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2564ORDINANCE NO.2564 AN ORDINANCE AMENDING CHAPTER 16.02 OFTHE MOSES LAKE MUNICIPAL CODE ENTITLED "BUILDING PERMITS" THE CITY COUNCIL OF THE CITY OF MOSES LAKE,WASHINGTON ORDAINS AS FOLLOWS: Section 1.Chapter 16.02 of the Moses Lake Municipal Code entitled "Building Permit" is amended as follows: 16.02.110 Platting Deemed Insufficient -When: A.Property located within the citywhich is presently platted and which property was platted without the extension or provision ofcitywater,citysewer,storm sewer,curb,sidewalk,streets or other improvements through some or all of the lots of the plat shall be deemed to be unplatted for purposes ofthe issuance ofany development permitor building permit. Anylot so affected shall be permitted to develop and a building permit will be issued upon the installation of city water, city sewer,storm drains, curbs,sidewalks,streets,and other improvements to community standards,includingfireprotection devices,or upon the posting of security in an amount approved by the city, which is equal to the estimated cost of the extensions and/or improvements remaining tobe installed through the lot,ina form acceptable to the CityAttorney to insure the construction of the required improvements and extensions at the same time as construction of the building forwhich the building permit was issued or at the time of the improvement of the affected lot. B. Anyproperty owner can make application to the CityCouncil fora waiver,deferral,or deviation from or of the requirement to install improvements.A waiver,deferral,or deviation from or of the requirement to install improvements shall not be granted unless the City Council finds that '—'because of the nature of the property, its topography,the conditions or nature of the adjoining areas or the existence of unusual physical conditions,the requirement to install improvements would cause an unusual and unnecessary hardship on the property owner.In granting a waiver,deferral or deviation from or of the requirements to install improvements,the City Council may require such conditions as willsecure the objectives of the requirement waived, deferred,or deviated from or of. Any waiver,deferral,or deviation authorized shall be entered in the minutes of the Moses Lake City Council together with the circumstances that justify the waiver,deferral,or deviation granted. Section 2.The City Council declares that an emergency exists and this ordinance is deemed a public emergency ordinance necessary for the protection of public health,public safety,public property,or public peace and shall take effect immediately as provided by law upon one reading ifa majority plus one of the whole membership of the City Council vote in favor of passage. Adopted by the City Council and signed by its Mayor on June 22,2010. Jofi Lane,Mayor ATTEST:^^ Ronald R.Cone,Finance Director APPROVED AS TO FORM: fames A.Whitaker,City Attorney