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HomeMy WebLinkAboutAdopting OrdinanceAdopting OrdinanceDraft: 10/08/200 4:30PM COUNTY OF JEFFERSON STATE OF WASHINGTON An Ordinance on Code Compliance in } Unincorporated Areas of Jefferson County}ORDINANCE NO. ________________ HEREAS,Article XI, section 11 Wof the Washington Constitution, confersupon county legislative authorities the police power to adoptsuch local police, sanitary and other regulations as are not in conflict with general laws; and, WHEREAS, Article XI, section 11of the Washington Constitutionis a direct delegation of the police power to cities and counties, and the power delegated is as extensive within their sphere as that possessed by the legislature; and, WHEREAS,RCW36.32.120(7)provides that the county legislative authorities shall make and enforce, by appropriate resolutions or ordinances, all such police and sanitary regulations as are not in conflict with state law; and, WHEREAS, RCW 70.05.060grants to the Board of Health specific powers and duties including: (1) Enforce through the local health officer or the administrative officer appointed under RCW 70.05.040, if any, the public health statutes of the state and rules promulgated by the state board of health and the secretary of health; (2) Supervise the maintenance of all health and sanitary measures for the protection of the public health within its jurisdiction; (3) Enact such local rules and regulations as are necessary in order to preserve, promote and improve the public health and provide for the enforcement thereof; (4) Provide for the control and prevention of any dangerous, contagious or infectious disease within the jurisdiction of the local health department; (5)Provide for the prevention, control and abatement of nuisances detrimental to the public health; (6) Make such reports to the state board of health through the local health officer or the administrative officer as the state board of health may require; and, (7) Establish fee schedules for issuing or renewing licenses or permits or for such other services as are authorized by the law and the rules of the state board of health; HEREAS, police power is that inherent and plenary power which enables prohibition W of all things hurtful to the comfort, safety and welfare of society;and, WHEREAS, the scope of police power is broad, encompassing all those measures which bear a reasonable and substantial relation to promotion of the general welfare of the people;and, WHEREAS,RCW 36.32.120(10)provides that county legislative bodieshave the power to declare by ordinance what shall be deemed a nuisance within the county; to abate a nuisance at the expense of the parties creating, causing, or committing the nuisance; and to levy a special assessment on the land or premises on which the nuisance is situated to defray the cost, or to reimburse the county for the cost of abating it; and, 1 Adopting OrdinanceDraft: 10/08/200 4:30PM WHEREAS,Jefferson County is exercising its constitutional and statutory authority to declare what shall be deemed a nuisance in unincorporated Jefferson County and is establishing a system for addressing nuisances in the county that is consistent with state law; and, WHEREAS, theBOH and theBoCC each have held a hearingand has received public comment on the draft ordinance proposed by staff; and, WHEREAS, in response to the public comment and testimony, additional improvements to the draft ordinance have been made, and, N OW, THEREFORE, be it ordained by the BOH and the BoCC as follows: Section 1. Adding Title 19JCC.The BoCC and the BOH have concurrent legislative authority regarding the adoption of Title 19 JCC and for the changes in the other Titles for which they have legislative authority as stated below. The BoCC and the BOH jointly adopt Title 19, as set forth in Appendix A. Section 2. Conforming Other Provisions of the JCC to Title 19 JCC.The provisions of Title 8 JCC, Title 15 JCC, Title 17 JCC, Title 18 JCC shall be modified to conform to Title 19 JCC as set forth in Appendix B. a.The BoCC and the BOH have concurrent legislative authority regarding the proposed changes to Title 8 JCC as follows: i.The BoCC and the BOH have concurrent legislative authority for the changes to Chapters 8.01, 8.05, 8.10, 8.15, 8.45, 8.55, 8.60, and, 8.65.For these changes, the BoCC and the BOH jointly adopt them. ii.The BoCC has legislative authority regarding the proposed changes to Chapters 8.20, 8.25, 8.30, 8.40, 8.70, 8.75, 8.80, and, 8.90and the BOH has no legislative authority regarding these changes. For these changes only the BoCC adopts them. b.The BoCC has legislative authority regarding the proposed changes to Titles 15, 17 and 18 and the BOH has no legislative authority regarding these changes. For these changes only the BoCC adopts them. Section 3. Findings. The BOH and the BoCC hereby adopt the above recitals (the “WHEREAS” statements) as its findings of fact in support of this Ordinance. Section 4. Severability.The provisions of this Ordinance are declared separate and severable.If any provision of this Ordinance or its application to any person or circumstances is held invalid, then the remainder of this Ordinance or application of its provisions to other persons or circumstances shall remain valid and unaffected. Section 5. Establishment Fees. Fees set forth in Title 19JCCshall be established.These fees shall be added to the Appendix Fee Schedule. Section 6.SEPA Compliance. The Jefferson County Prosecuting Attorney’s Office prepared an environmental checklist detailing the proposed ordinance and its compliance with the State Environmental Policy Act (SEPA). After a review of the environmental checklist, 2 Adopting OrdinanceDraft: 10/08/200 4:30PM proposal, available information,and applicable regulations Jefferson County’s SEPA Responsible Official issued a Determination of Non-Significance (DNS) on October ___, 2019 under WAC 197-11-340(1). Under WAC 197-11-340 this DNS does not require a public comment period. Section 7.Effective Date. This ordinance is effective immediately upon adoption. (SIGNTURES FOLLOW ON NEXT PAGES) 3 Adopting OrdinanceDraft: 10/08/200 4:30PM APPROVED AND ADOPTEDthis day of , 2019. JEFFERSON COUNTY BOARD OF HEALTH ______________________________________________________ Sheila Westerman, Chair Kate Dean, Vice Chair ____________________________________________________ Pamela Adams, MemberGreg Brotherton, Member ____________________________________________________ Kees Kloff, MemberDenis Stearns, Member ____________________________ David Sullivan, Member ATTEST:APPROVED AS TO FORM: ______________________________ ______________________________ Karen Abbott, Date Philip C. Hunsucker, Date Clerk of the Board Chief Civil Deputy Prosecuting Attorney 4 Adopting OrdinanceDraft: 10/08/200 4:30PM ADOPTED this _____ day of _________________________ 2019, at ___: ___ a.m. JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS SEAL: ______________________________ Greg Brotherton, Chair ______________________________ David Sullivan, Member A TTEST:______________________________ Kate Dean, Member APPROVED AS TO FORM: ______________________________ ______________________________ Carolyn Gallaway, Date Philip C. Hunsucker, Date Deputy Clerk of the Board Chief Civil Deputy Prosecuting Attorney 5