ORD 2003-22 CONSOLIDATING DEFINITIONS AND TERMS IN BIMC ORDINANCE NO. 2003-22
AN ORDINANCE OF THE CITY OF BAINBRIDGE ISLAND,
WASHINGTON, CONSOLIDATING DEFINITIONS AND TERMS IN THE
CITY CODE; AMENDING SECTION 1.04.010 OF THE BAINBRIDGE
ISLAND MUNICIPAL CODE, REPEALING SECTIONS 2.52.010C,
3.88.020B, 5.08.020A, 5.10.010C, 5.10.010E, 5.36.010H, 5.36.010I, 5.40.010B,
6.04.010(21), 8.16.020C, 8.16.020J, 10.24.020P, 10.24.020W, 12.20.020B,
12.20.020C, 12.20.020E, 12.24.010A, 12.32.020B, 12.38.010E, 13.04.020,
13.04.030, 13.04.180, 13.10.010A, 15.04:015A, 15.04.060A, 15.05.020A,
15.16.020A, 15.16.020L, 15.20.020(9), 15.20.020(10), 15.20.020(20),
15.20.020(23), 15.20.020(48), 15.21.020B, 15.34.020C, 16.24.0201, 19.02.030E
AND 19.02.030P OF THE BAINBRIDGE ISLAND MUNICIPAL CODE;
REPEALING THE pARAGRAPHS THAT DEFINE "HEALTH
DEPARTMENT", "HEALTH OFFICER", "MANAGER" AND "PERSON"
IN SECTION 13.28.020 OF THE BAINBRIDGE ISLAND MUNICIPAL
CODE; REPEALING THE PARAGRAPHS THAT DEFINE
"APPLICANT," "APPLICATION," "CITY ENGINEER," AND
"DIRECTOR" IN SECTION 15.32.020 OF THE BAINBRIDGE ISLAND
MUNICIPAL CODE; AND REPEALING THE DEFINITIONS OF
"APPLICANT," "BIMC," "CITY COUNCIL," "DEVELOPER,"
"DIRECTOR," AND "PERMIT" IN THE PUBLIC WORKS DESIGN AND
CONSTRUCTION STANDARDS AND SPECIFICATIONS MANUAL
ADOPTED IN ORDINANCE 94-29 AS AMMENDED BY ORDINANCE NO.
97-23.
WHEREAS, the City Council is authorized to modify the City code in accordance with
Washington State laws; and
WHEREAS, the current City code contains provisions that were adopted after
incorporation in 1947, and other terms were taken fi:om or based on Kitsap County and City of
Winslow codes, and other terms were adopted after annexation; and
WHEREAS, thc City Council desires to remove inconsistencies and redundant terms
fi:om the current code; and
WHEREAS, Resolution 2002-38 sets a goal to revise the City code to make the codes
more internally consistent and clear; and
WHEREAS, BIMC 1.04.010 is designed to de£me all words and phrases that are used
throughout the code provisions in a similar context; now, therefore
THE CITY COUNCIL OF THE CITY OF BAINBRIDGE ISLAND, WASHINGTON,
DO ORDAIN AS FOLLOWS:
1 04.010 Global Defmit~ons Ordmance 2003-22 Page 1 of 5
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Section 1. Section 1.04.010 of the Bainbridge Island Municipal Code is amended to
read as follows:
Definitions. Whenever used in the ordinances of the city, the following words and
phrases shall be construed as defined in this section, unless from the context a
different meaning is intended or unless a different meaning is stated in the
ordinance using the word or phrase:
A. "Applicant" means a person or authorized agent who applies to the city for
a license, permit or other approval.
B. "Application" means an application for a license, permit or other 'approval
that may be issued or denied by the city.
C. "Appeal" means a request for review of a city decision in accordance with
appeal procedures adopted by the city.
D. "BIMC" or "code" means the Bainbridge Island Municipal Code.
E. "Building official" means the person appointed to be responsible for
supervising the enforcement of all applicable building codes, permit processes
and inspections.
F. "City" means the City of Bainbridge Island.
G. "City engineer" means the duly appointed city engineer of the city, his
employee or authorized deputy.
H. "Council" or "city council" means the legislative.body for the city of
Bainbridge Island.
I. "Countf' means Kitsap County.
J. "Clerk" or "city clerk" means the city clerk or such city employee or agent
as the mayor shall designate.
K. "Day" means a calendar day.
L. "Director" means the director of a city department.
M. "Ecology" or "DOE" means Washington State Department of Ecology
("Ecology" is preferred).
N. "Fire marshal" means a designated agent of the city who has the authority
to implement and enforce the provisions of the adopted fire code and related
chapters of the code.
O. "Health district" means the Kitsap County Health District.
P. "Health officer" means the Kitsap County director of the Kitsap County
Health District, or his authorized agent.
Q. "Heating examiner" means an individual who has been appointed to
conduct public hearings in quasi-judicial matters pursuant to Chapter 2.38 BIMC.
R. "La~v" means applicable federal law, the Constitution and statutes of the
state, the ordinances of the City, and regulations that may be promulgated under
all such laws, Constitutions, statutes, and ordinances.
S. "May" is permissive.
T. "Month" means a calendar month.
U. "Must" and "shall" are each mandatory.
V. "Oath" includes an affirmation or declaration in all cases in which, by law,
an affirmation may be substituted for an oath, and in such cases the words
"swear" and "sworn" shall be equivalent to the words "affirm" and "affirmed."
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W. "Owner" means a person who keeps, has imerest in, has control of,
custody, or possession of a business or real or personal property.
X. "Permit" means the official written approval by the city to do any action
regulated by this code.
Y. "Person" means an individual, association, cooperative, club, society,
corporation, partnership, limited liability company, firm, organization, trust,
estate, receiver, federal, state or local governmental unit however designated, or
municipal corporation.
Z. "Planning commission" means the planning commission of the city.
AA. "Preceding" and "following" mean next before and next after,
respectively.
BB. "State" means the State of Washington.
CC. "Year" means a calendar year.
Section 2. The definitions of Applicant, BIMC, City Council, Developer, Director,
and Permit in the Public Works Design and Construction Standards and Specifications Manual,
adopted in Ordinance 94-29 as amended by Ordinance No. 97-23, are repealed.
Section 3. Subsection 2.52.010C, "County," of the Bainbridge Island Municipal Code
is repealed.
Section 4. Subsection 3.88.020B, "Person or persons," of the Bainbridge Island
Municipal Code is repealed.
Section 5. Subsection 5.08.020A, "Clerk," of the Bainbridge Island Municipal Code is
repealed.
Section6. Subsections 5.10.010C, "Director," and 5.10.010E, "Person," of the
Bainbridge Island Municipal Code are repealed.
Section T. Subsections 5.36.010H, "Permit," and 5.36.0101, "Person," of the
Bainbridge Island Municipal Code are repealed.
Section 8. Subsection 5.40.010B, "Person," of the Bainbridge Island Municipal Code
is repealed.
Section 9. Subsection 6.04.010(21), "Person," of the Bainbridge Island Municipal
Code is repealed.
Section 10. Subsection 8.16.020C, "City," and 8.16.020J, "Person," of the Bainbridge
Island Municipal Code are repealed.
Section 11. Subsections 10.24.020P, "Day," and 10.24.020W, "Heating examiner," of
the Bainbridge Island Municipal Code are repealed.
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Section 12. Subsections 12.20.020B, "City," 12.20.020C, "Director," and 12.20.020E,
"Person," of the Bainbridge Island Municipal Code are repealed.
Section 13. Subsection 12.24.010A, "City," of the Bainbridge Island Municipal Code
is repealed.
Section 14. Subsection 12.32.020B, "Development approval," of the Bainbridge Island
Municipal Code is repealed.
Section 15. Subsection 12.38.010E, "Public works department," of the Bainbridge
Island Municipal Code is repealed.
Section 16. Sections 13.04.020, "City," 13.04.030, "City engineer," and 13.04.180,
"Person," of the Bainbridge Island Municipal Code axe repealed.
Section 17. Subsection 13.10.010A, "City engineer," of the Bainbridge Island
Municipal Code is repealed.
Section 18. The specific paragraphs in Section 13.28.020 of the Bainbridge Island
Municipal Code that define "Health department," "Health officer," "Manager," and "Person," are
repealed.
Section 19. Subsection 15.04.015A, "Building official," and 15.04.060A, "City" of the
Bainbridge Island Municipal Code are repealed.
Section 20. Subsection 15.05.020A, "Fire marshal," of the Bainbridge Island Municipal
Code is repealed.
Section21. Subsections 15.16.020A, "Appeal," and 15.16.020L, "Owner," of the~
Bainbridge Island Municipal Code are repealed.
Section 22. .Subsections 15.20.020(9), "City council;" 15.20.020(10), "City engineer;"
15.20.020(20), "Director," 15.20.020(23), "Ecology," and 15.20.020(48), "Person," of the
Bainbridge Island Municipal Code are repealed.
Section 23. Subsection 15.21.020B, "Person," of the Bainbridge Island Municipal Code
is repealed.
Section 24. The specific paragraphs in Section 15.32.020 of the Bainbridge Island
Municipal Code that define "Applicant," "Application," "City engineer," and "Director," are
repealed.
Section 25. Subsection 15.34.020C, "Director," of the Bainbridge Island Municipal
Code is repealed.
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Section 26. Subsection 16.24.020(I), "Owner," of the Bainbridge Island Municipal
Code is repealed.
Section27. Subsections 19.02.030E, "City," and 19.02.030P, "Person," of the
Bainbridge Island Municipal Code are repealed.
Section 28. This Ordinance shall take effect five days after its passage, approval and
publication as required by law.
PASSED by the City Council this 28th day of May, 2003.
APPROVED by the Mayor this 29th day of ~, 2003. ._~ _
Darlene Kordono~6-Mayor ~jf
ATTEST/AUTHENTICATE: APPROVED AS TO FORM:
~usan P. Kasper, City Clerk Rod P. Kaseguma, City Attorney
FILED WITH THE CITY CLERK: May 8, 2003 PUBLICATION DATE: June 4, 2003
PASSED BY THE CiTY COUNCIL: May 28, 2003
EFFECTIVE DATE: June 9, 2003
ORDINANCE NO. 2003-22
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