Chapter 15.20
ADMINISTRATION
Sections:
15.20.020 Administrative official—Duties and powers.
15.20.030 Planning division—Duties and powers.
15.20.040 Hearing examiner—Duties and powers.
15.20.050 City of Yakima planning commission.
15.20.070 No personal liability for acts or omissions.
15.20.080 Coordination with other jurisdictions.
15.20.090 Entrance onto private property.
15.20.100 Statement of zoning district by city officials/reliance limited.
15.20.110 Computation of time.
15.20.010 Purpose.
The purpose of this chapter is to define the responsibilities and requirements for the administration, enforcement, and interpretation of this title. (Ord. 2016-029 § 1 (Exh. A) (part), 2016: Ord. 2008-46 § 1 (part), 2008: Ord. 2947 § 1 (part), 1986).
15.20.020 Administrative official—Duties and powers.
A. Office Established. The administrative official or his or her designee 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.
B. Authority and Duties. The administrative 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;
3. Receive, review, and adjudicate all site plans requiring Type (2) review;
4. 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 the provisions of this title;
5. Perform any other function or duty authorized or assigned to him under this title;
6. Conduct inspections to determine compliance or noncompliance with the terms of this title;
7. Revoke, in writing, a permit or approval issued contrary to this title or based on a false statement or misrepresentation in the application;
8. 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;
9. Institute or cause to be instituted any appropriate action or proceedings to prevent the unlawful conversion, construction, reconstruction, alteration, occupancy, maintenance, use, repair, or erection of a structure or land; and/or restrain, correct, or abate such violation; and
10. Perform any other act or duty authorized or assigned to him under the provisions of this title.
All decisions of the administrative official shall be final unless appealed to the hearing examiner under YMC Chapter 15.16. (Ord. 2016-029 § 1 (Exh. A) (part), 2016: Ord. 2008-46 § 1 (part), 2008: Ord. 2947 § 1 (part), 1986).
15.20.030 Planning division—Duties and powers.
A. The planning division shall have the following powers and responsibilities:
1. Issue land use decisions under the provisions of this title;
2. Receive, record and file all applications for permits, approvals or other action, including Type (2) and (3) review, and applications for appeals, interpretations, variances and rezones;
3. Review and decide modifications to approved Class (2) and (3) uses and existing Class (1), (2) and (3) uses under the provisions of Chapter 15.17 YMC;
4. Provide staff support to the city of Yakima planning commission on all long-range planning matters, proposed ordinance amendments, and rezone applications;
5. Immediately change the official zoning map to accurately reflect any amendments made by official action of the legislative body;
6. Provide staff support to the hearing examiner, city of Yakima planning commission, and legislative body;
7. Perform any other act or duty authorized or assigned to it under the provisions of this title;
8. Maintain the official record of all permits and approvals under this title. (Ord. 2016-029 § 1 (Exh. A) (part), 2016: Ord. 2011-12 § 8, 2011: Ord. 2010-22 § 4, 2010: Ord. 2008-46 § 1 (part), 2008: Ord. 2947 § 1 (part), 1986).
15.20.040 Hearing examiner—Duties and powers.
A. Office. The office of the hearing examiner, herein referred to as hearing examiner, is hereby recognized. The hearing examiner shall perform the duties and functions established by this or any other title. Unless the context requires otherwise, the term “hearing examiner” as used herein shall include deputy examiners and examiners pro tem.
B. Authorities and Duties. The examiner shall receive and examine available information, conduct public hearings and keep a record thereof, and enter decisions as provided for herein.
C. Effect of Decisions.
1. The decision of the hearing examiner on the following matters shall be final unless such decision is appealed to the legislative body pursuant to YMC 15.16.060:
a. Type (3) review decisions;
b. Variance requests;
c. Home occupations;
d. Revocation proceedings under YMC Chapter 15.24;
e. Nonconforming uses;
f. Appeals of decision by the building official or administrative official; and
g. Any other authorized decision not expressly listed in subsection (C)(2) of this section.
2. The decision of the hearing examiner on rezone applications shall constitute a recommendation to the legislative body; provided, that rezone applications initiated by the city to implement a newly adopted or amended comprehensive plan, or which are of broad general applicability, shall be heard by the city of Yakima planning commission. (Ord. 2016-029 § 1 (Exh. A) (part), 2016: Ord. 2011-12 § 9, 2011: Ord. 2010-22 § 5, 2010: Ord. 2008-46 § 1 (part), 2008: Ord. 2947 § 1 (part), 1986. Formerly 15.20.050).
15.20.050 City of Yakima planning commission.
A. Establishment and Jurisdiction. The city planning commission is organized under RCW Chapter 35.63 and serves as a citizen advisory group to the legislative body on long-range planning matters.
B. Authority and Duties.
1. As the long-range planning body for the city of Yakima, the city planning commission shall monitor the growth and development of the city of Yakima and continually reevaluate and recommend revisions to the city of Yakima 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 city council at least once a year. This report shall:
a. Analyze the extent to which development has actually occurred in the city of Yakima and evaluate this title in terms of its ability to guide growth in conformance with the city of Yakima 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 Yakima 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 hearing examiner in order to stay informed on development activities, the concerns of the public, and the decisions of the hearing examiner; and
7. Perform any other function authorized by law. (Ord. 2016-029 § 1 (Exh. A) (part), 2016: Ord. 2011-12 § 10, 2011: Ord. 2010-22 § 6, 2010: Ord. 2008-46 § 1 (part), 2008: Ord. 2947 § 1 (part), 1986. Formerly 15.20.060).
15.20.060 Legislative body.
The legislative body shall have the following authority and duties:
1. Decide appeals from the hearing examiner as specified in YMC Chapter 15.16;
2. Amend this title through the procedures outlined in YMC Chapter 15.23;
3. Amend the Yakima urban area comprehensive plan; and
4. Perform any other act or duty authorized by law. (Ord. 2016-029 § 1 (Exh. A) (part), 2016: Ord. 2008-46 § 1 (part), 2008: Ord. 2947 § 1 (part), 1986. Formerly 15.20.070).
15.20.070 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 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 members in the good faith discharge of his or her duties. (Ord. 2016-029 § 1 (Exh. A) (part), 2016: Ord. 2008-46 § 1 (part), 2008: Ord. 2947 § 1 (part), 1986. Formerly 15.20.080).
15.20.080 Coordination with other jurisdictions.
A. Purpose. While this title is enacted and administered solely by the city of Yakima, the purpose of this section is to encourage and authorize officials performing duties and responsibilities under this title to solicit and consider comments from other governmental entities who may have a vested interest in the decision process for land use applications under this title.
B. Coordinated Administration. Any official performing duties or responsibilities under the provisions of this title may solicit, receive, and consider comments by another governmental entity on any interpretive, administrative, enforcement, permit or approval, or other decision under the terms of this title. (Ord. 2016-029 § 1 (Exh. A) (part), 2016: Ord. 2008-46 § 1 (part), 2008: Ord. 2947 § 1 (part), 1986. Formerly 15.20.090).
15.20.090 Entrance onto private property.
The department and any administrative 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. (Ord. 2016-029 § 1 (Exh. A) (part), 2016: Ord. 2008-46 § 1 (part), 2008: Ord. 2947 § 1 (part), 1986. Formerly 15.20.100).
15.20.100 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 appropriate department on forms prescribed by that department. Such written request shall specify or otherwise identify with particularity the parcel involved. The division 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. 2016-029 § 1 (Exh. A) (part), 2016: Ord. 2008-46 § 1 (part), 2008: Ord. 2947 § 1 (part), 1986. Formerly 15.20.110).
15.20.110 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 from the computation. (Ord. 2016-029 § 1 (Exh. A) (part), 2016: Ord. 2008-46 § 1 (part), 2008: Ord. 2947 § 1 (part), 1986. Formerly 15.20.120).