Chapter 2.05
ADMINISTRATIVE RULES
Sections:
2.05.030 Authority to promulgate rules.
2.05.040 Procedure for adoption of rules.
2.05.050 Procedure for approval of rules – Effective date.
2.05.060 Rules to be filed with clerk – Public copies to be available.
2.05.080 Chapter supersedes inconsistent ordinances or code provisions.
2.05.010 Purpose.
The purpose of this chapter is to provide a uniform procedure for the adoption, filing and making publicly available all administrative rules. (Ord. 1057 § 1, 2010).
2.05.020 Definitions.
The following words shall have the meaning set forth:
A. “Administrative rules” or “rules” means any written regulations, policies, procedures or standards of future effect, including amendment or repeal of a prior administrative rule, which must be complied with in order to obtain a city permit or approval, or which if violated subjects a person to a penalty or sanction. The term does not include statements concerning only the internal management of the city or a department and not affecting the rights of persons not employed by the city.
B. “Clerk” means the city clerk.
C. “Department” means any department of the city of Snoqualmie now existing or hereafter created.
D. “Director” means the administrative head of a department. (Ord. 1057 § 1, 2010).
2.05.030 Authority to promulgate rules.
A director may promulgate administrative rules only when a section of this code explicitly confers such authority. (Ord. 1057 § 1, 2010).
2.05.040 Procedure for adoption of rules.
A. Prior to the adoption, amendment, superseding or repeal of any administrative rules, the director promulgating such rules shall provide public notice and an opportunity for public comment. Notice of the proposed action shall be published once in the official newspaper, and shall be posted on the city’s website and at City Hall.
B. The notice required by subsection A of this section shall include a reference to the authority under which the administrative rules are promulgated, a summary description of the proposed rules, a statement that the text of the proposed rules is available from the director and on the city’s website, a statement that the city will receive written public comments on the proposed rules for 21 days after the date of publication, and the name, address and email address of the director to whom comments should be directed.
C. After the public comment period has closed, the director shall sign and date the cover page of the proposed rules and forward them to the clerk. (Ord. 1057 § 1, 2010).
2.05.050 Procedure for approval of rules – Effective date.
A. Within 10 days of receipt of the proposed rules together with all public comments received by the clerk, the clerk shall transmit copies of the proposed rules and public comments to city council.
B. The proposed rules shall become effective 30 days after the clerk transmits them to city council if no agenda bill has been brought before city council in an open public meeting to override the rules. The rules shall not become effective while city council is considering whether to override them; provided, the rules shall become effective if city council has taken no action to override them within 60 days after the agenda bill is introduced.
C. The clerk shall endorse on the cover page of the rules the date of expiration of the period for city council to override the rules. The rules shall take effect upon the later of the expiration of the time provided for city council to override the rules and posting the rules on the city website. (Ord. 1057 § 1, 2010).
2.05.060 Rules to be filed with clerk – Public copies to be available.
A. The original of the administrative rules received by the clerk shall be filed by the clerk for permanent record, which shall be the official record. Copies shall be inserted into binders, with adopted rules organized chronologically by department. The binder shall be entitled “Administrative Rules of the City of Snoqualmie” (“Administrative Rules”).
B. At least one complete and current copy of the Administrative Rules shall be available in each department and a public inspection copy shall be maintained at City Hall.
C. When any rule is amended, repealed or superseded, the clerk shall so note on the permanent file copy of the original rule but shall maintain it on file, and update the public inspection and departmental copies of the Administrative Rules.
D. The public inspection copy of the Administrative Rules may be inspected by any person at any time during regular city business hours, and all or any portion thereof may be copied at the authorized rate for copying of public records. (Ord. 1057 § 1, 2010).
2.05.070 Emergency action.
When a director finds that immediate adopting, amendment or repeal of a rule is necessary for the immediate preservation of the public peace, health or safety, such action may be taken and become effective upon filing such adoption, amendment or repeal with the clerk. (Ord. 1057 § 1, 2010).
2.05.080 Chapter supersedes inconsistent ordinances or code provisions.
This chapter supersedes any inconsistent provisions of any prior ordinance or code provision as to the procedure for adoption or approval of any administrative rule. (Ord. 1057 § 1, 2010).