055-19 - Ordinance - Amending the Appeal Provisions of Chapter 9.30oRDtNANCE NO. 055-19
AN ORDINANCE OF THE C TY OF PORT ORCHARD, WASHINGTON,
AMENDING THE APPEAL PROV S ONS OF CHAPTER 9.30 OF THE PORT
ORCHARD MUN CIPAL CODE.
WHEREAS, the City has created the position of Abatement Hearing Officer to hear
appeals of various abatement orders; and
WHEREAS, the City desires appeals of nuisance abatements to be heard by the
Abatement Hearing Officer; and
WHEREAS, the City desires to have consistent abatement appea! provisions throughout
the municipal code; now, therefore,
THE CITY COUNCIL OF THE C TY OF PORT ORCHARD, WASH NGTON, DO ORDA N AS
FOLLOWS:
SECT ON 1. The Port Orchard Municipal Code, Section 9.30.050, is hereby amended to
read as follows:
9.30.050 Enforcement - Notice.
Any enforcement officer appointed by the city council, having knowledge of any public
nuisance, shall cause any owner or other responsible person to be notified of the existence of a
public nuisance on any premises and shall direct the owner or other responsible person to
abate the condition within 10 days after notice. The notice shall be substantially in the
following form:
NOTICE TO ABATE UNSAFE OR UNLAWFUL CONDITION
TO
(name and address of person notified)
As owner, agent, lessee or other person occupying or having charge or control of the
building, lot or premises at you are hereby notified that the undersigned
pursuant to Ordinance of the City of Port Orchard has determined that there
exists upon or adjoining said premises the following condition contrary to the
provisions of subsection of City Ordinance
-:You are hereby notified to abate said condition to the satisfaction of the undersigned
within ten (10) days of the date of this notice. lf you do not abate such condition
within ten (10) days, the City may abate the condition at your expense. ln addition, the
City may begin issuing citations pursuant to subsection _of Ordinance No.
Ordinance No. 055-L9
Page 2 ol 3
Abatement is to be accomplished in the following manner:
You may appeal this Notice to Abate decision by filing a written notice of appeal with
the City Clerk for a hearing before the Abatement Hearing Officer of the City of Port
Orchard within ten (10) days after the date of this notice.
Dated
Name of Officer
SECTION 2. The Port Orchard Municipal Code, Section 9.30.080, is hereby amended to
read as follows:
9.30.080 Appeal.
Any person who has received a notice to abate a condition as determined by the code
enforcement officer under POMC 9.30.050 may appeal said determination by filing written
notice of appeal with the City Clerk for a hearing before the Abatement Hearing Officer. The
notice of appeal must be received by the City Clerk within ten (10) days after the date of said
notice to abate. The notice shall meet the notice of appeal requirements of Chapter 2.82.The
notice shall be reviewed, the hearing held, and the decision issued in accordance with the
provisions of Chapter 2.82, except that such hearings shall be open record.
SECTION 3. Severabilitv. lf a ny section, sentence, clause or phrase of this Ordinance
should be held to be unconstitutional or unlawful by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of any other
section, sentence, clause or phrase of this Ordinance.
SECT ON 4. Publication. This Ordinance shall be published by an approved summary
consisting of the title
SECT ON 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 26th day of November 2019.
Robert Putaan uu, Mayor
Ordinance No. 055-19
Page 3 of 3
ATTEST:
PUBLISHED:
EFFECTIVE DATE:
NSOR:
Be k Ashby, Councilmember
APPROVED AS TO FORM:
n Cates, City Attorney
r, MMC, City C lerk
December 6, 2OL9
Decemb er LL, 2OL9
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 November 26, 2019.
ORDINANCE NO. 055-19
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON,
AMENDING THE APPEAL PROVISIONS OF CHAPTER 9.30 OF THE
PORT ORCHARD MUNICIPAL CODE.
Copies of Ordinance No. 055-19 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. 055-19 will be provided at a nominal charge.
City of Port Orchard
Brandy Rinearson
City Clerk
Published: Friday, December 6, 2019