Loading...
2994 Annual Code Clean Up ORDINANCE 2994 AN ORDINANCE AMENDING MOSES LAKE MUNICIPAL CODE UPON ANNUAL REVIEW, MODIFICATION, AND REPEALING CONFLICTING OR OBSOLETE REGULATIONS Whereas, the City contracted with Code Publishing for codification services in 2018 to improve the accessibility for residents and staff to search regulations efficiently; and Whereas, during this process staff has discovered inconsistencies and outdated regulations and is present an update for Council approval; and Whereas, MLMC 2.08.020(A) is corrected as per Council’s motion on November 9, 2021 to reinstate minimum prerequisites for Mayor and Deputy Mayor appointments from Resolutions 2588 and 3597 adopted in 2016 as well as eliminate the duplicate reference for filling a vacancy in MLMC 2.08.190; and Whereas, MLMC 2.60.010, .015, and .020 are amended to improve the definition of meeting stipends for City Council Members that are not retired and have to pay for coverage when they are absent from their full-time jobs; and Whereas, MLMC 2.88 is repealed since criminal or quasi-criminal proceeding are an obsolete activity for Municipal Court; and Whereas, MLMC 6.07.010 amends reference to obsolete zoning Code that was repealed in 2019 Ordinance 2929 to correct section in Title 6; and Whereas, MLMC 12.14.080 amends language to reference the current fee schedules for an application fee for a sidewalk use license. Whereas, MLMC 13.03.050 amends language to remove the refund dollar amount for a stormwater appeal. THE CITY COUNCIL OF THE CITY OF MOSES LAKE, WASHINGTON DO ORDAIN AS FOLLOWS: Section 1. Subsection 2.08.020 titled ‘Council Representation:’ is corrected as follows: A. Council will accept nominations and elect the positions of Mayor and Deputy Mayor at the first meeting of even numbered years, or upon resignation of said positions. Each member of the City Council shall be permitted to nominate one person who has previously served for a minimum of two years on the Council and nominations shall not require a second. A nominee who wished to decline the nomination shall so state at this time. Nominations are then closed. Where one (1) position becomes vacant, the remaining members of the governing body shall appoint another Council member to the vacant position. (RCW 42.12.070.) Document Ref: HBD2Z-ZQLG9-HW8QY-ATDAA Page 1 of 4 Section 2. Subsection 2.60.010 titled ‘Mayor:’ is amended as follows: The Mayor shall receive a stipend in the amount of one thousand dollars ($1,000) per month. The aforementioned stipend is provided in lieu of any stipend provided a City Council Member. In addition, the Mayor shall receive thirty dollars ($30) for each City obligation scheduled meeting attended up to a maximum of ten (10) eventsmeetings per month. Section 3. Subsection 2.60.015 titled ‘Deputy Mayor:’ is amended as follows: The Deputy Mayor shall receive a stipend in the amount of six hundred dollars ($600) per month. The aforementioned stipend is provided in lieu of any stipend provided a City Council Member. In addition, the Deputy Mayor shall receive thirty dollars ($30) for each City obligation scheduled meeting attended up to a maximum of ten (10) eventsmeetings per month. Section 4. Subsection 2.60.010 titled ‘Council Member:’ is amended as follows: Each City Council Member, except the Mayor and Deputy Mayor, shall receive a stipend of five hundred dollars ($500) per month. In addition, each City Council Member shall receive thirty dollars ($30) for each City obligation scheduled meeting attended up to a maximum of ten (10) eventsmeetings per month. Section 5. Section 2.88 titled ‘Municipal Court’ is hereby repealed as follows: 2.88.010 Assessment of Court Costs: Whenever, in any criminal or quasi-criminal proceeding to enforce any city ordinance, the judge finds the defendant, or defendants, guilty after trial or plea of guilty, the judge, in addition to any penalty imposed for the ordinance violation, shall assess the following costs as a part of the sentence imposed: For filing the cause$100 For service of subpoenas, each$50 For service of arrest warrants, each$100 In addition to those costs for subpoenas and arrest warrants, the city shall be entitled to recover forty-eight cents ($.48) per mile for each mile the officers must travel in the course of serving said warrant or subpoena. 2.88.020 Disposition: The cost assessed under Section 2.88.010, when collected by the judge, shall be delivered to the Finance Director, to be paid into the city’s current expense fund. These costs shall not be suspended by the judge, except when the defendant is indigent. Document Ref: HBD2Z-ZQLG9-HW8QY-ATDAA Page 2 of 4 Section 6. Subsection 6.07.010 titled ‘Chicken Management’ is amended as follows: A. No more than four (4) hens, including chickens and pullets, may be kept per single-family residential lot pursuant to subsection (N) of this section. In no event shall the four (4) allowed hens, including chickens or chicks, count toward the accumulative total of household pets pursuant to MLMC 18.10.140 6.04.040. Section 7. Section 12.14.080 titled <Sidewalk Use> ‘License Fees’ is amended as follows: A non-refundable application and processing fee as established by the approved fee schedule shall be collected at time of application. of seventy-five dollars ($75) shall be charged for each license application received to place a structure on a sidewalk. No applicant and processing fee shall be required for the placement of other items on the sidewalk. A use fee shall be imposed that shall be calculated on the basis of the square foot value of the license area multiplied by the length of the license. The amount of the use fee shall be reviewed established from time to time and updated on bythe fee schedule resolution. The use fee shall be collected at the time the license is issued. Section 8. Section 13.03.050 titled ‘Appeal of Impervious Ground Cover Determination:’ is amended as follows: If a non-residential property owner believes the amount of impervious ground cover applied to its property is incorrect, the property owner may appeal this determination to the Municipal Services Director. Appeals shall be in writing, shall specify the grounds of the appeal, and shall include a review fee in accordance with the approved fee schedule must be accompanied by a filing fee in the amount established by the City’s fee resolution, which is refundable if the appellant prevails on the appeal. The amount of impervious ground cover applied to the property may increase, decrease, or remain unchanged when the review is completed by the Municipal Services Director. In the event the appeal is successful, the fifty dollar ($50) fee shall be refunded. Section 9. Severability. If any section of this ordinance is found to be unconstitutional or invalid as written or as applied to any particular person or circumstances, no other section of the ordinance shall be deemed to be invalid, but rather, should be deemed to have been enacted independently and without regard to the section affected. Section 10. Effective Date. This ordinance shall take effect and be in force five (5) days after its passage and publication of its summary as provided by law. Adopted by the City Council of the City of Moses Lake, WA and signed by its Mayor on November 23, 2021. _____________________________________ David Curnel, Mayor Document Ref: HBD2Z-ZQLG9-HW8QY-ATDAA Page 3 of 4 ATTEST: ________________________________ Debbie Burke, City Clerk APPROVED AS TO FORM: __________________________________ Katherine L. Kenison, City Attorney Vacant Liebrecht Myers Jackson Curnel Eck Hankins Vote: Date Published: November 29, 2021 Date Effective: December 4, 2021 Aye Aye Aye Aye Aye Aye Document Ref: HBD2Z-ZQLG9-HW8QY-ATDAA Page 4 of 4 Signature Certificate Document Ref.: HBD2Z-ZQLG9-HW8QY-ATDAA Document signed by: Katherine Kenison E-mail: kkenison@basinlaw.com Signed via link IP: 173.209.171.7 Date: 29 Nov 2021 19:14:33 UTC Debbie Burke E-mail: dburke@cityofml.com Signed via link IP: 65.129.140.8 Date: 29 Nov 2021 19:50:52 UTC Mayor David Curnel E-mail:dcurnel@cityofml.com Signed via link IP: 63.142.221.35 Date: 30 Nov 2021 20:27:24 UTC Document completed by all parties on: 30 Nov 2021 20:27:24 UTC Page 1 of 1 Signed with PandaDoc.com PandaDoc is a document workflow and certified eSignature solution trusted by 25,000+ companies worldwide.