019-24 - Ordinance - Amendments to Title 20Docusign Envelope ID: A6FE889D-CD1 C-45AF-964C-41 B61 FE6E3A0
ORDINANCE NO. 019-24
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON,
RELATING TO PROJECT PERMIT PROCEDURES AND TIMELINES;
AMENDING SECTIONS 20.20.020(3), 20.22.030(5), 20.22.040(6),
20.22.050(6)(a), 20.22.060(6), 20.24.010(3), 20.24.040, 20.24.060(1),
20.24.060(5), 20.24.070(1), 20.24.110, 20.25.010(2), 20.50.060,
20.86.100, 20.88.060, 20.88.080(5), 20.96.080, 20.127.310,
20.132.050(5), AND 20.200.005 OF THE PORT ORCHARD MUNICIPAL
CODE; PROVIDING FOR PUBLICATION; AND SETTING AN EFFECTIVE
DATE.
WHEREAS, the City of Port Orchard is a code city operating under Title 35A RCW,
among other laws; and
WHEREAS, in Title 20 of the Port Orchard Municipal Code, the City Council has
established the City's development regulations, which include procedures and timelines
for the review and processing of project permits, in accordance with Chapter 36.7013 RCW;
and
WHEREAS, in 2023, the Washington State legislature enacted SSSB 5290, which
amends certain provisions in Chapter 36.7013 RCW relating to the review and processing of
project permit applications, including the timelines for issuing decisions on project
permits, and these amendments will take effect on January 1, 2025; and
WHEREAS, the City has determined that it is necessary to amend the provisions of
Title 20 of the Port Orchard Municipal Code as stated in this Ordinance, to make the City
Code consistent with Chapter 36.7013 RCW, as amended by SSSB 5290; and
WHEREAS, SSSB 5290 included a provision for partial permit fee refunds but
provided a menu of options that a city could choose to implement to avoid being subject
to the payment of partial refunds; and
WHEREAS, the City Council wishes to document that it has selected three options
from the menu found in RCW 36.7013.080 (1) (1) (ii) including:
(d) maintaining and budgeting on -call permitting staff and resources,
(e) having new positions budgeted that are contingent on increased permit
revenues, and
(g) adopting development regulations which make preapplication meetings
optional; and
WHEREAS, on October 15, 2024, the City issued a Notice of Public Hearing for the
proposed amendments to POMC 20.20, 20.22, 20.24, 20.25, 20.50, 20.86, 20.88, 20.96,
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20.127, 20.132, and 20.200, which was published and provided to the public in
accordance with POMC 20.25.050; and
WHEREAS, on October 16, 2024, the City's SEPA official issued a determination of
nonsignificance for the proposed amendment, which was published and provided to the
public in accordance with POMC 20.160.190 and WAC 197-11-510, and there have been
no appeals; and
WHEREAS, this Ordinance was submitted to the Department of Commerce for 15-
day expedited review October 16, 2024 which was granted by Commerce and the
requisite time has now passed to allow this ordinance to be adopted; and
WHEREAS, the Planning Commission conducted a public hearing on the substance
of this Ordinance on October 29, 2024 and recommended adoption by the City Council;
and
WHEREAS, the City Council, after careful consideration of the recommendation
from the Planning Commission, all public comment, and the Ordinance, finds that this
Ordinance is consistent with the City's Comprehensive Plan and development regulations,
the Growth Management Act, Chapter 36.70A RCW, and that the amendments herein are
in the best interests of the residents of the City and further advance the public health,
safety and welfare; now, therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN
AS FOLLOWS:
SECTION 1. Amendment. Section 20.20.020(3) of the Port Orchard Municipal
Code is amended to read as follows:
(3) "Project permit" or "project permit application" means any land use or
environmental permit or license required from the city, including, but not
limited to, ",,;'ding peFm s, subdivisions, binding site plans, conditional use
permits, variances, shoreline substantial development permits, site plan
review, site development permits, design reviews, permits or approvals
required by critical areas regulations, and site -specific rezones, which do not
require a comprehensive plan amendment.
SECTION 2. Amendment. Section 20.22.030(5) of the Port Orchard Municipal
Code is amended to read as follows:
(5) Decision.
(a) Unless a permit type has been excluded from the 120 day permit decision
timelines established in POMC 20.24.11020.'�z4.100, pursuant to RCW
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36.7013.140, all Type I applications are subject to the maximum 120 day
permit decision timelines, but ; est eases Feview PA@y be ^ plete ..,et
aT, c� SheFteF tome . q a. If no correction cycles are required, review
should be complete within approximately 30 calendar days from the date of
technical completeness. Correction cycles will extend review time in
proportion to the time the city must wait for an applicant to submit
additional or corrected information.
(b) The decision of the director may be reflected on the plans or permit itself
or may be documented in a written report or letter of approval.
SECTION 3. Amendment. Section 20.22.040(6) of the Port Orchard Municipal
Code is amended to read as follows:
(6) Decision. Type II decisions are subject to the maximum 1003�8-day
timeline requirement pursuant to POMC 20.24.110 20.'� z4.10o. A decision for
a Type II action shall be made in writing by the director and shall include the
following information:
(a) A description of the proposal and a listing of permits or approvals
included in the application;
(b) A statement of the applicable criteria and standards in this code and
other applicable law;
(c) A statement of background information and facts relied upon by the
department which show the application does or does not comply with
the approval criteria;
(d) A summary of public comment received and how the department or
applicant responded to the public comments or concerns; and
(e) The decision to deny or approve the application and, if approved, any
conditions of approval necessary to ensure the proposed development
will comply with applicable law.
SECTION 4. Amendment. Section 20.22.050(6)(a) of the Port Orchard Municipal
Code is amended to read as follows:
(6) Decision.
(a) A written decision for a Type III action shall be issued by the hearing
examiner within 14 calendar days after the date the record closes, and not
later than 170 calendar days after the issuance of the determination of
technical completeness pursuant to POMC 20.24.110, whichever is earlier,
unless the applicant has consented in writing to an extension of this time
period. The hearing examiner's decision shall include the following
information:
(i) A description of the proposal and a listing of permits or approvals
included in the application;
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(ii) A statement of the applicable criteria and standards in the municipal
code and other applicable law;
(iii) A statement of background information and facts relied upon by the
hearing examiner which show the application does or does not comply
with the approval criteria and standards;
(iv) A summary of public testimony and public comment received and
how the department or the applicant responded to the public testimony
and public comments; and
(v) The decision to deny or approve the application and, if approved, any
conditions of approval necessary to ensure the proposed development
will comply with applicable law.
SECTION 5. Amendment. Section 20.22.060(6) of the Port Orchard Municipal
Code is amended to read as follows:
(6) Decision. Following receipt of a recommendation from the hearing body,
the city council shall approve, approve with conditions, or deny a Type IV
application by ordinance. Pursuant to POMC 20.24.110, the City Council's
decision must be issued within 170 calendar days of the issuance of the
determination of technical completeness, unless the applicant has consented
in writing to an extension of this time period.
SECTION 6. Amendment. Section 20.24.010(3) of the Port Orchard Municipal
Code is amended to read as follows:
(3) Unless waived by the diFe .+^r, Pgotential applicants or their designees are
Fequepe4-encouraed to request and attend a preapplication conference with
eCity staff for all Type II, Type III, and Type IV land use actions. This meeting
irmm�r,+ she, il.d he deemed waived ir, the event the dirpr#r.r r.r rlirp ,+...-�.-
desi.tnee is unavaila-ble to Meet .vi+hi., 20 eale-Rdar days ys of a Fee est fqF Gh
meeting. When a preapplication conference is Fegeifedreguested, the
applicant shall meet with the director and any other staff members, as
appropriate, to discuss the proposed development.
SECTION 7. Amendment. Section 20.24.040 of the Port Orchard Municipal Code
is amended to read as follows:
Counter -completeness.
(1) Applications may be submitted to the city in any of the following
manners: electronically, mailed to the city, or brought in person to the city,
m +il �rl + . +h + . i+.. hm7++ �.J -leetFE) eaIL. g the Gity'S eRIiRe p mits
i
syste.m.l. All three of these systems are acceptable methods for counter -
complete review. However, in no case will an application be deemed
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counter -complete until such time as the submission requirements listed in
POW 20.24.030, including the minimum required application permit fees
are received by the city"^m �f„"
(2) An application is counter -complete if the director finds that the
application purports and appears to include the information required by the
master permit application and associated permit application(s) and all
required fees have been paid; provided, no effort shall be made to evaluate
the substantive adequacy of the information in the application(s) in the
counter -complete review process. No effort shall be made to determine
ownership of land as part of the counter -complete review process.
(3) Timing of counter -complete determination.
Th d* h II I I .J'
ri�c—crn cct$%` riun--mcncc @ �c ^vcrr�r ei �cv^rm pp l et e e t eTr }iTrcr F6irF a ga Fdg ^gg @ R
.,Igr--,+*RiA h.-.,u ght in peFsA-.p to the rcit_y while the .Beam is pFeseRt. If +h ,
d+i-estar�res+(de8-that the a pp;TEa tie„ is cis, rt-ei' Ee m p l et e, +h ^ r the -, p l„ a p t
shall h the a atee f.,.,r at the time ^f _;ubPA;++-,l Laj For applications
submitted electronically or mailed to the cityer submitted ^lectFe^;,.,ll
within two business days of receipt of the application, the director shall
either: (1) determine that the application is the —counter -complete
deteT.m.ipatierrshala l be grade within t AVe-business days�fFe.m. Mhe dat
Fese' l'EatieR Ge,i-rpeReRtS, e r ':'Ud* g the FeEa"'+ ef aRYTeq6ieFed
fees if the requirements of Paragraph 2 of this section are met; or (2)
determine that the application is not counter -complete if the requirements
of Paragraph 2 of this section are not met, in which case the director shall
reject and return the application and identify in writing what is needed to
make the application counter -complete. If the city does not provide a
counter -complete decision for an electronically submitted or deter....inat;^^
fef a mailed application within two business days of receipt, the application
shall be deemed counter -complete as of the third business day from receipt
provided that all required application components and fees are included with
the mailed application. If the city determines that dee5 ^^+ ^ eyid^
,.^„^+^r eamplete deter..,,;^-,+;^r f.,- an electronically submitted or a mailed
application is not counter -complete and informs the application in writing
what is needed to make the application counter -complete, the application
shall be determined or deemed to be counter -complete within five business
days of the notificatione+Pl;r^ subp ittal only if the missing application
components and all required application fees are received by the city no later
than four business days following the notification to the applicants al.
(b) For applications brought in person to the city, the director shall make a
counter -complete determination while the applicant is present. If the
director decides that the application is counter -complete in accordance with
Paragraph 2 of this section, then the applicant shall pay the appropriate fees
at the time of submittal. If the director determines that the application is not
counter -complete, then the director shall reject and return the application
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and identify in writing what is needed to make the application counter -
complete.
(4) Notwithstanding the foregoing, n-No application shall be automatically
deemed counter -complete due to the passage of time unless the submission
requirements listed in POMC 20.24.030, including the application fees, are
timely received in accordance with this section.
(4) if the direecter deeid-es-the irpplrc-atie„Ret rzeURter rzemple-te, then the rzity
shall cjeet and--Keturn the c-atieR a iH_P_Htiff OR vc, itiRg what as needed to
SECTION 8. Amendment. Section 20.24.060(1) of the Port Orchard Municipal
Code is amended to read as follows:
(1) Within 28 calendar days of determining an application as counter -
complete, the director shall provide a written determination as to whether
the deteFRgine whether aR application is technically complete. A project
permit application is technically complete for purposes of this section when
it meets the submission requirements of this chapter as well as the
submission requirements contained in other applicable sections of the code.
This determination of technical completeness shall be made when the
application is sufficient for continued processing even though additional
information may be required or project modifications may be subsequently
undertaken.
(a) The written determination shall state either (i) that the application is
technically complete, or (ii) that the application is incomplete and that
the procedural submission requirements have not been met, in which
case the determination shall outline what information or steps are
necessary to make the application procedurally complete.
SECTION 9. Amendment. Section 20.24.060(5) of the Port Orchard Municipal
Code is amended to read as follows:
(5) If the director does not provide a written determination netifieatieR that
an application is technically incomplete within the 28-day period, the
application shall be deemed technically complete for processing as of the
twenty-ninth calendar day following the determination of counter -
completeness. If the director does not provide a written determination that
an application is technically incomplete, the city may still seek additional
information or studies as Drovided in this section.
SECTION 10. Amendment. Section 20.24.070(1) of the Port Orchard Municipal
Code is amended to read as follows:
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(1) Within 10ss 14 calendar days of determining an application as
technically complete, and before making a decision on the application,
the director shall issue a notice of application as set forth in POMC
20.25.010. The director shall grant an extension of time only if the
application involves unusual circumstances.
SECTION 11. Amendment. Section 20.24.110 of the Port Orchard Municipal Code
is amended to read as follows:
20.24.110 Notice of decision.
(1) Contents. The notice of decision issued by the director for Type I and II
actions, and the findings of fact and conclusions of law issued by the hearing
body on Type III and IV actions shall include the following, as a minimum:
(a) A list of all project permits included in the decision, including all
permits being reviewed through the consolidated review process;
(b) Date and description of the decision;
(c) Statement of any threshold determination made under SEPA (Chapter
43.21C RCW);
(d) Procedures for an administrative appeal, if any;
(e) Statement that the affected property owners may request a change in
property tax valuation notwithstanding any program of revaluation by
contacting the Kitsap County assessor;
(f) Duration of the permit approval and a statement summarizing the
permit expiration and extension procedures (if any); and
(g) Statement that the complete project permit file, including findings,
conclusions, and conditions of approval, if any, is available for review.
The notice shall list the place that the file is available and the name and
telephone number of the city representative to contact about reviewing
the file.
(2) Persons Entitled to Receive Notice of Decision. A notice of decision, or the
written findings of fact and conclusions, shall be provided to the applicant, to
any person who submitted written comments on the application (other than
a signed petition), to any person who testified at the hearing or any person
who requested in writing a copy of the decision, and to the Kitsap County
assessor.
(3) For project permit applications, the city shall issue a notice of decision
within the following timelines!'^ days of the ; ^f +"^
of eampletenes-s�R thepRean, unless the time period has
been modified pursuant to RCW 36.7013.080 or RCW 36.70B.140, or unless
the applicant has agreed to a different deadline...:
(a) For project permits which do not require public notice of application
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under RCW 36.7013.110, the city must issue a final decision within 65 days
of issuance of the determination of technical completeness on the
application;
(b) For project permits which require public notice of application under
RCW 36.7013.110, the city must issue a final decision within 100 days of
the determination of technical completeness on the application; and
(c) For project permits which require public notice of application under
RCW 36.7013.110and public hearing, the city must issue a final decision
within 170 days of the determination of technical completeness on the
application.
(4) In calculating the time periods for issuance of the notice of decision, the
number of days shall be calculated by counting every calendar day and
excluding the following periods shall be exel , e- :
(a) Any period between the day that the director has notifies the
applicant, in writing, that additional information is required to further
process the application and the day when responsive information is
resubmitted by the applicant to the city; duF*n^ which the applicant has
been Fequested by the dFlreeter to eeFFeet plans, peFf{v^rrt— . - e d
studies, eF pFevide additionalrrTE'qurFrrrvrrrTucTvr. rrre—pe%ivasrrcm
pcg'rrrrrvFn the datethearrccc9l:-n6rFr�FE1,5, r,�r�a-pr°'iri •rFoar6r-crrc-rrcc�
�a�v
add6tienal until the date
the drFeetel: determines that the
add*t*enal MfeFFnatoen sat6sfoes the request #elrmat+e, , of 14
raIendal:.Jays aftel: the date the additional plrevided to the
city, whicheyel: is arloeF,-
(b) If the director determines that the information submitted is
insufficient, the applicant shall be informed of the particular
insufficiencies and the procedures set forth in POMC 20.24.060 for
calculating the exclusion period shall apply;
(c) Any period during which an environmental impact statement (EIS) is
being prepared pursuant to Chapter 43.21C RCW and Chapter
20.160 POMC;
(d) Any period after an applicant informs the city, in writing, that they
would like to temporarily suspend review of the application until the time
that the applicant notifies the city, in writing, that they would like to
resume the application;
(d) Any period after an administrative appeal is filed until the
administrative appeal is resolved and any additional time period provided
by the administrative appeal has expired; provided, that the city may set
conditions on the temporary suspension of a permit application; fer
P A A s rlerat FA A A A PI efAaP6�5;vA A f A r -, H AQ * Aktra tiedappeals ., f
(e) Any extension of time mutually agreed to in writing by the director
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and the applicant; and
(f) If, at any time, an applicant informs the director, in writing, that the
applicant would like to temporarily suspend the review of the project for
more than 60 consecutive days, or if an applicant is not responsive for
more than 60 consecutive days after the city has notified the applicant, in
writing, that additional information is required to further process the
application, an additional 30 days may be added to the time periods for
the city to issue a final decision on the application. Any written notice
from the director to the applicant that additional information is required
to further process the application must include a notice that
non responsiveness for 60 consecutive days may result in 30 days being
added to the time for review. For purposes of this section,
"non responsiveness" means that an applicant is not making
demonstrable progress on providing additional requested information to
the local government, or that there is no ongoing communication or
willingness to provide the additional information.
(5) The time limits established in this section do not apply to applications
that:
(a) Are not project permit applications (such as amendments to the
comprehensive plan or a development regulation);
(b) Require siting approval of an essential public facility;
(c) Are substantially revised by the applicant, in which case the time
period shall start from the date that a determination of completeness for
the revised application is issued by the director.
SECTION 12. Amendment. Section 20.25.010(2) of the Port Orchard Municipal
Code is amended to read as follows:
(2) Within I^ burin 14 calendar days after the city has made a
determination of technical completeness, and before making a decision on
an application, the director shall issue a notice of application to:
(a) All owners of record of real property within a minimum of 300 feet
of the subject site. However, if the owner of the real property which is
the subject of the application owns another parcel or parcels of real
property which lie adjacent to the real property included in the
application, notice under this subsection shall be given to owners of
real property located within 300 feet of any portions of the boundaries
of such adjacently located parcels of real property owned by the owner
of the real property included in the application;
(b) All city -recognized neighborhood groups or associations whose
boundaries include the subject site;
(c) Any person who submits a written request to receive a notice; and
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(d) Any government agency that is entitled to notice or that is affected
by the application.
SECTION 13. Amendment. Section 20.50.060 of the Port Orchard Municipal Code
is amended to read as follows:
20.50.060 Deadline for final decision.
A conditional use permit application shall be approved, approved with
conditions, remanded or denied within the time established in POMC
20.24.110(4)(iii)1-sa after �f s aee�determined . -
fie, unless the applicant consents in writing to a longer processing
time period.
SECTION 14. Amendment. Section 20.86.100 of the Port Orchard Municipal Code
is amended to read as follows:
20.86.100 Time limitation for final decision.
A short subdivision application shall be approved, approved with conditions,
or denied within the time established in POMC 20.24.110(4)(ii) after
determination that a complete application has been submitted pursuant to
POMC 20.24.06029.'� 24.05o, unless the applicant consents in writing to an
extension of such time period or if the preparation of an EIS is required.
SECTION 15. Amendment. Section 20.88.060 of the Port Orchard Municipal Code
is amended to read as follows:
20.88.060 Time limitation for final decision.
A preliminary plat application shall be approved, approved with conditions,
or denied within the time established in POMC 20.24.110(4)(iii)12daysafter
an application has been determined to be complete pursuant to POMC
20.24.06020.'� z4.050, unless the applicant consents to an extension in writing
of such time period; provided, that if an environmental impact statement is
required as provided in RCW 43.21C.030, the 1'x20 da period for issuing the
decision on the preliminary plat application shall not include the time spent
preparing and circulating the environmental impact statement by the city or
time during which the applicant has been asked to provide additional
information to the city but has not yet responded.
SECTION 16. Amendment. Section 20.88.080(5) of the Port Orchard Municipal
Code is amended to read as follows:
(5) Time Limitation for Decision. A preliminary subdivision modification
application, either minor or major, shall be approved, approved with
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conditions, or denied within the time established in POMC 20.24.110(4)(i) or
after the application is determined to be complete pursuant to
POMC 20.24.06020.24.050), unless the applicant consents to an extension in
writing of such time period; provided, that if an environmental impact
statement is required as provided in RCW 43.21C.030, the 120 day period for
issuing the decision on the preliminary subdivision modification application
shall not include the time spent preparing and circulating the environmental
impact statement by the city.
SECTION 17. Amendment. Section 20.96.080 of the Port Orchard Municipal Code
is amended to read as follows:
20.96.080 Time limitation for final decision.
A vacation or alteration application shall be approved, approved with
conditions or denied within the time established in POMC 20.24.110(4)(ii) or
iii 2 after the application has been determined to be complete
pursuant to POMC 20.24.06020.24.050, unless the applicant consents in
writing to an extension of such time period.
SECTION 18. Amendment. Section 20.127.310 of the Port Orchard Municipal Code
is amended to read as follows:
20.127.310 Applicability and compliance.
(1) See POMC 20.127.020(1) for clarification on the types of development
to which these standards apply; provided, that applications for interior
alterations are exempt from site plan review, if the interior alteration does
not result in (a) additional sleeping quarters or bedrooms; (b)
nonconformity with federal emergency management agency substantial
improvement thresholds; or (c) an increase in the total square footage or
valuation of the structure thereby requiring upgraded fire access or fire
suppression systems. For purposes of this section, "interior alterations"
include construction activities that do not modify the existing site layout or
its current use and involve no exterior work adding to the building
footprint.
(2) See POMC 20.127.020(2) for the relationship between the provisions in
this article and other documents and codes.
(3) See POMC 20.127.020(3) for the application of building additions and
remodels and site improvements.
SECTION 19. Amendment. Section 20.132.050(5) of the Port Orchard Municipal
Code is amended to read as follows:
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(5) Notice of Final Decision. A notice of decision incorporating the decision
on the sign permit application shall issue within the time established in
POMC 20.24.110(4)(i)„v,mere—VWap 1-29--day3 after issuance of the
determination of completeness. This deadline shall not apply if a street use
permit or special event permit is required.
SECTION 20. Amendment. Section 20.200.005 of the Port Orchard Municipal Code
is amended to read as follows:
20.200.005 Admenestrnti"A icability and compliance.
All permits issued pursuant to the codes adopted by reference in this
chapter shall follow a Type I permit process pursuant to Chapter 20.22
POMC. However, the time limits for permit issuance found in POMC 20.22
and 20.24, as amended in accordance with RCW 36.7013.080, shall not apply
to permits issued pursuant to the codes adopted by reference in this
chapter, pursuant to the changes to the definition of "Project Permit"
found in RCW 36.7013.020 as modified by SSSB 5290 (2023).
SECTION 21. Effective Date and Savings Clause. This Ordinance shall be in full
force and effect five (5) days after posting and publication as required by law, provided
the amendments to the City Code in this Ordinance shall be effective on January 1, 2025.
Applications submitted to the City prior to January 1, 2025, shall be processed pursuant to
the portions of the Port Orchard Municipal Code which are amended by this ordinance,
and these amendments shall not be construed as affecting any application submitted
prior to January 1, 2025, proceeding thereunder.
SECTION 22. Severability. If any section, sentence, clause or phrase of this
ordinance should be held to be invalid or unconstitutional by a court of competent
jurisdiction, such invalidity or unconstitutionality shall not affect the validity of
constitutionality of any other section, sentence, clause or phrase of this ordinance.
SECTION 23. Corrections. Upon approval of the city attorney, the city clerk and
the codifiers of this Ordinance are authorized to make necessary technical corrections to
this Ordinance, including, without limitation, the correction of clerical errors; references
to other local, state, or federal laws, codes, rules, or regulations; or section/subsection
numbering.
SECTION 24. Publication. A summary of this Ordinance may be published in lieu of
the entire Ordinance, as authorized by State Law.
Docusign Envelope ID: A6FE889D-CD1 C-45AF-964C-41 B61 FE6E3A0
Ordinance No. 019-24
Page 13 of 13
PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor
and attested by the Clerk in authentication of such passage this 26t" day of November
2024.
Signed by:
P4M-SWA,
Rob Putaansuu, Mayor
ATTEST:
Jenineifloyd, CIVIC, D puty City Clerk
APPROVED AS TO FORM:
/Signed by:
Charlotte A. Archer, City Attorney
PUBLISHED: November 29, 2024
EFFECTIVE DATE: December 4, 2024