TITLE 26 Thurston County Land Use Code Enforcement Proposal

TITLE 26 Thurston County Land Use Code Enforcement Proposal (CLICK TO DOWNLOAD PDF FILE)

Title 26 Findings – Page 1

ORDINANCE NO. __________

AN ORDINANCE OF THURSTON COUNTY, WASHINGTON, ADDING TITLE 26 OF THE THURSTON COUNTY CODE FOR CODE ENFORCEMENT AND TO AMEND THURSTON COUNTY CODE CHAPTER 13.56, SECTION 13.56.190, SECTION 13.56.400, SECTION 13.60.050, TITLE 14, SECTION 14.17.060, SECTION 14.18.060, SECTION 14.19.060, CHAPTER 14.21, SECTION 14.21.010, SECTION 14.32.050, SECTION 14.34.050, SECTION 14.35.050, SECTION 15.05.020, SECTION 15.09.300, SECTION 15.10.300, SECTION 15.11.070, CHAPTER 17.09, CHAPTER 17.15, SECTION 17.15.430, CHAPTER 17.20, SECTION 17.20.280, CHAPTER 17.25, SECTION 17.25.800, SECTION 17.30.090, CHAPTER 18.48, SECTION 18.48.020, TITLE 19, TITLE 20, SECTION 20.31.040, SECTION 20.40.035, CHAPTER 20.60, SECTION 20.60.010, TITLE 21, CHAPTER 21.102, SECTION 21.102.010, TITLE 22, SECTION 22.43.080, SECTION 22.44.070, SECTION 22.47.040, CHAPTER 22.64, SECTION 22.64.010, TITLE 23, CHAPTER 23.73, SECTION 23.73.010, TITLE 24, SECTION 24.30.070, CHAPTER 24.92, SECTION 24.92.010, AND REPEALING SECTION 14.21.020, SECTION 14.21.040, 14.21.050, SECTION 14.21.060, SECTION 14.21.070, SECTION 17.15.435, SECTION 17.15.440, SECTION 18.48.040, SECTION 20.60.050, SECTION 20.60.055, SECTION 21.102.020, SECTION 21.102.030, SECTION 22.64.030, SECTION 22.64.040, SECTION 22.64.050, SECTION 23.73.030, SECTION 23.73.040, SECTION 23.73.050, SECTION 24.92.020, SECTION 24.92.030, SECTION 24.92.040, SECTION 24.92.050, SECTION 24.92.060, SECTION 24.02.070, SECTION 24.92.080, AND ADDING SECTION 17.09.200, CHAPTER 19.13, AND SECTION 19.13.010 AND FOR OTHER MATTERS PROPERLY RELATED THERETO.

WHEREAS, Thurston County is required to plan under Chapter 36.70A RCW, the Growth Management Act (GMA), which contains fourteen goals that are intended to guide the development and adoption of comprehensive plans and associated development regulations, which relate to urban growth, rural development, reduced sprawl, transportation, housing, economic development, property rights, permits, natural resource industries, open space and recreation, the environment, citizen participation and coordination, public facilities and services, historic preservation, and Shoreline Management Act goals and policies; and

Title 26 Findings – Page 2

WHEREAS, the GMA requires the comprehensive plan and development regulations in the Thurston County Code (TCC) to demonstrate and uphold the concepts of internal consistency, conformity, and concurrency; and

WHEREAS, the GMA also requires a process of early and continuous citizen participation for amending comprehensive plans and development regulations; and

WHEREAS, Thurston County has performed professional review, public notice, and comment with respect to these amendments; and

WHEREAS, the development regulations in Thurston County adopted under the GMA must be consistent with the Thurston County Comprehensive Plan and associated Joint Plans; and

WHEREAS, the Thurston County Comprehensive Plan, as amended, collectively includes Joint Plans with the cities of Bucoda, Lacey, Olympia, Rainier, Tenino, Tumwater, Yelm, and other sub-area plans, with chapters on land use, natural resource lands, housing, transportation, capital facilities, utilities, economic development, the natural environment, archeological, and historic resources that govern development throughout unincorporated Thurston County and comply with GMA requirements for comprehensive plans and development regulations; and

WHEREAS, the Board of County Commissioners (Board) finds that the proposed amendments in this ordinance are consistent with the Thurston County Comprehensive Plan and associated Joint Plans; and

WHEREAS, the Board finds that the current system and regulations for enforcing development code requirements in Title 13 TCC Roads and Bridges, Title 14 TCC Buildings and Construction, Title 15 TCC Public Works, Title 17 TCC Environment, Title 18 TCC Platting and Subdivisions , the provisions of Title 19 TCC and the Thurston County Shoreline Master Program, Title 20 TCC Zoning , Title 21 TCC Lacey Urban Growth Area Zoning , Title 22 TCC Tumwater Urban Growth Area Zoning , Title 23 TCC Olympia Urban Growth Area Zoning, and Title 24 TCC Critical Areas are fragmented and should be unified under one code enforcement title; and

WHEREAS, Title 13 TCC Roads and Bridges applies to road closures, speed restrictions, construction and permits, street vacations, street naming and house numbering, street lights, accommodation of utilities in rights-of-way, telecommunications, licenses, franchises and other matters properly related thereto; and

WHEREAS, Title 14 TCC Buildings and Construction applies to the construction of buildings in unincorporated Thurston County, abatement of dangerous buildings, development in flood hazard areas, and other matters properly related thereto; and

Title 26 Findings – Page 3

WHEREAS, Title 15 TCC Public Works establishes road standards, stormwater standards, storm and surface water utility rates, illicit discharges, sewer systems, water systems, rates, right-of-way acquisition and other matters properly related thereto; and

WHEREAS, Title 17 TCC Environment includes regulations for the State Environmental Policy Act, critical areas regulations for agricultural uses and lands, mineral extraction and asphalt production, forest lands conversion, noxious weed containment, and other matters properly related thereto; and

WHEREAS, Title 18 TCC Platting and Subdivisions governs the division of land in Thurston County, and other matters properly related thereto; and

WHEREAS, Title 19 TCC Shoreline Master Program constitutes a local ordinance and supersedes portions of the Shoreline Master Program for the Thurston Region (Chapter 19.01 TCC), and the provisions of Title 19 TCC and the Thurston County Shoreline Master Program are supplementary to the provisions of Chapter 90.58 RCW and Title 173 WAC; and

WHEREAS, Title 20 TCC Zoning governs development regulations in the unincorporated rural county as well as the unincorporated Urban Growth Areas (UGA) of Rainier, Yelm, Tenino and Grand Mound. The locations and boundaries of the zoning districts established in the Thurston County Zoning Ordinance are shown on the Official Zoning Map, Thurston County, Washington (Chapter 20.06 TCC); and

WHEREAS, Title 21 TCC Lacey Urban Growth Area Zoning governs development regulations in the City of Lacey unincorporated area. The locations and boundaries of the zoning districts established in the Zoning Ordinance of the Lacey Urban Growth Area are shown on the Official Zoning Map, Thurston County Washington, North County Urban Growth Areas (Section 21.09.020 TCC); and

WHEREAS, Title 22 TCC Tumwater Urban Growth Area Zoning governs development regulations in the City of Tumwater unincorporated area. The locations and boundaries of the zoning districts established in the Tumwater UGA Zoning Ordinance are shown on the Official Zoning Map, Thurston County Washington, North County Urban Growth Areas (Section 22.06.020 TCC); and

WHEREAS, Title 23 TCC Olympia UGA Zoning governs development regulations in the City of Olympia unincorporated area. The locations and boundaries of the zoning districts established in the Olympia UGA Zoning Ordinance are shown on the Official Zoning Map, Thurston County Washington, North County Urban Growth Areas (Chapter 23.02.160 TCC); and

WHEREAS, Title 24 TCC Critical Areas includes regulations governing critical areas for non agricultural uses and lands; and

Title 26 Findings – Page 4

WHEREAS, unifying the various code enforcement provisions in the Thurston County Code will provide a clear enforcement process for development code requirements in Thurston County and a clear penalty system for rectifying violations; and

WHEREAS, the code enforcement provisions in the new unified code enforcement title shall supersede the enforcement provisions from other titles unless otherwise provided for in the new title, and

WHEREAS, civil infractions are governed by Chapter 7.80 RCW, and will be heard pursuant to that chapter; and

WHEREAS, the Board finds it beneficial to add civil penalties to the list of available remedies to ensure speedy compliance with development code requirements, so long as those penalties do not violate the due process rights of the land owner; and

WHEREAS, a duly noticed public hearing was held on October 15, 2013 before the Thurston County Planning Commission to take public testimony on the new code enforcement title and associated amendments in other sections of the Thurston County Code to facilitate the new unified code enforcement title; and

WHEREAS, the Planning Commission voted to recommend the proposed amendments to the Thurston County Code for a new code enforcement title and associated amendments in other sections of the Thurston County Code to facilitate the new title; and

WHEREAS, the Board of County Commissioners held a duly noticed public hearing on February 18, 2014 to allow for public testimony on the amendments adopted with this ordinance; and

WHEREAS, the amendments adopted by this ordinance were included on the 2014-2015 Development Code Official Docket as required by Chapter 2.05 Thurston County Code (TCC), Growth Management Public Participation; and

WHEREAS, on February 4, 2014 notice was provided to the Washington State Department of Commerce on the intent to adopt revised development regulations applicable to land use code enforcement in accordance with RCW 36.70A.470; and

WHEREAS, on January 29, 2015 the Board of County Commissioners amended Title 26 to direct all appeals to the Hearing Examiner and establish civil penalty fee rates within the title; and

WHEREAS, on March 3, 2015 the Board of County Commissioners held a second duly noticed public hearing on the two amendments; and

Title 26 Findings – Page 5

WHEREAS, the Board believes the code enforcement provisions and associated penalties enabled by the adoption of this ordinance are necessary for the preservation of the public health, safety, and general welfare of Thurston County residents.

NOW, THEREFORE, THE THURSTON COUNTY BOARD OF COUNTY COMMISSIONERS ORDAINS AS FOLLOWS:

SECTION 1. TITLE 26 CODE ENFORCEMENT. The Thurston County Code is hereby amended as shown in Attachment A to add Title 26 Code Enforcement.

SECTION 2. AMENDMENTS TO OTHER AFFECTED SECTIONS OF THE THURSTON COUNTY CODE. The Thurston County Code is hereby amended as shown in Attachment B to remove unnecessary code enforcement provisions being replaced by Title 26 Code Enforcement and to update other references. Affected titles include Title 26 TCC Code Enforcement, Title 13 TCC Roads and Bridges, Title 14 TCC Buildings and Construction, Title 15 TCC Public Works, Title 17 TCC Environment, Title 18 TCC Platting and Subdivisions, the provisions of Title 19 TCC and the Thurston County Shoreline Master Program, Title 20 TCC Zoning, Title 21 TCC Lacey Urban Growth Area Zoning, Title 22 TCC Tumwater Urban Growth Area Zoning, Title 23 TCC Olympia Urban Growth Area Zoning, and Title 24 TCC Critical Areas.

SECTION 3. SEVERABILITY. If any section, subsection, sentence, clause, phrase or other portion of this ordinance or its application to any person is, for any reason, declared invalid, illegal or unconstitutional in whole or in part by any court or agency of competent jurisdiction, said decision shall not affect the validity of the remaining portions hereof.

SECTION 4. EFFECTIVE DATE. This ordinance shall take effect immediately upon adoption.

ADOPTED: __________________________

ATTEST: BOARD OF COUNTY COMMISSIONERS

Thurston County, Washington

_____________________________

Clerk of the Board

________________________________

Chair

APPROVED AS TO FORM:

JON TUNHEIM ________________________________

Title 26 Findings – Page 6

PROSECUTING ATTORNEY Vice-Chair

____________________________

Rick Peters

Deputy Prosecuting Attorney ________________________________

Commissioner