004-18 - Ordinance - Amending Certain Provisions of Chapter 2.76 Hearing ExaminerORDINANCE NO. 004-18
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON,
AMENDING CERTAIN PROVISIONS OF CHAPTER 2.76 ("HEARING
EXAMINER") OF THE PORT ORCHARD MUNICIPAL CODE; PROVIDING FOR
SEVERABILITY; AND SETTING AN EFFECTIVE DATE.
WHEREAS, on July 21, 2017, the classification of the City of Port Orchard changed to
that of Non-Charter Code City; and
WHEREAS, the reclassification of the city necessitated certain revisions to the Port
Orchard Municipal Code ("POMC"); and
WHEREAS, on October 24, 2017, changes were made to Chapter 2.08 POMC
"Appointive Officers" to include the hearing examiner; and
WHEREAS, the City Council has determined that it is in the best interests of the
city to amend certain provisions of Chapter 2.76 POMC to adopt the necessary revisions
to that section of the POMC that resulted from the reclassification; now, therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO
ORDAIN AS FOLLOWS:
SECTION 1. The title to Port Orchard Municipal Code Chapter 2.76.030 is hereby
adopted to read as follows:
2.76.030 Authority. The examiner shall be appointed and compensated as set
forth in Chapter 2.08 POMC, and shall have the powers and duties as set forth
herein. The examiner shall be appointed based on his or her qualifications for the
duties of the office and shall have the necessary training and experience in land
use and related legal matters to conduct administrative or quasi-judicial hearings,
and to render decisions according to law. The examiner shall hold no other
classified, appointive, or elected position in city government. The examiner shall
suggest an examiner pro tern to serve in the event of his/her absence or disability,
or in the event of a conflict of interest. The appointment of an examiner pro tern
is expected to be infrequent in nature. The examiner pro tern will be entitled to
the same compensation as the examiner during his/her term of service.
SECTION 2. The title to Port Orchard Municipal Code Chapter 2.76.040 ("Compensation")
is hereby removed in its entirety.
SECTION 3. Severability. If any section, sentence, clause or phrase of this Ordinance
should be held to be unconstitutional or unlawful by a court of competent jurisdiction, such
Ordinance No. 004-18
Page 2 of 2
invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section,
sentence, clause or phrase of this Ordinance.
SECTION 4. Publication. This Ordinance shall be published by an approved summary
consisting of the title.
SECTION 5. Effective Date. This Ordinance shall take effect and be in full force and effect
five days after publication, as provided by law.
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 23rd day of January 2018.
Robert Putaansuu, Mayor
SPONSOR:ATTEST:
BraiTcfyl^meaTson, MMC, City Clerk Bek Ashby, Councilmemb
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APPROVED AS TO FORM:
ron Cates, City Attorney
February 2, 2018
February 7, 2018
PUBLISHED:
EFFECTIVE DATE:
NOTICE OF CITY OF PORT ORCHARD
ORDINANCE
The following is a summary of an Ordinance approved by the Port Orchard City Council at their regular Council
meeting held January 23, 2018.
ORDINANCE NO. 004‐18
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON,
AMENDING CERTAIN PROVISIONS OF CHAPTER 2.76 (“HEARING
EXAMINER”) OF THE PORT ORCHARD MUNICIPAL CODE; PROVIDING
FOR SEVERABILITY; AND SETTING AN EFFECTIVE DATE.
Copies of Ordinance No. 004‐18 are available for review at the office of the City Clerk of the City of Port Orchard.
Upon written request, a statement of the full text of the Ordinance will be mailed to any interested person without
charge. Thirty days after publication, copies of Ordinance No. 004‐18 will be provided at a nominal charge.
City of Port Orchard
Brandy Rinearson
City Clerk
Published: Friday, February 2, 2018