Title 2
ADMINISTRATION AND PERSONNEL*

Chapters:

2.04 Council Meetings – Elected Officials

2.06 City Council Confirmation Process for Appointed Officials and Employees

2.08 Assistant to the Mayor

2.10 Mayor

2.11 Mayor Pro Tempore

2.12 Finance Director

2.16 City Attorney

2.19 Municipal Court

2.20 Repealed

2.21 Office of Neighborhoods and Community Affairs

2.22 Hearing Examiner

2.23 Community Development

2.24 Advisory Bodies – General Provisions

2.25 Library Board

2.26 Arts Commission

2.27 Tourism Advisory Committee

2.28 Park Board

2.29 Planning Commission

2.30 Historical Commission

2.31 Public Facilities District

2.32 Park Department

2.34 Fire Department

2.36 Police Department

2.37 Custodial Care Standards

2.38 Disability Board

2.39 Firemen’s Pension Board

2.40 Sewer Department

2.44 Street and Public Works Department

2.45 Office of Economic Development and Policies for Economic Development
and Employment

2.47 Repealed

2.48 Basic Compensation Plan

2.49 Part-Time Employee Benefits Program

2.50 Personnel Benefits

2.52 Repealed

2.54 Vacation, Sick Leave and Holidays

2.56 Civil Service

2.58 Neighborhoods and Demographic Diversity Advisory Commission

2.60 Repealed

2.68 Information-Gathering Representatives

2.70 Performance Measurement and Results

2.72 City Budget Process

2.76 Procedure for Issuing Permits

2.80 Disposition of Lost or Unclaimed Property and Monies

2.90 Legal Defense for City Employees

2.92 Contract Approval

2.94 Code of Ethics

2.96 Public Defense Services

*For provisions regarding chief of fire department, see LMC Title 9; bureau of fire prevention, see LMC Title 9; zoning commission, see LMC Title 20; health officer, see LMC 7.04.030; building inspector, see LMC Title 16; electrical inspector, see LMC Title 16; statutes relating to third-class cities generally, see Chapter 35.24 RCW; fiscal and cremation agent, see Chapter 3.60 LMC.

Chapter 2.04
COUNCIL MEETINGS – ELECTED OFFICIALS*

Sections:

2.04.010 Time and place of regular business meetings.

2.04.020 Effect of holiday falling on meeting day.

2.04.030 Time and place of work sessions.

2.04.040 Purpose of work sessions.

2.04.050 Journal of proceedings.

2.04.060 Qualifications to hold city elective office.

2.04.070 Qualifications in addition to state law.

2.04.080 Position created – Administrative assistant.

2.04.090 Compensation.

2.04.100 Exclusion from general salary ordinance and exceptions.

2.04.110 Duties.

2.04.120 Supervision.

2.04.130 Confidentiality.

*For statutory requirements, see RCW 35.24.180.

2.04.010 Time and place of regular business meetings.

A. Beginning September 1, 2002, the city council shall meet on the second and fourth Monday of each month for regular business meetings at 7:00 p.m. and continuing until adjournment no later than 10:00 p.m. unless the meeting is extended by a majority vote of the council.

B. Meetings will be held in the council chambers at the Civic Center of the city of Lynnwood, located at 19100 44th Avenue West, or at such other places, dates, and time as the city council shall direct at the previous regular business meeting, or regular work session, or as provided according to law.

C. The city council may by resolution adopt rules to provide procedures for adjournments as needed. (Ord. 2420 § 1, 2002; Ord. 2090 § 1, 1996; Ord. 1622 § 1, 1988; Ord. 1503 § 1, 1986; Ord. 1476 § 1, 1985; Ord. 201 § 1, 1964)

2.04.020 Effect of holiday falling on meeting day.

In the event that a Monday shall fall on a legal holiday, then in such event, the official meeting night of the city council shall be the Tuesday night following such Monday holiday. (Ord. 1503 § 5, 1986; Ord. 1476 § 5, 1985; Ord. 201 § 2, 1964)

2.04.030 Time and place of work sessions.

A. The city council shall meet on the first, third, and fifth Mondays and the third Wednesday of each month for work sessions at 7:30 p.m. and continuing until adjournment at 10:30 p.m. To continue past this time of adjournment, a majority of councilmembers present must concur.

B. Meetings will be held in the council chambers at the Civic Center of the city of Lynnwood, located at 19100 44th Avenue West, or at such other places, dates, and time as the city council shall direct at the previous regular business meeting, or regular work session, or as provided according to law.

C. The city council may by resolution adopt rules to provide procedures for adjournment as needed. (Ord. 2090 § 2, 1996; Ord. 1622 § 2, 1988; Ord. 1503 § 2, 1986)

2.04.040 Purpose of work sessions.

The work session shall be for the purpose of reviewing and discussing matters coming before the council at their regular business meetings and, except for final action on matters, the council may take all actions it deems necessary and appropriate, including but not limited to, scheduling of:

A. Regular and special meetings;

B. Public meetings and hearings;

C. Items for future regular or special meeting agendas. (Ord. 2090 § 3, 1996; Ord. 1503 § 3, 1986)

2.04.050 Journal of proceedings.

The requirement of RCW 35A.12.120, “A journal of all proceedings shall be kept, which shall be a public record,” shall be satisfied for a work session by a record of the roll call for attendance and a listing of the items to be reviewed. (Ord. 1503 § 4, 1986)

2.04.060 Qualifications to hold city elective office.

No elective officer or councilmember of the city of Lynnwood shall hold any other office, federal, state, county or municipal, except in the National Guard or any branch of the United States military or as a notary public; provided, this chapter shall not prohibit any Lynnwood elective officer or councilmember from holding a position on any municipal or quasi-municipal agency as part of that office holder’s duties and responsibilities to the Lynnwood office so held. (Ord. 1623 § 1, 1988)

2.04.070 Qualifications in addition to state law.*

Those qualifications to hold an elective office in the city set forth in LMC 2.04.060 are in addition to and not in contravention of those qualifications set forth in state law. (Ord. 1623 § 2, 1988)

*For statutory requirements, see RCW 35A.12.030.

2.04.080 Position created – Administrative assistant.

The position of administrative assistant to the city council is hereby created and established. (Ord. 2608 § 1, 2006)

2.04.090 Compensation.

The administrative assistant to the city council shall receive compensation in such amounts as the city council may establish from time to time by ordinance; provided, however, the administrative assistant to the city council shall receive:

A. Annual cost of living adjustments (COLA) at the same time and at the same rate such adjustments are given to other unrepresented employees of the city of Lynnwood; and

B. Benefits in the same manner and to the same extent as regular part-time employees of the city of Lynnwood receive according to Chapter 2.49 LMC and as that chapter may be revised hereafter. (Ord. 2667 § 1, 2007; Ord. 2608 § 1, 2006)

2.04.100 Exclusion from general salary ordinance and exceptions.

The position of city council administrative assistant is excluded from salary, wages, and other provisions of Chapter 2.48 LMC, except: LMC 2.48.020, Definitions; LMC 2.48.112, Retiree health savings plan; LMC 2.48.130, Exclusions and deductions; and LMC 2.48.210, Deferred compensation, may apply to this position as provided from time to time by separate ordinance. (Ord. 2608 § 1, 2006)

2.04.110 Duties.

The duties of the administrative assistant to the city council shall include administrative and secretarial support for city council members, coordination of office functions, serve as liaison between city administrators, council members and staff, and such other duties that may be prescribed by the job description and memorandum of understanding between the mayor and city council. (Ord. 2608 § 1, 2006)

2.04.120 Supervision.

Subject to the mayor’s authority to manage, discipline, and discharge all city employees, the administrative assistant to the city council shall report to and receive direction from the president of the city council. (Ord. 2608 § 1, 2006)

2.04.130 Confidentiality.

Subject to the public disclosure laws of the state of Washington, the administrative services provided by the administrative assistant to the city council shall be considered confidential unless and until such confidentiality is waived by the affected council member, the president of the city council, or by authorized publication in a public forum. (Ord. 2608 § 1, 2006)

Chapter 2.06
CITY COUNCIL CONFIRMATION PROCESS FOR APPOINTED OFFICIALS AND EMPLOYEES

Sections:

2.06.010 Scope.

2.06.020 Confirmation process resolution or motions – Elements.

2.06.030 Referral of candidates.

2.06.040 Confirmation vote.

2.06.010 Scope.

This chapter shall apply to the appointment and confirmation process of the following appointive city officials and employees: city attorney under LMC 2.16.020, municipal court judge under LMC 2.19.030, hearing examiner under LMC 2.22.030, finance director under LMC 2.12.030, parks and recreation department director under LMC 2.32.040, fire chief under LMC 2.34.030, police chief under LMC 2.36.030, public works director under LMC 2.44.020, economic development director under LMC 2.45.030, community development director, and human resources director. (Ord. 2423 § 1, 2002; Ord. 2328 § 1, 2000; Ord. 2324 § 1, 2000; Ord. 2311 § 2, 2000)

2.06.020 Confirmation process resolution or motions – Elements.

Any appointive officials or employees named in LMC 2.06.010 shall be subject to a confirmation process established by a city council resolution or motion, which for the referred candidates may include, but is not limited to: interviews, review of document submissions, open questions, and a hearing before the city council; provided, any interviews, questioning, or hearings before a majority of the members of the city council shall take place only in executive session to the extent permitted by the executive session provisions of the state’s Open Meetings Act. (Ord. 2423 § 2, 2002; Ord. 2311 § 2, 2000)

2.06.030 Referral of candidates.

No city councilmember shall be invited to, nor participate in, any administrative interview panel for candidate selection of appointive officials or employees. At the conclusion of the initial administrative interview process, the mayor shall refer to the council at least three candidates for a city council confirmation process. The council resolution or motion made pursuant to LMC 2.06.020 may change the number of candidates to be referred by mayor based upon substantial justification acceptable to the council. At the conclusion of the city council confirmation process, the mayor may make an appointment from the group of referred candidates to the council for a confirmation vote; provided, that individual councilmembers may contact the mayor informally prior to the appointment to informally voice their opinions and recommendations, if any, but the city council shall take no action to recommend or direct the mayor’s appointment of any candidate. (Ord. 2311 § 2, 2000)

2.06.040 Confirmation vote.

The confirmation of a proposed appointment by the mayor shall be by a majority vote of the city council. (Ord. 2311 § 2, 2000)

Chapter 2.08
ASSISTANT TO THE MAYOR*

Sections:

2.08.010 Appointment.

2.08.020 Duties.

2.08.030 Salary.

*Prior legislation: Ord. 23.

2.08.010 Appointment.

There is created a position of an assistant to the mayor, who shall be and act as an assistant to the mayor and shall be under the authority and direction of the mayor. The position may be filled or vacated by action of the mayor. (Ord. 2378 § 2, 2001; Ord. 685 § 1, 1973)

2.08.020 Duties.

The assistant shall assist the mayor in the performance of various duties as determined by the mayor and shall do all things required by the mayor or city council to assist in the administration of the city government business. The incumbent shall assist in the coordination and liaison of city business between the city council and the various city officers and the city departments. Except for the above-specified duties for the city council, the mayor may modify the position’s duties as needed. (Ord. 2378 § 3, 2001; Ord. 685 § 2, 1973)

2.08.030 Salary.

The assistant shall receive a salary in such amount as the city council may establish from time-to-time by general salary ordinance. (Ord. 2378 § 4, 2001; Ord. 730 § 5, 1974; Ord. 685 § 3, 1973)

Chapter 2.10
MAYOR

Sections:

2.10.010 Duties.

2.10.020 Full-time position.

2.10.030 Salary.

2.10.010 Duties.

The mayor shall have all duties heretofore set forth in the ordinances of the city of Lynnwood and all duties defined in Chapter 35A.12 RCW (particularly RCW 35A.12.090 and 35A.12.100). (Ord. 684 § 1, 1973; Ord. 650 § 1, 1972)

2.10.020 Full-time position.

The position of mayor shall hereafter be a full-time position such that the mayor shall not accept or hold employment which will prevent the mayor from being available at the city offices during the hours that the city offices are open to the public or which would prevent the mayor from regularly attending council meetings and such additional evening meetings as may from time-to-time be required. (Ord. 684 § 2, 1973; Ord. 650 § 2, 1972)

2.10.030 Salary.

The mayor shall receive a salary in such amount as the city council may establish from time-to-time by ordinance. (Ord. 730 § 6, 1974; Ord. 684 § 3, 1973; Ord. 650 § 3, 1972)

Chapter 2.11
MAYOR PRO TEMPORE

Sections:

2.11.010 Designated – Term.

2.11.020 Powers and duties.

2.11.030 Absence of mayor at council meetings.

2.11.010 Designated – Term.

Biennially at the first meeting of a new council, or periodically, the members thereof by majority vote may designate one of their number as council president for such period as the council may specify. (Ord. 2298 § 1, 2000; Ord. 945 § 1, 1978)

2.11.020 Powers and duties.

The council president shall hold office at the pleasure of the council, and, in the case of the absence or temporary disability of the mayor, perform the duties of mayor as mayor pro tempore, except she/he shall not have power to appoint or remove any officer, or to veto any acts of the city council. (Ord. 2298 § 1, 2000; Ord. 945 § 1, 1978)

2.11.030 Absence of mayor at council meetings.

The mayor shall preside over all meetings of the city council, when present. When the council president or councilmember appointed presides over a meeting in the absence of the mayor, this shall not in any way abridge his right to vote on matters coming before the council at such meeting. (Ord. 2298 § 2, 2000; Ord. 945 § 2, 1978)

Chapter 2.12
FINANCE DIRECTOR

Sections:

2.12.010 Office – Established.

2.12.015 Office – Change of title.

2.12.020 Office – Effective date of combination.

2.12.030 Office – Appointive not elective.

2.12.035 Appointment of an interim finance director.

2.12.040 Powers and duties.

2.12.045 Limited authority to write off uncollectible debt.

2.12.050 Bond required.

2.12.060 Salary.

2.12.010 Office – Established.

Pursuant to RCW 35.24.142, the office of treasurer shall be combined with that of city clerk and the combined office shall be the office of finance director. (Ord. 586 § 1, 1971)

2.12.015 Office – Change of title.

The combined office of clerk-treasurer shall be referred to as the office of the financial director. The duties and responsibilities of the office remain the same and are not affected by this title change. (Ord. 2059 § 1, 1995)

2.12.020 Office – Effective date of combination.

The combination of offices shall become effective May 10, 1971, after which the office of treasurer shall be abolished. (Ord. 586 § 2, 1971)

2.12.030 Office – Appointive not elective.

The combined office shall be an appointive rather than elective position. The finance director shall be appointed by the mayor, subject to a city council confirmation process in Chapter 2.06 LMC which includes, but is not limited to, a majority vote of the city council. The finance director shall hold the appointment at the pleasure of the mayor. (Ord. 2423 § 3, 2002; Ord. 586 § 3, 1971)

2.12.035 Appointment of an interim finance director.

A. In the event that the office of finance director is vacant, or the finance director is temporarily absent, the mayor is authorized to appoint a city employee to act as interim finance director for a period not to exceed 90 days.

B. The person appointed as acting finance director shall have all the authority and perform all the duties of the office of financial director of the city of Lynnwood, and shall file a bond as provided in LMC 2.12.050, but not to exceed 90 days from appointment. In the event an acting finance director is appointed pending appointment of a new finance director, and in the event that a new finance director is not appointed within 90 days of the appointment of an interim finance director, the city council shall take timely action to provide that the duties of the office of financial director are fulfilled. (Ord. 2068 § 1, 1996)

2.12.040 Powers and duties.

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. (Ord. 586 § 4, 1971)

2.12.045 Limited authority to write off uncollectible debt.

The finance director is authorized to write off those debts owed to the city which, following a diligent and reasonable effort to collect the debt, including but not limited to referral to a collection agency for action, the finance director reasonably determines to be uncollectible; provided, that such debt shall not exceed $1,000. Any debt that totals more than $1,000 shall not be written off without prior city council approval. (Ord. 2682 § 1, 2007)

2.12.050 Bond required.

The combination of offices shall be contingent upon filing a bond in the principal sum of at least $200,000, conditioned for the faithful performance of his duties including the duties of all offices of which he is made the ex-officio by law. (Ord. 2059 § 3, 1995; Ord. 1551 § 1, 1986; Ord. 586 § 5, 1971)

2.12.060 Salary.

The finance director shall receive a salary in such amount as the city council may establish from time-to-time by ordinance. (Ord. 586 § 6, 1971)

Chapter 2.16
CITY ATTORNEY*

Sections:

2.16.010 Appointive position declared.

2.16.020 Appointment.

2.16.030 Salary.

2.16.040 Severability.

*For statutory provisions, see RCW 35A.12.020 and RCW 35.24.020; bond provisions, see RCW 35.24.090; duties prescribed by statute, see RCW 35.24.110.

2.16.010 Appointive position declared.

Pursuant to Chapter 35.24 RCW,** the term of office of the city attorney is hereby declared to be an appointive rather than elective position. (Ord. 65 § 1, 1960)

**Ordinance references Washington Session Laws.

2.16.020 Appointment.

The appointment of the city attorney shall be by the mayor subject to a city council confirmation process which includes, but is not limited to, a majority vote of the city council. (Ord. 2311 § 1, 2000; Ord. 65 § 2, 1960)

2.16.030 Salary.

The city attorney shall receive a salary in such amount as the city council may establish from time-to-time by ordinance. (Ord. 65 § 3, 1960)

2.16.040 Severability.

Should any section, clause or provision of this chapter be declared by the courts to be invalid, the same shall not affect the validity of the chapter as a whole, or any part thereof, other than the part so declared to be invalid. (Ord. 65 § 4, 1960)

Chapter 2.19
MUNICIPAL COURT

Sections:

2.19.010 Court established.

2.19.020 Jurisdiction.

2.19.030 Judges – Appointment – Qualifications.

2.19.040 Salaries and costs.

2.19.042 Terms of employment – Judge.

2.19.044 Municipal judge compensation.

2.19.046 Annual report.

2.19.050 Municipal court employees.

2.19.060 Judges pro tem.

2.19.070 Judicial vacancy.

2.19.080 Municipal court hours.

2.19.090 Sentences.

2.19.100 Deferral and suspension of sentences.

2.19.110 Complaints.

2.19.120 Pleadings, practice and procedure.

2.19.130 Case transfers.

2.19.140 Court seal.

2.19.150 Removal of judge.

2.19.160 Civil jury trials.

2.19.170 Criminal process.

2.19.180 Revenue – Disposition.

2.19.010 Court established.

There is hereby established a municipal court entitled “The Municipal Court of the City of Lynnwood,” hereinafter referred to as “municipal court.” (Ord. 1692 § 1, 1989)

2.19.020 Jurisdiction.

The municipal court shall have jurisdiction and shall exercise all powers enumerated herein and in Chapter 3.50 RCW, existing now and hereafter amended, together with such other powers and jurisdiction as are generally conferred upon such court in this state either by common law or by express statute. The municipal court shall have exclusive original jurisdiction over traffic infractions arising under city ordinances and exclusive original criminal jurisdiction of all violations of city ordinances duly adopted by the city of Lynnwood. The municipal court shall have original jurisdiction of all other actions brought to enforce or recover license penalties or forfeitures declared or given by such ordinances or by state statutes. The municipal court shall also have the jurisdiction as conferred by state statute. The municipal court is empowered to forfeit cash bail or bail bonds and issue execution thereon; and in general to hear and determine all causes, civil or criminal, including traffic infractions, arising under such ordinances and to pronounce judgment in accordance therewith. The jurisdiction of the municipal court does not and shall not be construed to limit the authority or power of the hearing examiner to act pursuant to Chapter 2.22 LMC, as now existing or as hereafter amended. (Ord. 1692 § 1, 1989)

2.19.030 Judges – Appointment – Qualifications.

A. The municipal judge shall be appointed by the mayor within 30 days after the effective date of LMC 2.19.010, Court Established. The judge shall be appointed for a term of four years, provided the term of any judge appointed prior to January 1, 1990, shall expire on January 1, 1990. The term thereafter shall commence on January 1, 1990, and on January 1st of each fourth year thereafter. Appointments for each term thereafter shall be made on or before December 1st of the year next preceding the year in which the term commences.

B. A person appointed as municipal judge shall be a citizen of the United States of America and of the state of Washington; and an attorney in good standing admitted to practice law before the courts of record of the state of Washington.

C. The mayor’s appointment of the municipal court judge shall be subject to confirmation by the city council in accordance with the procedures set forth in Chapter 2.06 LMC. (Ord. 2328 § 2, 2000; Ord. 1692 § 1, 1989)

2.19.040 Salaries and costs.

The salary of the municipal court judge shall be fixed by ordinance. All costs of operating the municipal court; including but not limited to salaries of judges and court employees, dockets, books of record, forms, furnishings and supplies, shall be paid wholly out of the funds of the city. The city shall provide a suitable place for holding court and pay all expenses of maintaining it. (Ord. 1692 § 1, 1989)

2.19.042 Terms of employment – Judge.

Terms of employment for the judge shall be governed by employment contract between the judge and the city and the provisions of city laws of the Lynnwood Municipal Code, as the same exits or is hereafter amended. (Ord. 1716 § 2, 1989)

2.19.044 Municipal judge compensation.

The Lynnwood municipal judge shall be compensated at an hourly rate of $75.00 per hour served. (Ord. 2601 § 1, 2005; Ord. 1716 § 1, 1989)

2.19.046 Annual report.

Each year on or about the fifteenth day of March, the judge shall provide to the mayor and city council a written report that addresses the court’s operations and compliance with the court’s responsibilities under state statutes, case law, court rules and local ordinances to administer justice and to protect the constitutional safeguards of defendants. Any written complaint or expression of concern by citizens, regulatory agencies or organizations shall be documented in the report as well as the court’s response. (Ord. 2329 § 1, 2000; Ord. 2328 § 3, 2000)

2.19.050 Municipal court employees.

All employees of the municipal court shall, for all purposes, be deemed employees of the city of Lynnwood. They shall be appointed by and serve at the pleasure of the municipal judge. (Ord. 1692 § 1, 1989)

2.19.060 Judges pro tem.

The mayor shall, in writing, appoint judges pro tem who shall act in the absence or disability of the regular judge of the municipal court or subsequent to the filing of an affidavit of prejudice. The judge pro tem shall be qualified to hold the position of judge of the municipal court as provided herein. The judge pro tem shall receive such compensation as shall be fixed by ordinance. The term of the appointment shall be specified in writing but in any event shall not extend beyond the term of the appointing mayor. (Ord. 1692 § 1, 1989)

2.19.070 Judicial vacancy.

Any vacancy in the municipal court due to a death, disability or resignation of a municipal court judge shall be filled by appointment by the mayor for the remainder of the unexpired term. The appointed judge shall be qualified to hold the position of judge of the municipal court as provided in this chapter. The mayor’s appointment of the municipal court judge shall be subject to confirmation by the city council in accordance with the procedures set forth in Chapter 2.06 LMC. (Ord. 2328 § 4, 2000; Ord. 1692 § 1, 1989)

2.19.080 Municipal court hours.

The municipal court shall be open and shall hold such regular and special sessions as may be prescribed by the municipal court judge; provided, that the municipal court shall not be open on nonjudicial days. (Ord. 1692 § 1, 1989)

2.19.090 Sentences.

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

B. A defendant who has been committed shall be discharged upon the payment for such part of the fine and costs as remains unpaid after deducting from the whole amount any previous payment, and after deducting the amount allowed for each day of imprisonment, which amount shall be the same and computed in the same manner as provided for superior court cases in RCW 10.82.030 and 10.82.040, as now or hereafter amended. In addition, all other proceedings in respect of such fine and costs shall be the same as in like cases in the superior court. (Ord. 1692 § 1, 1989)

2.19.100 Deferral and suspension of sentences.

Unless otherwise provided by state law, the court shall have the following sentencing authority:

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

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

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

D. Any time before entering an order terminating probation, the court may revoke or modify its order suspending the imposition or execution of the sentence. If the ends of justice will be served and when warranted by the reformation of the probationer, the court may terminate the period of probation and discharge the person so held. (Ord. 1692 § 1, 1989)

2.19.110 Complaints.

All criminal prosecutions for the violation of a city ordinance shall be conducted in the name of the city and may be upon the complaint of any person. (Ord. 1692 § 1, 1989)

2.19.120 Pleadings, practice and procedure.

Pleadings, practice and procedure in cases not governed by statutes or rules specifically applicable to municipal courts shall, insofar as applicable, be governed by the statutes and rules now existing or hereafter adopted governing pleadings, practice and procedure applicable to district courts. (Ord. 1692 § 1, 1989)

2.19.130 Case transfers.

A transfer of a case from the municipal court to either another municipal judge of the same city or to a judge pro tempore appointed in the manner prescribed by this chapter shall be allowed in accordance with RCW 3.66.090 in all civil and criminal proceedings. (Ord. 1692 § 1, 1989)

2.19.140 Court seal.

The municipal court shall have a seal which shall be the vignette of George Washington, with the words “Seal of the Municipal Court of Lynnwood, State of Washington” surrounding the vignette. (Ord. 1692 § 1, 1989)

2.19.150 Removal of judge.

A municipal judge shall be removed only upon conviction of misconduct or malfeasance in office, or because of physical or mental disability rendering the judge incapable of performing the duties of the office. Any vacancy in the municipal court due to death, disability or resignation of the municipal court judge shall be filled by the mayor, for the remainder of the unexpired term. The appointed judge shall be qualified to hold the position of judge of the municipal court as provided in this chapter and Chapter 3.50 RCW. The mayor’s appointment of the municipal court judge shall be subject to confirmation by the city council in accordance with the procedures set forth in Chapter 2.06 LMC. (Ord. 2328 § 5, 2000; Ord. 1692 § 1, 1989)

2.19.160 Civil jury trials.

In all civil cases, the plaintiff or defendant may demand a jury, which shall consist of six citizens of the state who shall be impaneled and sworn as in cases before district courts, or the trial may be by a judge of the municipal court; provided, that no jury trial may be held on a proceeding involving a traffic infraction. A party requesting a jury shall pay to the court a fee which shall be the same as that for a jury in district court. If more than one party requests a jury, only one jury fee shall be collected by the court. The fee shall be apportioned among the requesting parties. Each juror shall receive $10.00 for each day in attendance upon the municipal court, and in addition thereto shall receive mileage at the rate determined under RCW 43.03.060. (Ord. 1692 § 1, 1989)

2.19.170 Criminal process.

All criminal process issued by the municipal court shall be in the name of the state of Washington and run throughout the state, and be directed to and served by the chief of police, marshal or other police officer of any city or to a sheriff in the state. (Ord. 1692 § 1, 1989)

2.19.180 Revenue – Disposition.

A. Costs in civil and criminal actions may be imposed as provided in district court. All fees, fines, forfeitures and other money imposed by the municipal court for the violation of any municipal ordinances shall be collected by the court clerk and, together with any other revenues received by the clerk, shall be deposited with the city treasurer as a part of the general fund of the city, or deposited in such other fund of the city, or deposited in such other funds as may be designated by the laws of the state of Washington.

B. The city treasurer shall remit monthly 32 percent, or such other amount or percentage as is now or hereafter set by the laws of the state of Washington, of the money received under this section, other than for parking infractions, to the state treasurer. Money remitted under this subsection to the state treasurer shall be deposited as provided in RCW 43.09.250.

C. The balance of the money received under this section shall be retained by the city and deposited as provided by law. (Ord. 1692 § 1, 1989)

Chapter 2.20
MUNICIPAL JUDGE

(Repealed by Ord. 1692)

Chapter 2.21
OFFICE OF NEIGHBORHOODS AND COMMUNITY AFFAIRS

Sections:

2.21.010 Office of community affairs – Establishment, purposes and duties.

2.21.020 Community affairs director – Position established.

2.21.030 Compliance with the Lynnwood performance measurement and results act.

2.21.010 Office of community affairs – Establishment, purposes and duties.

There is hereby established a separate and independent office of neighborhoods and community affairs, which shall be directed by the community affairs director. The purpose and duties of this office are to maintain existing, and help create new, means of communication with citizens, and to help ensure their timely and meaningful participation in all aspects of city visioning, strategic planning, goal setting and the provision of city programs and services. The office’s activities, programs and services shall be in three categories: city-wide outreach, neighborhood programs, and demographic diversity. The office shall work closely with neighborhoods, community, educational, and social organizations and groups, and it shall conduct the following:

A. City-Wide Outreach. The office shall conduct, based upon available funding, but not be limited to:

1. Events. Encourage, support, help develop and implement, and sponsor, when appropriate, city-wide, neighborhood and community events.

2. Improving Communication. Continuing and strengthening communication with citizens, businesses, and neighborhoods about city programs, services and activities, and directing volunteer and other involvement opportunities, by coordinating the dissemination of information, including with other city departments, through a variety of means, including a city newsletter and responding to citizen inquiries.

3. Soliciting Citizens for Board and Commissions. Actively assist city departments in recruiting persons for city boards and commissions, and in volunteer and other ad hoc roles and capacities throughout the city.

4. City-Wide Surveys. Participate in periodic scientifically valid city-wide citizen surveys on issues, concerns, and suggestions of citizens, including an opportunity for citizens and other stakeholders to express their ideas and opinions about:

a. Activities, programs, or services which should be reduced or eliminated, and those which should be new or expanded; and

b. The performance level of all city departments’ and offices’ activities, programs or services.

5. Lynnwood University. A citizens’ academy designed to acquaint and educate concerned citizens and community leaders about all aspects of city operations, programs, services, activities and volunteer and other direct involvement opportunities.

6. Citizen’s Handbook. A guide for citizen residents to understand Lynnwood city government.

7. Residential Business Handbook. A guide for new and existing local businesses to understand Lynnwood city government.

B. Neighborhood Programs. The office shall conduct, based upon available funding, but not be limited to:

1. Neighborhood Enhancement. A program which sets aside monies for citizen neighborhood grants which engages residents in a process to decide how these funds will be spent on small neighborhood improvements. Grants to residents, or resident businesses, would be made based through an application process. Not more than four neighborhood areas would be identified and grants would be available to a different area on a four-year rotating basis, except that public safety grants would be available to all areas every year.

2. Neighborhood Liaisons. A program of elected officials and staff willing to serve as liaisons to specific neighborhoods to improve communication, host neighborhood meetings, and develop trust.

3. Neighbor Connections. A program designed to engage multifamily residents in activities to build connections with, and a stronger sense of, community.

4. Neighborhood Summit. An annual city-wide conference designed to encourage open discussion of neighborhood issues and collaborative city/neighborhood problem solving.

C. Demographic Diversity. The office shall conduct, based upon available funding, but not be limited to:

1. City Demographic Trends. Monitor demographic trends in our city and, identify and recommend to the mayor and city council ways to encourage mutual understanding among our citizens about the increasing demographic diversity of our city;

2. Community Networking. Connecting and partnering with neighborhood, community, educational, business, and social service groups and organizations;

3. Events. Sponsoring city-wide, neighborhood and community events, which would include opportunities for heritage and cultural events; and

4. Learning Projects. Programs for engaging citizens and community leaders in dialogues, education and training about diversity issues. (Ord. 2602 § 1, 2005)

2.21.020 Community affairs director – Position established.

There is hereby established the position of community affairs director who shall carry out the purposes of the office of neighborhoods and community affairs. The director is authorized to establish administrative goals, policies, rules and procedures to implement the purposes and duties of the department. (Ord. 2602 § 1, 2005)

2.21.030 Compliance with the Lynnwood performance measurement and results act.

The director shall ensure that each activity, program or service of the department shall comply in all respects with Chapter 2.70 LMC, the Lynnwood performance measurement and results act. (Ord. 2602 § 1, 2005)

Chapter 2.22
HEARING EXAMINER

Sections:

2.22.010 Purpose.

2.22.020 Hearing examiner – Office created – Duties.

2.22.030 Hearing examiner – Appointment.

2.22.040 Hearing examiner – Qualifications.

2.22.050 Hearing examiner – Removal.

2.22.060 Hearing examiner – Freedom from improper influence.

2.22.070 Hearing examiner – Conflict of interest.

2.22.080 Hearing examiner – Prescription of rules for hearings.

2.22.090 Hearing examiner – Powers.

2.22.100 Land use issues – Report of planning department.

2.22.170 Report to and meeting with planning commission and city council.

2.22.210 Notice of violation – Administrative appeal.

2.22.220 Notice of violation – Extension of date set for correction.

2.22.230 Enforcement hearings.

2.22.240 Collection of civil penalty.

2.22.010 Purpose.

The purpose of this chapter is to establish a system of land use regulatory hearings which will satisfy the following basic needs:

A. A more prompt opportunity for a hearing and decision on alleged violations of land use regulations, and such other regulations as may be assigned to the hearing examiner;

B. To provide an efficient and effective system for deciding variances and appeals from administrative decisions;

C. To help insure procedural due process and appearance of fairness by holding such hearings before a neutral party, competent in the fields of land use and procedural requirements. (Ord. 1208 § 1, 1981)

2.22.020 Hearing examiner – Office created – Duties.

Pursuant to Chapters 35A.63 and 58.17 RCW, the office of hearing examiner, referred to in this chapter as examiner, is created. The examiner shall interpret, review and implement land use regulations and such other duties as may be assigned. The term “examiner” as used in this chapter shall include any deputy examiners, examiners pro tem or substitute examiners. (Ord. 1355 § 1, 1983; Ord. 1208 § 2, 1981)

2.22.030 Hearing examiner – Appointment.

The hearing examiner shall be employed on a yearly contract basis, to be negotiated. Examiners pro tem (i.e., substitute) may also be contracted to serve in the event of absence or inability of the examiner to act. Prior to entering into a contract for the first year of either the hearing examiner or any pro-tem examiner(s), each shall be confirmed by the city council according to the procedures set forth in Chapter 2.06 LMC. (Ord. 2324 § 2, 2000; Ord. 1208 § 3, 1981)

2.22.040 Hearing examiner – Qualifications.

Examiners shall be appointed solely with regard to their qualifications for the duties of their office and will have such training and experience as will qualify them to conduct administrative or quasi-judicial hearings or regulatory enactments and to discharge the other functions conferred upon them. Examiners shall hold no other elective or appointive office or position in the city of Lynnwood. This section is not intended to provide for the qualifications of the position, but only to require that qualifications of the applicants for the position be the sole criteria for their appointment, subject to approval of a personal service contract with the examiner by the city council following city council confirmation of their appointment under the procedures established in Chapter 2.06 LMC. (Ord. 2324 § 3, 2000; Ord. 1208 § 4, 1981)

2.22.050 Hearing examiner – Removal.

An examiner may be removed from office for cause by the mayor with concurrent majority vote of the city council. (Ord. 1208 § 5, 1981)

2.22.060 Hearing examiner – Freedom from improper influence.

No person, shall attempt to influence an examiner in any matter pending before him, except publicly at a public hearing duly called for such purpose, or to interfere with an examiner in the performance of his duties in any other way; provided, that this section shall not prohibit the city attorney from rendering legal services to the examiner. (Ord. 1208 § 6, 1981)

2.22.070 Hearing examiner – Conflict of interest.

No examiner shall conduct or participate in any hearing, decision or recommendation in which the examiner has a direct or indirect substantial financial or familiar interest, or concerning which the examiner has had substantial prehearing contacts with proponents or opponents wherein the issues were discussed; nor, on appeal from or review of an examiner decision, shall any member of the legislative body who has such an interest or has had such contacts participate in the consideration thereof. This is not intended to prohibit necessary or proper inquiries on matters such as scheduling, but any such contacts are to be entered into the official record of the hearing. Whenever possible, such inquiries and the responses to such inquiries shall be in writing.

The office of the examiner shall be separate from and not a part of the planning department. (Ord. 1208 § 7, 1981)

2.22.080 Hearing examiner – Prescription of rules for hearings.

The examiner shall prescribe rules for the scheduling and conduct of hearings and other procedural matters related to the duties of his office. Such rules shall provide for rebuttal, and may authorize the examiner to limit the time allowed to parties testifying on an equal basis, and time limits on rebutting. Cross-examination of witnesses may be allowed only in the case of enforcement hearings on violations of city codes. For all other hearings, any person desiring to question other parties testifying at the hearing shall direct such questions to the examiner, who shall rule on whether or not such questions are to be answered and who shall answer them. Also, the examiner shall prescribe rules for the suspension of and/or reduction of civil penalties. (Ord. 1251 § 1, 1982; Ord. 1208 § 8, 1981)

2.22.090 Hearing examiner – Powers.

The examiner shall receive and examine available information, conduct public hearings and prepare a record thereof, and enter decisions as provided for in this section.

A. The decision of the examiner on the following matters shall be final; unless such decision is appealed to the city council in writing by an aggrieved party:

1. Applications for variances from the zoning ordinance;

2. Such other quasi-judicial and administrative determinations as may have been delegated to the board of adjustment, including but not limited to variances pertaining to the location, size, or dimensional standards of secondary or accessory structures such as fences, signs, parking lots and landscaping, except as otherwise provided in this code;

3. Conditional use permits;

4. Special use permits;

5. Development plan approvals.

B. The decision of the hearing examiner on the following matters shall be final and the only appeal therefrom shall be to the superior court:

1. Appeals of administrative determinations of ordinance violations.

2. Appeals from administrative determinations on interpretations of land use regulations, including determinations of the exact location of any district boundary if there is uncertainty with respect thereto.

C. The decision of the hearing examiner on the following matters shall be a recommendation to the city council:

1. Applications for planned unit developments; and/or

2. Preliminary plat approval in accordance with Chapters 19.05 through 19.90 LMC.

D. In the performance of duties prescribed by this chapter or other ordinances, examiners may:

1. Administer oaths and affirmations, examine witnesses, rule upon offers of proof, receive relevant evidence, and conduct discovery procedures which may include propounding interrogatories and taking oral depositions pursuant to Washington State Court rules; provided, that no person shall be compelled to divulge information which he could not be compelled to divulge in a court of law;

2. Upon the request of the planning department or any party, or upon his own volition, issue and cause to be served subpoenas for the attendance of witnesses and for production for examination of any books, records, or other information in the possession or under the control of any witness; provided, that such subpoena shall state the name and address of the witness sought, and if for the production of books, documents or things, shall specifically identify the same and the relevance thereof to the issues involved;

3. Regulate the course of the hearing in accordance with this chapter and other applicable ordinances;

4. Hold conferences for the settlement or simplification of the issues by consent of the parties;

5. Dispose of procedural requests or similar matters;

6. Take any other action authorized by ordinance.

In case of failure or refusal without lawful excuse of any person duly subpoenaed to attend pursuant to such subpoena, or to be sworn, or to answer any material and proper question, or to produce upon reasonable notice any material or proper books or records or other information in his possession and under his control, the hearing examiner may invoke the aid of the city attorney who shall apply to the appropriate court for an order or other court action necessary to secure enforcement of the subpoena.

E. The examiner is hereby empowered to act in lieu of the board of adjustment, and the planning commission for planned unit developments, conditional use permits, and development plan approvals and preliminary plat approvals, and such other officials, board or commissions as may be assigned. Wherever existing ordinances, codes or policies authorize or direct the board of adjustment, or other officials, boards or commissions to undertake certain activities which the examiner has been assigned, such ordinances, codes or policies shall be construed to refer to the examiner. (Ord. 2077 § 1, 1996; Ord. 2019 § 1, 1995; Ord. 1355 § 2, 1983; Ord. 1312 § 1, 1983; Ord. 1208 § 9, 1981)

2.22.100 Land use issues – Report of planning department.

On any land use issue coming before the examiner, the planning department shall coordinate and assemble the reviews of other city departments, governmental agencies, and other interested parties and shall prepare a report summarizing the factors involved and the department’s findings and recommendations. At least seven calendar days prior to the scheduled hearing, the report shall be filed with the examiner and copies thereof shall be mailed to the applicant and made available for public inspection. Copies thereof shall be provided to interested parties upon payment of reproduction costs. In the event that information to be provided by the applicant or other parties outside of city control has not been provided in sufficient time for filing seven days in advance of the hearing, the planning department may reschedule the hearing and notify interested parties. (Ord. 1208 § 10, 1981)

2.22.170 Report to and meeting with planning commission and city council.

The examiner shall report in writing to and meet with the planning commission and city council at least annually for the purpose of reviewing the administration of the land use policies and regulatory ordinances, and any amendments to city ordinances or other policies or procedures which would improve the performance of the examiner process. Such report shall include a summary of the examiner’s decisions since the last report. (Ord. 1208 § 17, 1981)

2.22.210 Notice of violation – Administrative appeal.

A notice of violation issued pursuant to this section through LMC 2.22.230 constitutes a determination from which an administrative appeal may be taken pursuant to Process II (LMC 1.35.200 et seq.). The cumulative civil penalty provided for in LMC 1.01.085 as now or hereafter amended shall not accrue during the pendency of an administrative appeal; however, if the hearing examiner finds that the appeal is frivolous and/or intended to delay compliance with the applicable title, the examiner may impose the per diem penalty from the date of service of the notice of violation. (Ord. 2019 § 2, 1995; Ord. 1251 § 6, 1982; Ord. 1208 § 18(3), 1981)

2.22.220 Notice of violation – Extension of date set for correction.

For good cause shown, the director may extend the date set for correction in the notice of violation; provided, that such an extension shall not affect or extend the time within which an administrative appeal must be commenced. (Ord. 1208 § 18(4), 1981)

2.22.230 Enforcement hearings.

A. The hearing process for enforcement hearings shall be generally the same as the hearings on variances.

B. Ten days’ notice of hearing before the hearing examiner shall be given to the appellant.

C. Appeal to the superior court of an examiner’s decision in an enforcement hearing shall be filed within 14 days of the examiner’s written opinion. (Ord. 1208 § 18(5), (6), 1981)

2.22.240 Collection of civil penalty.

The civil penalty constitutes a personal obligation of the person(s) to whom the notice of violation is directed. The city attorney, on behalf of the city, is authorized to collect the civil penalty by use of appropriate legal remedies, the seeking or granting of which shall neither stay or terminate the accrual of additional per diem penalties so long as the violation continues. (Ord. 1208 § 20, 1981)

Chapter 2.23
COMMUNITY DEVELOPMENT

Sections:

2.23.100 Explanations of fees and charges.

2.23.120 Repealed.

2.23.140 Applications – Deposits/bonds.

2.23.100 Explanations of fees and charges.

Costs associated with providing service to the public for application and permit processing and other services will be partially recovered using a combination of fixed fees and hourly charges and fully recovered as costs are related to consulting fees and public notification requirements. To effect recovery, fees for land use applications and miscellaneous services and fees associated with building, mechanical, electrical, fire and grading are established by ordinance as adopted and from time to time amended by the city council. (Ord. 2699 § 7, 2007; Ord. 2588 § 1, 2005; Ord. 2242 § 1, 1999)

2.23.120 Fee schedules.

Repealed by Ord. 2588. (Ord. 2388 § 2, 2001; Ord. 2318 § 14, 2000)

2.23.140 Applications – Deposits/bonds.

The following applications require deposits or bonds in the amounts set forth:

Application	Required Deposit or Bond
Annexation	Flat fee amount, plus estimated posting and mailing costs, plus any estimated expenses for consultants
Binding site plan	$2,000
Comprehensive plan amendment Application for text or map change	$3,000
Conditional use permit	$2,000
Development plan approval	$3,000
Environmental impact statement (EIS)	$2,000, plus any estimated expenses for consultants
Planned unit development If not by public agency	$3,000
Rezone If not by public agency	$3,000
Short subdivision (short plat)	$2,000
Special use permit	$3,000
Subdivision (plat)	$3,000
Variance If not a single-family use	$2,000

(Ord. 2699 § 8, 2007)

Chapter 2.24
ADVISORY BODIES – GENERAL PROVISIONS

Sections:

2.24.010 Definitions.

2.24.020 Scope of work.

2.24.030 Membership, nomination and confirmation process, and residency requirements.

2.24.040 Officers – Identification and election.

2.24.050 Quorums, transacting business and resolutions.

2.24.060 Vacancies.

2.24.070 Multiple appointment prohibited.

2.24.080 Conflicts of interest.

2.24.090 Liaisons and representatives.

2.24.100 Procedures, records and minutes.

2.24.110 Meetings.

2.24.120 Compensation and reimbursement of expenses.

2.24.130 Lobbying efforts.

2.24.140 Application.

2.24.010 Definitions.

For the purposes of this chapter, the following definitions shall apply:

An “advisory body” means any board or commission, and named board or commission in the ordinance or resolution creating the same, previously, or hereafter, created by the city council to give advice on subjects and perform such other functions as prescribed by the city council. “Advisory body” does not mean task forces, informal committees, or working groups appointed by the mayor or created by the city council for short periods of time or for specific tasks.

“Resident” means a registered voter of the city of Lynnwood or a registered voter of an area that has successfully petitioned or voted to annex to the city where an annexation ordinance has been adopted by the city council. (Ord. 2121 § 1, 1997)

2.24.020 Scope of work.

A. Each advisory body, when it is formed, will have a specific statement of purpose and function, which will be re-examined periodically by the city council to determine its effectiveness. This statement of purpose, as well as other information regarding duties and responsibilities, will be made available to all members when appointed.

B. The city council may determine any specific guidelines or tasks to be referred to the advisory body by motion, resolution or ordinance.

C. Each advisory body shall develop a scope of work, within the jurisdiction and area of responsibility of each advisory body that may, as the advisory body determines necessary and appropriate, include the following:

1. Annually review its portion(s) of the comprehensive plan or departmental multi-year plan(s), and suggest desired amendments thereto.

2. Annually review its portion of the city budget and suggest desired amendments, as relates to comprehensive plan, capital facilities plan, and policy matters.

3. Participate in the preparation of the advisory body’s annual report showing achievement towards fulfilling goals, policies, and objectives of the advisory body.

4. Present major policy advisories to the city council.

5. Meet with city council and other boards.

6. Examine and respond to referrals from the city council, mayor, or staff, including public meetings or formal hearings. (Ord. 2121 § 1, 1997)

2.24.030 Membership, nomination and confirmation process, and residency requirements.

The number of members and any specific qualifications of each advisory body shall be set forth by ordinance. The position number for each member shall be set forth by resolution, or motion.

Unless otherwise specifically provided by applicable ordinance, resolution, motion, or as may be required by state law, the following procedures and requirements shall apply to all members of each advisory body:

A. Each person at the time of nomination and continuing uninterrupted thereafter while serving on an advisory body, shall be a resident of the city of Lynnwood.

B. Each person to be appointed shall be nominated by the mayor for a specific position number on each advisory body.

C. Each person shall be deemed appointed and commence service after confirmation by the city council or on the effective date of the previous member’s resignation.

D. Each confirmation motion by the council shall include the position number, ending date and term for the position to which the person is appointed and such information shall be entered in the council journal. (Ord. 2121 § 1, 1997)

2.24.040 Officers – Identification and election.

Each advisory body shall elect from its membership a presiding officer who shall be referred to as chairman, chairwoman, or chairperson, as determined appropriate by the advisory body, and such officer shall serve for one year. The advisory body may elect other officers as it deems necessary and such offices shall be set forth in the rules of procedure adopted by the advisory body. (Ord. 2121 § 1, 1997)

2.24.050 Quorums, transacting business and resolutions.

A majority of the appointed members of the advisory body shall constitute a quorum for the transaction of business. An affirmative vote of the majority of a quorum in attendance at any meeting shall be necessary to transact business or carry any proposition. Expressions of an advisory body’s position, recommendation or request for any action shall be in the form of a resolution setting forth the reasons, facts, policies, and/or findings of the body supporting the resolution and shall be directed to the city council and mayor. (Ord. 2121 § 1, 1997)

2.24.060 Vacancies.

Membership vacancies other than through expiration of term shall be filled for the unexpired term. (Ord. 2121 § 1, 1997)

2.24.070 Multiple appointment prohibited.

No person shall be nominated or confirmed to a position on more than one advisory body at a time. This prohibition does not apply to multiple appointments created by specifying certain “representative” memberships, expressly created by the city council, or as required by state law. (Ord. 2121 § 1, 1997)

2.24.080 Conflicts of interest.

If any members of an advisory body concludes that they have a conflict of interest or an appearance of fairness problem with respect to a matter pending before the advisory body so that they cannot discharge their duties on such an advisory body, they shall disqualify themselves from participating in the deliberations and the decision-making process with respect to the matter. (Ord. 2121 § 1, 1997)

2.24.090 Liaisons and representatives.

A city council representative may be available to each advisory body for the purpose of providing a constructive relationship between the city council and the advisory body without implying direction, review, or oversight of the activities of the advisory body. (Ord. 2121 § 1, 1997)

2.24.100 Procedures, records and minutes.

The advisory body shall adopt rules of procedure. The advisory body shall provide for the taking of minutes and maintaining the records of all regular and special meetings. Any advisory body may establish standing or ad hoc committees to assist in accomplishing its duties and responsibilities. (Ord. 2121 § 1, 1997)

2.24.110 Meetings.

Each advisory body shall hold regular meetings at such times and places as is deemed advisable but shall hold not less than six meetings each calendar year. All meetings shall be open to the public and be held on not less than 72 hours’ notice to members. (Ord. 2121 § 1, 1997)

2.24.120 Compensation and reimbursement of expenses.

Members of advisory bodies shall serve without compensation. Members shall be reimbursed for authorized travel expenses incidental to that service. (Ord. 2121 § 1, 1997)

2.24.130 Lobbying efforts.

Lobby efforts by any advisory bodies on legislative, or political, matters should first be checked for consistency with existing city policy by contacting the mayor’s office. In the event a position is taken that differs from that of the city’s policy, an advisory body cannot represent that position before another body, e.g., the state legislature or the county council. An individual member is free to voice a position, oral or written, on any issue as long as it is made clear that the member is not speaking as a representative of the city, or as a member of an advisory body. (Ord. 2121 § 1, 1997)

2.24.140 Application.

The provisions of this chapter govern advisory bodies, unless otherwise specifically provided by ordinance, motion or resolution of the city council, or as may be required by state law. (Ord. 2121 § 1, 1997)

Chapter 2.25
LIBRARY BOARD

Sections:

2.25.010 Created.

2.25.020 Duties.

2.25.030 Membership appointment – Term.

2.25.010 Created.

There is hereby created and established a library board of the city of Lynnwood composed of five members as hereinafter provided. (Ord. 1604 § 2, 1987)

2.25.020 Duties.

The library board is hereby declared to be an advisory board of the city of Lynnwood whose duties shall be to advise and recommend to the mayor and city council in regards to the general supervision of the library facilities and programs in accordance with the contract for library service with the Sno-Isle Regional Library. (Ord. 1604 § 3, 1987)

2.25.030 Membership appointment – Term.

Members of the board shall be appointed to a position for a term of three years (or for fulfillment of an unexpired term); appointees shall serve terms as follows:

Position No. 1: Ending August 31, 1998

Position No. 2: Ending August 31, 1998

Position No. 3: Ending August 31, 1999

Position No. 4: Ending August 31, 1999

Position No. 5: Ending August 31, 2000

Any person may be removed from the board by the mayor, with approval of the city council. (Ord. 2121 § 2, 1997; Ord. 1604 § 4, 1987)

Chapter 2.26
ARTS COMMISSION

Sections:

2.26.010 Created.

2.26.020 Duties.

2.26.030 Membership appointment – Term.

2.26.010 Created.

There is hereby created and established an arts commission of the city of Lynnwood composed of seven members as hereinafter provided. (Ord. 1605 § 1, 1987)

2.26.020 Duties.

The arts commission is hereby declared to be an advisory commission of the city of Lynnwood whose duties shall be to advise and recommend to the mayor and city council in regards to the display of art in public places within the city of Lynnwood, means of furthering appreciation of art within the city, and to perform such other duties as the mayor may direct. (Ord. 1605 § 2, 1987)

2.26.030 Membership appointment – Term.

Members of the commission shall be appointed to a position for a term of three years (or for fulfillment of an unexpired term); the appointees shall serve for terms as follows:

Position No. 1: Ending December 31, 1997

Position No. 2: Ending December 31, 1997

Position No. 3: Ending December 31, 1998

Position No. 4: Ending December 31, 1998

Position No. 5: Ending December 31, 1998

Position No. 6: Ending December 31, 1999

Position No. 7: Ending December 31, 1999

Any person may be removed from the commission by the mayor, with approval of the city council. (Ord. 2121 § 3, 1997; Ord. 1724 § 1, 1989; Ord. 1605 § 3, 1987)

Chapter 2.27
TOURISM ADVISORY COMMITTEE

Sections:

2.27.010 Created.

2.27.020 Duties.

2.27.030 Membership appointment – Specific qualifications – Term.

2.27.090 Severability.

2.27.010 Created.

There is hereby created and established a tourism advisory committee of the city of Lynnwood composed of up to 11 members as hereinafter provided.

2.27.020 Duties.

The tourism advisory committee shall have the following duties:

A. Positions 1 through 5 (and additional positions if they are representatives of the businesses required to collect the lodging tax or activities authorized to be funded by revenue received from the tax, so long as their number is equal) shall constitute a permanent subcommittee of the tourism advisory committee and the subcommittee is hereby exclusively authorized to be the “lodging tax advisory committee” of the city of Lynnwood to perform the functions of a lodging tax advisory committee on hotel-motel tax matters pursuant to the requirements of SSB 5867, enacted as Chapter 452, Laws of 1997.

B. The committee comprised of the entire membership, whose duties shall be to advise and provide recommendations to the mayor and city council with regard to tourism matters, shall develop for recommendation to the city council, and then annually review and propose needed or desired changes to, a Lynnwood strategic tourism plan which is intended to promote economic activity resulting from tourists. The plan shall include, but not be limited to:

1. Identifying mission and vision statement for the city of Lynnwood’s current and future involvement in, and the use of lodging tax revenue for promotion of, its tourism industry;

2. Identify, describe and propose the appropriate means to conduct tourism promotion by:

a. Activities and expenditures designed to increase tourism;

b. Advertising, publicizing or otherwise distributing information for the purpose of attracting and welcoming tourists;

c. Developing strategies to expand tourism;

d. Operating tourism promotion agencies;

e. Funding marketing of special events and festivals designed to attract tourists; and

f. Facilities to support tourism, performing arts or accommodate tourist activities;

3. A broad range of programs and services for tourists who travel to Lynnwood for purposes of business, pleasure, recreation, education, arts, heritage or culture;

4. Ensure coordination and cooperation with other governmental and private industry tourism bureaus and agencies.

C. The committee shall submit comments on proposals for imposition of a tax, an increase in the rate of a tax, repeal of an exemption from a tax, or change in the use of revenue received under state law, and other matters, which come from the mayor or city council. It may also receive proposals directly from other sources or initiate proposals for comment to the city council. All comments shall be submitted in a timely manner through generally applicable public comment procedures. All proposals shall be submitted at least 45 days before final action on or passage of the proposal by the city. All committee recommendations and comments shall include an analysis of the extent to which:

1. The proposal will accommodate activities for tourists or increase tourism;

2. The proposal will affect the long-term stability of the city special revenue fund no. 101;

3. The proposal will directly and indirectly benefit the citizens of Lynnwood. (Ord. 2177 § 1, 1998)

2.27.030 Membership appointment – Specific qualifications – Term.

The membership of the tourism advisory committee shall consist of not less than five members and up to 11 members, appointed by the city council. One member shall be an elected official of the city who shall serve as chair, at least two members shall be representatives of businesses required to collect the lodging tax; and at least two members shall be persons involved in activities authorized to be funded by revenue received from the tax. The number of members on the committee who are representatives of businesses required to collect the lodging tax shall equal the number of members who are involved in activities authorized to be funded by revenue received from the tax. Other members appointed to the committee shall not, and nor shall any member of their immediate family, be in any way connected with a business required to collect the lodging tax, nor in any way connected with persons or groups involved in any activities funded by revenue from the lodging tax. All members of the board shall be appointed to a position for a term of one year (or for fulfillment of an unexpired term); the initial appointees shall serve terms as follows:

Position No. 1:

(City elected) Ending December 31, 1998

Position No. 2:

(Business Rep.) Ending December 31, 1998

Position No. 3:

(Business Rep.) Ending December 31, 1998

Position No. 4:

(Activity Rep.) Ending December 31, 1998

Position No. 5:

(Activity Rep.) Ending December 31, 1998

Position No. 6:

(Restaurant Rep.) Ending December 31, 1998

Position No. 7:

(Retail Rep.) Ending December 31, 1998

Position No. 8:

(Citizen-at-large) Ending December 31, 1998

Position No. 9: Ending December 31, 1998

Position No. 10: Ending December 31, 1998

Position No. 11: Ending December 31, 1998

As required by state law, the city council shall review the membership of the advisory committee annually and make changes as appropriate both in regard to the number of appointments and the members appointed. At any other time any person may be removed from the board by the mayor, with approval of the city council. The residency requirements of LMC 2.24.030 shall not apply to any members of the committee, except position no. 8 and any other position identified in the nomination confirmation motion. A quorum of this committee shall be a majority of the actual appointments confirmed by the city council and not the potential maximum number of members for the committee. Except as specifically provided in this section, the committee shall be subject to the general organizational and procedural provision of Chapter 2.24 LMC. (Ord. 2158 § 1, 1997)

2.27.090 Severability.

If any section, subsection, sentence, clause, phrase, or word of this chapter should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality thereof shall not affect the validity of constitutionality of any other section, subsection, sentence, clause, phrase, or word of this chapter. (Ord. 2158 § 2, 1997)

Chapter 2.28
PARK BOARD*

Sections:

2.28.010 Created.

2.28.020 Duties.

2.28.030 Membership appointment – Term.

*For statutory requirement, see RCW 35.24.020 and 35.23.170; authority to be granted by ordinance, see RCW 35.23.017.

2.28.010 Created.

There is hereby created and established a parks and recreation board of the city of Lynnwood composed of seven members as hereinafter provided. (Ord. 2081 § 2, 1996)

2.28.020 Duties.

The parks and recreation board is hereby declared to be an advisory board of the city of Lynnwood, whose duties shall be to advise and recommend to the mayor, city council, staff and other boards and commissions in the city of Lynnwood with regard to parks, open space and recreation services and programs for the city of Lynnwood and the city’s urban growth. (Ord. 2081 § 2, 1996)

2.28.030 Membership appointment – Term.

Members of the board shall be appointed to a position for a term of three years (or for fulfillment of an expired term); appointees shall serve for terms as follows:

Position No. 1: Ending May 31, 1997

Position No. 2: Ending May 31, 1997

Position No. 3: Ending May 31, 1998

Position No. 4: Ending May 31, 1998

Position No. 5: Ending May 31, 1998

Position No. 6: Ending May 31, 1999

Position No. 7: Ending May 31, 1999

Any person may be removed from the board by the mayor, with approval of the city council. (Ord. 2121 § 4, 1997; Ord. 2081 § 2, 1996)

Chapter 2.29
PLANNING COMMISSION

Sections:

2.29.010 Created.

2.29.020 Powers and duties.

2.29.030 Membership appointment – Term.

2.29.040 Submission of ordinances for recommendation.

2.29.050 Number required for action.

2.29.060 Promotional duties.

2.29.010 Created.

There is hereby created and established a planning commission of the city of Lynnwood, composed of seven members as hereinafter provided. (Ord. 2121 § 5, 1997; Ord. 10 § 1, 1959; Ord. 60 § 2, 1960)

2.29.020 Powers and duties.

The planning commission shall have all of the powers and perform each and all of the duties specified by Chapter 35A.63 RCW, together with any other duties of authority which may hereafter be conferred upon them by the laws of the state of Washington. The performance of such duties and the exercise of such authority shall be subject to each and all the limitations expressed in such legislative enactment or enactments. (Ord. 2121 § 5, 1997; Ord. 60 § 2, 1960)

2.29.030 Membership appointment – Term.

Members of the commission shall be appointed to a position for a term of six years (or for fulfillment of an unexpired term); the appointees shall serve for terms as follows:

Position No. 1: Ending December 31, 1998

Position No. 2: Ending December 31, 1998

Position No. 3: Ending December 31, 1999

Position No. 4: Ending December 31, 2000

Position No. 5: Ending December 31, 2001

Position No. 6: Ending December 31, 2001

Position No. 7: Ending December 31, 2002

Members may be removed, after public hearing, by the mayor, with the approval of the city council for inefficiency, neglect of duty or malfeasance in office. The members shall be selected without respect to political affiliations. (Ord. 2121 § 5, 1997; Ord. 60 § 2, 1960; Ord. 10 § 1, 1959)

2.29.040 Submission of ordinances for recommendation.

The city council may refer to the planning commission, for its recommendation and report, any ordinance, resolution or other proposal relating to any of the matters and subjects referred to in Chapter 35A.63 RCW, and the commission shall promptly report to the council thereon, making such recommendations and giving such counsel as it may deem proper in the premises. (Ord. 2121 § 5, 1997; Ord. 10 § 3, 1959)

2.29.050 Number required for action.

No action which would result in a recommendation to the city council shall be effective unless passed by not less than four members of the planning commission at a public meeting thereof. (Ord. 2036 § 9, 1995; Ord. 545 § 1, 1970; Ord. 10 § 5, 1959)

2.29.060 Promotional duties.

The commission shall obtain and promote an understanding of and an interest in comprehensive planning for the city. The commission shall include in its studies and recommendations, from time-to-time, those areas outside the boundaries of the municipality which have, or may have, an environmental influence on the general welfare of the city. Extraterritorial planning shall be done to promote an adequate county planning program, to estimate future municipal service requirements, to encourage orderly land use and development, and to cooperate in fact finding and reporting, relative to regional planning and local integration on behalf of the city.

The commission shall be responsible for the conduct of neighborhood and community hearings regarding its studies, recommendations and proposals, and shall have the responsibility of promoting satisfactory public relations as a group and individually, upon which the city council in public policy matters can rely. Such relations shall be of both a formal and informal nature, i.e., official hearings as well as informational fact finding discussions.

Plans, reports, administrative matters and recommendations of the planning commission shall be submitted by resolution or report directly to the city council by such commission.

A comprehensive, long range and annual work program of the planning commission is hereby authorized, which authorization shall include a review by the commission of all major public improvements. (Ord. 2121 § 5, 1997; Ord. 60 § 3, 1960)

Chapter 2.30
HISTORICAL COMMISSION

Sections:

2.30.010 Created.

2.30.020 Powers and duties.

2.30.030 Membership appointment – Term.

2.30.090 Severability.

2.30.010 Created.

There is hereby created and established a historical commission of the city of Lynnwood composed of five members as hereinafter provided. (Ord. 2531 § 1, 2004)

2.30.020 Powers and duties.

The historical commission is hereby declared to be an advisory commission of the city of Lynnwood whose duties shall be to advise and recommend to the mayor and city council in regard to historical and cultural recognition and preservation activities, and to perform such other duties as the mayor may direct. The historical commission shall have the authority and perform all necessary duties in regard to designating properties to the city of Lynnwood historic landmark register.

The historical commission shall have all the powers and perform any duties of authority that may hereafter be conferred upon them by laws of the city of Lynnwood and state of Washington. The performance of such duties and the exercise of such authority shall be subject to each and all the limitations expressed in such legislative enactment or enactments. (Ord. 2531 § 2, 2004)

2.30.030 Membership appointment – Term.

Members of the commission shall be appointed to a position for a term of three years (or for fulfillment of an unexpired term); the appointees shall serve for terms as follows:

Position No. 1:	Ending December 31, 1998
Position No. 2:	Ending December 31, 1998
Position No. 3:	Ending December 31, 1999
Position No. 4:	Ending December 31, 1999
Position No. 5:	Ending December 31, 2000

Any person may be removed from the commission by the mayor, with approval of the city council. (Ord. 2531 § 3, 2004; Ord. 2160 § 1, 1997)

2.30.090 Severability.

If any section, subsection, sentence, clause, phrase, or word of this chapter should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality thereof shall not affect the validity or constitutionality of any other section, subsection, sentence, clause, phrase, or word of this chapter. (Ord. 2160 § 2, 1997)

Chapter 2.31
PUBLIC FACILITIES DISTRICT

Sections:

2.31.010 Formation of public facilities district.

2.31.090 Severability.

2.31.010 Formation of public facilities district.

A. Pursuant to Chapter 165, Laws of 1999, there is hereby created a public facilities district, to be known as the Lynnwood public facilities district, co-extensive with the boundaries of the city of Lynnwood, with all the powers and authority set forth in the provisions of Chapter 165, Laws of 1999, including any amendments thereto, including to acquire, construct, own, finance, and operate a regional center.

B. The public facilities district shall be governed by a board of directors consisting of five members as follows:

1. Two members appointed by the legislative authority of the city to serve for four-year staggered terms, which members shall not be members of the legislative authority.

2. Three members appointed by the legislative authority of the city, based on recommendations from local organizations, to serve for four-year staggered terms.

Members of the board of directors need not be residents of the city of Lynnwood. Members shall not include any member of the Lynnwood city council. Members should include persons with experience in the convention, hospitality, and tourism industries.

C. The council declares the following principles shall apply to the Lynnwood public facilities district and its board:

1. Pursuant to state law, the Lynnwood public facilities district is authorized to acquire, build, own, and operate a “regional center.” “Regional center” means a convention, conference or special events center, or combination, and related parking facilities, serving a regional population, constructed at a cost of at least $10,000,000, including debt service.

2. Every effort shall be made to ensure that a regional center is a first class facility that provides benefit to the citizens of the city of Lynnwood.

3. While new taxes are authorized by the state legislation allowing the Lynnwood public facilities district to be formed, the council declares that new taxes shall not be utilized by the district in connection with a regional facility without prior consultation and approval of the Lynnwood city council. Unless otherwise approved by the city council, the Lynnwood public facilities district funding source from taxes it may impose shall be limited to imposing a 0.0333 percent sales and use tax that is deducted from the state sales tax (which is not an additional tax, but a deduction from an existing tax that would otherwise be paid to the state).

4. The city council declares its intention, consistent with and subject to its determination of the public interest, to cooperate with the Lynnwood public facilities district in the development and operation of a regional facility. Cooperation may take the form of providing monetary and in-kind contribution to the Lynnwood public facilities district, and entering into interlocal agreements providing for capital and/or operating funding. Initially, the council declares that the city should make available on a part-time basis (approximately 50 percent) and the Lynnwood public facilities district should use the services of the city’s economic development manager for necessary assistance; that the city should make available and the Lynnwood public facilities district should use the services of the city’s finance director as a treasurer, and that the finance director should be an ex officio member of the board of the Lynnwood public facilities district; that the city should provide incidental assistance to the Lynnwood public facilities district in the form of routine legal services (for organization and routine matters for the first year) and meeting room space; and that the council commits to providing up to $25,000 in money, subject to approval of a specific board request for monies. In addition, the council recognizes that in order for the district to collect monies from the 0.0333 percent sales and use tax reapportionment the district must collect monies from other public or private sources to 33 percent of the sales and use tax amount collected, and that the council agrees, consistent with and subject to its determination of the public interest, to provide matching monies and/or other qualifying contributions. The council declares that any city monies contributed to the district shall be:

a. Subject to the terms of a council-approved interlocal or other agreement with the district; and

b. Limited to hotel-motel tax receipts, unless otherwise approved by the council.

5. In connection with the development and operation of a regional facility, every effort shall be made to obtain private funds and to partner, consistent with and subject to the public interest, private developer(s), if this achieves public goals and maximizes public benefit.

6. Public facilities district activity shall be done in an open, accountable, public manner consistent with the public interest. The board shall comply with the Open Public Meetings Act. All meetings of the board shall be open to the public, except when executive sessions are necessary.

7. The public facilities district shall report not less than quarterly, and otherwise as directed, to the council on the district’s activities. The report shall include a report on all financial matters, and other items as may be requested by the council. (Ord. 2454 § 1, 2003; Ord. 2452 § 1, 2003; Ord. 2266 § 1, 1999)

2.31.090 Severability.

If any section, subsection, sentence, clause, phrase or word of this chapter should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality thereof shall not affect the validity or constitutionality of any other section, subsection, sentence, clause, phrase or word of this chapter. (Ord. 2266 § 2, 1999)

Chapter 2.32
PARK DEPARTMENT

Sections:

2.32.010 Created – Purpose.

2.32.020 Powers and duties of the department.

2.32.030 Establishing, publishing and enforcing regulations.

2.32.040 Appointment and duties of parks, recreation and cultural arts director and other employees.

2.32.050 Park budget.

2.32.060 Penalty for violations.

2.32.010 Created – Purpose.

For the purpose of providing for the proper maintenance and operation of public parks, playgrounds, and other recreational facilities belonging to the city of Lynnwood, and to provide for the acquisition of land, structures, and other facilities for the park and recreational program of the city, there is hereby created and established a department of said city to be known as the municipal park and recreation department, hereinafter called “the department.” This chapter is enacted to vest the administration of the park and recreation program in a municipal department. (Ord. 124 § 1, 1962)

2.32.020 Powers and duties of the department.

The department shall have all the powers and perform all the duties provided by the laws of the state of Washington relating to parks and recreational facilities in the cities of the third class. The department shall have the power to conduct any form of recreation or cultural activity that will employ the leisure time of the people in a constructive and wholesome manner, and shall have control and supervision of all parks belonging to said city, and may plan, promote, manage and acquire, construct, develop, maintain, and operate, either within or without the city limits, parks, squares, parkways and boulevards, play and recreation grounds, and/or other municipally owned recreation facilities, including community buildings, and improve and ornament the same. The department may also solicit or receive on behalf of the city council any gifts or bequests of money or other personal property or any donation to be applied, principal or income, for either temporary or permanent use for playgrounds, parks, or other recreational purposes. The department shall have no power to acquire land or property, or to accept gifts of real or personal property, without the approval of the city council, and any property acquired shall be in the name of the city. (Ord. 124 § 2, 1962)

2.32.030 Establishing, publishing and enforcing regulations.

The department shall have power to make rules and regulations for the use of the park and recreational facilities and the government and management of the department, subject to approval of the city council. All rules, regulations, and amendments and changes adopted by the department shall be promulgated by one publication in the official newspaper of the city, and a copy thereof shall be filed in the office of the city clerk. These rules and regulations shall have full force and effect from and after the date of said publication. This chapter and rules and regulations adopted pursuant thereto shall be enforced by the police department. Violation of rules and regulations so adopted shall be a violation of this chapter. (Ord. 124 § 3, 1962)

2.32.040 Appointment and duties of parks, recreation and cultural arts director and other employees.

The director of the department for parks, recreation and cultural arts shall be the head of the department. The director of parks, recreation and cultural arts shall be appointed by the mayor, subject to a city council confirmation process in Chapter 2.06 LMC which includes, but is not limited to, a majority vote of the city council. The director of parks, recreation and cultural arts shall hold the appointment at the pleasure of the mayor. The department shall have charge of the management of the park and playground system and of the appointment and supervision of qualified employees thereof for the effective administration, construction and development of the public park and recreation system. The department director shall have such other powers and duties as may from time-to-time be imposed and conferred upon him by law or by ordinance. (Ord. 2423 § 4, 2002; Ord. 2353 § 1, 2001; Ord. 124 § 4, 1962)

2.32.050 Park budget.

Annually, the department shall submit a budget to the city council on or before the second Monday in August for its approval. (Ord. 124 § 5, 1962)

2.32.060 Penalty for violations.

The violation of this chapter shall be punishable by a fine not to exceed $100.00. (Ord. 124 § 6, 1962)

Chapter 2.34
FIRE DEPARTMENT

Sections:

2.34.010 Established.

2.34.020 Personnel.

2.34.030 Appointment of personnel.

2.34.040 Inspection authority.

2.34.050 Remedy of hazardous conditions.

2.34.060 Duties of chief.

2.34.070 Compensation.

2.34.080 Firemen’s relief and pension system.

2.34.010 Established.

There is established and created a fire department of the city of Lynnwood. (Ord. 353 § 1, 1967)

2.34.020 Personnel.

The department personnel shall consist of a fire chief and such other employees as the city council may from time-to-time deem necessary for the proper and efficient administration of the department. (Ord. 353 § 2, 1967)

2.34.030 Appointment of personnel.

The chief of the fire department shall be appointed by the mayor, subject to a city council confirmation process in Chapter 2.06 LMC which includes, but is not limited to, a majority vote of the city council. The fire chief shall hold the appointment at the pleasure of the mayor. The mayor may appoint such other personnel as the city council may from time-to-time authorize. Termination of an appointment shall be subject to any applicable law, ordinances, civil service rule or regulation, or labor contract, now or hereafter in effect. The chief of the fire department shall on appointment take an oath of office. (Ord. 2423 § 5, 2002; Ord. 2353 § 2, 2001; Ord. 353 § 3, 1967)

2.34.040 Inspection authority.

The fire chief, or such of his deputies as he may then have, shall have authority all times of day and night in performance of his duties hereunder to enter upon and examine any building or premises where any fire has occurred and any other building or premises adjoining or near thereto and at all reasonable times shall have the authority to inspect any public building or premises for fire hazards. (Ord. 353 § 4, 1967)

2.34.050 Remedy of hazardous conditions.

If the fire chief or his deputy finds in any building or premises subject to their inspection any combustible material or flammable conditions or fire hazards dangerous to the safety of the building, premises or public, he shall by written order require such conditions to be remedied and such order shall forthwith be complied with by the owner or occupant of the building or premises. (Ord. 353 § 5, 1967)

2.34.060 Duties of chief.

It shall be the duty of the fire chief to enforce all ordinances duly enacted and passed by the city council regulating fire safety and pertaining to operation of the fire department and to do all things necessary for the prosecution of offenders in the manner prescribed. The fire chief, subject to the supervision of the mayor, shall be responsible for the training, discipline, and control of all firefighters, including volunteer firefighters. (Ord. 2353 § 3, 2001; Ord. 353 § 6, 1967)

2.34.070 Compensation.

The fire chief and such additional personnel as may be employed shall receive such compensation as the council shall provide from year-to-year in its annual budget ordinance, and shall be entitled to such other benefits as are spelled out in other city ordinances governing personnel. (Ord. 353 § 7, 1967)

2.34.080 Firemen’s relief and pension system.

There is established and adopted a firemen’s relief and pension system as provided for in Chapter 41.18 RCW.

There is hereby created and established a volunteer firefighters’ pension and relief board of the city of Lynnwood consisting of the following five members:

1. Mayor, who shall be chair of the board;

2. Finance director, who shall be secretary-treasurer of the board;

3. One city councilmember;

4. Fire chief; and

5. One member of the fire department to be elected by the members of the fire department for a one-year term and annually thereafter.

The volunteer firefighters pension and relief board shall perform all functions, exercise all powers, and make such determinations as specified in Chapter 41.24 RCW, as it may be amended from time-to-time. (Ord. 2281 § 1, 1999; Ord. 519 § 1, 1969)

Chapter 2.36
POLICE DEPARTMENT*

Sections:

2.36.010 Department established.

2.36.020 Enforcement duties.

2.36.030 Police chief’s appointment, powers and duties.

2.36.040 Compensation.

2.36.050 Reserve policemen – Appointment and bond.

2.36.060 Reserve policemen – Control – Discharge.

2.36.070 Reserve policemen – Compensation.

2.36.090 Reserve policemen – Training and regulations.

2.36.100 Reserve policemen – Powers and duties.

2.36.105 Reserve officers – Relief and pension benefits.

2.36.110 Operation of jail.

*For civil service provisions, see Chapter 2.56 LMC.

2.36.010 Department established.

There is established and created a police department of the city of Lynnwood. (Ord. 38 § 1, 1959)

2.36.020 Enforcement duties.

It shall be the duty of the police department to enforce all ordinances duly enacted and passed by the city council, and to do all things necessary for the prosecution of offenders of the ordinances in a court of competent jurisdiction. (Ord. 38 § 2, 1959)

2.36.030 Police chief’s appointment, powers and duties.

A. The police department shall have a police chief, who shall be in general charge of the police department. The police chief shall be appointed by the mayor, subject to a city council confirmation process in Chapter 2.06 LMC which includes, but is not limited to, a majority vote of the city council. The police chief shall hold the appointment at the pleasure of the mayor.

B. The chief of police shall, subject to the approval of the mayor, promulgate such rules and regulations pertaining to the administration of the police department as he/she may deem necessary and proper. The police chief shall employ, subject to the approval of the mayor, such additional personnel, including auxiliary police officers, as shall be necessary to perform the duties referred to in LMC 2.36.020.

C. The police chief shall, upon appointment, take an oath of office. (Ord. 2423 § 6, 2002; Ord. 2353 § 4, 2001; Ord. 38 § 3, 1959)

2.36.040 Compensation.

The police chief and such additional personnel as he shall employ shall receive such compensation as the council shall provide from year-to-year in its annual budget ordinance. (Ord. 38 § 4, 1959)

2.36.050 Reserve policemen – Appointment and bond.

The mayor, at his discretion, may appoint not more than 30 reserve patrolmen to the city police department. The reserve patrolmen shall, prior to entry into office, duly take an oath of office and give their surety bond in the penal sum of $3,000, conditioned upon the faithful performance of their duties. (Ord. 396 § 1, 1968)

2.36.060 Reserve policemen – Control – Discharge.

The reserve patrolmen shall at all times be under the direction and control of the mayor and the chief of police, and may be discharged at the pleasure of the mayor. (Ord. 396 § 2, 1968)

2.36.070 Reserve policemen – Compensation.

Each reserve patrolman shall receive such compensation as the council provides from year-to-year in its annual budget, except that until the budget for the year 1969 is adopted, the reserve patrolmen shall receive $6.00 per shift. (Ord. 396 § 3, 1968)

2.36.090 Reserve policemen – Training and regulations.

The chief of police, subject to the supervision of the mayor, shall be responsible for the training, discipline and control of all reserve patrolmen, and shall promulgate reasonable rules and regulations to effect the aforesaid purposes. (Ord. 396 § 5, 1968)

2.36.100 Reserve policemen – Powers and duties.

The reserve patrolmen shall enforce all ordinances duly enacted and passed by the city council and shall have the power to do all things necessary in the apprehension of offenders and for the prosecution of offenders of the ordinances in a court of competent jurisdiction. (Ord. 396 § 6, 1968)

2.36.105 Reserve officers – Relief and pension benefits.

The city of Lynnwood hereby extends the relief and pension provisions of the Volunteer Firefighters’ and Reserve Officers’ Relief and Pension Act (“Act”) to all qualified police reserve officers.

A. The city shall pay all annual fees established by the State Board for Volunteer Firefighters for the relief plan. The city reserves the right to charge the reserve officers for any portion of said cost.

B. The city hereby elects, pursuant to the pension plan provisions of the Act, to allow participation by qualifying reserve police officers, and the city shall count and pay for the cost of all payments for all years of service completed prior to adoption of the ordinance codified in this chapter. The member who participates in the pension plan shall pay the members’ portion of the plan for 1998 and future years.

C. The police chief of the city is authorized to enroll the city’s reserve officers and to certify reserve officers’ service under the pension provisions of Chapter 41.24 RCW.

D. The city shall establish and maintain a board of trustees for the administration of Chapter 41.24 RCW. Such board shall consist of the mayor, finance director, one councilmember, the police chief and one reserve officer to be elected by the reserve officers of the city for an annual term of one year. The board of trustees shall comply with the provisions of RCW 41.24.070, 41.24.080, 41.24.090, 41.24.100, 41.24.110, 41.24.120, 41.24.130 and 41.24.460(3), existing and as amended. (Ord. 2280 § 1, 1999)

2.36.110 Operation of jail.

The chief of police shall have charge and supervision of the Lynnwood municipal jail. The chief of police is authorized and directed to promulgate policies and standards not inconsistent with the laws of the United States, the state of Washington, and the ordinances of the city, as deemed necessary or expedient for the operation of the jail, the protection of the inmates and staff, and to provide for the public health, safety, and welfare. (Ord. 2182 § 2, 1998; Ord. 1610 § 1, 1987)

Chapter 2.37
CUSTODIAL CARE STANDARDS

Sections:

2.37.010 Physical plant standards.