Chapter 17.20
ADMINISTRATION
Sections:
17.20.020 Building and enforcement official--Duties and powers.
17.20.030 Fire department--Duties and powers.
17.20.040 Administrative official--Duties and powers.
17.20.050 Planning commission--Duties and powers.
17.20.070 No personal liability for acts or omissions.
17.20.080 Entrance onto private property.
17.20.090 Statement of zoning district by city officials--Reliance limited.
17.20.100 Computation of time.
17.20.010 Purpose.
The purpose of this chapter is to define the responsibilities and requirements for the administration, enforcement, and interpretation of this title. (Ord. 956(part), 1993)
17.20.020 Building and enforcement official--Duties and powers.
A. Office Established. The building and enforcement official (building official) shall be that person designated by the legislative body to enforce the provisions of the building code and administer the assigned provisions of this title, or his designee.
B. Authority and Duties. The building and enforcement official shall have the following powers and responsibilities:
1. Receive, examine, and process applications for Class (1) uses.
2. Issue development permits for Class (1) uses in compliance with the provisions of this title. Development permits for uses requiring review and approval by the planning commission or city council shall be issued only after receipt of a certificate of zoning review from the reviewing official.
3. Conduct inspections to determine compliance or noncompliance with the terms of this title.
4. Revoke, in writing, a permit or approval issued contrary to this title or based on a false statement or misrepresentation in the application.
5. Stop, by written order, work being done contrary to the development permit or to this title. Such written order, posted on the premises involved, shall not be removed except by order of the building official. Removal without such order shall constitute a violation of this title.
6. Institute or cause to be instituted any appropriate action or proceedings to prevent the unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance, use or occupancy of a structure or land, and/or restrain, correct, or abate such violation.
7. Perform any other act or duty authorized or assigned to him under provisions of this title.
All decisions of the building and enforcement official shall be final unless appealed to the planning commission under Chapter 17.16. (Ord. 956(part), 1993)
17.20.030 Fire department--Duties and powers.
The fire department shall have the following powers and responsibilities:
A. Issue certificates of zoning review under the provisions of this title.
B. Receive, record and file all applications for permits, approvals or other action, including Class (2) and (3) review, and applications for appeals, interpretations, variances and rezones.
C. Review and decide modifications to approved Class (2) and (3) uses and existing Class (1), (2) and (3) uses under the provisions of Chapter 17.17.
D. Provide staff support to the regional planning commission on all long-range planning matters and proposed ordinance amendments.
E. Immediately change the official zoning map to accurately reflect any amendments made by official action of the legislative body.
F. Provide staff support to the planning commission and legislative body.
G. Perform any other act or duty authorized or assigned to it under the provisions of this title.
H. Maintain the official index of all permits and approvals under this title. (Ord. 956(part), 1993)
17.20.040 Administrative official--Duties and powers.
A. Office Established. Shall be the fire chief.
B. Authority and Duties. The administrative official shall have the following powers and responsibilities:
1. Receive, review and adjudicate all site plans requiring Class (2) review.
2. Receive, review and decide applications for temporary hardship unit permits, basic design standard adjustments and any other application for permit or approval assigned to him under provisions of this title.
3. Perform any other function or duty authorized or assigned to him under the provisions of this title.
Decisions of the administrative official may be appealed to the planning commission under Chapter 17.16. (Ord. 956(part), 1993)
17.20.050 Planning commission--Duties and powers.
A. Office. The office of planning commission herein referred to as planning commission is hereby recognized. The planning commission shall perform the duties and functions established by this or any other title.
B. Authority and Duties. The planning commission shall receive and examine available information, conduct public hearings and keep a record thereof, and enter decisions as provided for herein.
1. As the long-range planning body for the Wapato urban area, the planning commission shall monitor the growth and development of the Wapato urban area and continually re-evaluate and recommend revisions to the Wapato urban area comprehensive plan and this title.
2. Investigate and make recommendations on other land use matters either requested by the elected officials or upon its own initiative.
3. Study and report on all proposed text amendments to this title.
4. Review and report to the council at least once every five years; said report shall:
a. Analyze the extent to which development has actually occurred in the Wapato urban area and evaluate this title in terms of its ability to guide growth in conformance with the Wapato urban area comprehensive plan.
b. Recommend any changes in the zoning map which may be required in order to accommodate expected residential, commercial and industrial development in the Wapato urban area over the next twenty years.
c. Analyze the need for any other regulations imposed by this title in terms of changed conditions since the last review.
5. Advise the legislative body on land use matters.
6. Monitor the hearings of the city council in order to stay informed on development activities, the concerns of the public, and the decisions of the city council.
7. Perform any other function authorized by law.
C. Effect of Decisions.
1. The decision of the planning commission on the following matters shall be final unless such decision is appealed to the legislative body pursuant to Section 17.16.040:
a. Class (3) review decisions;
b. Variance requests;
c. Home occupations;
d. Revocation proceedings under Chapter 17.24;
e. Nonconforming uses;
f. Appeals of decisions by the building official or administrative official; and
g. Any other authorized decision.
2. The decision of the planning commission on rezone applications shall constitute a recommendation to the legislative body. (Ord. 956(part), 1993)
17.20.060 Legislative body.
The legislative body shall have the following authority and duties:
A. Decide appeals from the planning commission as specified in Chapter 17.16.
B. Amend this title through the procedures outlined in Chapter 17.23.
C. Amend the Wapato urban area comprehensive plan.
D. Perform any other act or duty authorized by law. (Ord. 956(part), 1993)
17.20.070 No personal liability for acts or omissions.
Each person responsible for the enforcement or administration of this title and each official responsible for making any decision or recommendation under this title is relieved from any personal liability whatsoever from any injury to persons or property as a result of his or her acts or omissions in good faith discharge of his or her responsibilities. If the person or member is sued for acts or omissions occurring in good faith discharge of his or her responsibilities, the city shall defend and provide legal representation of the person or member until final disposition of the proceedings. The county/city shall reimburse the person or official for any costs incurred in defending against alleged liability for the acts or omissions of the person or member in the good faith discharge of his or her duties. (Ord. 956(part), 1993)
17.20.080 Entrance onto private property.
The planning department and any reviewing official, or their authorized representatives, shall have the right of entry onto any premises under consideration for approval or renewal of any permit, certificate, or other approval authorized or required under the provisions of this title for the purpose of inspecting and reviewing the premises in question. This right of entry extends to any employee, officer, or other person in the company of such authorized persons. (Ord. 956(part), 1993)
17.20.090 Statement of zoning district by city officials--Reliance limited.
Any person wishing to know and inquire of the city as to the official zoning district classification allowed by this title for a specific parcel of property may submit a written request for such information to the fire department on forms prescribed by that department. Such written request shall specify or otherwise identify with particularity the parcel involved. The fire department shall respond to such requests and designate, if possible, the official zoning classification of such property. No person contemplating the sale or purchase of any property, nor any person planning for or constructing improvements thereto, shall be entitled to rely on any oral or written representation of zoning district classification by any city employee or official except when an official statement of zoning classification is issued in writing under the provisions of this section. (Ord. 956(part), 1993)
17.20.100 Computation of time.
In computing any period of time prescribed or allowed by this title, the day of the act, event, or default from which the designated period of time begins to run shall not be included. The last day of the period so computed shall be included unless it is a Saturday, a Sunday, or a legal holiday, in which event the period runs until the end of the next day which is neither a Saturday, a Sunday, nor a legal holiday. When the period of time prescribed or allowed is less than seven days, intermediate Saturdays, Sundays, and legal holidays shall be excluded in the computation. (Ord. 956(part), 1993)