020-18 - Ordinance - Adopting Revisions to Title 12ORDINANCE NO. 020-18
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON,
ADOPTING REVISIONS TO TITLE 12 OF THE PORT ORCHARD MUNICIPAL
CODE; PROVIDING FOR SEVERABILITY AND CORRECTIONS; AND
ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, most of the City's fees are set in a fee schedule resolution rather than being
codified in various code sections, so that the City's fees can easily be studied and updated as
required; and
;
WHEREAS, some fees and fee policies as found in Title 12 of the Port Orchard Municipal
Code are listed in code while also appearing in the City's fee schedule resolution; and
WHEREAS, in May 2017 the City Council approved the City's current administrative fees
for the departments of Community Development and Public Works, as set forth in Resolution
030-17; and
WHEREAS, the City has become aware that several sections of Title 12 POMC (Street and
Sidewalks) do not correctly reflect the method used by the City to assess these fees as approved
by Resolution 030-17, and
WHEREAS, the City Council wishes to revise these sections of Title 12 for consistency
with Resolution 030-17; now, therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN AS
FOLLOWS:
SECTION 1. The City Council adopts all of the "Whereas" sections of this ordinance as
findings in support of this ordinance.
SECTION 2. Section 12.04.140 POMC is revised to read as follows:
12.04.140 Permit fee - Inspection.
The fee for such permit for any excavation, as defined in POMC 12.04.010, and for the time
consumed by city employees for the determination of other utilities and mains in the area to be
affected, to approve the site, to inspect the actual excavation or tunneling, to inspect the material
and methods used in the backfill and to approve the finished work and record it in the as-built
plans maintained by the city, shall be as established in the City's current fee resolution; however,
if the excavation is other than routine and requires performance of services or incurrence of
expense by the city over and above that set forth or contemplated in the basic fee, such extra
services along with the actual cost of materials, supplies and attendant handling or
transportation charges to the city, if any, shall be charged to and paid by the permittee over and
above the fee hereinabove set forth.
Ordinance No. 020-18
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SECTION 3. Section 12.04.170 POMC is revised to read as follows:
12.04.170 Notice of completion - Delay.
Such permit shall be issued in triplicate and one copy thereof shall be forthwith filed with the
chief of police, and one copy with the clerk, who shall also be notified when the street, alley or
other improvements shall be restored to their former condition as required by this chapter.
Immediately upon the completion of the acts or work allowed under such permit, written notice
thereof shall also be given to the superintendent of public works by the permittee.
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SECTION 4. Section 12.24.160 POMC is revised to read as follows:
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12.24.160 Permit fees.
(1) From time to time, the director shall prepare and recommend for adoption by the city council
a schedule of fees applicable to: reviewing and administering all permits for public places.
(a) Fees for using or occupying the public place may take into consideration the undesirability
of the use or occupation relative to the rights of the public, such as the city policy of
discouraging certain types of encroachments inconsistent with the public right of access,
including access to the shorelines or other public places, and shall be included in the schedule
of fees for use of public places under the jurisdiction of the director.
(b) The director is authorized to collect a monetary deposit for services to be conducted
related to the review or inspection of a permit prior to or at permit issuance.
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(c) The director is authorized to collect fees for other city departments that provide services
related to the review of a permit for use of the public place.
(2) The City's current fee resolution shall govern the fee for permits issued and reviewed. All
permit and review fees shall be commensurate with the cost of administering, inspecting, and
policing involved in issuing and continuing the permits and with the use and occupation granted
by the permits. The fee shall be collected as a condition to issuing or continuing any permit or
use.
SECTION 5. 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 6. Corrections. Upon the approval of the city attorney, the city clerk and/or
code publisher is authorized to make any necessary technical corrections to this ordinance,
including but not limited to the correction of scrivener's/clerical errors, references, ordinance
numbering, section/subsection numbers, and any reference thereto.
SECTION 7. Effective Date. This ordinance shall be published in the official newspaper of
Ordinance No. 020-18
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the city and shall take full force and effect five (5) days after the date of publication. A
summary of this ordinance in the form of the ordinance title may be published in lieu of
publishing the ordinance in its entirety.
PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and
attested by the City Clerk in authentication of such passage this 26th day of June 2018.
Robert Putaansuu, Mayor
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ATTEST:
Brandy Rinearson, MMC, City Clerk
SPONSOR:APPROVED AS TO FORM:
J^yRoSapepe, Qouncilrnember■aron Cates, City Attorney
July 6, 2018PUBLISHED:
EFFECTIVE DATE: July 11, 2018
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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 June 26, 2018.
ORDINANCE NO. 020-18
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON,
ADOPTING REVISIONS TO TITLE 12 OF THE PORT ORCHARD MUNICIPAL
CODE; PROVIDING FOR SEVERABILITY AND CORRECTIONS; AND
ESTABLISHING AN EFFECTIVE DATE.
Copies of Ordinance No. 020-18 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. 020-18 will be provided at a nominal charge.
City of Port Orchard
Brandy Rinearson
City Clerk
Published: Friday, July 6, 2018