ORD 89-45 POSTING OF BONDSORDINANCE N3.89-45
AN ORDINANCE OF THE CITY OF WINSLOW, WASHINGTON,
AMENDING THE WINSLOW MUNICIPAL CODE, TITLE 18,
ENTITLED ZONING TO REVISE CHAPTER 18.108, ENFORCE-
MENT AND PENALTY TO PROVIDE FOR THE POSTING OF BONDS
TO ENSURE CONTINUED COMPLIANCE WITH CONDITIONS
IMPOSED; AND ALLOWING THE CITY TO ACT UNDER SUCH BOND
OR TO PERFORM THE ~UIRED WORK AND TO CREATE A LIEN
AGAINST THE PROPERTY.
WHEREAS, tx~e City Council of the City of Winslow,
Washington, has determined that the Zoning Code should be
amended; and
WHEREAS, the Planning Agency conducted the required
public hearing on the 26th day of January, 1989; and
WHEREAS, the City Council of the City of Winslow
finds that the policies outline~ ~ the Land Use subsection
of the Comprehensive Plan requires the updating of the Zoning
Code; now, therefore
THE MAYOR AND CITY COUNCIL OF THE CITY OF WINSLOW DO
ORDAIN AS FOLLOWS:
Section 1. Chapter 1~.~08. Enforcement and Penalty
is hereby amended to add a new section, 18.108.050,
Performance Bond Procedure.
18.108.050 Performance Bond Procedure.
After reviewing any application for a land use or a zoning
matter, the reviewing official or body may provide for the
posting of bonds to ensure continued compliance with any
conditions imposed, including the construction of
improvements, the adherence to city standards, and/or the
maintenance, repair or replacement of such improvements. The
bond shall be in a form acceptable to the city attorney. In
the event that a condition occurs warranting the use of such
bond, the appropriate administrator may elect to act under
such bond or may perform the work required at city expense,
which expense shall be a lien against the property,
enforceable as would be a judgement thereon.
Section 2. Severability. If any provision hereof is
found to be unen?orceable, the remaining provisions shall be
in full force and effect.
Section 3. This ordinance or a summary of the title
shall be publish[d in the official newspaper of the City of
Winslow, Washington, and shall t~~ effect 5 days after
publication and posting as required by law.
ALICE B. TAWRESEY,
ATTEST/AUTHENTICATE:
'~'DONNA JE ~erk/ r
APPROVED AS TO FORM:
O.
ROBERT O. CONOLEY, City
FILED WITH THE CITY CLERK: October 6, 1989
PASSED BY THE CITY COUNCIL: Decemir 7, 1989
PUBLICATION DATE: Decemir 13~ 1989
EFFECTIVE DATE: Decemir 18~ 1989
ORDINANCE NO. 89-45
To:
From:
Subject:
Date:
0 C l 1 cJ 1989
OF WINSt0
Hayor Alice Tawresey
George R. Slmpson
Review o~ DraZt O~lnances (~or Conslde=atlon 10-19-89)
Octobe= 18 ~ 1989
Per your telephone request this date,
ordinances have been reviewed:
the following draft
Ordinance No. 89-30 WMC Chapt. 2.36 "Planning Agency"-
No errors were found in the copy marked: "Revised
October 5, 1989".
Ordinance No. 89-45 WMC Chapt. 18.108 "Enforcement and
Penalty"
No errors were found in the copy marked: "FILED WITH
THE CITY CLERK: October 6, 1989" and having no revision
date. (Planning Agency recommendation number 12 makes
reference to Chapter 18.76 rather than 18,108 shown in
this draft, as that was the chapter used by the City
Attorney in his letter to the Planning Agency dated
January 12, 1989. Chapter 18,108 is correct. ~The
confusion was generated during the transition from the
Roman numeral version of the Zoning Ordinance to the
Arabic).
Ordinance No. 89-46
WMC Chapt. 15.04
"Building Code"
(Energy)
It is my understanding that this item has been removed
from the agenda as the draft ordinance may be revised.
Comments will be provided when requested.
Thank you for giving me the opportunity to review these draft
ordinances prior to their adoption.
TO:
FROM:
DATE:
RE:
PLANNING AGENCY
City Attorney
January 12, 1989
RECEIVED
,I N 17 1989
Bonds for Completion/Maintenance of Projects; Zoning
and Land Use Matters.
Here's the language we should consider on the above points as
suggested today. However, rather than putting it in the High
School Road District or any particular zone, let's put in in
Chapter 18.76, entitled Enforcement and Penalty, and/or an
equivalent all-purpose section, such as those governing the
Hearing Examiner.
"After reviewing any application for a land use or a zoning
matter, the reviewing official or body may provide for the posting
of bonds to ensurecontinued compliance with any conditions imposed,
including the construction of improvements, the adherence to city
standards, and/or the maintenance, repair, or replacement of such
improvements. The bond shall be in a form acceptable to the City
Attorney. In the event that a condition occurs warranting the
use of such bond, the appropriate administrator may elect to act
under such bond or may perform the work required at city expense,
which expenses shall be a lien against the property, enforceable
as would be a judgment thereon."