HomeMy WebLinkAbout179-02 - Res. Amending Title 15 County Code Development Code ORDINANCE NUMBERj!] �j- 02
AMENDMENTS TO TITLE 15 MASON COUNTY DEVELOPMENT CODE
AN ORDINANCE amending the Mason County Code Title 15 Mason County Development Code , Ord .
No . 142 -02 , that amends portions of the ordinance by adding Section 15 . 09 . 055 Type III review -
Shoreline Master Program, under the authority of Chapters 36 . 70 and 36 . 70A RCW .
WHEREAS , in a public hearing in October 2002 , the Board of County Commissioners adopted the Mason
County Code Title 15 standards and procedures regarding permit administration (Sec . 15 . 03 ) , review and
approval (sec . 15 . 09), enforcement (Sec . 15 . 11 ) , and appeals (Sec . 15 . 13 ), including those under Mason
County Code Title 7 (Shoreline Master Program) ;
WHEREAS , the Department of Community Development prepared ordinance changes that added the
permit application and review procedures of the Mason County Shoreline Master Program to the standards
of Title 15 Mason County Development Code ;
WHEREAS , the Mason County Planning Advisory Commission formulated their recommendation to
approve the proposed ordinance revisions concerning Type III Shoreline Master Program permits , after a
public hearing on October 7 , 2002 ;
WHEREAS , the Board of County Commissioners held a public hearing about the proposed revisions on
November 19 , 2002 and December 17 , 2002, to consider the recommendations of the Planning Advisory
Commission, and the Mason County Department of Community Development and citizens ' testimony on
the proposed revisions ;
WHEREAS , the Mason County Board of County Commissioners has approved findings of fact to support
its decision as ATTACHMENT A;
NOW, THEREFORE, BE IT HEREBY ORDAINED , that the Board of County Commissioners of Mason
County hereby approves and ADOPTS the amendments to the Mason County Development Code with the
addition of Section 15 . 09 . 055 Type III review - Shoreline Master Program, (regarding Shoreline Master
Program permit review procedures), as described by ATTACHMENT B .
DATED this —' day of December 2002 .
Board of County Commissioners
Mason County, Washington
!'r ; I I ATTEST :
Wesley ! Johnson, Chair
—�' Clerk of the Board Qj
Her Baze, Commissioner _ APPROVED AS TO FORM :
M4
Jayni . Ka in, Commissi ner Deputy Prosecuting Attorney
ATTACHMENT A
Ord . 179J02
AN ORDINANCE AMENDING THE MASON COUNTY DEVELOPMENT CODE
(Ord. No . 142-02) TO INCLUDE SHORELINE MASTER PROGRAM
PERMIT APPLICATION AND REVIEW PROCEDURES AND
ADOPTING REVISIONS TO THE
MASON COUNTY SHORELINE MASTER PROGRAM
MASON COUNTY BOARD OF COMMISSIONERS
December 17 , 2002
FINDINGS OF FACT
1 . Under consideration is the proposed ordinance to add the permit application and review
procedures of the Mason County Shoreline Master Program to the standards of Title 15 Mason
County Development Code and adopt the revisions to the Mason County Shoreline Master
Program Development ,
2 , The Mason County Development Code (Ord . No 142 -02) contains the application,
review, approval , and enforcement processes for land development in Mason County . These
standards provide the guidelines for a combined development and environmental review of a
proposed activity and provide the guidelines for the enforcement of county regulations and
standards of activities that need permits and/or approvals prior to taking place .
3 . Mason County Department of Community Development received public comments from
Washington Department of Ecology to revise the Development Code to meet a consolidated
permit review procedures , and in response , Department of Community Development staff
prepared revisions that added the permit application and review procedures of the Mason County
Shoreline Master Program to the standards of Title 15 Mason County Development Code
4 . At the October 7 , 2002 Mason County Planning Commission meeting, the Department of
Community Development proposed the ordinance changes in the new Section 15 . 09 . 055 Type III
review - Shoreline Master Program. Following discussion that the revisions would consolidate
permit review and allow fair public review of project proposals , Planning Commission members
approved a motion to recommend the proposed revisions be approved.
5 . At the November 19 , 2002 and December 17 , 2002 public hearing, the Board of County
Commissioners heard the Department of Community Development staff report summary and
considered the testimony from county staff and the public concerning the proposed revisions to
add the permit application and rcvie - procedures of the Mason County Shoreline Master
Program to the standards of Title 15 Mason County Development Code and to reformat the
Mason County Shoreline Master Program Development Standards 2002 , prepared by Department
of Community Development staff.
FROM THE PRECEDING FINDINGS , the Mason County Board of Commissioners considered
the ordinance revisions , staff report, and public testimony, and adopts a motion to approve the
proposed revisions to add the permit application and review procedures of the Mason County
Shoreline Master Program to the standards of Title 15 Mason County Development Code, and to
adopt the Mason County Shoreline Master Program Development Standards 2002 .
- C7Z,
Chair, Mason County. Board of Commissioners Date
tti � -
TITLE 15
MASON COUNTY DEVELOPMENT CODE
(IN EFFECT AS OF JULY 25 2002 )
Chapters ° Pages .
15 . 01 INTRODUCTION 2
15 . 03 ADMINISTRATION 4
15 . 05 CONSOLIDATED APPLICATION PROCESS 8
15 . 07 PUBLIC NOTICE REQUIREMENTS 10
15 . 09 REVIEW AND APPROVAL PROCESS 12
15 . 11 APPEALS 26
15 . 13 ENFORCEMENT 28
15 . 15 CONSOLIDATED APPLICATION REVIEW CHART 35
J:\GMSHARE\DEV-REGS\2002\T15 -02-Dec bcc. doc
MASON COUNTY TITLE 15 - DEVELOPMENT CODE — DEC* 2002 NEW TEXT OR &IR4KEOUT PAGE 1
CHAPTER 15 . 01
INTRODUCTION
Sections : Pages .
150010010 INTENT 2
15 . 01 . 020 DEFINITIONS 2
15 . 01 . 010 INTENT
The purpose of this Title is to combine and consolidate the application, review, enforcement, and
approval processes for land development in Mason County in a manner that is clear, concise, and
understandable . It is further intended to comply with RCW 36 . 70B , which provides the
guidelines for integrating development review and environmental review of proposed
development, in coordination with approved land use plans .
Established III this Title is the standard use of the Letter of Completeness , Notice of Application,
and Notice of Decision . Final decision on development proposals shall be made within 120 days
of the date of the Letter of Completeness , except as provided in Section 15 . 09 . 100 .
15. 01 . 020 DEFINITIONS
The following definitions shall apply to this Title :
Accessory Structure : As defined in the relevant code or ordinance .
Adjacent Property Owners : The persons who are owners of lots , as shown on the County
Assessor records , within 300 feet, not including street rights-of-way, of the boundaries of the
property which is the subject of the meeting or pending action.
Closed record public meeting: a public meeting where the hearing body receives the record of
past public hearings on the matter and evaluates the proposal based upon that established
record of standards and issues brought up previously. Testimony is taken but the issues are
limited to the topics of past public hearing review.
Code : The Mason County Code or portion of that code .
Comprehensive Plan : The Mason County Comprehensive Plan, as amended .
Comprehensive Plan Amendment : An amendment or change to the text or maps of the
Comprehensive Plan .
Completed Application : Per RCW 36 . 70B . 070 .
Date of Decision : The date on which final action occurs and from which the appeal period is
calculated .
MASON COUNTY TITLE 15 - DEVELOPMENT CODE - DEC. 2002 NEW TEXT OR STR TKEPT J PAGE 2
Density : As defined in the relevant code or ordinance .
Development : Any land use permit or action regulated by Titles 6 , 77 81 14 , 16 , and 17 MCC ,
including but not limited to construction permits , conditional use permits , variances , or
subdivisions .
Development Code : The Mason County Development Code . Title 15 of the Mason County
Code .
Effective Date : The date a final decision becomes effective .
Final Decision : The final action by the review authority or Board of County Commissioners .
MCC : The Mason County Code .
Lot : As defined in the relevant code or ordinance .
Open Record Public Hearing : An open record hearing held by an authorized hearing body, at
which evidence is presented, testimony is recorded, and decision is made, to form the local
government record on the review and decision-making of the planned action.
Ordinance : Any or all of the adopted Mason County ordinances or resolutions .
Party of Record : Any person who has testified at a public hearing or has submitted a written
statement related to a development action and who provides the County with a complete address .
Person : Any person, firm, business , corporation, partnership of other associations or
organization, marital community, municipal corporation, or governmental agency.
Project : A proposal for development.
Project Permit : Per RCW 36 . 70B . 020 (4)
Review Authority : The Director of Community Development, the Director of Health Services ,
the Fire Marshal , or the Building Official , depending on the responsibility as determined by the
respective codes , ordinances , and regulations . Responsibilities of the Review Authority may be
delegated when not contrary to law or ordinance .
Setback : As defined in the relevant code or ordinance .
Variance : As defined or used in the relevant code or ordinance .
Yard : As defined in the relevant code or ordinance .
MASON COUNTY TITLE 15 - DEVELOPMENT CODE - DEC. 2002 NEW TEXT OR STR4KEOU F PAGE 3
CHAPTER 15. 03
ADMINISTRATION
Sections : Pages :
15 , 030005 PURPOSE AND APPLICABILITY 4
150030010 ROLES AND RESPONSIBILITIES 4
15 . 03 . 015 APPLICATION TYPES AND CLASSIFICATION 4
156036020 ADMINISTRATIVE DIRECTION 5
15 . 03 . 030 BOARD OF COUNTY COMMISSIONERS 6
154036040 PLANNING ADVISORY COMMISSION 6
15003 . 050 S14OrnEL-D E ADVISORY BOARD
150036060 HEARING EXAMINER 7
15 . 03 . 005 PURPOSE AND APPLICABILITY
This Chapter describes how the County will process enforcement actions and applications
for development subject to review under the following Chapters of the Mason County Code and
1 .
other ordinances and regulations of the county as listed below :
1 . Title 6 (Sanitary Code) , including the following Mason County Board of Health
regulations , which may not be codified in Title 6 : On- Site Sewage Regulation, Group B
Water System Regulation, Solid Waste Regulation, and Water Adequacy Regulation
2 . Title 7 (Shoreline Master Program)
3 . Title 8 (Environmental Policy)
4 . Title 14 (Construction)
5 . Title 16 (Subdivision)
6 . Title 8 (Resource Ordinance)
7 . Development Regulations (Ordinance 82 - 96 , as amended)
8. Mason County Flood Damage Prevention Ordinance (as amended)
15 . 03 . 010 ROLES AND RESPONSIBILITIES
A . The regulation of land development is a cooperative activity including many different
elected and appointed boards and County staff. The specific responsibilities of these
bodies is set forth below.
B . A developer is expected to read and understand the County Development Code and be
prepared to fulfill the obligations placed on the developer by the Mason County Code and
other ordinances and regulations of the county.
15 . 03 . 015 APPLICATION TYPES AND CLASSIFICATION
A . Applications for review pursuant to Title 15 shall be subject to a Type I, Type 11, Type III,
or Type IV process .
B . Unless otherwise required, where the County must approve more than one application for
a given development, all applications required for the development may be submitted for
review at one time . Where more than one application is submitted for a given
development, and those applications are subject to different types of procedure, then all of
MASON COUNTY 'TITLE 15 - DEVELOPMENT CODE - DEC. 2002 NEW TEXT OR SST PAGE 4
the applications are subject to the highest-number procedure that applies to any of the
applications .
Co The review authority for the application in question shall classify the application as one of
the four types of procedures .
1 . The act of classifying an application shall be an administrative interpretation, if
written and transmitted to the applicant .
2 . Questions about what procedure is appropriate shall be resolved in favor of the
type providing greatest notice and opportunity to participate .
3 . The review authority shall consider the following guidelines when classifying the
procedure type for an application :
a. A Type I (ministerial) process involves an application that is subject to
clear, objective and nondiscretionary standards or standards that require an
exercise of professional judgement about technical issues .
b . A Type II (administrative) process involves an application that is subject
to objective and subjective standards that require the exercise of limited
discretion about nontechnical issues and about which there may be a
limited public interest .
c . A Type III (quasi judicial) process involves an application for relatively
few parcels and ownerships . It is subject to standards that require the
exercise of substantial discretion and about which there may be a broad
public interest .
d . A Type IV (legislative) process involves the creation, implementation, or
amendment of policy or law by ordinance . The subject of a Type IV
process involves a relatively large geographic area containing many
property owners , and a Type IV application should follow the format
detailed in Chap . 15 . 09 . 060 .
D . Type I and Type II review - without notice -letter of completeness. Type I and Type II
permit reviews, which are categorically exempt from environmental review under chapter
43 . 21C RCW, or for which environmental review has been completed in connection with
other permits, shall be excluded from the notice of application and notice of decision
provisions in this Title, except when specifically required for a particular category of
project. Also a letter of completeness shall be at the option of the Review Authority,
provided that, if no letter of completeness is prepared, the application is considered
complete after 28 days froiii receiving an date stamped application and witiiiri the meaning
of chapter 36 . 70B RCW .
15 . 03 . 020 ADMINISTRATIVE DIRECTION
Each Director or authorized official shall review and act on the following :
A . Review Authority : The Director of Community Development, the Director of Health
Services , the Fire Marshal , and the Building Official, are responsible for the
administration of the respective titles of the Mason County Code and ordinances . The
responsibilities of the Review Authority may be delegated when not contrary to law or
ordinance .
B . Administrative Interpretation : Upon request or as determined necessary, the review
authority shall interpret the meaning or application of the provisions of said titles and
MASON COUNTY TITLE 15 - DEVELOPMENT CODE - DEC. 2002 NEW TEXT OR STPJKEOU PAGE 5
issue a written administrative interpretation within 30 days . Requests for interpretation
shall be written and shall concisely identify the issue and desired interpretation.
co Administrative Decisions : Administrative approval , approval with conditions, or denial
of permit applications as set forth in Sections 15 . 09 . 020 , 15 . 09 . 030, and 15 . 09 . 040 .
15 . 03 . 030 BOARD OF COUNTY COMMISSIONERS
In addition to its legislative responsibility, the Board of County Commissioners shall review and
act on the following subjects :
A . Changes to the Mason County Comprehensive Plan and land use regulations.
Be Appeals of the Hearing Examiner permit decisions, not including°
I. Enforcement decisions.
2. Decisions on appeal of the Building Official on the interpretation or
application of the Building Code.
3. Decisions on appeal of the Fire Marshal on the interpretation or application
of the Fire Code.
Reeemmendations of the Planningb . Genimission and .
Be Appheations for- Substantial Development
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15. 03 . 040 PLANNING ADVISORY COMMISSION
The Planning Advisory Commission shall review and make recommendations on the following
applications and subjects :
A . Amendments to the Comprehensive Plan and development regulations per RCW
36 . 70A. 030 .
Be Subjects referred by ordinance. Amendments to the-SubdivisionCode, Title 16 .
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MASON COUNTY TITLE 15 - DEVELOPMENT CODE - DEC. 2002 MEW TEXT OR STRHW50UT PAGE 6
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c�0®0 15. 03. 050 HEARINGEXAMINER
The Hearing Examiner shall review and act on the following subjects :
A . Appeals of decisions of the Building Official on the interpretation or application of the
Building Code .
B . Revoking or modifying a permit or approval per Section 15 . 13 . 070 .
C . Appeals of enforcement actions under the codes , ordinances and regulations listed under
15 . 03 . 005 . Enforcement actions include interpretations and decisions made as part of the
enforcement actions under the authority of provisions in 15 . 03 . 005 ,
D . Appeals of decisions of the Fire Marshal on interpretation or application of the Fire Code .
E . Enforcement actions as provided in Chapter 15 . 13 .
F. Applications for Preliminary Plats.
G. Appeal of administrative decisions by the Department of Community Development as set
forth in Section 15. 09. 020, 15. 09. 030, and 15. 09. 040.
K Appeal of threshold determination under Title 8 (Environmental Policy) .
I. Granting of variances or other permit decisions, when provided by the Development
Code or other ordinance.
SON COUNTY TITLE 15 — DEVELOPMENT CODE - DECm 2002 NEW TEXT OR &TPJYc9QUT PAGE 7
CHAPTER 15. 5
CONSOLIDATED APPLICATION PROCESS
Sectionso Pages ,
150050010 APPLICATION 8
15 . 05 . 020 PREAPPLICATION ACTIVITIES 8
15 . 05 . 030 CONTENTS OF APPLICATIONS 8
15 . 05 . 040 LETTER OF COMPLETENESS 8
15 . 05 . 010 APPLICATION
A . The County shall consolidate development applications consistent with RCW 36 . 70B and
review in order to integrate the development permit and environmental review process ,
while avoiding duplication of the review processes .
Be All applications for development permits , conditional uses , variances , and other County
approvals under the Development Code shall be submitted on forms provided by the
review authority. All applications shall be acknowledged by the property owner or their
agent .
15. 05 . 020 PREAPPLICATION ACTIVITIES
A. Informal. Applicants for development are encouraged to participate in an informal
discussion prior to the formal preapplication meeting . The purpose of the meeting is to
discuss , in general terms, the proposed development, County development standards , and
required permits and approval process .
Be Formal. Every person proposing a development in the County, with exception of Type I
permits and decisions and some Type H permits and decisions , shall attend a
preapplication meeting. The purpose of the meeting is to discuss the nature of the
proposed development, application and permit requirements , fees , review process and
schedule, applicable plans, policies and regulations . In order to expedite development
review, the County shall invite all affected departments, agencies and/or special districts
to the preapplication meeting, at the discretion of the review authority. -
15. 05 . 030 CONTENT OF APPLICATIONS
A . All applications for approval under Titles 6 , 7 , 8 , 14 , 16 , and other applicable ordinances
shall include the information specified therein. The review authority may require such
additional information as reasonably necessary to fully evaluate the proposal .
Be The applicant shall apply for all permits identified in the preapplication meeting .
15 . 05 . 040 LETTER OF COMPLETENESS OF APPLICATION
A . Within twenty-eight (28 ) days of receiving a date stamped application, the County shall
review the application and as set forth below, provide applicants with a written
determination that the application is complete or incomplete .
MASON COUNTY TITLE 15 - DEVELOPMENT CODE - DEC. 2002 NEW TEXT OR PAGE 8
Be A project application shall be declared complete only when it contains all of the
following materials :
1 . A fully completed, signed, and acknowledged development application and all
applicable review fees .
I A fully completed , signed, and acknowledged environmental checklist for projects
subject to review under the State Environmental Policy Act (Title 8 ) .
3 . The information specified for the desired project in the appropriate chapters of the
Mason County Code and as identified in Section 15 . 05 . 030 .
4 . Any supplemental information or special studies identified by the review
authority.
Co For applications determined to be incomplete, the County shall identify, in writing, the
specific requirements or information necessary to constitute a complete application .
Upon submittal of the additional information, the County shall , within fourteen ( 14) days ,
issue a letter of completeness or identify what additional infonnation is required . f
additional information is requested that is necessary to process a permit request and
such information is not provided to the County within 180 days of the request, the
application shall expire and no further action on the proposed development shall take
place.
D . The County may require any preliminary permits , including but not limited to , special
use permits , shoreline substantial development permits , variances , and reasonable use
exceptions , prior to the submission of an application for a building permit .
MASON COUNTY TITLE 15 — DEVELOPMENT CODE — DECe 2002 NEW TEXT OR &TRWrEGUT PAGE 9
CHAPTER 15. 07
PUBLIC NOTICE U ENTS
Sectioso Pages .
150076010 NOTICE OF DEVELOPMENT APPLICATION 10
150074020 NOTICE OF ADMINISTRATIVE DECISIONS 10
15 . 07 . 030 NOTICE OF PUBLIC MEETINGS AND HEARINGS 10
150070040 NOTICE OF APPEAL HEARINGS 11
15 , 074050 NOTICE OF FINAL DECISION 11
15e07e010 NOTICE OF DEVELOPMENT APPLICATION
A. Within fourteen ( 14) days of issuing a letter of completeness under Chapter 15 . 05 , the
County shall issue a Notice of Development Application for Type III permits and Type H
permits , which are not excluded as provided in section 15 . 03 . 015 of this Title . The notice
shall include, but not be limited to , the following :
l . The name of the applicant .
2 . Date of application .
3 . The date of the letter of completeness .
4 . The location of the project.
5 . A project description .
6 . The requested approvals , actions , and/or required studies .
7 . A public comment period not less than fourteen ( 14) nor more than thirty (30) ,
days .
S . Identification of existing environmental documents .
9 . A County staff contact and phone number.
10 . The date, time, and place of a public meeting, or public hearing if one has been
scheduled.
11 . A statement that the decision on the application will be made within 120 days of
the date of the letter of completeness .
Be The Notice of Development Application shall be posted on the subject property and sent
to adjacent property owners .
The No «,,U of Development Application maybe combined withany required notice of a
public meeting or open record public hearing.
D . The Notice of Development Application may be combined with the threshold
determination and scoping notice for a determination of significance .
15 . 07. 020 NOTICE OF ADMINISTRATIVE DECISIONS
When notice of administrative approvals or denials is required, such notice shall be made as
provided in Section 15 . 07 . 050 .
15 . 07. 030 NOTICE OF PUBLIC MEETINGS AND PUBLIC HEARINGS
Notice of a public meeting or public hearing for all development applications and appeals shall
be given as follows :
MASON COUNTY TITLE 15 - DEVELOPMENT CODE - DECv 2002 NEW TEXT OR PAGE 10
A . Time of Notices : Except as otherwise required, public notification of meetings , and
hearings , and on pending actions shall be made by:
1 . Publication at least ten ( 10) days before the date of a public meeting, hearing, or
pending action in the official newspaper if one has been designated or a
newspaper of general circulation in the County; and
2 . Mailing at least ten ( 10) days before the date of a public meeting, or public
hearing to all adjacent property owners of the boundaries of the property that is
the subject of the meeting or pending action . Addressed, pre-stamped envelopes
shall be provided by the applicant ; and
3 . Posting at least ten ( 10) days before the meeting, hearing, or pending action in one
public place (for example, a post office) and at least two notices on the subject
property.
4 . Provided that, if the notice is for the purpose of an open record pre-decision
hearing, the notice of application shall be provided at least fifteen ( 15 ) days prior
to the open record hearing.
5 . Provided that, if a SEPA threshold determination has been made, that
determination shall be issued at least 15 days prior to the hearing date .
B . Content of Notice : The public notice shall include a general description of the proposed
project, action to be taken, a non- legal description of the property or a vicinity map or
sketch, the time, date and place of the public hearing and the place where further
information may be obtained.
Co Continuations : If for any reason, a meeting or hearing on a pending action cannot be
completed on the date set in the public notice, the meeting or hearing may be continued to
a date certain and no further notice under this section is required.
15 . 07. 040 NOTICE OF APPEAL HEARINGS
In addition to the posting and publication requirements of Section 15 . 07 . 030 , for notice of
appeals of administrative decisions , notice shall be mailed to parties of record from the permit
review.
15 * 07* 050 NOTICE OF FINAL DECISION
A. When a notice is required for a final decision, such notice shall be sent to the applicant,
all parties of record, all parties who requested to be notified, and the County Assessor's -
Office .
B . This notice shall include the statement of threshold determination (RCW 43 . 21 C) ,
information on requesting assessed valuation changes by affected property owners , and
the procedures of administrative appeal, if any.
C . This notice may be combined with the transmittal requirements of other codes , state
statutes , or ordinances , as appropriate .
D . Notice of administrative decisions shall be the responsibility of the issuing county
department . Notice of County Commission final decision on a project permit or an
appeal shall be the responsibility of the County Commissioners Office .
MASON COUNTY TITLE 15 - DEVELOPMENT CODE - DEC. 2002 NEW TEXT OIL &TRWX50UT PAGE 11
CHAPTER 15. 09
REVIEW AND APPROVAL PROCESS
Sections . Page ®
15 . 09 . 010 CONSOLIDATED PERMIT REVIEW 12
15 . 09 . 020 ENVIRONMENTAL REVIEW 12
15 . 09 . 030 TYPE I AND TYPE 11 REVIEW - WITHOUT NOTICE 12
15 . 09 . 040 TYPE II REVIEW - WITH NOTICE 13
15 . 09 . 050 TYPE III REVIEW 13
1 S. 09. 055 TYPE III REVIEW — SHORELINE MASTER PROGRAM 15
159099060 TYPE IV REVIEW 21
15909 . 070 7 NT-Y ('' �1R TA 41SSIO1hMD G ACTION
"TION
HEARING EXAMINER DECISIONS 23
I5 . 09 . 080 PROCEDURES FOR PU43LIC - OPEN RECORD
PUBLIC HEARING BEFORE THE HEARING EXAMINER 24
159090090 REMAND 24
156090100 FINAL DECISION 25
15. 09 . 010 CONSOLIDATED PERMIT REVIEW
When a proposed action involves two or more project permits (for example, a Shoreline
Conditional Use Permit, Mason Environmental Permit, and commercial project review) , the
applicant may choose to have all or a portion of the proposal reviewed under the consolidated
permit review process . When the consolidated permit review is selected, county staff shall
include all project permits under review when issuing the determination of application
completeness , notice of application, notice of one open record public hearing (when needed) , and
notice of final decision. Classification of such review is as provided in 15 . 03 . 015 B , MCC .
15. 09. 020 ENVIRONMENTAL REVIEW
A. Developments and planned actions subject to the provisions of the State Environmental
Policy Act (SEPA) shall be reviewed in accordance with the policies and procedures contained in
Chapter 8 , MCC .
I3 . SEPA reviewshali be conducted concurrently with development project review. The
following are exempt from concurrent review :
1 . Projects categorically exempt from SEPA or for which SEPA has already been
completed.
2 . Components of previously completed planned actions , to the extent permitted by
law and consistent with the EIS for the planned action .
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 .
SON COUNTY TITLE 15 - DEVELOPMENT CODE - DEC. 2002 NEW TEXT OR PAGE 12
3 . Minor amendrl_ _lbts or modifications to approved devel6 , .aents or permits . Minor
amendments are those which may affect the precise dimensions or location of
buildings , accessory structures and driveways , but do not affect : (1 ) overall project
character, (ii) increase the number of lots , dwelling units , or density or (111 )
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
Be The review authority's decisions under this section shall be final on the date issued .
15 . 09 . 040 TYPE II REVIEW one WITH NOTICE
A. After a determination of completeness for an application, after providing a notice of
application, and after the end of the specified comment period , the review authority may
grant approval or approval with conditions , or may deny Type II decisions (such as Short
Subdivisions) , subject to the notice of decision and appeal requirements of this title .
Be Final Administrative Approvals : Approvals under this section shall become effective
subject to the following :
1 . If no appeal is submitted, the approval becomes effective at the expiration of the
14 day appeal period .
2 . If a written notice of appeal is received within the specified time , the matter will
be referred to the Got ty r' ^ ,,, miss; Hearing Examiner as an appeal for an
open record public hearing, and shall not become effective until approved on
appeal or until the appeal contesting an approval is dismissed .
C . Administrative Denials : Denials under this section shall become effective immediately.
D . Notice of the administrative final decision shall be provided in this title, section
15 . 07 . 020 .
15 . 09 . 050 TYPE III REVIEW
After a determination of completeness for an application, Type III permit applications shall be
reviewed as follows :
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n
' 9 regulations and er-iter-ia of the M.a . . .. Sher-eline Master
Pr-egshallbeemphasize in the review, and.
30 a uvlly D„ b. lie notice .,auifeme t^ shall be statedi ! 1 A n\ and Be
MASON COUNTY TITLE 15 - DEVELOPMENT CODE - DEC. 2002 NEW TEXT OR &TPJ PAGE 13
nE'9 Y ; + n nll 1 0 .i J , +L, !' ! .,Y, ,,, , n � ; �. , e, n
r _ . . a . , �- - - ---- - . . � .. W .__r ... ., ....
a,.� a ,: a a ' ^ o^ + ,, ,, � c nn n7n +t, >, 1 c nn 1 nn +l, + • � •• T • +l a +1�
Y
07,o Lau geaZ'+��TJ'yj�TJ[1'�TSLZ'1cr� T�Y'RTiciyj-aaTQT1yV . . . .
vaavaL.
A . Staff Report . The review authority shall prepare a staff report on the proposed
development or action summarizing the comments and recommendations of County
departments , affected agencies and special districts , and evaluating the development0s
consistency with the County' s Development Code, adopted plans and regulations . The
staff report shall include findings , conclusions and proposed recommendations for
disposition of the development application.
B . Public Meeting . The Hearing Examiner shall conduct a public
meeting on development proposals for the purpose of taking testimony, hearing evidence,
considering the facts germane to the proposal , and evaluating the proposal for consistency
with the County' s Development Code, adopted plans and regulations. The meeting shall
identi6r issues upon 3Arhioh the County Commissioners shall hear- at their- deeision making
Notice of the Planning Commissio Hearing Examiner meeting shall be
in accordance with Section 15 . 07 . 030 .
C . Required Review : The Planning Commissio Hearing Examiner shall review a proposed
development according to the following criteria:
1 . The development does not conflict with the Comprehensive Plan and meets the
requirements and intent of the Mason County Code, especially Title 6 , 8 , and 16 .
2 . The development does not impact the public health, safety and welfare and is in
the public interest .
3 . The development does not lower the level of service of transportation
and/or neighborhood park facilities below the minimum standards
established within the Comprehensive Plan. If the development results in
a level of service lower than those set forth in the Comprehensive Plan, the
development may be approved if improvements or strategies to raise the
level of service above the minimum standard are made concurrent with the
development . For the purpose of this section, " concurrent with the
development" is defined as the required improvements or strategies in
place at the time of occupancy, or a financial commitment is in place to
complete the improvements or strategies within six (6) years of approval
of the development.
A.dvisory Commission shall pFepare and adopt a motion setting fefth its fifidifl-gs
of issues to be�v LL in the
publie hearing and pr-omptly fim=vNrar-d it to the
County unt . Co ea • !1 + ' �l b the tifne
lines stated
4 .7
�' Y VVr1U1LLVrLLLiV , as
the r-elevant Title of the Mason Count r Code .
Commissioners shall viuue t t ,l ,1 seetions 9 c nn 070
�.rn..
,
and other- seetions of this Tirflrle;77
SON COUNTY TITLE 15 - DEVELOPMENT CODE — DEC* 2002 NEW TEXT OR PAGE 14
15. 09. 055 TYPE III REVIEW — SHORELINE MASTER PROGRAM
A. Applicability to Substantial Development Any person wishing to undertake
substantial development or exempt development on shorelines shall apply to the Review
Authority for a Substantial Development Permit or a Statement of Exemption .
Whenever a development falls within the exemption criteria outlined below and the
development is subject to a U. S. Army Corps of Engineers Section 10 or Section 404
Permit, the Review Authority shall prepare a Statement of Exemption, and transmit a
copy to the applicant and the Washington State Department of Ecology. The following
exempt developments shall not require a Substantial Development Permit, but may
require a Conditional Use Permit, Variance and/or a Statement of Exemption .
Exemptions shall be construed narrowly. All developments must be consistent with the
Shoreline Master Program and Shoreline Management Act,
1 . Any development of which the total cost or fair market value, whichever is
higher, does not exceed $2, 500 $5, 000, if such development does not
materially interfere with the normal public use of the water or shorelines
of the state.
2. Normal maintenance or the repair of existing structures or developments,
including damage by accident, fire or elements.
3 . Construction of the normal protective bulkhead common to a single family
residence.
4. Emergency construction necessary to protect property from damage by the
elements.
5. Construction and practices normal or necessary for farming, irrigation, and
ranching activities, including agricultural service roads and utilities on
wetlands, and the construction of a barn or similar agricultural structure,
and construction and maintenance of irrigation structures including but
not limited to head gates, pumping facilities, and irrigation channels;
PROVIDED that a feedlot of any size, all processing plants, other
activities of a commercial nature, alteration of the contour of the
shorelands by leveling or filling other than that which results from normal
cultivation, shall not be considered normal or necessary farming or
ranching activities. A feedlot shall be an enclosure or facility used or
capable of being used for feeding livestock hay, grain, silage, or other
livestock feed, but shall not include land for growing crops or vegetation
for livestock feeding and/or grazing, nor shall it include normal livestock
wintering operations.
6. Construction or modification of navigational aids such as channel markers
and anchor buoys.
7. Construction on wetlands by an owner, lessee or contract purchaser of a
single-family residence for his own use or for the use of his family, which
residence does not exceed a height of 35 feet above average grade level
and which meets all requirements of the state agency or local government
MASON COUNTY TITLE 15 — DEVELOPMENT CODE — DECo 2002 NEW TEXT OR &TRIKEOUT PAGE 15
having jurisdiction thereof. "Single-family residence " means a detached
dwelling designed for and occupied by one family including those
structures and developments within a contiguous ownership which are a
normal appurtenance. Interpretations of "normal appurtenances " are set
forth and regulated within the Mason County Shoreline Master Pro ram
Construction authorized under this exemption shall be located landward
of the ordinary high water mark
8. Construction of a dock, including a community dock designed for pleasure
craft only, for the private non-commercial use of the owner, lessee, or
contract purchaser of a single-family residence and multiple-family
residences. A dock is a landing and moorage facility for watercraft and
does not include recreational decks storaze facilities or other
appurtenances,
higher, de q not cxeeed $2y50 This exce tp ion ap lies if either (A in
salt waters, the fair market value of the dock does not exceed five
thousand dollars ($5 000) • or (B) in fresh waters the fair market value of
the dock does not exceed ten thousand dollars ($] 0 000) but ifsubsequent
construction having a fair market value exceeding fve thousand dollars
j$51 000) occurs within five years of completion of the prior construction
the subsequent construction shall be considered a substantial
development. For purposes of this section saltwater shall include the
tidally influenced marine and estuarine water areas of the state including
the Puget Sound and all bays and inlets associated with any of the above
9. Operation, maintenance or construction of canals, waterways, drains,
reservoirs or Other facilities that now exist or are hereafter created or
developed as a part of an irrigation system for the primary purpose of
making use of system waters, including return flow and artificially stored
ground water from the irrigation of lands.
10. The marking of property lines or corners on state owned lands, when such
marking does not significantly interfere with the normal public use of the
surface of the water.
11 . Operation and maintenance of any system of dikes, ditches, drains, or other
facilities existing on September 8, 1975, which were created, developed or
utilized primarily as apart of an agricultural drainage or diking system .
12. Any project with a certification from the governor pursuant to RCW Chapter
80. 50,
13. Site exploration and investigation activities that are prerequisite to
pLeparation .of an application or development authorization under this
chapter, iflo
(i) The activity does not interfere with the normal public use of the
surface waters ;
(ii) The activity will have no significant adverse impact on the
environment including but not limited to fish , wildlife fish or wildliLe
MASON COUNTY TITLE 15 - DEVELOPMENT CODE - DEC. 2002 NEW TEXT OR &TRWvEOUT PAGE 16
habitat, water quality, and aesthetic values ;
(iii) The activity does not involve the installation of any structure and
upon completion of the activity the vegetation and land configuration of
the site are restored to conditions existing before the activity
(iv) A private entity seekin development authorization under this
section arst posts a per bond or provides other evidence of
financial responsibility to the local jurisdiction to ensure that the site is
restored to preexisting conditions ; and
(v) The activity is not subject to the permit requirements ofRCW
90. 58. 550;
14. The process of removing or controllinkquatic noxious weeds as defined in
RCW 17. 26. 020, through the use of an herbicide or other treatment
methods applicable to weed control that are recommended by a final
environmental impact statement published by the department of
a,zriculture or the department of ecology jointly with other state a encies
%rider chapter 43. 2 I C R r W
15. Watershed restoration projects as defined herein . Local government shall
review the projects for consistency with the shoreline master program in
an expeditious manner and shall issue its decision along with any
conditions within orty-five days of receiving all materials necessar;Lto
review the request for exemption from the applicant. No fee may
charged for accepting and processink requests for exemption
watershed restoration projects as used in this section.
(i) " Watershed restoration project " means a public or private project
authorized by the sponsor of a watershed restoration plan that implements
the plan or a part of the plan and consists of one or more of the followiniz
activities :
LA) project that involves less than ten miles ofstreamreach in
which less than twenty-five cubic yards o sand, gravel, or soil is removed
imported, disturbed or discharged, and in which no existing vegetation is
removed except as minimally necessary to facilitate additional planting
(B) A project for the restoration of an eroded or unstable stream
bank that employs the principles of bioengineering including limited use
of ro%k as as t a b ihc ation only at the toe of the bank and with primary
emphasis on using native vegetation to control the erosive forces of
flowing water; or
(C) A project primarily designed to improve fish and wildlife
habitat, remove or reduce impediments to migration offish or enhance
the flishety resource available for use by all of the citizens of the state
provided that any structure, other than a bridge or culvert or instream
habitat enhancement structure associated with the project, is less than two
hundred square feet in door area and is located above the ordinary high
water mark of the stream .
MASON COUNTY TITLE 15 - DEVELOPMENT CODE - DEC. 2002 NEW TEXT OR &TRWvEQUT PAGE 17
(ii) " Watershed restoration plan " means a plan developed or sponsored
by the department offish and wildlife, the department of ecoloe
department of natural resources the department of transportation a
federally recognized Indian tribe acting within and pursuant to its
authority a city a county or a conservation district that provides a
general program and implementation measures or actions for the
preservation , restoration re-creation or enhancement of the natural
resources, character, and ecology of a stream stream segment drainage
area, or watershed for which agency and public review has been
conducted pursuant to chapter 43. 21 C RCW the State Environmental
Policy Act;
16. A public or private project the rimary purpose of which is to improve fish
or wildlife habitat or fish passage when all of the following apply
6) The project has been approved in writing by the department of ash
and wildlife as necessary for the improvement of the habitat or passage
and appropriately designed and site to accomplish the intended purpose '
(ii) The project has received hydraulic fro 'ec1 t approval by the
department offish and wildlife pursuant to chapter 75. 20 RCW' and
(iii) The local government has determined that the project is consistent
with the local shoreline master program The local government shall make
such determination in a timely manner and provide it by letter to the
project proponent.
Before determining that a proposal is exempt, the Review Authority may conduct a site
inspection to ensure that the proposal meets the exemption criteria. The exemption
granted may be conditioned to ensure that the activity is consistent with the Master
Program and the Shoreline Management Act.
Be Applicability to Nonconforming Development. "Nonconforming development "
means a shoreline use or structure which was lawfully constructed or established prior to
the effective date of the Act or the Master Program, or amendments thereto, but which
does not conform to present regulations or standards of the Program or policies of the
Act. Nonconforming developments may continue to be utilized for the same purpose
established on the date of the statute. If a change in use is proposed for such
development, any new use must obtain a permit by applicable regulations; PROVIDED
that a proposed new use for such development that does not conform to Master Program
policies may be considered as a Conditional Use
Normal maintenance and repair of nonconforming developments shall be allowed.
"Normal maintenance " includes those usual acts to prevent a decline, lapse, or cessation
from a lawfully established condition . "Normal repair " means to restore a development
to a state comparable to its original condition within a reasonable time period after
decay or partial destruction except where repair involves total replacement which is not
MASON COUNTY TITLE 15 - DEVELOPMENT CODE - DEC. 2002 NEW TEXT OR PAGE 18
common practice or causes substantial adverse effects to the shoreline resource or
environment WA 1 73-2 7- 040(2) (b)) . A reasonable period of time for repair shall be up
to one year after decay or partial destruction, except for bulkhead replacement which
shall be allowed up to five years. Total replacement which is common practice includes
but is not limited to floats, bulkheads and structures damaged by accidents, fire and the
elements.
This program shall not restrict the reconstruction within two years of the date of damage
of any existing single-family residence which is damaged or destroyed by fire, accident or
the elements, PROVIDED that nonconformance with the standards and regulations of
this program shall not be increased by such reconstruction . Reconstruction of any
development other than single family residences and their appurtenant structures shall
be done in accordance with the requirements for new development.
Expansion of a nonconforming development is prohibited.
Nonconforming development may be continued provided that it is not enlarged,
intensified or increased or altered in any way which increases its nonconformity:
PROVIDED significant environmental damage does not result. Expansion of a
development which is nonconforming by reason ofsubstandard lot dimensions, setback
requirements or lot area, but which is not a nonconforming use may be allowed as a
Variance.
Lots created prior to December 2002 the ad-eption efth. s erdinaHe which do not meet
the minimum lot size may be used for a single family residence without a Variance Permit
PROVIDED both of the following criteria can be met:
a. A permit for on -site sewage disposal system which meets all current codes for
setbacks and sizing, has been granted by the Mason County Health
Services.
b. All side yard and shore yard setbacks can be met.
Residential development on lots which do not meet these bulk, dimensional or
Performance Standards criteria may be allowed as a Variance PROVIDED approval has
been granted by the Mason County Health Services,
C. Criteria for Granting Permits. Upon the December 2002 effective date of this
Program, a Permit or a Statement of Exemption shall be granted only when the proposed
development is consistent with :
1 . Policies and regulations of the Mason County Shoreline Master Program and
applicable policies enumerated in Chapter 90. 58 RCW in regard to
shorelines of the state and of statewide significance; and
2. Regulations adopted by the Department of Ecology pursuant to the Act .
including Chapter 173-27 WAC.
MASON COUNTY TITLE 15 — DEVELOPMENT CODE — DECa 2002 NEW TEXT OR STPJKEOU PAGE 19
The burden of proving that the proposed development is consistent with these criteria
shall be on the applicant.
D. Fees. A filing fee in an amount established by the Board of County Commissioners
shall be paid to the Department of Community Development at the time of application .
E. Permit Application . The Review Authority shall provide the necessary application
forms for the Substantial Development Permits, Conditional Use Permit and Variance
Permit. In addition to the information requested on the application, the applicant shall
provide, at a minimum, the following information :
1 . SITE PLAN - drawn to scale and including:
a. site boundary;
b. property dimensions in vicinity ofproject;
c* ordinary high water mark;
d. ypiCui l t oss Se"Ift or 0 uti into 31tuyvirLg.
1) existing ground elevation ; 2) proposed ground elevation ,
3) height of existing structures; 4) height of proposed structures;
e. where appropriate, proposed land contours using five foot intervals in
water area and ten foot intervals on areas landward of ordinary
high water mark, if development involves grading, cutting, filling,
or other alteration of land contours;
f. dimensions and location of existing structures which will be
maintained;
g. dimensions and locations of proposed structures; parking and
landscaping;
h . identify source, composition, and volume of fill material,
i. identify composition and volume of any extracted materials, and
proposed disposal area;
j. location ofproposed utilities, such as sewer, septic tanks and drain
fields, water, gas and electricity;
k. if the development proposes septic tanks, does proposed development
comply with local and state health regulations ?
1. Shoreline designation according to Shoreline Vaster Program,
m . Show which areas are shorelines and which are shorelines of
statewide significance.
2. VICINITY MAP
a , indicate site location using natural points of reference (roads, state
highways, prominent landmarks, etc.) .
b. if the development involves the removal of any soils by dredging or
otherwise, identify the proposed disposal site on the map. If
disposal site is beyond the confines of the vicinity map, provide
another vicinity map showing the precise location of the disposal
MASON COUNTY TITLE 15 - DEVELOPMENT CODE - DEC. 2002 NEW TEXT OIL &TRH4RGUT PAGE 20
site and its distance to nearest city or town .
c. give brief narrative description of the general nature of the
improvements and land use within 1 , 000 feet in all directions from
development site.
3. ADJACENT LANDOWNERS. Provide names and addresses of all real
property owners within 300 feet of property where development is
proposed. When adjacent property widths exceed 100 feet, at least three
(3) adjacent property owners ' names and addresses shall be provided.
Completed application and documents shall be submitted to the Review Authority for
processing and review. Any deficiencies in the application or documents shall be
corrected by the applicant prior to further processing.
E Permit Process. When a complete application and associated information have
been received by the Review Authority, the Review Authority shall mail notice of
proposed project to all property owners named on the list as supplied by the applicant,
and shall post notice in a conspicuous manner on the property upon which the project is
to be constructed. The Review Authority shall also be responsible for delivering legal
notice to the newspaper, to be published at least once a week on the same day of the week
for two consecutive weeks in a newspaper ofgeneral circulation within the area in which
the development is proposed. Advertising costs will be the responsibility of the applicant.
The Review Authority shall schedule a public hearing before the Hearing Examiner in the
case of a Conditional Use Permit, Variance Permit, or a Substantial Development
Permit. For the purpose of scheduling a public hearing, the date of submittal of a
complete application shall be considered the date of application . The minimum
allowable time required from the date of application to Hearing Examiner hearing date
shall be 45 days. Any interested person may submit his written views upon the
application to the County within 30 days of application or notes the County of his desire
to receive a copy of the action taken upon the application . All persons who so submit
their views shall be notified in a timely manner of the action taken upon the application .
1 . Application Review. The Hearing Examiner
Gemmission and Review Authority shall make recommendations and
decisions regarding permits, based upon :
a. Tlae policies and procedures of the Act;
b. The Shoreline Master Program for Mason County, as amended.
2. Review by the Hearing Examiner
a. Upon receipt of the recommendation from the Review Authority, the
Hearing Examiner shall either approve, conditionally approve,
deny the application, or postpone for further information .
b. The Hearing Examiner shall review the permit application at the first
regularly scheduled public meeting of the Board following the
expiration of the 304ay period required in Section 15. 09. 055 F.
C. The Hearing Examiner shall review the application and make
MASON COUNTY TITLE 15 - DEVELOPMENT CODE - DEC. 2002 NEW TEXT OR PAGE 21
decisions regarding permits based upon :
1) The Shoreline Master Program for Mason County;
2) Policies and Procedures of Chapter 90. 58 RCW, the Shoreline
Management Act;
3) Written and oral comments from interested persons,
4) The comments and findings of the Review Authority.
d. A written notice of the public meeting, at which the Hearing Examiner
considers the application, shall be mailed or delivered to the
applicant a minimum of five days prior to hearing.
e. The decisions of the Hearing Examiner shall be the final decision of
the County on all applications and the Hearing Examiner shall
render a written decision including findings, conclusions, and a
final order, and transmit copies of the decision within five days of
the Hearing Examiner 's final decision to the following:
1) The applicant.
?) The Department of Ecology.
3) Washington Attorney General.
3 . Appeal to the Board of County Commissioners. Appeal of Hearing
Examiner decisions on proposed development covered by the Shoreline
Master Program shall follow the standards of Section 15. 11 . 020.
4. Washington State Department of Ecolog y Review. Development pursuant to a
Substantial Development Permit, Conditional Use or Variance shall not
begin and is not authorized until 30 21 days from the date the Bed
Review Authority fides the appmove permit decision with the Department
of Ecology and the Attorney General, in the case of a Substantial
Development Permit, or up to 60 days in the case of Variance or
Conditional Use Permit PROVIDED all review and appeal proceedings
initiated within 3.0 21 days of the date of such filing of a Substantial
Development Permit or -30 21 days of final approval by the Washington
State Department of Ecology for a Conditional Use Permit or Variance
have been terminated.
5. Time Limit, or Action . No permit or exemption authorizing construction shall
extend for a term Of more than five year s. J aCtua^l COristY"clCliOn Of u^
development for which a permit has been granted has not begun within
two years after the approval, the Bead Hearing Examiner (or Review
Authority, in the case of an exemption) shall, review the permit and upon a
showing of good cause, may extend the initial two year period by permit
for one year. Otherwise the permit terminates; PROVIDED, that no
permit shall be extended unless the applicant has requested such review
and extension before the Hearing Examiner prior to Me lastmeeting ef the Board eeming bo�'6� the
date.
MASON COUNT' TITLE 15 — DEVELOPMENT CODE — DECe 2002 NEW TEXT OR PAGE 22
G.
Appeal to State Shorelines Hearings Board. Any person aggrieved by the granting,
denying, rescission or modification of a Shoreline Permit may seek review from the State
Shoreline Hearings Board by filing an original and one copy of request for the same with the
Hearings Board within 39 21 days of receipt of the final decision by the Hearing Examiner or
Board of Commissioners. Said request shall be in the form required by the rules for practice and
procedure before the State Shoreline Hearings Board. Concurrent with the filing of request for
review with the Hearings Board, the person seeking review shall file a copy of the request for
review with the Department of Ecology, the Attorney General and the Hearing Examiner. State
Shore ne -e '� '. Hearing Board regulations are contained in Chapter 461 - 08 WAC.
H. Permit Revisions/Rescission . A person operating under a current Shoreline Permit may
apply to the Review Authority for modification to the permit, or the Hearing Examiner Beard or
Review Authority may rescind a permit if there is evidence of noncompliance with the existing
permit. In either case, the following procedure shall apply:
a. The Review Authority shall determine if the revision is within the scope and intent of
the original permit set forth under WAC 1 73-2 74 00, as amended.
b. ✓said revision is determined to be outside the scope and intent of the original permit,
a new and complete permit application shall be made in compliance with the Act
and this Program .
C. If said revision is determined to be within the scope and intent of the original permit,
the Hearing Examiner Beard may approve the revision . The revised permit shall
become effective immediately. The approved revision along with copies of the
revised site plan and text, shall be submitted by certified mail to the Department
of Ecology Regional Office, the Attorney General, and to persons who have
previously notified the County relative to the original application .
If the revision to the original permit involves a Conditional Use or variance
which was conditioned by the Department of Ecology, local government shall
submit the revision to the Department of Ecology for the WDOE 's approval,
approval with conditions, or denial. The revision shall indicate that it is being
submitted under the requirements of WAC 1 73-2 74 00(6). The WDOE shall
render and transmit to local government and the applicant its final decision
within 15 days of the date of the department 's receipt of the submittal from local
government. Local government shall notify the parties of record of the
department 's final decision . The revised permit is effective immediately upon
final action by local government, or, when appropriate under TTIAC 173=2
100(7).
d. Appeals shall be in accordance with RCW 90. 58. 180 and shall be filed within 2130
days from receipt of local action by WDOE or, when appropriate under
subsection (c) of this section, the date the WDOE 's final decision is transmitted to
local government and the applicant. The party seeking review shall have the
burden ofproving the revision granted was not within the scope and intent of the
original permit.
e. If the Review Authority or Hearing Examiner Beard determines that there exists
noncompliance with a shoreline permit and/or any conditions attached thereto or
any revisions and modifications, then the Review Authority or Hearing Examiner
Bea shall issue notice of noncompliance to the permittee and to parties of
record and move to rescind the shoreline permit after a hearing.
MASON COUNTY TITLE 15 - DEVELOPMENT CODE - DEC, 2002 NEW TEXT OR &TRIKEOUT PAGE 23
15m09 ® 060 'TYPE IV DECISION REVIEW
A . The process for amending the Mason County Comprehensive Plan and implementing
development regulations (hereinafter annual amendment process ) shall follow the steps
below . Generally, the county will consider both the plan and regulation amendments
together, and it will consider them only one time each year.
1 . Publish notice of the deadline for proposed plan or development regulation
amendment which will be placed on the docket for consideration . Amendments
must be considered at least annually. Comprehensive plan amendments can not
be adopted more than once a year.
2 . The Department of Community Development (DCD) prepares a Comprehensive
Plan Amendment Report for presentation to the Planning Advisory Commission .
The report will include all proposals received, the initial analysis and cumulative
impact review, and the initial SEPA determination .
3 . The County transmits the proposals to the State Office of Community
Development and other state agencies .
4 . After presentation of the report to the Planning Advisory Commission, the
Commission schedules a public hearing and may schedule workshops . (In the case
of amendments of special interest to one part of the county, a workshop or hearing
should be scheduled in that area. ) The public hearing should be not less than 60
days after the official transmittal is provided to the state.
5 . The DCD , acting for the Commission, releases public notice of workshops and
hearings .
6 . Planning Advisory Commission holds public hearing and optional workshops , and
formulate and transmit its findings and recommendations to the Board of
Commissioners .
7 . The Board schedules and releases notice of public hearings and workshops as
desired .
8 . Workshops and public hearings held by the Board of Commissioners .
9 . The Board meets to consider and take appropriate action on the amendments .
10 . Any resulting amendments are transmitted to the State Office of Community
Development and other state agencies , and public notice of adoption is published.
ions tW the annual amendment process . Ln some Cases a7inendiinents can be made to
B . Except
the Comprehensive Plan outside of the annual amendment process described herein :
1 . When an emergency exists , the annual amendment process will not be followed .
The process for the planning review is established in RCW 36 . 70A . 390 . The
review process for SEPA (WAC 197 - 11 - 880) has already been adopted by the
county in Ordinance 99 - 84 , section 9 . 1 .
2 . When the amendments are intended to resolve an appeal to the Growth
Management Hearings Board, then the amendment is not limited to one time a
year and will need to be abbreviated because the time allowed in Hearings Board
cases is very limited . The process will be adjusted as necessary within the
constraints of the Growth Management Act and SEPA.
3 . The initial adoption of a sub -area plan is not required to be part of the annual
amendment process and is not limited to once per year. The process will be the
MASON COUNTY 'TITLE 15 - DEVELOPMENT CODE — DECe 2002 MEW TEXT OR &TPdKEQUT PAGE 24
same as required for the annual plan amendment, except that the first step will be
as follows :
1 . Establish a sub -area committee or a series of sub - area workshops . Public
notice will be published of the workshops or meetings of the committee in
order to encourage public participation and comment .
4 . The adoption of a shoreline master program amendment shall not follow the
annual amendment process , but shall be done under the procedures of Chapter
90 . 58 RCW
5 . The amendment of the capital facilities element of a comprehensive plan that
occurs concurrently with the adoption or amendment of a county budget .
6 . Amendments can be made more than once a year if they are restricted to changes
in the development regulations consistent with the existing comprehensive plan.
The process for amendment is the same as specified for the annual amendment
process .
15 . 09 . 070 COUNTY COMMISSIONERS ACTIONS
Shoreline AdNrisoFy 9
Commissioner-s or- notioe of any-other- matter Geuilty
attefition, the County Commissioners shall hold an open r-eeerd publie.
]tauLn and 1
LLa� u.0 make iv u. eeTTi012-on the o1T1V"VVZ22gZZrUCCV -iT
ie Make a deeision on a Shoreline Advisoi:y Board or- Plaming Advise
Ll . Appeal A Ynpeul a nl of ad str-at ye inter,. + n + '
iv Appeal of determinations of s ; fte
(l+l»r matters not .,l ibite .1 by lay. r.
Y V L11V1 111LLLl.L
shall,
7
fallowing an open reee.fd publie hearing and shall inelude o
of the
11 • Anprove as nd
•
11 . •
iii .. �^ ' , with of without-the ap"pii^cairtns-Evircccrrcrrc , pr-evided that the
modifiea4ions do not :
ao unereaso the density er prvY^ , building
,+ • V1b1LLalV u.i1t., .Lava -ease LLLLY VLUV V11 Y111 V11111LZa
Laeieria
3vr * Deny with prejudiee (r-eapplieation or r-e submittal is not allowed f(3F one
year)-.
ar)
with Seetion 15 . 09 . 090 .
v
deeisian folio i r-eeer-d appeal hearing shall
LalvitLl.iV v<Lv Va L11V avrav a®11r�zLcitilvliT:
' 9
u . vaLcalL call. ,
MASON COUNTY 'TITLE 15 — DEVELOPMENT CODE — DEC* 2002 NEW TEXT OR &TPJKEQUT PAGE 25
appeal,the
lin whole or- in pai:t,
, .; tt1 Seetio 1 c :nn , 090
., , .via �� �
159 09* 070 HEARINGEXAMINER DECISIONS
The Hearing Examiner shall make his or her decision following an open record public hearing
and shall include one of the following actions .
i. Approve.
ii. Approve with conditions.
iii. Deny (reapplication or resubmittal is permitted) .
iv. Deny with prejudice (reapplication or resubmittal is not allowed for one year) .
v. Remand for further proceedings and/or evidentiary hearing in accordance with Section
154 09, 090,
15s09e080 PROCEDURES FOR OPEN RECORD PUBLIC
BOARD OF COUNTY COMMISSIONERS
shall sei=ve to er-eate or- suppletnent an e3videntiafy reeer-d upon whieh the bedy will base its
deeisioir-izl' e Board-off--County Gonimissionefs C1-, shall open the b ' hearing4
r. nl ob re 1, e f 11 „ �
general,
e � t rb .�va� uV F t
presentation,A * Staff
hen .-. g body r7 1 questions L,Ft staff-.
ineluding submittal of any materials , Nlember-s of the hearing
7
body may ask questions of the applieant�.
staff of! the appliemit shall be rvUeLL by the Chair- at its diserzetieii�.
cloiiLL�Le the matter- b fere t
The hearing body shall present a wr-44en statemen4 of findiiigs and eonelusian&itpen
issuing its ,1
a � v uiilb 1lU LLVtiliJIVCr
15* 099 080 PROCEDURES FOR OPENRECORD PUBLIC HEARINGS BEFORE THE
HEARING IE A1L'HAER
Public hearings shall be conducted in accordance with the Hearing Examiner 's rules of
procedure and shall serve to create or supplement an evidentiary record upon which the decision
will be based. The Hearing Examiner shall open the public hearing and, in general, observe the
following sequence of events :
A . Staff presentation, including submittal of any administrative reports. The Hearing
Examiner may ask questions of the staff.
B. Applicant presentation, including submittal of any materials. The Hearing Examiner
may ask questions of the applicant.
C. Testimony or comments by the public germane to the matter. Questions directed to the
staff or the applicant shall be posed by the Hearing Examiner at his or her discretion .
D. Rebuttal, response or clarifying statements by the staff and the applicant.
E. The evidentiary portion of the public hearing shall be closed.
SON COUNTY TITLE 15 - DEVELOPMENT CODE — DEC* 2002 NEW TEXT OR &TRWcBQUT PAGE 26
F: The Hearing Examiner shall present a written statement of findings and conclusions upon
issuing its decision , which shall be rendered within 10 working days of the hearing.
H. The Hearing Examiner shall have the authority to hear motions for reconsideration of his
or her decision .
15 . 09. 090 REMAND
In the event the Hearing Examiner determines that the public hearing
record or record on appeal is insufficient or otherwise flawed , the Hearing Examiner
Cenunissiexers may remand the matter back to the hearing body or administrative department to
correct the deficiencies . The Hearing Examiner Commission shall specify the items or issues
to be considered, the time frame for completing the additional work, and the date of the
continuation of the open record public hearing .
15 . 09 . 100 FINAL DECISION
A . Time. The final decision on a development proposal shall be made within 120 days from
the date of the letter of completeness . The days pending the effectiveness of an
administrative approval per section 15 . 09 . 040 , MCC , are also within the 120 days .
Exceptions to the 120 day requirement include :
1 . If the project permit requires an amendment to the Comprehensive Plan or a
development regulation .
2 . Any time required to correct plans , perform studies or provide additional
information, provided that within 14 days of receiving the requested additional
information, the Review Authority shall determine whether the information is
adequate to resume the project review .
3 . Substantial project revisions made or requested by an applicant, in which case the
120 days will be calculated from the time that the County deters Ines the revised
application to be complete .
4 . All time required for the administrative appeal of a Determination of Significance
or an appeal of an administrative decision.
5 . All time required for the preparation and review of an environmental impact
statement, as agreed upon by the County and the applicant.
6 . Projects involving the siting of an essential public facility.
7 . An extension of time mutually agreed upon by the County and the applicant .
8 . All time required to obtain a variance .
° . Any remand to the hearing body.
B . Effective Date. The final decision of the Hearing Examiner County Genhaissioners
shall be effective on the date stated in the decision, mot=a�-motion , d
provided that the date from which appeal periods shall be calculated shall be the date the
Hearing Examiner issues the decision . Count r ^ m 4ion on the
M060n. Feselution, or or-dinaneem
MASON COUNTY TITLE 15 - DEVELOPMENT CODE - DEC, 2002 NEW TEXT OR &TRWv9QUT PAGE 27
CHAPTER 15 , 11
APPEALS
Sections . Pages
150116010 APPEAL OF ADMINISTRATIVE INTERPRETATIONS AND
DECISIONS 26
15 . 11 . 020 APPEAL TO THE HEARING EXAMINER OR COUNTY
COMMISSIONERS 26
15 . 11 . 030 APPEAL TO STATE REVIEW BOARDS 27
156119040 JUDICIAL APPEAL 27
15 . 11 . 01O APPEAL OF ADMINISTRATIVE INTERPRETATIONS AND DECISIONS
A. Administrative interpretations and administrative decisions may be appealed , by
applicants or parties of record, to the following hearing body, based upon the relevant
code or ordinance as follows :
Hearing Examiner : Title 6 (Sanitary Code) and other regulations listed in part 1 of
section 15 . Q3 . QQ5 , Titles 7 (Shoreline 1!laster Program), 8 (Environmental Policy and
Resource), Title 14 (Construction) , 16 (Subdivision), and the Development Regulations,
provided that appeals of the Building Official ' s notice and order shall be in accordance
with section 401 of the Uniform Code of Abatement (hereafter section 401 ) and, ex-eept
that the app shall be to the Hearing Examiner as specified in this chapter.
County Commissioners : Appeals of Hearing Examiner permit decisions, not including:
enforcement decisions; decisions on appeal of the Building Official on the interpretation
and application of the Building Code; decisions on appeal of the Fire Marshal on the
interpretation and application of the Fire Code Title 7 (Sha l Master-aster- Pregfam) an
Titles
th.
Examiner- t appealable to tL. County C
B . The appeal shall be considered and decided within ninety (90) days of receipt of a date
stamped application, provided that the parties to an appeal may agree to extend these time
periods , and provided that a shorter time period is not specified in the applicable code or
regulation.
15A L020 APPEAL TO THE HEARING EXAMINER OR COUNTY
COMMISSIONERS
A. Filing. Every appeal to the Hearing Examiner or County Commissioners shall be filed
with the Clerk of the Board within fourteen ( 14) days after the date of the decision being
appealed. The date of the decision and the date from which appeal periods shall be
calculated shall be the date on which the written action was either mailed or transmitted
by hand, whichever is done and whichever is earliest, to all parties for which transmittal
is required for said action . This appeal period shall replace all other previously adopted
appeal periods specified in the applicable ordinances .
B . Contents . The application of appeal shall contain a concise statement identifying :
1 . The decision being appealed.
2 . The name and address of the appellant and his/her interest(s) in the matter.
3 . The specific reasons why the appellant believes the decision to be wrong. The
appellant shall bear the burden of proving the decision was wrong .
SON COUNTY TITLE 15 - DEVELOPMENT CODE - DEC. 2002 NEW TEXT OR PAGE 2S
4 . The desired outcome or changes to the decision .
5 . The appeals fee as provided for in the applicable ordinance .
C . Procedure . The appeal to the Board of County Commissioners shall be held asT%q-
during a closed record public meeting-
4- -0�-040 . An appeal before the Hearing Examiner shall be by procedures established by
the Hearing Examiner consistent with RCW 36 . 70B .
15 . 11 . 030 APPEAL TO STATE REVIEW BOARDS
The appeal of the final decision of the Hearing Examiner or County Commissioners may be filed
to the appropriate state review board and is subject to the appeal processes of the review board
(notification, review , hearing, and decision) . The State Environmental Hearings Office processes
appeals of shoreline permits , conditional uses , and variances ; the State Department of Health
processes appeals of public health and air-water quality issues .
15911e040 JUDICIAL APPEAL
A . Appeals from the final decision of the County Commissioners or Hearing Examiner
involving those codes and ordinances to which this title applies , and for which all other
appeals specifically authorized have been timely exhausted, shall be made to Mason
County Superior Court within twenty-one (21 ) days of the date the decision or action
became final, unless preempted by state law .
B . Notice of the appeal and any other pleadings required to be filed with the court shall be
served on the Clerk of the Board of County Commissioners and Prosecuting Attorney
within the applicable time period . This requirement is jurisdictional .
C . The cost of transcribing and preparing all records ordered certified by the court or desired
by the appellant for such appeal shall be borne by the appellant .
SON COUNTY TITLE 15 - DEVELOPMENT CODE - DEC, 2002 NEW TEXT OR 944UKEGUT PAGE 29
CHAPTER 15. 13
ENFORCEMENT
Sections : Pages ®
15 . 13 . 005 SEVERABILITY 28
15 . 13 . 010 ENFORCING OFFICIAL; AUTHORITY 28
15 . 13 . 020 PENALTY 28
15 . 13 . 030 APPLICATION 29
15913 . 035 WARNING NOTICE 30
15013 . 040 NOTICE OF CIVIL VIOLATION 30
15 . 13 . 045 HEARING BEFORE THE HEARING EXAMINER 30
15 . 13 . 050 CIVIL FINES 32
3 . 055 COST RECOVERY
J3
15 . 13 . 060 REVIEW OF APPROVED PERMITS 34
15 . 13 . 070 REVOCA T ION OR MODIFICATION OF PERMITS AND
APPROVALS 34
15J1005 SEVERABILITY
This Ordinance shall be governed by the laws of the State of Washington . In the event that any
portion or section of this Ordinance be declared invalid or unconstitutional by a court of
competent jurisdiction, the remainder of the Ordinance shall not be affected and shall remain in
full force and effect.
15. 13 . 010 ENFORCING OFFICIAL ; AUTHORITY
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 .
15. 11020 PENALTY
A. Non-conforming 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
15 . 03 . 005 , in this Title . Structures or activities 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 as well as the Hearing
Examiner process .
B . Compliance with the requirements of those codes and regulations listed under MCC
15 . 03 . 005 shall be mandatory, and violations of those codes are within the purview of this
Chapter.
MASON COUNTY TITLE 15 — DEVELOPMENT CODE — DECo 2002 NEW TEXT OR &TRWcEQUT PAGE 30
B. 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, and failure 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 .
C. 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 Title 15 . 03 . 005 . The enforcement officer may issue a civil infraction ticket of up to
$ 250 for the first violation and up to $ 500 for the second and subsequent violations .
Second and subsequent violations refer to any violation of any provision of Title
i s n3 005 a + f" tb f t 1 �; n 1 + > ' 1 1 J . VJ . VVJ wiLhiil LvVv years Of" the 110L vivlaL1V11. L3 J1V1aLV1 10 11 Vile whV Vw110 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 .
MUM 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 Court may, upon the County 's request, deny authorization of any permit or
development approval on said property for a period up to ten (10) years from the date of
unauthorized clearing or grading. While a case is pending in Court, the County shall not
authorize or grant any permit or approval of development on said property.
SON COUNTY TITLE 15 - DEVELOPMENT CODE - DEC, 2002 NEW TEXT OR PAGE 31
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
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 20 days
of the postmark, posting on site, or delivery of the notice
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 violation 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 :
l . 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 . 045 .
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 .
15. 13 . 045 HEARING BEFORE THE HEARING EXAMINER
A . A person to whom a notice of a civil violation is issued will be scheduled to appear
before the Hearings Examiner after the notice of civil violation is issued . Extensions may
be granted at the discretion of the appropriate Review Authority.
MASON COUNTY TITLE 15 — DEVELOPMENT CODE — DECo 2002 NEW TEXT OR &TRWvEQUT PAGE 32
Be Correction of Violation . The hearing will be canceled if the applicable Review Authority
determines that the required corrective action has been completed or is on schedule for
completion as set by the Review Authority at least 48 hours prior to the scheduled
hearing .
Co Procedure . The Hearings Examiner shall conduct a hearing on the civil violation pursuant
to the rules of procedure of the Hearings Examiner. The applicable Review Authority and
the person to whom the notice of civil violation was directed may participate as parties in
the hearing and each party may call witnesses . The county shall have the burden of proof
to demonstrate by a preponderance of evidence that a violation has occurred or
imminently may occur and that the required corrective action will correct the violation . A
Hearing Examiner ' s order may prohibit future action, and violations of that order may
lead to penalties under this ordinance . The determination of the applicable Review
Authority shall be accorded substantial weight by the Hearings Examiner in determining
the reasonableness of the required corrective action .
D . Decisions of the Hearings Examiner.
1 . The Hearing Examiner shall deteljiline whether the county has established by a
preponderance of the evidence that a violation has occurred and that the required
correction will correct the violations and shall affirm, vacate, or modify the
county' s decisions regarding the alleged violation and/or the required corrective
action, with or without written conditions .
2 . The Hearing Examiner shall issue an order to the person responsible for the
violation which contains the following information :
a. The decision regarding the alleged violation including findings of fact and
conclusions based thereon in support of the decision ;
b . The required corrective action;
c . The date and time by which 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 shall be in accordance with the civil
fine in Section 15 . 13 . 050 .
a. The Hearing Examiner shall have the following options in assessing civil
fines :
i . Assess was issued and thereafter; or
ii . Assess civil fines beginning on the correction date set by the
applicable Review Authority or alternate correction date set by the
Hearings Examiner and thereafter; or
iii . Assess less than the established civil fine set forth in Section
15 . 13 . 050 based on the criteria of subsection (D) (3 ) (b) of this
section; or
IV * Assess no civil fines .
b . In determining the civil fine assessment, the Hearing Examiner shall
consider the following factors :
i . Whether the person responded to staff attempts to contact the
person and cooperated with efforts to correct the violation ;
iia Whether the person failed to appear at the hearing
MASON COUNTY 'TITLE 15 - DEVELOPMENT CODE - DEC. 2002 NEW TEXT OR PAGE 33
Whether the violation was a repeat violation or if the person has
previously violated the applicable codes , regulations, and
ordinances ;
IV , Whether the person showed due diligence and/or substantial
progress in correcting the violation ;
v . Whether a genuine code interpretation issue exists ; and
Vie Any other relevant factors .
c . The Hearing Examiner may double the civil fine schedule if the violation
was a repeat violation or the person has previous violations of the
applicable codes , regulations , or ordinances . In determining the amount of
the civil fine for repeat violations the Hearing 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 Review
Authority shall send by first class mail and by certified mail return receipt
requested a copy of the decision to the person to whom the notice of a civil
violation was issued. The decision of the Hearing Examiner shall be rendered
within 10 working days of the hearing.
E . Failure to Appear. If the person to whom the notice of civil violation was issued fails to
appear at the scheduled hearing, the Hearing Examiner will enter a default order with
findings pursuant to 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 civil fine from that person .
F. Appeal to Superior Court . See Section 15 . 11 . 040 Judicial Appeal
15. 13 . 050 CiYti, 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 .
Be Amount. The civil fine assessed shall not exceed one thousand dollars ($ 1 , 000 . 00) for
each violation, except where the hearings examiner is authorized under this ordinance 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 Examiner, and shall be
effective when served or posted as set forth in 150 4 A O(B ) .
D . Collection .
l . Civil fines shall be immediately due and payable upon issuance and receipt of
order of the Hearings Examiner. 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
I
ssuance of a final decision .
3 . If a fine remains unpaid 30 days after it becomes due and payable, the review
authority may take actions necessary to recover the fine . Civil fines shall be paid
I
nto the County's general fund unless otherwise provided by ordinance . The
review authority, in its discretion, may determine that assessments in amounts of
$ 500 . 00 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
MASON COUNTY TITLE 15 - DEVELOPMENT CODE - DEC. 2002 NEW TEXT OR &TRWQ� PAGE 3
RCW 84 . 56 . 020 . Such an account in good standing shall not be considered as
delinquent unpaid fines as provided in (D4) in this section .
4 . Unpaid fines shall be assessed against the property and be recorded on the
assessment role, 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 existing 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 . Aii Siicii assessments remaining unpaid after 30 days frcm the date ofrecordir�g ors 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 . Not withstanding 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 County Commissioners make a written request to the
Treasurer ' s Office to commence the process.
15. 11055 COST RECOVERY
A . Authority. Not withstanding any other code provision, aperson who violates any
provision of any code or regulation under MCC 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
$ 52 . 30 per hour for any employee of Mason County, except that department heads and
managers , elected officials , and deputy prosecutor time shall be $ 75 . 00 per hour. For
every year after 2002 , the rate may be adjusted according to the Consumer Price Index .
Be 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 Title 15 . 03 . 005 . The Review Authority may request costs be ordered by the
Hearings Examiner. The Hearing Examiner may order costs.
See
MASON COUNTY TITLE 15 - DEVELOPMENT CODE - DEC. 2002 NEW TEXT OR PAGE 35
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 15 . 13 . 050 (D) through (H)
inclusive .
E . Civil fines and funds collected shall be deposited as provided in the respective county
regulation or, if no other provision is made, shall be deposited in the general fund of the
county. However, departmental directors may, in their discretion, direct that costs be
placed in a special abatement fund . If the director decides to close the fund, the
remaining fund balance shall revert back to the general fund .
15J1060 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 .
Be Review Authority Investigation : Upon receipt of information 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; and/or
2 . Issue a notice of civil violation and/or civil fine and/or recommend revocation or
modification of the permit or approval ; and/or
3 . Refer the matter to the County Prosecutor; and/or
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.
15. 13 . 070 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 (Sec . 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 .
Be Building Permits . The Building Official , not the Hearing Examiner has the authority to
revoke or modify building permits .
C . 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 ,
MASON COUNTY TITLE 15 - DEVELOPMENT CORE - DEC. 2002 NEW TEXT OR &TRWvF9QUT PACE 36
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MASON COUNTY TITLE 15 — DEVELOPMENT CODE — DEC. 2002 NEW TEXT OR PAGE 37