Chapter 20.100
MISCELLANEOUS REVIEW
Sections:
20.100.020 Repealed.
20.100.030 Expired.
20.100.040 Review of approved permits.
20.100.050 Forest Practices Act moratorium.
20.100.000 Scope.
Repealed by Ord. 3736. [Ord. 3112 § 26, 1996].
20.100.010 Hearing examiner review.
Repealed by Ord. 3736. [Ord. 3465 § 3, 2003; Ord. 3112 § 27, 1996; Ord. 2616 § 1, 1987].
20.100.020 Planning advisory board review.
Repealed by Ord. 3736. [Ord. 3091 § 1, 1996].
20.100.030 Return of appeal fee.
Expired. [Ord. 3783 § 16, 2010].
20.100.040 Review of approved permits.
A. Scope. Any permit approved by the city under the community development code may be reviewed under this section if the conditions of the permit are not being met, the requirements of the city code of Edmonds are not being met, or the permitted activity is causing a nuisance or hazardous condition. A permit includes any city approval under the community development code.
B. Initiation of Review. A review under this section may be initiated by:
1. The community development director;
2. An approved motion of the city council;
3. An application, accompanied by the application fee set in Chapter 15.00 ECDC, of three persons living in separate dwellings located within 300 feet of the site of the allowed activity stating their belief as to how the provisions of subsection A of this section have been met.
C. Review Procedure.
1. The director of community services shall notify the permittee in writing that the permit is being reviewed, list the alleged deficiencies, and specify a reasonable time for the permittee to correct the deficiencies.
2. If the permittee could reasonably correct the deficiencies, but fails to do so within the specified time, the director of community services may refer the matter to the city attorney for criminal or civil enforcement of the city code, or the conditions of the permit.
3. If the only reasonable ways to correct the deficiencies are for the permittee to cease the permitted activity, or for the city to impose new or changed conditions on the permit, the director of community services shall refer the matter to the hearing examiner for review.
4. The hearing examiner shall hold a public hearing under Chapter 20.91 ECDC to review the permit or approval, using criteria required for the original permit, and subsection A of this section.
5. If the hearing examiner finds that deficiencies exist, and that they can be reasonably corrected by imposing new or changed conditions on the permit, the permit conditions may be changed. The hearing examiner’s actions shall be final, unless the original approval required city council approval. In that case, the hearing examiner’s action shall be a recommendation to the council to be considered by the council under ECDC 20.100.030.
6. If the hearing examiner finds that the only reasonable way to correct the deficiencies is for the permittee to cease the permitted activity, the hearing examiner may revoke the permit. The hearing examiner’s action shall be appealable to the city council under ECDC 20.100.010.
7. If the permit is revoked, the permit shall be null and void, and all activity allowed by the permit shall cease. [Ord. 3112 § 29, 1996].
20.100.050 Forest Practices Act moratorium.
When the city has been notified by the Washington State Department of Natural Resources (hereinafter DNR) that a violation of the Forest Practices Act has occurred, pursuant to the requirements of RCW 79.09.060, the city, by the director of development services, shall impose a six-year moratorium on that portion of the property or project which has been converted from forest use, as such term is defined by statute or the order of DNR. The moratorium may be conditioned in order to preserve public safety and prevent further environmental damage.
A. The owner of the property or permittee impacted by the moratorium or any property owner within 300 feet of the site:
1. May appeal the nature and extent of the moratorium as a staff decision pursuant to the provisions of ECDC 20.105.010(A); or
2. May apply to the director at any time during the six-year period for a lifting of the moratorium. The moratorium shall be lifted only upon a showing by the owner or permittee that all significant issues identified by the director relating to safety, aesthetics, the violation of any city permit condition of approval and any violation of city code will be fully mitigated by the action of the permittee. In the event that any issue has not been fully mitigated, the lifting of the moratorium may be conditioned upon the future satisfaction of conditions or by a bond or other surety designed to mitigate the negative impacts of the applicant’s actions and/or violations. The director’s review shall be processed pursuant to ECDC 20.95.050 and may be appealed pursuant to ECDC 20.105.010(A).
B. In the event that the city has initiated a review of an approved permit pursuant to the provisions of this section, the procedures in subsection (A) of this section shall not apply and a hearing regarding whether, and under what conditions, a moratorium may be lifted, shall be consolidated with a hearing under ECDC 20.100.040. [Ord. 3504 § 1, 2004].