Title 2
ADMINISTRATION AND PERSONNEL

Chapters:

2.04 Council Meetings

2.08 City Administrator

2.10 Legal Department – City Attorney

2.12 Clerk-Treasurer

2.14 Municipal Judge

2.16 Repealed

2.20 Auditing Officer

2.22 Audit and Finance Committee

2.24 Investment Committee

2.26 Special and Standing Committees

2.28 Civil Service Commission for Police and Fire

2.30 Burlington Farmers Market Department

2.32 Repealed

2.34 Building Department

2.36 Fire Department

2.38 Police Department

2.40 Police Reserve

2.42 Planning and Community Development Department

2.44 City Employees

2.48 Collective Bargaining

2.52 Officials’ Bonds

2.56 Compensation

2.60 Official Depositories

2.62 Hazardous Materials Incident Command Agency

2.64 Emergency Services

2.68 Cemetery

2.70 Parks and Recreation Department

2.72 City Park

2.74 Lodging Tax Advisory Committee

2.76 Public Library

2.78 Museum and Museum Board

2.84 Procurement

2.88 Public Works Director

Chapter 2.04
COUNCIL MEETINGS

Sections:

2.04.010 Regular meetings held when, where.

2.04.020 Oath of office.

2.04.030 Parliamentary procedure.

2.04.010 Regular meetings held when, where.

A. The regular meetings of the city council of the city shall be held on the second and fourth Thursday of each month, except when such meeting day falls on a holiday, in which case the meeting will be held on the Tuesday immediately preceding.

B. Said meetings shall begin at 7:00 p.m. on such days and shall be held in the council chambers in the City Hall of the city. (Ord. 932 § 1, 1979).

2.04.020 Oath of office.

For purposes of administering the oath of office to elected officials, the city council and mayor shall meet at such date and time as set by the mayor up to 10 days prior to the scheduled date of the elected official assuming office, or at the last regular meeting of the city council held before the elected official is to assume office. (Ord. 932 § 3, 1979).

2.04.030 Parliamentary procedure.

Robert’s Rules of Order are adopted by the city council as the rules to control all questions of parliamentary procedure not otherwise provided for by the statutes of the state or ordinances of the city. (Ord. 932 § 2, 1979).

Chapter 2.08
CITY ADMINISTRATOR

Sections:

2.08.010 Position created.

2.08.020 Appointment.

2.08.030 Responsibilities and duties.

2.08.040 Jurisdiction of office.

2.08.050 Interpretation of official title.

2.08.010 Position created.

The position of administrator for the city of Burlington, Washington, is hereby created. (Ord. 1186 § 2, 1991).

2.08.020 Appointment.

The city administrator shall be appointed by the mayor, subject to the approval by majority vote of the city council. The city administrator shall serve at the pleasure of the mayor. (Ord. 1643 § 1, 2007; Ord. 1186 § 3, 1991).

2.08.030 Responsibilities and duties.

It shall be the responsibility and duty of the administrator to:

A. Oversee the daily operations of the city and work closely with other agencies to protect the city’s interests and facilitate positive intergovernmental relations.

B. Monitor the city-wide work program, coordinating the target times and staffing commitments for projects.

C. Assist the mayor in day-to-day operations which shall include the handling of complaints and talking with the public.

D. Investigate and report on all activities of city intergovernmental relations.

E. Oversee the city’s risk management program.

F. Annually review the city’s personnel policies and recommend changes.

G. Oversee most personnel issues and keep the mayor regularly briefed on all personnel matters. This responsibility shall include making recommendations to the mayor on new hires and terminations, with the mayor retaining final authority thereon.

H. Assist the mayor with performance evaluations.

I. Assist the mayor with the responsibilities of the affirmative action and equal employment opportunity laws.

J. Obtain grants and other effective funding sources to assist in keeping the capital facilities program funded. This duty includes keeping in personal contact with funding sources and agencies to insure timely and complete submittals for funding and appropriate follow-up upon such submittals.

K. Maintain quality control on the delivery of public services.

L. Oversee and facilitate preparation of the annual budget.

M. Investigate and make recommendations to the city council and mayor on all complaints referred to him/her and or received by him/her concerning city business.

N. Review the city codes on a regular basis and assure that the codes, rules, and procedures are up to date and that the city’s on-going procedures are in compliance with the laws of the state of Washington. This duty requires the administrator to maintain a working knowledge of the Revised Code of the State of Washington and the Washington Administrative Code.

O. Attend all meetings of the city council, except where excused. Attend other meetings when the mayor is unavailable, representing the city’s position with portfolio.

P. Approve the city council agendas.

Q. Lead the city’s management team, providing direction to the department directors as needed.

R. Brief the mayor and city council on policy issues, consulting with experts and governmental officials as appropriate and providing the mayor and city council with in-depth policy analysis.

S. Perform such other duties as may be prescribed by the mayor. (Ord. 1186 § 4, 1991).

2.08.040 Jurisdiction of office.

The administrator of the city of Burlington shall be a full-time supervisory employee having jurisdiction over all city employees, except members of the city council and the mayor. The city administrator shall make recommendations to the city council and the mayor from time to time concerning working conditions, duties, and compensation of all other city employees. The administrator shall keep both the members of the city council and the mayor informed on all city business. (Ord. 1186 § 5, 1991).

2.08.050 Interpretation of official title.

The administrator position created herein replaces the former general supervisor position. Insofar as other ordinances of the city of Burlington may refer to the general supervisor, such references shall be interpreted as referring to the administrator. (Ord. 1186 § 6, 1991).

Chapter 2.10
LEGAL DEPARTMENT –
CITY ATTORNEY

Sections:

2.10.010 Purpose.

2.10.020 Legal department created.

2.10.030 Duties and responsibilities of department.

2.10.040 City attorney designated.

2.10.050 Duties of city attorney.

2.10.060 Acting city attorney – Office created – Duties.

2.10.010 Purpose.

The purpose of this chapter is to provide for a legal department, designate the city attorney, and establish the duties and responsibilities of the department. (Ord. 1486 § 1, 2002; Ord. 1400 § 1, 1999).

2.10.020 Legal department created.

There is established in the city a department known as the legal department which shall be under the direction of the city attorney, subject to the supervision of the mayor and/or city administrator. (Ord. 1486 § 1, 2002; Ord. 1400 § 1, 1999).

2.10.030 Duties and responsibilities of department.

The legal department shall perform the following duties and responsibilities for the city:

A. The department provides legal counsel to city officials, other departments, commissions and boards;

B. The department represents the city, city officials, and employees acting in their official capacity, in district, superior and appeals courts and other legal proceedings in which the city is involved;

C. The department provides prosecution responsibilities in municipal court;

D. The department prepares legal documents, ordinances and resolutions pertaining to city business and legal advice or assistance on issues related to labor law;

E. The department shall be responsible for the oversight of the risk management program for the city. (Ord. 1486 § 1, 2002; Ord. 1400 § 1, 1999).

2.10.040 City attorney designated.

The city attorney shall be appointed by the mayor, subject to the approval by majority vote of the city council. The city attorney shall serve at the pleasure of the mayor. (Ord. 1643 § 2, 2007; Ord. 1486 § 1, 2002; Ord. 1400 § 1, 1999).

2.10.050 Duties of city attorney.

The city attorney shall advise authorities and officers on all legal matters pertaining to the business of the city and shall approve all ordinances as to form. The city attorney shall represent the city in all actions brought by or against the city, or against city officials in their official capacity. The city attorney shall serve as the city’s representative to the Cities Insurance Association of Washington. The city attorney shall perform such other duties as the mayor, city administrator or city council, by ordinance, shall direct. Included in the foregoing and in addition thereto, the city attorney shall:

A. Attend all meetings of the city council, including regular, special, and interim meetings;

B. Answer inquiries from citizens for information concerning city matters;

C. Consult interested officials and officers concerning, and prepare, all resolutions, ordinances, petitions, contracts, leases, easements, deeds, notices, and other legal documents, and suggested legislation, where the responsibility for preparation is upon the city, or requested by city officials; examine and approve or suggest changes in all such instruments when the duty of preparation rests upon others than the city;

D. Advise the council, boards, commissions, department heads and other city officials and officers, rendering formal legal opinions when requested, or when it appears to the attorney necessary or advisable;

E. Prosecute in the court of criminal jurisdiction, and on appeal in appellate courts, all alleged violations of city ordinances, and actions to recover licenses, penalties and forfeitures; advise the proper officials and officers on the filing of complaints therefor;

F. Prosecute and/or defend, in courts of original jurisdiction, and on appeal, all civil actions brought by or against the city, or against officials, officers and employees in their official capacity, including condemnation proceedings; participate in consultations concerning settlement of claims against the city, or its officials, officers and employees in their official capacities; provided that where insurance counsel also defends the city, the main burden of such actions may be left to such counsel; see to the ultimate enforcement of all judgments and decrees rendered in favor of the city in any action or suit;

G. Participate in the expedition of bond issues, providing this shall not require an opinion of the validity of the bonds in any case where special bond counsel is retained by the city or any prospective bond buyer;

H. On request, participate in and consult concerning intergovernmental relations in which the city is concerned;

I. Perform such other duties as may be required by the laws of the state; provided, however, the duties of the city attorney as prescribed in this section shall not prohibit the employment of special counsel to assist the city attorney in unusual cases of a specialized nature, when such employment is authorized by the city council;

J. Be responsible for the management and supervision of department staff, budgets, and operations. (Ord. 1486 § 1, 2002; Ord. 1400 § 1, 1999).

2.10.060 Acting city attorney – Office created – Duties.

There is created the office of acting city attorney, which office shall be filled by the appointment of the mayor. The acting city attorney shall assist and when necessary substitute for the city attorney in the performance of the duties of the city attorney set forth in BMC 2.10.050, and shall assist the city attorney in his presence at such times as he may desire. The acting city attorney may engage in the private practice of law and perform duties outside the scope of duties of acting city attorney and shall be paid for such time expended while acting in the capacity as acting city attorney at that rate that is contractually agreed to by the city. (Ord. 1486 § 1, 2002; Ord. 1400 § 1, 1999).

Chapter 2.12
CLERK-TREASURER

Sections:

2.12.010 Offices of clerk and treasurer combined.

2.12.020 Title of office designated.

2.12.030 Compensation.

2.12.040 Powers and duties.

2.12.050 Effective date.

2.12.010 Offices of clerk and treasurer combined.

The office of the city treasurer shall be combined with the office of the city clerk, and the clerk-treasurer shall be appointed by the mayor, subject to the approval by majority vote of the city council. The clerk-treasurer shall serve at the pleasure of the mayor. Such appointment must be in writing, signed by the mayor, filed with the clerk-treasurer, and subject to filing bond in such an amount as may be required by law. (Ord. 1644 § 1, 2007; Ord. 790 § 1, 1973).

2.12.020 Title of office designated.

The combined office of clerk-treasurer shall be referred to as the office of the finance director. The city finance director is hereby designated as the city treasurer, pursuant to RCW 35A.42.010. The finance director shall exercise all the powers vested in and perform all the duties required to be performed by the treasurer together with those of the clerk and also perform such other duties as the city may prescribe. The duties and responsibilities of the office remain the same and are not affected by this title change. (Ord. 1644 § 2, 2007; Ord. 1185 § 1, 1991; Ord. 790 § 2, 1973).

2.12.030 Compensation.

The compensation for the office of clerk-treasurer shall be set by ordinance. (Ord. 790 § 5, 1973).

2.12.040 Powers and duties.

The duties of the clerk-treasurer (finance director) shall be such as are prescribed by the laws of the state of Washington and the ordinances of the city for city clerks and city treasurers. The duties include, but are not limited to, financial planning, investing public funds, preparation of the annual budget, data processing, having responsibility for all city revenue and funds, providing the accounting for all utilities, cemetery, firemen’s pension fund, special assessments, providing statistical data accumulation, purchasing and services necessary for the merged clerk-treasurer department, and shall perform the duties of clerk and secretary required in chapter 41.16 RCW. The clerk-treasurer (finance director) shall assist the mayor and council in the preparation of the annual budget, provide information to the mayor and council, supervise accountants and clerical personnel of the finance director department, and have such other duties, responsibilities and functions as set forth in the job classification description of finance director now on file with the city. (Ord. 1185 § 2, 1991; Ord. 790 § 3, 1973).

2.12.050 Effective date.

The combining of the office of city treasurer with that of city clerk shall become effective on June 1, 1973, and on and after said date the office of city treasurer shall be abolished; provided, that if upon the aforesaid effective date there is an elected city treasurer holding that office, said treasurer shall continue in that office until the end of his elected term, or until the office is vacated for other reasons, whichever occurs earlier, after which the provisions of this chapter shall become effective. (Ord. 790 § 4, 1973).

Chapter 2.14
MUNICIPAL JUDGE

Sections:

2.14.010 Appointment.

2.14.010 Appointment.

The mayor of the city of Burlington is hereby authorized and directed to appoint part-time municipal judges. Said appointment shall be made from a pool consisting of Skagit County District Court judges and court commissioners. Said appointment shall be for a term not longer than said district court judge or judge’s term of office. (Ord. 1178 § 1, 1991).

Chapter 2.16
ATTORNEY

(Repealed by Ord. 1643)

Chapter 2.20
AUDITING OFFICER

Sections:

2.20.010 Appointment.

2.20.020 Deputy auditing officer – Appointment.

2.20.030 Powers and duties.

2.20.010 Appointment.

The city supervisor of the city is appointed as the auditing officer for the city. (Ord. 793 § 1, 1973).

2.20.020 Deputy auditing officer – Appointment.

The city clerk-treasurer of the city is appointed deputy auditing officer for the city. (Ord. 793 § 2, 1973).

2.20.030 Powers and duties.

The auditing officer, or in his absence the deputy auditing officer, shall audit, authenticate, and certify claims against the city for services rendered, materials supplied and labor performed, prior to payment of such claims, in accordance with chapter 42.24 RCW. (Ord. 793 § 3, 1973).

Chapter 2.22
AUDIT AND FINANCE COMMITTEE

Sections:

2.22.010 Creation.

2.22.020 Composition.

2.22.030 Terms of councilmember appointments.

2.22.040 Powers and duties.

2.22.050 Meetings.

2.22.010 Creation.

The city council shall create an audit and finance committee, consisting of five members, of which three members shall be city councilmembers appointed by the mayor and confirmed by a majority of the city council. (Ord. 1461 § 1, 2001).

2.22.020 Composition.

The audit and finance committee shall consist of the auditing officer and deputy auditing officer as stated in chapter 2.20 BMC and three councilmembers who are appointed by the mayor without confirmation of the council. (Ord. 1488 § 1, 2002; Ord. 1461 § 1, 2001).

2.22.030 Terms of councilmember appointments.

The initial term of office of the three councilmembers first appointed shall be designated as one to two years in such a manner as to provide the opportunity for all councilmembers to serve on this committee during their term in office as an elected official. The mayor shall appoint one councilmember for a two-year term and two councilmembers for a one-year term. The councilmember appointed to the two-year term shall automatically become the chairperson of the committee during his/her first and second year of this appointment. After the initial appointment to this committee the mayor shall annually appoint one councilmember to a two-year term and one councilmember to a one-year term. The council member serving a two-year term shall automatically serve as the committee chair during the second year of his/her term. (Ord. 1461 § 1, 2001).

2.22.040 Powers and duties.

The audit and finance committee shall have the powers and duties to perform the following:

A. Audit all bills of the city and certify that all claims against the city are in accordance with state and municipal law.

B. Present certified claims to city council requesting approval for payment by motion of the council.

C. Assist finance director in formulating and recommending financial policies of the city. Review and advise on policies prior to submittal to council for adoption and approval.

D. Review all requests, advise and make recommendations for capital items, projects or programs not included in the current annual budget of the city as approved by the council.

E. Advise on procedural issues, recommendations and questions presented by the finance officer or city administrator. (Ord. 1461 § 1, 2001).

2.22.050 Meetings.

The audit and finance committee shall meet regularly on the second and fourth Thursday of the month prior to the city council meeting to perform duties as stated in BMC 2.22.040. Special meetings may be called by the chairperson of the committee, the finance director or the city administrator for the purpose of fulfilling the powers and duties of the committee. (Ord. 1461 § 1, 2001).

Chapter 2.24
INVESTMENT COMMITTEE

Sections:

2.24.010 Appointment.

2.24.020 Powers and duties.

2.24.030 Government of actions – Quarterly report.

2.24.010 Appointment.

Pursuant to RCW 35.39.032, the city council appoints an investment committee to be composed of the city finance director, city administrator and a city councilmember, the latter being appropriately elected by a majority vote of the city council to serve at their pleasure. (Ord. 1462 § 1, 2001; Ord. 792 § 1, 1973).

2.24.020 Powers and duties.

The investment committee is authorized to determine the amount of money available in each fund for investment purposes and to make investments of city funds as indicated in RCW 35.39.030, as now or hereafter amended, and RCW 35.39.034 without required action of the legislative authority for each investment in accordance with the “City of Burlington Investment Policy” adopted on July 10, 1997, by Resolution 9-97 of the Burlington city council. (Ord. 1462 § 1, 2001; Ord. 792 § 2, 1973).

2.24.030 Government of actions – Quarterly report.

The investment committee shall be governed in its action by chapter 35.39 RCW, as now or hereafter amended, and shall make a quarterly report of all investment transactions to the city council at the first council meeting following the month for which the quarterly report is made in accordance with the “City of Burlington Investment Policy” adopted on July 10, 1997, by Resolution 9-97 of the Burlington city council. (Ord. 1462 § 1, 2001; Ord. 792 § 3, 1973).

Chapter 2.26
SPECIAL AND
STANDING COMMITTEES

Sections:

2.26.010 Special committees.

2.26.020 Standing committees.

2.26.010 Special committees.

The mayor, at his or her discretion, may establish and organize any special committee to address a particular topic, function or activity of interest to the city. (Ord. 1463 § 1, 2001).

2.26.020 Standing committees.

A. There shall be created and established the following standing committees of the city council:

1. Americans with Disabilities Act (ADA);

2. Downtown Burlington Association;

3. Land use;

4. Public safety;

5. Public works;

6. Traffic safety.

B. Appointments to these committees shall be made by the mayor at the first council meeting of each new year.

C. Each committee shall meet and act on all matters referred to their respective committee. Minutes of the committee meetings shall be kept, printed and distributed to the mayor, councilmembers, city administrator and appropriate staff. All recommendations to the city council from each committee shall be presented in writing.

D. Membership of each committee shall be as follows:

1. Americans with Disabilities: two city councilmembers, two citizens from the disabled community, two citizens who are business operators within the city limits of Burlington, the city engineer and the city administrator who shall be the ADA compliance officer. The chair of the committee shall be one of the selected councilmembers.

2. Downtown Burlington Association representatives: select three councilmembers.

3. Land use committee: three members of the city council, the mayor, the city planning director, and the chairman of the planning commission.

4. Public safety committee: three members of the city council, the mayor, city administrator, municipal court administrator, fire chief, police chief, one at-large member from a public safety agency. One member of the city council shall serve as committee chair.

5. Public works committee: three members of the city council, the mayor, the city administrator, the director of public works/engineering, the street supervisor, the sanitation/parks maintenance supervisor and the sewer supervisor. The director of public works/engineer shall act as the chair of this committee.

6. Traffic safety: one member of the city council who shall act as chair, the mayor, the city administrator, police chief, the city engineer and one member of the public appointed by the city council.

E. Committee Purposes.

1. ADA. Assist in the coordination and monitoring of city efforts to comply with ADA regulations.

2. Downtown Burlington Association. A committee headed by the Burlington Chamber of Commerce to organize, plan and administer a revitalization program for downtown Burlington.

3. Land Use. To provide a review of specific issues related to zoning codes, permit policies and land use issues presented to the city.

4. Public Safety Committee. Provide monthly updates regarding activities of the municipal court, fire department and police department. Provide comments and recommendations regarding projects, proposed policies and procedures and issues presented to the committee by the respective departments of this committee.

5. Public Works Committee. Provide monthly updates regarding activities of the public works and engineering department. Provide comments and recommendations regarding public works projects and issues presented to the committee.

6. Traffic Safety Committee. Recommend modifications of the parking ordinance, traffic hazards, traffic safety issues, placement of handicap stalls, crosswalks, signs, and issues related to traffic flow within city of Burlington.

F. Meetings of standing committees shall be scheduled by the committee and published on the monthly council agenda. (Ord. 1463 § 1, 2001).

Chapter 2.28
CIVIL SERVICE COMMISSION
FOR POLICE AND FIRE

Sections:

2.28.010 Purpose.

2.28.020 Created – Membership – Appointment.

2.28.030 Organization.

2.28.040 Powers and duties.

2.28.050 Existing police force.

2.28.060 Police force – Applicants.

2.28.070 Police force – Removal of officers – Procedures.

2.28.010 Purpose.

The purpose of this chapter is to establish a civil service commission for the city police and fire departments, provide for the appointment of the commission members, and set forth the powers and duties of said commission, all pursuant to chapters 41.08 and 41.12 RCW. (Ord. 1464 § 1, 2001; Ord. 816 § 1, 1974).

2.28.020 Created – Membership – Appointment.

Pursuant to chapters 41.08 and 41.12 RCW, there is created a civil service commission to exercise the powers and to perform the duties established by such state law in connection with the selection, appointment and employment of police and fire department personnel in the city. The commission shall be composed of three members, who shall be appointed by the mayor and who shall serve without compensation. Such commissioners shall be appointed and shall have the qualifications as prescribed in RCW 41.08.030 and 41.12.030. (Ord. 1464 § 1, 2001; Ord. 816 § 2, 1974).

2.28.030 Organization.

The commission shall organize, hold meetings and conduct themselves as prescribed by chapters 41.08 and 41.12 RCW. (Ord. 1464 § 1, 2001; Ord. 816 § 3, 1974).

2.28.040 Powers and duties.

The commission shall have all powers and perform all duties as prescribed in chapters 41.08 and 41.12 RCW, including but not limited to the adoption of rules and regulations, provide for tests, make investigations, conduct hearings and investigations, hear appeals, provide for, formulate and hold competitive tests, and certify to the appointing authority names of persons and eligible lists for police and fire department personnel, all in accordance with RCW 41.08.040 and 41.12.040. (Ord. 1464 § 1, 2001; Ord. 816 § 4, 1974).

2.28.050 Existing police force.

All policemen holding a position in the police department of the city, excluding the chief thereof, who shall have served in such position for a period of at least six months prior to August 22, 1974, and not on probation, are declared eligible for permanent appointment under civil service to the offices, places, positions or employment they now hold, without examination or other acts on their part, all in accordance with RCW 41.12.060. The position of chief of the police department of the city is specifically excluded from inclusion within the civil service. This exclusion shall apply to individuals appointed as police chief after July 1, 1987. (Ord. 1266 § 3, 1994; Ord. 816 § 6, 1974).

2.28.060 Police force – Applicants.

All applicants for employment with the police force of the city shall be required to have the qualifications, be subject to competitive examination, have a tenure of office and be subject to removal as provided by regulations adopted by the commission, the regulations, to be consistent with chapter 41.12 RCW. (Ord. 816 § 5, 1974).

2.28.070 Police force – Removal of officers – Procedures.

Removal, suspension, demotion or discharge of a person classified in the civil service under this chapter, and all investigations, hearings, appeals and procedures shall be in accordance with chapter 41.12 RCW, and the commission shall adopt rules and regulations implementing this chapter which shall substantially accomplish the purposes of chapter 41.12 RCW. (Ord. 816 § 7, 1974).

Chapter 2.30
BURLINGTON FARMERS MARKET DEPARTMENT

Sections:

2.30.010 Purpose.

2.30.020 Created.

2.30.030 Market manager designated.

2.30.040 Duties and responsibilities.

2.30.050 Farmers Market vendor fees.

2.30.060 Staff for Farmers Market Association.

2.30.010 Purpose.

The purpose of this chapter is to provide for a Farmers Market department in the city of Burlington, designate the market manager, establish the duties and responsibilities of the department, provide for a means of establishing market vendor fees, and provide staff support for the Farmers Market Association. (Ord. 1430 § 1, 2000).

2.30.020 Created.

There is established in the city a department known as the Farmers Market department which shall be under the direction of the market manager. (Ord. 1430 § 1, 2000).

2.30.030 Market manager designated.

There shall be a market manager. The mayor of the city shall appoint and designate the person chosen through normal hiring procedures to serve as the market manager for the city. (Ord. 1430 § 1, 2000).

2.30.040 Duties and responsibilities.

A. The department is responsible for the management and operation of the Burlington Farmers Market.

B. The department is responsible for the administration of the Farmers Market and the annual update of the fee schedule, policy manual, and vendor’s handbook.

C. The department is responsible for the maintenance and update of the Farmers Market facility.

D. The department is responsible for maintaining the Farmers Market records.

E. The department is responsible for administering the Farmers Market Association. (Ord. 1430 § 1, 2000).

2.30.050 Farmers Market vendor fees.

Farmers Market fees shall be charged in accordance with the Farmers Market fee schedule adopted by the city council. (Ord. 1430 § 1, 2000).

2.30.060 Staff for Farmers Market Association.

The market manager shall provide staff support to the Farmers Market Association. (Ord. 1430 § 1, 2000).

Chapter 2.32
PLANNING COMMISSION¹

(Repealed by Ord. 1221)

Chapter 2.34
BUILDING DEPARTMENT

Sections:

2.34.010 Purpose.

2.34.020 Building department established.

2.34.030 Building official designated.

2.34.040 Powers and duties of building official.

2.34.050 Inspectors and assistants.

2.34.060 Building permit fees.

2.34.070 Board of appeals – Designated.

2.34.080 Repealed.

2.34.090 Repealed.

2.34.100 Repealed.

2.34.110 Repealed.

2.34.120 Repealed.

2.34.130 Repealed.

2.34.010 Purpose.

The purpose of this chapter is to provide for a building department, designate the building official, provide for a board of appeals, and provide for a means of establishing building permit fees. (Ord. 955 § 1, 1980).

2.34.020 Building department established.

There is established in the city a department known as the building department which shall be under the jurisdiction of the building official. (Ord. 955 § 2, 1980).

2.34.030 Building official designated.

The mayor of the city shall appoint and designate the person chosen through normal hiring procedures to serve as the building official for the city. (Ord. 1210 § 1, 1992; Ord. 955 § 3, 1980).

2.34.040 Powers and duties of building official.

The building official shall have all of the powers and duties as provided for in the Uniform Building Code as adopted by the city. (Ord. 955 § 4, 1980).

2.34.050 Inspectors and assistants.

The city council shall, as need requires, by resolution appoint such inspectors and assistants as are necessary for the building department and the building inspector and/or authorize the mayor to enter into and execute on behalf of the city a contract with individuals, firms or other agencies, to assist and provide services for the building department and building inspector. (Ord. 955 § 5, 1980).

2.34.060 Building permit fees.

Application fees, building permit fees and building inspection fees shall be in accordance with and as established by the Uniform Building Code as established by the city. All fees collected shall be deposited by the city clerk in the general fund for the city. (Ord. 955 § 6, 1980).

2.34.070 Board of appeals – Designated.

The board of adjustment as established by Ordinance No. 891 of the city and chapter 17.78 BMC is designated as the board of appeals for the city building department pursuant to the requirements set forth in the Uniform Building Code as adopted by the city. The building official shall be an ex officio member of the board of adjustment and shall act as secretary of the board when the board is requested to rule on issues relating to the building department. (Ord. 1210 § 2, 1992; Ord. 955 § 7, 1980).

2.34.080

Qualifications of members. Repealed by Ord. 1210. (Ord. 955 § 8, 1980).

2.34.090

Secretary. Repealed by Ord. 1210. (Ord. 955 § 9, 1980).

2.34.100

Terms of office. Repealed by Ord. 1210. (Ord. 955 § 10, 1980).

2.34.110

Rules. Repealed by Ord. 1210. (Ord. 955 § 11, 1980).

2.34.120

Organization. Repealed by Ord. 1210. (Ord. 955 § 12, 1980).

2.34.130

Quorum – Meetings. Repealed by Ord. 1210. (Ord. 955 § 13, 1980).

Chapter 2.36
FIRE DEPARTMENT

Sections:

2.36.010 Purpose.

2.36.020 Establishment.

2.36.030 Fire chief.

2.36.040 Powers and duties.

2.36.050 Burlington volunteer firefighters.

2.36.060 Civil service commission – Created.

2.36.070 Board of trustees of the volunteer firefighters and reserve officers relief and pension fund.

2.36.010 Purpose.

The city of Burlington has heretofore been served by the volunteer fire department. More recently, the city of Burlington has hired full-time fire department personnel. It is accordingly necessary to update the provisions of the Burlington Municipal Code dealing with the relationship of full-time and part-time personnel and to, further, delineate responsibilities. It is also necessary to create a civil service commission as required by the Revised Code of Washington. (Ord. 1487 § 1, 2002; Ord. 1224 § 1, 1993).

2.36.020 Establishment.

There is created a Burlington city fire department consisting of a fire chief and full-time firefighters acting as regular employees of the city. In addition there shall be a force of “volunteer” firefighters. The full-time and volunteer firefighters shall be under the direction, control and supervision of the fire chief, who is subject to the supervision of the mayor or the mayor’s designee. (Ord. 1487 § 1, 2002; Ord. 1224 § 2, 1993).

2.36.030 Fire chief.

The fire chief shall be appointed by the mayor upon the basis of qualifications and experience for such office and may be removed by the mayor. The chief’s position is specifically excluded from inclusion within the civil service as allowed by RCW 41.08.050. This exclusion shall apply to individuals appointed as fire chief after July 1, 1987. The fire chief is directly responsible to the mayor or the city administrator as the mayor’s designee. (Ord. 1487 § 1, 2002; Ord. 1266 § 2, 1994; Ord. 1224 § 3, 1993).

2.36.040 Powers and duties.

The fire chief shall be responsible for the administration and enforcement of the Uniform Fire Code and shall have all the powers granted, together with the duties imposed by the laws of the state and the ordinances of the city relating to fire departments of cities of the class to which the city now or hereafter belongs. The fire chief shall develop and administrate the Burlington fire department policies and procedures manual. These policies and standard operating procedures (SOP’s) shall be reviewed by the city attorney and city administrator prior to implementation.

A. Employee Appointment. The mayor of the city is the appointing authority. The mayor may authorize the fire chief to hire or promote such firefighting personnel as may be appropriate and necessary as budgeted for by the city council, or terminate fire department employees subject to the city personnel policy and procedures manual, personnel rules, union contract, and civil service regulations.

B. Organization. The fire department of the city shall consist of the following full-time paid personnel:

1. Fire chief;

2. Assistant chief/fire marshal; and

3. Such firefighters, both career and volunteers, and office staff as may be necessary to complete the mission of the fire department.

C. Discipline. The fire chief shall have the power to exercise disciplinary measures as stated in the city personnel policy and procedures manual, civil service rules, department regulations, and union contract. Discipline may be based on failure to meet standards set forth in personnel rules adopted by the city or in violation of such reasonable departmental rules, policies or procedures as shall be promulgated by the fire chief. The fire chief shall have the power to exercise, for cause, the following disciplinary measures:

1. Oral or written reprimand;

2. Suspension from duty, without pay, for periods up to but not exceeding 30 days;

3. Deferment of advancement in grade for periods up to, but not to exceed, three months;

4. Dismissal with the concurrence of the mayor.

D. Chain of Command. The fire chief shall be the officer in command in regards to the fighting of any fires or emergency situations within the city, or within the fire district. In the absence of the chief, this duty shall be delegated to the career fire marshal/assistant chief. In the absence of the career fire marshal/assistant chief, the chain of command shall be:

1. Assistant chief – volunteers;

2. Battalion chief – volunteers;

3. Captain – volunteers;

4. Senior career firefighter (senior in years as full-time employee of the Burlington fire department)/lieutenant – volunteers;

5. Senior volunteer firefighter, (senior in years as volunteer of the fire department).

E. Duties. The duties of the fire department shall be to care for all fire equipment and facilities and use their best effort to attend and extinguish all fires and respond to emergency situations to protect life and property and such other duties as may from time to time be prescribed by the mayor or council. (Ord. 1487 § 1, 2002; Ord. 1293 § 3, 1995; Ord. 1224 § 4, 1993).

2.36.050 Burlington volunteer firefighters.

A. Appointment. There shall be established an organization of citizens known as the “Burlington volunteer firefighters.” The fire chief may appoint such volunteer firefighters as may be appropriate and necessary for the proper performance of the duties of the fire department. Such an applicant for a position with the volunteer firefighters shall qualify for such an appointment under the rules established by the volunteer organization, those rules known as the “Bylaws of the Burlington Volunteer Firefighters.”

B. Response to Fire and Emergency Medical (First Responder) Calls. The Burlington volunteer firefighters organization of the city is authorized, as a governmental function of the city, to respond, while under the command of the fire chief or designee, with fire equipment of the city and fire equipment of any fire district in the possession of the Burlington fire department for such purposes, to all fire and emergency medical (first responder) calls within the city and also outside of the city within any fire district with which the city shall then have a written contract for fire protection and medical emergency response with said district. The Burlington volunteer firefighters are also authorized to respond to all fire calls rendering assistance in the form of “mutual aid” with another fire district or municipality, and subject to any terms of any said mutual aid contract.

C. Bylaws. The Burlington volunteer firefighters organization shall have authority to make such rules and regulations as may be consistent with the laws of the state and the ordinances and resolutions of the city, but the same shall be subject to the approval of the fire chief, mayor and Burlington city council. The volunteer firefighters shall receive such compensation for their services as may, from time to time, be provided for in the annual budgets of the city. Such compensation shall be paid quarterly, or as agreed by the finance director and fire chief.

D. Membership. The volunteer membership of the Burlington fire department shall not exceed 50 firefighters. (Ord. 1526 § 1, 2003; Ord. 1487 § 1, 2002; Ord. 1465 § 1, 2001; Ord. 1364 § 1, 1998; Ord. 1224 § 5, 1993).

2.36.060 Civil service commission – Created.

Pursuant to chapter 41.08 RCW there is created a civil service commission to exercise the powers and perform the duties established by such state law in connection with the selection, appointment and employment of police and firefighters for the city. Powers and terms of the civil service commission shall be as stated in chapter 2.28 BMC. (Ord. 1487 § 1, 2002; Ord. 1224 § 6, 1993).

2.36.070 Board of trustees of the volunteer firefighters and reserve officers relief and pension fund.

There is created and established, pursuant to law, a board of trustees of the volunteer firefighters and reserve officers relief and pension fund to be known as “the board of trustees of the volunteer firefighters relief and pension fund.” The board shall consist of the mayor or his/her designee, the city administrator, the city finance director, one city councilmember appointed by the mayor, the chief of the fire department, and one member of the volunteer firefighters organization as elected through the bylaws of the volunteer organization. (Ord. 1487 § 1, 2002; Ord. 1465 § 1, 2001).

Chapter 2.38
POLICE DEPARTMENT

Sections:

2.38.010 Establishment – Supervision.

2.38.020 Chief – Appointment.

2.38.030 Members – Appointment and commissioning.

2.38.040 Police powers.

2.38.050 Swearing in – Oath of office.

2.38.060 Personnel authorized.

2.38.070 Disciplinary powers.

2.38.080 Commission abuse.

2.38.010 Establishment – Supervision.

There is established and created a department of police to be operated under the direction and control of a chief of police, subject to the supervision of the mayor. (Ord. 1336, 1997).

2.38.020 Chief – Appointment.

The chief of police shall be appointed by the mayor on the basis of his/her qualifications and experience for such office, and may be removed by the mayor. (Ord. 1336, 1997).

2.38.030 Members – Appointment and commissioning.

A. All persons hired as law enforcement officers for the Burlington police department shall be commissioned as police officers for the city of Burlington prior to being assigned to law enforcement duties. All personnel below the rank of chief shall be appointed and commissioned by the mayor in accordance with any applicable law, ordinance, rule or regulation relating to civil service and may be removed by the mayor or chief subject to any applicable law, ordinance, rule or regulation relating to civil service then in force and effect.

B. A Burlington police commission may be issued to any employee of the city of Burlington, who, by virtue of training and/or experience, has proven competence in the field of law enforcement and whose duties are police related. No police commission, regular, temporary, or honorary, shall be issued to any person until such person has been certified for a

regular or provisional appointment to fill an authorized personnel vacancy by the civil service commission in accordance with such rules and regulations relating to civil service then in force and effect. However, a limited commission or deputation may be issued upon approval of the mayor and police chief to persons outside the department who have a need to have limited enforcement capabilities such as parking, parks, animal control, and arson. These limited commissions will specifically state the authority of the holder to enforce specific identified ordinances. These limited commissions shall be valid for a period of one year and shall automatically expire on December 31st of that year.

C. Police commissions from other law enforcement agencies may be issued to Burlington police officers from time to time when necessary or desirable. No officer may accept a commission from another agency without prior notice and permission from the chief of police unless otherwise specified in a mutual law enforcement assistance agreement as permitted by chapter 10.93 RCW. (Ord. 1336, 1997).

2.38.040 Police powers.

The chief of police and all commissioned police personnel shall have the powers granted, with the duties imposed, by the laws of the state relating to the chief of police and law enforcement personnel of second class cities and, in addition thereto, the chief and all other commissioned police personnel of the police department shall have the power and duty to enforce the ordinances of the city and to perform such other services as the laws of the state or ordinances of the city may now or hereafter require. This police power is enhanced by the Mutual Aid Peace Officer Powers Act of 1985. (Ord. 1336, 1997).

2.38.050 Swearing in – Oath of office.

A. All commissioned personnel shall be sworn to enforce the ordinances of the city of Burlington, state, and federal law, to protect the public peace and safety within the city of Burlington, and to abide by the code of professional conduct and responsibility for peace officers.

B. Prior to assuming a police commission, persons hired for a position that requires a commission will take an oath of office to enforce the law, uphold the Constitution of the United States and the state of Washington, and shall make such oath before the mayor or designee. (Ord. 1336, 1997).

2.38.060 Personnel authorized.

A. The police department shall consist of such regular personnel in such numbers as shall be determined by the city council by inclusion in an adoption of the annual budget of the city.

B. The department may be augmented by such clerical personnel as the city council may from time to time provide. Such clerical personnel shall not be commissioned police officers and shall be subject to civil service regulations unless otherwise specified in a collective bargaining agreement. (Ord. 1336, 1997).

2.38.070 Disciplinary powers.

The chief of police shall have the power to exercise, for cause, the following disciplinary measures:

A. Oral or written reprimand;

B. Suspension from duty, without pay, for periods up to but not exceeding 30 days;

C. Deferment of advancement in grade for periods up to, but not to exceed, three months;

D. Dismissal with the concurrence of the mayor. (Ord. 1336, 1997).

2.38.080 Commission abuse.

Any abuse or unjustified use of any police commission or mutual aid peace officers’ powers may result in the commission being withdrawn and/or subject the offending officer to departmental disciplinary procedures. (Ord. 1336, 1997).

Chapter 2.40
POLICE RESERVE

Sections:

2.40.010 Created – Membership.

2.40.020 Swearing in.

2.40.030 Compensation – Source of funds.

2.40.040 Rules and regulations – Police chief authority – Posting.

2.40.050 Supervision and control.

2.40.060 Removal.

2.40.070 Pension plan.

2.40.010 Created – Membership.

A police department reserve is created and established, and shall consist of such members as possess the requisite qualifications and are accepted by the chief of police. (Ord. 534 § 1, 1955).

2.40.020 Swearing in.

Any applicant for reserve policeman who has satisfactorily met the qualifications and standards as referred to in this chapter, and having been accepted by the chief of police, shall thereafter be sworn in by the mayor in the manner and according to the rules and ordinances governing the swearing in of regular city policemen, and the reserve policeman shall thereafter be provided with the credentials of his office and be empowered with the authority granted regular city policemen. (Ord. 534 § 3, 1955).

2.40.030 Compensation – Source of funds.

Any sums paid to reserve policemen shall be determined by resolution of the city council and shall be paid from the current expense fund; and the city shall thereafter pay to the Department of Labor and Industries such sums as are necessary for the premiums on industrial insurance to the end that the reserve policemen shall be covered by industrial insurance. (Ord. 534 § 5, 1955).

2.40.040 Rules and regulations – Police chief authority – Posting.

The chief of police is given the authority to promulgate rules and regulations, qualifications and standards for the police department reserve and pursuant to said authority shall file with the city supervisor a copy of said rules, regulations, standards and qualifications, and shall in addition thereto post the same in a conspicuous place in the city police department. (Ord. 534 § 2, 1955).

2.40.050 Supervision and control.

The police department reserve and any member thereof shall at all times be under the direct supervision and control of the chief of police and shall abide by all rules and regulations and standards as adopted under the provisions of this chapter. (Ord. 534 § 6, 1955).

2.40.060 Removal.

Any reserve policeman who has shown himself to be unfit for police work as contemplated in this chapter may be dismissed by the chief of police. (Ord. 534 § 4, 1955).

2.40.070 Pension plan.

A. Any reserve police officer may elect to participate in the Washington State Pension Plan in effect for volunteer firefighters created pursuant to the Volunteer Firefighters Relief and Pension Act. This is a state-administered program and, accordingly, the rules and regulations concerning the administration of said program and the vesting of benefits are necessarily set by the appropriate state agency. In order to qualify for participation in said pension program and to maintain participation in said program, the reserve officer shall, in addition to making an election to participate in the program, meet the following requirements:

1. Successfully complete a State Certified Basic Reserve Academy;

2. Maintain training standards set by the Burlington police department for officers in the areas of firearms, motor vehicle operations, first aid and CPR;

3. Participate in 16 hours of “ride along” time per month with the Burlington police department; and

4. Meet such other standards of performance as may be set by the Burlington police chief.

B. If at the time the ordinance codified in this section is adopted there are any reserve officers in existence, and if said officers elect to participate in the program, then in such event said reserve officers shall be allowed to “buy back” credit for the years of service said reserve officer has performed. In such event, the city shall participate in the “buy back” with the reserve officer being responsible for 30 percent of the costs and the city of Burlington being responsible for 70 percent of the costs of said “buy back” of credit for years of service performed by said reserve officer. (Ord. 1299 § 1, 1995).

Chapter 2.42
PLANNING AND COMMUNITY DEVELOPMENT DEPARTMENT

Sections:

2.42.010 Purpose.

2.42.020 Created.

2.42.030 Planning director designated.

2.42.040 Duties and responsibilities.

2.42.050 Land use permit fees.

2.42.060 Staff for planning commission and board of adjustment.

2.42.010 Purpose.

The purpose of this chapter is to provide for a planning and community development department, designate the planning director, establish the duties and responsibilities of the department, provide for a means of establishing land use permit fees, and provide staff support for the planning commission and board of adjustment. (Ord. 1373 § 1, 1998).

2.42.020 Created.

There is established in the city a department known as the planning and community development department which shall be under the direction of the planning director. (Ord. 1373 § 1, 1998).

2.42.030 Planning director designated.

There shall be a planning director. The mayor of the city shall appoint and designate the person chosen through normal hiring procedures to serve as the planning director for the city. (Ord. 1373 § 1, 1998).

2.42.040 Duties and responsibilities.

A. The department is responsible for the management and operation of the permit center, to provide a consolidated location for the issuance of all land use and construction-related permits.

B. The department is responsible for the administration of the land use permit process, as codified in Chapter 17.68 BMC.

C. The department is responsible for the maintenance and update of the city’s comprehensive plan, comprehensive plan map, zoning ordinance, zoning map, critical areas ordinance, environmental ordinance, and related land use regulations.

D. The department is responsible for maintaining the city’s land use permit records.

E. The department is responsible for managing an ongoing citizen involvement process including publication of a land use information bulletin, conducting public meetings, setting up citizen advisory committees on land use issues and providing public notification of land use actions. (Ord. 1373 § 1, 1998).

2.42.050 Land use permit fees.

Application fees and land use permit fees shall be charged in accordance with the city’s fee schedule adopted by the city council. (Ord. 1373 § 1, 1998).

2.42.060 Staff for planning commission and board of adjustment.

The planning director shall provide staff support to the planning commission and board of adjustment. (Ord. 1373 § 1, 1998).

Chapter 2.44
CITY EMPLOYEES

Sections:

2.44.010 Union employees.

2.44.020 Non-union employees.

2.44.030 Paid holidays.

2.44.040 Travel expenses.

2.44.050 Employee recognition program.

2.44.060 Employees Retirement System – Participation.

2.44.070 Repealed.

2.44.080 Employees Retirement System – Prior service credit.

2.44.090 Employees Retirement System – Social Security.

2.44.100 Employees Retirement System – Contribution.

2.44.110 Employees Retirement System – Copy transmission.

2.44.010 Union employees.

Work rules negotiated between city and union or guild representatives produced in a written contract approved by the city council shall apply to city union or guild employees. (Ord. 1179 § 1, 1991; Ord. 928 § 1, 1979).

2.44.020 Non-union employees.

A. Work Hours. City Hall offices shall be open from 9:00 a.m. to 5:00 p.m. daily, Monday through Friday, except as amended by the mayor. Other work hours shall be as established in union or guild contracts and regulated by the mayor or his designee.

B. Benefits. The city shall furnish non-union employees with benefits comparable to the benefits received by union or guild employees. “Benefits” include, but are not limited to, health benefits, holidays, vacation, sick leave, and the like.

C. Additional Compensation. The city shall furnish additional compensation to non-union employees comparable to the additional compensation received by union or guild employees. “Additional compensation” includes, but is not limited to, shift differential, pager pay, educational incentives, clothing allowance, holiday pay, or cost of living pay increases provided for in the city’s written contract(s) with the union or guild collective bargaining units.

D. Implementation. The mayor shall establish guidelines for implementing these provisions relative to non-union employees. (Ord. 1235 § 1, 1993; Ord. 1179 § 2, 1991; Ord. 928 § 2, 1979).

2.44.030 Paid holidays.²

Legal holidays as established by RCW 1.16.050 of the state and amended by union contract shall be paid holidays. Only essential work shall be authorized and performed on a paid holiday, and compensation shall be for overtime only when such work is required and authorized. (Ord. 928 § 3, 1979).

2.44.040 Travel expenses.

Reimbursement for travel expense shall be as follows: Mileage when operating a privately owned vehicle in performance of official duties and reimbursement for costs of meals and lodging when on official business away from the city are authorized. Mileage shall be the same rate per mile established by Federal Internal Revenue Service regulations. Payment shall be made on properly executed vouchers as a claim against the city. (Ord. 1605 § 1, 2006; Ord. 928 § 5, 1979).

2.44.050 Employee recognition program.

The city administrator or his/her designee are authorized to develop and administer an employee recognition program. The program will monitor employee service and performance and may recognize and reward such service with plaques, pins, certificates or other items of a like nature. The cost of awards shall be nominal and shall not exceed $50.00 without consent of the city council. In addition, the program may honor an employee of the month and an employee of the year. (Ord. 1307, 1995; Ord. 928 § 4, 1979).

2.44.060 Employees Retirement System – Participation.

The city elects to participate as a member of Statewide Employees Retirement System for pension, relief, disability and retirement for the employees of the city as provided by chapter 41.44 RCW. All employees and officials of the city serving in retirement-eligible positions shall be included in said system; provided, that no elective official shall be included unless said official so elects and files a written notice of such election with the board of trustees of said pension system and with the city clerk-treasurer. (Ord. 1605 § 1, 2006; Ord. 647 § 1, 1964).

2.44.070 Employees Retirement System – Membership.

Repealed by Ord. 1605. (Ord. 647 § 2, 1964).

2.44.080 Employees Retirement System – Prior service credit.

The basis for prior service credit shall be determined by rules of the Washington State Department of Retirement Systems. (Ord. 1605 § 1, 2006; Ord. 647 § 4, 1964).

2.44.090 Employees Retirement System – Social Security.

The basis for Social Security coverage is coordination. (Ord. 647 § 5, 1964).

2.44.100 Employees Retirement System – Contribution.

The basis for contribution shall be as established by the Washington State Department of Retirement Systems. (Ord. 1605 § 1, 2006; Ord. 647 § 6, 1964).

2.44.110 Employees Retirement System – Copy transmission.

A certified copy of the ordinance codified in BMC 2.44.060 through 2.44.110 shall be transmitted to the board of trustees of said statewide system as evidence of an election of the city to join such pension system. (Ord. 647 § 3, 1964).

Chapter 2.48
COLLECTIVE BARGAINING

Sections:

2.48.010 Negotiating team – Membership.

2.48.020 Negotiating team – Spokesman.

2.48.030 Bargaining unit for police department.

2.48.040 Bargaining representative for police bargaining unit.

2.48.010 Negotiating team – Membership.

A. The city supervisor of the city is designated a permanent member of the collective bargaining negotiating team.

B. The city attorney and department heads not included in any bargaining units are designated members of the negotiating team when called upon by the supervisor to sit with the negotiating team. (Ord. 720 §§ 1, 2, 1969).

2.48.020 Negotiating team – Spokesman.

The city supervisor is designated the sole spokesman for the negotiating team during the progress of any collective bargaining session or series of sessions. (Ord. 720 § 3, 1969).

2.48.030 Bargaining unit for police department.

The police department personnel of the city, other than management personnel, namely, the chief of police, is declared to be a bargaining unit for the purpose of collective bargaining with the city. (Ord. 719 § 1, 1969).

2.48.040 Bargaining representative for police bargaining unit.

Pursuant to agreements signed by a majority of personnel within the police bargaining unit, naming the Service Employees International Union as their bargaining representative, Local 120, Service Employees International Union is recognized as the exclusive bargaining representative of the police bargaining unit of the city. (Ord. 1366 § 1, 1998; Ord. 719 § 2, 1969).

Chapter 2.52
OFFICIALS’ BONDS

Sections:

2.52.010 Purpose.

2.52.020 Amounts designated.

2.52.010 Purpose.

The purpose of this chapter is to establish bond requirements and the amount thereof for the clerk-treasurer and other employees. (Ord. 1128 § 1, 1988; Ord. 901 § 1, 1978).

2.52.020 Amounts designated.

A. The clerk-treasurer shall, before entering upon the duties of office, execute and file with the clerk an official bond conditioned for the faithful performance of his/her duties. In addition, there shall be a blanket bond covering the other employees. The amount of the bonds shall be as listed below:

1. Clerk-treasurer, $100,000;

2. Blanket bond, $100,000.

B. The premium for said bonds shall be paid by the city. (Ord. 1128 § 2, 1988; Ord. 901 § 2, 1978).

Chapter 2.56
COMPENSATION³

Sections:

2.56.010 Payment.

2.56.020 Designated.

2.56.030 Compensation for mayor.

2.56.040 Compensation for city councilmembers.

2.56.010 Payment.

On and after the first day of January, 1993, monthly compensation for the designated city positions shall be paid as indicated below subject to adjustments for time in service and overtime provisions as contained in city labor agreements. Also, where additional charges are incurred for extraordinary legal services, such charges become claims against the city in addition to compensation enumerated in BMC 2.56.020. (Ord. 1219 § 4, 1992; Ord. 1174 § 1, 1990; Ord. 1133 § 1, 1988; Ord. 1123 § 1, 1988; Ord. 1106 § 1, 1987; Ord. 1073 § 1, 1985; Ord. 1054 § 1, 1984; Ord. 1031 § 1, 1983; Ord. 1011 § 1, 1982).

2.56.020 Designated.

On and after the first day of January 2008, monthly base compensation for the designated city positions shall be paid as indicated below, subject to adjustments for time in service and overtime provisions contained in the city labor agreements.

A. The monthly compensation shall be paid as follows: The cost of living adjustment for 2008 is two and one-half percent for teamsters, Burlington Firefighters IAFF Local 4111 and nonrepresented employees. The Burlington Police Employees Guild (BPEG), police lieutenant and police chief will receive a cost of living adjustment of three and one-half percent effective January 1, 2008.

City Administrator	$9,209.40 – 10,365.26
Police Chief	$7,686.81 – 8,682.79
Public Works Director-Engineer	$7,712.72 – 8,680.74
City Attorney, Finance Director, Planning Director	$7,269.98 – 8,182.43
Fire Chief	$6,852.66 – 7,712.72
Police Lieutenant	$6,536.97 – 7,383.96
Assistant Public Works Director-Engineer, Fire Marshal	$6,459.29 – 7,269.98
Park and Recreation Director	$6,088.50 – 6,852.66
Library Director	$5,738.99 – 6,459.29
Accounting Manager, Sewer Supervisor	$5,409.55 – 6,088.50
Police Sergeant	$5,423.00 – 5,978.00
Building Official, Streets Supervisor	$5,251.99 – 5,911.16
Buildings and Grounds Supervisor	$5,099.02 – 5,738.99
Court Administrator, Parks Supervisor	$4,666.33 – 5,251.99
Police Officer	$4,373.00 – 5,212.00
Building Inspector	$4,559.27 – 5,131.50
Firefighter	$4,094.00 – 4,983.00
Administrative Assistant, Permit Center Manager	$4,172.38 – 4,696.05
Sewer Lead Operator	$4,517.00 – 4,617.00
Code Enforcement Officer, Engineer Technician, Engineer I, Police Administrative Secretary, IS Tech, Recreation Coordinator	$4,050.85 – 4,559.27
Street Lead Person, Park Lead Person	$4,401.00 – 4,546.00
Sewer Class II Operator, Lab Specialist, Pretreatment Coordinator	$4,089.00 – 4,445.00
Fire Prevention Specialist	$3,932.87 – 4,426.48
Children’s Librarian	$3,818.32 – 4,297.55
Utility I	$3,784.00 – 4,256.00
Sewer Class I Operator	$3,912.00 – 4,255.00
Legal Secretary	$3,599.13 – 4,050.85
Library Systems Administrator and Circulation Manager	$3,494.30 – 3,932.87
Accounting Specialist	$3,155.00 – 3,741.00
Staff Assistant I	$3,197.78 – 3,599.13
Court Clerk	$2,833.00 – 3,499.00
Police Records Clerk	$2,762.00 – 3,362.00
Work Crew Coordinator	$2,926.42 – 3,293.71
Accounting Technician I	$2,607.00 – 3,184.00
Custodian	$2,672.00 – 3,144.00
Senior Library Clerk	$2.758.43 – 3,104.64
Receptionist	$2,135.00 – 2,642.00
Mayor (Part Time)	$1,990.07
City Council	$600.00 – 800.00
Part Time and Seasonal Employees	$8.07 – 20.50/hr.

B. Longevity of $5.00 per month is in addition to base pay, for each year of service to begin the third year of employment for full-time nonunion employees.

C. Vacations for full-time nonunion employees shall be the same as for the Police Union (BPEG), Burlington Firefighters IAFF Local 4111 and Teamster Union employees.

D. Holidays. The following days shall be recognized as legal holidays for nonunion employees: New Year’s Day, Martin Luther King Jr.’s Birthday, Presidents’ Day, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving, the day after Thanksgiving Day, Christmas Eve, Christmas Day and one personal holiday. (Ord. 1642 § 4, 2007; Ord. 1634 § 5, 2007; Ord. 1633 § 4, 2007; Ord. 1622 § 4, 2007; Ord. 1614 § 4, 2006; Ord. 1610 § 4, 2006; Ord. 1585 § 4, 2005; Ord. 1566 § 4, 2004; Ord. 1529 § 4, 2003; Ord. 1516 § 4, 2003; Ord. 1515 § 4, 2003; Ord. 1513 § 4, 2002; Ord. 1511 § 4, 2002; Ord. 1490 § 4, 2002; Ord. 1489 § 4, 2002; Ord. 1485 § 4, 2002; Ord. 1483 § 4, 2001; Ord. 1481 § 4, 2001; Ord. 1458 § 4, 2001; Ord. 1443 § 4, 2000; Ord. 1442 § 4, 2000; Ord. 1433 § 4, 2000; Ord. 1422 § 4, 2000; Ord. 1416 § 4, 1999; Ord. 1384 § 4, 1998; Ord. 1360 § 3, 1997; Ord. 1359 § 4, 1997; Ord. 1355 § 3, 1997; Ord. 1335 § 3, 1997; Ord. 1332 § 3, 1997; Ord. 1325 § 4, 1996; Ord. 1314 § 4, 1995; Ord. 1277 § 4, 1994; Ord. 1269 § 4, 1994; Ord. 1244 § 4, 1993; Ord. 1219 § 4(A), 1992; Ord. 1174 § 1(A), 1990; Ord. 1160 § 1, 1990; Ord. 1159 § 1, 1990; Ord. 1156 § 1, 1989; Ord. 1133 § 1, 1988; Ord. 1123 § 1, 1988; Ord. 1106 § 1, 1987; Ord. 1073 § 1, 1985; Ord. 1054 § 1, 1984; Ord. 1031 § 1, 1983; Ord. 1011 § 1, 1982).

2.56.030 Compensation for mayor.

Effective January 1, 2006, the mayor of Burlington shall receive a salary of $1,821.33 per month together with a cost of living adjustment. Effective January 1, 2006, the mayor shall receive an annual cost of living adjustment commensurate with the COLA received by nonrepresented staff. (Ord. 1576 § 1, 2005; Ord. 1575 § 2, 2005).

2.56.040 Compensation for city councilmembers.

All councilmembers elected to new terms commencing on or after January 1, 2006, shall receive a salary increase in accordance with Ordinance 1575, passed by the city council and signed by the mayor on the twenty-third day of June, 2005. Newly elected first term councilmembers representing their respective ward, who are not completing an unexpired term, shall receive $500.00 per month during their first term. A newly elected first term at-large councilmember shall be compensated $500.00 per month for the first two two-year terms while serving on the city council of Burlington. Any re-elected councilmember entering their new term on January 1, 2006, shall receive $800.00 per month during their respective and during future consecutive terms. Those councilmembers whose terms do not expire until December 31, 2007, shall continue to receive their current monthly salary as of June 23, 2005, until the end of their term of office. Effective January 1, 2006, the following councilmembers shall receive a monthly increase in salary in accordance with Ordinance 1575:

Councilmember Ward:	Effective Date of Salary Change Stipulated by Ordinance 1575:
Ward #1 Councilmember	January 1, 2008
Ward #2 Councilmember	January 1, 2008
Ward #3 Councilmember	January 1, 2008
Ward #4 Councilmember	January 1, 2006
Ward #5 Councilmember	January 1, 2006
Ward #6 Councilmember	January 1, 2006
At-Large Councilmember	January 1, 2006

(Ord. 1576 § 1, 2005; Ord. 1575 § 3, 2005).

Chapter 2.60
OFFICIAL DEPOSITORIES

Sections:

2.60.010 Designated.

2.60.010 Designated.

The city finance director is instructed to designate the following banks and savings and loans in the city as depositories of monies required to be kept by the finance director:

Seafirst National Bank

Security Pacific Bank

Skagit State Bank

Washington Federal

Valley Bank

Washington Mutual

and said banks and savings and loans are designated as depositories which designation shall continue in force until revoked by a majority vote of the governing body of the city. (Ord. 1204 § 1, 1992; Ord. 1089 § 1, 1986; Ord. 560 § 1, 1958).

Chapter 2.62
HAZARDOUS MATERIALS INCIDENT COMMAND AGENCY

Sections:

2.62.010 Designated.

2.62.010 Designated.

The Skagit County department of emergency management is designated as the hazardous materials incident command agency to operate within the boundaries of the city. (Ord. 1116, 1988).

Chapter 2.64
EMERGENCY SERVICES

Sections:

2.64.010 Purpose.

2.64.020 Definitions.

2.64.030 Emergency services council – Created – Membership.

2.64.040 Emergency services council – Powers and duties.

2.64.050 Director – Office created – Powers and duties.

2.64.060 Organization – Divisions, services and staff – Council authority.

2.64.070 Organization – Duty of city officers.

2.64.080 Unlawful acts designated – Penalty.

2.64.010 Purpose.

The declared purposes of this chapter are to provide for the preparation and carrying out of plans, including mock or practice drills, for the civil defense of persons and property within this city in the event of a disaster, and to provide for the coordination of the emergency services and disaster functions of this city with all other public agencies and affected private persons, corporations and organizations. Any expenditures made in connection with such emergency services and disaster activities, including mutual aid activities, and mock or practice drills, shall be deemed conclusively to be for the direct protection and benefit of the inhabitants and property of the city. (Ord. 546 § 1, 1956).

2.64.020 Definitions.

As used in this chapter, the following words and phrases shall have the following meanings:

A. “Disaster” means actual or threatened enemy attack, sabotage, extraordinary fire, flood, storm, epidemic, riot, earthquake or other similar public calamity.

B. “Emergency services” means the preparation for and the carrying out of all emergency functions, other than functions for which military forces are primarily responsible, to prevent, minimize and repair injury and damage resulting from disasters. It shall not include, nor does any provision of this chapter apply to any condition relating to a labor controversy. (Ord. 546 § 2, 1956).

2.64.030 Emergency services council – Created – Membership.

Pursuant to the authority conferred by RCW 38.52.070, there is created an emergency services council. The council shall consist of the following:

A. The mayor, who shall be chairman;

B. The chief of police, who shall be a co-director of emergency services;

C. The fire chief, who shall be a co-director of emergency services;

D. The city administrator;

E. One city councilmember;

F. Such city officials and other citizens of this city as may be appointed by the mayor with the advice and consent of the city council. (Ord. 1466 § 1, 2001; Ord. 546 § 3, 1956).

2.64.040 Emergency services council – Powers and duties.

It shall be the duty of the emergency services council, and it is empowered, to review and recommend for adoption, civil defense and mutual aid plans and agreements and such resolutions, rules and regulations as are necessary to implement such plans and agreements. The emergency services council shall meet upon call of the chairman or, in his absence from the city or inability to call such meeting, upon the call of the vice-chairman. (Ord. 546 § 4, 1956).

2.64.050 Director – Office created – Powers and duties.

A. There is created the office of director of emergency services. Such officer shall be appointed by the mayor with the advice and consent of the emergency services council.

B. The director is empowered and directed:

1. To prepare an emergency services operating plan for the city conforming to the county and state emergency services plan and program;

2. To control and direct the effort of the emergency services organization of this city for the accomplishment of the purposes of this chapter;

3. To direct coordination and cooperation between divisions, services and staff of the emergency services organization of this city, and to resolve questions of authority and responsibility that may arise between them;

4. To represent the emergency services organization of this city in all dealings with public or private agencies pertaining to emergency services and disaster.

C. In the event of disaster as provided in this chapter, the director is empowered:

1. To make and issue rules and regulations on matters reasonably related to the protection of life and property as affected by such disaster; provided, however, such rules and regulations must be confirmed at the earliest practicable time by the emergency services council;

2. To obtain vital supplies, equipment and such other properties found lacking and needed for the protection of the life and property of the people, and bind the city for the fair value thereof, and if required immediately, to commandeer the same for public use;

3. To require emergency services of any city officer or employee, and in the event of a proclamation by the Governor of the existence of a disaster, to command the aid of as many citizens of this community as he considers necessary in the execution of his duties. Such persons shall be entitled to all privileges, benefits and immunities as are provided by state law for registered emergency services workers;

4. To execute all of the special powers conferred upon him by this chapter or by resolution adopted pursuant thereto, all powers conferred upon him by statute, agreement approved by the emergency services council, or by any other lawful authority;

5. To requisition necessary personnel or material of any city department or agency. (Ord. 546 §§ 5, 6, 1956).

2.64.060 Organization – Divisions, services and staff – Council authority.

A. The functions and duties of the Burlington emergency services organization shall be distributed among such divisions, services and special staff as the emergency services council shall prescribe.

B. The emergency services council shall, concurrently with the adoption of the ordinance codified in this chapter, prescribe the form of organization, establishment and designation of divisions and services, the assignment of functions, duties and powers, and the designation of officers and employees. Insofar as possible, the form of organization, titles and terminology shall conform to the recommendations of the federal government and the Department of Emergency Services of the state. (Ord. 546 § 8, 1956).

2.64.070 Organization – Duty of city officers.

All officers and employees of this city, together with those volunteer forces enrolled to aid them during a disaster, and all groups, organizations and persons who may by agreement or operation of law, including persons pressed into service under the provisions of BMC 2.64.050, charged with duties incident to the protection of life and property in this city during disaster, shall constitute the emergency services organization of the city. (Ord. 546 § 7, 1956).

2.64.080 Unlawful acts designated – Penalty.

It is a misdemeanor, punishable as provided in chapter 1.24 BMC, for any person during a disaster:

A. To wilfully obstruct, hinder or delay any member of the emergency services organization in the enforcement of any lawful rule or regulation issued pursuant to this chapter, or in the performance of any duty imposed upon him by virtue of this chapter;

B. To do any act forbidden by any lawful rules or regulations issued pursuant to this chapter, if such act is of such a nature as to give, or be likely to give assistance to the enemy, or to imperil the lives or property of inhabitants of this city, or to prevent, hinder or delay the defense or protection thereof;

C. To wear, carry or display, without authority, any means of identification specified by the State Department of Emergency Services. (Ord. 546 § 9, 1956).

Chapter 2.68
CEMETERY⁴

Sections:

2.68.010 Definitions.

2.68.020 Admission to cemetery.

2.68.030 Liability.

2.68.040 Vehicles.

2.68.050 Conduct.

2.68.060 Peddling or soliciting.

2.68.070 Signs.

2.68.080 Authority of cemetery staff.

2.68.090 Errors may be corrected.

2.68.100 Delays.

2.68.110 Nonlimitation.

2.68.120 Amendments.

2.68.130 Arrangements for funerals and interments.

2.68.140 Interment procedure.

2.68.150 Outer burial container.

2.68.160 Interments by employees.

2.68.170 Permit and identity.

2.68.180 Opening the casket.

2.68.190 Delay of interment.

2.68.200 Endowed care.

2.68.210 Endowed care of plot.

2.68.220 Endowment care of mausoleum or columbarium.

2.68.230 Endowment care exclusions.

2.68.240 Endowment limited to income.

2.68.250 Removals and disinterments.

2.68.260 Ownership rights.

2.68.270 Disposition of unused or abandoned lots.

2.68.280 Death certificate.

2.68.290 Individual decorations.

2.68.300 Monuments, headstones, markers.

2.68.310 Cemetery fees and charges.

2.68.320 Welfare burials.

2.68.330 Cemetery board.

2.68.340 Miscellaneous provisions.

2.68.350 Miscellaneous regulations.

2.68.010 Definitions.

“Cemetery” means the burial ground commonly known as Burlington Greenhills Ceme-

tery, including, without limitations:

1. All land dedicated, reserved or used for interment of the remains of human dead;

2. All vegetation therein;

3. All graves, mausoleums, crypts, columbaria, niches or other interment spaces therein;

4. All works of art therein;

5. All roads, walkways and other structures of every kind therein;

6. All equipment and facilities incidental to the operation of Burlington Greenhills Cemetery.

“City” means the city of Burlington.

“Columbarium” means a structure or other space containing niches for permanent inurnment of cremated remains.

“Committal” means the part of a funeral service which commits the remains of the deceased to their final resting place.

“Companion graves” means two single graves side by side or of one double depth grave.

“Cremated remains” means a human body after cremation in a crematory.

“Crypt” means a space in a mausoleum of sufficient size, used or intended to be used, to entomb uncremated human remains.

“Endowment care” means cutting of the lawns on the graves and other lawn areas within the cemetery at reasonable intervals, and the general maintenance of the cemetery including building roads, fences, etc., in so far as the net income derived from the endowment care fund will permit.

“Funeral” means a memorial service for a deceased person.

“Grave” means a space of land in a cemetery used or intended to be used for the burial of human remains.

“Grave owner” or “owner” means any person in whose name an interment plot stands of record as owner, in the records of the cemetery at Burlington City Hall.

“Human remains” or “remains” means the body of a deceased person, and includes the body in any stage of decomposition except cremated remains.

“Interment” means the (a) burial, (b) entombment or (c) inurnment of human remains.

1. “Burial” means the disposition of human remains by earthen burial in a grave.

2. “Entombment” means the placement of human remains in a crypt either above or below ground.

3. “Inurnment” means placing of cremated remains in an urn in a grave, crypt, or niche.

“Mausoleum” means a structure or building for the entombment of human remains in crypts in a place used, or intended to be used, for cemetery purposes.

“Memorial” means (a) a monument, tombstone, grave marker, tablet or headstone identifying a grave or graves or (b) a name plate or inscription identifying a crypt or niche to preserve remembrance.

“Niche” means a space in a columbarium used or intended to be used for the inurnment of cremated human remains.

“Plot” means a grave, niche or crypt. (Ord. 1193 § 1, 1991).

2.68.020 Admission to cemetery.

Visitors and the public are invited to utilize this cemetery in a manner consistent with its purpose as a place of interment and as a memorial, subject to the following:

A. Children are not permitted on the premises unless in the company of a responsible adult and they shall be supervised at all times.

B. The headstones and monuments on the premises shall not be handled, climbed upon or otherwise mistreated.

C. No one shall move, repair, or otherwise alter any monument or headstone without written consent of the city.

D. No one shall deface or otherwise damage any monument or headstone. (Ord. 1193 § 2(a), 1991).

2.68.030 Liability.

The following warning shall be posted near the cemetery entrance:

WARNING: THE MONUMENTS AND HEADSTONES ON THESE PREMISES MAY FALL RESULTING IN SERIOUS PERSONAL INJURY IF MOVED OR CLIMBED UPON. ALL ENTRANTS ON THESE PREMISES DO SO SUBJECT TO THE FOREGOING RULES AND AT THEIR OWN RISK. THE CITY OF BURLINGTON SHALL NOT BE LIABLE TO ANY PERSON FOR INJURIES SUSTAINED WHILE WITHIN ANY PORTION OF THE CEMETERY.

(Ord. 1193 § 2(b), 1991).

2.68.040 Vehicles.

All vehicles must be kept under control at all times. No vehicle shall be driven in any part of the cemetery except on the driveways laid out for that purpose. Vehicles shall not be driven in the cemetery at a speed exceeding 10 miles per hour. (Ord. 1193 § 2(c), 1991).

2.68.050 Conduct.

It is of utmost importance that there be strict observance of all rules at all times and the city employees are authorized and directed to prevent improper assemblies or activities.

A. Loud talking and distracting activities will be avoided within hearing distance of a funeral service.

B. Littering including wilted or dead flowers and any other refuse on drives, paths, or any grounds or in any building is prohibited.

C. It is forbidden to pluck any flower, break any branch or remove any tree or plant, nor shall anyone write upon, deface, or damage any memorial, fence or other structures within the cemetery. (Ord. 1193 § 2(d), 1991).

2.68.060 Peddling or soliciting.

No person will be permitted to peddle flowers or plants or to solicit the sale of any commodity within the cemetery. (Ord. 1193 § 2(e), 1991).

2.68.070 Signs.

No signs, notices or advertisements of any kind shall be allowed in the cemetery, unless placed by the city. (Ord. 1193 § 2(f), 1991).

2.68.080 Authority of cemetery staff.

The cemetery staff is/are empowered to enforce all rules and regulations and to exclude from the cemetery any person violating the same. He or she is responsible for the grounds and buildings. All persons in the cemetery, including the conduct of funerals, traffic, employees, plot owners and visitors shall comply with this code. (Ord. 1193 § 2(g), 1991).

2.68.090 Errors may be corrected.

The city reserves, and shall correct any errors that may be made by it either in making interments, disinterments or removals, or in the description, transfer or conveyance of any interment property, either by canceling such conveyance and substituting and conveying in lieu thereof other interment property of equal value and similar location as far as possible, or as may be selected by the cemetery staff, by refunding the amount of money paid on account of said purchase. In the event the error involves the interment of the remains of any person in such property, the staff reserves, and shall have, the right to remove and reinter the remains to such other property of equal value and similar location as may be substituted and conveyed in lieu thereof. The city shall correct any errors made by placing an improper description, including an incorrect name or date on the memorial. (Ord. 1193 § 2(h), 1991).

2.68.100 Delays.

The city shall not be liable for any delay in the fulfillment of any of its contracts or legal obligations, including, but not limited to, maintenance, care, memorial work or construction which may arise from causes beyond its reasonable control and, especially, from delays caused by the elements, thieves, vandals, strikes, malicious mischief matters, unavoidable accidents, or other circumstances beyond the control of the city. (Ord. 1193 § 2(i), 1991).

2.68.110 Nonlimitation.

In all matters not specifically covered by these general rules and restrictions, the city reserves the right to do anything which in its judgement is deemed reasonable in the cemetery, and such determination shall be binding upon lot holders and all parties concerned. (Ord. 1193 § 2(j), 1991).

2.68.120 Amendments.

The city may, and hereby expressly reserves the right, at any time or times, to adopt new rules and regulations, or to amend, alter, or repeal any rule, regulation or article, section, paragraph or sentence in these rules and regulations. Any such change in the rules and regulations shall be binding upon all parties without notice. (Ord. 1193 § 2(k), 1991).

2.68.130 Arrangements for funerals and interments.

A. Office Appearance. Family of the deceased, or friends, in the absence of family, taking responsibility for the funeral arrangements, shall come to the Burlington City Hall in order to authorize the interment, make necessary arrangement and payment thereof.

B. No Telephone Calls. The city shall not be responsible for any order given by telephone or for any error arising from the want of precise and proper instructions as to the particular grave, crypt or niche location where interment is desired.

C. Liability of Signer. Any person signing the authorization for interment of remains warrants any fact set forth in the authorization, the identity of the person whose remains are sought to be interred and his/her authority to order the interment. He or she is personally liable for all damage occasioned by or resulting from breach of such warranty.

D. 24-Hour Notice. The city has the right to insist upon 24 hours’ notice prior to any interment. (Ord. 1193 § 3, 1991).

2.68.140 Interment procedure.

A. Graves, crypts, niches may be purchased at Burlington City Hall. Interments will not be permitted in grave, crypts or niches without being paid for in full.

B. Graves, crypts or niches are sold for the purpose of human remains only. Disposition of any remains by interment or otherwise on Sunday is prohibited, except in case of contagious disease as required by law.

C. No interments, disinterments or removals shall be permitted on Sunday or any holiday observed by the city.

D. No burial will be permitted in the cemetery without a properly completed burial permit or transit permit. (Ord. 1193 § 4(a – d), 1991).

2.68.150 Outer burial container.

A. Every earth interment shall be enclosed in a concrete two-piece grave box, concrete vault or other unit of suitable material approved by the cemetery staff.

B. The installation of these outer containers shall be performed by cemetery staff or an approved supplier with suitable equipment and ability to perform. All supplier installations will be under the direction of cemetery staff. (Ord. 1193 § 4(e), 1991).

2.68.160 Interments by employees.

Interments including opening and closing will be done by cemetery staff using equipment owned by the city for this purpose. (Ord. 1193 § 4(f), 1991).

2.68.170 Permit and identity.

The city will not be liable for the interment permit nor the identity of the person sought to be interred. (Ord. 1193 § 4(g), 1991).

2.68.180 Opening the casket.

Once a casket containing remains is within the boundaries of the cemetery, the city reserves the right to refuse permission to all persons to open the casket or to touch the remains without the consent of the legal representative of the deceased or a court order. (Ord. 1193 § 4(h), 1991).

2.68.190 Delay of interment.

The city will in no way be liable for any delay in the interment of the remains when:

A. A written protest to the interment has been filed in Burlington City Hall.

B. Rules and regulations have not been complied with.

C. Instructions regarding the location of a lot or plot cannot be obtained or are indefinite, or when for any reason the interment space cannot be opened where specified. (Ord. 1193 § 4(i), 1991).

2.68.200 Endowed care.

No grave, niches, crypts will be sold in the Burlington Cemetery without endowed care. (Ord. 1193 § 5(a), 1991).

2.68.210 Endowed care of plot.

The city has created an endowment care fund in accordance with the statutes of the state of Washington to be operated by the city for the mutual benefit of the lot owners contributing to the fund. The term “endowment care” used in reference to a plot, means the cutting of grass upon said plot at reasonable intervals, the pruning of shrubs and trees planted by the city for general embellishment and the general preservation of the plot, to the end that said grounds shall be reasonably cared for as grounds forever. (Ord. 1193 § 5(b), 1991).

2.68.220 Endowment care of mausoleum or columbarium.

The term “endowment care” used in reference to a mausoleum or columbarium means the cleaning and sweeping of the building at reasonable intervals, making repairs caused by normal wear. (Ord. 1193 § 5(c), 1991).

2.68.230 Endowment care exclusions.

The term “endowment care” shall not include any of the following: Cleaning, maintenance, repair or replacement of any memorial placed or erected upon plots; hand trimming around memorials; planting of flowers or ornamental plants; maintenance or doing of any special or unusual work in the cemetery; reconstruction of any marble, granite, bronze or concrete work in the cemetery, or of any buildings or structures, to restore or repair damage. The city may use income received from an endowment care fund for the above purposes if in its judgement it is advisable to do so. (Ord. 1193 § 5(d), 1991).

2.68.240 Endowment limited to income.

Endowment care, whether applied to lots, crypts, niches, graves, or to any space within the confines of the cemetery shall be limited to the net income received from the investment of endowment care fund. (Ord. 1193 § 5(e), 1991).

2.68.250 Removals and disinterments.

A. Cemetery Policy. Remains once interred in Burlington Cemetery are considered permanently disposed of and removal from one grave to another within the cemetery, or removal from Burlington Cemetery to any other cemetery is strongly discouraged.

B. Procedure for Disinterments.

1. Signed affidavit(s) of the nearest of kin approving the disinterment or removal.

2. Signed approval of the lot holder or their lawful representative.

3. Disinterment permit from civil authorities for removal from Burlington Cemetery.

4. The desired lot must be selected, all charges for disinterment and reinterment, together with all other charges due, must be paid.

C. Removal Permit. Remains removed from other cemeteries and brought to Burlington Cemetery for reinterment must be accompanied by the proper papers as prescribed by law.

D. Liability. The city will exercise utmost care in making a disinterment, but assumes no liability for damage to any casket, vault, liner, grave box, or any other burial case in making the removal or disinterment.

E. Outer Case Replacement. When, in the opinion of the city, a new outside box is needed, at the time of reinterment following a disinterment, it must be provided by the person arranging for the removal, through the cemetery.

F. Prior Notice. At least one week’s prior notice is required for any disinterment or removal, after the rules and regulations have been complied with.

G. Removal for Profit Prohibited. Removal, by the heirs, of any remains so that

the lot may be sold for profit, is absolutely forbidden. (Ord. 1193 § 6, 1991).

2.68.260 Ownership rights.

A. Right of Interment. The purchaser of a lot or lots is granted or conveyed only the right of interment of human remains and the right of installation of a memorial on each lot. The owner of the right of interment does not possess a fee interest or any other interest in the land itself.

B. Titles and Rights to Cemetery Plots. Title and rights to cemetery plots shall be governed by chapter 68.32 RCW, now and hereafter amended.

C. Purchasing. Lots can be purchased for cash or on time payment plan at City Hall. In the event that any lot is purchased immediately prior to the time of interment, arrangement must be made for full payment of such lot before the interment will be made. A purchaser has no right, interest, estate, or title whatsoever to any lot until the purchase price is paid in full.

D. Document of Ownership. Upon receipt of full payment for a lot, the city will issue an appropriate document evidencing the ownership thereof. (Ord. 1193 § 7, 1991).

2.68.270 Disposition of unused or abandoned lots.

A. Abandoned Lots. To preserve the active nature of the cemetery, any interment space will be deemed abandoned if there is no recorded activity on the lot for a period of 60 years. Any lot deemed abandoned may be reclaimed by the cemetery and disposed of as the cemetery sees fit.

B. Disposition of Unused Lots. Should a lot holder of unused interment space no longer need the lot in the cemetery they may sell the lot back to the cemetery at the original purchase price. (Ord. 1193 § 8, 1991).

2.68.280 Death certificate.

No interment will be permitted without the proper death certificate or burial permit as required by the health authorities. Cremated remains must be accompanied by a copy of the burial or transit permit or other document acceptable to the cemetery to certify identity of the cremated remains. (Ord. 1193 § 9, 1991).

2.68.290 Individual decorations.

A. Floral Regulation. No planting is permitted on any plot. No flower receptacles or planter boxes may be placed on any plot or in any mausoleum or columbarium unless material, size and design are approved by the cemetery board. Receptacles may be purchased from and placed by the city. The city shall have authority to remove all floral designs, flowers, trees, shrubs, plants or herbage of any kind, from the cemetery when in its judgement of the cemetery staff they become unsightly, dangerous, detrimental, diseased o