reasonably possible. The notice shall
46
include the reason for the summary abatement.
47
2. No right of action shall lie against the City or its agents, officers, or employees for
48
actions reasonably taken to prevent or cure any such immediate threats.
49
C.
Using any lawful means, the City or its 'agents may enter upon the subject property for
50
summary abatement, and may remove or correct the condition which is subject to the
Draft Ordinance No. 14 of 25 Page 167 of 218
DRAFT
1 abatement. The City may seek such judicial process as it deems necessary to effect the
2 removal or correction of such condition.
3 D. Any person, who knowingly obstructs, impedes or interferes with the City or its agents, or
4 with the person responsible for the violation, in the performance of duties imposed by this
5 chapter, shall be guilty of a misdemeanor punishable pursuant to MMC 1.15.400.
6 E. The costs of the abatement, including incidental expenses, of correcting the violation shall
7 be billed to the person responsible for the violation and shall become due and payable to the
8 City within 30 days. All such costs and expenses shall constitute a lien against the affected
9 property.
10 F. Restoration costs may include, but are not limited to:
11 1. Replacement of all improperly removed trees and vegetation with approved species
12 such that the biological and habitat values will be replaced to the greatest extent
13 possible.
14 2. The cost of studies by qualified experts to determine the conditions which were likely
15 to exist prior to alteration and the most effective means of restoration shall be
16 included.
17 3. Costs of restoration shall also include installation of interim and emergency erosion
18 control measures until such time as the restored site complies with City
19 requirements.
20
21 1.16.610 Entry to buildings and premises — warrants.
22
23 A. Whenever it is necessary to make an inspection to determine if a violation has occurred or is
24 occurring, or to enforce any provision of the Medina Municipal code, or enforce any
25 corrective actions issued under this chapter, the code enforcement officer may enter any
26 building or premises at any reasonable time, provided:
27 1. If the subject building or premises is occupied, the code enforcement officer shall first
28 present credentials and request entry; or
29 2. if the subject building or premises is not occupied, the code enforcement officer shall
30 first make a reasonable effort to locate the owner or other person having charge of
31 the building or premises and request entry.
32 3. If such entry is refused or the owner or other person having charge of the building or
33 premises cannot be located, the code enforcement officer shall have recourse to
34 every remedy provided by law to secure entry, including recourse to a court of
35 competent jurisdiction for issuance of a warrant authorizing such entry and
36 inspection.
37 4. If the code enforcement officer believes that the conditions create an immediate and
38 irreparable health or life safety hazard, the code enforcement officer may make
39 entry.
40 B. It is unlawful for any owner, occupant or any other person having charge, care or control of
41 any building, structure, property or portion thereof, after proper demand has been given, to
42 fail or neglect to permit the code enforcement officer prompt entry.
43
Draft Ordinance No. 15 of 25 Page 168 of 218
DRAFT
1 1.16.620 Lien authorized.
2
3 A. The City shall have a lien for any monetary penalty imposed, the cost of any abatement
4 work done pursuant to this chapter,_ together with any costs including personnel costs, both
5 direct and indirect, and attorney and expert witness fees against the real property on which
6 the monetary penalty was imposed or any abatement work performed.
7 B. The lien shall be subordinate to all previously existing special assessment liens imposed on
8 the same property and shall be superior to all other liens, except for state and county taxes,
9 with which it shall be on parity.
10 C. The code enforcement officer shall cause a claim for lien to be filed for record within 90 days
11 from the date that the monetary penalty is due or the date the work is completed or the vio-
12 lations abated, whichever is later.
13 1. The claim of lien shall contain sufficient information regarding the notice of violation,
14 as determined by the applicable code enforcement officer, description of the property
15 to be charged with the lien and the owner of record, and the total amount of the lien.
16 2. Any such claim of lien shall be verified by the code enforcement officer, and may be
17 amended from time to time to reflect changed conditions.
18 3. No such liens shall bind the affected property for a period longer than five years,
19 without foreclosure or extension agreed to by the property owner.
20 4. The code enforcement officer may record supplemental or modified liens as
21 necessary.
22 5. The City may foreclose any lien as if it were a mechanics lien.
23
24 1.15.530 Suspension of permits.
25
26 A. The City manager or designee may temporarily suspend any permit issued by the City under
27 any ordinance for failure of the holder or the holder's contractor or agent to comply with the
28 requirements of an issued permit, an issued notice of violation or citation, or a stop work
29 order or emergency order.
30 B. Such permit suspension shall be carried out by the notice of violation provisions of this
31 chapter, and the suspension shall be effective upon service of the notice of violation on the
32 holder or holder's contractors or agents. The holder or holder's contractors or agents may
33 appeal such suspension as provided by this chapter for a notice of violation.
34 C. Notwithstanding any other provision of this chapter, whenever the City manager or designee
35 finds that a violation of any City ordinance, or rules and regulations adopted hereunder, has
36 created, or is creating, an unsanitary, dangerous or other condition which is deemed to
37 constitute an immediate and irreparable hazard, suspension and termination of operations
38 under the permit may be required immediately without service of a written notice of violation.
39
40 1.16.640 Revocation of permit.
41
42 A. The City manager or designee may permanently revoke any permit issued by the City under
43 any ordinance for any of the following reasons:
44 1. Failure of the holder or holder's contractors or agents to comply with the requirements of
45 any issued permit; or
46 2. Failure of the holder or holder's contractors or agents to comply with any notice of
47 violation issued pursuant to this chapter; or
48 3. Interference with the code enforcement officer in the performance of official duties; or
49 4. Discovery that a permit was issued on the basis of incorrect information supplied to the
50 City.
Draft Ordinance No. 16 of 25 Page 169 of 218
DRAFT
1 B. Such permit revocation shall be carried out through the notice of violation provisions of this
2 chapter and the revocation shall be effective upon service of the notice of violation upon the
3 holder or holder's contractors or agents.
4 C. A revocation may be appealed as provided_ for by this chapter for a notice of violation.
5 D. A permit may be suspended pending its revocation or a hearing relative thereto.
6
7 1.16.600 Duty not creating liability.
8
9 No provision or term used in this chapter is intended to impose any duty upon the City or any of
10 its officers or employees which would subject them to damages in a civil action.
11
12 Section 4. Section 8.04.010 of the Medina Municipal Code is hereby amended to read
13 as follows:
14
15 The words and phrases used in this chapter, unless the context otherwise indicates, shall have
16 the following meanings:
17 A. "Abate" means to repair, replace, remove, destroy or otherwise remedy the condition in
18 question by such means and in such a manner and to such an extent as the enforcement
19 officer, in his judgment, determines is necessary in the interest of the general health, safety
20 and welfare of the community.
21 B. "Building materials" means and includes lumber, plumbing materials, wallboard, sheet metal,
22 plaster, brick, cement, asphalt, concrete, concrete block, roofing material, cans of paint,
23 construction debris, and similar materials.
24 C. "Enforcement officer" means the (( '
25 h4n)) the City emoloyee(s) designated by the City manager to enforce the provisions set
26 forth in this chapter.
27 D. "Premises" means any building, lot parcel, real estate or land or portion of land whether
28 improved or unimproved, including adjacent sidewalks, parking strips and right-of-way.
29 E. "Owner" means any person having an ownership interest in the property where the nuisance
30 occurs listed in the records of the King County Assessor.
31 F. "Person" means any natural person joint venture partnership association corporation, trust
32 or any other legal person and the managers officers employees or agents of such legal
33 person.
34 G. "Person in control" of the property where the nuisance occurs means any person in actual or
35 constructive possession of the property including but not limited to an owner, occupant,
36 agent, or property manager of the property.
37 G. "Responsible person" means any person ((agent, lessee er ethe
38 ha ^^ ^haFge_et)) in control of ((aRY PWAises emeept the • neF),) the property where the
39 nuisance occurs.
40
41 Section 5. Section 8.04.050 of the Medina Municipal Code is hereby amended to read
42 as follows:
43
44 8.04.050 Abatement — Notice.
45
46 A. An enforcement officer having knowledge of any public nuisance, shall cause any owner or
47 other responsible person to be notified of the existence of a public nuisance on any
48 premises and shall direct the owner or other responsible person to abate the condition within
49 10 days after notice or other reasonable period.
50 B. If the enforcement officer determines that an emergency exists, the nuisance may be
51 ordered to be abated within 24 hours.
Draft Ordinance No. 17 of 25 Page 170 of 218
DRAFT
1 C. If the enforcement officer is unable to deliver personal notice to the owner or other
2 responsible person, notice requirements shall be satisfied by posting a copy of the order on
3 the premises and mailing a copy to the owner or responsible person at the address of the
4 premises or at any other address known to the enforcement officer.
5 D. The notice shall be in substantially the following form:
6
7 NOTICE TO ABATE UNSAFE OR
8 UNLAWFUL CONDITION
9
10 As (( )) the person in
11 control of the property ((b iIdiR9, !Gt ^H ^•e�)) at (Street Address) , you are
12 hereby notified that the undersigned pursuant to the Medina Municipal Code has
13 determined that there exists upon or adjoining said ((pfew ses)) property the following
14 condition contrary to the provisions of subsection of Section 8.04.020((-)): I i
15 the condition causing the nuisance)
16
17 You are hereby notified to abate said condition to the satisfaction of the undersigned
18 within 10 days of the date of this notice. If you do not abate such condition within 10
19 days,, the City may abate the condition at your expense.
20
21 Abatement is to be accomplished in the following manner:
22
23 Appeal: You may appeal this determination to abate unsafe or unlawful conditions to the
24 Medina hearing examiner pursuant to MMC 8.04.070.
25
26 Dated: (Name of Enforcement Officer)
27 By:
28
29 Section 6. Section 8.04.070 of the Medina Municipal Code is hereby amended to read
30 as follows:
31
32 8.04.070 Abatement by city — Appeal.
33
34 A. Any owner or responsible person may appeal an order determining a nuisance by filing a
35 written appeal with the City stating the basis for the appeal. ((, pFetestiF;9 that Re R---*F-;ai;Ge
36 exists, FRay file a WF;#eF; Sta3t9MR-BAt t-h:-;t SpeGifieG th9 baser, feF the pretest With the Gity Gle
37
38 , the pem'Glq
39
40 ,
41
42
43Ave days fFGFR
44
45
46 eFReFoeRGY exists, ' ))
47 B. Appeals shall be governed by the provisions set forth in MMC 1.15.220 and MMC 1.15.230
48 for a notice of violation.
49 C. If the enforcement officer determines an emergency exists, appeals shall be governed by
50 the provisions set forth in MMC 1.15.030 for an emergency order.
51
Draft Ordinance No. 18 of 25 Page 171 of 218
DRAFT
1 Section 7. Section 8.04.100 of the Medina Municipal Code is hereby amended to read
2 as follows:
3
4_ 8.04.100 Abatement by city - Lien.
5
6 A. The ((sib-s4e)) enforcement officer shall forward to the owner and responsible person, by
7 registered or certified mail, a notice setting forth the total costs of abatement.
8 B. If the abatement costs are not paid within 30 days from the date of the notice, the cost of
9 abatement shall constitute a lien on the property from which the nuisance was removed.
10 C. Such lien may be enforced in the same manner as a mortgage and shall bear interest at the
11 legal rate of interest from the date of notice of the lien.
12
13 Section 8. Section 8.04.110 of the Medina Municipal Code is hereby amended to read
14 as follows:
15
16 8.04.110 Violation — Penalty.
17
18 Any person violating or failing to comply with any provision of this chapter shall be subiect to the
19 provisions and penalties set forth in chapter 1.15 MMC. ((
20
21
22
23 .)) The abatement of nuisance is not a penalty for violating this
24 chapter, but an additional remedy. The imposition of a penalty does not relieve a person of the
25 duty to abate the nuisance.
26
27 Section 9. Section 8.06.010 of the Medina Municipal Code is hereby amended to read
28 as follows:
29
30 8.06.010 Portions of King County Code adopted by reference.
31
32 A. Noise Control Provisions Adopted. The provisions of King County Code Chapters 12.86
33 through 12.100 governing excessive noise and noise control are hereby adopted by
34 reference. All future amendments, alterations and additions to said Chapters 12.86 through
35 12.100 of the King County Code are also adopted by reference. At least one copy of
36 Chapters 12.86 through 12.100 of the King County Code is on file with the city clerk.
37 B. Amendments. The following amendments are adopted:
38 1. Section 12.87.030 is amended to state that "administrator" means the city manager or his
39 designated representative.
40 2. Section 12.87.070(B) is amended to read as follows:
41
42 "Residential district" includes areas designated in the Medina Municipal Code as R-16,
43 R-20, R-30 and SR-30.
44
45 3. Section 12.87.070(C) is amended to read as follows:
46
47 "Commercial district" includes zones designated in the Medina Municipal Code as NA.
48
49 4. Section 12.96.010(D) is amended to read as follows:
50
Draft Ordinance No. 19 of 25 Page 172 of 218
DRAFT
1 No variance shall be granted pursuant to this section until the administrator or Hearing
2 Examiner has considered the relative interests of the applicant, other owners or
3 possessors of property likely to be affected by the noise, and the general public. A
4 technical or economic variance may be granted only after a public hearing on due notice.
5 The administrator or Hearing Examiner may grant a variance, if he finds that:
6 1. The noise occurring or proposed to occur does not endanger public health or safety;
7 and
8 2. The applicant demonstrates the criteria required for temporary, technical or
9 economic variance under Section 12.96.020.
10
11 5. Section 12.96.020(B) is amended to read as follows:
12
13 Technical variance. A technical variance may be granted by the Hearing Examiner on
14 the grounds that there is no practical means known or available for the adequate
15 prevention, abatement or control of the noise involved. Any technical variance shall be
16 subject to the holder's taking of any alternative measures that the Hearing Examiner
17 may prescribe. The duration of each technical variance shall be until such practical
18 means for prevention, abatement or control become known or available. The holder of a
19 technical variance as required by the hearing Examiner, shall make reports to the
20 administrator detailing actions taken to develop a means of noise control or to reduce
21 the noise involved and must relate these actions to pertinent current technology.
22
23 6. Section 12.96.020(C) is amended to read as follows:
24
25 Economic variance. An economic variance may be granted by the Hearing Examiner on
26 the ground that compliance with the particular requirement or requirements from which
27 the variance is sought will require the taking of measures that, because of their extent or
28 cost, must be spread over a period of time. The duration of an economic variance shall
29 be for a period not to exceed such reasonable time as is required in the view of the
30 hearing Examiner for the taking of the necessary measures. An economic variance shall
31 contain a timetable for the taking of action in an expeditious manner and shall be
32 conditioned on adherence to the timetable.
33
34 7. Section 12.99.010 is amended to read as follows:
35
36 Enforcement. Violation of the provisions of Chapter 12.86 through 12.100 shall be
37 subject to the enforcement provisions and penalties set forth in chapter 1.15 MMC
38 ((
39 )). In addition to ((seekii:ig))
40 impositions of the fines provided herein for any violation, such violations may be
41 enjoined or abated as a nuisance under the provisions of Medina Municipal Code
42 Chapter 8.0A.
43
44 8. Section 12.99.020 is amended to read as follows:
45
46 Appeals. Any person aggrieved by a final order of the administrator, may appeal to the
47 Medina Hearing Examiner pursuant to MMC 2.78.070 of the Medina Municipal Code.
48 Appeal of a final order ((by)) of the Hearing Examiner shall be pursuant to MMC
49 2.78.100.
50
Draft Ordinance No. 20 of 25 Page 173 of 218
DRAFT
1 Section 10. Section 12.28.280 of the Medina Municipal Code is hereby amended to
2 read as follows:
3
4 12.28.280 Violation - Penalty.
5
6 Violation of any provision of this chapter shall be subiect to the enforcement provisions and
7 penalties set forth in chapter 1.15 MMC ((
8 peRaity R9t tG 9XGeed $40,GGQ. This PeRalty may be assessed on a peF tFee basis where the
9 ))•
10
11 Section 11. Section 12.32.080 of the Medina Municipal Code is hereby amended to
12 read as follows:
13
14 12.32.080 Violation - Penalty.
15
16 Violation of any provision of this chapter shall be subject to the enforcement provisions and
17 penalties set forth in chapter 1.15 MMC ((GGRstitute a Givil iRfFaGtieR,
18 ,
19 ))•
20
21 Section 12. Section 14.12.080 of the Medina Municipal Code is hereby amended to
22 read as follows:
23
24 Violation of any provision of this chapter shall be subiect to the enforcement provisions and
25 penalties set forth in chapter 1.15 MMC.
26
27 (( .
28 4. it us a vialatieR ef this ehapteF feF any peFS9R t9 use,
29
30
31 .
32 '
33
34 '
35 upeR the ewneF,
36 vielatiei; shall state sepaFately eaGh 6tandaFd 9F FeclUk9ment vielated; shall state wh
37 GGFF9GtiYe aGtiQA, if aRy, iS ReGessaFy to remply with the standaFGIS GF FegWiFemeRtsi and
38 ,
39
40
41
42
43 .
44
45
46
47
48
49
50
51
Draft Ordinance No. 21 of 25 Page 174 of 218
DRAFT
1
2 GeRstitute a sepaFate effense.
3
4
5
6 errler hall een titute ayielatien of this ehnnter
., .,..ter.......
7 P. Additional Relief. The Gity may seek legal 9F equitable Felief to enjeiR aRy aGtS OF praG
8 •))
9
10 Section 13. Section 15.20.090 of the Medina Municipal Code is hereby amended to
11 read as follows:
12
13 15.20.090 Violations and penalties.
14
15 Violation of any provision of this chapter shall be subject to the enforcement provisions and
16 penalties set forth in chapter 1.15 MMC.
17
18 ((A. VialatieRs.
19
20 •
21
22 •
23 '
24
25 been violated, the Gity'S
26
27, if ,
28 ,
29 ,
30
31 Fequested,
32
33
34 .
35
36 available, any peFSOR Yi9lating OF failiRq te G39RAPly With the PF9Yi6i9n6Ofshall
37 subjeGt te a Gumulative
38 date set fGF eempliaRG9. The penalty impe6ed by this seGtieR shall be GelleGted by Giv4
39
40
41
YL AQtA 1 r
,
43
44 , enstit, Ite a c anasta „ranee
45 C Step VVer4 (lyd-er \AA;enever entire, lien t
o�op ..G110 oIGG, Ot1IG11G401 a CGIICIIIGI119 vislatien of this sha��er 9GG.61F6,-s
46
47
48 .
49
50 •))
51
Draft Ordinance No. 22 of 25 Page 175 of 218
DRAFT
1 Section 14. Section 17.04.060 of the Medina Municipal Code is hereby amended to
2 read as follows:
3
4 17.04.060 Violation - Penalty.
5
6 Any violation of title 17 MMC shall be subject to the enforcement provisions and penalties set
7 forth in chapter 1.15 MMC ((
g ))•
9
10 Section 15. Section 17.80.130 of the Medina Municipal Code is hereby deleted.
11
12 ((47.80.43OVielatieR Penalty-.
13
14 r
15 eXGeed 1- GI; day a Sign shall exist iA YielaWR Gf this GhapteF shall GGnstitwte a
16
17 Fequest of the ni4.,.))
18
19 Section 16. Section 17.90.180 of the Medina Municipal Code is hereby deleted.
20
21 ((80 Violation - Penalty.
22
23
24
25 sepaFate eivil inkaotien,
26 , shall GGR ate Gause
27 fe th sity-tce medify9r—FeVeke any spesial use peFFA 4 \
28
29 Section 17. Section 17.92.010 of the Medina Municipal Code is hereby deleted.
30
31 ((4;!.92.^�-o40::elatien Penaltr-
32
33
34
35 not te exGeed @Q days,
36
37
38
39 ,
40 building neFFAi+ if Fen,.ired fled shall nenstit„te a sepaFate 9# ))
41
42 Section 18. Section 18.12.230 of the Medina Municipal Code is hereby amended to
43 read as follows:
44
45 18.12.230 Unauthorized alterations, enforcement and penalties.
46
47 The provisions set forth in this section shall apply to all violations of this chapter. Penalty and
48 enforcement provided herein shall not be deemed exclusive, and the city may pursue any
49 appropriate remedy or relief.
50 A. Enforcement and Penalties. (( ,
51
Draft Ordinance No. 23 of 25 Page 176 of 218
DRAFT
1
2 ))
3 Violation of any provision of this chapter shall be subiect to the enforcement provisions and
4 penalties set forth in chapter 1.15 MMC.
5 B. Damages. Any person, firm, corporation or association or agent thereof who violates any of
6 the provisions of this chapter shall be liable for all damages to public or private property
7 arising from such violation, including the cost of restoring the affected area to an equivalent
8 or improved condition prior to the violation.
9 C. Restoration. All development work shall remain stopped until a restoration plan is prepared
10 and approved by the city of Medina, unless, in the opinion of the city manager or designee,
11 stopping work will result in a greater critical area impact or hazard. In such an instance, the
12 city manager or designee may require additional, temporary work to reduce the critical area
13 impact or hazard until a restoration plan can be approved. The restoration plan shall be
14 prepared in accordance with MMC 18.12.180. Restoration shall include, but not be limited
15 to, removal of any unauthorized fill and replacement of unauthorized cleared vegetation with
16 native species similar to those which were removed or other approved species such that the
17 hydrological, biological and habitat functions and values are restored. Studies by a qualified
18 expert shall be conducted to determine the conditions which were likely to exist prior to the
19 illegal alteration. Restoration shall also include installation and maintenance of interim and
20 emergency erosion control measures until such time as the restored site complies with city
21 requirements.
22 D. Stop Work Orders. When a critical area or its buffer has been altered in violation of this title,
23 all ongoing development work shall stop and the critical area shall be restored at the
24 owner's or other responsible party's expense. The city shall stop work on any existing
25 permits and halt the issuance of any or all future permits or approvals for any activity which
26 violates the provisions of this chapter until the violation is resolved and all penalties are paid
27 in full.
28
29 Section 19. A new section 18.04.030 of the Medina Municipal Code is hereby adopted
30 to read as follows:
31
32 18.04.030 Violations and penalties.
33
34 Violation of any provision of this chapter shall be subject to the enforcement provisions and
35 penalties in chapter 1.15 MMC and Washington Administrative Code 173-27-240 through 173-
36 27-310.
37
38 Section 20. Severability. If any section, sentence, clause, or phrase of this ordinance
39 should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity
40 or unconstitutionality shall not affect the validity of any other section, sentence, clause, or phrase
41 of this ordinance.
42
43 Section 21. Effective Date. This ordinance shall take effect five (5) days after its
44 publication or the publication of a summary of its intent and contents.
45
Draft Ordinance No. 24 of 25 Page 177 of 218
DRAFT
1 PASSED BY THE CITY COUNCIL ON THIS _ DAY OF , 2010 AND SIGNED IN
2 AUTHENTICATION OF ITS PASSAGE ON THE DAY OF , 201010.
3
4
5
6
7
Approved as to form:
Steve Victor, City Attorney
Mayor
Attest:
Rachel Baker, City Clerk
Draft Ordinance No. 25 of 25 Page 178 of 218
ITEM OB-5
CITY OF MEDINA
u.
Development Services
501 Evergreen Point Road, Medina WA 98039
425.233.6400 (phone) 425.454.8490 (fax) www.medin wa.gc v
STAFF REPORT
Enforcement Procedures
Summary: Proposed code amendments to the code enforcement sections of the
Medina Municipal Code to add citation procedures to chapter 1.15 for certain violations,
revise and consolidate code enforcement procedures under chapter 1.15 to create a
more cohesive enforcement program, add local enforcement procedures to the
shoreline management master program, and add duties to the hearing examiner to
adjudicate code enforcement actions.
Part 1 - Introduction:
1. REGULATORY REVIEW CRITERIA:
a. RCW 35A.11.020 grants the city council the authority to adopt and enforce
ordinances of all kinds relating to and regulating local affairs and appropriate to
the good of the City that are not in conflict with state law. Any violation of such
ordinances constitutes a misdemeanor or gross misdemeanor, or as an
alternative can be designated as a civil violation subject to monetary penalties
provided that no act which is a state crime may be made a civil violation.
b. RCW 90.58.200 and RCW 90.58.210 grants to local government the authority to
adopt enforcement procedures as are necessary and appropriate to carry out the
provisions of the Shoreline Management Act (chapter 90.58 RCW). The
enforcement regulations may be adopted separate from and are not required to
be made part of the local shoreline management master program.
Part 2 — Public Participation:
1. NOTICES:
• Notice for the planning commission public hearing was published in the Seattle
Times newspaper on December 1, 2009, and posted at city hall on November 23,
2009.
• Notice of the planning commission and council agendas are posted at city hall.
The planning commission held meetings on the subject at their regularly
scheduled meetings on April 29, May 21, July 28, September 22, October 27,
and November 17, 2009.
Staff Report: Code Enforcement 1 of 16 Page 179 of 218
ITEM OB-5
2. PUBLIC COMMENTS RECEIVED (as of December 7, 2009):
, Fy�n-�
None received
Part 3 — Staff Analysis:
BACKGROUND:
1. The proposal to revise the city's administrative code enforcement procedures was
formulated from the frequent complaints associated with construction received by
the city. Citizens have expressed concerns that the code enforcement program
does not offer strong enough disincentives to dissuade violations like blocking
private lanes, inadequate erosion control measures, and construction parking spill-
over from occurring.
2. This perception about a lack of disincentive can be found in the existing code
enforcement procedures being time-consuming and cumbersome. In summary, at
the root of the problem is that the code enforcement tools available to the City are
not very effective in addressing certain types of violations. This will be discussed
later in this report.
3. The principals of enforcement of zoning and similar ordinances are based on
nuisance avoidance laws. The overall principal is that local government may take
action to prevent things that would cause harm or offense to people in the general
public. Originally, enforcement relied on a person being charged with a criminal
misdemeanor, or with a civil action being brought in a court of law. The problem with
this approach is that criminal offenses carry a much higher burden of proof to
establish guilt than can be shown for most zoning and similar ordinance types of
violations. Adding to the difficulty is that most judges are not familiar with land use
issues and have a hard time comparing a zoning violation with a criminal offense
such as robbery.
4. Because of the difficulties, many jurisdictions, including Medina, have opted to
decriminalize violations of zoning and similar ordinances. Instead, they are
designated as civil violations and administrative civil enforcement procedures are
adopted to address them. The advantage of decriminalizing a violation and
designating it as a civil offense is that it carries a much lower burden of proving guilt
("preponderance of evidence" or "clear and convincing evidence" compared to
"beyond a reasonable doubt" for criminal offenses). Civil violations carry monetary
penalties that provide restitution for the wrongdoing committed by the person. The
act of restitution serves as a disincentive that is meant to dissuade a person from
committing the violation in the first place.
5. The City has a notice and order (notice of violation) process in chapter 1.15 MMC
that contains administrative civil enforcement procedures. However, this process is
cumbersome for certain types of violations. One possible solution can be found in
the police department's authority to issue citations when construction work occurs
outside of certain hours. The authority to issue a citation has been viewed as a very
Staff Report: Code Enforcement 2 of 16 Page 180 of 218
ITEM OB-5
effective tool with preventing most construction activity from occurring during late
evening hours and Sunday.
6. Notice of Violation v. Citation
a. The difference between a notice of violation and a citation is that a citation
carriers an immediate fine for having committed the violation and a notice of
violation provides a specified amount of time to correct a violation without a
monetary penalty automatically being assessed.
b. The advantage of a citation is that it provides a tool for addressing violations that
tend to be a single event, which are momentary in nature, and are easy and
quick to resolve. It allows for quick action. Violations that are of a momentary
nature do not tend to lend themselves well to longer more engage processes
such as the notice of violation, which is discussed in more detail below.
Examples of violations that are momentary in nature include illegal parking,
excessive noise, lack of erosion control measures, violating stop work orders,
and other construction related types of violations.
c. The advantage of a notice of violation is that it provides a tool for addressing
violations that are longer in duration, or require more extensive action to resolve.
Underlying the notice of violation process is the potential for accumulating daily
penalties, which can add up and become a significant sum if prompt action is not
taken to correct the violation. A notice of violation also has more flexibility in
working with individuals because penalties are not automatically assessed.
Often the risk of penalties provides a stronger incentive for voluntary compliance
then the actual assessment of penalties.
d. As discussed previously, the purpose of monetary penalties is to act as a
disincentive that dissuades people from engaging in wrongful behavior.
However, when a notice of violation process is utilized to address violations that
are momentary in nature, the process itself interferes with the ability to dissuade.
This is due to the fact that by the time a notice of violation is issued and the
deadline for corrective action has expired, momentary types of violations have
already been corrected. Basically, the duration of the violation is considerably
shorter then the time required for a notice of violation to progress to penalties. A
person can commit an act such as a parking violation with the knowledge that
while they may get a stern warning from the City, they are unlikely to be
assessed any penalties because the violation would be corrected before
enforcement gets to the step that penalties can be applied. The result is that the
threat of a notice of violation tends to offer little disincentive in preventing those
violations that are momentary in nature.
7. Another important element of enforcement is Due Process, which is the principal that
government must respect all of the legal rights that are owed to a person according
to law. At a basic level, due process is "fundamental fairness." As construed by the
courts, it includes an individual's right to be adequately notified of charges or
proceedings, the opportunity to be heard at these proceedings, and that the person
Staff Report: Code Enforcement 3 of 16 Page 181 of 218
ITEM! OB-5
or panel making the final decision over the proceedings be impartial in regards to the
matter before them.
8. When administrative civil enforcement procedures are adopted, those adopted
regulations establish a procedural due process right that is afforded everyone. In
developing administrative procedures, it is important that the procedures be
balanced to ensure proper due process while not create an undue procedural
burden that results in violations being dismissed on minor procedural steps.
CITY'S EXISTING CODE ENFORCEMENT PROGRAM
9. The ultimate goal of any code enforcement action by the City is to obtain
compliance. How the code enforcement program is conducted is driven by the city
council's policy to focus on cooperation and getting people to voluntarily correct their
violation. The use of penalties is considered a last resort when other efforts to
obtain compliance have failed.
10.The primary role city council policy plays in the enforcement program is that it
provides the guidance on how city staff administers the program. The municipal
code provides the tools and procedural due process, but the city council policy sets
the tone and manner of how enforcement tools provided by the code are utilized. Its
worth noting that the city council policy should be broadly applicable and cannot be
targeted to a particular individual or situation.
11.The Medina Municipal Code contains various provisions that designate code
violations of development regulations as criminal offenses, civil offenses, or both.
Here is a summary of these provisions:
Chapter 1.15 provides civil procedures (notice and order) for violations of zoning,
nuisances, noise, tree code, structures in the rights -of -way, building codes,
construction mitigation plans, and critical areas. Monetary penalties start at $100
for the first day and increase to $500 per day after the fifth day. The chapter also
provides as an alternative that these violations can be a criminal misdemeanor
punishable by up to 90 days in jail and/ or up to $1,000 in fines.
• MMC 8.04 provides for the designation of public nuisances. The content of this
chapter primarily focuses on abatement procedures. Public nuisances are a civil
infraction that carries a fine of up to $500. The act of abatement itself is not
considered a penalty.
• MMC 8.06 provides for violations of noise control as a civil infraction punishable
by a fine not to exceed $500 and be abated under chapter 8.04. Each day the
violation continues to exist constitutes a new violation.
• MMC 12.28.280 provides violations of the tree code as a civil infraction
punishable by a fine of up to $10,000 assessed on a per -tree basis.
• MMC 12.32.080 provides violations in the unimproved portions of the public
rights -of -way as a civil infraction, punishable by a civil penalty not to exceed
$1,000. Each day the violation continues to exist constitutes a separate civil
infraction.
Staff Report: Code Enforcement 4 of 16 Page 182 of 218
ITEM OB-5
• MMC 14.12.080 provides civil enforcement procedures for violations of an
approved site plan review. Violations are subject to a cumulative monetary
penalty of $500 per day. Civil action is required to collect the penalties.
Violations also may be subject to criminal penalties of up to $1,000 and/or
imprisonment for a term not to exceed 30 days.
• Chapter 15.04 MMC adopts the international codes for building, fire, mechanical
plumbing, etc, which contain regulations for notice of violations, stop work orders,
and unsafe structures and equipment. Because the international codes are
written for a national audience, they reference local ordinances for the penalties.
• MMC 15.20.090 provides violations of a construction mitigation as either a notice
of violation (civil) punishable by a fine of $500 per day, or a criminal offense
punishable by a fine of up to $1,000 and/ or jail of up to 30 days. Civil action is
required to collect the penalties for the notice of violation.
• MMC 17.04.060 provides violations of any land use or subdivision regulation as a
misdemeanor punishable by up to 90 days in jail and/or a fine of up to $1,000.
• MMC 17.80.130 provides violations pertaining to signage as a misdemeanor
punishable by a fine of up to $500. Each day the violation continues constitutes
a new offense.
• MMC 17.90.180 provides violations pertaining to wireless communication
facilities as a civil infraction punishable by a fine of up to $1,000. Each day the
violation continues constitutes a new offense.
• Chapter 17.92 MMC provides any violation of title 17 as a misdemeanor
punishable by a fine of up to $300 and/or by up to 90 days in jail. Each day the
violation continues constitutes a new offense.
• MMC 1J3.12.230 provides violations of the critical areas ordinance as a
misdemeanor punishable by a fine of up to $1,000. Each day the violation
continues constitutes a new offense. Stop work orders are also authorized.
12. While many chapters of the Medina Municipal code contain enforcement provisions,
chapter 1.15 MMC serves as the primary tool for enforcement action because of its
comprehensive nature. The chapter was adopted in April 2003 by Ordinance No.
744 and it somewhat parallels enforcement regulations found in other chapters.
However, most of these other regulations vary in their consistency with each other
and chapter 1.15 MMC. They were not integrated with chapter 1.15 MMC, which
has created a regulatory framework for enforcement that is confusing. The City relies
on chapter 1.15 MMC to create a coherent enforcement program relating to
development.
Staff Report: Code Enforcement 5 of 16 Page 183 of 218
ITEM OB-5
13.The following represents a diagram outlining the civil enforcement procedures
currently found in chapter 1.15 MMC:
• Entered into anytime
• Agrees to violation
• Waives right to appeal
• Timeline for corrective
action
Note: The Notice & C
Notice of Violation ar(
(Notice of Violation is
to -date term)
INDEX
Primary process = —
Colors represent groupir
processes
Staff Report: Code Enforcement 6 of 16 Page 184 of 218
ITEM OB-5
14.The current code enforcement program is successful in that the majority of code
enforcement actions do not proceed beyond the first contact. Most people contacted
about a violation respond quickly and try to correct their violation. Occasionally, an
enforcement action progresses to a correction agreement, but rarely does a violation
progress to the point of penalties. However, while the City is successful at resolving
code violations, the fact that the available tools available cannot dissuade certain
types of violations means the enforcement program is not entirely effective. This is
particularly true at construction sites where multiple contractors are operating under
a general contractor who may be exercising minimal control.
PROPOSED CHANGES TO ENFORCEMENT PROCEDURES:
15.The following table provides a summary of the proposed changes to chapter 1.15
MMC. In sum, the proposed changes add citation authority for certain momentary
types of violations, updates the notice and order procedures, and clarifies
administrative civil enforcement processes.
..
Definitions
owl A at
has
- New definitions for Citation, City, Days, Fine,
Notice of Violations and Incidental Expenses for
clarity
- Word plural/ singular use interchangeable for
clarity
Violations
Applicability
Added violations of site plan review and
Shoreline Management Act to existing list
Initiation -
Codifies what is already performed and
investigation
provides clarity in the process
First contact
First contact —
Provides procedures for documenting action
warning notice
using a warning notice
Stop work order
- Expand the authorit to use this tool
Correction
- Revised for clarity
Agreement
- Sets a date monetary penalties can
accumulate retroactively if compliance fails
Citation procedures
- Incentive for quick compliance
- Can be repeated
Ability to mitigate
-Administrative process
fines
- Incentive for prompt compliance
Ability to contest
Due process with the hearing examiner
citation
Notice of violation
- Revised for clarity
(notice & order)
-Consolidates NOV procedures
- Provides 14 instead of 10 days to respond
(Continued on next page)
Staff Report: Code Enforcement 7 of 16 Page 185 of 218
ITEM OB-5
(Continued from previous page)
r.
'm
�i
NOV appeal
- Revised to provide 14 instead of 10 days to file
procedures
an appeal (better consistency with other
development regulations)
- Due process with hearing examiner
Failure to appear at
Results in default decision of guilty
contested or
appealhearing
Final Order
Predictability of when penalties can be assessed
Method of service
-Adds warning notices and citations
Violations
Monetary penalties
- Monetary penalties set by code
-Certainty of penalty amount
- Moved to a separate section for clarity
Personal
Collection of
- Clarify procedures on collecting monetary
obligation
monetary penalties
penalties
authorized
Emergency Order
Provides a tool for violations that create an
immediate and emergent threat
Criminal violations -
Provides an alternative when civil procedures
fail
Abatement by the city
- Provides authority for summary abatement of a
condition
-Works in conjunction with chapter 8.04
nuisances
Entry to building
Provides procedures for legally entering a
property for the purpose of enforcement
Lien authorized
Provides a tool for cost recovery
Suspension of permit
Provides procedures to suspend a permit due to
a violation
Revocation of permit
Provides procedures for revocation of a permit
due to a violation
Duty not creating a
Adds protection from civil action when the city is
liability
performing within the scope of our duties
16.The diagram on the following page shows an outline of what the new proposed
administrative enforcement procedures in chapter 1.15 MMC would look like.
Staff Report: Code Enforcement 8 of 16 Page 186 of 218
• Entered into anytime
• Agrees to violation
• Waives right to appeal
• Timeline for corrective
action
Note: The changes outlined in
the diagram show a more
detailed program that provides
additional tools for enforcement.
It is also worth noting that
summary abatement is set forth
in chapter 1.15, but the steps for
general abatement are found in
chapter 8.04 (nuisances).
ITEM OB-5
Complaint Received
—J
• Attempt to secure
_.
t—
correction
• Timeline for corrective
ce
action
• Stop work
Staff Report: Code Enforcement 9 of 16 Page 187 of 218
17.The following table provides a
enforcement regulations in chapters
these changes is to create a mo
program.
ITEM 013-5
summary of the proposed changes to the
other than chapter 1.15 MMC. The purpose of
re integrated and coherent code enforcement
Section .
,Neir�
" v:[% ea�
, `easar .. ,y .
Provide authority for the hearing examiner to
2,78,070
Hearing Examiner
Duties
adjudicate enforcement actions
8.04.010
New definitions for
-Director of public -
Provides the city manager flexibility in
Owner, Person,
safety as the
designating who has responsibility for
Person in Control;
enforcement officer
administering the chapter on nuisances
revised definitions
-Excluding property
-An abatement action for a nuisance should
for enforcement
owner as a
include the property owner because of the
officer, responsible
responsible person
possibility of a lien and because often the
person
property owner is the one responsible for the
nuisance
8.04.050
24-hour Abatement
Provides consistency with the emergency and
involving an
summary abatement regulations in chapter 1.15
emergency
8.04.070
Reference chapter
Appeal to city council
Consolidation of enforcement program under
1.15 for appeal
chapter 1.15 and provides consistency with
procedures
hearing examiner duties
8.04.100
Enforcement officer
City Clerk
Consistency with the rest of chapter 8.04
8.04.110
Reference to
Enforcement &
Consolidation of enforcement program under
chapter 1.15
Penalties
chapter 1.15
8.06.010
Reference to
Enforcement &
Consolidation of enforcement program under
chapter 1.15
Penalties
chapter 1.15
12.28.280
Reference to
Enforcement &
Consolidation of enforcement program under
chapter 1.15
Penalties
chapter 1.15
12.32.080
Reference to
Enforcement &
Consolidation of enforcement program under
chapter 1.15
Penalties
chapter 1.15
14.12.080
Reference to
Civil/ Criminal
Consolidation of enforcement program under
chapter 1.15
Enforcement
chapter 1.15
Procedures &
Penalties
15.20.090
Reference to
Civil/ Criminal
Consolidation of enforcement program under
chapter 1.15
Enforcement
chapter 1.15
Procedures &
Penalties
17.04.060
Reference to
Enforcement &
Consolidation of enforcement program under
chapter 1.15
Penalties
chapter 1.15
17.80.130
Delete Section
Redundant
17.90.180
Delete Section
Redundant
17.92.010
Delete Section
Redundant
18.12.230
Reference to
Criminal Offense
Consolidation of enforcement program under
chapter 1.15
chapter 1.15
18.04.030
New Section
Adding local enforcement provisions for
violations of the Shoreline Manage ent Act
Staff Report: Code Enforcement 10 of 16 Page 188 of 218
ITEM OB-5
OTHER ITEMS OF DISCUSSION:
18.One of the key considerations for any enforcement program is that it avoids the
appearance of selective enforcement. Selective enforcement is the appearance that
a general fishing expedition is targeted at a particular individual or property owner
without having a reasonable suspicion of a violation. Selective enforcement is a
matter decided by the courts and, if proven, violates constitutional rights of equal
protections.
19.The primary method the City employs to avoid the appearance of selective
enforcement is using complaint -driven as the basis for initiating a code enforcement
action. This means a complaint must be received first or city staff must observe a
violation as part of conducting their normal duties before an enforcement action is
initiated. The City does not utilize a program that purposely seeks out violations. (It
is worth noting that a pro -active enforcement program can be utilized, but in
designing such a program the avoidance of selective enforcement must be
included.)
20. Subjectivity
• The topic of subjectivity is an important matter relevant to any code enforcement
program. One of the primary characteristics of a good code enforcement
program is the ability of officials to exercise judgment in determining what course
of actions is the most appropriate for the individual circumstances. The need to
exercise judgment is necessary in order to fit the proper code enforcement
actions to the particular circumstances that will best obtain voluntary compliance.
• The code enforcement process starts with receipt of a complaint after which an
enforcement official must gather evidence relevant to the complaint and then
weigh that evidence to determine if there is belief sufficient evidence exists to
substantiate a violation.
Once an enforcement official verifies the existence of a violation, the next step is
to determine who is responsible for the violation. Again, the evidence is
evaluated to make this determination. It is worth noting that the property owner
is always responsible for a violation because they have an inherent responsibility
in ownership to maintain their property in a lawful manner. The existence of a
violation means the property is not maintained in a lawful manner. Additionally,
by including the property owner as a person responsible for a violation, the
property owner is prevented from benefitting from an illegal act.
Once the presence of a violation has been determined, and the responsible
parties identified, the decision on how to move forward is made. This decision is
made based on individual circumstances relevant to the violation. Individual
circumstances can vary from case -to -case, such as, but not limited to the affect
of the violation on the public health and safety, the willingness of the party to
correct the violation, and the party's intent in committing the violation (was the
violation purposeful or accidental). These are important factor that must be
Staff Report: Code Enforcement 11 of 16 Page 189 of 218
ITEM OB-5
weighed and judged in developing a course of action that best achieves the
primary objective of correcting the violation and obtaining compliance.
Equally important to the topic of subjectivity is the fact that enforcement officers
must operate within the legal boundaries of their authority. For example, RCW
35A.42.050 regulates the conduct of public officers and employees in Medina.
Chapter 2.76 MMC identifies indemnification of City employees and officials who
perform their duties within certain constraints. (City employees and officials who
operate outside of the limits of their authority can be subject to personal legal
remedies.) Finally, constitutional protections and case law provide legal
constraints relating to due process, equal protections, and search and seizure
protections.
• Within this overall legal framework, enforcement that is discriminatory in effect
and discriminatory in its purpose would be illegal. However, laxity in enforcement
as to some violations is not a defense to enforcement against other violations
unless arbitrary or prohibited grounds were used to determine those instances of
when the enforcement was applied. The criteria that establish arbitrary or
prohibited grounds are found in the decisions of the courts. What this is pointing
towards is that there are established legal constraints on the behavior of public
officials and employees that apply when subjective judgment is used to
determine what code enforcement action to take.
21. ABATEMENT
• When penalties and other efforts fail to resolve a violation, the City has authority
to initiate a process to abate the condition causing the violation. It is important to
understand that abatement is not a penalty. It is a tool used to alleviate a public
nuisance or an emergency situation where the public health and safety is
threatened.
Abatement involves a separate process from administrative enforcement
procedures. Except in the case of an emergency, after notice is given, the City
must obtain a court order before the City can enter a property to abate a
condition. The City can recover the full cost incurred to conduct abatement by
billing the person responsible for the nuisance and taking action to collect the
debt, including placing a lien on the property.
The difference between a violation and a nuisance is that an action to correct a
nuisance is directed at the property while an action to correct a violation is
directed at a person. While they often tend to be interchangeable, the difference
is reflected in who an action can be directed at. A person responsible for a
nuisance is a person who "controls" the property while a person responsible for a
violation is a person who "commits an act." Often, these can be the same
person, but not necessarily (example: a contractor could be responsible for a
violation that creates a public nuisance so while the violation action would be
directed against the contractor, the City could direct abatement and cost recovery
against the person controlling the property).
Staff Report: Code Enforcement 12 of 16 Page 190 of 218
22.To help understand how the program can operate, the following are simplified
examples of possible actions the City could take under the proposed new
regulations:
Scenario One: A contractor, hired by a property owner, cuts a significant tree without
a permit. The neighbor phones in a complaint to the City.
STEP ONE: The City would initiate an investigation to determine if a violation
exists. If the violation was not observable from the public rights -of -way, we
would request permission from the neighbor to enter their property in order to
observe the violation.
STEP Two: If a violation is observed and confirmed, it is documented and the City
gathers information on the property owner and the contractor.
STEP THREE: The City contacts the contractor and issues a warning notice. We
may also contact the property owner as well. Generally, this starts out as a
verbal warning. Based on the results from the verbal warning, the City will
convert the verbal warning into a written warning notice that will be issued to the
contractor. Depending on the circumstances, a written warning may also be
issued to the property owner. The decision to include the property owner is
usually based on the responsiveness of the contractor. The warning notice will
contain a deadline for completing corrective actions.
STEP FOUR: The property owner/ contractor work out tree replacement mitigation
with the City and apply for a permit. Once the permit is issued, the property
owner/ contractor are responsible for planting the replacement trees and/ or
paying into the Medina tree fund within the timeframe prescribed in the warning
notice. If more time is needed, upon receiving a written request, the City may
extend the deadline, or may require a correction agreement where a new
deadline may be given.
Step Five: Once the terms of the permit are completed and the violation is
corrected, the property owner/ contractor are responsible for contacting the City
and scheduling an inspection to confirm compliance. If the violation is not
corrected by the stated deadline, the City can issue a citation, which will carry
monetary penalties. The citation can be issued to whoever a warning notice was
given. Again, the decision to issue the citation to the contractor and or the
property owner will be made based on the particular circumstances.
STEP Six: The person receiving the citation can pay the fine, request to mitigate
the fine, or contest the citation and fine. Each day the violation remains
uncorrected, the City can issue a new citation with new monetary penalties.
STEP SEVEN: If issuance of citations fails to obtain compliance, the City can refer
this for criminal prosecution, or an abatement action.
Staff Report: Code Enforcement 13 of 16 Page 191 of 218
ITEM OB-5
Scenario Two: A neighbor calls in a complaint that vehicles associated with a
construction project next door are blocking the private lane they use for access. The
City has issued permits for the project.
STEP ONE: The City would initiate an investigation to determine if a violation
exists. The issuance of the permit gives the City authority to enter the property to
check for compliance with the terms of the construction mitigation plan, which
usually includes a prohibition from blocking private lanes.
STEP Two: Once the violation is confirmed, the City contacts the contractor and
issues a verbal warning and an order to immediately comply. This is followed -up
by a written warning notice to document the violation. A copy of the warning
notice may be sent to the property owner.
STEP THREE: The contractor must contact the City for inspection to confirm the
violation has been corrected, or the City may inspect on its own prerogative. If
the violation is not corrected, the City can issue a citation to the contractor and to
each vehicle illegally parked on the private lane.
STEP FOUR: If on another day, a second similar complaint is received and the City
confirms another violation, depending on the circumstances, the City may issue
another warning notice, or may issue citations without a warning notice.
STEP FIVE: If the contractor fails to prevent repeated violations, the City may opt
to bring action against the property owner. The property owner will be given a
written warning about the violations. If the violations continue, the property
owner can be issued a citation. The City can also suspend or revoke a permit if
the violation, including payment of any monetary penalties, is not resolved.
STEP Six: The person receiving the citation can pay the fine, request to mitigate
the fine, or contest the citation and fine.
STEP SEVEN: If issuance of citations fails to obtain compliance, the City can refer
this for criminal prosecution, but will more likely suspend the permit and/ or
construction mitigation plan until a plan to prevent future violations is worked out
and accepted by the City.
Scenario Three: The City receives a complaint from a neighbor that excavation and
grading activity is occurring on the adjacent property. The City has no record of a
permit.
Step One: The City would initiate an investigation to determine if a violation exists.
If the violation was not observable from the public rights -of -way, we would request
permission from the neighbor to enter their property in order to observe the violation.
Step Two: If a violation is observed and confirmed, a stop work order is issued. All
work must cease. If any work continues, the City will issue a citation immediately for
Staff Report: Code Enforcement 14 of 16 Page 192 of 218
ITEM OB-5
violating the stop work order that will carry monetary penalties. The violation is
documented and the City gathers information on the property owner and the
contractor.
Step Three: (A) If the contractor and/ or property owner respond immediately to the
stop work order, the City will work out the requirements for submitting a grading and
drainage permit and the appropriate construction mitigation with the contractor and/
or property owner including a deadline for compliance. (B) This will be documented
either by a written warning notice or by a correction agreement. (C) Once a
complete grading and drainage permit application is submitted, reviewed and issued,
the stop work order is removed and the property owner/ contractor may continue
working under the conditions of the permit.
Step Four: (A) If the contractor and/ or property owner do not respond to the stop
work order, a notice of violation will be issued to both. The notice of violation will
contain a list of the corrective actions and a deadline for submitting a grading and
drainage permit application and construction mitigation to the City. (B) The property
owner/ contractor may comply with the terms of the notice of violation or they may
appeal. (C) If they do not file an appeal and fail to comply with the terms of the
notice of violation, a final order will be issued that will carry daily monetary penalties.
Step Five: If accumulative monetary penalties fail to gain compliance, the matter
may be referred to the city attorney for prosecution as a criminal offense, or steps for
abatement action may be initiated.
23. Planning commission comments:
Comment: Recommend adding a response time about when a code enforcement
officer may initiate an investigation.
This would place a time frame on when the city would be allowed to initiate an
enforcement action. The advantage of this is that it would provide a more
predictable time period in which to initiate an enforcement action. The challenge of
this is that it places a burden on staff to meet a mandated time period. If the
response time for initiating an investigation was missed, it could provide an avenue
for challenging an enforcement action on procedural grounds.
Comment: How long is reasonable?
This is a legal standard and it means that which is appropriate for a particular
situation. Every code enforcement action is unique in that the circumstances and
conditions usually differ from case to case. We analyze the particulars of each case
and use this as the basis for deciding how much time to allow.
Comment: Do we want to recover costs for staff time too?
This relates to the cost of abatement and is addressed in MMC 1.15.500, which says
the cost of abatement, including incidental expenses, shall be billed to the person
Staff Report: Code Enforcement 15 of 16 Page 193 of 218
ITEM OB-5
responsible for the violation. Incidental costs are defined in 1.15.020 and include
personnel costs and costs associated with administration.
Comment: Who will weigh the merits of an appeal and make a decision of whether
or not to agree or disagree with the appeal of an abatement action on a public
nuisance.
This relates to public nuisances in chapter 8.04 MMC which are those activities that
can cause harm or offense to people in general. The City has considerable latitude
in what can be declared a public nuisance, but once that declaration is made, it
becomes a legal matter similar to other code enforcement actions. The hearing
examiner decides appeals of code violations and the proposed change in MMC
8.04.070 for an appeal of a nuisance would be the same.
24.The Responsible SEPA Official has concluded that the adoption of an ordinance
pertaining to enforcement relates solely to governmental procedures and contains
no substantive standards respecting use or modification of the environment and is
therefore exempt from the requirements of the State Environmental Policy Act
pursuant to WAC 197-11-800(19); and
25.A Notice of Intent to Adopt was sent to the Washington State Department of
Community, Trade and Economic development pursuant to RCW 36.70A.160 and
expedited review was requested.
Report prepared by:
Robert J. Grumbach, AICP
Director of Development Services
Staff Report: Code Enforcement 16 of 16 Page 194 of 218
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MEDINA PLANNING COMMISSION
RECOMMENDATION
RECOMMENDATION OF THE MEDINA PLANNING COMMISSION
RELATING TO ENFORCEMENT PROCEDURES IN CHAPTER 1.15 OF THE MEDINA
MUNICIPAL CODE (MMC), TITLE 17 MMC (ZONING), CHAPTER 8.04 MMC
(NUISANCES), CHAPTER 8.06 MMC (NOISE CONTROL), CHAPTER 12.28 MMC (TREE
CODE), CHAPTER 12.32 MMC (STRUCTURES IN UNIMPROVED PORTIONS OF PUBLIC
RIGHTS -OF -WAY), CHAPTER 14.12 MMC (SITE PLAN REVIEW), CHAPTER 15.20 MMC
(MITIGATION PLANS FOR MAJOR CONSTRUCTION ACTIVITIES), CHAPTER 18.08 MMC
(SHORELINE MANAGEMENT MASTER PROGRAM), AND CHAPTER 18.12 MMC
(CRITICAL AREAS) MMC; AND TO THE DUTIES OF THE HEARING EXAMINER IN
CHAPTER 2.78 MMC
WHEREAS, the City of Medina is classified as a non -charter code City under title 35A
RCW; and
WHEREAS, RCW 35A.11.020 grants code cities the authority to adopt and enforce
ordinances of all kinds relating to and regulating local or municipal affairs and appropriate to
the good of the City that are not in conflict with state law; and
WHEREAS, RCW 35A.11.020 provides that any violation of such ordinances
constitutes a misdemeanor or gross misdemeanor, or as an alternative can be designated as
a civil violation subject to monetary penalties provided that no act which is a state crime may
be made a civil violation; and
WHEREAS, pursuant to RCW 90.58.200 and RCW 90.58210, local governments may
adopt enforcement procedures as are necessary and appropriate to carry out the provisions
of the Shoreline Management Act (chapter 90.58 RCW); and
WHEREAS, the Medina Municipal Code has designated as alternative violations civil
offenses subject to monetary penalties of regulations pertaining to zoning, public nuisances,
noise, tree code, structures in unimproved portions of public rights -of -way, building codes,
mitigation plans for major construction, and critical areas; and
WHEREAS, chapter 1.15 MMC, adopted April 14, 2003, by Ordinance No. 744
established procedures for enforcement of violations pertaining to zoning, public nuisances,
noise, tree code, structures in unimproved portions of public rights -of -way, building codes,
mitigation plans for major construction, and critical areas; and
WHEREAS, MMC 8.04.110 established public nuisances as a civil infraction with
separate monetary penalties from chapter 1.15 MMC; and
WHEREAS, MMC 8.06.010 and MMC 8.06.050(B) established noise violations as a
civil infraction with separate monetary penalties from chapter 1.15 MMC; and
WHEREAS, MMC 12.28,280 established violations of the tree code as a civil infraction
with separate monetary penalties from chapter 1.15 MMC; and
WHEREAS, MMC. 12.32.080 established violations of structures within the right-of-way
as a civil infraction with separate monetary penalties from chapter 1.15 MMC; and
Planning Commission Recommendation 1 of 24 Page 195 of 218
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WHEREAS, MMC 14.12.080 established enforcement procedures for a violation of the
conditions of a site plan review approval as a civil or criminal offense with separate monetary
or criminal penalties from chapter 1.15 MMC; and
WHEREAS, MMC 15.20.090 established enforcement procedures for a violation of
mitigation plans for major construction activities as a civil or criminal offense with separate
monetary or criminal penalties from chapter 1.15 MMC; and
WHEREAS, MMC 17.04.060, MMC 17.80.130, MMC 17.90.180, and MMC 17.92.010
established violations of the zoning code as civil and criminal offenses with separate
monetary or criminal penalties from chapter 1.15 MMC; and
WHEREAS, 18.12.230 MMC established enforcement procedures, monetary penalties
and restoration requirements for violations of the critical areas ordinance separate from
chapter 1.15 MMC; and
WHEREAS, the City has not adopted local enforcement procedures for its shoreline
master program and relies on WAG 173-27-240 through 173-27-310 for enforcement of its
shoreline master program and the Shoreline Management Act; and
WHEREAS, the City has undertaken a review of its enforcement regulations to identify
practices with the potential to improve the efficiency, effectiveness and economy of code
enforcement; and
WHEREAS, the goals of code enforcement are to achieve compliance with City
regulations by utilizing progressive enforcement measures and matching enforcement
measures to violation characteristics; and
WHEREAS, the comprehensive plan provides the following goal related to
enforcement regulations:
• LU-GI: To maintain Medina's high -quality residential setting and character;
WHEREAS, pursuant to RCW 36.70A.106, a notice of intent to adopt was transmitted
to the Washington State Department of Commerce on November 20, 2009; and
WHEREAS, the adoption of an ordinance pertaining to enforcement relates solely to
governmental procedures and contains no substantive standards respecting use or
modification of the environment and is therefore exempt from the requirements of the State
Environmental Policy Act pursuant to WAC 197-11-800(19); and
WHEREAS, public notice was published in the Seattle Times newspaper on December
1, 2009, and posted at City Hall on November 2$, 2009; and
WHEREAS, the planning commission held a public hearing on December 16, 2009, to
receive public testimony concerning the proposed code amendments and no public testimony
was received; and
WHEREAS, at the conclusion of the planning commission's public hearing, the
planning commission voted on the proposed code amendments; and
Planning Commission Recommendation 2 of 24 Page 196 of 218
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WHEREAS, the planning commission makes the following conclusions in support of its
recommendation:
A. Revisions to the code enforcement provisions are necessary to improve the overall
effectiveness of the code enforcement program by establishing a citation
procedure and by consolidating enforcement procedures and penalties, and
clarifying enforcement regulations into a coherent code enforcement program.
B. The inclusion of enforcement provisions for the Medina Shoreline Management
Master Program will enhance the City's ability of meeting its mandate to take all
actions necessary to make sure no shoreline uses or activities conflict with the
Shoreline Management Act or the Medina Shoreline Management Master
Program.
C. The proposed revisions set forth in this ordinance are in the best interest of the
City and protect the public health, safety and welfare.
D. The enforcement procedures and revisions adopted by this ordinance are
consistent with and further the goal of LU-G1 of the Medina comprehensive plan
by improving the protection of residents from the effects of violations.
NOW, THEREFORE, BE IT ADVISED THAT THE PLANNING COMMISSION
RECOMMENDS THE FOLLOWING:
Section 1. Section 2.78.070 is recommended to be amended to read:
2.78.070 Hearing examiner — Duties.
The hearing examiner shall review and act on the following:
A. Appeals of administrative decisions/determinations, including but not limited to SEPA
determinations, lot line adjustments, short subdivisions, administrative interpretations,
temporary noise variances, code enforcement and any other decisions affecting a
landowner's ability to develop property within the City:
B. Conditional use permits;
C. High bank density development permits;
D. Planned land use development permits;
E. Shoreline conditional use permits,
F. Shoreline variances;
G. Special use permits, except where reviewed administratively per MMC 14.08.020(B);
H. Substantial development permits;
1. Tree removal and pruning pursuant to Chapter 12.28 MMC;
J. Variances, except where reviewed administratively per MMC 14.08.020(A);
K. Historical use permits;
L. Technical and Economic noise variances pursuant to Chapter 8.06 MMC: and
M. Other matters as orovided in the Medina Municipal Code and other ordinances
Section 2. Chapter 1.15 is recommended to be repealed.
Section 3. A new chapter 1.15 is recommended to be adopted to read:
Planning Commission Recommendation 3 of 24
Page 197 of 218
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Chapter 1.15
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CODE ENFORCEMENT
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1.15.010
Purpose.
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1.15.020
Definitions,
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1.15.030
Applicability.
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1.15.040
Remedies not exclusive.
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1.15.050
Types of enforcement action.
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1.15.060
Initiation — investigation.
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1.15.070
First Contact —Warning Notice,
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1.15.080
Stop Work Order
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1.15.090
Correction agreement.
—I3 `1.15:106-----Citation.
— — "—�— — ----- —
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1.15.110
Contents of a citation.
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1.15.120
Response to a citation.
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1.15.130
Mitigation of fines.
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1.15.140
Contesting citation hearing.
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1.15.200
Notice of Violation.
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1.15.210
Effective date and content of a notice of violation.
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1.15.220
Appeal of a notice of violation.
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1.15.230
Appeal hearing for a notice of violation.
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1.15.300
Failure to appear at a hearing.
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1.15.310
Final order for enforcement.
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1.15.320
Method of service.
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1.15.330
Monetary penalties.
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1.15.340
Collection of monetary penalties.
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1.15.350
Emergency order
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1.15.400
Criminal violations.
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1.15.500
Abatement by the City.
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1.15.510
Entry to buildings and premises — warrants.
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1.15.520
Lien authorized.
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1.15.530
Suspension of permit.
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1.15.540
Revocation of permit.
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1.15.600
Duty not creating liability.
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1.15.010
Purpose.
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The purpose of this chapter Is to provide the authority and procedures to be used in enforcing
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the provisions set forth in this chapter.
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1.15.020
Definitions.
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A. Words
in this chapter used in the singular shall include the plural, and the plural shall
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include the singular, unless the context clearly indicates the contrary.
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B. The following definitions shall apply to this chapter:
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1.
"Citation" means an order that represents a decision by a code enforcement officer
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that a violation has been committed.
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2.
"City' means City of Medina.
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3.
"Code enforcement officer" means the City employee designated by the City
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manager to enforce the provisions set forth in this chapter.
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4.
"Days" means calendar days.
Planning Commission Recommendation 4 of 24 Page 198 of 218
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5. "Fine" means a monetary sum imposed as punishment for an offense.
6. `Incidental expenses" means personnel costs, both direct and indirect, attorneys'
fees, costs incurred in documenting the violation, hauling, storage and disposal
expenses, restoration costs, and actual expenses and costs of the City in
preparing notices, specifications and contracts, and in accomplishing and/or
contracting and inspecting the work and the costs of any required printing and
mailing, and other expenses prescribed by law.
7. "Notice of Violation" means a notification that denotes an activity and/or condition
is in violation of the law.
8. "Person responsible for the violation" means any person who commits any act or
omission which is a violation or causes or permits a violation of the City code to
occur or remain upon property in the City, and includes but is not limited to owners,
lessees, tenants, contractors, subcontractors or other persons entitled to control,
use and/or occupy property where a violation occurs.
9. "Repeat violations" means:
a. The same or similar violation, as determined by the code enforcement officer,
occurring on the same property within a consecutive 24-month time period.
b. The same person committing the same violation or similar violation, as
determined by the code enforcement officer, on a different property within the
city limits of Medina within a consecutive 24-month time period.
10. "Violation" means an act or omission contrary to City code including a condition
resulting from such act or omission.
1.15.030 Applicability.
This chapter applies to any violations of:
A. Title 17 MMC Zoning;
B. Chapter 8.04 MMC, Nuisances;
C. Chapter 8.06 MMC, Noise;
D. Chapter 12.28 MMC, Tree Code;
E. Chapter 12.32 MMC, Structures in Unimproved Portions of Public Rights -of -Way;
F. Chapter 14.12, Site Plan Review;
G. Chapter 15.04, Building Codes;
H. Chapter 15.20 MMC, Mitigation Plans for Major Construction Activities;
I. Chapter 18.04 MMC, Shoreline Management Master Program; and
J. Chapter 18.12 MMC, Environmentally Sensitive Areas.
1.15.040 Remedies not exclusive.
The procedures set forth in this chapter are not exclusive and shall not in any manner limit or
restrict the City from remedying violations or abating violations in any manner authorized by
law.
1.15.050 Types of enforcement action.
A. The following is a list of enforcement actions for achieving code compliance:
1. Warning notice issued pursuant to MMC 1.15.070;
2. Citation issued pursuant to MMC 1.15,100;
3. Notice of Violation issued pursuant to MMC 1.15.200;
4. Misdemeanor pursuant to MMC 1.15.400.
Planning Commission Recommendation 5 of 24
Page 199 of 218
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B. A citation and a notice of violation shall not be issued for the same violation. However, a
citation and a notice of violation can be issued for the same activity or condition if there
are multiple violations and each citation or notice of violation issued is consistent with the
provisions of this chapter.
1.15.060 Initiation — investigation.
The code enforcement officer may initiate an investigation of a violation in response to receipt
of a complaint, field observations, or other reliable information. Any record: associated with a
complaint may be subject to the State Public Disclosure Law.
1.15.070 First contact — warning notice.
A. When a code enforcement officer confirms the existence of a violation, the code
enforcement officer may provide a warning to secure correction of the violation by
contacting the person responsible for the violation, explaining the violation, and requesting
corrective action within a reasonable time period.
B: When written notice is provided, it shall be in the form of a warning notice and contain the
following information:
1. The tax parcel number or street address where the violation occurred or is located;
2. A statement describing the violation and referencing the code section violated;
3. A date by which the violation must be corrected;
4. A statement of potential consequences for failure to complete the corrective action;
and
5. Other information, as determined necessary by the code enforcement officer.
C. A stop work order or an emergency order may serve as first contact in lieu of a warning
notice.
1.15.080 Stop work order.
A Whenever a code enforcement officer finds any work being performed in a manner in
Violation of the provisions set forth in MMC 1.15.030, or in a dangerous or unsafe manner,
the code enforcement officer is authorized to issue a stop work order.
B. A stop work order shall be in writing on a form determined by the code enforcement officer
and shall state the reason for the order and the conditions under which the work cited will
be permitted to resume.
C. A stop work order shall be given to the owner of the property involved, and/or to the
owner's agent, and/or to the person doing the work.
D. Upon issuance of a stop work order, the work cited shall immediately cease.
1.15.090 Correction agreement,
A. A correction agreement is a voluntary compliance agreement where the person
responsible for the violation agrees to correct a violation within a specified time period and
in accordance with specified conditions.
B. The City and the person responsible for the violation may enter into a correction
agreement at any time.
C. A correction agreement shall contain the following:
1. The name and address of the person responsible for the violation;
2. The street address or other description that is sufficient to identify the location of
the violation;
Planning Commission Recommendation 6 of 24 Page 200 of 218
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A
3. A statement of each code section or requirement violated, and a concise
description of the violation;
4. The date the violation was observed;
5. A list of required corrective actions to remedy the violation, and a date and time by
which the corrective actions must be completed;
6. A statement by the person responsible for the violation that:
a. They committed the violation;
b. They agree to waive the right to appeal the determination of a violation and
the specified corrective action;
c. The City may recover its costs and expenses, and monetary penalties from
the person responsible for the violation if the terms of the correction
agreement are not satisfied;
7. A statement by the property owner that the code enforcement officer may inspect
the location of the violation as necessary to determine compliance with the
correction agreement; and
8. Signature of the person to whom the correction agreement is directed and/or
properly owner, as applicable.
If the code enforcement officer is not satisfied that the terms of the correction agreement
are met, the person responsible for the violation shall be assessed monetary penalties
consistent with MMC 1.15.330. Monetary penalties shall be assessed retroactively to the
date the person responsible for the violation was first notified to take corrective actions.
The code enforcement officer may grant a time extension for correcting a violation, or may
modify the conditions for corrective action, If:
1. The person responsible for the violation has shown due diligence or substantial
progress towards correcting the violation; and
2. Unforeseen circumstances delayed correction under the original conditions; and
3. The person responsible for the violation requests in writing and establishes a clear
need for a time extension or modification of the original conditions.
1.15.100 Citation.
A.
1.
C.
The following violations listed in MMC 1.15.030 shall be subject to the citation and/or
criminal provisions set forth in this chapter:
i. Exceeding noise standards established in MMC 8.06.010 that are administered
under the authority of the administrator or hearing examiner.
2. Failure to comply with the terms and conditions of a code of conduct, or
construction mitigation plan issued pursuant to chapter 15.20 MMC.
3. Failure to comply with erosion control measures and erosion best management
practices prescribed in chapter 13.06 MMC.
4. Failure to comply with a stop work order issued pursuant to MMC 1.15.300.
5. Failure to obtain to a tree removal permit as prescribed in MMC 12.28.030.
A citation shall be issued in writing and carry a fine pursuant to MMC 1.15.330(A).
Payment of the fine shall not relieve the person responsible for a violation from the
obligation to correct, abate or stop the violation.
Each day a violation continues to exist shall constitute a separate violation upon which a
new citation may be issued and another fine assessed. Nothing in this chapter shall be
construed to restrict the City's ability to issue a new citation or pursue other enforcement
actions prescribed by this chapter as long as the violation continues to exist.
Planning Commission Recommendation 7 of 24
Page 201 of 218
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1.15.110 Contents of a citation.
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A.
A citation shall contain the following:
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1. The name and address of the person being cited;
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2. The street address or other description that is sufficient to identify the location of
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the violation;
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3. A statement of each code section or requirement violated;
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4. The date of the violation;
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5. A statement of the fine being imposed pursuant to MMC 1.15.330(A);
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6. A statement that the person named in the citation must respond within 14 days
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after the citation was served;
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7. A statement of the options to respond and the procedures to exercise these
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options;
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8. A statement that the citation represents a final decision, unless contested as
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provided for in this chapter;
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9. A certified statement by the code enforcement officer, authorized by RCW
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9A.72.085, setting forth facts supporting the citation; and
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10. Other pertinent information, as determined by the City.
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B.
The code enforcement officer may amend the citation at any time to correct clerical errors
20
or to cite additional authority for a stated violation.
21
C.
The code enforcement officer may withdraw a citation at any time if it was issued in error.
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D.
The citation shall be served upon persons responsible for a violation by one of the
23
methods prescribed in MMC 1.15.310.
24
25
1.15.120
Response to a citation.
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27
A.
A person named in a citation must respond to the citation by one of the following methods:
28
1. Pay the fine, in which case the record shall show the person named has committed
29
the violation; or
30
2. Request a mitigation of the fine, in which case the person named agrees they
31
committed the violation, but want to present mitigating circumstances in
32
determining the fine; or
33
3. Request a contested hearing and appeal the issuance of the citation and fine.
34
B.
When requesting a mitigation of the fine, or a contested hearing, the person named in the
35
citation shall make the request in writing and include an address and contact information
36
where notices should be sent.
37
C.
A response to a citation must be received no later than 14 days after the date the citation
38
was served. The response shall be delivered by mail or by hand to the address listed on
39
the citation. If mailed, the date post marked shall be considered the date of the response.
40
D.
Failure to respond to the citation within the specified time period shall result in a final order
41
being entered that the person named in the citation committed the violation stated and that
42
the fine specified shall be assessed.
43
E.
Payment of a fine shall not relieve the person named in the citation of the responsibility to
44
cure, abate or stop the violation.
45
F.
A request for a contested hearing shall not stay further enforcement action, or relieve the
46
person responsible for the violation from correcting the violation.
47
Planning Commission Recommendation 8 of 24 Page 202 of 218
1 1.15.130 Mitigation of fines.
2
3 A. If a person named in a citation responds with a request for a mitigation of the fine, the
4 person shall include a written explanation of the circumstances why the fine should be
5 reduced.
6 B. By requesting a mitigation of the fine, the person named in the citation agrees to waive the
7 right to appeal the citation and final determination of the fine.
8 C. The City manager or designee, after considering the written explanation of the
9 circumstances, may reduce the fine by not more than 50 percent provided that the person
10 named in the citation has:
11 1. Corrected the violation within the 14 days set forth in MMC 1.15.120(C).
12 2. Contacted the code enforcement officer to verify that the violation has been
13 corrected.
14 D. The person named in the citation has the burden of proof to demonstrate the violation has
15 been corrected.
16 E. The City manager or designee's decision to mitigate a fine shall be based on an
17 evaluation of. individual circumstances including, but not limited to:
18 1. Severity of the violation;
19 2. Repeat violations;
20 3. The public Interest being protected; and
21 4. The responsiveness to correct, abate, or stop the violation.
22 F. The decision to mitigate the fine shall be made in writing. A copy of the decision shall be
23 sent to the person named in the citation and any other party who requests in writing a
24 copy of the decision.
25
26 1.15.140 Contested citation hearing.
27
28 A. If a person named in a citation responds with a request for a contested hearing, they shall
29 specify the reason why the cited violation did not occur, or why the person named in the
30 citation is not responsible for the violation.
31 B. The hearing examiner shall hold a hearing within 60 days after the City's receipt of the
32 response.
33 C. Notice of the time, place and date of the hearing shall be sent by first class mail at least 10
34 days prior to the date of the hearing to the address provided in the response.
35 D. A contested hearing shall be conducted as an open record hearing in accordance with the
36 rules set forth in MMC 2.78.060 and supplemented by this chapter.
37 E. Each party to the hearing shall be allowed to:
38 1. Call, examine and cross-examine witnesses on any matter relevant to the issues of
39 the hearing, subject to reasonable limitation by the hearing examiner;
40 2. Offer evidence;
41 3. Rebut evidence; and
42 4. Represent themselves or by anyone of their choice who is lawfully permitted to do
43 so.
44 F. The City may request dismissal of a request for a contested hearing, and the hearing
45 examiner is authorized to grant such dismissal if the response to the citation is untimely,
46 incomplete, frivolous, or the reasons stated are beyond the hearing examiner's
47 jurisdictional authority.
48 G. The certified statement or declaration, authorized by RCW 9A.72.085, submitted by the
49 code enforcement officer shall be prima facie evidence that the stated violation occurred
50 and that the person named is responsible. The certified statement or declaration of the
Planning Commission Recommendation 9 of 24 Page 203 of 218
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code enforcement officer authorized under ROW 9A.72.085 and any other evidence
accompanying the report shall be admissible without further evidentiary foundation.
The person named in the citation may rebut the City evidence and establish that the cited
violation did not occur or that the person named is not responsible for the violation.
The hearing examiner shall consider the evidence and testimony presented at the hearing
and based on this information shall reverse or affirm the citation and/or fine in whole or in
part. The hearing examiner's decision shall be issued within 15 days following the close
of the hearing.
The hearing examiner's decision is a final order pursuant to MMC 1.15.310. Any judicial
review must be commenced in King County Superior Court within 21 days in accordance
with RCW 36.70C.040.
A copy of the decision shall be sent to the person named in the citation and any party
requesting in writing a copy of the decision.
1.15.200 Notice of Violation.
A.
B.
C.
D.
E.
F.
G.
H.
All violations of the Medina Municipal Code set forth in MMC 1.15.030, except as
otherwise provided in MMC 1.15.100, shall be subject to the notice of violation and/or
criminal provisions set forth in this chapter.
Whenever a warning notice issued pursuant to MMC 1.15.070, or other efforts, fails to
gain correction of a violation, the code enforcement officer may initiate notice of violation
procedures.
The issuance of a notice of violation shall be in writing and may carry monetary penalties
pursuant to MMC 1.15.330(B). Payment of a monetary penalty shall not relieve the
person responsible for the violation from the obligation to correct, abate or stop the
violation.
The notice of violation represents a determination that the person named in the notice is
responsible for the violation and must correct the violation by the date stated in the notice.
A correction agreement as set forth in MMC 1.15.090 may be incorporated into the notice
of violation at the discretion of the code enforcement officer.
Failure to respond to the notice of violation within the time period specified shall result in
the person named in the notice of violation being found to have committed the violation
stated in the notice and are responsible for paying any monetary penalties assessed in the
notice. The code enforcement officer shall note in writing the failure to respond and this
shall constitute a final order pursuant to MMC 1.15.310.
The code enforcement officer may at any time add to, rescind in part, or otherwise modify
a notice of violation by Issuing a supplemental notice of violation. The supplemental
notice of violation shall be governed by the same procedures applicable to all notice of
violations set forth in this chapter.
The code enforcement officer may withdraw a notice of violation if it was issued in error.
The notice of violation shall be served by one of the methods prescribed in MMC
1.15.320.
Each day a violation continues to exist shall constitute a separate violation. Nothing in this
chapter shall be construed to restrict the Cit/s ability to issue a new notice of violation or
pursue other enforcement actions prescribed by this chapter as long as the violation
continues to exist.
1.15.210 Effective date and content of a notice of violation.
A. A notice of violation shall be effective on the date it is served.
B. A notice of violation shall contain the following:
Planning Commission Recommendation 10 of 24
Page 204 of 218
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1. The name and address of the person being cited;
2
2. The street address or other description that is sufficient to identify the location of
3
the violation;
4
3. A statement of each code section or requirement that was violated;
5
4. The date the violation was observed and a time and date for compliance;
6
5. A list of suggested corrective actions to remedy the violation;
7
6. A statement that the notice of violation shall become a final decision, unless
8
appealed pursuant to MMC 1.15.220;
9
7. A statement of the appeal procedures consistent with MMC 1.15.220
10
8. A statement that failure to file a timely and complete appeal shall constitute a
11
waiver of the right to appeal the notice of violation;
12
9. The signature of the code enforcement officer issuing the notice of violation; and
13
10. Other pertinent information, as determined by the code enforcement officer.
14
15
1.15.220
Appeal of a notice of violation.
16
17
A.
Upon service of a notice of violation, the person named in the notice of violation shall have
18
14 days to request an appeal hearing before the hearing examiner.
19
B.
The request for an appeal hearing must be in writing and must be accompanied by the
20
appropriate fee.
21
C.
The content of the appeal must include the following information:
22
1. A brief statement of the grounds for the appeal;
23
2. Facts or evidence upon which the appeal is based;
24
3. A complete copy of the notice of violation; and
25
4. The mailing address and contact information where notices can be sent.
26
D.
The appeal shall be filed at the address indicated on the notice of violation.
27
E.
If an appeal is filed, during the pendency of the appeal hearing, all activities associated
28
with the alleged violation cited on the notice of violation shall cease. Any penalty accruing
29
shall be stayed pending the outcome of the appeal hearing.
30
31
1.15.230
Appeal hearing for a notice of violation.
32
33
A.
The hearing examiner shall hold the appeal hearing within 90 days after the City's receipt
34
of the request for an appeal hearing.
35
B.
Notice of the time, place and date of the hearing will be sent by first class mail at least 10
36
days prior to the date of the hearing to the address provided in the appeal.
37
C.
The appeal hearing shall be conducted as an open record hearing in accordance with the
38
rules for hearings set forth in MMC 2.78.060 and supplemented by this chapter.
39
D.
Each party to the hearing shall be allowed to;
40
1. Call, examine and cross-examine witnesses on any matter relevant to the issue of
41
the hearing, subject to reasonable limitations by the hearing examiner.
42
2. Introduce evidence.
43
3. Rebut evidence.
44
4. Represent themselves or anyone of their choice who is lawfully permitted to do so.
45
E.
The City may request dismissal of a request for an appeal hearing, and the hearing
46
examiner is authorized to grant such dismissal, If the filing of the appeal is untimely,
47
incomplete, frivolous, or the reasons stated are beyond the hearing examiner's
48
jurisdictional authority.
49
F.
The City has the burden of proof by a preponderance of the evidence that the person
50
named in the notice of violation committed the •violation.
Planning Commission Recommendation 11 of 24 Page 205 of 218
I G. Following review of the submitted evidence, the hearing examiner shall make written
2 findings and conclusions:
3 1. Affirming or modifying the notice of violation if the hearing examiner finds that a
4 violation occurred and the person named in the notice of violation is responsible for
5 the violation; or
6 2. Reversing the notice of violation if the hearing examiner finds that either no
7 violation occurred, or the person named in the notice of violation did not commit
8 the violation.
9 H. The hearing examiner's decision is a final order pursuant to MMC 1.15.310. Any judicial
10 review must be commenced in King County Superior Court within 21 days in accordance
11 with RCW 36.70C.040.
12 I. A copy of the hearing examiner's decision shall be provided to all parties involved in the
13 appeal hearing and any party requesting in writing a copy of the decision.
14 J. Optional hearing examiner prehearing briefing process:
15 1. A prehearing briefing process may be conducted:
16 a. By agreement of the parties to the appeal; or
17 b. At the hearing examiner's own initiative.
18 2. The purpose of a prehearing briefing is to facilitate a full and fair hearing on the
19 merits In cases that may involve complex or confusing factual issues or legal
20 arguments.
21
22 1.15.300 Failure to appear at a contested or appeal hearing.
23
24 A. Failure to appear at a hearing to contest a citation or appeal of a notice of violation shall
25 result in a final order entered finding the person named to have committed the violation
26 and the penalties assessed. in addition, the hearing examiner may include in the order an
27 administrative fee for the cost of scheduling the hearing.
28 B. For good cause shown and upon terms the hearing examiner finds just, the hearing
29 examiner may set aside an order entered for failure to appear.
30
31 1.15.310 Final order for enforcement.
32
33 A. A final order constitutes a final determination that a violation has occurred, the person
34 named is responsible for the violation, and administrative options to contest the decision
35 are exhausted.
36 B. If after any order duly issued by the code enforcement officer or hearing examiner
37 becomes final, and the person, firm or corporation to whom the order is directed does not
38 obey the order, including refusal to pay monetary penalties assessed under the order, the
39 City may:
40 1. Cause such person, firm, or corporation to be prosecuted under the provisions of
41 this chapter;
42 2. Institute appropriate action to collect monetary penalties in accordance with the
43 provisions of this chapter;
44 3. Abate the violation in accordance with provisions of this chapter and state law;
45 4. Pursue other reasonable remedies as allowed by law.
46
47 1.15.320 Method of service.
48
Warning, of a ions and no ice -of violations shall a served upon the responsible
50 person to whom it is directed by one or more of the following methods:
Planning Commission Recommendation 12 of 24 Page 206 of218
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1. Personal service, or by leaving a copy at the person's usual abode with a person
over the age of 18 who resides there;
2. Mailing a copy of the notice to such person at his/her last known address; and/or
S. Posting a copy of the notice in a conspicuous place on the affected property or
structure.
B. Proof of service shall be made by a written declaration under penalty of perjury by the
person serving the notice, declaring the date and time of service and the manner by which
service was made.
C. Service by mail shall be effective on the date of postmark.
D. Failure of any person to actually receive the warning notice, citation, or notice of violation
shall not invalidate any code_ enforcement action.
1.15.330 Monetary penalties.
A. Monetary penalties for a citation shall be in accordance with Table MMC 1.15.330:
Table MMC 1.15.330
Code Provision
First Violation
Second
Violation
Third &
Subsequent
Violations
Exceeding Noise Standards
$100
$200
$500
Failure to comply with code
of conduct or construction
$100
$400
$750
mitigation plan
Failure to comply with
erosion control measures
$100
$200
$500
and best management
practices
Failure to comply with a
$300
$750
$1,500
stop work order
Failure to obtain a tree
$100
$400
$750
removal permit
.B. Monetary penalties for a notice of violation shall be as follows:
1. First day of each violation, $100;
2. Second day of each violation, $200;
3. Third day of each violation, $300;
4. Fourth day of each violation, $400;
5. Each additional day of violation beyond four days, $500 per day.
1.15.340 Collection of monetary penalties
A. When an order becomes final, the City at its option may:
1. Collect the monetary penalties through its own efforts;
2. Assign to a collection agency the collection of any monetary penalties or cost of
abatement that have been assessed under the provisions of this chapter; and/ or
3. Commence a civil action in any court of competent jurisdiction to collect the
monetary penalties and abatement costs assessed under the provisions of this
chapter.
Planning Commission Recommendation 13 of 24
Page 207 of 218
I
B.
The monetary penalties and abatement costs are deemed public debt and the City may
2
retain collection agencies to collect such debt pursuant to RCW 19.16.500, as presently
3
existing or as subsequently may be amended.
4
C.
The City may convert the hearing examiner's order or final order into a judgment.
5
6
1.15.350
Emergency Order.
7
8
A.
The code enforcement officer may issue an emergency order whenever the City becomes
9
aware of a condition or activity that creates an immediate and emergent threat to the
10
public health, safety or welfare or to the environment.
11
B.
The emergency order shall state the reason for the order and the conditions that must be
12
remedied.
13
C.
Upon issuance of an emergency order, the cited activity shall cease and any unsafe or
14
dangerous condition shall be immediately remedied, including by immediate abatement
15
by the City if the code enforcement officer finds it necessary: .
16
D.
The person named in the emergency order may appeal the order within 14 days from the
17
date of issuance of the order in accordance with the same procedures for appealing a
18
notice of violation set forth in MMC 1.15.220.
19
E.
An appeal of an emergency order shall not stay the requirement to immediately take
20
action to remedy any dangerous or unsafe conditions.
21
22
1.15.400
Criminal violations.
23
24
A
In addition to, or as an alternative to the civil violation actions prescribed by this chapter,
25
the code enforcement officer may refer a violation to the City prosecuting attorney who
26
shall have the ability to file the violation as a criminal misdemeanor in a court of competent
27
jurisdiction.
28
29
B
Any person who willfully or knowingly violates any city code or regulation by way of repeat
30
violations, or by any act of commission or omission procures, aids or abets such violation,
31
is guilty of a criminal misdemeanor and upon conviction shall be punishable by a fine not
32
to exceed $1,000, or imprisonment for a term not to exceed 90 days, or both. Each day
33
during which a violation continues to exist shall be considered an additional violation.
34
35
1.15.500 Abatement by the City.
36
37
A.
The City may abate a condition which was caused by, or continues to be, a code violation
38
when:
39
1. The terms of a correction agreement prescribed by this chapter have not been
40
met; or
41
2. A citation was issued pursuant to this chapter, the period for filing a contested
42
hearing has expired, and the required correction has not been completed; or
43
3. A notice of violation was issued pursuant to this chapter, the period for filing an
44
appeal has expired, and the required correction has not been completed; or
45
4. The condition is subject to an emergency order and summary abatement as
46
prescribed by this chapter, or other specific provisions of City or state law.
47
B.
Whenever a violation of a regulation causes a condition, of which the continued existence
48
constitutes an immediate and emergent threat to the public health, safety or welfare or to
49
the environment, the City may summarily, and without prior notice, abate the condition.
Planning Commission Recommendation 14 of 24 Page 208 of 218
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C.
E.
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1. Notice of the summary abatement shall be given after the abatement to the person
responsible for the violation as soon as reasonably possible. The notice shall
include the reason for the summary abatement.
2. No right of action shall lie against the City or its agents, officers, or employees for
actions reasonably taken to prevent or cure any such immediate threats.
Using any lawful means, the City or its agents may enter upon the subject property for
summary abatement, and may remove or correct the condition which is subject to the
abatement. The City may seek such judicial process as it deems necessary to effect the
removal or correction of such condition.
Any person, who knowingly obstructs, impedes or interferes with the City or its agents, or
with the person responsible for the violation, in the performance of duties imposed by this
chapter, shall be guilty of a misdemeanor punishable pursuant to MINK 1.15.400.
The costs of the abatement, including incidental expenses, of correcting the violation shall
be billed to the person responsible for the violation and shall become due and payable to
the City within 30 days. All such costs and expenses shall constitute a lien against the
affected property.
Restoration costs may include, but are not limited to:
1. Replacement of all improperly removed trees and vegetation with approved
species such that the biological and habitat values will be replaced to the greatest
extent possible.
2. The cost of studies by qualified experts to determine the conditions which were
likely to exist prior to alteration and the most effective means of restoration shall be
included.
3. Costs of restoration shall also include installation of interim and emergency erosion
control measures until such time as the restored site complies with City
requirements.
1.15.510 Entry to buildings and premises — warrants.
A.
1
Whenever it is necessary to make an inspection to determine if a violation has occurred or
is occurring, or to enforce any provision of the Medina Municipal code, or enforce any
corrective actions issued under this chapter, the code enforcement officer may enter any
building or premises at any reasonable time, provided:
1. if the subject building or premises is occupied, the code enforcement officer shall
first present credentials and request entry; or
2. If the subject building or premises is not occupied, the code enforcement officer
shall first make a reasonable effort to locate the owner or other person having
charge of the building or premises and request entry.
3. if such entry is refused or the owner or other person having charge of the building
or premises cannot be located, the code enforcement officer shall have recourse to
every remedy provided by law to secure entry, including recourse to a court of
competent jurisdiction for issuance of a warrant authorizing such entry and
inspection.
4. If the code enforcement officer believes that the conditions create an immediate
and irreparable health or life safety hazard, the code enforcement officer may
make entry.
It is unlawful for any owner, occupant or any other person having charge, care or control
of any building, structure, property or portion thereof, after proper demand has been given,
to fail or neglect to permit the code enforcement officer prompt entry.
Planning Commission Recommendation 15 of 24
Page 209 of 218
1 1.15.520 Lien authorized.
2
3 A. The City shall have a lien for any monetary penalty imposed, the cost of any abatement
4 work done pursuant to this chapter, together with any costs including personnel costs,
5 both direct and indirect, and attorney and expert witness fees against the real property on
6 which the monetary penalty was imposed or any abatement work performed.
7 B. The lien shall be subordinate to all previously existing special assessment liens Imposed
8 on the same property and shall be superior to all other liens, except for state and county
9 taxes, with which it shall be on parity.
10 C. The code enforcement officer shall cause a claim for lien to be filed for record within 90
11 days from the date that the monetary penalty is due or the date the work is completed or
12 the violatEons abated, whichever is later.
13 1. The claim of lien shall contain sufficient information regarding the notice of
14 violation, as determined by the applicable code enforcement officer, description of
15 the property to be charged with the lien and the owner of record, and the total
16 amount of the lien.
17 2. Any such claim of lien shall be verified by the code enforcement officer, and may
18 be amended from time to time to reflect changed conditions.
19 3. No such liens shall bind the affected property for a period longer than five years,
20 without foreclosure or extension agreed to by the property owner.
21 4. The code enforcement officer may record supplemental or modified liens as
22 necessary.
23 5. The City may foreclose any lien as if it were a mechanics lien.
24
25 1.15.530 Suspension of permits.
26
27 A. The City manager or designee may temporarily suspend any permit issued by the City
28 under any ordinance for failure of the holder or the holder's contractor or agent to comply
29 with the requirements of an issued permit, an issued notice of violation or citation, or a
30 stop work order or emergency order.
31 B. Such permit suspension shall be carried out by the notice of violation provisions of this
32 chapter, and the suspension shall be effective upon service of the notice of violation on
33 the holder or holder's contractors or agents. The holder or holder's contractors or agents
34 may appeal such suspension as provided by this chapter for a notice of violation.
35 C. Notwithstanding any other provision of this chapter, whenever the City manager or
36 designee finds that a violation of any City ordinance, or rules and regulations adopted
37 hereunder, has created, or is creating, an unsanitary, dangerous or other condition which
38 is deemed to constitute an immediate and irreparable hazard, suspension and termination
39 of operations under the permit may be required immediately without service of a written
40 notice of violation.
41
42 1.15.540 Revocation of permit.
43
44 A. The City manager or designee may permanently revoke any permit issued by the City
45 under any ordinance for any of the following reasons:
46 1. Failure of the holder or holder's contractors or agents to comply with the requirements
47 of any issued permit; or
48 2. Failure of the holder or holder's contractors or agents to comply with any notice of
49 violation issued pursuant to this chapter; or
50 3. Interference with the code enforcement officer in the performance of official duties; or
Planning Commission Recommendation 16 of 24 Page 210 of 218
1 4. Discovery that a permit was issued on the basis of incorrect information supplied to the
2 City.
3 B. Such permit revocation shall be carried out through the notice of violation provisions of
4 this chapter and the revocation shall be effective upon service of the notice of violation
5 upon the holder or holder's contractors or agents.
6 C. A revocation may be appealed as provided for by this chapter for a notice of violation.
7 D. A permit may be suspended pending its revocation or a hearing relative thereto.
8
9 1.15.600 Duty not creating liability.
10
11 No provision or term used in this chapter is intended to impose any duty upon the City or any
12 of its officers or employees which would subject them to damages in a civil action.
13
14 Section 4. Section 8.04.010 is recommended to be amended to read:
15
16 The words and phrases used in this chapter, unless the context otherwise indicates, shall
17 have the following meanings:
18 A. "Abate" means to repair, replace, remove, destroy or otherwise remedy the condition in
19 question by such means and in such a manner and to such an extent as the enforcement
20 officer, in his judgment, determines is necessary in the interest of the general health,
21 safety and welfare of the community.
22 B. "Building materials" means and includes lumber, plumbing materials, wallboard, sheet
23 metal, plaster, brick, cement, asphalt, concrete, concrete block, roofing material, cans of
24 paint, construction debris, and similar materials.
25 C. "Enforcement officer'" means the ((
26 im)) the City employee(s) designated by the City manager to enforce the provisions set
27 forth in this chapter,
28 D. "Premises" means any building, lot parcel, real estate or land or portion of land whether
29 improved or unimproved, including adjacent sidewalks, parking strips and right-of-way.
30 E. "Owner" means any person having an ownership interest in the property where the
31 nuisance occurs listed in the records of the 1Gng Count- Assessor.
32 F. "Person" means any natural person, ioint venture partnership association corporation
33 trust or any other legal person and the managers officers employees or agents of such
34 legal person.
35 G. "Person in control" of the property where the nuisance occurs means any person in actual
36 or constructive possession of the property including but not limited to, an owner,
37 occupant, agent, or property manager of the property.
38 G. "Responsible person" means any Person ((
39 having-shaFge-ef)) in control of (( )) the property where the
40 nuisance occurs.
41
42 Section 5. Section 8.04.050 is recommended to be amended to read:
43
44 8.04.050 Abatement — Notice.
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46 A. An enforcement officer having knowledge of any public nuisance, shall cause any owner
47 or other responsible person to be notified of the existence of a public nuisance on any
48 premises and shall direct the owner or other responsible person to abate the condition
49 within 10 days after notice or other reasonable period.
50 B. If the enforcement officer determines that an emergency exists the nuisance may be
51 ordered to be abated within 24 hours.
Planning Commission Recommendation 17 of 24 Page 211 of 218
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C. if the enforcement officer is unable to deliver personal notice to the owner or other
responsible person, notice requirements shall be satisfied by posting a copy of the order
on the premises and mailing a copy to the owner or responsible person at the address of
the premises or at any other address known to the enforcement officer.
D. The notice shall be in substantially the following form:
NOTICE TO ABATE UNSAFE OR
UNLAWFUL CONDITION
As (( )) the
person in control of the prope (( )) at =90
Address) , you are hereby notified that the undersigned pursuant to the
Medina Municipal Code has determined that there exists upon or adjoining said
((p;9R4 es)) grope riv the following condition contrary to the provisions of
subsection of Section 8.04.020((:)): (Fill in the condition causing the
nuisancel
You are hereby notified to abate said condition to the satisfaction of the
undersigned within 10 days of the date of this notice. If you do not abate such
condition within 10 days, the City may abate the condition at your expense.
Abatement is to be accomplished in the following manner:
Appeal: You may appeal this determination to abate unsafe or unlawful conditions
to the Medina hearing examiner pursuant to MMC 8.04.070.
Dated: (Name of Enforcement Officer)
By:
Section 6. Section 8.04.070 is recommended to be amended to read:
8.04.070 Abatement by city — Appeal.
A Any owner or responsible person may appeal an order determining a nuisance by filino a
written appeal with the City stating the basis for the appeal. ((,
exist,
the eWA9F OF Fespensib
19 PGFSGR shall have five
))
B. Appeals shall be governed by the provisions set forth in MMC 1.15.220 and MMC
1.15.230 for a notice of violation.
C. If the enforcement officer determines an emergency exists, appeals shall be governed by
the provisions set forth in MMC 1.15.030 for an emergency order.
Planning Commission Recommendation 18 of 24 Page 212 of 218
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Section 7. Section 8.04.100 is recommended to be amended to read:
8.04.100 Abatement by city — Lien.
A. The ((elty- 4e*)) enforcement officer shall forward to the owner and responsible person,
by registered or certified mail, a notice setting forth the total costs of abatement.
B. If the abatement costs are not paid within 30 days from the date of the notice, the cost of
abatement shall constitute a lien on the property from which the nuisance was removed.
C. Such lien may be enforced in the same manner as a mortgage and shall bear interest at
the legal rate of interest from the date of notice of the lien.
Section 8. Section 8.04.110 is recommended to be amended to read:
8.04.110 Violation — Penaity.
Any person violating or failing to comply with any provision of this chapter shall be subiect to
the provisions and penalties set forth in chapter 1.15 MMC ((
SH8h PeFSeR shall be punished .)) The abatement of nuisance is not a penalty for
violating this chapter, but an additional remedy. The imposition of a penalty does not relieve a
person of the duty to abate the nuisance.
Section 9. Section 8.06.010 is recommended to be amended to read:
8.06.010 Portions of King County Code adopted by reference.
A. Noise Control Provisions Adopted. The provisions of King County Code Chapters 12.86
through 12.100 governing excessive noise and noise control are hereby adopted by
reference. All future amendments, alterations and additions to said Chapters 12.86
through 12.100 of the King County Code are also adopted by reference. At least one copy
of Chapters 12.86 through 12.100 of the Kng County Code is on file with the city clerk.
B. Amendments. The following amendments are adopted:
1. Section 12.87.030 is amended to state that "administrator" means the city manager or
his designated representative.
2. Section 12.87.070(B) is amended to read as follows:
"Residential district" includes areas designated in the Medina Municipal
Code as R-16, R-20, R-30 and SR-30.
S. Section 12.87.070(C) is amended to read as follows:
"Commercial district" includes zones designated in the Medina Municipal
Code as NA.
4. Section 12.96.010(D) is amended to read as follows:
No variance shall be granted pursuant to this section until the administrator or Hearing
Examiner has considered the relative interests of the applicant, other owners or
possessors of property likely to be affected by the noise, and the general public. A
Planning Commission Recommendation 19 of 24
Page 213 of 218
I technical or economic variance may be granted only after a public hearing on due
2 notice. The administrator or Hearing Examiner may grant a variance, if he finds that:
3 1. The noise occurring or proposed to occur does not endanger public health or
4 safety; and
5 2. The applicant demonstrates the criteria required for temporary, technical or
6 economic variance under Section 12,96.020.
7
8 5. Section 12.96.020(B) is amended to read as follows:
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10 Technical variance. A technical variance may be granted by the Hearing Examiner on
11 the grounds that there is no practical means known or available for the adequate
12 prevention, abatement or control of the noise involved. Any technical variance shall
13 be subject to the holder's taking of any alternative measures that the Hearing
14 Examiner may prescribe. The duration of each technical variance shall be until such
15 practical means for prevention, abatement or control become known or available. The
16 holder of a technical variance as required by the hearing Examiner, shall make reports
17 to the administrator detailing actions taken to develop a means of noise control or to
18 reduce the noise involved and must relate these actions to pertinent current
19 technology.
20
21 6. Section 12.96.020(C) is amended to read as follows:
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23 Economic variance. An economic variance may be granted by the Hearing Examiner
24 on the ground that compliance with the particular requirement or requirements from
25 which the variance is sought will require the taking of measures that, because of their
26 extent or cost, must be spread over a period of time. The duration of an economic
27 variance shall be for a period not to exceed such reasonable time as is required in the
28 view of the hearing Examiner for the taking of the necessary measures. An economic
29 variance shall contain a timetable for the taking of action in an expeditious manner and
30 shall be conditioned on adherence to the timetable.
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32 7. Section 12.99.010 is amended to read as follows:
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34 Enforcement. Violation of the provisions of Chapter 12.86 through 12.100 shall be
35 subject to the enforcement provisions and penalties set forth in chapter 1.15 MMC
36 ((
37 Aelatiep eeeum shall Gangtwte a sepaFate vielation}). In addition to ((%))
38 impositions of the fines provided herein for any violation, such violations may be
39 enjoined or abated as a nuisance under the provisions of Medina Municipal Code
40 Chapter 8.04.
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42 8. Section 12.99.020 is amended to read as follows:
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44 Appeals. Any person aggrieved by a final order of the administrator, may appeal to the
45 Medina Hearing Examiner pursuant to MMC 2.78.070 of the Medina Municipal Code.
46 Appeal of a final order ((by)) of the Hearing Examiner shall be pursuant to MMC
47 2.78.100,
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49 Section 10. Section 12.28.280 is recommended to be amended to read:
50
51 12.28.280 Violation - Penalty.
Planning Commission Recommendation 20 of 24 Page 214 of 218
'2 Violation of any provision of this chapter shall be subject to the enforcement provisions and
3 penalties set forth in chanter 1.15 MMC ((GGA69tWt9 a GiVil WMG&A,
4 ,
S )).
6
7 Section 11. Section 12.32.080 is recommended to be amended to read:
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9 12.32.080 Violation - Penalty.
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11 Violation of any provision of this chapter shall be subject to the enforcement provisions and
12 penalties set forth in chapter 1.15 MMC ((r
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14 69paFMe Gh4i iRfFaoien, punishable aS PFGIAd8d hwei4)).
15
16 Section 12. Section 14.12.080 of the Medina Municipal Code is recommended to be
17 amended to read:
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19 Violation of any provision of this chapter shall be subject to the enforcement provisions and
20 penalties set forth in chapter 1.15 MMC.
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22 ((A►:--Mala#iens
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25 It !A a Idnim
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27 ,
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29 FWSiGRS theFete have been violated,
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35 eeFtolied mall vAth FetUFR FeGeipt FequeMed,
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40 available, I . . elating aF failiFig to rmmply with the PFWGleRG 9i this Gl;apteF Sh
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47 fined and i-FApOsened. Pael; day of RGAe9FRplianGe with the pFevlei9n6 ef this ehapteF shall
48 GeRstit6ite a aspaFate AeAse.
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50 FePFeeePAWIYe May iSSUe a Step Wek 9FdeF, With GF m4heut n9fiee,
Planning Commission Recommendation 21 of 24 Page 215 of 218
•))
Section 13. Section 15.20.090 is recommended to be amended to read.:
15.20.090 Violations and penalties.
10 Violation of any provision of this chapter shall be subiect to the enforcement provisions
11 and penalties set forth in chapter 1.15 MMC.
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13 ((A. Vle!Mene-
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15 GAFMGtUFe wWFi the eit. W Medina that . elntee any of the PFAW :c iv.ne of. th'
16 ehapteF.
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18 final eanstFurAien mitigateR PlaA eF aRy FWsieicis theFete.
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22 GVA8F,
23 ; shall ewe
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27 , addFessed te the last
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31 stated AeiatiGR-
32 G. Civil Penalty. in additien to aRy etheF GaROWR eF Femedial pFeeeduFe, whieh may he
33 availabie,
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35 %4elatien fFeF:A the date 684 f9f eemplianee.The penalty impesed by this seetien shall
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41 with the PFWsiens ef this ehapteF Shall seRstitute a sepaFate GffeRee.
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48 this ehapter:))
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50 Section 14. Section 17.04.060 is recommended to be amended to read:
51
Planning Commission Recommendation 22 of 24 Page 216 of 218
DRAFT
1 17.04.060 Violation — Penalty.
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3 Any violation of title 17 MMC shall be subject to the enforcement provisions and
4 penalties set forth in chapter 1.15 MMC ((
5
6 $1 ,990, OF h)).
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8 Section 15. It is recommended that section 17.80.130 be deleted.
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10 ((
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12 s Gh pt r shall, misde—Imle-maROF ,ra7n
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14 maybe enjoined at the
15 Fequest ef the-s+ .))
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17 Section 16. It is recommended that section 17.90.180 be deleted.
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19 ((
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27 Section 17. It is recommended that section 17.92.010 be deleted.
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29 ((1792 040 Viwl ,fiver, — �wr.wlhs
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33 il f9F FlOt tO emeeed 99 days, GF b9th.
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37 , OF pFehlblted use is diseepAinued and an
38 applieatleA IeF a building peFFAit, 4 FeqUlFed, filed,
39 effeRse.))
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41 Section 18. Section 18.12.230 is recommended to be amended to read:
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43 13.12.230 Unauthorized alterations, enforcement and penalties.
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45 The provisions set forth in this section shall apply to all violations of this chapter. Penalty
46 and enforcement provided herein shall not be deemed exclusive, and the city may
47 pursue any appropriate remedy or relief.
48 A. Enforcement and Penalties. (( , GGFPGFati9R OF
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50 ,
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Planning Commission Recommendation 23 of 24 Page 217 of 218
DRAFT
1 this ehapt^" is ^^"""" itte`r.)) Violation of any provision of this chanter shall be subject to
2 tote enforcement provisions and penalties set forth in chapter 1.15 MMC.
3 B. Damages. Any person, firm, corporation or association or agent thereof who violates
4 any of the provisions of this chapter shall be liable for all damages to public or private
5 property arising from such violation, including the cost of restoring the affected area
6 to an equivalent or improved condition prior to the violation.
7 C. Restoration. All development work shall remain stopped until a restoration plan is
8 prepared and approved by the city of Medina, unless, in the opinion of the city
9 manager or designee, stopping work will result in a greater critical area impact or
10 hazard. In such an Instance, the city manager or designee may require additional,
11 temporary work to reduce the critical area impact or hazard until a restoration plan
12 can be approved. The restoration plan shall be prepared in accordance with MMC
13 18.12.180. Restoration shall include, but .not be limited to, removal of any
14 unauthorized fill and replacement of unauthorized cleared vegetation with native
15 species similar to those which were removed or other approved species such that
16 the hydrological, biological and habitat functions and values are restored. Studies by
17 a qualified expert shall be conducted to determine the conditions which were likely to
18 exist prior to the illegal alteration. Restoration shall also include installation and
19 maintenance of interim and emergency erosion control measures until such time as
20 the restored site complies with city requirements.
21 D. Stop Work Orders. When a critical area or its buffer has been altered in violation of
22 this title, all ongoing development work shall stop and the critical area shall be
23 restored at the owner's or other responsible party's expense. The city shall stop work
24 on any existing permits and halt the issuance of any or all future permits or approvals
25 for any activity which violates the provisions of this chapter until the violation is
26 resolved and all penalties are paid in full.
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28 Section 19. A new section 18.04.030 is recommended to be added to read:
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30 18.04.030 Violations and penalties.
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32 Violation of any provision of this chapter shall be subject to the enforcement provisions
33 and penalties in chapter 1.15 MMC and Washington Administrative Code 173-27-240
34 through 173-27-310.
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36 APPROVED BY THE PLANNING COMMISSION ON THIS 16TH DAY OF DECEMBER,
37 2009.
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41 Planning Com ' wCfiair
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43
44 Attest:
45
46
47 Development S rvices Director
Planning Commission Recommendation 24 of 24 Page 218 of 218