HomeMy WebLinkAboutORD 5551Amends ORD: 3478,
5156
CITY OF RENTON, WASHINGTON
ORDINANCE NO. 5551
AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING
SECTIONS 8-7-5, PENALTIES FOR VIOLATION, AND 8-7-8, VARIANCES AND
APPEAL, OF CHAPTER 7, NOISE LEVEL REGULATIONS, OF TITLE VIII (HEALTH
AND SANITATION) OF ORDINANCE NO. 4260 ENTITLED "CODE OF GENERAL
ORDINANCES OF THE CITY OF RENTON, WASHINGTON", TO DECRIMINALIZE
AND MAKE VIOLATIONS OF NOISE LEVEL REGULATIONS CIVIL INFRACTIONS,
AND AMEND THE PROVISIONS RELATING TO VARIANCES AND APPEALS.
THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS
FOLLOWS:
SECTION I. Section 8-7-5, Penalties for Violation, of Chapter 7, Noise Level
Regulations, of Title VIII (Health and Sanitation) of Ordinance No. 4260 entitled "Code of
General Ordinances of the City of Renton, Washington", is hereby amended as follows:
8-7-5 PENALTIES FOR VIOLATION:
Except as otherwise provided, any person violating any portion violation of
this Chapter shall be guilty of a misdemeanor civil violation subject to RMC 1-3-2.
and may be punished by imprisonment for not more than six (6) months in jail,
by a fine of not more than five hundred dollars ($500.00), or by both such fine
and imprisonment. Any person violating RMC 8 7 3H of this Chapter shall be
guilty of a civil violation and may be punished by a fine of not more than seventy
five dollars ($75.00). Each day that a violation continues shall bo considered a
separate offense. The penalties set forth herein shall not be deemed exclusive,
the City may obtain an injunction against such violation from the Superior Court
of King County. Any ordinance of the City inconsistent with any portions of this
ORDINANCE NO. 5551
Chapter is repealed except that any ordinance defining noise as a nuisance shall
remain in full force and effect.
SECTION II. Section 8-7-8, Variances and Appeal, of Chapter 7, Noise Level
Regulations, of Title VIII (Health and Sanitation) of Ordinance No. 4260 entitled "Code of
General Ordinances of the City of Renton, Washington", is hereby amended as follows:
8-7-8 VARIANCES AND APPEAL:
A. Jurisdiction: The Planning/Building/Public—Works Community and
Economic Development Administrator or his/her designee shall hear and decide
requests for variances from the requirements of this Chapter.
B. Application: Parties seeking a variance from this Chapter, or a duly
authorized representative of the parties seeking the variance, shall file an
application for the variance, which application shall set forth fully the grounds
therefor and the facts the applicant deems material to justify the granting of
such a variance. The applicant for a noise variance must be the owner or
jurisdiction in charge of the project. In no cases shall the applicant for the noise
variance be the contractor for the construction project.
C. Public Notice And Hearing: A public hearing shall be required for all noise
variances which are greater than two (2) days in duration. For those variance
requests of two (2) days or less in duration, the variance decision shall be made
by the Administrator or his/her designee following the public notice process. If
required, T-the hearing for a noise variance shall be a public hearing, the date of
which shall be not more than forty five (45) days from the date of filing and
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acceptance of the application for the variance. Notice of the time and place of
public hearing shall be given and at least one publication in the City's legal
newspaper, which publication shall be not less than ten (10) days prior to the
date of said public hearing. In addition, three (3) written notices of such public
hearing shall be posted at least ten (10) days prior to such hearing within, on or
about the location which will generate such noise. Additionally, written notice of
the hearing shall be given to any resident or property owner that will experience
an increase in noise, or potentially have an increase in noise, such that this
variance will increase the quantity of noise received by that property owner or
resident. The burden of providing this written notice shall be upon the applicant.
The Planning/Building/Public Works Community and Economic Development
Administrator or his/her designee shall not consider any variance for which
written notices have not been given, or grant any variance that would cause an
increase in noise levels beyond that permitted in this Chapter unless the affected
property owner or resident has been notified.
D. Factors For Granting Variance: The Planning/Building/Public Works
Community and Economic Development Administrator or his/her designee, in
passing upon an application for a variance, shall consider all technical
evaluations, all relevant factors and standards specified in other sections of this
Chapter, and in addition thereto shall consider the following, none of which is
mandatory for the granting of the variance:
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1. That the applicant will suffer an undue hardship and the variance is
necessary because of special circumstances applicable to the applicant's
property or project, and that the strict application of this Chapter will deprive
the subject property owner or applicant of rights and privileges enjoyed by
others.
2. That the granting of the variance will not be materially detrimental
to the public health, welfare or safety, or unduly injurious to the property or
improvements in the vicinity of the location for which this variance is sought.
3. That the variance sought is the minimum variance which will
accomplish the desired purpose.
4. That the variance contains such conditions deemed to be necessary
to limit the impact of the variance on the residence or property owners impacted
by the variance. The variance approval may be subject to conditions including,
but not limited to the following:
a. Implementation of a noise monitoring program:
b. Maximum noise levels:
c. Limitation on types of equipment and use of particular
equipment;
d. Limitation on back-up beepers for equipment:
e. Required use of noise shields or barriers:
f. Restrictions to specific times and days;
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g. Specific requirements for documentation of compliance with the
noise variance conditions;
h. Specific requirements for notification to nearby residents;
i. Required cash security to pay for inspection services to verify
compliance;
j. Required access to the project by the City to verify compliance
with the noise variance conditions;
k. Specific program to allow for temporary hotel vouchers to
effected residents;
I. Requirements for written verification that all workers understand
the noise variance conditions for the project; and
m. Provision allowing the City to immediately revoke the variance
approval is the variance conditions are violated.
5. The importance of the services provided by the facility creating the
noise and the other impacts caused to the public safety, health and welfare
balanced against the harm to be suffered by residents or property owners
receiving the increased noise permitted under this variance.
6. The availability of practicable alternative locations or methods for
the proposed use which will generate the noise.
7. The extent by which the prescribed noise limitations will be
exceeded by the variance and the extent and duration of the variance.
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E. Findings and Conclusions of Planning/Building/Public Works Community
and Economic Development Administrator: The Planning/Building/Public Works
Community and Economic Development Administrator or his/her designee shall
reduce his or her decision to written findings, conclusions and a decision. The
written findings, conclusions and decision shall include a section noting the right
of appeal from the decision to the City Council.
F. Appeals: Any party participating in the public hearing feeling aggrieved by
the decision of the Planning/Building/Public Works Community and Economic
Development Administrator or his/her designee may appeal the decision of the
Administrator to the Hearing Examiner within fourteen (14) days of the decision.
The appeal document shall note the errors in findings or conclusions which the
appellant believes are material to the appeal. The Hearing Examiner shall
consider the appeal and shall affirm the decision of the Administrator unless the
Hearing Examiner finds that there are material errors in the findings or
conclusions, or that the decision is not supportable by the findings and
conclusions. If the Hearing Examiner finds such errors it shall reduce its decision
to writing specifying the findings and conclusions that are in error or stating that
the decision is not supportable by the findings and conclusions. Any party
remaining aggrieved by the decision of the Hearing Examiner may further appeal
to the King County Superior Court within twenty-one (21) calendar days from the
date of the City Council's Hearing Examiner's decision.
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SECTION III. This ordinance shall be effective upon its passage, approval, and thirty
(30) days after publication.
PASSED BY THE CITY COUNCIL this 13th day of September 2010.
Bonnie I. Walton, City Clerk
APPROVED BY THE MAYOR this 13th day of September , 2010.
Don Persson, Mayor Pro Tempore
Approved as to form:
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Lawrence J. Warren, City Attorney
Date of Publication: 9/17/2010 ( summary)
ORD:1655:8/9/10:scr