HomeMy WebLinkAbout49-17 - Ord. Amending Chapter 15.13 Issuing Notices of Code ViolationsORDINANCE NUMBER 4'q -/ 1
AN ORDINANCE OF THE MASON COUNTY BOARD OF
COMMISSIONERS AMENDING SECTION 15.13, ISSlilNG NOTICES OF
CODE VIOLATIONS ADMINISTRATIVELY AND SECTION 15.09.030 ,
CONDUCING ADMINISTRATIVE REVIEW OF ACCESSORY
DWELLING UNITS TO DECREASING RELIANCE ON THE HEARINGS
EXAMINER FOR REVIEWS THAT CAN BY CONDUCTED
ADMINISTRATIVELY.
AN ORDINANCE of the Mason County Board of Commissioners ("Commissioners") to
amend Title 15 of the Mason County Code, Section 15.13, issuing notices of code
violations administratively and Section 15.09.030, conducting administrative review of
accessory dwelling units.
WHEREAS, Mason County Code 15.13, under the authority of Washington State law,
Chapter 7.80 Revised Code of Washington 23 (RCW), provides for local code enforcement
of civil infractions; and
WHEREAS, a stated purpose of Chapter 7.80 RCW is to allow for local code enforcement
officers to address civil infractions reducing court case loads;
WHEREAS, Mason County Planning has experience administering permits for accessory
dwelling units and Mason County Board of County Commissioners has codified specific
criteria for approval of accessory dwelling units in MCC 17.03 .029;
WHEREAS, Mason County is streamlining planning processes and reducing costs for both
citizens and the County;
WHEREAS, the Commissioners find that it is in the public interest to adopt the
amendments described above;
NOW THEREFORE, BE IT HEREBY ORDAINED, by the Board of Commissioners of
Mason County that:
Title 15, "Development Code", Sections 15.13 and 15.09030 of the Mason County Code are
hereby amended as set forth in Attachment A, which is attached hereto and incorporated
herein by reference .
r,.J
DATED this 2j day of Au~\A~±: 2017.
ATTEST :
APPROVED AS TO FORM:
~2/~
Tim Whitehead, Chief DPA
BOARD OF COUNTY COMMISSIONERS
MASON COUNTY, WASHINGTON
Terri .J.e#Fey s, Commissioner
i;) re. 1t C,y-
~ 1'74,
R~Neatherlin~ Commissioner
Chapter 15.13 -ENFORCEMENT
Sections:
15 .13 .005 -Severability .
This title shall be governed by the laws of the state of Washington. In the event that any portion or
section of this title be declared invalid or unconstitutional by a court of competent jurisdiction, the
remainder of the title shall not be affected and shall remain in full force and effect.
(Ord . 179-02 Attach. B (part), 2002; Or d. 142-02 Attach. B (part), 2002: Ord. 88-02 Attach. B
(part), 2002: Ord. 116-01 Attach . A (p art), 2001: Ord. 129-00 Attach. A§ 2 (part), 2000 : Res.
79-78 (part), 1998: Res. 136-96 (part), 1996).
15 .13 .010 -Enforcing official-Authority.
(a) The review authority shall be responsible for enforcing those codes and ordinances to which this title
applies, and may adopt administrative rules to meet that responsibility . The review authority may
delegate enforcement responsibility , as appropriate . An employee of one review authority
department may commence an enforcement action of violations of codes and regulations of other
departments .
(b) Inspections . The purpose of these inspection procedures are to ensure that a property owner's rights
are not violated .
When it is necessary to make an inspection to enforce the provisions of this chapter, or when the
director has reasonable cause to believe that a violation has been or is being committed, the director or
his duly authorized inspector may enter the premises, or building at reasonable times to inspect or to
perform any duties imposed by this chapter, provided that if such premises or building be occupied that
credentials be presented to the occupant and entry requested . If such premises or building be
unoccupied, the director shall first make reasonable effort to locate the owner or other person having
charge or control of the premises or building and request entry. If entry is refused, the director shall have
recourse to remedies provided by law to secure entry.
(Ord. 32-04 Attach. B (part), 2004: Ord. 179-02 Attach. B (part), 2002; Ord. 142-02 Attach. B
(part), 2002 : Ord . 88-02 Attach. B (part), 2002: Ord. 116-01 Attach. A (part), 2001: Ord. 129-00
Attach. A§ 2 (part), 2000 : Res. 79-78 (pmi), 1998: Res . 136-96 (part), 1996).
15.13 .020 -Penalty.
(a) Nonconforming structures and other non-conforming land modifications shall be a continuing
violation . Every day of violation shall be a separate violation. It shall be a violation to own , use,
control, maintain, or possess a portion of any premises which has been constructed, equipped,
maintained, controlled , or used in violation of any of the applicable provisions, MCC Section
15 .03.005, in this title . Structures or activit ies which were made or conducted without a permit, when
a permit was required at the time of first action, do not vest and require current permits . Any person ,
firm , or corporation who violates or who solicits , aids , or attempts a violation are accountable under
this chapter and are subject to the penalty provision s.-as-well as the hearing exam iner process .
(b) Compliance with the requirements of those codes and regulations listed under MCC Section
15 .03 .005 shall be mandatory, and violations of those codes are within the purview of this chapter.
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(c) Any private party who intentionally, recklessly, or negligently violates any of the applicable codes ,
regulations and ordinances is guilty of a misdemeanor. This includes, but is not limited to, a violation
of notice and order, a violation of notice of civil violation, a violation of a warning notice , a violation of
a stop work order, violation of a do not occupy order, aflG-QLfailure to comply with orders of the
hearings examiner. Any person convicted of a misdemeanor under this section shall be punished by
a fine of not more than five hundred dollars, or by imprisonment not to exceed ninety days, or by
both, unless otherwise required by state laws . Each such person is guilty of a separate offense for
each and every day during any portion of which any violation of any of the applicable provisions is
committed , continued , permitted, or aided by any such person .
(d) Notwithstanding the provisions of any other code, the review authority is authorized to issue civil
infractions for violations of any provision of any code or regulation listed under Section 15 .03 .005.
The enforcement officer may issue a civil infraction ticket of up to two hundred fifty dollars for the first
violation and up to five hundred dollars for the second and subsequent violations. Second and
subsequent violations refer to any violation of any provision of Section 15.03 .005 within two years of
the first violation . A violator is: (1) one who owns the property and knows the violation is occurring ,
and fails to take action to abate it; (2) one who causes the violation to occur or solicits , commissions,
requests, or aids the violation; (3) one who has a virtual exclusive right to possess the land , as in a
tenant, equitable title owner, or trust beneficiary, and who aids, abets , commissions, solicits,
requests , or knowingly allows a violation to occur on the land ; or (4) to the maximum extent allowed
under Washington law, any company whose employee or employees violates any provision of Title
15. Proof in district court shall be by a preponderance of the evidence . To the extent that there is no
conflict with this regulation, all such civil infractions under this regulation shall be governed by the
standards and procedures set forth in Revised Code of Washington 7.80 (Civil Infractions). Each day
of the violation shall be considered a separate offense.
(Ord. 179-02 Attach. B (part), 2002; Ord . 142-02 Attach. B (part), 2002 : Ord . 88-02 Attach. B
(part), 2002: Ord. 116-01 Attach . A (part), 2001 : Ord. 129-00 Attach. A§ 2 (part), 2000: Res .
79-78 (pait), 1998 : Res. 136-96 (pait), 1996).
15.13.030 -Application .
(a) Actions under this chapter may be taken in any order deemed necessary or desirable by the review
authority to achieve the purpose of this chapter or of the development code .
(b) Proof of a violation of a development permit shall constitute prima facie evidence that the violation is
that of the applicant and/or owner of the property upon which the violation exists. An enforcement
action under this chapter against the owner and/or applicant shall not relieve or prevent enforcement
under this chapter or other ordinance against any other responsible person, which , to the extent
allowed by state law, includes an officer or agent of a business or nonprofit organization who , while
violating the applicable provisions, is acting on behalf of, or in representation of, the organization .
(c) Where property has been subjected to an activity in violation of this chapter, the county may bring an
action against the owner of such land or the operator who performed the violation. In addition, in the
event of intentional or knowing violation of this chapter, the hearing examinerreview authority may,
upon the oounty's request , deny authorization of any permit or development approval on said
property for a period up to ten years from the date of unauthorized clearing or grading . While a case
is pending-before the hearing exam iner, the county shall not authorize or grant any permit or
approval of development on the property.
(d) Nothing in this chapter shall be construed to prevent the application of other procedures, penalties or
remedies as provided in the applicable code or ordinance.
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(Ord . 32-04 Attach. B (part), 2004; Ord. 179-02 Attach. B (paii), 2002; Ord. 142-02 Attach. B
(part), 2002: Ord. 88 -02 Attach. B (part), 2002: Ord. 116-01 Attach. A (part), 2001: Ord . 129-00
Attach. A § 2 (part), 2000: Res . 79-78 (part), 1998: Res. 136-96 (part), 1996).
15 .13 .035 -Warning notice .
Prior to other enforcement action, and at the option of the review authority, a warning notice may be
issued. This notification is to inform parties of practices which constitute or will constitute a violation of the
development code or other development regulation as incorporated by reference and may specify
corrective action . This warning notice may be sent by certified/registered mail, posted on site or delivered
by other means . The parties shall respond to the county within twenty days of the postmark, posting on
site, or delivery of the notice .
(Ord. 179-02 Attach. B (part), 2002; Ord . 142-02 Attach. B (part), 2002: Ord . 88-02 Attach. B
(part), 2002: Ord. 116-01 Attach. A (part), 2 001: Ord. 129-00 Attach. A § 2 (part), 2000: R es .
79-78 (paii), 1998: Res . 136-96 (part), 1996).
15.13.040 -Notice of civil violation.
(a) Authority . A notice of civil violation may be issued and served upon a person if any activity by or at
the direction of that person is , has been , or may be taken in violation of the applicable codes under
Section 15. 03 . 005 . A landowner, tenant , or contractor may each be held separately and joint and
severally responsible for violations of the applicable codes and regulations .
(b) Notice . A notice of civil violation shall be deemed served and shall be effective when posted at the
location of the violat ion and/or delivered to any person at the location and/or mailed first class to the
owner or other person having responsibility for the location and not returned .
(c) Content. A notice of civil violation shall set forth :
(1) The name and address of the person to whom it is directed;
(2) The location and specific description of the violation;
(3) A notice that the order is effective immediately upon posting at the site and/or receipt by the
person to whom it is directed;
(4) An order that the violation immediately cease, or that the potential violation be avoided;
(5) An order that the person stop work until correction and/or remediation of the violation as
specified in the order;
(6) A specific description of the actions required to correct, remedy, or avoid the violation, including
a time limit to complete such actions ;
(7) A notice that failure to comply with the regulatory order may result in further enforcement
actions , including civil fines and criminal penalties;
(8) A notice of the date , time and place of appearance before the hearing examiner as provided in
Section 15.13 .04 5. opportunity to appeal the administrative decision to the hearings exam iner
consistent with Section 15 .11 .020 .
(d) Remedial Action . The review authority may require any action reasonably calculated to correct or
abate the violation, including but not limited to replacement, repair, supplementation , revegetation, or
restoration .
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(Ord. 179-02 Attach. B (part), 2002; Ord. 142-02 Attach. B (part), 2002: Ord. 88-02 Attach. B
(part), 2002: Ord. 116-01 Attach . A (pait), 2001: Ord. 129-00 Attach. A§ 2 (part), 2000: Res .
79-78 (pait), 1998: Res. 136-96 (pait), 1996).
15 .13 .045 l=learing before the hear ings e><aminer.
(a) A person to whom a notice of a ci vil v iol ation is issued wil l be schedu led to appear befo re the
hear ings examinor after the not ice of civ il vio lat ion is issued . Extens ions may be granted at the
. discretion of the appropr iate rev iew author ity .
(b) Correction-of Violation . The hearing w ill be canceled if the applicable review authority determines
that the required corrective action has been completed or is on schedu le for completion as set by #le
fOVie.w authority at least forty eight hours prior to the scheduled hearing .
(c) Procedure . The hearings examiner shall conduct a hear ing on the civil vio lation pursuant to the rules
of procedure of the hearings examiner. The applicable review authority and the person to whom the
notice of civil v iolation was directed may participate as parties in the hearing and each party may cal l
witnesses . The county shall have the burden of proof to demonstrate by a prep o nderance of
evidence that a violation has o · · ccur and that the required corrective
action will correct the violation . A hearing examiner's order may prohibit future action , and vffilaoons
of that order may lead to penalties under this title . The determination of the applicab le review
author ity shall be accorded substantial weight by the hearings examiner in determining the
reasonab leness of the required corrective action .
(d) Decis ions of the Hear ings Examiner.
(1) The hearings examiner shall determine whether the county has established by a preponderance
of the evidence that a violation has occurred and that the required correction wi ll correct the
violations and sha ll affirm , vacate , or modify the county's decis ions regard ing the alleged
violation and/or the required corrective act ion , with or without wr itten conditions .
(2) The hearing examiner shal l issue an order to the person responsible for the violation 'Nfltef}
contains the following information :
(/\) The decision regarding the alleged violat ion inc luding findings of fact and conclusions
based thereon in support of the decis ion;
(B) The required corrective action ;
(C) The date and time by wruch the correction must be completed ;
(D) The civil fines assessed based on the criteria in subsection (d)(3) of this section ;
(E) The date and time by which the correction must be completed .
(3) Civil fines assessed by the hearing examiner sha ll be in accordance with the civ il fine in Section
15.13 .050 .
(A) The hearing examiner sha ll ha ve the follow ing options in assessing c ivi l fines :
(i) /\ssess was issued a nd thereafter; or
(ii) Assess c ivi l f ines beginn ing on the correction date set by the appl icable review
authority or a lternate correction date set by the hearin gs exam ine r and thereafter; or
(iii) Assess less than the established civ il f ine set forth in Sect ion 15 .13 .050 based on the
criteria of subsect ion (d)(3)(B) of this sect ion; or
tiv) Assess no civil fines .
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(B) In determining the c ivil fine assessment, the hearing exam iner shall consider the following
facto rs :
fi)--------Whether the perso n responded to staff attempts to contact t he person a nd co o perated
with efforts to correc t the vi ol at ion ;
fi-ir-Whether the person fa iled to appear at t he hea ri ng;
fH-it--Whether the v io lation was a repeat violation or if the person has previBusly violated
the app li cab le codes , regu lations , a nd ord inances ;
(iv) VVhether the pe rson showed due diligence and/or substant ia l progress in correcting
the vio lation;
M VVhether a genuine code interpretat ion issue exists ; and
(vi) Any other re levant factors .
(C) The hearing exam iner may double the c ivil fine schedule if t he v iolat ion was a repeat
v io lation or the person has previous violations of the app licab le codes, regulations, or
ord inances . In determin ing the amount of the civi l fine for repeat vio lations the heafiflg
examiner shall consider the factors set forth in subsection (d)(3)(B) of this section .
(4) Notice of Decision . Upon receipt of the hearing examiner's decision, the revi ew authority shall
send by fi rst class mail and by certified ma il return receipt requested a copy of the decision to
the person to whom the notice of a c ivi l vio lation was issued . The decision of the hearing
examiner shall be rendered within ten working days of the hearing .
(e) Failu re to Appear. If the person to whom the notice of civ il violat ion was issued fails to appear at the
scheduled hearing , the hearing examiner will enter a default order w ith findings pursuant t o
subsection (d)(2) of this section and assess the appropriate civil fine pursuant to subsection (d)(3) of
this section . The county will enforce the hearing examiner's order and any civ il fine from that person .
(f) Appeal to Superio r Court. See Section 15 .11 .040 Judicial ,A,ppeal.
(Ord . 179 02 Attach. B (p art), 2002; Ord. 142 02 A.ttach . B (part), 2002: Ord . gg 02 Attach. B
(part), 2002: Ord. 116 01 A.ttaeh. A (part), 2001: Ord. 129 00 Attach. A § 2 (pmi), 2000 : Re s .
79 78 (part), 1998: Res. 136 96 (pmi), 1996).
15.13 .050 -Civil fines.
(a) Authority . A person who violates any provision of the development code, or who fails to obtain any
necessary permit, who fails to comply with the conditions of a permit, or who fails to comply with a
notice of civil violation shall be subject to a civil fine .
(b) Amount. The civil fine assessed shall not exceed one thousand dollars for each violation , except
WAere the hearings examin e r is authorized under this chapter to double the fine . Each separate day,
event, action or occurrence shall constitute a separate violation .
(c) Notice . A civil fine shall be imposed by an order of the hearings exam ine rr evi ew auth o rit y. and shall
be effective when served or posted as set forth in Section 15 .13.040(b).
(d) Collection.
(1) Civil fines shall be immediately due and payable upon issuance and receipt of order of the
hearings examinerreview authority . The review authority may issue a stop work order until such
fine is paid .
(2) If remission or appeal of the fine is sought, the fine shall be due and payable upon issuance of a
final decision.
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(3) If a fine remains unpaid thirty days after it becomes due and payable, the review authority may
take actions necessary to recover the fine. Civil fines shall be paid into the county's general
abatement fund unless otherwise provided by ordinance. The review authority, in its discretion,
may determine that assessments in amounts of five hundred dollars or more shall be payable in
not to exceed three equal annual installments. The payments shall bear interest equal to that
charged on delinquent taxes under RCW 84.56.020. Such an account in good standing shall not
be considered as delinquent unpaid fines as provided in subsection (d)(4) of this section .
(4) Unpaid fines shall be assessed against the property and be recorded on the assessment roll,
and thereafter said assessment shall constitute a special assessment against and a lien upon
the property, provided that fines in excess of the assessed value shall be a personal obligation
of the property owner, and fines assessed against persons who are not the property owner shall
be personal obligations of those persons .
(e) Immediately upon its being placed on the assessment roll, the assessment shall be deemed to be
complete, the several amounts assessed shall be payable, and the assessments shall be liens
against the lots or parcels of land assessed, respectively . The lien shall be subordinate to all ex isting
special assessment liens previously imposed upon the same property and shall be paramount to all
other liens except for state, county and property taxes with which it shall be upon a parity . The lien
shall continue until the assessment and all interest due and payable thereon are paid.
(f) All such assessments remaining unpaid after thirty days from the date of recording on the
assessment roll shall become delinquent and shall bear interest at such rates and in such manner as
provided for in RCW 84 .56 .020, as now or hereafter amended, for delinquent taxes.
(g) If the county assessor and the county treasurer assess property and collect taxes for this jurisdiction,
a certified copy of the assessment shall be filed with the county treasurer. The descriptions of the
parcels reported shall be those used for the same parcels on the county assessor's map books for
the current year.
(h) The amount of the assessment lien shall be billed annually by the treasurer's office on the date of the
assessment lien until paid and shall be subject to the same penalties and procedure and sale in case
of delinquency as provided for ordinary property taxes . All laws applicable to the levy, collection and
enforcement of property taxes shall be applicable to such assessment. Notwithstanding the previous
provisions, the foreclosure process and sale process may be commenced within a year of the
creation of a lien when the review authority or the hearing examiner make a written request to the
treasurer's office to commence the process .
(Ord. 80-03 Attach. B (pait), 2003; Ord. 179-02 Attach . B (part), 2002; Ord. 142-02 Attach. B
(pait), 2002: Ord. 88-02 Attach. B (part), 2002: Ord. 116-01 Attach. A (part), 2001: Ord. 129-00
Attach. A§ 2 (pait), 2000: Res. 79-78 (pait), 1998: Res. 136-96 (part), 1996).
15.13.055 -Cost recovery.
(a) Authority . Notwithstanding any other code provision, a person who violates any provision of any code
or regulation under MCC Section 15.03.005, or who fails to obtain any necessary permit , or who fails
to comply with a notice of civil violation shall be subject to enforcement, hearings examiner, and
abatement costs. Costs in year 2002 shall be fifty two dollars and thirty cents per hour fo r any
employee of Mason County , except that department heads and managers , elected officials, and
~y prosecutor time shall be-se-veRty-fi-ve dollars per hour. For every year after 2002 , the rate may
be adjusted according to the Consumer Price Index.
(b) Amount. The review authority shall keep an itemized account of the time spent by employees of the
county in the enforcement or abatement of any code or any regulation under Section 15 .03.005 . +i=le
· · e ordered by the hearings examiner. The hearing examiner may
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(c) Notice. Upon completion of the work for which cost recovery is proposed , the review authority shall
provide notice by certified mail return receipt requested to the property owner or other person on
whose behalf the costs were incurred.
(d) Collection. Costs may be collected as provided in MCC Section 15.13.050(d) through (h) inclusive.
(e) Civil fines and funds collected shall be deposited as provided in the respective co unty regulation or, if
no other provision is made , shall be deposited in the general abatement fund of the county.
However, de partmental directors may, in their discretion, direct that costs be placed in a sp ecial
abatement f und . If the director decides to close the fund, the remaining fund balance shall revert
back to the general fund.
(Ord. 179-02 Attach. B (part), 2002; Ord. 142-02 Attach. B (part), 2002: Ord. 88-02 Attach. B
(part), 2002: Ord . 116-01 Attach . A (part), 2001: Ord. 129-00 Attach. A§ 2 (part), 2000: Res.
79 -78 (part), 1998: Res. 136-96 (part), 1996).
15.13.060 -Abatement.
(a) The review authority may abate the violation if corrective work is not commenced or completed within
the time specified in a notice of civil violation.
(b) If any required work is not commenced or completed within the time specified, the review authority
may proceed to abate the violation and cause the work to be done and charge the costs thereof as a
lien against the property and any other property owned by the person in violation and as a personal
obligation of any person in violation .
(Ord. 32-04 Attach. B (part), 2004 : Ord. 179-02 Attach. B (part), 2002; Ord. 142 -02 Attach. B
(part), 2002: Ord . 88-02 Attach. B (part), 2002 : Ord . 116-01 Attach. A (p art), 2001: Ord. 129-00
Attach. A§ 2 (part), 2000: Res. 79-78 (paii), 1998: Res. 136-96 (part), 1996).
15.13.070 -Review of approved permits .
(a) Review. Any approval or permit issued under the authority of the development code may be
reviewed for compliance with the requirements of the development code, or to determine if the action
is creating a nuisance or hazard, has been abandoned, or the approval or permit was obtained by
fraud or deception .
(b) Review Authority Investigation. Upon receipt of info rmation indicating the need for, or upon receiving
a request for review of permit or approval, the review authority shall investigate the matter and take
one or more of the following actions :
(1) Notify the property owner or permit holder of the investigation;
(2) Issue a notice of civil violation and/or civil fine and/or recommend revocation or modification of
the permit or approval;
(3) Refer the matter to the county prosecutor;
(4) Revoke or modify the permit or approval, if so authorized in the applicable code or ordinance ;
and/or
(5) Refer the matter to the hearing examiner with a recommendation for action .
(Ord. 32-04 Attach. B (part), 2004: Ord . 179-02 Attach. B (part), 2002 ; Ord. 142-02 Attach. B
(p art), 2002: Ord. 88-02 Attach. B (part), 2002: Ord . 116-01 Attach. A (part), 2001: Ord. 129-00
Attach. A§ 2 (p art), 2000: Res. 79-78 (part), 1998: Res. 136 -96 (part), 1996).
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15.13.075 -Revocation or modification of permits and approvals.
[[Handled by appropriate departments]]
(a) Upon receiving a review authority's recommendation for revocation or modification of a permit
or approval, the hearing examiner shall review the matter at a public hearing, subject to the
notice of public hearing requirements (Section 15 .07 .030). Upon a finding that the activity does
not comply with the conditions of approval or the provisions of the development code, or creates
a nuisance or hazard, the hearing examiner may delete, modify or impose such conditions on
the permit or approval it deems sufficient to remedy the deficiencies. If the hearing examiner
find ~ no reasonable conditions which would remedy the deficiencies, the permit or approval
shall be revoked and the activity allowed by the permit or approval shall cease .
(b) Building Permits. The building official, not the hearing examiner has the authority to revoke or
modify building permits.
(c) If a permit is not acted on within three years of authorization, the permit is automatically
revoked.
(d) Reapplication . If a permit or approval is revoked for fraud or deception, no similar application
shall be accepted for a period of one year from the date of final action and appeal, if any . If a
permit or approval is revoked for any other reason, another application may be submitted
subject to all of the requirements of the development code .
(Ord . 32-04 Attach. B (part), 2004).
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15.09.030 -Type I and Type II review-Without notice .
(a) After the determination of a complete application, the review authority may approve, approve with
conditions, or deny the following without notice, unless notice is otherwise required (for example,
short subdivision applications):
(1) Type I decisions ;
(2) Extension of time for approval;
(3) Minor amendments or modifications to approved developments or permits. Minor amendments
are those which may affect the precise dimensions or location of buildings, accessory structures
and driveways , but do not affect: (i) overall project character, (ii) increase the number of lots ,
dwelling units, or density or (iii) decrease the quality or amount of open space ;
(4) Adjustment to yard setbacks ;
(5) Type II decisions, which are excluded as provided in Section 15.03 .010 of this title~7
(6) Accessory Dwelling Units .
(b) The review authority's decisions under this section shall be final on the date issued .
(Ord. 179-02 Attach. B (part), 2002; Ord. 142-02 Attach. B (part), 2002: Ord. 88-02 Attach. B
(part), 2002: Ord. 116-01 Attach. A (part), 2001: Ord. 129-00 Attach. A§ 2 (part), 2000: Res.
79-78 (part), 1998: R es. 136-96 (part), 1996).
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