Chapter 8.10
OPEN BURNING
Sections:
8.10.070 General requirements.
8.10.080 General prohibitions.
8.10.090 Order to cease open burning.
8.10.100 Conducting an open burn.
8.10.110 Protection responsibility.
8.10.140 Call-out reimbursement for illegal burns.
8.10.160 Application for appeal.
8.10.170 Conduct of proceedings.
8.10.010 General provisions.
A. This chapter is hereby adopted and shall be in full force and effect upon adoption as an emergency is found to exist requiring immediate enforcement of the provisions, conditions and/or actions found within this chapter.
B. Pursuant to ORS 478.300(2), this chapter shall apply to all areas, individuals and/or legal entities within the jurisdiction of the Garibaldi Rural Fire District.
C. A fee for appeal as well as the fee(s) for call-out reimbursement are contained within this chapter.
D. This chapter shall be codified into the Garibaldi Municipal Code following administrative procedures. [Ord. 305 Art. I, 2008.]
8.10.020 Title.
These rules, regulations and standards adopted by this chapter are hereafter referred to as the “open burning policy” for the city of Garibaldi, Oregon. [Ord. 305 Art. II, 2008.]
8.10.030 Definitions.
As used within this chapter, unless the context requires otherwise:
“Administration” means the inspection, enforcement and record-keeping systems used in the management of a fire prevention/investigation program.
“Agricultural burning for disease/pest control” means the open burning of waste infected or infested with a disease or pest for which the County Extension Service or Oregon Department of Agriculture identify as having no other practical control.
“Agricultural open burning” means the open burning of any agricultural waste, except as provided in OAR 340-264-0040(5).
“Agricultural waste” means any waste material generated or used by an agricultural operation, excluding those materials described in OAR 340-264-0060(3).
“Animal disease emergency” means the occurrence of a disease that the Oregon Department of Agriculture determines has potentially serious economic implications for the livestock industries of this state.
“Appeal” means the administrative process which is offered to an aggrieved party by the city which is in response to the aggrieved party having received an order from the city and is requested by the aggrieved party.
“Assistant,” as used herein, means an assistant to the State Fire Marshal under ORS 476.060, including, but not limited to, “all fire marshals in those governmental subdivisions having such officers, and where no such officer exists, the chief of the fire department of every city or rural fire protection district in which a fire department is established.”
Chief. See “Fire chief.”
“Combustion promoting materials” includes, but is not limited to, propane, diesel oil or jellied diesel.
“Commercial open burning” means the open burning of commercial waste.
“Commercial waste” means any material except agricultural waste, construction waste, demolition waste, domestic waste, industrial waste and slash. Examples of commercial waste are materials from offices, wholesale or retail yards and outlets, warehouses, restaurants, mobile home parks, domestic waste removed from the property of origin, and dwellings containing more than four family living units, such as apartments, condominiums, hotels, motels or dormitories.
“Construction open burning” means the open burning of any construction waste.
“Construction waste” means any waste material generally used for, resulting from or produced by a building or construction project. Examples of construction waste are wood, lumber, paper, crating and packing materials processed for or used during construction, materials left after completion of construction, and materials collected during cleanup of a construction site.
“Daylight hours” means the time between 7:30 a.m. and two hours before sunset.
“Demolition open burning” means the open burning of demolition waste.
“Demolition waste” means any material resulting from or produced by the complete or partial destruction or tearing down of any manmade structure, or the clearing of any site for land improvement or cleanup, excluding yard debris (domestic waste) and agricultural waste.
“District” means a rural fire protection district proposed to be organized or organized under, or subject to, ORS Chapter 478. In other instances, “district” shall mean the Garibaldi Rural Fire District.
“Domestic open burning” means the open burning of any domestic waste.
“Domestic waste” means household waste material; which includes paper, cardboard, clothing, yard debris or other material generated in or around a dwelling of four or fewer family living units, or on the real property appurtenant to the dwelling. Such waste materials generated in or around a dwelling of more than four family living units are commercial wastes. Once domestic waste is removed from the property of origin, it becomes commercial waste.
“Enforcement” means the investigation, inspection, citation, and/or prosecution of alleged violations of state and local fire protection laws, rules and regulations.
“Fire chief” means an individual, appointed by the city, who is qualified and certified by the state of Oregon as a firefighter, who is responsible for the overall operations of the fire department, enforcement of fire protection codes where applicable, and other duties/responsibilities as proscribed by the State Fire Marshal. “Chief,” as used within this chapter, may also mean any individual of the city’s fire department or city who is delegated responsibilities by the fire chief under this chapter.
“Fire code” means all Oregon fire protection statutes, the administrative rules of the State Fire Marshal and local government regulations which are adopted in conformance with Division 39 of OAR 837.
“Fire hazard” means the presence or accumulation of combustible material of such nature and in sufficient quantity that its continued existence constitutes an imminent and substantial danger to life, property, public welfare, or adjacent lands.
“Governmental subdivision” means a city, county or rural fire protection district in this state whose functions include regulation of building use and occupancy and the administration of fire safety laws, ordinances and regulations.
“Hazard to public safety” means fires that burn prohibited materials or result in smoke that substantially impairs visibility on a roadway.
“Industrial open burning” means the open burning of any industrial waste.
“Industrial waste” means any waste material, including process waste, produced as the direct result of any manufacturing or industrial process.
“Land clearing” means the removal of trees, brush, logs, stumps, debris or manmade structures for the purpose of site cleanup or site preparation. All waste material generated by land clearing is demolition waste except those materials included in the definitions of agricultural wastes, yard debris (domestic waste), and slash.
“Nuisance” means a substantial and unreasonable interference with another’s use and enjoyment of real property, or the substantial and unreasonable invasion of a right common to members of the general public.
“Open burning” means burning in open, outdoor fires; burning in burn barrels; burning in incinerators that do not meet the emission limitations specified for solid and infectious waste incinerators in OAR 340-230-0100 through 340-230-0150; and any other outdoor burning when combustion air is not effectively controlled and combustion products are not effectively vented through a stack or chimney.
“Ordinance” means this open burning chapter and includes any subsequent revisions and/or amendments, if any.
“Owner” or “landowner” means a legal owner of real property or the vendee of a contract of purchase of real property, if any, to the exclusion of the vendor. The term includes a unit owner, as defined in ORS 100.005.
“Person” means any individual, corporation, association, firm, partnership, joint stock company, public or municipal corporation, political subdivision, the state or any agency thereof, or the federal government or any agency thereof.
“Promulgate” means to lawfully develop and adopt an administrative rule, local ordinance, code or regulation authorized by law.
“Service area” means the geographic area contained within municipal city limits, corporate boundaries of a fire protection district or the area subject under the authority of any other municipal, city, district, state or federal agency.
“Slash” means forest debris or woody vegetation to be burned that is related to the management of forest land used for growing and harvesting timber.
“Waste” includes any useless or discarded materials. Each waste is categorized as one of the following types: agricultural, commercial, construction, demolition, domestic, industrial or slash.
“Yard debris” means wood, needle or leaf materials from trees, shrubs or plants from the real property appurtenant to a dwelling of not more than four family living units so long as such debris remains on the property of origin. Once yard debris is removed from the property of origin, it becomes commercial waste. Yard debris is included in the definition of domestic waste. [Ord. 305 Art. III, 2008.]
8.10.040 Permits required.
A. With the exception of those materials and/or instances specified in GMC 8.10.060, an open burning permit is required before any open burn is begun within the service area of the city of Garibaldi’s volunteer fire department (GVFD) during the fire season specified in GMC 8.10.050.
B. No open burning permit will be issued for the purpose of conducting an open burn in locations that, while within GVFD’s service area, are subject to the rules, regulations and standards of the Oregon Department of Forestry. [Ord. 305 Art. IV (4.1), 2008.]
8.10.050 Fire season.
A. Fire season, i.e., the period of which permits shall be required subject to the terms, conditions and standards of this chapter, shall commence on July 1st of each year and expire on June 30th of the following year.
B. A single permit shall be issued for all open burns, except those listed in GMC 8.10.060, subject to any other rule, regulation and/or standard within this chapter and/or by the State Fire Marshal or the fire chief.
C. During the period when the Oregon Department of Forestry or other controlling agency and/or person declares fire season statewide and/or countywide, all open debris burning shall be immediately suspended. However, unless a full open burning ban has been declared, burning in approved devices may continue during ODF’s fire season as long as said burning complies with this chapter.
D. Nothing in this section shall be construed to allow open burning during declared open burning bans. [Ord. 305 Art. IV (4.2), 2008.]
8.10.060 Exempted materials.
As specified in OAR 340-264-0040, and as otherwise specified within this chapter, the following are exempted from the requirement of an open burning permit:
A. Recreational fires and ceremonial fires, for which a fire is appropriate.
B. The operation of any barbecue equipment.
C. Fires set or permitted by any public agency when such fire is set or permitted in the performance of its official duty for the purpose of weed abatement, prevention or elimination of a fire hazard, or a hazard to public health or safety, or for instruction of employees in the methods of fire fighting, which in the opinion of the public agency is necessary. Open burning fires otherwise exempt from the requirements of this section are still subject to the requirements and prohibitions of the city of Garibaldi and the State Fire Marshal.
D. Agricultural open burning pursuant to ORS 468A.020. Agricultural burning is still subject to the requirements and prohibitions of the city of Garibaldi and the State Fire Marshal.
E. Slash burning on forestland or within one-eighth mile of forestland permitted under the Oregon Smoke Management Program regulated by the Oregon Department of Forestry pursuant to ORS 477.515.
F. Fires set pursuant to permit for the purpose of instruction of employees of private industrial concerns in methods of fire fighting, or for civil defense instruction. However, the GVFD shall be notified no less than five working days prior to such burning.
G. Agricultural burning for disease or pest control when the fire is set or authorized in writing by the Department of Agriculture prior to such burning. A reasonable attempt shall be made to minimize or eliminate any and all smoke and/or odor caused by such burning so as to not create a nuisance on neighboring properties.
H. When caused by an authorized representative of the Department of Agriculture, open burning of carcasses of animals that have died or been destroyed because of an animal disease emergency. A reasonable attempt shall be made to minimize or eliminate any and all smoke and/or odor caused by such burning so as to not create a nuisance on neighboring properties. [Ord. 305 Art. V, 2008.]
8.10.070 General requirements.
A. This rule applies to all open burning, unless expressly limited by any other rule, regulation, permit, ordinance, order or decree of the city of Garibaldi or other agency having jurisdiction.
1. The following persons are considered a responsible person for open burning in violation of this chapter:
a. Each person who is in ownership, control or custody of the real property on which open burning occurs, including any tenant thereof;
b. Each person who is in ownership, control or custody of the material that is burned; or
c. Any person who causes or allows open burning to be initiated or maintained;
d. For purposes of this chapter, the city of Garibaldi in its official capacity that has issued the permit for burning is not considered a responsible person (OAR 340-264-0050(1)(d)).
2. A responsible person, or an expressly authorized agent, must constantly attend all open burning.
a. This person must be capable of and have the necessary equipment for extinguishing the fire, specifically a water source and shovel.
b. This person also must completely extinguish the fire before leaving it.
3. A responsible person must promptly extinguish any burning that is in violation of any rule, regulation and/or standard within this chapter, or special conditions as listed on the permit itself, unless the city has given written approval to such responsible person to use auxiliary combustion equipment or combustion promoting materials to minimize smoke production, and the responsible person complies with the requirements in the written approval.
4. To promote efficient burning and prevent excessive emissions of smoke, a responsible person must:
a. Assure that all combustible material is dried to the fullest extent practicable. This includes covering the combustible material when practicable to protect the material from moisture in any form, including precipitation or dew.
b. Loosely stack or windrow the combustible material to eliminate dirt, rocks and other noncombustible material and promote an adequate air supply to the burning pile, and provide the necessary tools and equipment to accomplish this.
c. Periodically re-stack or feed the burning pile, ensure that combustion is essentially completed and smoldering fires are prevented, and provide the necessary tools and equipment to accomplish this.
5. Open burning in compliance with this chapter does not exempt any person from any civil or criminal liability for consequences or damages resulting from such burning, nor does it exempt any person from complying with any other applicable law, ordinance, regulation, rule, permit, order or decree of this or any other governmental entity having jurisdiction.
6. If any commercial, construction or demolition debris burning allowed within this chapter and/or OAR 340-264-0100 through 340-264-0170 violates GMC 8.10.080(B) or OAR 340-264-0060(2), the open burning must be immediately extinguished. Any future burning of this material or similar material by the responsible person is prohibited unless the city issues another permit pursuant to the rules contained within this chapter.
B. As referenced in OAR 340-264-0100, the following apply:
1. Industrial open burning is prohibited, unless DEQ issues a letter permit that meets the requirements of OAR 340-264-0180 and otherwise meets the requirements and prohibitions of this chapter and the State Fire Marshal.
2. Agricultural open burning is allowed, subject to the requirements and prohibitions of this chapter and the State Fire Marshal.
3. Commercial open burning is allowed, subject to the requirements and prohibitions of this chapter and the State Fire Marshal.
4. Construction and demolition open burning is allowed, subject to the requirements and prohibitions of this chapter, the State Fire Marshal, OAR 340-264-0050, 340-264-0060 and 340-264-0070.
5. Domestic open burning is allowed, subject to the requirements and prohibitions of this chapter, the State Fire Marshal, OAR 340-264-0050, 340-264-0060 and 340-264-0070.
6. No permit will be issued for slash burning, which is administered by the Oregon Department of Forestry. [Ord. 305 Art. VI (6.1), 2008.]
8.10.080 General prohibitions.
This rule applies to all open burning, unless expressly limited by any other rule, regulation, permit, ordinance, order or decree of the city or other agency having jurisdiction:
A. The following persons are strictly liable for open burning in violation of this rule:
1. Each person who is in ownership or custody of the real property on which open burning occurs, including any tenant thereof;
2. Each person who is in ownership, control or custody of the material that is burned; or
3. Any person who causes or allows open burning to be initiated or maintained.
B. No person may cause or allow to be initiated or maintained any open burning that creates a nuisance or a hazard to public safety.
C. No person, except where specifically provided for otherwise in this chapter, may cause or allow to be initiated or maintained any open burning of, but not limited to, the following:
1. Wet garbage;
2. Plastic;
3. Asbestos;
4. Wire insulation;
5. Automobile parts;
6. Asphalt;
7. Petroleum products;
8. Petroleum treated materials;
9. Rubber products;
10. Animal remains;
11. Animal or vegetable matter resulting from the handling, preparation, cooking or service of food; or
12. Any other material that normally emits dense smoke or noxious odors.
D. No person may cause or allow to be initiated or maintained any open burning of any material in any part of the service area on any day or at any time if they are (or it is) aware that, or with due diligence could have been aware that, the Oregon Department of Environmental Quality has notified the State Fire Marshal that such open burning is prohibited because of meteorological or air quality conditions pursuant to OAR 340-264-0070.
E. The city of Garibaldi shall not issue open burning permits authorizing any open burning of any material at any location on any day or at any time if the city is aware that, or with due diligence could have been aware that, the Oregon Department of Environmental Quality has notified the State Fire Marshal that such open burning is prohibited because of meteorological or air quality conditions.
F. If an agency issues a permit in violation of this rule, the permit does not excuse any person from complying with this section.
G. No person may cause or allow to be initiated or maintained any open burning authorized by this chapter at any time other than during daylight hours as defined in GMC 8.10.030. This subsection shall not apply to those open burns listed in GMC 8.10.040 and 8.10.050.
H. No person may cause or allow to be initiated or maintained any open burning at any solid waste disposal site unless authorized by a solid waste permit issued pursuant to OAR 340-093-0050. A copy of said permit shall be filed and be on record of the city.
I. No person may cause or allow to be initiated or maintained any open burning of debris removed from the property of origin unless the person receives specific approval by the city, or otherwise complies with this chapter. Approval of the city is not required to burn agricultural waste removed from the property of origin, provided the waste remains under control of the same responsible person (OAR 340-264-0060). [Ord. 305 Art. VI (6.2), 2008.]
8.10.090 Order to cease open burning.
A. Pursuant to ORS 468A.570, 476.380, 477.520 and 478.960, all open burning will be suspended regardless of whether a valid permit was issued or not, or in those circumstances where a permit is not required, when the Department of Environmental Quality (DEQ) notifies the State Fire Marshal of environmental conditions including, but not limited to, those found in OAR 340-264-0070.
1. Upon notification by the State Fire Marshal, the city will post notifications of the open burning prohibition at City Hall, the Garibaldi Library and the Garibaldi Post Office stating that all open burning is suspended with no new open burning permits issued until the city is notified by the State Fire Marshal that the prohibition has been lifted by DEQ.
2. Nothing in this section precludes or requires the city’s use of other methods of notification beyond those listed in subsection (A)(1) of this section.
B. If any other governmental agency having jurisdiction calls for a cessation of open burning, the city will follow the procedures listed in subsections (A)(1) and (2) of this section.
C. Nothing in this section shall prevent the fire chief from calling for a cessation of all open burning if, in his/her capacity as chief, he/she deems that conditions warrant it. Notifications will follow subsections (A)(1) and (2) of this section. [Ord. 305 Art. VI (6.3), 2008.]
8.10.100 Conducting an open burn.
A. Open burning of rubbish containing paper products is strictly prohibited, unless an approved burning appliance is used and/or is otherwise provided for in this chapter.
B. Open burning shall only be performed when time and atmospheric conditions comply with the limits set forth in the open burning permit.
C. Open burning shall not be conducted within 50 feet of any structure or other combustible material. Conditions which could cause the fire to spread to within 50 feet of a structure shall be eliminated prior to ignition. Exceptions: Clearance from structures and other combustible material is allowed to be reduced as follows:
1. Not less than 15 feet when burning is conducted in an approved burning appliance; and
2. Not less than 25 feet when the pile size is three feet or less in diameter and two feet or less in height.
D. A garden hose connected to an operating water supply or other approved fire-extinguishing equipment shall be readily available for use at all open burning sites.
E. Burning material shall be constantly attended by a responsible person, knowledgeable in the use of the fire-extinguishing equipment required by subsection (D) of this section and familiar with the permit limitations which restrict open burning. An attendant shall supervise the burning material until the fire has been completely extinguished.
F. The chief is authorized to require that open burning be immediately discontinued if the chief determines that smoke emissions are offensive to occupants of surrounding property or if the open burning is determined by the chief to constitute a hazardous condition.
G. Outdoor fires shall not be built, ignited or maintained under the following conditions:
1. Burning at times other than during daylight hours;
2. When high winds are blowing;
3. When a person age 17 or over is not present at all times to watch and tend such fire; or
4. When a person is aware that or with due diligence could have been aware that public announcement has been made that open burning is prohibited.
H. Permanent barbecues, portable barbecues, outdoor fireplaces or grills shall not be used for the disposal of rubbish, trash or combustible waste material.
I. Burn barrels are required to have a screen while burning. Screens should be made of heavy mesh and not less than 14-gauge wire with holes no larger than one-quarter inch.
J. Burning of uncut grass, brush or any standing vegetation is prohibited. All grass, brush or vegetation must be piled prior to burning.
K. Burning shall be done on ground cleared of all growth.
L. No person shall dispose of any building or building wreckage by fire without having first secured permission from the chief. No person shall refuse to comply with any reasonable requirements of the chief as to the safeguarding of such fire from spreading. [Ord. 305 Art. VI (6.4), 2008.]
8.10.110 Protection responsibility.
Nothing within this chapter relieves a person starting a fire from responsibility for providing adequate protection to prevent injury or damage to the person or property of another. If such burning results in the escape of fire and injury or damage to the person or property of another, such escape and damage or injury constitutes prima facie evidence that the burning was not safe (ORS 478.960(3)). [Ord. 305 Art. VI (6.5), 2008.]
8.10.120 Violations.
A. No person shall violate any provision of this chapter, or any other provision of law by another agency having jurisdiction, or fail to remove hazards found on inspection within the time and/or conditions set by the inspecting official, after written notice to the owner and/or occupant of the premises.
B. No person shall burn waste materials or trash in an unguarded manner without a permit, when a permit is required by this chapter or by another agency having jurisdiction (ORS 478.930).
C. Violations will be subject to the penalties of GMC 8.10.130.
D. All violations will be reported to DEQ as may be required by state law. [Ord. 305 Art. VII (7.1), 2008.]
8.10.130 Penalties.
A. In accordance with ORS 478.990, a violation of this chapter may result in a misdemeanor or a Class D violation of state law.
1. In such cases, the chief shall summon a deputy sheriff to the scene of the alleged violation with the citation, if any, to be directly issued by the deputy sheriff if he/she believes that the alleged violation warrants a misdemeanor or Class D citation.
2. If a deputy sheriff is not available, the chief may issue a citation.
3. An alleged violator shall be tried within the courts of Tillamook County and/or state of Oregon.
B. However, it is the intent of the city of Garibaldi to provide for alternative progressive penalties in lieu of criminal citations in those cases when the chief determines that a violation has occurred and requires action, but is not of such serious degree to require criminal citation.
1. Accordingly, the chief may consider, but is not limited to, the following penalties:
a. Written warning;
b. Revocation of the right to have a permit for two weeks;
c. Revocation of the right to have a permit for one year; or
d. Revocation of the right to have a permit for five years.
2. Upon issuing of violation and/or penalty, violators may be given a six-month probationary period upon each violation. Violations of this chapter or of any other ordinance or rule of another agency having jurisdiction during the probationary period may result in, but not be limited to, subsection (B)(1)(b), (c) or (d) of this section.
3. An individual on probation or whose permit was otherwise revoked shall not be issued or otherwise be allowed to conduct an open burn as defined within this chapter for the time, terms and/or conditions set forth in the previous penalty. Violation of this subsection may result in, but not be limited to, the maximum alternative penalty and/or criminal citation(s). [Ord. 305 Art. VII (7.2), 2008.]
8.10.140 Call-out reimbursement for illegal burns.
A. In accordance with ORS 478.965:
1. If the firefighting apparatus or personnel, or either, of the city are required to respond and be used actively or on a standby basis in connection with the extinguishment or control of a fire that has been started or allowed to spread in violation of this chapter and/or ORS 478.960(1) through (5), the person responsible thereafter shall be liable to the city for the actual costs incurred by the city in controlling, extinguishing or patrolling the fire.
a. Such costs may be recovered in an action prosecuted in the name of the city.
b. The court may award reasonable attorneys’ fees to the city if the city prevails in an action under this section.
c. The court may award reasonable attorneys’ fees to a defendant who prevails in an action under this section if the court determines that the city had no objectively reasonable basis for asserting the claim or no reasonable basis for appealing an adverse decision of the trial court.
2. An itemized statement of the actual costs incurred by the city, certified under oath by the city administrator or his/her assign of the city, shall be accepted as prima facie evidence of such costs in the action authorized by this section.
a. In determining the itemized statement of actual costs, the city shall use the most up-to-date copy of the State Fire Service Mobilization Plan, Billing Schedules, Section III-c-1-b.
b. However, the minimum reimbursement sought shall be that listed in the city’s general schedule of charges and fees, and will be the amount determined by the city as its actual costs of initial call-out.
c. The actual amount of reimbursement shall be the greater of the minimum reimbursement or actual reimbursement amount as determined in subsection (A)(2)(a) of this section.
B. Normally, call-out reimbursement will not be assessed if a warning is issued. However, each such warning will be judged upon its own merits, conditions, circumstances and/or evidence of illegal behavior and/or activity.
C. Call-out reimbursement shall be assessed for all other call-outs for illegal open burns. [Ord. 305 Art. VII (7.3), 2008.]
8.10.150 Appeals – Generally.
A. Excepting violations that result in criminal citations, the common council of the city of Garibaldi shall be designated as the appeals board for all enforcement and/or other actions specified within this chapter. A quorum of council shall be sufficient to hear such appeals. Criminal citations shall be handled by the courts of Tillamook County and/or the state of Oregon.
B. Any person cited for a violation, with the exception of criminal citations, may make appeal with the city council of Garibaldi. [Ord. 305 Art. VIII (8.1), 2008.]
8.10.160 Application for appeal.
A. A person or persons who wish to make an appeal for a violation, action, issue or directive as contained within this chapter shall make application with the city administrator of the city of Garibaldi within seven days of the date of receipt of sanction and provide eight copies of a completed application.
B. A complete application for appeal shall include, at a minimum, the following:
1. The applicant’s name, physical and mailing address, and phone number;
2. The physical address, if different from above, where the alleged violation occurred;
3. A copy of the applicant’s open burning permit, if one was issued;
4. A copy of the citation, order, decree, letter or other similar instrument that details the action(s) of which applicant wishes to appeal;
5. The name, physical and mailing address and phone number(s) of any individuals who may have witnessed the alleged violation;
6. A narrative statement, dated and signed by the applicant, detailing the reason(s) why the citation, order, decree, letter and/or other similar instrument should be overturned, withdrawn or otherwise appealed;
7. Narrative statements, dated and signed, by any other individual who may have a direct bearing on the appeals hearing; and
8. Any other information as is deemed pertinent.
C. No application shall be deemed complete until a filing fee, as listed in the city of Garibaldi’s general schedule of charges and fees, is paid to the city of Garibaldi.
1. The filing fee shall be $50.00 and may be subsequently updated by council action.
2. The filing fee shall not be returned to a successful appellant.
D. The person aggrieved must exhaust their right to appeal before bringing any other action against the city or any of its employees or agents in any other forum, relative to the subject matter that is the basis of appeal. [Ord. 305 Art. VIII (8.2), 2008.]
8.10.170 Conduct of proceedings.
A. The appeal shall be conducted using such procedures as the council shall determine to be appropriate and/or necessary.
B. A decision of the Garibaldi city council as appeals board shall be final. [Ord. 305 Art. VIII (8.3), 2008.]