ORD 95-40 EXISTING EMERGENCYORDINANCE NO. 95-40
AN ORDINANCE of the City of Bainbridge Island, Washington,
authorizing the Director of the Department of Planning and
Community Development to determine an emergency exists and
to waive any or all zoning code and other development regulations
for a permit approval.
THE CITY COUNCIL OF THE CITY OF BAINBRIDGE ISLAND,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. To protect the public health, life and safety, the Director of the
Department of Planning and Community Development may recommend a determination of
emergency and waiver of any or all zoning code and other development regulations for permit
approval to the City Council which shall act by motion on the recommendation at the next
regular meeting or any special meeting. If failure to take corrective action presents an eminent
danger to health, life and/or property, the Director may determine that an emergency exists and
waive zoning code and development regulations without Council concurrence. However, for any
waiver granted without Council concurrence, the Director shall file a report of the determination
and the facts supporting the determination with the Mayor and City Council within five days of
the determination. Any determination made without prior Council approval shah be considered
interim and may be rescinded by the Council at their next regular meeting or any special
meeting.
Section 2. An emergency shall only be determined to remedy situations that
present clear hazards to public health, property and/or safety; have occurred through no fault
of the petitioner; have resulted from a sudden change in circumstance and where any delay
clearly threatens public health, property and/or safety.
Section 3. Determinations of emergencies shall be temporary and the petitioner
shall be required to make application for all appropriate permits within 30 days of the
determination of emergency unless otherwise stated in the determination of emergency.
Section 4. This ordinance shall be in force and take effect five days from and
after its passage, approval and publication.
PASSED by the City Council this 19th day of 0cl:ober , 1995.
APPROVED by the Mayor this 20th day of October , 1995.
ATTEST/AUTHENTICATE:
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APPROVED AS TO FORM:
ROD P. KASEGUMA, City Attorney
FILED WITH THE CITY CLERK: October 5, 1995
PASSED BY THE CITY COUNCIL: October 19,
PUBLICATION DATE: October 25, 1995
ORDINANCE NO. 95-40
1995