Title 1
GENERAL PROVISIONS

Chapters:

1.01 Code Adoption

1.04 General Provisions

1.08 Noncharter Code City Classification

1.12 Wards

1.16 Right of Entry

1.20 Working Prisoners

1.24 General Penalty

1.30 Public Records

Chapter 1.01
CODE ADOPTION

Sections:

1.01.010 Adoption.

1.01.020 Title – Citation – Reference.

1.01.030 Codification authority.

1.01.040 Ordinances passed prior to code adoption.

1.01.050 Reference applies to all amendments.

1.01.060 Title, chapter and section headings.

1.01.070 Reference to specific ordinances.

1.01.080 Effect of code on past actions and obligations.

1.01.090 Effective date.

1.01.100 Constitutionality.

1.01.010 Adoption.

Pursuant to the provisions of RCW 35.21.500 through 35.21.570, there is adopted the “Burlington Municipal Code” as compiled, edited and published by Code Publishing Company, Seattle, Washington. (Ord. 1362 § 1, 1998; Ord. 941 § 1, 1979).

1.01.020 Title – Citation – Reference.

This code shall be known as the “Burlington Municipal Code,” and it shall be sufficient to refer to said code as the “Burlington Municipal Code” in any prosecution for the violation of any provision thereof or in any proceeding at law or equity. It shall be sufficient to designate any ordinance adding to, amending, correcting or repealing all or any part or portion thereof as an addition to, amendment to, correction or repeal of the “Burlington Municipal Code.” Further reference may be had to the titles, chapters, sections and subsections of the “Burlington Municipal Code” and such references shall apply to that numbered title, chapter, section or subsection as it appears in the code. (Ord. 941 § 2, 1979).

1.01.030 Codification authority.

This code consists of all the regulatory and penal ordinances and certain of the administrative ordinances of the city of Burlington, Washington, codified pursuant to the provisions of RCW 35.21.500 through 35.21.570. (Ord. 941 § 3, 1979).

1.01.040 Ordinances passed prior to code adoption.

The last ordinance included in the initial code is Ordinance 920, passed November 21, 1978. The following ordinances, passed subsequent to Ordinance 920, but prior to adoption of this code, are hereby adopted and made a part of this code:

Ordinance No. 925 passed May 24, 1979;

Ordinance No. 928 passed May 24, 1979;

Ordinance No. 931 passed July 12, 1979;

Ordinance No. 932 passed September 13, 1979. (Ord. 941 § 4, 1979).

1.01.050 Reference applies to all amendments.

Whenever a reference is made to this code as the “Burlington Municipal Code” or to any portion thereof, or to any ordinance of the city of Burlington, Washington, the reference shall apply to all amendments, corrections and additions heretofore, now or hereafter made. (Ord. 941 § 5, 1979).

1.01.060 Title, chapter and section headings.

Title, chapter and section headings contained in this code shall not be deemed to govern, limit, modify or in any manner affect the scope, meaning or intent of the provisions of any title, chapter or section of this code. (Ord. 941 § 6, 1979).

1.01.070 Reference to specific ordinances.

The provisions of this code shall not in any manner affect matters of record which refer to, or are otherwise connected with ordinances which are therein specifically designated by number or otherwise and which are included within the code, but such reference shall be construed to apply to the corresponding provisions contained within this code. (Ord. 941 § 7, 1979).

1.01.080 Effect of code on past actions and obligations.

Neither the adoption of this code nor the repeal or amendment hereby of any ordinance or part or portion of any ordinance of the city of Burlington shall in any manner affect the prosecution for violations of ordinances, which violations were committed prior to the effective date of this code, nor be construed as a waiver of any license, fee, or penalty at said effective date due and unpaid under such ordinances, nor be construed as affecting any of the provisions of such ordinances relating to the collection of any such license, fee, or the penal provisions applicable to any violation thereof, nor to affect the validity of any bond or cash deposit in lieu thereof, required to be posted, filed or deposited pursuant to any ordinance, and all rights and obligations thereunder appertaining shall continue in full force and effect. (Ord. 941 § 8, 1979).

1.01.090 Effective date.

This code shall become effective on the date the ordinance codified in this chapter which adopts this code as the “Burlington Municipal Code” becomes effective. (Ord. 941 § 9, 1979).

1.01.100 Constitutionality.

If any section, subsection, sentence, clause or phrase of this code is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this code. The council declares that it would have passed this code, and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases had been declared invalid or unconstitutional, and if for any reason this code should be declared invalid or unconstitutional, then the original ordinance or ordinances shall be in full force and effect. (Ord. 941 § 10, 1979).

Chapter 1.04
GENERAL PROVISIONS

Sections:

1.04.010 Definitions.

1.04.020 Title of office.

1.04.030 Interpretation of language.

1.04.040 Grammatical interpretation.

1.04.050 Acts by agents.

1.04.060 Prohibited acts include causing and permitting.

1.04.070 Computation of time.

1.04.080 Construction of provisions.

1.04.090 Repeal shall not revive any ordinances.

1.04.010 Definitions.

The following words and phrases, whenever used in the ordinances of the city of Burlington, Washington, shall be construed as defined in this section unless from the context a different meaning is intended or unless a different meaning is specifically defined and more particularly directed to the use of such words or phrases:

A. “City” and “town” each mean the city of Burlington, Washington, or the area within the territorial limits of the city of Burlington, Washington, and such territory outside of the city of Burlington over which the city of Burlington has jurisdiction or control by virtue of any constitutional or statutory provision.

B. “Council” means the city council of the city of Burlington. “All its members” or “all councilmen” means the total number of councilmen holding office.

C. “County” means the county of Skagit.

D. “Law” denotes applicable federal law, the Constitution and statutes of the state of Washington, the ordinances of the city of Burlington, and, when appropriate, any and all rules and regulations which may be promulgated thereunder.

E. “May” is permissive.

F. “Month” means a calendar month.

G. “Must” and “shall” are each mandatory.

H. “Oath” includes an affirmation or declaration in all cases in which, by law, an affirmation may be substituted for an oath, and in such cases the words “swear” and “sworn” shall be equivalent to the words “affirm” and “affirmed.”

I. “Owner,” applied to a building or land, includes any part owner, joint owner, tenant in common, joint tenant, tenant by the entirety, of the whole or a part of such building or land.

J. “Person” includes a natural person, joint venture, joint stock company, partnership, association, club, company, corporation, business, trust, organization, or the manager, lessee, agent, servant, officer or employee of any of them.

K. “Personal property” includes money, goods, chattels, things in action and evidences of debt.

L. “Preceding” and “following” means next before and next after, respectively.

M. “Property” includes real and personal property.

N. “Real property” includes lands, tenements and hereditaments.

O. “Sidewalk” means that portion of a street between the curbline and the adjacent property line intended for the use of pedestrians.

P. “State” means the state of Washington.

Q. “Street” includes all streets, highways, avenues, lanes, alleys, courts, places, squares, curbs or other public ways in this city which have been or may hereafter be dedicated and open to public use, or such other public property so designated in any law of this state.

R. “Tenant” and “occupant,” applied to a building or land, include any person who occupies the whole or a part of such building or land, whether alone or with others.

S. “Written” includes printed, typewritten, mimeographed, multigraphed or otherwise reproduced in permanent visible form.

T. “Year” means a calendar year. (Ord. 918 § 1, 1978).

1.04.020 Title of office.

Use of the title of any officer, employee, department, board or commission means that officer, employee, department, board or commission of the city of Burlington. (Ord. 918 § 2, 1978).

1.04.030 Interpretation of language.

All words or phrases shall be construed according to the common and approved usage of the language, but technical words and phrases and such others as may have acquired a peculiar and appropriate meaning in the law shall be construed and understood according to such peculiar and appropriate meaning. (Ord. 918 § 3, 1978).

1.04.040 Grammatical interpretation.

The following grammatical rules shall apply in the ordinances of the city of Burlington, unless it is apparent from the context that a different construction is intended:

A. Gender. Each gender includes the masculine, feminine and neuter genders.

B. Singular and Plural. The singular number includes the plural and the plural includes the singular.

C. Tenses. Words used in the present tense include the past and the future tenses and vice versa, unless manifestly inapplicable. (Ord. 918 § 4, 1978).

1.04.050 Acts by agents.

When an act is required by an ordinance, the same being such that it may be done as well by an agent as by the principal, such requirement shall be construed to include all such acts performed by an authorized agent. (Ord. 918 § 5, 1978).

1.04.060 Prohibited acts include causing and permitting.

Whenever in the ordinances of the city of Burlington, any act or omission is made unlawful, it includes causing, allowing, permitting, aiding, abetting, suffering or concealing the fact of such act or omission. (Ord. 918 § 6, 1978).

1.04.070 Computation of time.

Except when otherwise provided, the time within which an act is required to be done shall be computed by excluding the first day and including the last day, unless the last day is Sunday or a holiday, in which case it shall also be excluded. (Ord. 918 § 7, 1978).

1.04.080 Construction of provisions.

The provisions of the ordinances of the city of Burlington, and all proceedings under them, are to be construed with a view to effect their objects and to promote justice. (Ord. 918 § 8, 1978).

1.04.090 Repeal shall not revive any ordinances.

The repeal of an ordinance shall not repeal the repealing clause of an ordinance or revive any ordinance which has been repealed thereby. (Ord. 918 § 9, 1978).

Chapter 1.08
NONCHARTER CODE CITY CLASSIFICATION

Sections:

1.08.010 Adoption.

1.08.020 Copy of ordinance to be provided.

1.08.030 Ordinance filing required.

1.08.010 Adoption.

There is hereby adopted for the city of Burlington, Washington, the classification of noncharter code city retaining the mayor-council plan of government under which the city of Burlington is currently operating. (Ord. 1604 § 1, 2006).

1.08.020 Copy of ordinance to be provided.

The finance director is hereby authorized and directed to forward to the Secretary of State a certified copy of the ordinance codified in this chapter for filing pursuant to RCW 35A.02.040. (Ord. 1604 § 2, 2006).

1.08.030 Ordinance filing required.

Pursuant to RCW 35A.02.040, the city of Burlington shall become classified as a noncharter code city upon the filing with the Secretary of State a certified copy of the ordinance codified in this chapter. (Ord. 1604 § 3, 2006).

Chapter 1.12
WARDS

Sections:

1.12.010 Designated.

1.12.020 City council – Election.

1.12.030 City council – Voting.

1.12.040 City council – Elected when.

1.12.010 Designated.

Ward 1

Starting at the intersection of BN-SF RR and Burlington Boulevard. North on Burlington Boulevard to Victoria Avenue. West on Victoria Avenue to Koch Street. South on Koch Street to Simons Avenue. West on Simons Avenue to Norris Street. South on Norris Street to 400 Norris Street and old city limits. West on old city limits to I-5. South on I-5 to BN-SF RR. Northeast along BN-SF RR to the point of the beginning.

Ward 2

Starting at the intersection of eastern city limits and Fairhaven Avenue. West on Fairhaven Avenue to Section Street. North on Section Street to Monroe Street. West on Monroe Street to Short Street. Southwest on Short Street to Skagit Street. South on Skagit Street to Victoria Avenue. West on Victoria Avenue to Regent Street. North on Regent Street to Magnolia Avenue. West on Magnolia Avenue to Anacortes Street. North on Anacortes Street to Fritsch Avenue. West on Fritsch Avenue to Cherry Street. South on Cherry Street to Magnolia Avenue. West on Magnolia Avenue to Walnut Street. South on Walnut Street to Avon Avenue. West on Avon Avenue to Alder Street. South on Alder Street to Victoria Avenue. West on Victoria Avenue to Koch Street. South on Koch Street to Simons Avenue. West on Simons Avenue to Norris Street. South on Norris Street to 400 Norris Street and old city limits. West on old city limits to I-5. South on I-5 to Norris Street. West on Norris Street to Frontage Road. North on Frontage Road to Peterson Road. West on Peterson Road to Pauli Drive. South on Pauli Drive to West Point Drive. South on West Point Drive to city limits. West, north, east and south along city limits to the point of the beginning.

Ward 3

Starting at the intersection of Victoria Avenue and Burlington Boulevard. South on Burlington Boulevard to BN-SF RR. Northeast and south along BN-SF RR to Greenleaf Avenue. East on Greenleaf Avenue to BN-SF RR. South along BN-SF RR to extension of Rio Vista Avenue. East on Rio Vista Avenue to Regent Street. North on Regent Street to Magnolia Avenue. West on Magnolia Avenue to Anacortes Street. North on Anacortes Street to Fritsch Avenue. West on Fritsch Avenue to Cherry Street. South on Cherry Street to Magnolia Avenue. West on Magnolia Avenue to Walnut Street. South on Walnut Street to Avon Avenue. West on Avon Avenue to Alder Street. South on Alder Street to Victoria Avenue. West on Victoria Avenue to the point of the beginning.

Ward 4

Starting at the intersection of western city limits and West Point Drive. North on West Point Drive to Pauli Drive. North on Pauli Drive to Peterson Road. East on Peterson Road to Frontage Road. Southeast on Frontage Road to Norris Street. East on Norris Street to I-5. South on I-5 to BN-SF RR. Northeast and south along BN-SF RR to Greenleaf Avenue. East on Greenleaf Avenue to BN-SF RR. South along BN-SF RR to extension of Rio Vista Avenue. East on extension of Rio Vista Avenue to Cherry Street. South on Cherry Street to Sharon Avenue. East on Sharon Avenue to Anacortes Street. South on Anacortes Street to Whitmarsh Road. South and west on Whitmarsh Road to BN-SF RR. South along BN-SF RR to the city limits. West and north along city limits to the point of the beginning.

Ward 5

Starting at the intersection of eastern city limits and Rio Vista Avenue. West on Rio Vista Avenue to Cherry Street. South on Cherry Street to Sharon Avenue. East on Sharon Avenue to Anacortes Street. South on Anacortes Street to Whitmarsh Road. South and west on Whitmarsh Road to BN-SF RR. South along BN-SF RR to the city limits. Northeast and north along city limits to the point of the beginning. (Ord. 1499 § 1, 2002; Ord. 1472 § 1, 2001; Ord. 570 § 1, 1959).

1.12.020 City council – Election.

One member of the city council shall be elected from each of wards Nos. 1, 2, 3, 4, 5, and 6, and a seventh member of the city council shall be elected at large. (Ord. 570 § 2, 1959).

1.12.030 City council – Voting.

Each council member shall be voted upon by all voters in the city as councilman for that district in the general election, but nominating votes in the primary shall be by voters in the ward in which the candidate resides. (Ord. 570 § 3, 1959).

1.12.040 City council – Elected when.

Councilmen for the fourth, fifth and sixth wards shall be elected in 1960 and every four years thereafter; councilmen for the first, second and third wards shall be elected in 1962 and every four years thereafter; and the councilmen at large shall be elected in 1960 and every two years thereafter. (Ord. 570 § 6, 1959).

Chapter 1.16
RIGHT OF ENTRY

Sections:

1.16.010 Right of entry and inspection.

1.16.020 Limitation of authority.

1.16.010 Right of entry and inspection.

An application for a permit pursuant to BMC Titles 14, 15, and/or 16 shall constitute consent to the entry upon the premises by authorized city of Burlington personnel at reasonable times and in a reasonable manner for the purposes of inspection of the construction, installation, operation, maintenance, use, or occupancy of the premises to ascertain compliance with applicable construction and/or maintenance codes and other pertinent laws over which the city has enforcement jurisdiction and under which authority the relevant permit application is made. Whenever entry or inspection is refused, the city of Burlington may suspend or revoke any permit approvals already granted, cause proceedings to be had for the issuance of a warrant or other appropriate judicial process, or take such other action as may be necessary or convenient to protect the health or safety of persons or property. (Ord. 1564 § 1, 2004).

1.16.020 Limitation of authority.

This chapter does not purport to enlarge the city’s duty to inspect any premises or to create an obligation to any person to assure at any given time the lawfulness or safety of any activity or condition requiring approval by the city of Burlington. (Ord. 1564 § 1, 2004).

Chapter 1.20
WORKING PRISONERS

Sections:

1.20.010 Purpose – Statutory authority.

1.20.020 Labor by prisoners – Authorized when.

1.20.030 Labor by prisoners – Chief of police authority.

1.20.010 Purpose – Statutory authority.

The purpose of this chapter is to authorize the police court to require persons found guilty of a violation of a city ordinance wherein a jail penalty may be imposed to work on the city streets, public property and works of the city in lieu of being imprisoned in jail. This chapter is pursuant to RCW 35.24.290(13). (Ord. 915 § 1, 1978).

1.20.020 Labor by prisoners – Authorized when.

Upon the conviction of any person by the police court of the city for a violation of any municipal ordinance which provides for imprisonment in the city jail as a penalty, the court may, at the time it passes sentence, provide that the prisoner be required to labor on the city streets or other public property or works within the city. Such person may be compelled to perform eight hours labor on each day of his imprisonment, except Saturdays and Sundays. (Ord. 915 § 2, 1978).

1.20.030 Labor by prisoners – Chief of police authority.

Whenever any person imprisoned in the city jail has been required by the court to labor on the city streets, or other public property or works within the city, the chief of police shall put the person to work on any such municipal activity available and shall furnish the proper supervisory personnel for such prisoner at the municipal activity. (Ord. 915 § 3, 1978).

Chapter 1.24
GENERAL PENALTY

Sections:

1.24.010 Purpose.

1.24.020 Designated.

1.24.010 Purpose.

The purpose of this chapter is to provide for a general penalty for violations of those city ordinances wherein no specific penalty is provided. (Ord. 913 § 1, 1978).

1.24.020 Designated.

A. Any person violating any of the provisions or failing to comply with any of the mandatory requirements of any ordinance of the city is guilty of a misdemeanor. Except in cases where a different punishment is prescribed by any ordinance of the city, any person convicted of a misdemeanor under the ordinances of the city shall be punished by a fine not to exceed $5,000 or imprisonment not to exceed one year in jail, or both. In the event a Washington state statute provides a penalty for conduct prescribed by a Burlington city ordinance, then, in that event, the penalty for such conduct shall not exceed the maximum penalty provided for by Washington state statute.

B. Each such person is guilty of a separate offense for each and every day during any portion of which any violation of any provision of the ordinances of the city is committed, continued or permitted by any such person, and he is punishable accordingly. (Ord. 1052 § 1, 1984; Ord. 913 § 2, 1978).

Chapter 1.30
PUBLIC RECORDS

Sections:

1.30.010 Purpose.

1.30.020 Definitions.

1.30.030 Records subject to disclosure.

1.30.040 Index of public records not maintained.

1.30.050 Form and manner of request for public records.

1.30.060 Submittal of a request for public records – Designation of public records officer.

1.30.070 Initial response to request.

1.30.080 Supplemental response to request – Additional time – Clarification.

1.30.090 Disclosure of records – Process.

1.30.100 Final response to request.

1.30.110 Copying and delivering – Costs.

1.30.120 Deposit for copying.

1.30.130 Payment of required fees.

1.30.140 Failure to pay required costs.

1.30.150 Denial of request – Appeal.

1.30.010 Purpose.

The purpose of this chapter is to establish the process for requesting public records and responding to requests for public records as required by Washington’s Public Records Act, codified in chapter 42.56 RCW. Failure of the city to fully comply with any provision of this chapter shall not result in any liability imposed upon the city other than as provided in the Public Records Act. (Ord. 1615 § 1, 2006).

1.30.020 Definitions.

A. For the purposes of this chapter, the following terms shall be defined as follows:

1. “Public Records Act” shall mean chapter 42.56 RCW as currently enacted or hereafter amended.

2. “Copies” shall mean any duplicated version of any record regardless of the original form of the record.

B. Except as provided in subsection A of this section, all terms used in this chapter shall have the same meaning as set forth in the Public Records Act. (Ord. 1615 § 1, 2006).

1.30.030 Records subject to disclosure.

The city need only disclose records or portions of records to the extent required by the Public Records Act, and nothing in this chapter shall be interpreted as requiring the disclosure of any record that is not subject to disclosure by the Public Records Act or other applicable law. Records or portions of records may be withheld or redacted to the extent necessary or permissible by law. The city shall not be required to create records or documents in response to a request for public records that do not exist at the time the request is made. A public records request is not continuing in nature, and will not be treated as such even if requested. In the event additional records are created after the date of the requester’s original public records request, the requester will be required to submit a new request for the later created records. (Ord. 1615 § 1, 2006).

1.30.040 Index of public records not maintained.

A. In General. The Public Records Act requires all cities and public agencies to maintain and make available a current index of certain public records. However, the Public Records Act also provides that if maintaining such an index would be unduly burdensome, or would interfere with agency operation, a city need not maintain such an index but it must issue and publish a formal order specifying the reasons why and the extent to which compliance would be unduly burdensome.

B. Findings. The city of Burlington is comprised of 11 departments, and each department consists of several subdivisions. Each individual subdivision of the city performs a unique public service. Each subdivision may also utilize and produce various forms of “writings” as that term is defined in the Public Records Act, and thousands of writings are produced or utilized each day by these subdivisions. These writings may be maintained in several formats, including but not limited to: paper records, computer files, photographs, audio recordings, video recordings, and others. Filing systems vary from division to division due to different paper filing systems and the various computer programs used by each subdivision. Also, subdivisions of the city are physically located at various places within the city. As such, it is unduly burdensome, if not impossible, and would detract from the purpose of providing essential services to the citizens of Burlington, to provide a current index of public records.

C. Order. The Burlington city council orders that the city shall not maintain a current index of public records based upon the findings set forth in subsection B of this section; provided, that the city shall make available for review or copying any indexes that are maintained for city use to the extent not exempt from review or copying. (Ord. 1615 § 1, 2006).

1.30.050 Form and manner of request for public records.

A. All requests for public records shall be made in writing and delivered in person, by mail, or through the city’s online public records request form that may be made available on the city’s Internet website. Requests delivered by facsimile; electronically, other than those requests submitted through the city’s online public records request form; by telephone; or orally will not be accepted as valid requests for public records.

B. The city will provide a public records request form that may be used by those requesting public records. The public records request may be submitted on the form provided by the city, or in another written format that contains the following information:

1. The date of the request;

2. The name of the requester;

3. The full address of the requester;

4. The telephone number of the requester;

5. A complete description of the requested record;

6. The title and date of the requested record, if known;

7. The location of the requested record, if known; and

8. Whether the requester intends to review the records or to obtain a copy of the records. (Ord. 1615 § 1, 2006).

1.30.060 Submittal of a request for public records – Designation of public records officer.

A. The Burlington city administrator shall be the city’s public records officer to whom members of the public may direct requests for disclosure of public records and who will oversee the city’s compliance with public records disclosure requirements.

B. Except as set forth in subsection C of this section, all requests for public records shall be submitted to the city administrator at 900 East Fairhaven Avenue, Burlington, Washington 98233, (360) 755-0531, or his/her designee, or online through the city’s Internet website located at www.ci.burlington.wa.us.

C. In order to provide for a more efficient response to requests for public records, the city has designated various records coordinators throughout the city as described in subsections (C)(1) through (4) of this section who may receive and respond to public records requests directly. If the record requested is not identified in subsections (C)(1) through (4) of this section, or the requester is unsure of where to file the request, the request shall be filed by the city administrator.

1. The records coordinator of the police department may receive and respond to a request to inspect and/or photocopy police reports. The request shall be delivered to the police department, 311 Cedar Street, Burlington, Washington 98233.

2. The records coordinator of the fire department may receive and respond to a request to inspect and/or photocopy fire reports. The request shall be delivered to Burlington Fire Station, 350 Sharon Street, Burlington, Washington 98233.

3. The records coordinator of the planning/building department may receive and respond to a request to inspect and/or photocopy planning files which the records coordinator, in his or her discretion, determines are readily available and easily accessible to the requester without the expenditure of significant staff time. In the event the records coordinator believes the request cannot be fulfilled without staff impacts, then he/she shall refer the requester to the city administrator located in the city administrator’s office, 900 East Fairhaven Avenue, Burlington, WA 98233.

4. The records coordinator of the public works department may receive and respond to a request to inspect and/or photocopy public works files which the records coordinator, in his/her own discretion, determines are readily available and accessible to the requester without the expenditure of significant staff time. In the event the records coordinator believes the request cannot be fulfilled without staff impacts, then he or she shall refer the requester to the city administrator located in the city administrator’s office.

D. If the requester submits the request on the form provided by the city, the city administrator, or his/her designee, should indicate on the form the estimation of time necessary to provide a final response to the request. In the event the estimation of time necessary for providing records is not indicated on the form, the estimated time for providing disclosable records shall be 21 calendar days. Records provided in response to a public records request shall be those documents of record available for disclosure as of the date of the request.

E. Each city department may designate within its own department certain “over the counter” records available to the public for immediate inspection without the requirement of a formal public records request as set forth in this section. As an alternative to obtaining over the counter records through the process provided in the remainder of this chapter, a requester may obtain over the counter records pursuant to this subsection. In the event a photocopy of such over the counter record is requested pursuant to this subsection, and if the requested record is an eight and one-half by 14-inch page or smaller, the department may provide up to 10 pages free of charge. If the requester requests that records be duplicated, and such records exceed 10 pages or are records other than a paper record of eight and one-half by 14 inches or smaller, a public records request will be required and the applicable duplication cost shall be paid. Pursuant to RCW 42.17.300, the maximum cost per copy is $0.15 per page for copies. A requester who obtains over the counter records through this subsection shall not be entitled to the remedies provided pursuant to the Public Records Act. (Ord. 1615 § 1, 2006).

1.30.070 Initial response to request.

A. The city shall make an initial response to the request for public records within five business days of receipt of the request. In the event a request for public records is received after 5:00 p.m., the request shall be deemed to have been received on the next business day. Depending upon the nature of the request, the city may respond initially by:

1. Providing the record, or the disclosable portions of the record, for review, or a copy thereof if requested after payment of applicable fees;

2. Acknowledging the city’s receipt of the request accompanied by a reasonable estimate of the time necessary for further response; or

3. Denying the request.

B. In the event the requester completes the city’s standard public records request form, the returned copy provided to the requester shall constitute the initial response by the city with the estimation of time necessary for further response. (Ord. 1615 § 1, 2006).

1.30.080 Supplemental response to request – Additional time – Clarification.

A. From time to time, the city will need additional time to respond to a request for records in order to locate and assemble records, notify third persons or agencies affected by the request, determine whether any records or portions of records are exempt from disclosure, or determine whether denial should be made to the disclosure of all or a part of the requested records. In the event additional time is needed, the city will take reasonable steps to advise the requester of the additional time necessary.

B. At the time of the city’s initial response, or subsequent to the city’s initial response, the city may require the requester to clarify his/her request in order to provide the city with information sufficient to allow the city to determine which records are being requested and whether such records relating to the request exist. In the event the requester fails to clarify the request within 21 calendar days of the date the request for clarification is delivered to the requester, the request may be denied. (Ord. 1615 § 1, 2006).

1.30.090 Disclosure of records – Process.

A. Copies of Records. In the event a requester requests copies of records, the records shall be copied pursuant to the terms of this chapter.

B. Review of Records. In the event a requester chooses to review records, the city shall notify the requester once the records which respond to the request are available for review. The records will be available for review at reasonable dates and times as determined by the city administrator after consultation with the requester. Appointments to review records may be broken into intervals so as to not excessively interfere with the city’s provision of other essential services. Records that have been retrieved for review shall be made available to the requester for an initial period of 21 calendar days. This period may be extended upon agreement of the city administrator and the requester in order to provide a reasonable amount of time to inspect the records. In the event a requester fails to contact the city administrator to arrange to review the records within 21 calendar days of being notified that the records are available for review, the records request shall be deemed satisfied, the records shall be returned to the originating department, and if the requester wishes to review the records, he/she will be required to submit a new request for the records and the process will begin anew.

C. Partial or Installment Basis. If the city determines that records responsive to a public records request are voluminous, the city may make the records available for review or copying on a partial or installment basis as the records are assembled and become available for review or duplication. An installment of records that has been copied shall be made available for retrieval for a period of 21 calendar days. An installment of records that has been retrieved for review shall be made available to the requester for an initial period of 21 calendar days. This period may be extended upon agreement of the city administrator and the requester in order to provide a reasonable amount of time to inspect the records. In the event a requester fails to retrieve an installment of copied records, or to contact the city administrator to arrange to review an installment of records within 21 calendar days of being notified that the records are available for review, the records request shall be deemed satisfied, the records shall be returned to the originating department, and if the requester wishes to obtain the records, he/she will be required to submit a new request for the records and the process will begin anew.

D. Format of Records. Any records or portions of records disclosed by the city will be provided to the requester in the same format as they are retained; provided, that any disclosable records contained on a computer or other electronic or mechanical device shall, at the discretion of the city, be provided in printed form, on disk, or in another format. If the requester specifies a format in which the records should be disclosed, the city will disclose the records in the requested format if: (1) it is determined that disclosable records exist, (2) the city is capable of providing the records in the format requested, (3) the format requested is reasonable, and (4) the requester pays all costs associated with providing the records in the format requested. The costs associated with providing records in the format requested by the requester shall not be constrained by costs allowed by state law for providing photocopies, as requesting records in a special format shall be deemed an additional service provided by the city that is not constrained by the limitations set forth in state law. (Ord. 1615 § 1, 2006).

1.30.100 Final response to request.

The city’s response to a request for records shall be deemed complete and final upon:

A. Requester’s inspection of the records; or

B. In the event copies were requested, upon notification to the requester that the copies requested are available for payment and pick-up; or

C. In the event no records exist which are responsive to the request, upon such notification to the requester. (Ord. 1615 § 1, 2006).

1.30.110 Copying and delivering – Costs.

A. In the event a requester requests copies of records, prior to the disclosure of any public record, copying costs shall be collected. The city administrator shall establish, update, and post applicable copying costs as appropriate. The city finance director shall have the department’s cost schedule available for inspection upon request. If copied records are provided on an installment basis as set forth in BMC 1.30.090, the city may charge the requester for those copying costs as they accrue in making each installment available.

B. The requester shall pay all costs associated with the cost of delivering records.

C. Payment of copying and delivery fees shall be made prior to the disclosure of public records. When required pursuant to BMC 1.30.120, the payment of a deposit shall be made prior to the copying of any records. (Ord. 1615 § 1, 2006).

1.30.120 Deposit for copying.

The city may, in its discretion, require the requester to deposit a sum equal to 10 percent of the estimated copying cost prior to duplication of the records. In the event a deposit is required, the city will notify the requester of the necessity of the deposit. Any deposit shall be made in accordance with BMC 1.30.130. In the event the actual copying costs are less than the amount deposited by the requester, the city will return the sum in excess of the actual amount to the requester. (Ord. 1615 § 1, 2006).

1.30.130 Payment of required fees.

The payment of all costs associated with this chapter shall be made by cash, money order, or check payable to the city of Burlington. Payment shall be made in person at the customer service desk located at the finance department, 900 East Fairhaven Avenue, Burlington, Washington, or by mail to the city administrator, 900 East Fairhaven Avenue, Burlington, Washington, 98233. (Ord. 1615 § 1, 2006).

1.30.140 Failure to pay required costs.

In the event a requester fails to pay for costs incurred within 30 calendar days of notification of those costs, the city shall require the requester to pay in full the past due amount owed, together with any accrued interest, before it will begin processing a new request, a pending request, or a subsequent installment of a request from the delinquent requester. In addition, for any future requests, the city may require advance payment of the full amount of the estimated costs before the city begins to process a new request or a pending request from that requester. Any copied records associated with a request for copies for which payment of copying costs has not been received within 30 calendar days of receiving notice may be destroyed in order to avoid storage costs. The requester shall be responsible for any costs associated with this chapter, and the city may take any steps available by law to collect the outstanding costs. (Ord. 1615 § 1, 2006).

1.30.150 Denial of request – Appeal.

In the event the city administrator denies a request, or any portion of a request for public records, the requester shall appeal the denial to the city finance director. In the event no response to the appeal is delivered to the requester within seven calendar days of the city’s receipt of the appeal, the denial may be deemed final. (Ord. 1615 § 1, 2006).