Title 2
ADMINISTRATION AND PERSONNEL

Chapters:

2.02 Hours of Business

2.04 City Council Meetings

2.06 Wards

2.07 Ethics Program

2.08 City Officers

2.09 City Administrator

2.12 Fire Marshal

2.14 Procedures for Adoption and Amendment of Development Regulations

2.16 Permit Review and Appeal Procedures

2.18 Legislative Review Procedures

2.19 Land Use Mediation

2.20 Municipal Court

2.24 Police Reserve

2.28 Police Civil Service

2.32 Park Advisory Committee

2.33 Utility Advisory Committee

2.34 Parking Advisory Committee

2.36 Planning Commission

2.38 Hearing Examiners

2.40 Housing Authority

2.42 Arts and Humanities Council

2.44 Decodified

2.46 Harbor Commission

2.48 Design Review Board

2.50 Health, Housing and Human Services Council

2.52 Health District

2.56 Retirement System

2.60 Reimbursement of Expenses

2.64 Collection and Presentation of Information to Legislative and Administrative Bodies

2.68 Defense and Indemnification of City Officers and Employees

2.70 Commute Trip Reduction Incentive Program

2.74 Salary Commission

2.80 Public Records Disclosure

2.82 City Budget Process

Chapter 2.02
HOURS OF BUSINESS

Sections:

2.02.010 Hours of business.

2.02.010 Hours of business.

General administrative offices and departments of the city shall be open for the transaction of business with the public from the hours of 8:00 a.m. to 4:00 p.m., five days per week, Monday through Friday, excepting legal holidays; provided, that the mayor may alter the hours of operations of city offices on a temporary basis, as the mayor deems necessary for the efficient operation of the city. Public safety services will be provided 24 hours per day. (Ord. 2000-06 § 1, 2000)

Chapter 2.04
CITY COUNCIL MEETINGS

Sections:

2.04.010 Held when.

2.04.020 Place.

2.04.030 Time.

2.04.040 Time limit.

2.04.010 Held when.

The city council shall hold its meetings on the second and fourth Wednesday of each month. (Ord. 2002-41 § 1, 2002)

2.04.020 Place.

The meeting place for the city council meetings shall be at City Hall in the City Council Chambers located at 280 Madison Avenue North, Bainbridge Island, Washington. (Ord. 2002-41 § 2, 2002)

2.04.030 Time.

The time for such city council meetings shall be 7:00 p.m. (Ord. 2004-10 § 1, 2004: Ord. 2002-41 § 3, 2002)

2.04.040 Time limit.

City council meetings shall continue until 9:00 p.m., however, by a majority vote, the council may elect to extend the meeting to complete meeting agenda items. (Ord. 2004-10 § 2, 2004)

Chapter 2.06
WARDS

Sections:

2.06.010 City division – Boundaries.

2.06.020 North Ward.

2.06.030 South Ward.

2.06.040 Central Ward.

2.06.050 Council representation.

2.06.060 Councilmember residency requirements.

2.06.070 Voting – Residency.

2.06.080 Population representation.

2.06.010 City division – Boundaries.

The city of Bainbridge Island is divided into three wards, which shall be known as the North Ward, the Central Ward and the South Ward. The boundaries of each ward shall be as provided in this chapter. (Ord. 91-10 § 1, 1991)

2.06.020 North Ward.

The North Ward shall consist of voting precincts 321, 328, 330, 332, 335, 336, 340 and 345, which generally is that territory within the city limits lying north of Koura Road and east of Miller Road, south along Miller Road to and along the south edge of precinct 321, then north along Sportsman Club Road to State Route 305, and then east along the south boundary of precinct 328 (which follows Murden Beach Drive due east until it meets the Puget Sound). (Ord. 2003-01 § 1, 2003: Ord. 2002-25 § 1, 2002: Ord. 91-10 § 2, 1991)

2.06.030 South Ward.

The South Ward shall consist of voting precincts 310, 312, 314, 317, 318, 320, 325, and 333 except that portion of precinct 314 lying north of Wyatt Way and east of Finch Road, which generally is that territory within the city limits lying south of Koura Road and west of Miller Road, south along Miller Road and Fletcher Bay Road to and along High School Road then south along Finch Road to Wyatt Way and along Wyatt Way to the western terminus of Wyatt Way, and lying west of a line extending from the western terminus of Wyatt Way to the centerline of Eagle Harbor. (Ord. 2003-01 § 2, 2003: Ord. 2002-25 § 2, 2002: Ord. 91-10 § 3, 1991)

2.06.040 Central Ward.

The Central Ward shall consist of voting precincts 301, 302, 303, 304, 305, those portions of 314 lying east of Finch Road and south of Wyatt Way but north of Eagle Harbor, 315 and 322, which generally is that territory within the city limits lying between the North Ward and the South Ward. (Ord. 2003-01 § 3, 2003: Ord. 2002-25 § 3, 2002: Ord. 91-10 § 4, 1991)

2.06.050 Council representation.

Each ward shall each be represented on the city council by two councilmembers, and one councilmember shall be elected from the city at large. City council position numbers 4 and 5 shall be assigned to the Central Ward; city council position numbers 2 and 7 shall be assigned to the North Ward; and city council position numbers 3 and 6 shall be assigned to the South Ward. City council position number 1 shall be elected from the city at large. A councilmember residing in the Central Ward on the effective date of the ordinance amending this section who is reassigned to election at large may serve out his or her unexpired term of office. (Ord. 2002-25 § 4, 2002: Ord. 91-10 § 5, 1991)

2.06.060 Councilmember residency requirements.

A councilmember must reside in the ward for which that councilmember is elected on the date of election. Removal of a councilmember’s residence from the ward for which the councilmember was elected renders the office vacant; provided, that a change in the boundaries of the wards shall not affect the term of any councilmember, and the councilmember shall be allowed to serve out the term of office in the ward of the councilmember’s residence at the time of election. (Ord. 91-10 § 6, 1991)

2.06.070 Voting – Residency.

At the primary election for councilmembers, qualified voters shall vote only for city council positions in the ward of their residence. At the general election for councilmembers, qualified voters residing in the city shall vote for all city council positions. (Ord. 91-10 § 7, 1991)

2.06.080 Population representation.

Representation of each ward in the city council shall be in proportion to the population as nearly as is practicable. On the publication of the results of a federal census, the city shall review the federal census to determine whether the representation of each ward in the city council is in proportion to the population as nearly as is practicable. If the results of the federal census require that the boundaries of the wards be changed, the city council shall change the boundaries of the wards not less than 90 days before the primary election preceding the next general municipal election. (Ord. 91-10 § 8, 1991)

Chapter 2.07
ETHICS PROGRAM

Sections:

2.07.010 City council shall establish ethics program.

2.07.010 City council shall establish ethics program.

The city council shall establish by resolution or ordinance an ethics program for elected officials of the city of Bainbridge Island. (Ord. 2005-31 § 1, 2005)

Chapter 2.08
CITY OFFICERS¹

Sections:

2.08.010 Mayor and council.

2.08.020 Oath.

2.08.030 Appointive offices designated.

2.08.040 Official bonds.

2.08.050 Creation, continuance or deletion of city employee position – Filling of emergency positions.

2.08.060 Power of appointment.

2.08.070 Power of removal.

2.08.010 Mayor and council.

The city having been duly established and recorded with the Secretary of State of the state as a noncharter code city with mayor-council form of government, the elective officers shall consist of a mayor and seven councilmembers, each of whom shall have been a registered voter and resident of the city for a period of at least one year preceding their election. (Ord. 91-10 § 10, 1991: Ord. 74-06 § 1, 1974)

2.08.020 Oath.

The elected and appointed officers enumerated in this chapter shall before entering upon the performance of their duties take and execute an oath for the faithful performance of the duties of the office to which elected or appointed. (Ord. 74-06 § 3, 1974)

2.08.030 Appointive offices designated.

The following appointive offices of the city are established:

A. Director of finance and administrative services;

B. Deputy treasurer;

C. Chief of police;

D. Director of field operations;

E. Municipal judge;

F. Municipal judge pro tempore;

G. City attorney;

H. City prosecutor;

I. Director of public works;

J. Fire marshal;

K. Director of planning and community development;

L. Building official;

M. City administrator;

N. City clerk;

O. Court administrator;

P. Systems manager;

Q. Accounting manager;

R. Administrative assistant.

The salary of each appointive officer, and the salary or wage of each appointive officer working under such appointive officer, shall be set by the city council; provided, that the compensation for municipal judge, municipal judge pro tempore, city attorney, city prosecutor and fire marshal shall be set by contract approved by the city council. (Ord. 91-28 § 1, 1991: Ord. 74-07 § 1, 1974)

2.08.040 Official bonds.

A. Before undertaking the duties of office, the director of finance and administrative services shall qualify by furnishing a fidelity bond at the expense of the city in the sum of $100,000.

B. The auditing officer of the city and all persons authorized by the city to sign checks or warrants shall be covered by a blanket faithful performance bond in the sum of not less than $75,000 or such greater amount as may be specified by state law as hereafter amended.

C. All other city officers and employees shall be covered by a blanket faithful performance bond in the sum of not less than $50,000, with surety acceptable to the mayor. The premiums on said bond shall be paid by the city. (Ord. 2002-07 § 1, 2002: Ord. 91-28 § 4, 1991; Ord. 74-07 § 2, 1974)

2.08.050 Creation, continuance or deletion of city employee position – Filling of emergency positions.

A. Subject to all applicable laws and regulations, including those relating to civil service, the city council may provide for the creation, continuance, or deletion of any city employee position without the necessity of an amendment to the ordinance codified in BIMC 2.08.030 through 2.08.070. For the purposes of this section, the term “city employee” means any paid person on the staff of the city who is not an officer as defined in BIMC 2.08.030.

B. Subject to all applicable laws and regulations, including those relating to civil service, the mayor may authorize the hiring of personnel to fill emergency positions for a period not in excess of 30 days. Any positions thereby created shall be nonrenewable without the concurrence of a majority of the whole of the city council. (Ord. 74-07 § 3, 1974)

2.08.060 Power of appointment.

Subject to all applicable laws and regulations, including those relating to civil service, the mayor shall have the power to:

A. Appoint any qualified person to the offices enumerated in BIMC 2.08.030 subject to confirmation by a majority of the city council;

B. Appoint any qualified person to any other paid position created or authorized by action of the city council. The mayor may delegate this authority to department heads;

C. Appoint a municipal judge pro tem to serve no longer than the temporary disability or absence of the municipal judge in accordance with the provisions of RCW 35A.20.100; and

D. Appoint advisory committees from time to time to examine and make recommendations on issues of concern to the city. Such advisory committees are to be in existence no longer than 90 days. (Ord. 91-46 § 1, 1991: Ord. 74-07 §§ 4, 5, 1974)

2.08.070 Power of removal.

Subject to all applicable laws and regulations, including those relating to civil service, the mayor shall have the power of removal of those persons appointed to those offices enumerated in BIMC 2.08.030, to any other position created or authorized by action of the city council pursuant to BIMC 2.08.050, and to any emergency position created pursuant to BIMC 2.08.050; provided, however, that an appointed municipal judge may be removed prior to the expiration of his term of office only upon conviction of misconduct or malfeasance in office, or because of physical or mental disability rendering him incapable of performing the duties of his office; and, provided further, that a municipal judge pro tem shall be appointed by the mayor and need not be confirmed by the city council pursuant to Section 2.08.060. (Ord. 74-07 § 5, 1974)

Chapter 2.09
CITY ADMINISTRATOR

Sections:

2.09.010 Position created.

2.09.020 Scope of authority.

2.09.030 Powers and duties.

2.09.040 Residency requirement.

2.09.050 Qualifications.

2.09.010 Position created.

There is created the office of city administrator, which shall be filled by appointment of the mayor, subject to the confirmation of the city council, to serve at the pleasure of the mayor. The city at its discretion may specify additional terms and conditions of employment in a written agreement executed by the mayor and approved by the city council. (Ord. 93-47 § 1, 1993)

2.09.020 Scope of authority.

Under the direction and authority of the mayor, the city administrator shall supervise, administer, and coordinate the activities and functions of all city officers, departments, commissions and boards to implement city ordinances and policies through the effective use of city employees, funds, materials, facilities and time, and shall direct and control the overall operations of the city to assure optimum services to the community. (Ord. 93-47 § 1, 1993)

2.09.030 Powers and duties.

Under the direction and authority of the mayor, the city administrator shall have the following powers and duties:

A. Plan and direct all administrative activities of the city, develop and implement internal policies and procedures, evaluate city employees, and take necessary actions to improve operations;

B. Provide information and advice to the mayor, city council, other public officials and the public on the city’s operations;

C. Act as the city’s representative in such areas as labor relations, intergovernmental relations, conferences, conventions, and seminars related to public management;

D. Delegate responsibility as necessary to accomplish the desired objectives;

E. Attend meetings of the city council, and other boards and commissions as necessary to coordinate and satisfy the administrative needs of the city;

F. Act to resolve operational conflicts, decide and implement alternate courses of action, formulate administrative policies, and otherwise make decisions in the best interest of the city’s operation; and

G. Coordinate and supervise the preparation of the preliminary budget for submittal to the mayor, and administer the budget after its adoption. (Ord. 93-47 § 1, 1993)

2.09.040 Residency requirement.

The city administrator need not be a resident of the city. (Ord. 93-47 § 1, 1993)

2.09.050 Qualifications.

The city administrator shall have experience and education suitable to manage the city. A master’s degree in public or business administration is desirable. Membership and participation in an appropriate professional organization is required. (Ord. 93-47 § 1, 1993)

Chapter 2.12
FIRE MARSHAL

Sections:

2.12.010 Appointment.

2.12.010 Appointment.

The mayor of the city is authorized to appoint a city fire marshal. (Ord. 121 § 1, 1963)

Chapter 2.14
PROCEDURES FOR ADOPTION AND AMENDMENT OF DEVELOPMENT REGULATIONS

Sections:

2.14.010 Purpose.

2.14.020 Review process – Public hearing.

2.14.030 Notice.

2.14.040 Council action.

2.14.050 Appeals.

2.14.060 Transmittal to state.

2.14.010 Purpose.

This chapter establishes the process for adopting and amending Growth Management Act (“GMA”) development regulations, to ensure early and continuous public participation in the development and amendment of development regulations, which implement the city’s comprehensive plan. For the purposes of this chapter, “development regulations” means the controls placed on development or land use activities by the city, including, but not limited to, zoning ordinances, critical areas ordinances, shoreline master programs, official controls, planned unit development ordinances, subdivision ordinances, and binding site plan ordinances, together with any amendments thereto. A development regulation does not include a decision to approve a project permit application, as defined in RCW 36.70B.020, even though the decision may be expressed in a resolution or ordinance of the city. (Ord. 2001-24 § 1, 2001)

2.14.020 Review process – Public hearing.

Proposed development regulations shall be reviewed under the process established in Resolution No. 96-48. The city council shall hold a public hearing on the proposed development regulation at the second reading of the proposed development regulation; provided, that proposed development regulations that shall have a public hearing before the planning commission pursuant to BIMC 2.36.010 shall not also be subject to a public hearing before the city council. Notice of public hearings for development regulations shall follow the criteria set forth in BIMC 2.14.030. (Ord. 2001-24 § 1, 2001)

2.14.030 Notice.

A. The city shall give notice of the public hearing required in BIMC 2.14.020 that is reasonably calculated to provide notice to property owners and other affected and interested individuals, tribes, government agencies, businesses, and organizations. Examples of reasonable notice include:

1. Posting the property for site-specific proposals;

2. Publishing notice in The Bainbridge Island Review;

3. Notifying public or private groups who have notified the city of an interest in a certain proposal or in the type of proposal being considered;

4. Placing notices in appropriate regional, neighborhood, ethnic, or trade journals as identified by the department of planning and community development; and

5. Publishing notice in city newsletters or sending notice to city mailing lists established by the department of planning and community development, including general lists or lists for specific proposals or subject areas.

B. Notice of the public hearing shall state when the public may submit written comments on the proposed development regulation; provided, that the public shall be given at least 10 days prior to the scheduled public hearing to submit written comments to the city.

C. The agenda for second reading of the proposed development regulation shall reflect the full title of the development regulation being reviewed.

D. Errors in exact compliance with this chapter shall not render the development regulation invalid if the spirit of the procedures established by this chapter is observed. (Ord. 2001-24 § 1, 2001)

2.14.040 Council action.

After the requirements of Resolution No. 96-48 and this chapter are met, the city council may act upon a proposed development regulation. The city council shall either adopt, adopt as modified, reject, or remand the development regulation to the department of planning and development or a city council committee or the planning commission for further consideration. (Ord. 2001-24 § 1, 2001)

2.14.050 Appeals.

Appeal of a city council decision on a development regulation is governed by state law. (Ord. 2001-24 § 1, 2001)

2.14.060 Transmittal to state.

The department of planning and community development shall notify the State of Washington Department of Community, Trade and Economic Development (“DCTED”) of its intent to adopt a development regulation at least 60 days prior to final passage. The department of planning and community development shall transmit a copy of all passed development regulations to DCTED within 10 days after passage by the city council. (Ord. 2001-24 § 1, 2001)

Chapter 2.16
PERMIT REVIEW AND APPEAL PROCEDURES²

Sections:

2.16.005 Purpose.

2.16.015 Application initiating authority.

2.16.020 Jurisdiction.

2.16.025 Types of land use applications.

2.16.030 Prohibited ex parte communications.

2.16.035 Preapplication procedure.

2.16.040 Repealed.

2.16.045 Application submittal requirements.

2.16.055 Determination of complete application.

2.16.057 Voiding of application due to inactivity.

2.16.060 Fees.

2.16.065 Permit coordinator.

2.16.075 Application timeframes.

2.16.085 Notice requirements.

2.16.095 Administrative decision procedures.

2.16.100 Hearing examiner decision procedures.

2.16.110 City council decision procedures.

2.16.120 Consolidated project review.

2.16.130 Appeal procedures – Appeal of an administrative decision to the hearing examiner.

2.16.140 Repealed.

2.16.150 Review procedures under Chapters 2.16 and 2.18 BIMC.

2.16.005 Purpose.

The purpose of this chapter is to establish standard procedures for all land use applications processed by the city of Bainbridge Island. The procedures are designed to promote timely and informed public participation, to eliminate redundancy in the application, permit review, and appeal processes, to minimize delay and expense, and to result in development approvals that further city goals as set forth in the comprehensive plan. (Ord. 96-03 § 2, 1996)

2.16.015 Application initiating authority.

A. In addition to the property owner, the following persons may submit land use applications:

1. An agent of the owner with authorized proof of agency may apply for any type of permit;

2. A resident of the dwelling may apply for a home occupation permit.

B. Any person may request an interpretation of the zoning code. The director of planning and community development may issue interpretations of the zoning code as needed. (Ord. 96-03 § 3, 1996)

2.16.020 Jurisdiction.

Jurisdiction of the department director or the hearing examiner is limited to those issues where ordinance or other appropriate authority grants the authority to issue a decision, recommendation, or issue an order. (Ord. 2003-07 § 1, 2003)

2.16.025 Types of land use applications.

Land use applications are classified into three major categories based on the review process: (1) administrative, (2) quasi-judicial and (3) consolidated project review.

A. Administrative Land Use Decision by a Department Director. The following applications require an administrative decision by a department director and shall be processed in accordance with BIMC 2.16.095:

Administrative conditional use;

Administrative variance;

Boundary line adjustment;

Building permit and other construction permits;

Building administrative decisions;

Clearing permit;

Occupancy permit;

Public works administrative decisions;

Sign permit;

Site plan and design review;

Shoreline substantial development permit and minor shoreline variance;

Short subdivision (short plat);

Zoning code interpretation; and

Any other administrative land use decision authorized by this code to be made by the department director.

B. Quasi-Judicial Decision by the Hearing Examiner or City Council.

1. The following applications require a hearing examiner decision and shall be processed in accordance with BIMC 2.16.100:

Regular variance;

Shoreline variance and shoreline conditional use permit; and

Regular conditional use permit (CUP).

2. The following applications require a city council decision and will be processed in accordance with BIMC 2.16.110:

Subdivision approval;

Planned unit development (PUD);

Master planned development (MPD); and

Rezone.

C. Consolidated Project Review. An optional consolidated project review process is available for a land use proposal that requires more than one related land use permit. These are processed in accordance with BIMC 2.16.120. (Ord. 2003-16 § 2, 2003; Ord. 2001-26 § 1, 2001: Ord. 96-03 § 4, 1996)

2.16.030 Prohibited ex parte communications.

A. Except as permitted under Chapter 42.36 RCW, a proponent or opponent, or his or her agent or representative, of a quasi-judicial matter that is pending before the hearing examiner or council, shall not communicate ex parte, directly or indirectly, with the examiner or a council member concerning the merits of the pending matter or a factually related quasi-judicial matter. This rule shall not prohibit ex parte communications concerning procedural matters.

B. Except as permitted under Chapter 42.36 RCW, the hearing examiner or a council member shall not communicate ex parte, directly or indirectly, with a proponent or opponent, or his or her agent or representative, of a quasi-judicial matter that is pending before the hearing examiner or council concerning the merits of the pending matter or a factually related quasi-judicial matter. This rule shall not prohibit ex parte communications concerning procedural matters.

C. If a prohibited ex parte communication is made to or by the hearing examiner or a council member, the examiner or council member shall comply with Chapter 42.36 RCW.

D. Any person seeking to rely on the provisions of this section to disqualify the hearing examiner or a council member from participating in a decision must raise the challenge as soon as the basis for disqualification is made known to the person. Where the basis is known or reasonably should have been known prior to the issuance of the decision and is not raised until after the issuance of the decision, it may not be relied on to invalidate the decision. (Ord. 2003-07 § 2, 2003)

2.16.035 Preapplication procedure.

A. A preapplication conference may be scheduled by the department director for any type of land use application, but is required prior to submitting an application for the following permits:

Regular conditional use;

Regular variance;

Site plan and design review approval;

Preliminary subdivision (long plat) and short subdivision (short plat);

Shoreline substantial development and shoreline conditional use permit;

Planned unit development;

Comprehensive plan amendment; and

Consolidated project review.

B. A preapplication conference for a conditional use permit, variance, site plan and design review, shoreline substantial development permit or shoreline conditional use permit may be waived in writing by the director of planning and community development if the director determines the following:

1. The application is consistent with applicable codes and ordinances;

2. The proposed use is clearly listed as a permitted use in the zoning district in which it is located;

3. The proposal is exempt from review under the State Environmental Policy Act (SEPA); and

4. The applicant demonstrates knowledge and understanding of the city’s permit processing procedures.

C. An applicant shall arrange for a preapplication conference by submitting forms and plans as prescribed by the applicable land use applications. As established by the city council by resolution, a fee for a preapplication conference shall be charged.

D. The preapplication conference is an informal discussion between a potential applicant, interested citizens and city staff regarding a proposed project. A preapplication conference shall not include extensive field inspection or correspondence. The purpose of the preapplication conference is to assist the applicant by identifying the following:

1. Requirements for submittal, including types of permits necessary to complete the proposal and whether SEPA review is required, pursuant to the State Environmental Policy Act (SEPA), Chapter 43.21C RCW.

2. Compliance with applicable city plans, goals, policies, codes or guidelines and possible revisions to the proposed project which will enhance the proposal with respect to these requirements.

3. Required plans, studies, reports, and/or other materials specific to the proposal which will provide necessary information for staff to review the project.

E. The discussion at the preapplication conference shall not bind or prohibit the city’s future application or enforcement of applicable codes and ordinances. (Ord. 2006-13 § 1, 2006: Ord. 2001-10 § 1, 2001; Ord. 96-03 § 5, 1996)

2.16.040 Hearing examiner hearing and recommendation procedures.

Repealed by Ord. 96-03. (Ord. 93-02 § 1, 1993)

2.16.045 Application submittal requirements.

An application for a specific type of land use decision shall be filed with the appropriate department on forms prescribed by that department and shall include fees as required by resolution of the city council. Each application has specific submittal requirements which are described in the code section pertaining to the application. Additional requirements may be requested on the application form. (Ord. 96-03 § 6, 1996)

2.16.055 Determination of complete application.

A. A land use application shall be deemed complete when all submittal requirements, as specified in the applicable code provision or application forms, and all fees as required by resolution of the city council have been submitted to the appropriate department and the application is sufficient for processing, even though additional information may be required or subsequent project modifications may occur. The department director may waive specific submittal requirements that are determined by the director to be unnecessary for review of the application.

B. A determination of a complete application shall not preclude the department director from requesting additional information or studies, if new information is required to complete final review or if substantial changes in the application are proposed.

C. If a land use application is determined to be incomplete, the city shall request additional information in writing. The application may be canceled for inactivity if an applicant fails to respond to the department’s written request for revisions, corrections, or additional information within 60 days of the date of the request. The department director may extend the response period beyond 60 days if the applicant provides and adheres to an approved schedule with specific target dates for submitting the full revisions, corrections, or other information needed by the department. (Ord. 96-03 § 7, 1996)

2.16.057 Voiding of application due to inactivity.

A land use application, whether determined to be complete or incomplete, for which approval has not yet been granted, may be canceled for inactivity if an applicant fails to respond to the department’s written request for revisions, corrections, or additional information within 60 days of the request. The planning director may extend the response period beyond 60 days if within that time period the applicant provides and subsequently adheres to an approved schedule with specific target dates for submitting the full revisions, corrections, or other information needed by the requesting department. (Ord. 2004-12 § 1, 2004)

2.16.060 Fees.

A. Fees and charges payable to the city prior to issuance of a land use permit or approval, except impact fees, shall be paid in an amount established by ordinance or resolution as of the date on which the land use application is accepted, except as provided in subsections B and C of this section.

B. Fees and charges payable to the city prior to issuance of a building permit, including utility participation and connection charges but except impact fees and fees for which an hourly charge has been established, shall be paid in an amount established by ordinance or resolution as of the date of the permit application.

C. Fees and charges payable to the city in relation to the issuance of land use permits or approvals do not vest except as provided in this chapter. Hourly rate charges shall be imposed for all work done by the city on and after the effective date(s) of the hourly charges, at the rate in effect on the date that work is performed by the city. Hourly charges shall be in addition to any amounts previously collected relative to the permits, approvals, or actions for which hourly fees are either now or subsequently imposed except that amounts paid prior to the imposition of hourly charges shall be considered a nonrefundable deposit against future charges for the same permits or approvals. (Ord. 2000-51 § 3, 2000: Ord. 2000-41 § 1, 2000: Ord. 99-47 § 3, 1999: Ord. 98-25 § 1, 1998)

2.16.065 Permit coordinator.

The department director shall designate a department staff permit coordinator for each land use application submitted to the city. The permit coordinator will serve as the city representative to the applicant. (Ord. 96-03 § 8, 1996)

2.16.075 Application timeframes.

A. Final decisions on land use applications shall be issued within 120 days from the date the application is determined to be complete pursuant to BIMC 2.16.055; provided, that the final decisions on subdivision applications shall be issued within the time periods stated in BIMC 17.04.050, 17.12.106 and 17.16.120. Where there is a conflict in time periods of state statutes, the state statute with the more restrictive time period shall govern. The time period for making a final decision as established by this section may be extended for any reasonable period of time mutually agreed upon by the applicant and the city.

B. For purposes of calculating time periods and counting days of permit processing, the time period shall begin on the first day following the date the application is determined to be complete. The following periods shall be excluded from the 120-day period:

1. Any period during which the applicant has been requested by the city to correct plans, perform required studies, or provide additional information, in accordance with BIMC 2.16.055;

2. Any period during which an environmental impact statement is being prepared following a determination of significance pursuant to Chapter 43.21C RCW;

3. Any period during which an appeal or project permit is being reviewed; and

4. Any extension of time mutually agreed upon by the applicant and the city.

C. The time limits established by this section do not apply if a land use application includes one of the following:

1. An amendment to the comprehensive plan or an amendment to a land use development regulation;

2. Siting of an essential public facility as provided in RCW 36.70A.200;

3. An application substantially revised by the applicant, in which case the time period shall start from the date at which the revised project application is determined to be complete under BIMC 2.16.055; or

4. An application for a street vacation.

D. If the city is unable to issue its final decision on a land use application within the applicable time periods, the city shall provide written notice of this fact to the project applicant. The notice will include a statement of reasons why the time periods have not been met and an estimated date for issuance of the notice of final decision. (Ord. 2001-26 § 2, 2001: Ord. 96-03 § 9, 1996)

2.16.085 Notice requirements.

A. Types of Notifications. All applications, except those exempted in subsection G of this section, require the following notifications:

1. Notice of complete application;

2. Notice of application and public comment period;

3. Notice of public hearing, if a public hearing is required; and

4. Notice of decision and appeal period.

B. Notice of Complete Application.

1. Within 28 days after receiving a land use permit application, the department director shall either mail, fax, or otherwise provide to the applicant a written determination, stating either that the application is complete or that the application is incomplete and what is necessary to make the application complete.

2. If the application is determined to be incomplete, the department director will request additional information in writing.

3. Within 14 days after an applicant has submitted additional information identified by the department director as being necessary for a complete application, the department director shall notify the applicant whether the application is complete or what additional information is necessary.

4. If the department director does not provide a written determination as to whether the application is complete within the 28 days, the application shall be deemed complete as of the twenty-eighth day.

C. Notice of Application and Public Comment Period – Notice to Public.

1. Within 14 days of a notice of complete application, the department director shall issue a notice of application for a land use application subject to SEPA review and/or requiring a public hearing. The notice of application shall provide a minimum comment period of 14 days. For projects requiring review under the State Environmental Policy Act (SEPA), the SEPA threshold determination shall not be issued prior to the expiration of the notice of application comment period.

2. Method of Notice. The notice of application shall be provided to the public and other government agencies with jurisdiction over some aspect of the application by the following means:

a. Mailing written notice to adjoining property owners at addresses listed on the property tax records of Kitsap County;

b. Posting notice in the official posting places of the city;

c. Publishing notice in the official newspaper of the city; and

d. Posting the subject property in a manner prescribed by the city.

3. Notice of Application Contents. The notice of application shall contain the following information:

a. Date of application, date of notice of complete application, and date of notice of application;

b. Description of proposed project, location and street address if applicable;

c. Identification of requested permits, requested studies, other permits not included in the application and existing environmental documents pertaining to the proposal;

d. A statement of the date, time and place of any scheduled public hearing related to the application;

e. A statement of the 14-day comment period and any appeal rights;

f. Statements of the right for any person to comment on the application, receive notice of and participate in any public hearing, and request a copy of any decision; and

g. A statement of the preliminary determination, if any, of development regulations that will be used for project mitigation.

D. Notice of Public Hearing. Notice for an application requiring a public hearing shall provide in the following manner:

1. Time of Notice. The hearing examiner shall provide notice of the public hearing at least 15 days prior to the hearing or as otherwise provided by law.

2. Method of Notice. The hearing examiner shall provide notice of an appeal hearing as provided in subsections D.2.a through D.2.c of this section and shall provide public notice for any other public hearing by:

a. Posting notice in the official posting places of the city;

b. Publishing notice in the official newspaper of the city at least 14 days prior to the hearing or as otherwise provided by law;

c. Mailing the applicant and appellant, if applicable;

d. Mailing notice to the address listed on the property tax records of Kitsap County for property located within 300 feet of any boundary of the subject property and including any property within 300 feet of any contiguous property in the applicant’s ownership;

e. Mailing notice to any person who has submitted a written request for notice of the hearing; and

f. Posting the subject property in a manner prescribed by the city.

3. Public Hearing Notice Contents. The hearing examiner shall prepare notice of an upcoming public hearing on the application containing the following information:

a. Applicant, agent and project name;

b. Name and telephone number of the permit coordinator and name of the hearing examiner;

c. Hearing date, time and place;

d. Location of the proposal and street address if applicable;

e. Brief description of the proposal and requested permit;

f. Vicinity map;

g. Citation of the code section requiring public hearing;

h. SEPA determination, if applicable;

i. Procedures for public comment;

j. Appeal procedures when appropriate;

k. The decision being appealed and the name of the appellant, if applicable;

l. A brief description of the decision being appealed, if applicable; and

m. A statement of who may participate in the appeal, if applicable.

E. Notice of Decision and Appeal Period.

1. A notice of decision shall be issued upon a final decision on a land use application. Notice of decision shall include:

a. A statement indicating that the application is approved, approved with modifications, denied or remanded;

b. A statement of any conditions included as part of a decision for approval or approval with modifications;

c. A statement of facts upon which the decision, including any conditions, is based and the conclusions of law derived from those facts;

d. The SEPA threshold determination and mitigation conditions as specified in Chapter 16.04 BIMC, if applicable; and

e. Procedures for appeal under BIMC 2.16.130, if applicable.

2. The decision maker shall distribute the notice of decision by mail, fax, or personal service to the applicant, the applicable department director and any persons requesting notice or submitting comments on the application prior to the decision.

F. Combining Public Notices. If a land use application is subject to environmental review under Chapter 16.04 BIMC (Chapter 43.21C RCW) and requires a SEPA threshold determination, the SEPA public notice and notice of SEPA public comment period, if any, shall be combined with other land use application notices when possible. A combined notice shall include a statement that a single comment letter may be submitted to the SEPA official, addressing impacts as well as other issues subject to review under the decision criteria for the land use application.

G. Exemptions from Public Notice Requirements. The following land use applications do not require a notice of application and public comment period or notice of decision:

1. A building permit or other construction permit;

2. An administrative decision which is categorically exempt under SEPA (Chapter 43.21C RCW), unless the permit application procedures require a public comment period or public hearing. (Ord. 2003-25 § 1, 2003; Ord. 2003-07 § 3, 2003; Ord. 2001-41 § 1, 2001; Ord. 2000-36 § 1, 2000: Ord. 96-03 § 10, 1996)

2.16.095 Administrative decision procedures.

A. Applicability. This section applies each time a provision of this code authorizes administrative review of land use application.

B. State Environmental Policy Act. The State Environmental Policy Act (SEPA) and the Bainbridge Island SEPA ordinance (Chapter 16.04 BIMC) may also apply to actions processed under this section.

C. Participation in the Decision. Any person may comment on a proposed decision by submitting written comments on the application to the applicable department director prior to the end of the notice of application 14-day comment period for those applications not otherwise exempted under BIMC 2.16.085.G.

D. Decision Procedures. In making a decision, the department director shall consider the applicable decision criteria of this code, all other applicable law, and any necessary documents and approvals.

1. Environmental Review. For a land use application subject to Chapter 43.21C RCW and Chapter 16.04 BIMC, a SEPA threshold determination may be issued simultaneously with the final decision of the land use application.

2. Planning Commission Recommendation. When written public comments are received during the public comment period concerning the effect on the land use application of the comprehensive plan, shoreline master program or matters not addressed by specific provisions of this code, the director of planning and community development may request the planning commission to review an application and make a written recommendation prior to the director making a decision. The planning commission will consider the land use application at a public meeting.

a. The planning commission shall recommend approval, approval with modifications or denial of an application.

b. In making a recommendation, the planning commission shall consider the applicable decision criteria of this code, all other applicable law, and any necessary documents and approvals.

c. If the applicable criteria are not met, the planning commission shall recommend the proposal be modified or denied.

d. A planning commission recommendation is not a final decision and therefore there is no appeal of the recommendation.

3. Transmittal of Planning Commission Recommendation. The planning commission’s recommendation and other documents upon which its decision is based shall be immediately transmitted to the director of planning and community development.

4. Single Report. The department director shall prepare a single consolidated report setting forth all the recommendations and decisions made on the application as of the date of the report. The report shall state any mitigation required or proposed under the development regulations or as required through SEPA, Chapter 43.21C RCW. The report shall include the SEPA determination if a determination has not previously been issued.

E. Department Director Decision. The department director may approve, approve with modifications or deny the application based on the decision criteria, findings of fact, recommendations of the planning commission and design review board as appropriate, and any necessary documents and approvals.

F. Corrections or Clarification.

1. The department director may amend the decision at any time to correct clerical errors clearly identifiable from the public record. Such a correction does not affect any time limit provided for in this chapter.

2. The department director may clarify a statement in the written decision at any time as long as the clarification does not materially alter the decision.

G. Effect of Decision. Subject to the provisions of subsection H of this section, the decision of the department director is the final decision of the city.

H. Appeal of the Decision. The decision of the department director to approve or deny a land use application may be appealed to the hearing examiner in accordance with the procedures of BIMC 2.16.130; provided, that the decision of the department director to approve or deny any of the following land use applications may not be appealed to the hearing examiner:

1. Administrative decisions of the public works director; and

2. Sign permit. (Ord. 2004-12 § 2, 2004; Ord. 2003-52 § 2, 2003; Ord. 96-03 § 11, 1996; Ord. 93-02 § 1, 1993. Formerly 2.16.010)

2.16.100 Hearing examiner decision procedures.

A. Applicability. This section applies each time a provision of this code authorizes a public hearing before the hearing examiner and a final decision by the hearing examiner.

B. Purpose. The purpose of the public hearing is to review a proposed project for consistency with the Bainbridge Island Municipal Code, appropriate elements of the comprehensive plan and all other applicable law, and to provide an opportunity for the public to comment on the project and its compliance with the municipal code, the comprehensive plan and all other applicable law.

C. State Environmental Policy Act. The State Environmental Policy Act (SEPA) and the Bainbridge Island SEPA ordinance (Chapter 16.04 BIMC) may also apply to an action processed under this section.

D. Decision Procedures. Land use applications requiring a hearing examiner decision shall first be reviewed by the director of planning and community development as follows:

1. Environmental Review. For a land use application subject to Chapter 43.21C RCW and Chapter 16.04 BIMC, the SEPA threshold determination shall be issued and any required public comment period shall be completed prior to a public hearing.

2. Planning Commission Review and Recommendation. For all land use applications decided by the hearing examiner, when written public comments are received during the public comment period concerning the effect of the land use application on the comprehensive plan, the shoreline master program or matters not addressed by specific provisions of this code, the director of planning and community development or the hearing examiner may request planning commission review and recommendation prior to the final decision. The planning commission will consider the land use application at a public meeting.

a. The planning commission may recommend approval, approval with modifications or denial of an application.

b. In making a recommendation, the planning commission shall consider the applicable decision criteria of this code, all other applicable law, and any necessary documents and approvals.

c. If the applicable criteria are not met, the planning commission shall recommend the proposal be modified or denied.

d. A planning commission recommendation is not a final decision and therefore there is no appeal of the recommendation.

3. Transmittal of Planning Commission Recommendation. The planning commission’s written recommendation and other documents upon which its decision is based shall be immediately transmitted to the director of planning and community development and hearing examiner.

4. Single Report. The director of planning and community development shall prepare a single consolidated report setting forth all the recommendations and decisions made on the application as of the date of the report. The report shall state any mitigation required or proposed under the development regulations or as required by SEPA, Chapter 43.21C RCW and shall include the SEPA determination if a determination has not previously been issued. The report shall be presented to the hearing examiner at the public hearing.

E. Public Hearing. The hearing examiner shall hold a public hearing prior to issuing a decision. The hearing examiner shall maintain a record of the exhibits presented and a tape recording of the testimony and arguments presented, which shall be kept by the city clerk. Any rules of procedure for hearings adopted by the hearing examiner shall be kept on file with the office of the city clerk and the department of planning and community development.

F. Participation in the Public Hearing. Participation in the hearing will be in accordance with the following procedures:

1. Any person may participate in the public hearing. The hearing examiner has discretion to limit testimony to relevant, non-repetitive comments and to set time limits.

2. In making a decision, the hearing examiner shall consider the applicable decisions criteria of this code, all other applicable laws, recommendations of the planning commission and design review board, and any necessary documents and approvals.

G. Hearing Examiner Action.

1. The hearing examiner may approve, approve with modifications, deny or remand an application.

2. In making a decision, the hearing examiner shall consider the applicable decision criteria of this code, all other applicable law, and any necessary documents and approvals.

H. Notice of Decision of the Hearing Examiner. The hearing examiner shall issue a written decision in accordance with BIMC 2.16.085.E, within 20 working days of the public hearing, unless a longer period is agreed upon by the hearing examiner and the applicant. If the hearing examiner and the applicant agree on a longer period for issuance of the written decision, the examiner shall provide notice of the extension to the applicant, the city, and any person who testified at the hearing or submitted written testimony for consideration at the hearing. The hearing examiner shall file the decision with the city clerk’s office and distribute it in accordance with BIMC 2.16.085.E.2.

I. Continuation of Hearing. A hearing may be continued to a date certain without additional notice.

J. Motion for Reconsideration. A motion for reconsideration may be filed to correct obvious errors. Such motion shall be filed in writing 10 days from the date the hearing examiner’s decision was filed. Such motion shall be decided on the record unless, at the hearing examiner’s discretion, further public hearing is necessary. If a timely and appropriate request for reconsideration is filed, the appeal period shall begin from the date the decision on the reconsideration is issued.

K. Corrections or Clarification.

1. The hearing examiner at any time may amend the decision to correct clerical errors clearly identifiable from the public record. Such correction does not affect any time limit provided for in this chapter.

2. The hearing examiner may clarify a statement in the written decision as long as the clarification does not materially alter the decision.

L. Effect of Decision. The decision of the hearing examiner shall be final unless, within 21 days after issuance of a decision, a person with standing appeals the decision in accordance with Chapter 36.70C RCW. (Ord. 2004-12 § 3, 2004; Ord. 2003-52 § 3, 2003; Ord. 2003-25 § 2, 2003; Ord. 2003-07 § 4, 2003: Ord. 2001-26 § 3, 2001; Ord. 96-03 § 15, 1996; Ord. 93-02 § 1, 1993. Formerly 2.16.050)

2.16.110 City council decision procedures.

A. Applicability. This section applies each time a provision of this code authorizes a final decision by the city council for a land use application.

B. State Environmental Policy Act. The State Environmental Policy Act (SEPA) and the Bainbridge Island SEPA ordinance, Chapter 16.04 BIMC, may also apply to actions processed under this section.

C. Decision Procedures. A land use application requiring a city council decision shall be reviewed as follows:

1. Environmental Review. For a land use application subject to Chapter 43.21C RCW and Chapter 16.04 BIMC, the SEPA threshold determination shall be issued and comment period shall be completed prior to a public hearing.

2. Hearing Examiner Recommendation. A land use application requiring a city council decision also provides opportunity for the hearing examiner to make a recommendation to the city council prior to the final decision.

3. The hearing examiner will consider the land use application at a public hearing following the procedures of BIMC 2.16.100.D through J.

4. Transmittal of Hearing Examiner Recommendation to City Council. The hearing examiner’s written recommendation and other documents upon which the decision is based shall be immediately transmitted to the director of planning and community development and city council.

5. Single Report. The hearing examiner shall prepare a single consolidated report setting forth all the recommendations and decisions made on the application as of the date of the report. The report shall state any mitigation required or proposed under the development regulations or as required by SEPA, Chapter 43.21C RCW, and shall include the SEPA determination if a determination has not previously been issued. The report shall be presented to the city council.

D. City Council Public Meeting. The city council shall hold a public meeting to consider the land use application prior to issuing a decision. Notice of city council consideration of recommendations from the hearing examiner shall be posted in the official posting places of the city.

E. City Council Action.

1. Elements to be Considered. The city council shall consider the following in deciding upon an application:

a. The contents of the application;

b. The minutes of any public hearing on the application and any written material submitted as part of the public hearing process;

c. The recommendation of the applicable department director;

d. The recommendation of the hearing examiner; and

e. The decision criteria listed in each section of this code under which the application was made.

2. City Council Decision. The city council shall take one of the following actions:

a. Adopt an ordinance or resolution, including findings of fact and conclusions of law, approving the proposal;

b. Adopt an ordinance or resolution, including findings of fact and conclusions of law, approving the proposal with modifications;

c. Adopt an ordinance or resolution, including findings of fact and conclusions of law, denying the proposal; or

d. Refer the proposal back to the hearing examiner for further proceedings.

F. Appeal of a City Council Decision. The decision of the city council shall be final unless, within 21 days after issuance of a decision, a person with standing appeals the decision in accordance with Chapter 36.70C RCW. (Ord. 96-03 § 16, 1996)

2.16.120 Consolidated project review.

A. An applicant for a single project proposal requiring more than one land use application may choose to follow the consolidated project review process. The procedures include consolidation of various land use applications, public notification of an application and opportunity for public comment prior to a final decision. Any combination of land use applications not otherwise exempted may be processed under the consolidated project review process.

B. Exemptions. The following land use applications are exempted from consolidated project review: boundary line adjustment, building and other construction permits and similar administrative decisions which are exempt from SEPA.

C. Procedures. A consolidated project permit application shall follow the application and notice procedures which require the most extensive review and decision process.

1. Environmental Review. For a consolidated land use application subject to Chapter 43.21C RCW and Chapter 16.04 BIMC, the SEPA threshold determination shall be issued and any required public comment period shall be completed prior to a public hearing.

2. Planning Commission or Hearing Examiner Recommendation. If a planning commission recommendation is required for any related consolidated land use application, the planning commission shall consider the land use application at a public meeting in accordance with BIMC 2.16.095.D.2. If a hearing examiner recommendation is required for any related consolidated land use application, the hearing examiner will consider the land use application at a public hearing in accordance with BIMC 2.16.100.D through J.

3. Public Hearing. If a public hearing is required for any of the related land use applications of a consolidated project, the public hearing shall combine all the applicable permit application requests.

a. Related applications requiring a public hearing shall be considered at only one public hearing.

b. If the SEPA threshold determination is appealed for a proposal under the consolidated project review process, the SEPA appeal hearing shall be combined with the public hearing for the consolidated project application. (Ord. 96-03 § 17, 1996)

2.16.130 Appeal procedures – Appeal of an administrative decision to the hearing examiner.

A. Applicability. This section is applicable to all hearings conducted in response to appeals of administrative decisions, departmental rulings and interpretations made in accordance with administrative review procedures of BIMC 2.16.095 and administrative decisions made under BIMC 1.26.070. Appeals of decisions made in accordance with Chapter 16.04 BIMC, the city’s SEPA rules, shall be made according to the procedures in that chapter and shall be combined with an appeal hearing as specified in subsection E of this section.

B. Form of the Appeal.

1. An appeal of an administrative decision shall be filed with the city clerk 14 days after the date of the decision or 21 days if the land use decision requires a SEPA threshold determination public comment period pursuant to WAC 197-11-340, or within a time frame otherwise specified by law.

2. All appeals shall be filed in writing with the city clerk, shall identify the decision appealed and the date of the decision, and shall contain a summary of the grounds for the appeal.

3. The appropriate fee as established by city resolution must be paid upon filing of the notice of appeal. No appeal will be processed without receipt of the appropriate fee before expiration of the period for filing the appeal.

4. Following receipt of a notice of appeal and payment of the appropriate fee, a public hearing shall be set by the hearing examiner.

5. All written comments and related documents received prior to the appeal hearing shall be transmitted to the hearing examiner no later than the hearing date.

6. Any rules of procedure for appeal hearings adopted by the hearing examiner shall be kept on file with the office of the city clerk and the department of planning and community development, and shall be provided to any person filing an appeal.

C. Content of Appeal. Appeal hearings shall be limited to the issues specified in the written appeal.

D. Continuation of Hearing. A hearing may be continued to a date certain without additional notice.

E. Appeal Hearing. The appeal shall be heard at an open record public hearing. Participation in an appeal hearing is limited to the applicant, the applicant’s representative, the appellant, the appellant’s representative, appropriate city staff and consultants, any witnesses called by each and any nonparty who submitted written comments during the public comment period if the hearing examiner determines that the testimony will be relevant to the issue on appeal and nonrepetitive of the testimony of other witnesses.

F. Decision on the Appeal.

1. Hearing. In considering appeals, the hearing examiner shall do one of the following:

a. Affirm the decision;

b. Reverse the decision;

c. Affirm the decision with modifications; or

d. Remand the decision to the department director for further consideration. The hearing examiner shall include in the order the issues to be reviewed on remand.

2. Standard of Review. Upon completion of the appeal hearing the hearing examiner shall render a decision, in accordance with subsection F.4 of this section, giving substantial weight to the decision of the department director.

3. Conditions. The hearing examiner may include conditions as part of a decision granting, or granting with modifications an appeal to ensure conformance with this code, the city’s comprehensive plan and other applicable laws or regulations.

4. Written Decision. Within 20 working days after completion of the public hearing unless the appellant and the hearing examiner have consented to an extension of time, the hearing examiner shall issue a written decision on the appeal which contains the following:

a. The decision of the hearing examiner granting or denying the appeal in whole or in part;

b. Any conditions included as part of the decision on the appeal;

c. Findings of facts upon which the decision, including any conditions, is based and the conclusions of law derived from those facts; and

d. A statement of the right of a person with standing to appeal the decision of the hearing examiner in accordance with Chapter 36.70C RCW.

5. Distribution. The hearing examiner or designee body shall mail a copy of the written decision to the applicant, the appellant, the applicable department director, and any person requesting the written decision or who submitted substantive comments on the application prior to the decision.

6. Appeal of the Decision of the Hearing Examiner. The decision of the hearing examiner shall be final unless, within 21 days after issuance of a decision, a person with standing appeals the decision in accordance with Chapter 36.70 RCW. (Ord. 2003-07 § 5, 2003; Ord. 2001-02 § 15, 2001; Ord. 96-03 § 18, 1996; Ord. 94-35 § 1, 1995; Ord. 93-02 § 1, 1993. Formerly 2.16.060)

2.16.140 Appeal procedures – Appeal of a hearing examiner decision to the city council.

Repealed by Ord. 2003-25. (Ord. 96-03 § 19, 1996; Ord. 94-35 § 2, 1995. Formerly 2.16.070)

2.16.150 Review procedures under Chapters 2.16 and 2.18 BIMC.

Application Type	Administrative	Planning Commission	Hearing Examiner	City Council
SEPA	D		A
Site plan and design review LM and BP site design	D   D	(R)   R	A   A
CUP – Administrative	D	(R)	A
CUP – Regular		(R)	D
Variance – Administrative	D	(R)	A
Variance – Regular		(R)	D
Shoreline SSDP and variance	D	(R)	A
Shoreline variance and CUP		(R)	D/R to DOE
Short plat	D		A
PUD		(R)	R	D
Subdivision			R	D
Rezone			R	D
Rezone – Legislative		R		D
D = Decision A = Appeal R = Recommendation (R) = Recommendation upon request Note: The comprehensive plan amendment process is located in Chapter 18.117 BIMC and is not affected by this chapter.

(Ord. 2003-25 § 3, 2003: Ord. 99-30 § 1, 1999: Ord. 96-03 § 20, 1996)

Chapter 2.18
LEGISLATIVE REVIEW PROCEDURES

Sections:

2.18.010 Purpose and applicability.

2.18.020 Planning commission review and recommendation.

2.18.030 City council review.

2.18.010 Purpose and applicability.

This chapter applies to amendments to the comprehensive plan, zoning code, the Bainbridge Island official zoning map, and area-wide rezones initiated by the city. (Ord. 2006-13 § 2, 2006: Ord. 96-03 § 21, 1996)

2.18.020 Planning commission review and recommendation.

A. Public Hearing. The planning commission shall hold a public hearing for all amendments to the comprehensive plan, official zoning map and zoning code of the city prior to issuing a recommendation to the city council.

1. Notice of Public Hearing. The date, time and place of any scheduled hearing shall be provided to the public by the following means:

a. Publishing notice in the official newspaper of the city at least eight calendar days prior to the public hearing.

b. Posting notice in the official posting places of the city.

2. Participation in the Public Hearing.

a. Any person may participate in the public hearing. The planning commission has discretion to limit testimony to relevant, nonrepetitive comments and to set time limits.

b. Any person may submit written comments, photographs or other exhibits on the proposed amendment to the planning commission prior to or at the public hearing.

c. The planning commission shall maintain a record of the exhibits presented and a tape recording of the testimony and arguments presented, which shall be kept by the city clerk.

B. Planning Commission Action and Written Recommendation.

1. In making a recommendation, the planning commission shall consider applicable decision criteria of this code, all applicable law, and any necessary documents and approvals.

2. The planning commission shall issue a written recommendation which contains the following:

a. A statement indicating that the proposed amendment is approved, approved with modifications or denied; and

b. A statement of facts upon which the recommendation is based and the conclusions derived from those facts.

C. Transmittal to City Council. The planning commission’s written recommendation and other documents upon which its decision is based shall be immediately transmitted to the city council and department director. (Ord. 2006-13 § 3, 2006: Ord. 2001-26 § 4, 2001: Ord. 96-03 § 21, 1996)

2.18.030 City council review.

A. Public Hearing. The city council may hold a public hearing to consider the proposed amendment prior to issuing a decision.

1. Participation in the Public Hearing.

a. Any person may participate in the public hearing. The city council has discretion to limit testimony to relevant, nonrepetitive comments and to set time limits.

b. Any person may submit written comments, photographs or other exhibits on the proposed amendment to the city council prior to or at the public hearing.

c. The city council shall maintain a record of the exhibits presented and a tape recording of the testimony and arguments presented, which shall be kept by the city clerk.

B. City Council Action.

1. Elements to Be Considered. The city council shall consider the following in deciding upon a proposed amendment:

a. The contents of the amendment;

b. The minutes on any public hearing on the proposed amendment and any written material submitted as part of the public hearing process;

c. The recommendation of the planning commission and applicable department director;

d. Any applicable decision criteria.

2. City Council Decision. The city council shall adopt an ordinance or refer the proposal back to the planning commission for further proceedings. (Ord. 96-03 § 21, 1996)

Chapter 2.19
LAND USE MEDIATION

Sections:

2.19.010 Purpose.

2.19.020 Applicability.

2.19.030 Mediation procedures.

2.19.040 Mediated agreement.

2.19.050 Findings and report.

2.19.010 Purpose.

A. Land use mediation is an optional, voluntary method for resolution of contested land use applications and code enforcement. Through mediation, disputes may be resolved in a manner which is less formal and more conciliatory than the formal appeal process. Use of mediation, however, does not alter any rights to an administrative or judicial appeal.

B. The goals of mediation are:

1. Provide a mechanism to identify issues and affected and responsible parties;

2. Provide a mechanism for parties to develop reasonable alternative resolutions; and

3. Provide a means for facilitating the resolution of disputed land use applications and code enforcement.

C. The mediation process should result in a recommendation to the decision-making body in the form of a mediation agreement consistent with the comprehensive plan, adopted codes and ordinances and the general public interest. (Ord. 96-03 § 22, 1996)

2.19.020 Applicability.

This chapter shall apply to all disputed land use applications and code enforcement.

A. Who May Request. Mediation may be requested by responsible or directly affected parties to the dispute, the department director, the planning commission, the hearing examiner, or the city council. Time constraints of the project review process as set forth in BIMC 2.16.075 may be waived by the applicant to accommodate mediation proceedings.

B. When May Mediation Occur. Mediation may occur at any stage in the project review process prior to the close of a public hearing.

1. If mediation is initiated during the public hearing, the hearing shall be continued in accordance with the hearing procedures for that decision body.

2. Mediation of code enforcement may occur prior to the initiation of legal action by the city. (Ord. 96-03 § 22, 1996)

2.19.030 Mediation procedures.

Upon request for a mediation process, the department director shall designate a mediator in accordance with subsection B of this section. The mediator will set a mediation meeting date and notify the interested parties.

A. Use of mediation shall not alter any rights to an administrative or judicial appeal.

B. Mediator.

1. All disputes shall be meditated by a mediator who understands Washington State growth management issues, has mediation experience and is acceptable to all the parties. Mediators shall be guided by the standards of practice of mediation of the American Bar Association. Compensation for the mediator shall be provided by the parties at the mediator’s standard rate, or as negotiated by the parties, or by the city through a mediation compensation process adopted by resolution of the city council.

2. If one or more of the parties declares a loss of confidence in the mediator during the mediation, the mediation may be terminated upon agreement by the parties, or may continue after another mediator receives mutual approval.

C. Mediator’s Powers and Functions.

1. The mediator is the facilitator of decision-making among the various parties to the dispute. As such the mediator will:

a. Assist the parties in developing procedures for conducting the negotiations, including ground rules, schedule of meetings, identification of essential parties, and identification of spokespersons for parties;

b. Request additional information from any party to the mediation and from any government official or body; and

c. Maintain mediator confidentiality throughout and subsequent to the process.

2. By participating in a mediation, the participants agree that all mediation sessions are confidential settlement negotiations, and that all offers, promises, conduct and statements, whether written or oral, made in the course of the mediation are inadmissible in any litigation or arbitration of the dispute, to the extent allowed by law.

D. Mediation Meeting. The mediator is authorized to have the following types of meetings:

1. Meetings with any and all participants;

2. Plenary sessions in which any and all participants participate;

3. Individual sessions as deemed necessary by the mediator; or

4. A final meeting to review and sign the mediation agreement. (Ord. 96-03 § 22, 1996)

2.19.040 Mediated agreement.

If at the conclusion of the mediation all parties agree to a resolution of the dispute, the parties will all sign a mediated agreement which will be forwarded to the appropriate body for consideration and official approval. (Ord. 96-03 § 22, 1996)

2.19.050 Findings and report.

At the conclusion of the mediation, the mediator will prepare a report. If the mediation is not successful, the report may be issued only on approval of all parties. The report will describe the issues that are in contention, identify the areas of agreement, and maintain as confidential information that the parties have requested be kept confidential. The report shall be reviewed by and be acceptable to all parties prior to transmittal to the decision authority. The purpose of this information is to help the decision authority to move expeditiously. (Ord. 96-03 § 22, 1996)

Chapter 2.20
MUNICIPAL COURT

Sections:

2.20.010 Court established.

2.20.015 Court of record.

2.20.020 Jurisdiction.

2.20.030 Judges – Appointment – Qualifications.

2.20.040 Salaries and costs.

2.20.050 Municipal court employees.

2.20.060 Judges pro tem.

2.20.070 Judicial vacancy.

2.20.080 Municipal court hours.

2.20.090 Sentences.

2.20.100 Deferral and suspension of sentences.

2.20.110 Complaints.

2.20.120 Pleadings, practice and procedure.

2.20.130 Case transfers.

2.20.140 Court seal.

2.20.150 Removal of judge.

2.20.160 Civil jury trials.

2.20.170 Criminal process.

2.20.180 Savings.

2.20.010 Court established.

There is established a municipal court entitled “The Municipal Court of the City of Bainbridge Island,” hereinafter referred to as “municipal court,” which court shall have jurisdiction and shall exercise all powers enumerated herein and in Chapter 3.50 RCW, as presently existing or hereafter amended, together with such other powers and jurisdiction as are generally conferred upon such court in this state either by common law or by express statute. (Ord. 94-19 § 1, 1994; Ord. 84-16 § 2, 1984)

2.20.015 Court of record.

The Bainbridge Island municipal court shall herewith be designated a court of record under the statutes and court rules of the state of Washington, pursuant to Article 4, Section 11, of the Constitution of the state of Washington, RCW Section 2.04.190, RCW Sections 3.02.020 through 3.02.040, RCW Section 3.50.010, and the Rules of Court, RALJ 5.1 through 6.4. Furthermore, the Bainbridge Island municipal judge shall be an attorney. (Ord. 88-19 § 1, 1988: Ord. 88-15 § 1, 1988)

2.20.020 Jurisdiction.

The municipal court shall have exclusive original jurisdiction over traffic infractions arising under city ordinances and exclusive original criminal jurisdiction of all violations of city ordinances duly adopted by the city. The municipal court shall have original jurisdiction of all other actions brought to enforce or recover license penalties or forfeitures declared or given by such ordinances or by state statutes. The municipal court is empowered to forfeit cash bail or bail bonds and issue execution thereon; and in general to hear and determine all causes, civil or criminal, including traffic infractions, arising under such ordinances and to pronounce judgment in accordance therewith. (Ord. 84-16 § 3, 1984)

2.20.030 Judges – Appointment – Qualifications.

A. The municipal judge holding office on July 1, 1984, the effective date of the ordinance codified in this chapter, shall continue to hold office until expiration of his or her term or January 1, 1986, whichever occurs first. The term of a successor shall commence on January 1, 1986, and/or January 1st of each fourth year thereafter, pursuant to appointment as provided below.

B. The municipal judge shall be appointed by the mayor, subject to confirmation by the city council, for a term of four years. Appointments shall be made on or before December 1st of the year next preceding the year in which the term commences.

C. A person appointed as municipal judge shall be a citizen of the United States of America and of the state of Washington; and an attorney admitted to practice law before the courts of record of the state of Washington. (Ord. 84-16 § 4, 1984)

2.20.040 Salaries and costs.

The salary of the municipal court judge shall be fixed by ordinance. All costs of operating the municipal court, including, but not limited to, salaries of judges and court employees, dockets, books of records, forms, furnishings and supplies, shall be paid wholly out of the funds of the city. The city shall provide a suitable place for holding court and pay all expenses of maintaining it. (Ord. 84-16 § 5, 1984)

2.20.050 Municipal court employees.

All employees of the municipal court shall, for all purposes, be deemed employees of the city. They shall be appointed by and serve at the pleasure of the municipal judge. (Ord. 84-16 § 6, 1984)

2.20.060 Judges pro tem.

The mayor shall, in writing, appoint judges pro tem who shall act in the absence or disability of the regular judge of the municipal court or subsequent to the filing of an affidavit of prejudice. The judge pro tem shall be qualified to hold the position of judge of the municipal court as provided herein. The judge pro tem shall receive such compensation as shall be fixed by ordinance. The term of the appointment shall be specified in writing but in any event shall not extend beyond the term of the appointing mayor. (Ord. 84-16 § 7, 1984)

2.20.070 Judicial vacancy.

Any vacancy in the municipal court due to a death, disability or resignation of a municipal court judge shall be filled by the mayor for the remainder of the unexpired term. The appointment shall be subject to confirmation of the city council. The appointed judge shall be qualified to hold the position of judge of the municipal court as provided in this chapter. (Ord. 84-16 § 8, 1984)

2.20.080 Municipal court hours.

The municipal court shall be open and shall hold such regular and special sessions as may be prescribed by the municipal court judge, provided, that the municipal court shall not be open on nonjudicial days. (Ord. 84-16 § 9, 1984)

2.20.090 Sentences.

A. In all cases of conviction, unless otherwise provided in RCW Chapters 3.30 through 3.74, as now or hereafter amended, where a jail sentence is given to the defendant, execution shall issue accordingly and where the judgment of the court is that the defendant pay a fine and costs, the defendant may be committed to jail until the judgment is paid in full.

B. A defendant who has been committed shall be discharged upon the payment for such part of the fine and costs as remains unpaid after deducting from the whole amount any previous payment, and after deducting the amount allowed for each day of imprisonment, which amount shall be the same and computed in the same manner as provided for superior court cases in RCW 10.82.030 and 10.82.040, as now or hereafter amended. In addition, all other proceedings in respect of such fine and costs shall be the same as in like cases in the superior court.

C. Every person convicted by the municipal court of a violation of the criminal provisions of an ordinance for which no punishment is specifically prescribed in the ordinance shall be punished by a fine of not more than $5000 or imprisonment in the city jail for a period not to exceed one year, or both such fine and imprisonment. (Ord. 84-16 § 10, 1984)

2.20.100 Deferral and suspension of sentences.

A. After a conviction, the court may defer sentencing and place the defendant on probation and prescribe the conditions thereof, but in no case shall it extend for more than two years from the date of conviction. Any defendant placed on probation shall pay a fee to the city in the amount established by the city by resolution. During the time of the deferral, the court may, for good cause shown, permit a defendant to withdraw the plea of guilty, permit the defendant to enter a plea of not guilty, and dismiss the charges.

B. For a period not to exceed two years after imposition of sentence, the court shall have continuing jurisdiction and authority to suspend the execution of all or any part of the sentence upon stated terms, including installment payment of fines.

C. Deferral of sentence and suspension of execution of sentence may be revoked if the defendant violates or fails to carry out any of the conditions of the deferral or suspension. Upon the revocation of the deferral or suspension, the court shall impose the sentence previously suspended or any unexecuted portion thereof. In no case shall the court impose a sentence greater than the original sentence, with credit given for time served and money paid on fine and costs.

D. Any time before entering an order terminating probation, the court may revoke or modify its order suspending the imposition or execution of the sentence. If the ends of justice will be served and when warranted by the reformation of the probationer, the court may terminate the period of probation and discharge the person so held. (Ord. 92-24 § 10, 1992: Ord. 84-16 § 11, 1984)

2.20.110 Complaints.

All criminal prosecutions for the violation of a city ordinance shall be conducted in the name of the city and may be upon the complaint of any person. (Ord. 84-16 § 12, 1984)

2.20.120 Pleadings, practice and procedure.

Pleadings, practice and procedure in cases not governed by statutes or rules specifically applicable to municipal courts shall, insofar as applicable, be governed by the statutes and rules now existing or hereafter adopted governing pleadings, practice and procedure applicable to district courts. (Ord. 84-16 § 13, 1984)

2.20.130 Case transfers.

A transfer of a case from the municipal court to either another municipal judge of the same city or to a judge pro tempore appointed in the manner prescribed by this chapter shall be allowed in accordance with RCW 3.66.090 in all civil and criminal proceedings. (Ord. 84-16 § 14, 1984)

2.20.140 Court seal.

The municipal court shall have a seal which shall be the vignette of George Washington, with the words “Seal of The Municipal Court of Bainbridge Island, State of Washington,” surrounding the vignette. (Ord. 84-16 § 15, 1984)

2.20.150 Removal of judge.

A municipal judge shall be removed only upon conviction of misconduct or malfeasance in office, or because of physical or mental disability rendering the judge incapable of performing the duties of the office. Any vacancy in the municipal court due to death, disability or resignation of the municipal court judge shall be filled by the mayor, for the remainder of the unexpired term. The appointment shall be subject to confirmation by the city council. The appointed judge shall be qualified to hold the position of judge of the municipal court as provided in this chapter and RCW Chapter 3.50, as amended by Chapter 258, Laws of 1984. (Ord. 84-16 § 16, 1984)

2.20.160 Civil jury trials.

In all civil cases, the plaintiff or defendant may demand a jury, which shall consist of six citizens of the state who shall be impaneled and sworn as in cases before district courts, or the trial may be by a judge of the municipal court; provided, that no jury trial may be held on a proceeding involving a traffic infraction. A party requesting a jury shall pay to the court a fee which shall be the same as that for a jury in district court. If more than one party requests a jury, only one jury fee shall be collected by the court. The fee shall be apportioned among the requesting parties. Each juror shall receive $10.00 for each day in attendance upon the municipal court, and in addition thereto shall receive mileage at the rate determined under RCW 43.03.060. (Ord. 84-16 § 17, 1984)

2.20.170 Criminal process.

All criminal process issued by the municipal court shall be in the name of the state and run throughout the state, and be directed to and served by the chief of police, marshal, or other police officer of any city or to a sheriff in the state. (Ord. 84-16 § 18, 1984)

2.20.180 Savings.

The enactments of this chapter shall not affect any case, proceeding, appeal or other matter pending in the municipal court or in any way modify any right or liability, civil or criminal, which may be in existence on the effective date of this chapter and RCW Chapter 3.50, as amended by Chapter 258, Laws of 1984. (Ord. 84-16 § 19, 1984)

Chapter 2.24
POLICE RESERVE

Sections:

2.24.010 Established – Appointment of members – Supervision.

2.24.020 Membership – Application and qualifications.

2.24.030 Membership – Identification card and police badge.

2.24.040 Membership – Revocation or resignation.

2.24.050 Duties.

2.24.060 Powers.

2.24.070 Compensation.

2.24.080 Compensation while on temporary full-time duty.

2.24.010 Established – Appointment of members – Supervision.

The city creates and establishes a police reserve force to provide and make available additional manpower to assist the regular police force within the city in the protection of life and property. The members of the police reserve force shall be appointed by the chief of police of the city with the concurrence of the mayor. The Bainbridge Island police reserve force shall function as a unit under the supervision of the chief of police and/or his designated subordinate. (Ord. 78-34, 1978: Ord. 76-05 § 1, 1976)

2.24.020 Membership – Application and qualifications.

Each applicant must file an application with the chief of police, indicate his willingness to serve an average or minimum of 18 hours per month in the public service, meet the qualification and requirements prescribed for membership in the police reserve force, complete any training program created by the city and be appointed by the chief of police, with the concurrence of the mayor, take an oath of office and be sworn in. Members of the police reserve force are to be citizens of the United States, trustworthy, and of good moral character, and not have been convicted of a felony or any offense involving moral turpitude. (Ord. 76-05 § 3, 1976)

2.24.030 Membership – Identification card and police badge.

The chief of police is authorized to furnish each member of the police reserve force with membership identification card and police badge. A membership identification card is to be carried by such member at all times, and the police badge is to be worn only when the reserve policeman is authorized to wear the prescribed uniform. (Ord. 76-05 § 3, 1976)

2.24.040 Membership – Revocation or resignation.

Membership of any person in the police reserve force may be revoked at any time by the chief of police. Any member of the police reserve force may resign upon written notification to the chief of police or his designated subordinate. Upon separation from the organization, all equipment issued to him by the city must be returned within 24 hours. No member of the police reserve force shall be regarded as a city employee for any purpose subject to civil service rules and regulations, nor shall any member of the police reserve force be entitled to the benefits of any police pension fund act. (Ord. 76-05 § 3, 1976)

2.24.050 Duties.

The duties of the police reserve force are to supplement the regular police force in their ordinary duties for the protection of life, property and preservation of peace and order. In addition, the police reserve force will aid in the control of traffic and maintenance of order at parades and generally policing of large assemblies of people, and in the event of a declared emergency shall assist the regular police in all ways deemed necessary by the chief of police and/or his designated subordinate. (Ord. 76-05 § 2, 1976)

2.24.060 Powers.

Members of the police reserve force shall have all those powers vested in them by the chief of police while in the performance of officially authorized duties, including such powers to make arrest as any police officer of the city, but under no circumstances shall the police reserve officer exercise any power while not in the performance of duties ordered by the chief of police or by his designated subordinate. (Ord. 76-05 § 4, 1976)

2.24.070 Compensation.

Members of the police reserve force shall serve without compensation except as provided herein, but the city may in its discretion pay all or part of the cost of furnishing uniforms and equipment and any premiums required by the state industrial insurance program. (Ord. 76-05 § 5, 1976)

2.24.080 Compensation while on temporary full-time duty.

In the event it is deemed necessary by the chief of police, with the concurrence of the mayor, that one or more officers of the police reserve force be requested to and agree to provide not less than 20 hours per week of police duty, the chief of police shall designate the officer, prescribe the hours and shifts of work and any special powers that may be necessary because of the increased time involved. Under such circumstances the police reserve officer shall be compensated by the city at the same rate per hour as is then paid beginning patrolmen with the city. Such temporary full-time duty shall not be extended beyond three months in any one year. (Ord. 76-05 § 6, 1976)

Chapter 2.28
POLICE CIVIL SERVICE

Sections:

2.28.010 System adopted.

2.28.020 Applicability.

2.28.030 Civil service commission – Created – Composition – Appointments, terms and vacancy filling.

2.28.040 Civil service commission – Administration and performance of duties.

2.28.050 Employment, advancement and vacancy filling in police department.

2.28.060 Appointing power.

2.28.070 Continuation of existing rules and regulations.

2.28.010 System adopted.

Except as provided in this chapter, the city adopts a civil service system as set forth in RCW Chapter 41.12 (Laws of 1937, Chapter 13) for the police department of the city, and all full-time paid employees therein, and all advancements, demotions, suspensions, discharges or control thereof, and of the members thereof, shall be under the control of and governed by civil service rules prescribed in or adopted pursuant to RCW Chapter 41.12 as if the same may have been heretofore or may be hereafter amended. (Ord. 76-15 § 1, 1976)

2.28.020 Applicability.

The provisions of this chapter shall be applicable to only full-time employees employed by the city after the effective date of the ordinance codified in this chapter. (Ord. 76-15 § 3, 1976)

2.28.030 Civil service commission – Created – Composition – Appointments, terms and vacancy filling.

There is created for the administration of such civil service for the police department, a civil service commission composed of three members who shall be appointed by the mayor of the city with the concurrence of the city council. Term of office of such civil service commission shall be six years, and the present civil service commissioners shall serve in said position until expiration of their existing terms of office, resignation or removal. In the event any civil service commissioner resigns, becomes disqualified or is removed for cause, another commissioner shall be appointed to take his place for the unexpired portion of the term. (Ord. 76-15 § 2, 1976)

2.28.040 Civil service commission – Administration and performance of duties.

The commission shall organize itself, hold meetings, adopt rules and regulations, and perform the duties and exercise the powers of the commission in accordance with the provisions of state law. (Ord. 76-15 § 4, 1976)

2.28.050 Employment, advancement and vacancy filling in police department.

All applicants for employment with, advancement in, or the filling of a vacancy in, the police department of the city shall be required to have specified qualifications, have tenure of office, and be subject to removal, as provided in the civil service regulations adopted by the commission consistent with the law of the state, except that in the employment, advancement and filling of vacancies in the department, the commission shall certify to the appointing power the names of the three persons highest on the eligible list for the class (or the list held appropriate for such class) to which the vacant position has been allocated, or willing to accept employment, the appointing power shall select one of the three persons to be appointed to the available position. (Ord. 76-15 § 5, 1976)

2.28.060 Appointing power.

The appointing power for the position of the chief of police shall be the mayor of the city with the concurrence of the city council. All other positions shall be appointed by the chief of police but only with the concurrence of the mayor of the city. (Ord. 76-15 § 6, 1976)

2.28.070 Continuation of existing rules and regulations.

Any rules and regulations adopted by the existing civil service commission pursuant to Ordinance 70-8 are deemed in full force and effect until amended or repealed by the civil service commission. (Ord. 76-15 § 7, 1976)

Chapter 2.32
PARK ADVISORY COMMITTEE

Sections:

2.32.010 Definitions.

2.32.020 Created – Membership, appointment, compensation and term.

2.32.025 Vacancies – Removal.

2.32.040 Organization.

2.32.050 Powers and duties.

2.32.010 Definitions.

As used in this chapter, “park” means land used for public recreational purposes, including landscaped tracts, picnic grounds, playgrounds, athletic fields, recreational centers, trails and pathways, mini-parks and recreational facilities for the use and benefit of the public, including municipal buildings in those facilities. (Ord. 99-43 § 2, 1999)

2.32.020 Created – Membership, appointment, compensation and term.

A. There is created a park advisory committee for the city, hereinafter referred to as the committee. The committee shall consist of five voting members who shall be appointed by the mayor and confirmed by vote of the city council. The members shall not be officers or employees of the city and shall be residents of the city. Additionally, a member of the city council shall serve as an ex officio, nonvoting member of the committee.

B. The members of the committee shall serve without compensation and shall initially be appointed for staggered terms as follows: two of the original members shall be appointed and confirmed for one-year terms, two of the original committee members shall be appointed and confirmed for two-year terms, and one member shall be appointed for a three-year term. The terms for all subsequent annually appointed members shall be three years.

C. A member may be re-appointed, and shall hold office until his or her successor has been appointed and has qualified. Members may be removed by the mayor upon consent of the city council. (Ord. 99-70 § 1, 1999; Ord. 99-43 § 2, 1999)

2.32.025 Vacancies – Removal.

In the event of a vacancy, the mayor, subject to confirmation of the city council, shall make an appointment to fill the unexpired portion of the term of the vacated position. (Ord. 99-43 § 2, 1999)

2.32.040 Organization.

The mayor shall appoint annually one member of the committee to serve as chairperson for a one-year term. In making an appointment of the chairperson, the mayor shall take into consideration recommendations made by committee. The committee shall adopt such rules and regulations as are necessary to accomplish the duties prescribed in BIMC 2.34.050, and consistent with other provisions of this chapter. These rules and regulations shall be placed on file with the city clerk. Necessary supplies and support staff shall be provided by the city consistent with available resources. (Ord. 99-43 § 2, 1999)

2.32.050 Powers and duties.

The committee shall act in an advisory capacity to the mayor and city council with respect to park matters. The committee shall forward any recommendations to the planning commission for review and comment prior to reporting to the council; provided, that minor recommendations or those matters outside the purview of the planning commission may be referred directly to the city council. In its advisory capacity, the committee shall:

A. Consult with and make recommendations to the mayor and city council regarding the development and amendment from time to time of the comprehensive park plan of the city;

B. Consult with and make recommendations to the mayor and city council regarding the use, management, supervision and control of the bandstand in the Waterfront Park;

C. Consult with and make recommendations to the mayor and city council regarding the acquisition, development, use, management supervision, maintenance and control of parks;

D. Consult with and make recommendations to the mayor and city council matters as are prescribed by the mayor and city council;

E. Keep the mayor and city council regularly informed of activities of the committee, which shall include but not be limited to the distribution of agendas at least one week in advance of all meetings and the distribution of minutes within two weeks following all meetings. (Ord. 99-43 § 2, 1999)

Chapter 2.33
UTILITY ADVISORY COMMITTEE

Sections:

2.33.010 Created – Membership, appointment, compensation and term.

2.33.025 Vacancies – Removal.

2.33.030 Organization.

2.33.040 Powers and duties.

2.33.060 Meetings, officers, records and quorum.

2.33.070 Expenditures and staff assistance.

2.33.010 Created – Membership, appointment, compensation and term.

A. There is created a utility advisory committee for the city, hereinafter referred to as the committee. The committee shall consist of seven voting members who shall be appointed by the mayor and confirmed by vote of the city council. The members shall not be officers or employees of the city and shall be residents of the city. Additionally, a member of the city council shall serve as an ex officio, nonvoting member of the committee.

B. The members of the committee shall serve without compensation and shall initially be appointed for staggered terms as follows: two of the original members shall be appointed and confirmed for one-year terms, two of the original committee members shall be appointed and confirmed for two-year terms, and three members shall be appointed for three-year terms. The terms for all subsequent annually appointed members shall be three years.

C. A member may be re-appointed, and shall hold office until his or her successor has been appointed and has qualified. Members may be removed by the mayor upon consent of the city council. (Ord. 99-11 § 1, 1999)

2.33.025 Vacancies – Removal.

In the event of a vacancy, the mayor, subject to confirmation of the city council, shall make an appointment to fill the unexpired portion of the term of the vacated position. Unexcused absence by any committee member from three consecutive meetings shall constitute grounds for removal, and six absences by any committee member, excused or unexcused, occurring within a 12-month period shall likewise be grounds for removal. (Ord. 99-11 § 1, 1999)

2.33.030 Organization.

The mayor shall appoint annually one member of the committee to serve as chairperson for a one-year term. In making an appointment of the chairperson, the mayor shall take into consideration recommendations made by committee. The committee shall adopt such rules and regulations as are necessary to accomplish the duties prescribed in BIMC 2.33.040, and consistent with other provisions of this chapter. These rules and regulations shall be placed on file with the city clerk. (Ord. 99-11 § 1, 1999)

2.33.0