Council PKT 01-06-2009 Special/Regular
II
I.
A. Federal Way
AGENDA
FEDERAL WAY CITY COUNCIL
SPECIAL & REGULAR MEETING
Council Chambers - City Hall
January 6, 2009
www.cityoffederalway.com
SPECIAL MEETING 5:30 P.M.
1. CALL TO ORDER
2. INTERVIEWS - Steel Lake Advisory Committee
3. DELIBERATIONS
4. EXECUTIVE SESSION
Potential Litigation Pursuant to RCW 42.30.110(1 )(i)
5. ADJOURN
REGULAR MEETING 7:00 P.M.
1. CALL MEETING TO ORDER
2. PLEDGE OF ALLEGIANCE
3. PRESENTATIONS
a. Arts Commission Certificate of Appointments
b. Recognition of Snow/Ice Control Crews and Administrative Assistants
c. City Manager Emerging Issues & Introduction of New Employees
4. CITIZEN COMMENT
PLEASE COMPLETE A PINK SLIP & PRESENT IT TO THE CITY CLERK PRIOR TO SPEAKING.
Citizens may address City Council at this time. When recognized by the Mayor, please come forward
to the podium and state your name for the record. PLEASE LIMIT YOUR REMARKS TO THREE (3)
MINUTES. The Mayor may interrupt citizen comments that continue too long, relate negatively to
other individuals, or are otherwise inappropriate.
5. CONSENT AGENDA
Items listed below have been previously reviewed in their entirety by a Council Committee of three
members and brought before full Council for approval; all items are enacted by one motion. Individual
items may be removed by a Councilmember for separate discussion and subsequent motion.
a. Approval of Meeting Minutes: December 2, 2008 Special and Regular
Meetings.. .Page 4
b. ORDINANCE: Amendments to FWCC: Definitions (Chapt. 4 & 9) (First Reading
12/02/2008) "'Page14
Page 1 013
Consent Agenda Continued...
c. ORDINANCE: Amendments to FWCC: Animal Law (Chapt. 4 & 9) (First Reading
12/02/08) .. .Page 23
d. ORDINANCE: Amendments to FWCC: Land Use Definitions (Chapt. 5,11,12,
13, 15, 16, 18, 19, 20, 21 & 22) (First Reading 12/02/08) "Page 44
e. ORDINANCE: Amendments to FWCC: Land Use Process (Chapt. 5,14,15,18,
19 & 22) (First Reading 12/02/08) .. ..Page 135
f. ORDINANCE: Amendments to FWCC: Technical Errors (Chapt. 5, 13,21 & 22)
(First Reading 12/02/08) ... Page 204
g. ORDINANCE: Amendments to FWCC: Nuisance (Chapt. 9, 10,13,15 & 22) (First
Reading 12/02/08) .. . Page 217
h. ORDINANCE: Amendments to FWCC: Civil Code Enforcement (Chapt. 1,5,8,
10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21 & 22) (First Reading 12/02/08) .. .Page 235
i. ORDINANCE: Amendments to FWCC: Business Regulations (Chapt. 3, 9 & 14)
(First Reading 12/02/08) .. . Page 272
j. ORDINANCE: Amendments to FWCC: Civil Enforcement (Chapt. 3 & 9) (First
Reading 12/02/08) ..Page 285
k. ORDINANCE: Amendments to FWCC: Definitions in the City Code (Chapt. 2, 3,
8, 9, 14 & 17) (First Reading 12/02/08) .. Page 327
I. ORDINANCE: Amendments to FWCC: Criminal Law (Chapt. 1, 5, 6, 11, 13, 14,
15,16,17, & 22) (First Reading 12/02/08) ..Page 345
m. RESOLUTION: Directing Final Re-oraanization of the Federal Way City Code
(LUTC 11-17-08, PRHSPSC 11-10-08 and FEDRAC 11-2g.:08) .. . Page 369
n. Federal Way National Little League Proposal for Fencing (PRHSPSC12-09-08) ..Page
388
o. Acceptance of WTSC Grant Money to Purchase Replacement Laser/Radar
Devices (PRHSPSC 12-09-08) .. Page 389
p. Community Center Pool Chemical Vendor Contract (PRHSPSC 12-09-08) .. .Page 391
q. Electric Upgrade - Steel Lake Annex Brick House (PRHSPSC 12-09-08) ..Page 403
6. COUNCIL BUSINESS
a. Committee Appointments - Steel Lake Advisory Committee.. Page 404
b. Community Center Generator Installation Bid Award ..Page 405
c. Legislative Agenda Consideration (Tabled at December 2,2009 CilyCouncil Meeting; From FEDRAC 11-
25-2008) .. Page 407
d. Monthly Financial Report.. Page 439
e. Vouchers.. Page 452
f. SCORE Interlocal Agreement .. Page 481
Page 2 013
7. INTRODUCTION & FIRST READING OF ORDINANCES
INTRODUCTION & ENACTMENT OF ORDINANCE:
a. Creatina South Correction Entity Facility Public Development Authority
(SCORE) .. Page 502
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, AUTHORIZING
THE CREATION OF A PUBLIC CORPORATION TO BE KNOWN AS THE SOUTH CORRECTIONAL ENTITY
FACILITY PUBLIC DEVELOPMENT AUTHORITY; APPROVING A CHARTER AND BYLAWS; ESTABLISHING
A BOARD OF DIRECTORS TO GOVERN THE AFFAIRS OF THE AUTHORITY; AND APPROVING
PROCEDURES FOR THE CONDUCT OF ITS AFFAIRS.
8. CITY COUNCIL REPORTS
9. CITY MANAGER REPORT
10. EXECUTIVE SESSION
a. Property Acquisition Pursuant to RCW 42.30.110(1 )(b)
11. ADJOURNMENT
THE COUNCIL MAY ADD ITEMS AND TAKE ACTION ON ITEMS NOT LISTED ON THE AGENDA.
..
**In an effort to "Think GreenH 9,600 sheets of paper were saved by
eliminating duplicate copies of the Consent Agenda supporting documents.
Page 3 013
1\1E:I<::TING OA TE: January 6, 2009
HEM, 5.a.
ClTY OF FEDERAL WAY
City Council
AGENDA BILL
SUBJECT: ClTY COUNClL MEETlNG MlNUTES
CATEGORY: BUDGET lMP ACT:
[8] CONSENT
o RESOLUTlON
o ClTY COUNClL BUSlNESS
o ORDINANCE
o PUBLlC HEARING
o OTHER
Amount Budgeted:
Expenditure Amt.:
Contingency Req'd:
$
$
$
A IT ACHMENTS: Minutes from December 2, 2008 City Council Special Meeting.
Minutes from the December 2,2008 City Council Regular Meeting.
SUMMARYfBACKGROUND:
The City Council meeting minutes are a permanent record pursuant to RCW requirements.
. - ~"-"'---"'-'---"~"-'--'--'-'-----" '-" - __'n.. -. ..-.--- --'--"-~'--'-----'------------~____'________m'_"'_______._________u.______
{TY COUNClL COMMITTEE RECOMMENDATION: N1A
PROPOSED MOTlON: "[ move approval of the December 2,2008 City Council special and regular meeting nunutes."
-- -- --.--...,----.---
/~
ClTY MANAGER APPROVAL: ~~"?J~/
(BELOW TO BE COMPLETED 8 Y Clnr CLERKS OFFlCEj
COUNClL ACTlON:
o APPROVED
o DENIED
o T ABLlWIDEFERREDINO ACTlON
o MOVED TO SECOND READlNG (ordinances only)
COUNClL BlLL #
I S1' reading
Enactment reading
ORDlNANCE #
RESOLUTION #
....~ Federal Way
MEETING MINUTES
FEDERAL WAY CITY COUNCIL
REGULAR MEETING
Council Chambers - City Hall
December 2,2008 - 7:00 pm
www.cityofJederalway.com
1. CALL MEETING TO ORDER
Mayor Dovey called the meeting to order at 7:00 p.m.
Councilmembers present: Mayor Jack Dovey, Deputy Mayor Eric Faison, Councilmembers
Jim Ferrell, Linda Kochmar, Mike Park, Jeanne Burbidge and Dini Duclos.
Staff present: City Manager Neal Beets, City Attomey Pat Richardson and City Clerk Carol
McNeilly.
2. PLEDGE OF ALLEGIANCE
Doug levee led the Pledge of Allegiance.
3. PRESENTATIONS
· Police Department Recognition Awards
Police Chief Brian Wilson presented the following awards:
UfesavinQ Award: Officers Ashley Crispin and Steve Olson received Lifesaving Awards.
On July 31, 2008, the officers responded to a call and preformed CPR on a man until aid
units arrived and took over. Their actions helped save the man's life.
Police Chief Commendation Award: Frank Gabreluk received th Police Chief
Commendation award for his outstanding volunteer efforts. Mr. Gabreluk volunteers his
time to help the Federal Way Police Department with fleet maintenance and numerous
other tasks.
Police Chief Commendation Award: Moisei Baraniuc is a student at Todd Beamer High
School and works at Top Foods. Mr. Baraniuc found $10,000 cash in the Top Foods
bathroom and turned it in to police so the owner could be located.
· City Manager Emerging Issues I Introduction of New Employees
There were no emerging issues or employee introductions.
/2 -01 - 2008 Regular City Council Meeting Minutes
Page 10[8
4. CITIZEN COMMENT
Joann Piquette spoke on behalf of the Federal Way Coalition for the Performing Arts. She
encouraged the Council to make the Performing Arts Center their number one priority on their
Legislative Agenda.
Judqe Dave Larson spoke in support of the SCORE Interlocal. Agreement. He stated
numerous ways the agreement would benefit the City and the Municipal Court.
Derek Purton submitted a letter for the Clerk to read into the record. The letter encouraged the
City Council to reevaluate budget appropriations prior to adoption.
5. CONSENT AGENDA
Items listed below have been previously reviewed in their entirety by a Council Committee of three members and
brought before full Council for approval; all items are enacted by one motion. Individua{ items may be removed by
a Councifmember for separate discussion and subsequent motion.
a. Minutes: November 18, 2008 Special and Regular Meetings APPROVED
b. Monthly Financial Report - October 2008 (FEORAC 11-25-08) APPROVED
c. Vouchers (FEORAC 11-25-08) APPROVED
d. Enactment Ordinance: 2009 Property Tax (First reading 11-18-08) APPROVED
e. Enactment Ordinance: Amending Ordinance NO.06-541/General Tax Obligation Bond
APPROVED
f. Grant Funding for Transportation Improvement Projects (lUTC 11-17-08) APPROVED
g. Bid Award - 2009 Street Sweeping Services Contract (lUTC 11-17-08) APPROVED
h. Easter lake Flood Control Improvements and West Branch Joe's Creek
Culvert Replacement (lUTC 11-17-08) APPROVED
l. 2009 Legislative Agenda (FEDRAC 11 -25-08) Item was pulled from consent agenda.
J. Purchase of Updated Aerial Imagery (FEDRAC 11-25-08) APPROVED
k. T-Mobile Site lease Renewal - BPA Trail at 3320d & First Way South (Panther lake)
(FEDRAC 11-25-08) APPROVED
MOTION: Deputy Mayor Faison moved to approve the Consent Agenda. Councilmember
Kochmar second.
Councilmember Ferrell pulled item i. 2009 legislative Agenda
VOTE: Amended Consent Agenda passed 7-0.
I. 2009 Legislative Agenda
MOTION: Councilmember Park moved to postpone this item to the January 6, 2009
Council Meeting. Deputy Mayor Faison second.
Councilmember Ferrell does not support including the Performing Arts Center in the 2009
Legislative Agenda and urged the Council to rethink that option.
VOTE: Motion to postpone carried 7-0
I 1.0J .2008 Regular City Council Meeting Minutes
Page 10/8
6. COUNCIL BUSINESS
a. Appointment to the Arts Commission
Councilmember Burbidge reported the Council intelViewed six applicants for appointment to
the Arts Commission.
MOTION: Councilmember Burbidge moved the following appointments to the Arts
Commission:
Re-appoint Maggie Ellis as a voting member, with a 3-year term expiring 12-31-2011.
Re-appolnt Bette Simpson as a voting member, with a 3-yearterm expiring 12-31-2011.
Re-appoint Susan Honda as a voting member, with a 3-yearterm expiring 12-31-2011.
Appoint Maureen Hathaway as a voting member, with a 3-year term expiring 12-31-2011.
Appoint David Bauch as a voting member, with a 3-year term expiring 12-31-2011.
Appoint Lode Wood to serve as an alternate member, with a 3-yearterm expiring 12-31-
2011.
Councilmember Kochmar second. Councilmember Duclos recused herself from this
item.
VOTE: Motion carried 6-0, Councilmember Duclos recused.
b. SCORE Interlocal Agreement (FEDRAC 11-25-08)
Assistant City Manager, Bryant Enge, stated the City currently contracts with King and Yakima
Counties for jail selVices. The SCORE Interlocal Agreement is a proposal to build a new jail
facility in Des Moines that would accommodate the needs of multiple cities, including Federal
Way. The other cities interested in participating are; Auburn, Burien, Des Moines, Renton,
Sea Tac and Tukwila. This agreement would allow the City to have direct management of the
jail and provided care for inmates with special needs.
Mr. Enge presented a cost comparison between continuing to contract for jail selVices versus
participating in the Interlocal Agreement. Development and startup costs are estimated to be
$94 million. Federal Way's portion of the total would be $16 million. Council and staff
discussed bonding options and percentage of ownership for each of the participating cities.
Mr. Enge added FEDRAC reviewed this item and recommended moving forward with the
Interlocal Agreement.
c. RESOLUTION: 2009 Fee Schedule
This resolution sets the fees for building, zoning, inspections, as well as other related fees and
services based on the annual inflation rate.
MOTION: Councilmember Park moved approval of the 2009 Fee Scheduled; Deputy
Mayor Faison second. VOTE: Motion carried 7-0
/1-01-2008 Regular City Council Meeting Minutes
Page Jof8
d. RESOLUTION: City Sponsorship Policy
Human Resources Director, Mary McDougal, stated the City allocates funding to support civic
or service organizations serving Federal Way. The policy allows for cash funding as well as
free or reduced fees for space rental. The maximum cash allowance for organizations is
$2,500 per year, and the maximum space rental fee waived is $1,500. Funding requests will
be reviewed lwice during the year.
Deputy Mayor Faison requested changing the sponsorship review schedule in the resolution
from twice per year to allowinq the City Manaqer to establish a review procedure.
MOTION: Councilmember Park move to approve the Sponsorship Policy, with the
proposed edits to the review schedule; Council member Duclos second.
VOTE: Motion carried 7-0.
e. RESOLUTION: New Insurance Carrier and Authorizing the City Manager or Designee
to Settle Claims up to the Deductible (FEDRAC 11-25-Q8)
Pat Richardson, City Attomey, stated in September 2008 the City changed insurance carriers
and the proposed resolution authorizes the City Manager to approve claims received against
the City up to $25,000. Claims totaling over $25,000 would require approval by the City
Council.
MOTION: Councilmember Kochmar moved to amend the resolution by including the
deductible dollar amount of $25,000. and stating any claims over that amount would
need City Council approval. Councilor Burbidge second. VOTE: motion carried 7-0
f. Cancellation of the December 16, 2008 Regular Council Meeting
MOTION: Deputy Mayor Faison moved to suspend the Council Rules and cancel the
City Council's December 16, 2008 Regular Meeting; Councilmember Kachmar second.
VOTE: Motion carried 7-0.
g. Guild Memorandum of Understanding
City Attorney, Pat Richardson stated the agreement extends the expiration date to 12-31-
2009, includes a 4.5% COLA, 1.7% Market Adjustment and membership to the Federal
Way Community Center.
MOTION: Deputy Mayor Faison moved approval of the Guild Memorandum of
Understanding; Councilmember Burbidge second. VOTE: Motion carried 7-0.
I ]-01-1008 Regula,. City Council Meeting Minutes
Page 4or8
7. INTRODUCTION AND FIRST READING OF ORDINANCES
a. FWCC Amendments to Definitions -Chapters 4. 9 (PRHSC 11-1O~08)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
W ASHINGTON, RELATING TO DEFINITIONAL AMENDMENTS IN THE CODE
REPEALING SECTIONS, ADDING SECTIONS, AND AMENDING SECTIONS IN
CHAPTERS 4 AND 9 OF THE FEDERAL WAY CITY CODE.
City Clerk, Carol McNeilly read the Ordinance title into the record.
MOTION: Deputy Mayor Faison moved to forward the Ordinance to second reading on
January 6, 2009; Councilmember Duclos second_ VOTE: Motion carried 7-0
b. FWCC Amendments to Animal Law (PRHSC 11-10-(8)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, RELATING TO ANIMAL REGULATIONS, ADDING SECTIONS, AND
AMENDING SECTIONS IN CHAPTERS 4 AND 9 OF THE FEDERAL WAY CITY CODE.
City Clerk, Carol McNeilly read the Ordinance title into the record.
MOTION: Deputy Mayor Faison moved to forward the Ordinance to second reading on
January 6, 2009; Councilmember Burbidge second. VOTE: Motion carried 7-0
c. FWCC Amendments to Criminal Law (PRHSC 11-10-08)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
W ASHINGTON, RELATING TO CRIMINAL LAW REPEALING SECTIONS, ADDING
SECTIONS, AND AMENDING SECTIONS IN CHAPTER 1, ARTICLE II; CHAPTER 5,
ARTICLE Vlll; CHAPTER 6 ARTICLES 1,4, 7, 10 AND 12; CHAPTER 11, ARTICLE Ill;
CHAPTER 13, ARTICLES 6 AND 7, CHAPTER 14, CHAPTER 15, CHAPTER 16,
CHAPTER 17, AND CHAPTER 22 OF THE FEDERAL WAY CITY CODE.
City Clerk, Carol McNeilly, read the Ordinance title into the record.
MOTION: Deputy Mayor Faison moved to forward the Ordinance to second reading on
January 6,2009; Council member Duclos second. VOTE: Motion carried 7-0
d. FWCC Amendments to Land Use Technical Errors (LUTe 11-17-08)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, RELATING TO TECHNICAL CHANGES TO LAND USE REGULATIONS,
ADDING SECTIONS, AMENDING SECTIONS, AND REPEALING SECTIONS IN
CHAPTERS 5,13, 21, AND 22 OF THE FEDERAL WAY CITY CODE.
City Clerk, Carol McNeilly read the Ordinance title into the record.
MOTION: Deputy Mayor Faison moved to forward the Ordinance to second reading on
January 6, 2009; Councilmember Kochmar second. VOTE: Motion carried 7-0
e. FWCC Amendments to Nuisance (LUTe 11-17"()8)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
W ASHINGTON, RELATING TO NUISANCES, ADDING SECTIONS, AMENDING
SECTIONS, AND REPEALING SECTIONS IN CHAPTERS 9,10,13,15, AND 22 OF THE
FEDERAL WAY CITY CODE.
City Clerk, Carol McNeilly read the Ordinance title into the record.
MOTION: Deputy Mayor Faison moved to forward the Ordinance to second reading on
January 6, 2009; Councilmember Kochmar second. VOTE: Motion carried 7-0
12-02-2008 Regular City Council Meeting Minutes
Page 5or8
f. FWCC Amendments to Civil Enforcement - Land Use (LUTC 11-17-08)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
W ASHINGTON, RELATING TO CIVIL CODE ENFORCEMENT, ADDING SECTIONS,
AMENDING SECTIONS, AND REPEALING SECTIONS IN CHAPTERS 1,5,8, 10, 11,
12,13,14,15,16,17,18,19,20,21, AND 22 OF THE FEDERAL WAY CITY CODE.
City Clerk, Carol McNeilly read the Ordinance title into the record.
MOTION: Deputy Mayor Faison moved to forward the Ordinance to second reading on
January 6,2009; Councilmember Kochmar second. VOTE: Motion carried 7-0
g. FWCC Amendments to Civil Enforcement - Business ReQulations (FEORAC 11-25-08)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, RELATING TO BUSINESS REGULATION ENFORCEMENT ADDING
SECTIONS, AMENDING SECTIONS AND REPEALING SECTIONS IN CHAPTER 3,
AND 9 OF THE Ft;:DERAL WAY CITY CODE.
City Clerk, Carol McNeilly read the Ordinance title into the record.
MOTION: Deputy Mayor Faison moved to forward the Ordinance to second reading on
January 6, 2009; Councilmember Duclos second. VOTE: Motion carried 7-0
h. FWCC Amendments to Land Use Definitions -Chapters 5,11,12,13,15,16,18,19,20,21&
22 (lUTC 11-17-08)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, RELATING TO LAND USE RELATED DEFINITIONAL AMENDMENTS
ADDING SECTIONS, AMENDING SECTIONS, AND REPEALING SECTIONS IN
CHAPTERS 5,11,12,15,16,18,19,20,21, AND 22 OF THE FEDERAL WAY CITY
CODE.
City Clerk, Carol McNeilly read the Ordinance title into the record.
MOTION: Deputy Mayor Faison moved to forward the Ordinance to second reading on
January 6,2009; Councilmember Kochmar second. VOTE: Motion carried 7-0
i. Addressinq Land Use Processes in the FWCC (lUTe 11-17-08)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, RELATING TO LAND USE PROCESSES, ADDING SECTIONS,
AMENDING SECTIONS, AND REPEALING SECTIONS IN CHAPTERS 5.14,15,18,
19, AND 22 OF THE FEDERAL WAY CITY CODE.
City Clerk, Carol McNeilly, read the Ordinance title into the record.
MOTION: Deputy Mayor Faison moved to forward the Ordinance to second reading on
January 6, 2009; Councilmember Kochmar second. VOTE: Motion carried 7-0
j. FWCC Amendments to Business Requlations (FEORAC 11-25-08)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, RELATING TO BUSINESS REGULATIONS, REPEALING SECTIONS,
ADDING SECTIONS, AND AMENDING SECTIONS IN CHAPTER 3, 9, AND 14 OF
THE FEDERAL WAY CITY CODE.
City Clerk, Carol McNeilly read the Ordinance title into the record.
MOTION: Deputy Mayor Faison moved to forward the Ordinance to second reading on
January 6, 2009; Councilmember Duclos second. VOTE: Motion carried 7-0
k. Addressinq Amendments Relatinq to Definitions in the FWCC (FEORAC 11-25-08)
12.02 -2008 Regular City Council Meeting Minutes
Page 6of8
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
W ASHINGTON, RELATING TO DEFINITIONAL AMENDMENTS ADDING SECTIONS,
AMENDING SECTIONS AND REPEALING SECTIONS IN CHAPTER 2,3,8,9,14,
AND 17 OF THE FEDERAL WAY CITY CODE.
City Clerk, Carol McNeilly read the Ordinance title into the record.
MOTION: Deputy Mayor Faison moved to forward the Ordinance to second reading on
January 6, 2009; Councilmember Burbidge second. VOTE: Motion carried 1-0.
INTRODUCTION AND ENACTMENT ORDINANCES
I. 2009-2010 Biennial Budqet Introduction and Enactment.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, RELATING BUDGETS AND FINANCE, ADOPTING THE 2009-10
BIENNIAL BUDGET.
City Clerk, Carol McNeilly read the Ordinance title into the record.
MOTION: Councilmember Duclos moved approval and enactment of the 2009-2010.
Biennial Budget Ordinance; Councilmember Ferrell second.
VOTE: Motion carried 7-0.
m. 2008 Year End Housekeepina Introduction and Enactment.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, RELATING TO BUDGETS AND FINANCE, REVISING THE 2007-08
BIENNIAL BUDGET (AMENDS ORDINANCES 06-537, 07-549, 07-569, AND 08-579).
City Clerk, Carol McNeilly read the Ordinance title into the record.
MOTION: Deputy Mayor Faison moved approval and enactment of the 2007-2008
Budget Adjustment Ordinance; Councilmember Burbidge second. VOTE: Motion
carried 7-0.
,
,
}
8. CITY COUNCIL REPORTS
Councilmember Duclos had no report.
Councilmember Ferrell wished everyone a happy holiday.
Councilmember Burbidge reported she chaired a recent meeting of the W A State TIB and
attended the Puget Sound Partnership Kickoff event. She announced several upcoming
holiday performances and noted the next PRHSC meeting is December 9, 2008.
Councilmember Kochmar stated Federal Way Councilmembers are very active in regional
committees, and reported on recent appointments to the Suburban Cities Association's (SCA)
committees.
Councilmember Park attended a Regional Safety, Law ~ Justice Meeting, a SCA Board
meeting and reported on an upcoming Korean Community meeting.
Deputy Mayor Faison attended the AWC Legislative Committee meeting. He extended his
condolences to individuals impacted by the recent Washington Mutual layoffs.
Mayor Dovey asked the Council to review the legislative agenda handout and fOlWard their
12-02 - 2008 Regular City Council Meeting Minutes
Page 7or8
comments to City Manager Neal Beets. He also thanked the Council and staff for their hard
work and support.
9. CITY MANAGER REPORT
Mr. Beets reported the Council would not be conducting the scheduled Executive Session.
10. EXECUTIVE SESSION
Potential litigation Pursuant to RCW 42.30.110(1 )(i) - The Council did not conduct an
executive session.
11. ADJOURNMENT
With no further business before the Council, Mayor Dovey adjourned the meeting at 9:00
p.m.
Attest:
Carol McNeilly. CMC. City Clerk
Approved by Council:
Il~02.2008 Regular City Council Meeting Minutes
Page 8 ora
j
~g~_~~~~~!~~~_~!_~:__!.?~_~~~~!~~~~:~:~~_~~____ilin~~iR)-~----
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
ITEM #:
~.'.b
~.
SUBJECT: An Ordinance Addressing Amendments Relating To Definitions In The Federal Way City Code
POLICY QUESTION: SHOULD THE CITY COUNCIL PASS AN ORDINANCE ADDRESSING AMENDMENTS
RELATING To DEFINITIONS IN THE FEDERAL WAY CITY CODE?
COMMITTEE: PARKS RECREATION & PUBLIC SAFETY
MEETING DATE: Nov. 10th, 2008
CATEGORY:
o Consent
o City Council Business
IZI Ordinance
o Resolution
o
o
Public Hearing
Other
STAFF REpORT By: AARON DEPUTY CITY ATTORNEY DEPT: Law
Staff is finalizing the reorganization of the F ederal Way City Code into the F ederal Way Revised Code. During
the process Staff has discovered a number issues relating to definitions including opportunities to simplify
definitions; correct typographical errors, citation errors, modify organization; eliminate redundancies;
consolidate definitions; move regulations to regulatory sections; add cross references; and make
definitions more consistent with state law and other provisions. Concurrently with this ordinance staff will
present a resolution on the re-codification of the Code. Both of these will be presented to planning commission
and each Council Committee.
Attachments: Staff report, Ordinance.
Options Considered: 1. Recommend approval of the Ordinance and forward to the full Council on
December 2nd.
2. Modify the proposed Ordinance and forward to the full council for first reading.
3. Do not approve the proposed Ordinance.
STAFF RECOMMENDATION: Approve Option 1.
CITY MANAGER APPROVAL: ~ DIRECTOR APPROVAL:
COMMITTEE RECOMMENDATION: 0 r~ (\ '" ~ ,
:p{Jrtl...
Committee
---
Committee Chair
forward the ordinance to a second reading for enactment on the
COUNCIL ACTION:
o APPROVED
o DENIED
o TABLEDIDEFERREDINO ACTION
~ MOVED TO SECOND READING (ordinances only)
~VISED - 02/06/2006
COUNCIL BILL #
1 ST reading
Enactment reading
ORDINANCE #
RESOLUTION #
\'t:ti~J~
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
FEDERAL WAY, WASHINGTON, RELATING TO DEFINITIONAL
AMENDMENTS IN THE CODE REPEALING SECTIONS, ADDING
SECTIONS, AND AMENDING SECTIONS IN CHAPTER 4 AND 9 OF
THE FEDERAL WAY CITY CODE.
WHEREAS, the City of Federal Way is in the process of re-codifying and reorganizing
the Federal Way City Code (FWCC) into the Federal Way Revised Code (FWRC) and through
this process has found redundant sections and language as well as unclear sections, inaccurate
sections, and other sections that could be revised for better readability and workability; and
definitions and related regulations can be simplified and consolidated;
WHEREAS, certain Code provisions need to be modified to coordinate with state and
county law requirements in areas of definitions;
WHEREAS, none of the changes to the FWCC contained in this ordinance are intended
to change numbering or formatting changes that occur pursuant to the reorganization of the Code
and;
WHEREAS, the City Council of the City of Federal Way finds it in the best interest of
the City to update its code, and amending these sections bears a substantial relation to public
health, safety, or welfare ofthe people of Federal Way; is consistent with the applicable
provisions ofthe comprehensive plan; and is in the best interest of the residents ofthe city;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, DO ORDAIN AS FOLLOWS
Ordinance No.
Page 1 of8
SECTION 1. Chapter 2, Article III, Section 2-46, of the Federal Way City Code shall be
amended to read as follows:
2-46 Definitions.
As used in this division, the following words and terms sha-ll be giV0fl the f-allowing
definitions: The definitions in this section apply throughout this article unless the context clearly
requires otherwise. Terms not defined here are defined according to FWCC 1-2,
fB '.:..Appointment: includes all means of selecting, appointing, or employing any person to
hold the office of civil service commissioner.
~ '.:..Commission: means the civil service commission~ herein created and "commissioner"
means anyone of the the commissioners appointed to the commission. "Alternate
commissioner" means anyone ofthe t\':o alternate commissioners appointed to the commission.
"Commissioner" means anyone of the five commissioners appointed to the commission.
"Alternate commissioner" means anyone of the two alternate commissioners appointed to the
commISSIon.
(3) City means the city ofFedera-l \Vay, a 'Washington municipal corporation.
~ '.:..Elector: means a registered voter.
~ '.:..Residenf'.:... means a person whose primary dwelling place is located in the city.
(Ord. No. 96-258, ~ 2, 1-2-96)
SECTION 2. Chapter 2, Article VIII, Section 2-253, of the Federal Way City Code shall
be amended to read as follows:
2-253 Definitions.
i^Jl terms used herein Terms in this article shall, in addition to their ordinary melH'ling, also
be are defined according to fB chapter 69.50 RCW, ~ city ordinance ordinances, or (3)
common law, or their ordinary meaning in that order of preference.
(Ord. No. 93-182, ~ 4, 7-20-93)
SECTION 3. Chapter 2, Article IX, Section 2-301, of the Federal Way City Code shall be
amended to read as follows:
2-301 Definitions.
As used in connection with the art in public places funds and 2% For The }J1:s projects, the
following terms haye the meaning set forth below: The definitions in this section apply
throughout this article unless the context clearly requires otherwise. Terms not defined here are
defined according to FWCC 1-2.
'.:..Acquisition of real property: means the purchase of parcels of vacant or unimproved land,
including associated costs such as appraisals or negotiations.
'.:..Art in public places: means any expression by an artist of visual works of art available to the
public in an open city-owned facility in areas designated as public areas, or on non-city-owned
property if the incorporation of the art project is installed or financed, either in whole or in part,
by the city.
Ordinance No.
Page 2 of8
.Arts commission means the Federal ,)/ay arts commission.
'.:..,Demolition costs:' means the cost of removing buildings or other structures from the property.
'.:..,EquipmenC means equipment or furnishings that are portable.
'.:...Qualifying capital improvement project:' means projects a proiect funded wholly or in part by
the city of Federal Way to construct or substantially remodel any public project including
buildings, decorative or commemorative structures, parks, or aH:Y portion thereof; provided,
howO''1er, that it does not include either initially or in the calculation of the total proiect cost, aH:Y
city funded amount~ funded by the city for the acquisition of real property or equipment.. or for
demolition shall be excluded for the purposes of the calculation of total project eost.
'.:...Substantially:' meaB means when the cost of the project construction, renovation, repair.. or
remodel funded by city monies exceed the sum of $25,000.
(Ord. No. 94-217, ~ 1,7-19-94)
SECTION 4. Chapter 15, Article I, Section 15-7, of the Federal Way City Code shall be
amended to read as follows:
15-7 Neighborhood traffic safety zone -Definitions.
As used in this Code, the following terms have meanings indieated unless the context elearly
requires otherwise: The definitions in this section apply throughout this article unless the context
clearly requires otherwise. Terms not defined here are defined according to FWCC 1-2.
flt-'.:...SchooZ:' includes a school as defined by has the meaning under RCW 28A.150.01O or
28A.150.020. and. The term "school" also includes a private school approved under RCW
28A.195.010.
~ '.:...School bus:' means a school bus as defined by the superintendent of public instruction by
rule which is owned and operated by any school district and all school buses which are privately
owned and operated under contract, or otherwise with any school district in the state for
transportation of students. The term does not include buses operated by common carriers and the
urban transportation of students, such as transportation of students through a city transportation
system.
~ '.:...School bus route stop:' means a school bus stop as designated on maps or otherwise
identified and submitted by school districts to the office of the superintendent of public
instruction.
(Ord. No. 93-163, ~ 2, 1-19-93; Ord. No. 94-207, ~ 1, 1-4-94)
SECTION 5. Chapter 15, Article V, Section 15-166, of the Federal Way City Code shall
be amended to read as follows:
15-166 Definitions.
The following words, terms and phrases, when used in this division, shall have the meaniRgs
ascribed to them in this section, except 'l/here the context clearly indicates a different meaniRg:
The definitions in this section apply throughout this article unless the context clearly requires
otherwise. Terms not defined here are defined according to FWCC 1-2.
'.:...No cruising area:' means shall mean an area designated by the city council by ordinance as
susceptible to, or having a history of traffic congestion, obstruction of streets, sidewalks or
Ordinance No.
Page 3 of8
parking lots, impediment of access to shopping centers or other buildings open to the public,
interference with the use of property or conduct of business in the area adjacent thereto or that
emergency vehicles cannot respond in that area within a reasonable period of time.
'.:..Traffic control point'.:... means shall mean any point within the ~no cruising area established by
the city council for the purpose of monitoring cruising.
(Ord. No. 90-35, ~ 1,2-20-90)
SECTION 6. Chapter 15, Article VI, Section 15-196, of the Federal Way City Code shall
be amended to read as follows:
15-196 Bicycle helmets.
(a) Purpose and policy.
(1) This chapter is enacted as an exercise of the authority of the city of Federal ',Yay to
protect and preserve the publie health and welfare. Its pro'lisions shall be liberally constrned f-or
the accomplishment of these purposes.
(2) It is the express purpose of this chapter to proyide f-or and to promote the health and
'.velfare of the general pub lie, and not create or other\'.'ise establish or designate any particular
class or group of persons who will or should be especially protected or benefited by the terms of
this ehapter.
(3) It is the specifie intent of this chapter to place the obligation of complyi1'lg \vith its
requirements upon any person falling within this scope, and no provision of, nor term used in,
this chapter is intended to impose any duty whatsoever upon the city of Federal 'Yay or any of its
officers or employees, for whom the implementation or ooforcement of this section shall be
discretionary and not mandatory.
(b) Definitions. As used in this chapter, the following terms shall ha'/e the meanings indicated
unless every context clearly requires othef\vise:
(1) Bicycle means every de-yice propelled solely by human power upon which a person or
persons may ride, ha'/ing t'l/O tandem '.vheels, either of which is 16 inches or more in diameter,
or three wheels, anyone of which is more than 20 inches in diameter (RCV116.04.071). Vhthin
this chapter, the term "bicycle" shall include any attached trailers, side cars, and/or other device
being to'.ved by a bicycle.
(2) Guardian means a parent, legal guardian, an adult v.'ith custody, or temporary gaardian
who maintains responsibility, '.'Ihether '.'oluntary or otherwise, for the safety and welfare of a
person under the age of 18 years.
(3) Public area means public roadways, bicycle paths, sidewalks, parks, or any right of way
or publicly ovmed facility under the jurisdiction ofthe city of Federal 'Nay.
(el) Bioycle helmet required Generally - Helmet required.
(+~) Any person bicycling or riding as a bicycle passenger on or in tow of a bicycle upon any
public area in the city of Federal Way shall wear a bicycle helmet and shall have either the neck
or chin strap of the helmet fastened securely while the bicycle is in motion.
(~Q) No person shall transport another person on or in tow of a bicycle upon any public area
in the jurisdiction of the city of Federal Way, unless the passenger is wearing a helmet that meets
the requirements ofthis chapter.
Ordinance No.
Page 4 of8
(~Q) A parent or guardian is responsible for requiring that a child under the age of 16 years
wears a bicycle helmet while bicycling or riding as a passenger on a bicycle in any public area in
the city of Federal Way, and has the neck or chin strap ofthe helmet fastened securely.
(d2) Bicycle races and events Helmet required.
(t-~ Any person managing a bicycle race, an organized event involving bicycling, or a
bicycle tour in the public areas of the city of Federal Way shall require that all participants on or
in tow of bicycles wear approved bicycle helmets.
(~h) The person managing any such event shall include the bicycle helmet requirement in any
promotional brochures and on registration materials.
(eJ) Bicycle rental or loan races and events Helmet required.
(t-~) Any person engaging in the business of renting or loaning (e.g., "a test drive") any
bicycle for use in any public place in the city of Federal Way shall supply the persons leasing or
using bicycles with bicycle helmets, along with the bicycles, unless the bicycle riders and
passengers possess bicycle helmets of their own for use with the bicycle.
(~h) The rental papers (contract, agreement, or receipt) must advise the person renting the
bicycle of the bicycle helmet requirements of this chapter.
(f:!) Penalties - Traffic infraction.
(!~) Effective January 1, 2005, any person violating any of the provisions of this chapter
shall have committed a traffic infraction and shall be liable for monetary penalties as set forth in
FWCC 15-191.
(~h) The court may waive, reduce, or suspend the penalty and clear the notice of violation as
a warning for an individual who has not received a notice of violation of this chapter within one
year, and provides proof that he or she has acquired a bicycle helmet at the time of appearance in
court.
(~Q) Each rental and each event under subsection (eJ) of this section shall be a separate
violation.
(Ord. No. 04-476 ~ 1, 12-21-04)
SECTION 7. A new section is added to Chapter 15, Article VI, of the Federal Way City
Code (FWRC 8.25.004) to read as follows:
15-197 rS.25.0041 Purpose and policy.
(1) This chapter is enacted as an exercise of the authority of the city of Federal Way to
protect and preserve the public health and welfare. Its provisions shall be liberally construed for
the accomplishment of these purposes.
(2) It is the express purpose of this chapter to provide for and to promote the health and
welfare of the general public. and not create or otherwise establish or designate any particular
class or group of persons who will or should be especially protected or benefited by the terms of
this chapter.
(3) It is the specific intent of this chapter to place the obligation of complying with its
requirements upon any person falling within this scope. and no provision of. nor term used in.
this chapter is intended to impose any duty whatsoever upon the city of Federal Way or any of its
officers or em{>loyees. for whom the implementation or enforcement of this section shall be
discretionary and not mandatory.
Ordinance No.
Page 5 of8
SECTION 8. A new section is added to Chapter 15, Article VI, of the Federal Way City
Code (FWRC 8.25.006) to read as follows:
15-198 [8.25.0061 Definitions
The definitions in this section apply throughout this article unless the context clearly requires
otherwise. Terms not defined here are defined according to FWCC 1-2
"Bicvcle" means every device propelled solely by human power upon which a person or
persons may ride, having two tandem wheels, either of which is 16 inches or more in diameter,
or three wheels, anyone of which is more than 20 inches in diameter (RCW 46.04.071). Within
this chapter, the term "bicycle" shall include any attached trailers, side cars, and/or other device
being towed by a bicycle.
"Guardian" means a parent, legal guardian, an adult with custody, or temporary guardian
who maintains responsibility, whether voluntary or otherwise, for the safety and welfare of a
person under the age of 18 years.
"Public area" means public roadways, bicycle paths, sidewalks, parks, or anv right-of-wav or
publicly owned facilitv under the iurisdiction of the city of Federal Way.
SECTION 9. Chapter 15, Article IX, Section 15-240, of the Federal Way City Code shall
be amended to read as follows:
15-240 Definitions.
The definitions in this section apply throughout this article unless the context clearly requires
otherwise. Terms not defined here are defined according to FWCC 1-2.
tat '.:...Motorized foot scooter'.:.. means a device with no more than two 10-inch or smaller
diameter wheels that has handlebars, is designed to be stood or sat upon by the operator, and is
powered by an internal combustion engine or electric motor that is capable of propelling the
device with or without human propulsion. A motor-driven cycle, a moped, an electric-assisted
bicycle, or a motorcycle is not a motorized foot scooter.
W '.:...Similar device'.:.. means any device that: (1) matches the definition of a motorized foot
scooter except for the size of the device's wheels; and (2) cannot be defined as a motor-driven
cycle, a moped, an electric-assisted bicycle, or a motorcycle.
(Ord. No. 04-464, ~ 7, 9-21-04)
SECTION 10. Severability. Should any section, subsection, paragraph, sentence,
clause, or phrase of this chapter, or its application to any person or situation, be declared
unconstitutional or invalid for any reason, such decision shall not affect the validity of the
remaining portions of this chapter or its application to any other person or situation. The City
Council ofthe City of Federal Way hereby declares that it would have adopted this chapter and
Ordinance No.
Page 6 of8
each section, subsection, sentence, clauses, phrase, or portion thereof, irrespective of the fact that
anyone or more sections, subsections, sentences, clauses, phrases, or portions be declared
invalid or unconstitutional.
SECTION 11. Concurrent Legislation. Currently pending ordinances or resolutions may
amend the same sections as does this one; changes made in this ordinance are intended to be in
addition to any changes made by any other ordinance or resolution, this ordinance is not intended
to repeal, reenact, or modify portions of the section that are enacted, repealed, or modified by
any other ordinance or resolution.
SECTION 12. Corrections. The City Clerk and the codifiers ofthis ordinance are
authorized to make necessary corrections to this ordinance including, but no limited to, the
correction of scrivener/clerical errors, references, ordinance numbering, section/subsection
numbers and any references thereto.
SECTION 13. Ratification. Any act consistent with the authority and prior to the
effective date of this ordinance is hereby ratified and affirmed.
SECTION 14. Effective Date. This ordinance shall take effect and be in force thirty
(30) days from and after its passage and publication, as provided by law.
PASSED by the City Council of the City of Federal Way this day of
, 200_
CITY OF FEDERAL WAY
MAYOR, JACK DOVEY
ATTEST:
CITY CLERK, CAROL MCNEILLY, CMC
Ordinance No.
Page 7 of8
APPROVED AS TO FORM:
CITY ATTORNEY, PATRICIA A. RICHARDSON
FILED WITH THE CITY CLERK: 11-20-2008
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.:
Ordinance No.
Page 8 of8
t)'-C,
..~~!!.NC~!:~~~~!~~..~~!~_=._:~~~~!'..~~_'.:~:~~_!~_~_~__.c..hnUA.~-u,-2-~---.__!!!~~:- ~
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: An Ordinance Addressing Amendments Relating To Animal Law In The Federal Way City Code
POLICY QUESTION: SHOULD THE CITY COUNCIL PASS AN ORDINANCE ADDRESSING ANIMAL LAW IN THE
FEDERAL WAY CITY CODE?
COMMITTEE: PARKS RECREATION & PUBLIC SAFETY
MEETING DATE: Nov. 10th, 2008
CATEGORY:
D Consent
D City Council Business
IZI Ordinance
D Resolution
D
D
Public Hearing
Other
STAFF REpORT By: AARON DEPUTY CITY ATIORNEY DEPT: Law
Staff is finalizing the reorganization of the Federal Way City Code into the Federal Way Revised Code. During
the process Staff has discovered a number issues relating to animal law including opportunities to remove
redundancies, make the language and provisions in the animal code clear and consistent, and update and
coordinates the language with the County animal code. It includes updates to the definitions consistent
with other definition updates. It is not intended to create policy changes. Concurrently with this
ordinance staffwill present a resolution on the re-codification of the Code. Both of these will be presented to
planning commission and each Council Committee.
Attachments: Staff report, Ordinance.
Options Considered: 1. Recommend approval of the Ordinance and forward to the full Council on
December 2nd.
2. Modify the proposed Ordinance and forward to the full council for first reading.
3. Do not approve the proposed Ordinance.
STAFF RECOMMENDATION: Approve Option 1.
~l
DIRECTOR APPROVAL: ~ ~
Committee '~
CITY MANAGER APPROVAL:
COMMITTEE RECOMMENDATION: Ol't'\~..... 4:l'
OPOSED COUNCIL MOTION:
/)ecel'llher 16th consent agenda".
-:rC-n \ACM"1 (,
orward the ordinance to a second reading for enactment on the
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
o APPROVED
o DENIED
o TABLEDIDEFERRED/NO ACTION
Ll MOVED TO SECOND READING (ordinances only)
REVISED - 02/06/2006
COUNCIL BILL #
1ST reading
Enactment reading
ORDINANCE #
RESOLUTION #
,'2. " '1.. .' 200 S
1, (:I' lW'\
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
FEDERAL WAY, WASHINGTON, RELATING TO ANIMAL
REGULATIONS, ADDING SECTIONS, AND AMENDING SECTIONS IN
CHAPTER 4 AND 9 OF THE FEDERAL WAY CITY CODE.
WHEREAS, the City of Federal Way is in the process of re-codifying and reorganizing
the Federal Way City Code (FWCC) into the Federal Way Revised Code (FWRC) and through
this process has found redundant sections and language as well as unclear sections, inaccurate
sections, and other sections that could be revised for better readability, consistency, and
workability; and animal regulations can be simplified and consolidated;
WHEREAS, certain Code provisions need to be modified to coordinate with state and
county law requirements in areas of animal regulations;
WHEREAS, none of the changes to the FWCC contained in this ordinance are intended
to change numbering or formatting changes that will occur pursuant to the reorganization of the
Code and;
WHEREAS, the City Council ofthe City of Federal Way finds it in the best interest of
the City to update its code, and amending these sections bears a substantial relation to public
health, safety, or welfare ofthe people of Federal Way; is consistent with the applicable
provisions ofthe comprehensive plan; and is in the best interest ofthe residents ofthe city;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, DO ORDAIN AS FOLLOWS
SECTION 1. Chapter 4, Article I, Section 4-1, of the Federal Way City Code shall be
amended to read as follows:
4-1 Definitions.
Ordinance No. 08-
Page J of 20
The following 'lIords, terms and phrases, v/hen used in this chapter, shall have tho meanings
ascribed to them in this section, except where the context clearly indicates a different meaning:
The definitions in this section apply throughout this chapter unless the context clearly requires
otherwise.
"Abatement" means the termination of any violation by reasonable and lawful means determined
by the director of the animal control authority in order that a person or a person presumed to be
the owner shall comply with this chapter.
"Adult cat" means a cat of either sex, altered or unaltered, that has reached the age of six months.
"Adult dog" means one of either sex, altered or unaltered, that has reached the age of six months.
"Animaf' means any living creature except human beings, insects and worms.
"Animal control authority" mean the county animal care and control section animal control
diyision, department of general services, acting alone or in concert with other municipalities for
enforcement of the animal control laws of the county and city for the shelter and welfare of
animals.
"Animal control officer" means any individual employed, contracted or appointed by the animal
control authority for the purpose of aiding in the enforcement of this chapter or any other law or
ordinance relating to the impoundment of animals, and includes any state or municipal peace
officer, sheriff, constable or other employee whose duties in whole or in part include assignments
which involve the seizure and taking into custody of any animal.
"Animal rescuer" means any individual who routinely obtains aH: unwanted dogs deg or eat cats.
ensures that they are spayed or neutered. and whe locates within 90 days an adoptive home for
them that spayed or neutered dog or cat provided, however, an interim, administrative An
extension of the 90 days may be granted by the animal control authority fef UP to a maximum of
six months if a dog or cat is pregnant, nursing, or injured and that condition is verified by a
veterinarian.
"Cattery" means a place where four or more adult cats are kept, whether by owners of the cats
or by persons providing facilities and care, whether or not for compensation, but not including
small animal hospital, clinic or pet shop.
"Dangerous dog" means any dog that according to the records of the animal control authority:
(1) Has inflicted severe injury on a human being without provocation on public or private
property;
(2) Has killed a domestic animal without provocation while off the owner's property;
(3) Has been previously found to be potentially dangerous, ami the owner having received notice
of such.. and the dog again aggressively bites, attacks, or endangers the safety of humans or
domestic animals;
(4) Has a known propensity, tendency or disposition to attack without provocation to cause
injury or otherwise endanger humans and/or domestic animals based upon notice to the owner;
(5) Bites or attacks without provocation after prior notice to the owner; or
(6) Is defined as a "dangerous dog" under RCW 16.08.070 as it currently exists or is amended in
the future.
"Director" means the director or manager of the animal control authority of the county
department of health.
"Domesticated animal" means those domesticated beasts including any dog, cat, rabbit, horse,
mule, ass, bovine animal, lamb, goat, sheep, hog or other animal made to be domestic.
Ordinance No. 08-
Page 2 of 20
"Euthanasia" means the humane destruction of an animal, accomplished by a method that
involves instantaneous unconsciousness and immediate death, or by a method that causes
painless loss of consciousness and death during such loss of consciousness.
"Grooming service" means any place or establishment, public or private, where animals are
bathed, clipped or combed for the purpose of enhancing their aesthetic value and/or health and
for which a fee is charged.
"Harboring, keeping, or maintaining a dog or cat" means performing any of the acts of
providing care, shelter, protection, refuge, food or nourishment in such manner as to control the
animal's actions, or that the animal is treated as living at one's house by the homeowner.
"Hobby cattery" means a noncommercial cattery at or adjoining a private residence where four
or more adult cats are bred or kept for exhibition for organized shows or for the enjoyment of the
speCIes.
"Hobby kennel" means a noncommercial kennel at or adjoining a private residence where four
or more adult dogs are bred or kept for hunting, training and exhibition for organized shows,
field, working and/or obedience trials, or for enjoyment ofthe species.
"Juvenile" means any dog or cat, altered or unaltered, that is under the age of six months.
"Kennel" means a place where four or more adult dogs are kept, whether by owners of the dogs
or by persons providing facilities and care whether or not for compensation, but not including a
small animal hospital or clinic or pet shop.
"Known propensity" means an inclination for behavior that the owner is or should be aware of.
"Livestock" means cattle, hogs, sheep, goats, horses, llamas and other large grazing animals, but
does not include small animals, as defined in King County Code Section 21A.06.065.
"Owner" means any person having an interest or right of possession to an animal or any person
having control, custody or possession of an animal. and includes but is not limited to the keeper
or custodian of an animal. , or by reason of the animal being seen residing consistently at a
looatiol'l, Anv person residing at a location where an animal has been consistently residing shall
be presumed to be the owner.
"Packs of dogs" means a group of two or more dogs running upon either public or private
property not that of their owner in a state in which either their control or ownership is in doubt or
cannot readily be ascertained, and when such dogs are not restrained or controlled.
"Pet shop" means any person, establishment, store or department of any store that acquires live
animals, including birds, reptiles, fowl and fish, and sells, or offers to sell, or rent such live
animals to the public or to retail outlets.
"Potentially dangerous dog" means a dog the owner reasonably knows has aggressively bitten,
attacked or endangered humans and/or domestic animals and includes but is not limited to any
dog that meets the definition of potentially dangerous dog as defined by RCW 16.08.070.
"Running at large" means to be off the premises of the owner or custodian and not secured by a
leash or tether of not more than 15 feet in length or less.
"Service animal" means any animal, which is trained or being trained for the purposes of
assisting or accommodating a person's sensory, mental. or physical disability to aide a person
who is blind, hearing impaired, or otherwise disabled and is used for that purpose and is
registered v/ith a recognized servioe animal organization.
"Severe injury" means any physical injury that results in broken bones or lacerations requiring
multiple sutures or cosmetic surgery.
"Shelter" means a facility which is used to house or contain stray, homeless, abandoned or
unwanted animals and which is owned, operated or maintained by a public body, an established
Ordinance No. 08-
Page 3 of 20
humane society, animal welfare society, society for the prevention of cruelty to animals, or other
nonprofit organization devoted to the welfare, protection and humane treatment of animals.
"Special hobby kennel license" means a license issued to pet owners under certain conditions,
who do not meet the requirements for a hobby kennel license, to allow them to retain only those
specific dogs and cats then in their possession until such time as the death or transfer of such
animals reduces the number they possess to the legal limit set forth in this chapter.
"Under control" means the animal is under voice competent and/or signal control so as to
thereby be restrained from approaching any bystander or other animal and from causing or being
the cause of physical property damage when off a leash or off the premises of the owner.
"Vicious" means the act of or the propensity to do any act endangering the safety of any person,
animal, or property; including but not limited to biting a human being, attacking human beings,
or attacking domesticated animals without provocation.
(Ord. No. 90-30, ~ 2(A) - (N), (P) - (T), 2-13-90; Ord. No. 92-153, ~ 2, 11-17-92; Ord. No. 06-
527, ~ 1,6-20-06; Ord. No. 06-530, ~ 1,8-1-06)
SECTION 2. Chapter 4, Article 1, Section 4-3, of the Federal Way City Code shall be
amended to read as follows:
4-3 Contract with county.
The city manager has the authority to adopt rules and regulations to carry out the provisions of
this chapter (Titlel, and has the authority to administer and enforce this article and any such rules
or regulations. It is unlawful to violate or fail to comply with any provision of this article or any
such rule or regulation. The city manager is authorized and empowered to execute a contract
with the county collect license and other fees and costs and to administer and enforce the
provisions of this chapter on behalf of the city.
SECTION 3. Chapter 4, Article 1, Section 4-4, of the Federal Way City Code shall be
amended to read as follows:
4-4 Criminal penalty. Statutes adopted.
Unless otherv/ise provided, any person who violates the pro'llslOns of this chapter, and
provisions of RC\V 16.08.010 0t seq., shall be guilty of a misdemeanor, punishable as proyided
in PWCC 1 13. Chapter 16.08 RCW is adopted by reference, except to the extent its provisions
conflict with this chapter.
SECTION 4. Chapter 4, Article I, Section 4-5, of the Federal Way City Code shall be
amended to read as follows:
4-5 Civil penalty.
In addition to any other penalty in this chapter or by la'll, any person in violation ofthis chapter
whose animal is in violation of this chapter shall incur is subiect to a civil penalty. the maximum
penalty and the default amount of which shall be $250.00 per violation. not including fees. costs.
and assessments. to be directly assessed by the director, plus actual Costs includes any abatement
Ordinance No. 08-
Page 4 of 20
costs and other actual costs incurred by the animal control authority. The director may directly
assess any civil penalty and, in a reasonable manner, may vary the amount of the penalty to the
nature and type of violation; the gravity ofthe violation; the number of past and present
violations committed and the good faith of the violator in attempting to achieve compliance with
prescribed requirements or after notification of a violation. All civil penalties assessed will be
enforced and collected in accordance with the procedure specified in this chapter. King County
Code Chapter 1 L or Chapter 7.80 RCW. Animal control officers are authorized to issue civil
infractions to enforce any violations of this chapter. The amount of a civil infraction under this
section shall be the same as the civil penalty and shall be enforced under Chapter 7.80 RCW. An
owner is in violation of this chapter if they violate any provision of this chapter and when the
owner's animal is in violation of this chapter.
(Ord. No. 90-30, 9 40,2-13-90; Ord. No. 92-153, 9 54, 11-17-92)
SECTION 5. Chapter 4, Article I, Section 4-6, of the Federal Way City Code shall be
amended to read as follows:
4-6 Personal obligations.
The civil penalty and the cost of abatement are personal obligations of the violator or animal
owner. The city attorney on behalf of the city, or prosecuting attorney 01'1 behalf of the county,
may collect the civil penalty and the abatement costs by use of through all appropriate legal
remedies.
(Ord. No. 90-30, ~ 41, 2-13-90; Ord. No. 92-153, ~ 55, 11-17-92)
SECTION 6. Chapter 4, Article I, Section 4-10, of the Federal Way City Code shall be
amended to read as follows:
4-10 Cruelty declared unlawful.
The following state statutes, including all futuro amendments, additions or deletions, are adopted
by reference:
(1) RCW 16,52.011, Definitions - Principles ofliability.
(2) RCW 16.52.015, Enforcement - Law enforcement agencies and animal care and control
agenCIes.
(3) RCW 16.52.080, Transporting or confining in unsafe manner - Penalty.
(4) RCW 16,52.085, Removal of animals for feeding - Examination - Notice - Euthanasia.
(5) RCW 16,52.090, Docking horses - Misdemeanor.
(6) RCW 16.52.095, Cutting ears - Misdemeanor.
(7) RCW 16.52.100, Confinement without food and water- Intervention by others.
(8) RCW 16.52.110, Old or diseased animals at large,
(9) RCW 16.52.117, Animal fighting - Owners, trainers, spectators - Exceptions.
(10) RCW 16.52.165, Punishment - Conviction of misdemeanor.
(11) RCW 16.52.180, Limitations on application of chapter.
(12) RCW 16.52.185, Exclusions from chapter.
(13) RCW 16.52.190, Poisoning animals.
Ordinance No. 08-
Page 5 of 20
(14) RCW 16.52.193, Poisoning animals - Strychnine sales - Records - Report on suspected
purchases.
(15) RCW 16.52.195, Poisoning animals - Penalty.
(16) RCW 16.52.200, Sentences - Forfeiture of animals - Liability for costs - Civil penalty-
Education, counseling.
(17) RCW 16.52.210, Destruction of animal by law enforcement officer - Immunity from
liability.
(18) RCW 16.52.220, Transfers of mammals for research - Certification requirements - Pet
animals.
(19) RCW 16.52.230, Remedies not impaired.
(20) RCW 16.52.300, Dogs or cats used as bait - Seizure - Limitation.
(Ord. No. 90-30, 9 24,2-13-90; Ord. No. 92-153, 9 38, 11-17-92; Ord. No. 01-394, 9 1,6-19-
01)
SECTION 7. Chapter 4, Article I, Section 4-13, of the Federal Way City Code shall be
amended to read as follows:
4-13 Exotic animals.
The provisions of King County Code Chapter 11.28, including all future amendments, are hereby
adopted by reference as if set forth in full herein afld are OIl file in the eity elerk's office. Such
provisions shall apply to any acts or omissions which occur in the city.
(Ord. No. 90-30, 9 37,2-13-90; Ord. No. 92-153, ~ 51, 11-17-92)
SECTION 8. Chapter 4, Article I, Section 4-14, of the Federal Way City Code shall be
amended to read as follows:
4-14 Guard dogs.
The provisions of King County Code Chapter 11.32, including all future amendments, are hereby
adopted by reference as if set forth in full and are on file in the city clerk's office. Such
provisions shall apply to all acts and omissions which occur in the city.
(Ord. No. 90-30, 9 38,2-13-90; Ord. No. 92-153, 9 52, 11-17-92)
SECTION 9. Chapter 4, Article I, Section 4-16, of the Federal Way City Code is hereby
repealed as follows:
4 16 Euthanasia rate targets.
(a) It shall be the policy of King County that the follmving maximum. e1:ltnaflasia rate targets are
used to measure the progress towards red-ueing the rates of umvanted, healthy pet cats and dogs
destroyed by the animal control authority and/or its designees. The euthanasia rates shall not
include animals that are destroyed because they are feral, medically or temperamentally
unsuitable for adoption of have been released by their owners for ovmer requested euthanasia.
The computation of the euthanasia rates shall be based on a population which is defined as all of
King County, except the city of Seattle.
Ordinance No. 08-
Page 6 of 20
(1) The number of healthy dogs and cats destroyed by King County animal control and its
designees oxeeeds 11 cats por 1,000 persons living in the county and 6.6 dogs per 1,000 persons
living in the county for any given year ending December 31 st; or
(2) The number of healthy dogs and cats destroyed by King County animal control or its
designees exceeds 5.5 cats per 1,000 persons living in the county and 3.3 dogs per 1,000 persons
li'/ing in the county for the year ending December 31, 1996;or
(3) The number of healthy dogs and cats destroyed by King County animal control or its
designees exceeds 1.7 cats per 1,000 persons living in the county and 1.0 dogs per 1,000 persons
liying in the county for the year ending December 31, 2000.
(b) The animal control authority shall report annually to the Federal 'Nay eity eOlfficil about the
rmmber of unv/anted, healthy pets destroyed and what additional measures or programs might be
reeommended for eoancil appro'lal to reduce the euthanasia rates. (Ord. No. 92 153, ~ 9, 11 17
~
SECTION 10. Chapter 4, Article 1, Section 4-24, ofthe Federal Way City Code shall be
amended to read as follows:
4-24 Mandatory spaying and neutering.
(a) No person shall own or harbor any cat or dog over the age of six months that has not been
spayed or neutered unless the person holds an unaltered animal license for the animal pursuant to
FWCC 9 1654-106.
(b) Guide dog puppies in training and police service dogs are exempted from the provision of
this section.
(c) Any dog or cat over the age of six months adopted from an animal shelter in King County
shall be spayed or neutered before transfer to the owner.
(Ord. No. 92-153, S 3, 11-17-92)
SECTION 11. Chapter 4, Article II, Section 4-41, of the Federal Way City Code shall be
amended to read as follows:
4-41 Authority to enforce.
The director of the animal control authority and authorized animal control officers and city law
enforcement officers are authorized to take such lawful action as may be required to enforce the
provisions of this chapter and the laws of the state as they pertain to animal cruelty, shelter,
welfare and enforcement control. Not withstanding any other provision. law enforcement officers
are authorized to use reasonable force and control when needed to protect the health and safety
of persons or property and to enforce criminal laws.
(Ord. No. 90-30, S 18(A), 2-13-90; Ord. No. 92-153, S 28(A), 11-17-92)
SECTION 12. Chapter 4, Article II, Section 4-42, of the Federal Way City is hereby
repealed as follows:
4 42 "'arrant required for entry.
Ordinance No. 08-
Page 7 of 20
The director of animal control authority or authorized animal control officer and city lav.'
enforcemoot officers shall not enter a building designated for and 1:lSed f-or pri'late purposes,
unless a proper warrant has first been issued upon a sho'.ving that the officer has reasonable cause
to belie'le an animal is being maintained in the building in violation of this chapter. The director
of the animal control authority and authorized animal control officers aRd city la'N enforcement
officers, while pursuing any animal observed by the officer to be in violation of this chapter, may
enter upon any building designated for and used for private purposes, f-or the purpose of abating
the animal violation being pursued or observed. (Ord. No. 90 30, ~ 18(B), 2 13 90; Ord. No. 92
153, ~ 28(B), 11 17 92)
SECTION 13. Chapter 4, Article II, Section 4-56, of the Federal Way City Code shall be
amended to read as follows:
4-56 Disposition of certain animals.
Any dog or other animal, except vicious or dangerous animals included in FV1CC Ull through
1111 and iJEi through .1J12, which bites, attacks, or attempts to bite one or more persons two
or more times within a two-year period is declared to be a public nuisance. Such animal aRd shall
be removed from the city within 48 hours after receiving written notice from the director or
authorized animal control officer and shall not be kept in the city. Any Saeh-animal found in
violation ofthis section will be is subiect to impoundment impounded and the owner or keeper of
such animal shall have no right to redeem such animal. The animal shall be disposed of pursuant
to F\VCC ~ as an UIlI'edeemed animal.
(Ord. No. 90-30, ~ 19(C), 2-13-90; Ord. No. 92-153, ~ 29(C), 11-17-92)
SECTION 14. Chapter 4, Article II, Section 4-57, of the Federal Way City Code shall be
amended to read as follows:
4-57 Abatement of public nuisance- Removal from city.
(a) Any animal constituting a public nuisance as provided in FWCC ~ through .iill shall
be abated and removed from the city by the owner or by the director of the animal control
authority or authorized animal control officer, upon receipt by when the owner ef has received
three notices and orders of violation in anyone-year period that are either not appealed or no
relief is obtained from any appeal.
(b) "!here it is established by record pursuant to this division aRd no finding was entered
shO\ving that the ovmer will be able to provide reasonable restraints to protect the public from
repeat '.'iolations, Unless otherwise ordered after a hearing. the director of the animal control
authority shall notify and direct the owner of the animal to abate or remove the animal from the
city within 96 hours from the date of notice. If such animal is found to be within the confines of
the city after 96 hours have elapsed from the date of notice, the animal shall be abated and
removed impounded by the director of the animal control authority. Animals removed
impounded pursuant to the provisions of this section shall be removed from the city or be
subjected to euthanasia by the animal control authority.
(Ord. No. 90-30, ~ 19,2-13-90; Ord. No. 92-153, ~ 29(B), 11-17-92)
Ordinance No. 08-
Page 8 of 20
SECTION 15. Chapter 4, Article II, Section 4-58, of the Federal Way City Code shall be
amended to read as follows:
4-58 Violations- Commencement of proceedings.
Unless otherwise provided bv this chapter, whenever Whenever the director or authorized animal
control officer has found an animal maintained in violation of this chapter, the director of the
animal control authority shall commence proceedings to cause the abatement of eaeh the
violation or the animal; provided, that the abatement and removal procedures of F\VCC !J1.2
shall apply to '{ieious animals or dangerous dogs.
(Ord. No. 90-30, SS 19(A), 25(A), 2-13-90; Ord. No. 92-153, SS 29(A), 39(A), 11-17-92)
SECTION 16. Chapter 4, Article III, Section 4-106, ofthe Federal Way City Code shall
be amended to read as follows:
4-106 License requirements.
All dogs and cats eight weeks and over which are harbored, kept or maintained with the city shall
be licensed and registered annually; provided, that an altered two-year license may be purchased.
This section shall not apply to dogs used by any eity police agency fef or other any governmental
law enforcement agency for police work.
(Ord. No. 90-30, S 3, 2-13-90; Ord. No. 92-153, S 5(A), 11-17-92)
SECTION 17. Chapter 4, Article N, Section 4-121, of the Federal Way City Code shall
be amended to read as follows:
4-121 Dangerous dogs prohibited.
(a) It is unlawful to own or possess a dangerous dog within the city limits of the city of Federal
Way. For the purpose of this provision, "dangerous dog" shall be defined by FV1CC -1 1 and
RC\V 16.08.070.
(b) Upon final designation of a dog as a dangerous dog, the dog must either be surrendered to the
animal control authority or be removed from the city limits of Federal Way within 72 hours of
the designation by the owner or keeper ofthe dog.
(c) Any violation Violation of this section shall be is a gross misdemeanor, punishable by up to
one year in jail and a fine of up to $5,000.
(d) Owners or keepers of dangerous dogs shall be strictly liable for any damage caused by the
dangerous dogs.
SECTION 18. Chapter 4, Article IV, Section 4-122, of the Federal Way City Code shall
be amended to read as follows:
4-122 Exception.
Ordinance No. 08-
Page 9 of 20
A dog shall not be considered a dangerous dog under this article if. at the time the threat, injury
or damage was sustained by a person. the person v/ho, at the time, was committing a wilful
willful trespass or other tort upon the premises occupied by the owner of the dog, ef was
tormenting, abusing or assaulting the dog~ or has in the past been observed or reported to haye
tormented, abused or assaulted the dog or was committing or attempting to commit a crime. A
dog shall not be considered a dangerous dog under this article if the person iniured has in the past
been observed or reported to have tormented. abused or assaulted the dog.
(Ord. No. 90-30, S 2(E), 2-13-90; Ord. No. 92-153, S 2(G), 11-17-92)
SECTION 19. Chapter 4, Article IV, Section 4-123, of the Federal Way City Code shall
be amended to read as follows:
4-123 Confiscation.
Any A dog shall be immediately confiscated by the animal control authority if the dog has been
deemed a dangerous dog._as defined by F\VCC U or RC'N 16.08.070 and the owner has
received notice under this chapter. King County Code Chapter 11. or RCW 16.08.080-,-and has
either failed to appeal or has been denied relief following appeal-,- l:H1:der this ehapter. If the
dangerous dog designation is l:Hlder appeal at the time of confiscation, the dog shall remaiR
confined at the o':mer's expoose '.vhile the appeal is pending. A dog may be impounded if the
animal control authority has deemed it a dangerous dog prior to final determination. Any
dangerous dog impounded or confiscated under this section prior to final determination. will be
held at the owner's expense pending appeal of the classification or violation-=-; l:lpOR Upon final
determination it may be disposed of and the owner has no right to redeem such dog. However,
upon showing of good cause and by in the sound discretion of the animal control authority, the
dog may be released to the owner for removal from within the city limits. In additioR, the owner
shall, upon con'liction, be guilty of a gross misdemeanor punishable as provided in RC\V
9<'\.20.021.
(Ord. No. 90-30, S 33(C), 2-13-90; Ord. No. 92-153, S 47(C), 11-17-92; Ord. No. 06-527, S 5,6-
20-06. Formerly 4-124)
SECTION 20. Chapter 4, Article IV, Section 4-124, of the Federal Way City Code is
hereby repealed as follows:
4 124 Ceneral provisions.
The following state statl:ltes, including all future amendments, additions or deletions, are adopted
by reference:
(1) RCV116.08.020, Dogs injuring stock may be killed.
(2) RC'N 16.08.030, Marauding dog Duty of owner to kill. (Ord. No. 01 391, ~ 2, 6 19 01;
Ord. No. 06 527, ~ 6, 6 20 06. Formerly 1 125)
Ordinance No. 08-
Page 10 of20
SECTION 21. Chapter 4, Article V, Section 4-147, of the Federal Way City Code shall
be amended to read as follows:
4-147 Running at large.
W Any dog running at large within the city is a public nuisance. The oV/ner or keeper of a dog
shall not permit such dog to run at lm-ge within the eity. A dog is running at lm-ge and is a
nuisance eyen ifthe dog is accompanied by the owner or custodian, ifit is not secured by a leash.
The only allowable exceptions to this section are when an ovmer or custodian is training or
exercising a dog on his or her ovm property, on the property of another person with the
permission of the owner of the property, on public property designated to allow dog competition
sanctioned by national organizations, or in the designated off leash m-ea_ within French Lake
Pm-k. The hours of French Lake Park shall be 7:00 a.m. to dusk e~(Cept for the months of May
through f..ugust ,,'{hen the hours shall be 7:00 a.m. to 9:00 p.m. This section does not apply when
the dog is on the property of another person with the permission of the owner of the property; on
public property designated to allow dog comvetition sanctioned by national organizations; at
animal shows. exhibitions or organized dog-training classes where at least 24 hours' advance
notice has been given to the animal control authority; or in the designated off-leash area within
French Lake Park during designated times.
(b) Any domesticated animal, whether licensed or not, which runs at lm-ge in any pm-k, other than
the designated off leash m-ea v/ithin French Lake Park, or enters any p1:1blie beach, pond, fountain
or stream therein, or upon any pub lie playground or school ground is declm-ed to be a nuisance.
This subsection shall not prohibit a person from walking or exercising an animal in a public pm-k
or on any public beach when such animal is on a leash, tether or chain. not to exeeed 20 f~et in
length. This subsection shall not apply to any blind person using a trained seeing eye dog, animal
shows, exhibitions or organized dog training classes where at least 21 hours' advance notice has
been given to the animal control authority by such persons requesting to hold such animal shows,
exhibitions or dog training classes.
(Ord. No. 90-30, 99 2(Q), 20(B), 2-13-90; Ord. No. 92-153,992, 30(B), (C), 11-17-92; Ord. No.
05-495, 9 1, 7-5-05; Ord. No. 06-530, 92,8-1-06)
SECTION 22. Chapter 4, Article V, Section 4-148, of the Federal Way City Code shall
be amended to read as follows:
4-148 Presence in food establishments.
The owner or keeper shall not allow an An animal to enter that enters any place where food is
stored, prepared, served or sold to the public, or any other public building or hall, and any such
animal is declared to be a public nuisance. This section shall not apply to any blind person using
a trained seeing eye dog, veterinary offices or hospitals, or ~animal shows, exhibitions or
organized dog-training classes where at least 24 hours' advance notice has been given to the
animal control authority by such persons requesting to hold such animal shows, exhibitions or
dog training classes.
(Ord. No. 90-30, 9 20(D), 2-13-90; Ord. No. 92-153, 9 30(D), 11-17-92)
Ordinance No. 08-
Page 11 of20
SECTION 23. Chapter 4, Article V, Section 4-149, of the Federal Way City Code shall
be amended to read as follows:
4-149 Female dogs in heat.
The OViller or keeper of a A.,female dog domesticated animal whethor licensed or not, while in
heat, shall preyent such animal from being accessible to other male animals, except for purposes
othor than controlled and planned breeding is a public nuisance.
(Ord. No. 90-30, S 20(E), 2-13-90; Ord. No. 92-153, S 30(E), 11-17-92)
SECTION 24, Chapter 4, Article V, Section 4-150, of the Federal Way City Code shall
be amended to read as follows:
4-150 Chasing vehicles.
A. domestieated An animal which chases, runs after~ or jumps at vehicles using the public streets
and alleys is deelared to be a public nuisance.
(Ord. No. 90-30, S 20(F), 2-13-90; Ord. No. 92-153, S 30(F), 11-17-92)
SECTION 25. Chapter 4, Article V, Section 4-151, of the Federal Way City Code shall
be amended to read as follows:
4-151 Growling, jumping, etc.- Animals.
/\. domesticated An animal which habitually on more than one occasion snaps, growls, snarls,
jumps upon or otherwise threatens persons lawfully using the public sidewalks, streets, alleys or
other public ways is declared to be a public nuisance.
(Ord. No. 90-30, S 20(G), 2-13-90; Ord. No. 92-153, S 30(G), 11-17-92)
SECTION 26. Chapter 4, Article V, Section 4-152, of the Federal Way City Code shall
be amended to read as follows:
4-152 Vicious animals.
fat Any animal which has exhibited vicious propensities and which constitutes a danger to the
safety of persons or property off the premises of its owner or lawfully on such premises is
declared to be a public nuisance.~A vicious animal or animal with vicious propensities which
runs at large at any time, or such an animal off the owner's premises not securely leashed eH-a
line or confined and in the control of a person of suitable age and discretion to control or restrain
such an animal is horeby declared to be a ~ublic nuisance.
(c) In addition to other remedies and penalties, the proyisions of this chapter relating to yicious
or dangerous animals shall apply.
(Ord. No. 90-30, S 20(H), (1), 2-13-90; Ord. No. 92-153, S 30(H), (1), 11-17-92)
Ordinance No. 08-
Page 12 of20
SECTION 27. Chapter 4, Article V, Section 4-153, of the Federal Way City Code shall
be amended to read as follows:
4-153 Noisy animals.
.Any domesticated An animal which howls, yelps, whines, barks or makes other oral noises, in
such a manner as to disturb any person or neighborhood to an unreasonable degree, is hereby
declared to be a public nuisance.
(Ord. No. 90-30, 9 20(J), 2-13-90; Ord. No. 92-153, 9 30(J), 11-17-92)
SECTION 28. Chapter 4, Article V, Section 4-154, of the Federal Way City Code shall
be amended to read as follows:
4-154 Other nuisances.
The following are declared to be public nuisances:
(1) Any domesticated animal which enters upon another person's property without the
permission of that person;
(2) Animals staked, tethered or kept on public property without prior written consent of the
animal control authority;
(3) Animals on any public property or not under the control of the owner or other competent
person;
(4) Animals kept, harbored or maintained and known to have a contagious disease unless under
the treatment of a licensed veterinarian; or
(5) Animals running in packs.
(Ord. No. 90-30, 9 20(K) - (0), 2-13-90; Ord. No. 92-153, 9 30(K) - (0), 11-17-92)
SECTION 29. A new section is added to Chapter 4, Article V, of the Federal Way City
Code to read as follows:
4-155 Owners shall not allow nuisances
The owner of any animal shall not allow such animal to be or become a public nuisance. do any
act deemed a public nuisance. or otherwise violate this chapter,
SECTION 30. A new section is added to Chapter 4, Article V, of the Federal Way City
Code to read as follows:
4-156 D02S in plaY2rOunds
Any animal which enters a public playground or school ground without permission from the
school is declared to be a public nuisance.
Ordinance No. 08-
Page 13 of20
SECTION 31. A new section is added to Chapter 4, Article V, ofthe Federal Way City
Code to read as follows:
4-157 Exemption for service animals
This article does not apply to service animals.
SECTION 32. Chapter 4, Article VI, Section 4-176, of the Federal Way City Code shall
be amended to read as follows:
4-176 Compliance required.
An animal declared by the director to be vicious may be kept, harbored or maintained in the
city only upon compliance with the requirements prescribed by the director and the requirements
ofFWCC 4-152.
(Ord. No. 90-30, g 32(A), 2-13-90; Ord. No. 92-153, g 46(A), 11-17-92)
SECTION 33. Chapter 4, Article VI, Section 4-179, ofthe Federal Way City Code shall
be amended to read as follows:
4-179 Violations.
Failure to comply with any requirement prescribed by the director pursuant to this article
constitutes a misdemeanor. The animal shall not be kept in the eity 48 hours after receiving
written notice from the director. The An animal kept or found in violation of this article ~
subiect to imlloundment by the animal control authority. will be impounded and disposed of
pursuant to F'NCC ~ as an utH"edeemed animal, and the owner or keeper of such animal has
no right to redeem such animal.
(Ord. No. 90-30, ~ 32(B), 2-13-90; Ord. No. 92-153, ~ 46(B), 11-17-92)
SECTION 34. Chapter 4, Article VII, Section 4-202, of the Federal Way City Code shall
be amended to read as follows:
4-202 Quarantine order.
Whenever the director of the Seattle-King County department of public health has cause to
suspect that an animal capable of transmitting rabies is infected with such disease, he or she shall
order a period of quarantine of not less than 10 days. The director of the Seattle-King County
department of public health shall notify in writing the owner or keeper of the infected animal of
such quarantine order. The infected animal shall be quarantined by the animal control authority
in its shelter or upon the premises of the owner or licensed veterinarian where conditions of
quarantine are strictly kept. The place of quarantine shall be at the discretion of the director of
the Seattle-King County department of public health, unless the animal had been exposed to
rabies by contact, in which case FWCC 4-205 shall apply. Delivery of a copy of such quarantine
order to some person of suitable age and discretion residing upon the premises where such
animal is found shall be notice of such quarantine. Good cause for such order of quarantine shall
Ordinance No. 08-
Page 14 of20
include, but is not limited to, evidence that such animal has bitten, or that there is reasonable
certainty that such animal has bitten, a human being. During the period of quarantine, the
officers, agents and employees of the animal control authority, and the other police officers, are
authorized to enter any premises for the purpose of apprehending any such animal and
impounding same, except where kept upon the premises of the owner or licensed veterinarian as
above provided.
(Ord. No. 90-30, S 34(A), 2-13-90; Ord. No. 92-153, g 48(A), 11-17-92)
SECTION 35. Chapter 4, Article VII, Section 4-203, of the Federal Way City Code shall
be amended to read as follows:
4-203 Notice of rabies hazard- Quarantine period.
Whenever the director of the Seattle-King County department of public health determines that
rabies is currently a hazard to the public health in the city by reason of the fact that a case of
rabies has been diagnosed in any animal, he or she shall cause a notice of such hazard to be
published in a newspaper of general circulation in the area for three successive days, which
determination and notice shall declare the quarantine period and area. The quarantine period
shall be 30 days after the last publication of notice; and it is a misdemeanor and is unlawful for
any owner, or person entitled to custody of such animal, to keep or harbor any animal capable of
transmitting rabies unless securely confined by a leash or tight enclosure from which it cannot
escape. Any animal capable of transmitting rabies found running at large during such period
shall be impounded and humanely destroyed by order of the director of the Seattle-King County
department of public health or his or her designee. If apprehension and impounding by safe
means is not possible, such animal may be destroyed summarily. Such director of the Seattle-
King County department of public health may extend any such quarantine period if deemed
necessary by like additional determinations and notices.
(Ord. No. 90-30, S 34(B), 2-13-90; Ord. No. 92-153, S 48(B), 11-17-92)
SECTION 36. Chapter 4, Article VII, Section 4-204, of the Federal Way City Code shall
be amended to read as follows:
4-204 Violation of quarantine.
It is unlawful for any owner or person charged with the custody of any animal subject to a
quarantine defined in this section under this article to permit any such animal to come in contact
with any other animal or person or to run at large or to be removed from any quarantine premises
without the consent of the director of the Seattle-King County department of public health ef
public health.
(Ord, No. 90-30, g 34(C), 2-13-90; Ord. No. 92-153, S 48(C), 11-17-92)
Ordinance No. 08-
Page 15 of20
SECTION 37. Chapter 4, Article VII, Section 4-205, ofthe Federal Way City Code shall
be amended to read as follows:
4-205 Destruction of infected animals.
Any. animal bitten by an animal found to be rabid by appropriate laboratory tests shall be
destroyed by order of the director of the Seattle-King County department of public health e.f
public health.
(Ord. No. 90-30, S 34(D), 2-13-90; Ord. No. 92-153, S 48(D), 11-17-92)
SECTION 38. Chapter 4, Article VII, Section 4-206, of the Federal Way City Code shall
be amended to read as follows:
4-206 Vaccination order.
Whenever the director of the Seattle-King County department of public health, by order
published in a newspaper of general circulation in the area for three successive days, determines
that conditions exist as indicated in FWCC 4-203 in a specified area wherein it is necessary for
the protection of the public health that animals capable of transmitting rabies be vaccinated
within 30 days with antirabies vaccine, he or she shall order that all such animals four months
old or over shall be so vaccinated or humanely destroyed at the option of the owner or keeper. It
is a misdemeanor and is unlawful for any owner, or person charged with the custody of such
animal, to fail or refuse to procure the vaccination within such time.
(Ord. No. 90-30, S 34(E), 2-13-90; Ord. No. 92-153, S 48(E), 11-17-92)
SECTION 39. Chapter 4, Article VIII, Section 4-226, of the Federal Way City Code shall
be amended to read as follows:
4-226 Authorized.
The director of animal control and his or her authorized representatives may apprehend impound
any animal deemed to be a public nuisance. subiect to cruel treatment. or as otherwise authorized
in this chapter. found doing any ofthe acts defined as publie nuisances in FWCC ti.1Q et seq. or
being subject to cruel treatment under this chapter. Except as otherwise provided in this chapter.
FWCC .12, after such animals are apprehended, the animal control authority shall ascertain
whether they impounded animals are licensed, or otherwise identifiable. If reasonably possible,
Except as otherwise provided in this chapter. the animal control authority shall return the animal
to the owner together with a notice of violation of this chapter. if reasonably feasible. If an
animal is not returned it is not reasonably possible to immediately return a eurrent:ly licensed
animal to its owner, the animal control authority shall notify the owner within a reasonable time
by regular mail or telephone that the animal has been impounded and may be redeemed. Any
currently licensed animal impounded pursuant to this article shall be held for the o':mer at least
120 hours after telephone contact by the impounding agency or for at least two weeks after
posting of the notification of impoundment by regular mail; any other animal impoooded
pursuant to this chapter shall be held for its O'Nner at least 72 hours from tho time of
impoundment.. Ifthe animal control authority is unable to ascertain the animal's owner the
Ordinance No. 08-
Page 16 of20
animal shall be held at least 72 hours from the time of impoundment. Tho co1:lflty shall not soIl
any animals to research institutes or licensed dealers for research purposes. Any animal suffering
from serious inj1:lf)' or disease may be humanely destroyed, or, in the discretion of the
impoooding authority, may be held for a longer period and redeemed by any person on payment
of charges not exceeding those prescribed herein.
(Ord. No. 90-30, ~ 21 (A), 2-13-90; Ord. No. 92-153, ~ 31(A), 11-17-92)
SECTION 40. Chapter 9, Article N, Section 9-156, of the Federal Way City Code is
hereby repealed as follows:
9 156 Definitions.
The definitions under Chapter 1, }..nimals, shall apply thr01:lghout this ~'\r1:icle.
(Ord. No. 90 30, ~ 2(C), (D), (H), (1), (K), (M), (P), (R), 2 i3 90; Drd. No. 92 153, ~ 2, 11
17 92)
SECTION 41. Chapter 9, Article IV, Section 9-169.1, ofthe Federal Way City Code shall
be amended to read as follows:
9-169.1 Special hobby kennel license.
(a) Persons owning a total number of dogs and cats exceeding three, who do not meet the
requirements for a hobby kennel license, may be eligible for a special hobby kennel license to be
issued at no cost by the animal control authority which will allow them to retain the specific
animals then in their possession; provided, that the following conditions are met:
(1) The applicant must--awJy have applied for the s~ecial hobby kennel license and individual
licenses for each dog and cat prior to December 17t , 1992 within 30 days of the enactment of
Ordinance No. 92 153, or at the time they arc contacted by an animal control officer, King
County license inspector, King County pet license eanyasser, or the city of Federal 'Nay.
(2) The applicant is keeping the dogs and cats for the enjoyment of the species, and not as a
commercial enterprise.
(b) The special hobby kennel license shall only be valid for those specific dogs and cats in the
possession of the applicant at the time of issuance, and is intended to allow pet owners to possess
animals beyond the limits imposed by this article and Chapter .4. FWCC until such time as the
death or transfer of such animals reduces the number possessed to the legal limit set forth in this
article and Chapter.4. FWCC.
(c) The director of animal control may deny any application for a special hobby kennel license
or revoke such license based on past or present animal control code violations by the applicant's
dogs and cats, or complaints from neighbors regarding the applicant's dogs and cats; or if the
animal(s) is maintained in inhumane conditions.
(Ord. No. 92-153, ~ 13, 11-17-92)
Ordinance No. 08-
Page 17 of20
SECTION 42. Chapter 9, Article IV, Section 9-186, of the Federal Way City Code shall
be amended to read as follows:
9-186 Hobby kennels or hobby cattery.
(a) Limitation on number of dogs and cats allowed. The director may limit the +he total
number of dogs and cats over six months of age kept by a hobby kennel or hobby cattery based
on the following guidelines:
(1) Animal size;
(2) Type and characteristics of the breed;
(3) The amount oflot area; provided, that the maximum number shall not exceed 25 where the
lot area contains five acres or more; the maximum number shall not exceed 10 where the lot area
contains 35,000 square feet but less than five acres and tho maximum numbor shall not exceed
fiye v/hero the lot area is less than 35,000 squaro foot;
(4) The facility specifications/dimensions in which the dogs and cats are to be maintained;
(5) The zoning classification in which the hobby kennel or hobby cattery would be maintained.
(b) Limitation on reproduction. The hobby kennel or hobby cattery shall limit dog and cat
reproduction to no more than one litter per license year per female dog and two litters per license
year per female cat.
(c) Limitation on advertising. The hobby kennel or hobby cattery shall not have signs, displays
or other visual representations not already permitted in the zone.
(d) Immunization. Each dog and cat in the hobby kennel or hobby cattery shall have current
and proper immunization from disease according to the dog's and cat's species and age. Such
shall consist of DHLPP inoculation for dogs over three months of age and FVRCP for cats over
two months of age, and rabies inoculations for all dogs and cats over six months of age.
( e) License issuance and maintenance. Only when the director is satisfied that the
requirements of this chapter and King County Code Section 11.04.060(C)(1) through (5) have
been met, a hobby kennel or hobby cattery license may be issued. The license will continue in
full force throughout the license year unless, at any time, the hobby kennel or hobby cattery is
maintained in such a manner as to:
(1) Exceed the number of dogs and cats allowed at the hobby kennel or hobby cattery by the
animal control authority.
(2) Fail to comply with any of the requirements of King County Code Section l1.04.060(C)(1)
through (5).
(f) Compliance. All hobby kennel and hobby catteries shall comply with the provisions of
FWCC .2..JJi2, ~ through 9 190, this chapter and any applicable zoning regulations including
Chapter 19.260 FWRC.
(Ord. No. 90-30, S WeB) - (G), 2-13-90; Ord, No. 92-153, S 12(B) - (G), 11-17-92)
SECTION 43. Severability. Should any section, subsection, paragraph, sentence,
clause, or phrase of this chapter, or its application to any person or situation, be declared
Ordinance No. 08-
Page 18 of20
unconstitutional or invalid for any reason, such decision shall not affect the validity of the
remaining portions of this chapter or its application to any other person or situation. The City
Council ofthe City of Federal Way hereby declares that it would have adopted this chapter and
each section, subsection, sentence, clauses, phrase, or portion thereof, irrespective ofthe fact that
anyone or more sections, subsections, sentences, clauses, phrases, or portions be declared
invalid or unconstitutional.
SECTION 44. Concurrent Legislation. Currently pending ordinances or resolutions may
amend the same sections as does this one; changes made in this ordinance are intended to be in
addition to any changes made by any other ordinance or resolution, this ordinance is not intended
to repeal, reenact, or modify portions of the section that are enacted, repealed, or modified by
any other ordinance or resolution.
SECTION 45. Corrections. The City Clerk and the codifiers ofthis ordinance are
authorized to make necessary corrections to this ordinance including, but no limited to, the
correction of scrivener/clerical errors, references, ordinance numbering, section/subsection
numbers and any references thereto.
SECTION 46. Ratification. Any act consistent with the authority and prior to the
effective date of this ordinance is hereby ratified and affirmed.
SECTION 47. Effective Date. This ordinance shall take effect and be in force thirty
(30) days from and after its passage and publication, as provided by law.
PASSED by the City Council of the City of Federal Way this
,200_
day of
CITY OF FEDERAL WAY
Ordinance No. 08-
Page 19 of20
MAYOR, JACK DOVEY
ATTEST:
CITY CLERK, CAROL MCNEILLY, CMC
APPROVED AS TO FORM:
CITY ATTORNEY, PATRICIA A. RICHARDSON
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.:
Ordinance No. 08-
Page 20 of 20
-~~~~~-~~~!~~."?~!~:__J?~~_~~_1~~~_t~~2~_~~_J~\UC~_UJ~~
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
~.-ct.
ITEM #: ?)if.
SUBJECT: An Ordinance Addressing Amendments Relating To Definitions In The Federal Way City Code
POLICY QUESTION: SHOULD THE CITY COUNCIL PASS AN ORDINANCE ADDRESSING AMENDMENTS
RELA TlNG To DEFINITIONS IN THE FEDERAL WAY CITY CODE?
COMMITTEE: Land Userrransportation Committee
MEETING DATE: Nov. 17th, 2008
CATEGORY:
D Consent
D City Council Business
~ Ordinance
D Resolution
D
D
Public Hearing
Other
~!~_F.:_F.:_~!9RT_!!Y~_~Q~_~~~_~,_~E~T:!:~~!!Y__A ~'IO~E~__________~~~PT: ~~~______________________
Staff is finalizing the reorganization of the Federal Way City Code into the Federal Way Revised Code. During
the process Staff has discovered a number issues relating to definitions including opportunities to simplify
definitions; correct typographical errors, citation errors, modify organization; eliminate redundancies;
consolidate definitions; move regulations to regulatory sections; add cross references; and make
definitions more consistent with state law and other provisions. Concurrently with this ordinance staff will
present a resolution on the re-codification of the Code. Both of these will be presented to planning commission
and each Council Committee.
Attachments: Staff report, Ordinance.
Options Considered: 1. Recommend approval of the Ordinance and fOlWard to the full Council on
December 2nd.
2. Modify the proposed Ordinance and fOlWard to the full council for first reading.
3. Do not approve the proposed Ordinance.
-----.-------------.----------..--.--.--------.-------...----.-----------..-
STAFF RECOMMENDATION: Approve Option 1.
CITY MANAGER ApPROVAL: @
Co lttee
DIRECTOR APPROVAL: P A1L
Committee
IAR-
Council
COMMITTEE RECOMMENDATION:
Committee Chair
~.~
ommittee Member
E)(&~
PROPOSED COUNCIL MOTION: HI move to forward the ordinance to a second reading for enactment on the
January (/h consent agenda".
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
o APPROVED
o DENIED
o TABLEDIDEFERREDINO ACTION
~ MOVED TO SECOND READING (ordinances only)
REVISED - 0210612006
COUNCIL BILL If.
1ST reading
Enactment reading
ORDINANCE If.
RESOLUTION If.
~..t '.~"-
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, RELATING TO LAND USE RELATED DEFINITIONAL
AMENDMENTS ADDING SECTIONS, AMENDING SECTIONS, AND
REPEALING SECTIONS IN CHAPTERS 5, 11, 12, 13, 15, 16, 18, 19, 20, 21, AND
22 OF THE FEDERAL WAY CITY CODE.
WHEREAS, the City of Federal Way is in the process of re-codifying and reorganizing the Federal
Way City Code (FWCC) into the Federal Way Revised Code (FWRC) and through this process has found
redundant sections and language as well as unclear sections, inaccurate sections, and other sections that
could be revised for better readability and workability; and definitions and related regulations can be
simplified and consolidated;
WHEREAS, certain Code provisions need to be modified to coordinate with state and county law
requirements in areas of definitions;
WHEREAS, none of the changes to the FWCC contained in this ordinance are intended to change
numbering or formatting changes that occur pursuant to the reorganization of the Code and;
WHEREAS, the City Council of the City of Federal Way finds it in the best interest of the City to
update its code, and amending these sections bears a substantial relation to public health, safety, or
welfare of the people of Federal Way; is consistent with the applicable provisions of the comprehensive
plan; and is in the best interest of the residents of the city;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, DO ORDAIN AS FOLLOWS:
SECTION 1. Chapter 5, Article XI, Section 5-340 of the Federal Way City Code shall be amended to
read as follows:
5-340 Definitions.
The following words, terms ond phrases, when used in this division, shall have the meanings ascribed to
them in this section, except where the context clearly indicates a different meaning: The definitions in this
section apply throughout this article unless the context clearly requires otherwise. Terms not defined here
are defined according to FWCC 1-2.
Ordinance No. 08-
Page I of90
Board of appeals shall mean means the hearing examiner appointed by the city pursuant to process I
of Chapter II FWCC, Zoning.
Fire detection system shall mean means a heat afldfor smoke detection system monitored by a central
afldfor remote station conforming to the current requirements of the National Fire Protection Association
standards andfer-the fire chief or designee.
Fire sprinkler system shall mean means an integrated system of piping connected to a water supply
with sprinklers which will automatically initiate water discharge over a fire, conforming to the current
requirements of the National Fire Protection Association standards andkf the fire chief or designee.
Life safety/rescue access shall mean means an unobstructed access to all floor levels and each roof
level of a building on not less than 20 percent of the building perimeter by utilizing a 35-foot ladder.....QLo
.\11 altcrnate method ,-,,'ould be at least one stairway enclosure with exit doorways from each floor level
and with a door opening onto each roof level which conforms to the requirements of the International
Building Code. (Ord. No. 90-33, S 67,2-13-90; Ord. No. 92-127, S 5,2-4-92; Ord. No. 99-340, S 5, 5-4-
99)
SECTION 2. Chapter 11, Article III, Section 11-51, of the Federal Way City Code (FWRC 4.05.010)
shall be amended to read as follows:
11-51 IFWRC 4.05.010] Definitions.
The following words, terms and phrases, 'Nhen used in this article, shall have the meanings ascribed to
them in this section, except '.",here the context clearly indicates a different meaning: The definitions in this
section apply throughout this article r chapter] unless the context clearly requires otherwise. Terms not
defined here are defined according to FWRC 4.03.010 or in FWCC 1-2 in that order.
~Director:": shall mean means the city director of the parks~ and recreation, and Cultural Services
department or a designated employee of the parks that department.
~Park:": shall mean and include includes any all public parks, public squares, golf courses, bathing
beaches~ QLand play and recreation grounds within the city limits, regardless of ownership-;~ and also
includes any all city sports fields, or any and city leased or rented school or private property when the
same are being used forrecreation. (Ord. No. 91-82, S 1(1)(B), 1-8-91; Ord. No. 01-396, S 1,7-3-01)
SECTION 3. Chapter 12, Article I, Section 12-1, of the Federal Way City Code shall be amended to
read as follows:
12-1 Definitions.
The following words, terms and phrases, when used in this chapter, shall ha'le the meanings ascribed to
them in this section, except '.vhere the context clearly indicates a different meaning: The definitions in this
section apply throughout this article unless the context clearly requires otherwise, Terms not defined here
are defined according to FWCC 1-2.
Administrator means the official of the city holding the office of public works director, or his or her
designated representative.
Ancillary disposal provider means those persons that offer delivery, maintenance or clean-up services
that by their nature include a disposal function. lJ1cillary disposal providers must provide a legitimate
service other than garbage collection and disposal services equi','alent to those provided by a city
contracted service provider. Examples of ancillary disposal providers include, but are not limited to:
businesses that deliver new appliances, carpets or other furnishings and remove and dispose of the
replaced item; contractors that self-haul construction and demolition wastes that they produce during the
course of their regular business activities; and clean-up services that include a container or truck loading
function in addition to hauling and disposal.
Ordinance No. 08-
Page 2 0(90
Cart means a city-approved wheeled plastic container that is designed for and used with a hydraulic
lifting mechanism, with 35, 64 or 96 gallons of capacity; weighing not over 35 pounds when empty or 50
pounds per 32-gallon capacity when full; fitted with a sturdy handle and a cover; rodent and insect
resistant; and capable of holding collected liquids without spilling when in an upright position.
City means the city of Federal Way, located in King County, 'Nashington.
Commercial customer means a nonresidential customer, including but not limited to businesses,
institutions and governmental agencies and all other similar users of nonresidential garbage collection
servIces.
Curb or curbside means on the homeowners' property, within five feet of the public street without
blocking sidewalks, driveways or on-street parking. If extraordinary circumstances preclude such a
location, curbside shall be considered a placement suitable to the resident, convenient to the service
provider's equipment, and mutually agreed to by the city and service provider.
Detachable container means a watertight metal or plastic container equipped with a tight-fitting cover,
capable of being mechanically unloaded into a collection vehicle, and which is not less than one cubic
yard nor greater than eight cubic yards in capacity.
Drop-box container means an all-metal container with 10 cubic yards or more capacity that is loaded
onto a specialized collection vehicle, transported to a disposal or recycling site, emptied and capable of
then being transported back to the customer's site.
Extra unit means an additional quantity of garbage or yard debris set out next to the customer's
regular garbage or yard debris container. In the case of can or cart garbage service, an extra unit shall be
the equivalent of 32 gallons of material. In the case of cart yard debris service, an extra unit shall equal 96
gallons of material and not more than 65 pounds of material. In the case of detachable container garbage
or yard debris service, an extra unit shall be the equivalent of one cubic yard of material.
Garbage means all putrescible and nonputrescible solid and semi-solid wastes, including, but not
limited to, rubbish, ashes, industrial wastes, swill and discarded commodities and non-source-separated
construction/demolition materials that are placed by customers of the service provider in appropriate bins,
bags, cans or other receptacles for collection and disposal by the service provider. The term garbage shall
not include hazardous wastes, source-separated materials, recyclables or yard debris.
Garbage can means a city-approved watertight galvanized sheet metal or plastic container not
exceeding four cubic feet or 32 gallons in capacity; weighing not over 15 pounds when empty or 50
pounds when full; fitted with two sturdy handles, one on each side; and fitted with a tight cover equipped
with a handle.
Hazardous waste means any substance that is:
(1) Defined as hazardous by 40 CFR Part 261 and regulated as hazardous waste by the United
States Environmental Protection Agency under Subtitle C of the Resource Conservation and Recovery
Act (RCRA) of 1976,42 USC 6901 et seq., as amended by the Hazardous and Solid Waste Amendments
(HSW A) of 1984; the Toxic Substances Control Act, 15 USC 2601 et seq.; or any other federal statute or
regulation governing the treatment, storage, handling or disposal of waste imposing special handling or
disposal requirements similar to those required by Subtitle C of RCRA; or
(2) Defined as dangerous or extremely hazardous by Chapter 173-303 WAC and regulated as
dangerous waste or extremely hazardous waste by the Washington State Department of Ecology under the
State Hazardous Waste Management Act, Chapter 70.105 RCW, or any other Washington State statute or
regulation governing the treatment, storage, handling or disposal of wastes and imposing special handling
requirements similar to those required by Chapter 70.1 05 RCW;
(3) Jilly substance that after the effective date of the contract "lith the service provider comes
within the scope of this definition as determined by the city. Like'.vise, any substance that after the
effective date of the contract with the service proyider ceases to fall within this definition as determined
by the city shall not be deemed to be hazardous waste. Uncontaminated waste motor oil put out for
collection by residential customers for recycling is not shall not be deemed to be hazardous waste.
Ordinance No. 08-
Page 3 of90
King County Disposal System means the areas owned, leased or controlled by the King County Solid
Waste Division, King County, Washington (per the County Interlocal Agreement) for the disposal of
garbage, or such other site as may be authorized by the King County Comprehensive Solid Waste
Management Plan and approved by the city.
Micro-can means a watertight galvanized sheet-metal or plastic container not exceeding 10 gallons in
capacity or 15 pounds in weight when full; fitted with two sturdy handles, one on each side; and fitted
with a tight cover equipped with a handle.
Mini-can means a watertight galvanized sheet-metal or plastic container not exceeding 20 gallons in
capacity or 30 pounds in weight when full; fitted with two sturdy handles, one on each side; and fitted
with a tight cover equipped with a handle.
Multifamily residence means a multiple-unit residence with five or more attached units serviced by a
common solid waste storage container.
Person means a person, firm, partnership, association, institution or corporation. The tcrm shall also
mean the occupant and/or the oVlller of any premises for which service mentioned in this chapter is
rendered, or eligiblc or entitled to be served.
Private drive means a privately owned or maintained way serving fewer than four residences; or
serving less than one residence for every 100 yards in distance.
Private road means a privately owned and maintained way that allows for access by a service truck
and which serves four or more residences.
Public street means a public v;ay used for public travcl, including public alleys.
Recyclables means any of the following when generated by a single-family or multifamily residential
customer: aluminum cans; corrugated cardboard; glass containers, mixed waste paper; waste motor oil;
newspaper; recyclable plastic containers that have contained nonhazardous products; poly-coated cartons;
scrap metals not exceeding two feet in any direction and 35 pounds in weight per piece; tin cans; and such
other materials that the city determines to be recyclable.
Recycling bin means a service provider-provided 20-gallon container suitable for single-family
residential collection, storage, and curbside placement of the nonpaper portion of source-separated
recyclables.
Recycling cart means a service provider-provided 35-, 64- or 96-gallon cart suitable for residential
collection, storage and curbside placement of the paper fiber portion of source-separated recyclables.
Recycling carts may also be used for the collection of the nonpaper fiber portion of source-separated
recyclables by multifamily residences.
Recycling container means a set consisting of:
(1) One recycling bin and one recycling cart for single-family residences;
(2) Three stacking recycling baskets distributed to single-family residential customers under a
previous service provider's collection contract; or
(3) Recycling carts or detachable containers for multifamily residences.
Residence and residential means living space(s) individually rented, leased or owned.
Service provider or service providers means that entity or entities holding a valid contract or franchise
with the city to collect solid waste.
Single-family residence means all one-unit houses, duplexes, triplexes, fourplexes located on a public
street or private road and mobile homes with individually billed collection. Residences located in an area
that does not allow safe access, turn-around or clearance for service vehicles, or on a private drive will be
provided service if materials are set out adjacent to a public street or private road.
Solid waste means garbage, recyclables and yard debris.
Source-separated means certain reclaimable materials that are separated from garbage by the
generator for recycling or reuse, including, but not limited to paper fibers, metals, glass, plastics, organics
and other materials.
WUTC means the Washington Utilities and Transportation Commission.
Ordinance No. 08-
Page 4 of90
Yard debris means leaves, grass and clippings of woody and fleshy plants, as well as other source-
separated organic materials compatible with the collection system and acceptable to the service provider's
processing facility. Unflocked, undecorated Christmas trees are acceptable as yard debris if cut to size.
Materials larger than four inches in diameter or four feet in length are excluded. Yard debris that is
contaminated or mixed with garbage or hazardous waste is also excluded.
Yard debris cart means a 96-gallon container provided to all subscribing single-family residences,
multifamily residences and commercial customers for the purpose of containing and collecting yard
debris. (Ord. No. 91-124, S 2,12-17-91; Ord. No. 93-167, S 2, 3-16-93; Ord. No. 02-411, S 1, 1-2-02)
SECTION 4. Chapter 12, Article III, Section 12-52, of the Federal Way City Code shall be amended
to read as follows:
12-52 Authorized service providers.
The collection of, disposal of and billing for garbage generated within the corporate limits of the city shall
be accomplished by service providers under written service agreement or franchise pursuant to ordinances
of the city. Only such service providers that have a current service agreement or franchise with the city
are authorized to collect garbage from within the incorporated city limits and to haul garbage through the
streets of the city; however, ancillary disposal providers shall be allowed to collect, haul and dispose of
garbage that is generated during the course of their regular business activities. Ancillary disposal
providers must provide a legitimate service other than garbage collection and disposal services equivalent
to those provided by a city-contracted service provider. (Ord. No. 91-124, S 3(A), 12-17-91; Ord. No. 93-
167, S 3(A), 3-16-93; Ord. No. 02-411, S 27,1-2-02)
SECTION 5. A new section is added to Chapter 13, Article I, of the Federal Way City Code (FWRC
4.03.010) to read as follows:
13-1 IFWRC 4.03.0101 Definitions
The definitions in this section apply throughout this Title unless otherwise provided or the context clearly
requires otherwise. Terms not defined here are defined according to FWCC 1-2.
Abutting property means all property having a frontage upon the sides or margins of any public right-
of-way.
Activity means parades, runs, walks, processions, marches, races, block parties, demonstrations,
exhibitions, rallies, and other similar short-term private uses of public right-of-way which do not involve
the significant physical disturbance of the public right-of-way.
Block party means an event that includes the closure of a dead-end public street.
City building means any building or portion thereof, owned or leased by the city and includes all
areas of a building owned or leased by the city in its entirety, including but not limited to elevators,
restrooms, waiting areas, hallways, lobbies, reception areas, council chambers, lunchrooms and employee
offices.
Director means, unless otherwise indicated, the director of the City's public works department or his
or her designee, including any person contracted with/by the city to perform required reviews and services
on behalf of the city.
Emergency means a condition of imminent danger to the health, safety, and welfare of property or
persons located within the city including, without limitation, fallen branches or fallen trees within public
rights-of-way, or damage to vegetation from natural consequences, such as storms, earthquakes, riots or
wars.
Extended right-of-way use permit means a permit authorizing the use of the city right-of-way for a
designated purpose and for a period of time exceeding one year in duration.
Ordinance No. 08-
Page 5 0/90
Limited right-of-way use permit means a permit authorizing the use of the city right-of-way for a
designated purpose and for a period of time limited to one year or less.
Occupant means a person who is occupying, controlling or possessing real property, including an
agent or representative thereof.
Owner means a person who has legal or equitable title to real property, the owners of any fee title,
mortgagors, and contract vendees, and including an agent or representative thereof,
Smoke or smoking means the carrying or smoking of any kind of lighted pipe, cigar, cigarette or any
other lighted smoking equipment. COrd. No. 90-36. & 1, 2-20-90)
Removal means the act of cutting down or removing any vegetation, or causing the effective removal
through damaging, poisoning or other direct or indirect actions resulting in the death of vegetation.
Replacement vegetation means vegetation of equal species, size. quality and number to that which has
been removed in conformance with the right-of-way vegetation plan.
Right-of-way vegetation plan means the plan adopted by the city containing the standards and
specifications which prescribe the vegetation to be planted. maintained, preserved, or replaced within the
city's public rights-of-way, the methods for planting, trimming. pruning and other maintenance activities,
and the overall planting plan for the city.
Street trees means any trees located on any street or public right-of-way.
Topping means the severe cutting of the top of a street tree resulting in stubs beyond the branch collar
in the crown or severe cutting which removes a substantial portion of the normal canopy, disfigures the
street tree, and reduces the height.
Vegetation means all trees, plants, shrubs. groundcover, grass. and other vegetation.
SECTION 6. Chapter 13, Article II, Section 13-26, of the Federal Way City Code is hereby repealed
as follows:
13 26 Definitions.
The following "'lords, terms and phrases, when used in this article, shall ha','e the meanings ascribed to
them in this section, except where the context clearly indicates a different meaning:~
Director of public ',vorks shall include any person contracted with'by the city to perform the required
reviews and services on behalf of the city.
Extended right of ','lay use permit shall mean a permit authorizing the use of the city right of vlay fDr a
designated purpose and for a period of time exceeding one year in duration.
Limited right of v/ay use permit shall mean a permit authorizing the use of the city right of "vay for a
designated purpose and for a period of time limited to one year or less. (Ord. No. 90 50, ~ I, 1 3 90)
SECTION 7. Chapter 13, Article III, Section 13-71, of the Federal Way City Code is hereby repealed
as follows:
13 71 Definitions.
The following 'Nords, terms and phrases, '.vhen used in this division, shall ha'/e the meanings ascribed to
them in this section, except where the context clearly indicates a different meaning:
City building shall mean any building or portion thereof, owned or leased by the city and includes all
areas of a building owned or leased by the city in its entirety, including but not limited to elevators,
restrooms, ""aiting areas, hallv/ays, lobbies, reception areas, council chambers, lunchrooms and employee
offices.
Smoke or smoking shall mean the carrying or smoking of any kind of lighted pipe, cigar, cigarette or any
other lighted smoking equipment. (Ord. No. 90 36, ~ 1,2 20 90)
Ordinance No. 08-
Page 6 of 90
SECTION 8. Chapter 13, Article IV, Section 13-91, of the Federal Way City Code is hereby repealed
as follows:
13 91 Definitions.
The following words, terms and pm-ases, when used in this article, shall have the meanings ascribed to
them in this section, except '.',here the context clearly indicates a different meaning: The definitions in this
section apply tm-oughout this article unless the context clearly requires otherwise. Terms not defined here
are defined according to FWCC 1 2.
"Owner of an interest in ill1Y-real estate" means the owners of any fee title, mortgagors~ and contract
vendees. (Ord. No. 91 107, ~ 1(13.1),93 91)
SECTION 9. Chapter 13, Article V, Section 13-121, of the Federal Way City Code is hereby repealed
as follows:
13 121 Definitions.
The follovling words, terms and pm-ases, when used in this article, shall have the meanings aseribed to
them in this section, except ,;"here the context clearly indicates a different meaning: The definitions in this
section apply tm-oughout this article unless the context clearly requires otherwise. Terms not defined here
ore defined according to FWCC 1 2.
',^.ctivity' means parades, runs, walks, processions, marches, races, block parties, demonstrations,
exhibitions, rallies, and other similar short term private uses of public right of '.Yay which do not invol'le
the significant physical disturbance of the public right of way.
'Block party' means an event that includes the closure of a dead end public street.
SECTION 10. Chapter 13, Article VI, Section 13-161, of the Federal Way City Code shall be
amended to read as follows:
13-161 Definitions.
For the purpose of this article and unless the context plainly requires otherwise, the following terms shall
have the following meanings: The definitions in this section apply throughout this article unless the
context clearly requires otherwise. Terms not defined here are defined according to FWRC 4.03.010 or in
FWCC 1-2 in that order.
(1) ,\butting property means all property having a frontage upon the sides or margins of any publie right
of 'J10Y.
(2) Curb means a cement, concrete or asphaltic concrete raised struchH"e designed to delineate the edge of
the street and to separate the vehicular portion from that provided for pedestrians.
(3) City means the city of Federal Way, a Washington municipal corporation.
(4) City council means the city of Federal Way council acting in its official capacity.
(5) Director means the director of the city of Federal Way public works department or his or her designee.
(6) FWCC means the Federal Way City Code adopted by the city council.
f7j ~Maintenance: means the removal and disposal of debris, litter, vegetation, snow and ice from
sidewalks.
(8) Occupant means a person who is occupying, controlling or possessing real property, or his or her
agent or representati';e.
(9) Owner means a person who has legal or equitable title to real property, or his or her agent or
representative.
(10) Person means a person, firm, association, partnership, corporation or individual.
Ordinance No. 08-
Page 7 of 90
(11) Public right of way means the land owned, dedicated or conveyed to the public or a unit of
government, providing for the mo','ement ofvehieles, ',vheelchair and pedestrian trame, access to abutting
property, the location of utility lines, driveways, appurtenances and other facilities benefitting the public.
(12) Sidewalk means all hard surfaced walkways within public rights of way in the area between the
street margin and the roadv/ay, including driveways.
(13) Street means any street, road, boulcvard, a','enue, alley, lane, ,'lay or place, or any portion thereof.
(Ord. No. 93-188, ~ 1,9-21-93)
SECTION 11. Chapter 13, Article VII, Section 13-202, of the Federal Way City Code shall be
amended to read as follows:
13-202 Definitions.
For the purpose of this article and unless the context plainly requires otherwise, the following terms shall
have the following meanings: The definitions in this section apply throughout this article unless the
context clearly requires otherwise. Terms not defined here are defined according to FWRC 4.03.010 or in
FWCC 1-2 in that order.
(1) ,'\butting property means all property having a frontage upon the sides or margins of any public right
of way.
(2) ,^.pplicant means any person filing a right of ','lay permit application.
(3) City means the city of Federal Way, a Washington municipal corporation.
(4) City council means the city of Federal Way council acting in its official capacity.
(5) Curb means a cement, concrete or asphaltic concrete raised structure designed to delineate the edge of
the street and to separate the vehicular area of the public right of way from the area provided for
pedestrians.
(6) Director means the director of the city's public v/orks department or his or her designee.
(7) Emergency means a condition of imminent danger to the health, safety, and ',velfare of property or
persons located ',yithin the city including, without limitation, fallen branches or fallen trees within public
rights of way, or damage to vegetation from natural consequences, sueh as storms, earthquakes, riots or
waFS:-
(8) FWCC means the Federal Way City Code adopted by the city council.
(9) ~Maintain or maintenance: means mowing, trimming, pruning (but not including topping or tree
removal), edging, root control, cultivation, reseeding, fertilization, spraying, control of pests, insects and
rodents by nontoxic methods whenever possible, watering, weed removal, and other actions necessary to
assure normal plant growth, performed in accordance with the standards of the right-of-way vegetation
plan.
(10) Occupant means a person v/ho is occupying, controlling or possessing real property, or his or her
agent or representative.
(II) OVlller means a person ',vho has legal or equitable title to real property, or his or her agent or
representative.
(12) Person means a person, firm, association, partnership, corporation or individual.
(13) Public right of way means the land o'.vned, dedicated or conveyed to the public or a unit of
government, providing for the moyement of vehicles, wheelchair and pedestrian traffic, access to abutting
property, the location of utility lines, appurtenances and other facilities benefitting the public.
(11) Removal means the act of cutting down or removing any ',egetation, or causing the effectiye rorno',al
tm-ough damaging, poisoning or other direct or indirect actions resulting in the death of vegetation.
(15) Replacement vegetation means vegetation of equal species, size, quality and number to that 'which
has been removed in conformance "vith the right of way vegetation plan.
(16) Right of '.vay vegetation plan means the plan adopted by the city containing the standards and
specifications which prescribe the '/egetation to be planted, maintained, preserved, or replaced within the
Ordinance No. 08-
Page 8 0{90
city's public rights of way, the methods for planting, trimming, pruning and other maintenance activities,
and the o';erall planting plan for the city.
(17) Sidewalk means that property betv/een the curb and the abutting property, set aside aad intended f{)r
the primary use of pedestrians but may include mixed uses such as pedestrians and bicyclists, improved
by paving with cement concrete or asphaltic concrete, including all driveways.
(18) Street means any street, road, boulevard, alley, lane, way or place, or any portion thereof.
(19) Street trees means any trees located on any street or public right of way.
(20) Topping means the severe cutting of the top of a street tree resulting in stubs beyond the branch
collar in the crown or se"'ere cutting which removes a substantial portion of the normal canopy, disfigures
the street tree, and reduces the height.
(21) Vegetation means all trees, plants, sh..-ubs, groundeover, grass, and other vegetation. (Ord. No. 93-
187, S 1,9-21-93)
SECTION 12. Chapter 15, Article VII, Section 15-200, of the Federal Way City Code shall be
amended to read as follows:
15-200 Definitions.
F or the purpose of this article and unless the context clearly requires otherwise, the following terms have
the following meanings: The definitions in this section apply throughout this article unless the context
clearly requires otherwise. Terms not defined here are defined according to FWCC 1-2.
(1) Affected employee means a full-time employee who is scheduled to begin his or her regular work
day at a single worksite between 6:00 a.m. and 9:00 a.m. (inclusive) on two or more weekdays per week
for at least 12 continuous months. For the purposes of this article, shareholders, principles and associates
in a corporation, partners (general or limited) in a partnership and participants in a joint venture are to be
considered employees.
(2) Affected employer means a public or private employer that, for 12 continuous months, employs
100 or more full-time employees at a single worksite who are scheduled to begin their regular work day
between 6:00 a.m. and 9:00 a.m. (inclusive) on two or more weekdays. The individual employees may
vary during the year. Construction worksites, when the expected duration of the construction is less than
two years, are excluded from this definition.
~ Alternative mode means any type of commute transportation other than that in which the single-
occupant motor vehicle is the dominant mode, including telecommuting and compressed work weeks if
they result in reducing commute trips.
(4) Alternative work schedules means programs such as compressed work weeks that eliminate work
trips for affected employees.
(5) Base year means the period from January 1, 1992, through December 31, 1992, on which goals for
vehicle miles traveled (VMT) per employee and proportion of single-occupant vehicle (SOV) trips shall
be based.
(6) City means the city of Federal Vlay.
(7) Commute trips means trips made from a worker's home to a worksite with a regularly scheduled
arrival time of 6:00 a.m. to 9:00 a.m. (inclusive) on weekdays.
(8) CTR plan means the city of Federal Way's plan as set forth in this article to regulate and
administer the CTR programs of affected employers within its jurisdiction.
(9) CTR program means an employer's strategies to reduce affected employees' SOY use and VMT
per employee.
(10) CTR zone means an area, such as a census tract or combination of census tracts, within the city
of Federal Way characterized by similar employment density, population density, level of transit service,
parking availability, access to high occupancy vehicle facilities, and other factors that are determined to
affect the level of SOY commuting.
Ordinance No. 08-
Page 9 of 90
(11) Compressed work week means an alternative work schedule, in accordance with employer
policy, that regularly allows a full-time employee to eliminate at least one work day every two weeks by
working longer hours during the remaining days, resulting in fewer commute trips by the employee. This
definition is primarily intended to include weekly and bi-weekly arrangements, the most typical being
four 10-hour days or 80 hours in nine days, but may also include other arrangements. Compressed work
weeks are understood to be an ongoing arrangement.
(12) Dominant mode means the mode of travel used for the greatest distance of a commute trip.
(13) Employee means anyone who receives financial or other remuneration in exchange for work
provided to an employer, including owners or partners of the employer.
(11) Employer means a sole proprietorship, partnership, corporation, unincorporated association,
cooperative, joint venture, agency, department, district or other individual or entity, whether public,
nonprofit, or private, that employs workers.
(15) Flex-time is an employer policy allowing individual employees some flexibility in choosing the
time, but not the number, of their working hours to facilitate the use of alternative modes.
(16) Full-time employee means a person other than an independent contractor, scheduled to be
employed on a continuous basis for 52 weeks per year for an average of at least 35 hours per week.
(17) Good faith effort means that an employer has met the minimum requirements identified in RCW
70.94.531 and this ordinance and is working collaboratively with the city to continue its existing CTR
program or is developing and implementing program modifications likely to result in improvements to its
CTR program over an agreed upon length of time.
(18) Implementation means active pursuit by an employer of the CTR goals of RCW 70.94.521
through 70.94.551 and this article as evidenced by appointment of a transportation coordinator,
distribution of information to employees regarding alternatives to SOY commuting, and commencement
of other measures according to their CTR program and schedule.
(19) Mode means the type of transportation used by employees, such as single-occupant motor
vehicle, rideshare vehicle (carpool, vanpool), transit, ferry, bicycle, and walking.
(20) Peak period means the hours from 6:00 a.m. to 9:00 a.m. (inclusive), Monday through Friday,
except legal holidays.
(21) Peak period trip means any employee trip that delivers the employee to begin his or her regular
workday between 6:00 a.m. and 9:00 a.m. (inclusive), Monday through Friday, except legal holidays.
(22) Proportion of single-occupant vehicle trips or SOY rate means the number of commute trips over
a set period made by affected employees in SOVs divided by the number of affected employees working
during that period.
(23) Single-occupant vehicle (SOV) means a motor vehicle occupied by one employee for commute
purposes, including a motorcycle.
(21) Single-occupant vehicle (SOV) trips means trips made by affected employees in SOVs.
(25) Single worksite means a building or group of buildings on physically contiguous parcels of land
or on parcels separated solely by private or public roadways or rights-of-way occupied by one or more
affected employers.
(26) Telecommuting means the use of telephones, computers, or other similar technology to permit an
employee to work from home, eliminating a commute trip, or to work from a work place closer to home,
reducing the distance traveled in a commute trip by at least half.
(27) Transportation demand management (TDM) means a broad range of strategies that are primarily
intended to reduce and reshape demand on the transportation system.
(28) Transportation Management Association (TMA) means a group of employers or an association
representing a group of employers in a defined geographic area. A TMA may represent employers within
specific city limits, or may have a sphere of influence that extends beyond city limits.
(29) Vehicle miles traveled (VMT) per employee means the sum of the individual vehicle commute
trip lengths in miles made by affected employees over a set period divided by the number of affected
employees during that period.
Ordinance No. 08-
Page 10 of90
(30) Waiver means an exemption from CTR program requirements granted to an employer by the city
based on unique conditions that apply to the employer or employment site.
(31) Week means a seven-day calendar period, starting on Monday and continuing through Sunday.
(32) Weekday means any day of the week except Saturday or Sunday. (Ord. No. 93-164, ~
1(18.30.000),1-19-93; Ord. No. 98-313, ~ lA., 4-21-98)
SECTION 13. Chapter 51, Article VIII, Section 15-220, of the Federal Way City Code shall be
amended to read as follows:
15-220 Definitions.
The follov/ing words, terms, and phrases, 'when used in this chapter, sholl have the meanings ascribed to
them in this section, except where the context clearly indicates a different meaning: The definitions in this
section apply throughout this article unless the context clearly requires otherwise. Terms not defined here
are defined according to FWCC 1-2.
Authorization means a notarized statement from a person with legal authority giving another person
legal authority to act on his or her behalf.
Costs of impoundment means the costs of removal, towing and storage incurred by a registered tow
truck operator in impounding a vehicle as provided for herein.
Court means the Federal Way municipal court,
Department means the Federal Way police department of public safety.
Director means the director of the Federal Way police department of public safety.
DWLS I means RCW 46.20.342(1)(a) or os hereafter amended.
DWLS 2 means RCW 46.20.342(1)(b) or as hereafter amended.
DWLS 3 means RCW 46.20.342(1)(c) or as hereafter amended.
Local ordinance means any ordinance or statute enacted by any town, city, municipality or county
regardless of what state the ordinance or statute is enacted in.
NVOL/No valid operator's license means RCW 46.20.005 or as hereafter amended.
Penalties, fines, and forfeitures mean monetary obligations in addition to costs of removal, towing
and storage of the vehicle. (RCW 46.55.110).
Registered tow truck operator means the towing company awarded the contract for performance of
impounds pursuant to FWCC 15-228(a), if the city manager exercises his or her option to seek bidders for
an exclusive towing contract, or any towing company which the director requests pursuant to FWCC 15-
228(b) to tow and impound vehicles. Registered tm.\' truck operators shall hold a 'lalid city of Federal
V'/oy business license ond be registered with the state of Washington pursuant to Chapter 16.55 RCW.
(Ord. No. 01-
SECTION 14. Chapter 15, Article VIII, Section 15-228, of the Federal Way City Code shall be
amended to read as follows:
15-228 Registered tow truck operators- Contracts, requirements.
(a) The city manager is authorized to seek a towing company or companies for one or more contracts
to be a city registered tow truck operator to perform towing and impounds pursuant to this chapter. Award
of any such contract or contracts shall be consistent with the city's adopted purchasing policies and
applicable state and local laws and policies, and be approved by the city manager or the city council, as
applicable. Registered tow truck operators shall hold a valid city of Federal Way business license and be
registered with the state of Washington pursuant to Chapter 46.55 RCW.
Ordinance No. 08-
Page 11 of90
(b) If the city manager determines not to enter into a contract for registered tow truck operator
services, the city manager may authorize the director to have any tow truck operator registered with the
state of Washington perform towing and impounds pursuant to this chapter.
(c) A registered tow truck operator shall conduct any auction of vehicles impounded pursuant to this
chapter in accordance with RCW 46.55.130, as now or hereafter amended. In addition, prior to closing
any sale of an auctioned, impounded vehicle or transferring title thereto, the registered tow truck operator
shall release the vehicle to an individual possessing a valid Washington driver's license or a valid driver's
license from another state.
(d) Records.
(1) With respect to any sale at auction of a vehicle impounded under this chapter, all registered
tow truck operators shall record the date of sale, the vehicle identification number of each vehicle, the
name, address and telephone number of the registered owner of the impounded vehicle being auctioned,
as well as the name, address, driver's license number and date of driver's license expiration of each buyer.
Said record shall be submitted to the director on or before December 31 st of each calendar year,
(2) A registered tow truck operator shall maintain copies of all records of all sales required
pursuant to this chapter, for at least six years, and such records shall be open at all reasonable times to the
inspection of the designated official, or his or her duly authorized designees for inspection. (Ord. No. 01-
393, S 1,6-19-01; Ord. No. 03-456, S 3,12-2-03)
SECTION 15. Chapter 16, Article III, Section 16-76, of the Federal Way City Code shall be amended
to read as follows:
16-76 Definitions.
The following words, terms and phrases, ""/hen used in this article, shall have the meanings ascribed to
them in this section, except "/here the context clearly indicates a different meaning: The definitions in this
section apply throughout this article unless the context clearly requires otherwise. Terms not defined here
are defined according to FWCC 1-2.
Basin plan means shall mean the plan and all implementing regulations and procedures including but
not limited to land use management adopted by ordinance for managing surface and stormwater
management facilities and features within individual drainage basins.
Developed parcel means shall mean any parcel altered from the natural state by the construction,
creation or addition of impervious surfaces.
Impervious surface means shall mean a hard surface area which either prevents or retards the entry of
water into the soil mantle as it entered under natural conditions preexistent to development, and/or a hard
surface area which causes water to run off the surface in greater quantities or at an increased rate of flow
from the flow present under natural conditions preexistent to development. Common impervious surfaces
include, but are not limited to, roof tops, walkways, patios, driveways, parking lots or storage areas,
concrete or asphalt paving, gravel roads, packed earthen materials and oiled, macadam or other surfaces
which similarly impede the natural infiltration of surface water. Open, uncovered retention/detention
facilities shall not be considered as impervious surfaces for the purpose of this article.
Land use code means shall mean the type of development on a specific parcel of land as identified by
records maintained by the city as modified or supplemented by information resulting from investigation
by the surface water management division. Land use codes are preliminary indicators of the extent of
impervious surface and are used in the initial analysis to assign an appropriate rate category for a specific
parcel. "Service station," "single-family home" and "shopping center" are examples ofland use codes.
Maintenance means shall mean the act or process of cleaning, repairing or preserving a system, unit,
facility, structure or piece of equipment.
Open space means shall mean any parcel, property or portion thereof classified for current use
taxation under the provisions of Chapter 84.34 RCW, or for which the development rights have been sold
Ordinance No. 08-
Page 12 of90
to the county under the provisions of the King County Code chapter 26.04. This definition includes lands
which have been classified as open space, agricultural or timber lands under criteria contained in Chapter
84.34 RCW.
Parcel means shall mean the smallest separately segregated unit or plot of land having an identified
owner, boundaries and surface area which is documented for property tax purposes and given a tax lot
number by the county assessor.
Rate category means shall mean the classification in this article given to a parcel in the service area
based upon the type of land use on the parcel and the percentage of impervious surface area contained on
the parcel.
Residence means shall mean a building or structure or portion thereof, designed for and used to
provide a place of abode for human beings. The term "residence" includes the term "residential" or
"residential unit" as referring to the type of or intended use of a building or structure.
Residential parcel means shall mean any parcel which contains no more than three residences or three
residential units which are within a single structure and is used primarily for residential purposes.
Retention/detention facilities means shall mean facilities designed either to hold runoff for a short
period of time and then release it to the natural watercourse or to hold water for a considerable length of
time and disperse it by evaporation, plant absorption or infiltration into the ground.
Service area means shall mean the area described in exhibit A made a part of this article and on file in
the office of the city clerk.
Stormwater control facilities means shall mean any facility improvement, development, property or
interest therein, made, constructed or acquired for the purpose of controlling or protecting life or property
from any storm, waste, flood or surplus waters.
Surface and stormwater management system means shall mean the system comprised of stormwater
control facilities and any other natural features which store, control, treat and/or convey surface and
stormwater.
Undeveloped parcel means shall mean any parcel which has not been altered from its natural state by
the construction, creation, or addition of impervious surfaces. (Ord. No. 90-32, S 1, 2-13-90)
SECTION 16. Chapter 18, Article II, Section 18-27, of the Federal Way City Code shall be amended
to read as follows:
18-27 Adoption by reference.
The city adopts by reference The following provisions of the , as noVl existing or amended, the basic
requirements of the Washington Administrative Code are adopted by reference: applying to the State
Environmental Policy l\Ct process as follo\.."s:
(1) 197-11-040, Definitions.
(2) 197-11-050, Lead agency.
(3) 197-11-055, Timing of the State Environmental Policy Act process.
(4) 197-11-060, Content of environmental review.
(5) 197-11-070, Limitations on action during State Environmental Policy Act process.
(6) 197-11-080, Incomplete or unavailable information.
(7) 197-11-090, Supporting documents.
(8) 197-11-100, Information required of applicants.
(9) 197-11-158, GMA project review - Reliance on existing plans, laws, and regulations.
(10) 197-11-164, Planned actions - Definition and criteria.
(11) 197-11-168, Ordinances or resolutions designating planned actions - Procedures for adoption.
(12) 197-11-172, Planned actions - Project review.
(13) 197-11-210, SEPAlGMA integration.
(14) 197-11-220, SEP AlGMA definitions.
Ordinance No. 08-
Page 13 0[90
(15) 197-1] -228, Overall SEPAlGMA integration procedures.
(] 6) ] 97 -11-230, Timing of an integrated GMAlSEP A process.
(17) ]97-]1-232, SEPAlGMA integration procedures for preliminary planning, environmental
analysis, and expanded scoping.
(18) 197-11-235, Documents.
(19) ]97-11-238, Monitoring.
(20) 197-11-700, Definitions.
(21) 197-11-702, Act.
(22) 197-11-704, Action.
(23) 197-11-706, Addendum.
(24) 197-11-708, Adoption.
(25) 197-11-710, Affected tribe.
(26) 197-11-712, Affecting.
(27) 197-11-714, Agency.
(28) 197-11-716, Applicant.
(29) ]97-11-718, Built environment.
(30) 197-11-720, Categorical exemption.
(31) 197-11-72 L Closed record appeal.
(32) 197-11-722, Consolidated appeal.
(33) 197-11-724, Consulted agency.
(34) 197-11-726, Cost-benefit analysis.
(35) 197-11-728, County/city.
(36) 197-11-730, Decision maker.
(37) 197-11-732, Department.
(38) 197-11-734, Determination of non significance.
(39) 197-11-736, Determination of significance.
(40) 197-11-738, Environmental impact statement.
(4]) 197-11-740, Environment.
(42) 197-11-742, Environmental checklist.
(43) 197-11-744, Environmental document.
(44) 197-11-746, Environmental review.
(45) 197-11-750, Expanded scoping.
(46) 197-11-752, Impacts.
(47) ] 97-11-754, Incorporation by reference.
(48) 197-11-756, Lands covered by water.
(49) 197-11-758, Lead agency.
(50) 197-11-760, License.
(5]) 197-11-762, Local agency.
(52) 197-11-764, Maior action.
(53) ]97-11-766, Mitigated determination of non significance.
(54) ]97-11-768, Mitigation.
(55) 197-11-770, Natural environment.
(56) 197-11-772, National Environmental Protection Agency.
(57) 197-11-774, Nonproiect.
(58) 197-11-775, Open record hearing.
(59) 197-11-776, Phased review.
(60) 197-11-778, Preparation.
(6]) 197-11-780, Private proiect.
(62) 197-11-782, Probable.
(63) 197-11-784, Proposal.
Ordinance No. 08- Page 14 of90
(64) 197-11-786, Reasonable alternative.
(65) 197-11-788, Responsible official.
(66) 197-11-790, State Environmental Policy Act.
(67) 197-11-792, Scope.
(68) 197-11-793, Scoping.
(69) 197-11-794, Significant.
(70) 197-11-796, State agency.
(71) 197-11-797, Threshold determination.
(72) 197-11-799, Underlying governmental action. (Ord. No. 90-40, S 1(20.20),2-27-90; Ord. No.
04-468, S 3, 11-16-04)
SECTION 17. Chapter 18, Article II, Section 18-28, of the Federal Way City Code shall be amended
to read as follows:
18-28 .f1dditional definitions. Definitions.
In addition to those definitions contained within WAC 197 II 700 through 197 II 799 as now existing
or amended, when used in this article the following terms shall have these meanings, unless the content
indicates otherwise: Unless defined in WAC 197-11-700 through WAC 197-11-799, the definitions in
this section apply throughout this article unless the context clearly requires otherwise. Terms not defined
within WAC 197-11-700 through WAC 197-11-799 or in this section are defined according to FWCC 22-
1 or 1-2, in that order.
Critical aquifer recharge area shall mean areas in which ,vater reaches the zone of saturation by
surface infiltration. These areas arc hydrogeologically susceptible to contamination and contamination
loading potential including but not limited to such areas as sole water source aquifer recharge areas,
special protection groundwater management areas, v/cllhead protection areas, and other areas with a
critical recharging effect on aquifers used for potable '.vater.
Department shall mean any di';ision, subdivision or organizational unit of the city established by
ordinance, rule or order.
Early notice means shall mean the city's response to an applicant stating whether it considers issuance
of a determination of significance likely for the applicant's proposal.
Fish and wildlife habitat conservation area means shall mean the management of land for maintaining
species in suitable habitats within their natural geographic distribution so that isolated subpopulations are
not created. Habitat conservation areas include but are not limited to such areas as:
(I) Areas with which endangered, threatened, and sensitive species have a primary association;
(2) Habitats and species oflocal importance;
(3) Commercial and recreational shellfish areas;
( 4) Kelp and eelgrass beds; herring and smelt spawning areas;
(5) Naturally occurring ponds under 20 acres and their submerged aquatic beds that provide fish
or wildlife habitat;
(6) Waters of the state;
(7).Lakes, ponds and streams planted with game fish by a governmental or tribal entity;
(8) State natural area preserves and natural resource conservation areas; or
(9) Streams.
Frequently flooded area means shall mean lands in the floodplain subject to a one percent or greater
chance of flooding in any given year including but not limited to such areas as streams, lakes, coastal
areas and wetlands.
Geologically hazardous areas shall mean areas that, because of their susceptibility to erosion,
landsliding, seismic or other geological events, arc not suited to siting commercial, residential or
Ordinance No. 08-
Page 15 of90
industrial development consistent with public health or safety concerns. Geologically hazardous areas
include the following areas:
(1) Erosion hazard areas are those areas having severe to Yef)' severe erosion hazard due to
natural agents such as wind, rain, splash, frost action or stream flow.
(2) Landslide hazard areas arc those areas potentially subject to episodic downslope movement of
a mass of soil or rock including but not limited to the follO\.ving areas:
a. ,'\ny area with a combination of:
1. Slopes greater than 15 pereent;
2. Permeable sediment (predominately sand and gravel) overlying relatively impermeable
sediment or bedrock (typically silt and clay); and
3. Springs or groundwater seepage.
b. ,^.ny area which has shovlll movement during the Holocene epoch, from 10,000 years ago
to the present, or '.vhich is underlain by mass wastage debris of that epoch.
e. ,^.ny area potentially unstable as a result of rapid stream incision, stream bank erosion or
undercutting by '..'lave action.
d. i\ny area located in a ravine or on an active alluvial fan, presently or potentially subject to
inundation by debris flows or flooding.
e. Those areas identified by the United States Department of ,^.griculture Soil Conservation
Service as having a severe limitation for building site development.
f. Those areas mapped as Class U (unstable), VOS (unstable old slides), and URS (unstable recent
slides) by the Department of Ecology.
g. Slopes having gradients greater than 80 percent subject to rockfall during seismic shaking.
(3) Seismie hazard areas are those areas subject to severe risk of earthquake damage as a result of
seismically induced ground shaking, slope failure, settlement or soil liquefaction, or surface faulting.
These conditions occur in areas underlain by cohesionless soils of 10'.'1 density usually in association \-vith
a shallow ground'Nater table.
('1) Steep slope hazard areas are those areas with a slope of 10 percent or greater and with a
vertical relief of 10 or more feet, a vertical rise of 10 feet or more for every 25 feet of horizontal distance.
,'\ slope is delineated by established its toe and top and measured by averaging the inclination over at least
10 feet of vertical relief.
Regulated lakes shall mean Wetlands Nos. 8 21 1 26, 721 1 71, 11 21 3 9, 11 21 3 2, 11 21 3 5,
13 21 3 12,921 1 38,1721 155,2021 157, and 2021 1 61 as shown in the June 19, 1999, city of
Federal Way final wetland inventory report, except vegetated areas meeting the definition of "regulated
'Netland" located around the margins of regulated lakes shall be considered regulated '.'Ietlands.
State Environmental Policy Act rules means shall mean Chapter 197 -11 WAC adopted by the
Department of Ecology.
Stream shall mean courses or routes, formed by nature, including those modified by man, and
generally consisting of a channel with a bed, banlcs or sides throughout substantially all their length, along
which surface waters naturally and normally flo'N in draining from higher to lovier elevations. ,^. stream
need not eontain water year round. In a developing setting, streams may run in culverts or may be
channeled in a concrete, rock or other artificial con'.'eyance system. This definition is not meant to include
irrigation ditches, storm'water facilities or other artificial watercourses unless they are used by resident or
anadromous salmonid fish, or the f{Jature was constructed to convey natural streams which existed prior to
construction of the '.vatercoursc.
\Vellhead capture zone ~ shall mean an area in which ground'Nater is calculated to tra'.'el to a
pumping well. Capture zones are usually defined according to the time that it takes for water within a
particular zone to travel to a '.....ell. Calculated capture zones usually only approximate actual eapture zones
as a result of assumptions required to conduct the calculation.
Ordinance No. 08-
Page 160/90
Wellhead protection area (WHP/\) ~ shall mean the surface and subsurface area surrounding a
',vell or ,,',eIlfield that supplies a public '.vater system through which contaminants are likely to pass and
eventually reach the "vater v/ell(s) as designated under the Federal Clean Water ,^.ct.
\Vetlands means those areas that are inundated or saturated by surface or groundwater at a frequency
and dlKation sufficient to support, and that under normal circumstances do support, a pre';alence of
vegetation typically adapted for life in saturated soil conditions, Wetlands generally include s',vamps,
marshes, bogs and similar areas.
The March 1997 Washington State Wetlands Identification and Delineation Manual (Department of
Ecology publication No. 96 91) as set forth in \\',^.C 173 22 080, as it exists as of November 1, 1999, or
as subsequently amended, will be used for identification and delineation of wetlands within the city.
Although a site specific v/etland may not meet the criteria described above, it will be considered a
regulated wetland if it is functionally related to another wetland that meets the criteria.
Regulated wetlands means:
(1) Those wetlands, as described below, v/hich fall into one or more of the follO'.ving categories:
a. Category I v/etlands meet one of the following criteria:
1. Contain thc presence of species or documented habitat recognized by state or federal
agencies as endangered, threatened or potentially extirpated plant, fish or animal species; or
2. Contain the presence of plant associations of infrequeHt occurrence, irreplaceable
ecological functions, or exccptionallocal significance including but not limited to estuariHe systems, peat
bogs and fens, mature forested wetlaHds, grouHdy,ater exchange areas, significant habitat or unique
educational sites; or
3. Have three or more wetland classes, one ofy/mch is open water.
b. Category II wetlands are greater than 2,500 square feet in area, do not exhibit the
characteristics of Category I wetlands, aHd meet one of the following criteria:
1. Are contiguous with water bodies or tributaries to water bodies v/hich under normal
circumstances contain or support a fish population, including streams where flow is intermittent; or
2. Arc greater thaH one acre in size in its entirety; or
3. l\re less than or equal to one acre in size in its entirety and have ty,O or more v:etland
classes, with neither class dominated by non Hative iHvasive species.
c. Category III wetlaHds are greater thaH 2,500 square feet in area and do not exhibit those characteristics
of Category I or II ',vctlands.
(2) See definition of "regulated lakes."
VI orking day shall mean a day upon which the city is open for business. Other references to days refer to
calendar days. (Ord. No. 90 10, ~ 1 (20.30), 2 27 90; Ord. No. 91 1 05, ~ 5(20.30), 8 20 91; Ord. No. 01
168, ~ 3,11 1601)
SECTION 18. Chapter 18, Article II, Section 18-116, of the Federal Way City Code is hereby
repealed as follows:
18 11 () Definitions ,A..doption by referenee.
The city adopts by reference the follo'wing sections of Chapter 197 11 'N,^.C as no',': existing or amended,
and as supplemented in this chapter:
(1) 19711 700, Definitions.
(2) 197 11 702, /.ct.
(3) 197 11 701, ,^.ction.
(1) 197 11 706, ,^.ddeHdum.
(5) 197 11 708, /J.doption.
(6) 197 11 710, ,^.ffected tribe.
(7) 197 11 712, ,^.ffecting.
Ordinance No. 08-
Page 17 of90
(8) 197 11 711, ,\gcncy.
(9) 197 11 716, Applicant.
(10) 197 11 718, Built environment.
(11) 197 11 720, Categorical exemption.
(12) 197 11 721, Closed record appeal.
(13) 197 11 722, Consolidated appeal.
(11) 197 11 721, Consulted agency.
(15) 197 11 726, Cost benefit analysis.
(16) 197 11 728, County/city.
(17) 197 11 730, Dccision maker.
(18) 197 11 732, Department.
(19) 197 11 731, Determination of nonsignificance.
(20) 197 11 736, Determination of significance.
(21) 197 11 738, Environmental impact statement.
(22) 197 11 710, Environment.
(23) 197 11 712, Environmental checklist.
(21) 197 11 711, Emironmental document.
(25) 197 11 716, Environmental review.
(26) 197 11 750, Expanded scoping.
(27) 197 11 752, Impacts.
(28) 197 11 751, Incorporation by rcference.
(29) 197 11 756, Lands covered by vlater.
(30) 197 11 758, Lead agency.
(31) 197 11 760, License.
(32) 197 11 762, Local agency.
(33) 197 11 761, Major action.
(31) 197 11 766, Mitigated determination of nonsignificance.
(35) 197 11 768, Mitigation.
(36) 197 11 770, Natural environment.
(37) 197 11 772, National Environmental Protection ,^.gency.
(38) 197 11 771, Nonproject.
(39) 197 11 775, Open record hearing.
(40) 197 11 776, Phased reviev/.
( 11) 197 11 778, Preparation.
(12) 197 11 780, Private project.
(13) 197 11 782, Probable.
(41) 197 11 781, Proposal.
(45) 197 11 786, Reasonable alternative.
(16) 197 II 788, Responsible official.
(17) 197 11 790, State En';ironmental Policy ,\ct.
(18) 197 11 792, Scope.
(19) 197 11 793, Scoping.
(50) 197 11 794, Significant.
(51) 197 II 796, State agency.
(52) 197 11 797, Threshold determination.
(53) 197 11 799, Underlying governmental action. (Ord. No. 90-40, S 1 (20.260), 2-27-90; Ord. No. 04-
468, S 3,11-16-04)
Ordinance No. 08-
Page 18 of90
SECTION 19. Chapter 18, Article III, Section 18-163, of the Federal Way City Code shall be
amended to read as follows:
18-163 Additional definitions.
Unless othenvise defined in this chapter, the definitions contained in this chapter, Chapter n FWCC,
Chapter 90.58 RC\V, and Chapter 173 26 W,\C shall apply. Unless defined in WAC 197-11-700 through
WAC 197-11-799, the definitions in this section apply throughout this article unless the context clearly
requires otherwise. Terms not defined within WAC 197-11-700 through WAC 197-11- 799 or defined in
this section are defined according to Title 14 FWRC, Chapter 90.58 RCW, Chapter 173-26 WAC, FWCC
22-1, or FWCC 1-2, in that order.
Access:
(1 ) Public access means actuaL physicaL unobstructed access available to the general public from
land to the ordinary high water mark or to the wetland directly abutting the ordinary high water mark.
(2) Limited limited public access means:
(1) W Actual physical access from land to the ordinary high water mark or to the wetland
directly abutting the ordinary high water mark, such access being public access limited to specific groups
of people or to certain regularly prescribed times; or
(2){QL Visual access available to the general public to the shoreline and adjacent water body,
such access being specifically provided for in the development of the site.
,^.cecss: public access means actual unobstructed access available to the general public from land to
the ordinary high \vater mark or to the wetland directly abutting the ordinary high water mark.
Average grade level means, for structures built on land, the average of the natural or existing
topography at the center of all exterior walls of a building or structure to be placed on a site; provided,
that Q!:. in the case of structures to be built over water, average grade level shall be means the elevation eF
of ordinary high water.
Backshore means a berm, together with associated marshes or meadows, on marine shores landward
of the ordinary high water mark which is normal above high tide level and has been gradually built up by
accretion.
Beach feeding means landfill deposited on land, or in the water, to be distributed by natural water
processes for the purpose of supplementing beach material.
Berm means one or several linear mounds of sand and gravel generally paralleling the shore at, or
landward of, the ordinary high water mark which are normally stable because of material size or
vegetation.
Breakwater means an off-shore structure, either floating or not, which mayor may not be connected
to the shore, such structure being designated to absorb and/or reflect back into the water body the energy
of the waves.
Bulkhead means a solid or open pile of rock, concrete, steel, timber, other materials, or a combination
of these materials erected generally parallel to and near the ordinary high water mark for the purpose of
protecting adjacent shorelands and uplands from waves or currents.
Class I beach means a beach or shore having dependable, geologically fully developed, and normally
dry back shore above high tide.
Class II beach means a beach or shore having only marginally, geologically partially developed, and
not dependably dry backshore above high tide.
Class III beach means a beach or shore having no dry backshore available at high tide.
Department means the department of community development, also known as the department of
communitv development services, unless the context indicates otherwise.
Environment, or master program environment, or shoreline environment means the categories of
shorelines of the state established by the city of Federal Way shoreline management master program to
Ordinance No. 08-
Page 19 of90
differentiate between areas whose features imply differing objectives regarding their use and future
development.
Float means a structure or device which is not a breakwater and which is moored, anchored, or
otherwise secured in the waters of Federal Way, and which is not connected to the shoreline.
Groin means a barrier type structure extending from the backshore into the water across the beach.
The purpose of a groin is to interrupt sediment movement along the shore.
Jetty means an artificial barrier used to change the natural littoral drift to protect inlet entrances from
clogging by excess sediment.
Littoral drift means the natural movement of sediment along marine or lake shorelines by wave
breaker action in response to prevailing winds.
Non-water-oriented uses means those uses which have little or no relationship to the shoreline and are
not considered priority uses under the SMA. Examples include professional offices, automobile sales or
repair shops, mini-storage facilities, multifamily residential development, department stores, and gas
stations.
Stringline setback means a straight line drawn between the points on the primary buildings having the
greatest projection (including appurtenant structures such as decks) waterward on the two adjacent
properties.
Water-dependent use means a use or portion of a use which cannot exist in any other location and is
dependent on the water by reason of the intrinsic nature of its operations. Examples of water dependent
uses may include ship cargo terminal loading areas, ferry and passenger terminals, barge loading
facilities, ship building and dry docking, marinas, aquaculture, float plane facilities and sewer outfalls.
Water-enjoyment use means a use that is open to the general public; in which the shoreline oriented
space within the proiect must be devoted to the specific aspects of the use that fosters shoreline
enioyment; and which either has (a) as a primary characteristic a public recreational use, or-etflef !! use
facilitating public access to the shoreline as a primary characteristic of the use; or (b) as a general
characteristic a use that provides fer-recreational use or aesthetic enjoyment of the shoreline for a
substantial number of people as a general characteristic of the use and which through the location, design
and operation assures the public's ability to enjoy the physical and aesthetic qualities of the shoreline. ffi
order to qualify as Q water enjoyment use, the use must be open to the general publie and the shoreline
oriented space within the project must be devoted to the specific aspects of the use that fosters shoreline
enjoyment. Primary water-enjoyment uses may include, but are not limited to, parks, and piers, and other
improvements facilitating public access to shorelines of thc state; and general General water-enjoyment
uses may include, but are not limited to, restaurants, museums, aquariums, scientific/ecological reserves,
resorts and mixed-use commerciat; provided, that where such uses conform to the above water
enjoyment specifications and the provisions of the master program.
Water-oriented means any combination of water-dependent, water-related, and/or water-enjoyment
uses, and serves as an all-encompassing definition for priority uses under the SMA.
Water-related means a use or portion of a use which is not intrinsically dependent on a waterfront
location but whose economic vitality is dependent upon a waterfront location because:
(1) Of a functional requirement for a waterfront location such as the arrival or shipment of
materials by water or the need for large quantities of water; or
(2) The use provides a necessary service supportive of the water-dependent commercial activities
and the proximity of the use to its customers makes its services less expensive and/or more convenient.
Examples include professional services serving primarily water-dependent activities and storage of water-
transported foods. (Ord. No. 98-323, ~ 3,12-1-98; Ord. No. 99-355, ~ 3,11-16-99)
SECTION 20. Chapter 19, Article IV, Section 19-151, of the Federal Way City Code shall be
amended to read as follows:
Ordinance No. 08-
Page 20 0/90
19-151 Definitions.
For the purpose of this artiele the terms, phrases, words and their derivations have the folhlling
definitions. When not inconsistent with the context, ",ords used in the present tense include the future
tense, words in the plural number include the singular number, and words in the singular number ineludc
the plural number. The word "shall" is always mandatory. The word "may" is permissive. The definitions
in this section apply throughout this article unless the context clearly requires otherwise. Terms not
defined here are defined according to FWCC 22-1 or 1-2 in that order. The public works director shall
have the authority to resolve questions of interpretation or conflicts within this article.
(1) Affected intersection means any intersection within the city meeting the requirements of FWCC
19-157 and having a direct traffic impact as a result of development activity.
(2) j\pplicant mea-ns a person who applies for a capacity reserve certificate (CRe) under this artiole
and who is the owner of the subject property or the authorized agent of the property o';lller.
(3) Background traffic means existing traffic levels and the anticipated traffic from all proposals for
which CRCs have been approved under the provisions of this article.
(4) Build-out year conditions means the volume of traffic that is projected to occur on the roadway
system as of the anticipated date of occupancy of a proposal. Traffic conditions include regional traffic
and the anticipated traffic from all proposals for which CRCs have been approved under the provisions of
this article.
(5) Capacity means the availability of an affected intersection to accommodate increased traffic
resulting from a development without causing the LOS to fall below the standards established in the
comprehensive plan.
(6) Available capacity means capacity which can be encumbered, reserved, or committed to future
users, expressed in an appropriate unit of measure, such as p.m. peak hour trips.
(7) Reserved capacity means capacity which has been allocated to a particular property through
issuance of a capacity reserve certificate reserving capacity for a set period of time.
(8) Capacity reserve certificate (CRe) means the certificate issued by the city pursuant to the terms
and conditions of this article which constitutes the proof that adequate capacity for each affected
intersection has been reserved to serve the densities and intensities of development within the time frame
designated on the certificate.
(9) City of Federal Way development standards means those standards adopted by the Federal Way
public works director.
(10) Concurrency evaluation means the evaluation by the director to ensure that necessary roadway
improvements are made concurrent with proposed development activity, pursuant to RCW 36.70A.070.
(11) Concurrency denial letter means a letter issued by the director which summarizes the results of
the concurrency evaluation and the reason for denying the request for a concurrency reserve certificate,
(12) Concurrency management means the process local jurisdictions use to ensure that necessary
roadway improvements are made concurrent with proposed development activity, pursuant to RCW
36.70A.070.
(13) Development activity means any work, condition, or activity which requires a permit or approval
under the city's subdivision, zoning, or building code. Exempt permits are set forth in F'NCC 19 156.
(11) Development approyal means written authorization from the city authorizing the oommencement
of de'lelopment activity or use.
(15) Development permit means any permit or approval under the city's subdivision, zoning, or
building code that must be obtained before initiating a use or development actiyity.
(16) Direct traffic impact means any net increase in vehicle traffic generated by a proposed
development.
(17) Director means the director of the department of public works of the city of Federal 'Nay or
her/his designee.
(18) Level of service (LOS) means a qualitative measure describing operational conditions within a
traffic stream, described with alphabetical representations of "A" through "F" as defined in the Highway
Ordinance No. 08-
Page 21 of90
Capacity Manual prepared by the Transportation Research Board of the National Research Council, to
indicate the amount of congestion and delay at particular locations, and adopted by the city.
(19) Net new trips means the trip generation of the development activity less any allowable credit for
existing activity that will be replaced, demolished or abandoned as part of the development activity.
(20) Owner means, in reference to real property, the person or persons holding fee title to the property
as well as the purchaser or purchasers under any real estate contract in':olving the real property.
(21) Peak hour means the highest volume of traffic for a continuous hour between 4:00 p.m. and 6:00
p.m. on weekdays.
(22) Select zone analysis means a travel demand model analysis that identifies trips generated within
a selected transportation analysis zone.
(23) Six-year transportation improvement program (TIP) means the annually adopted transportation
improvement program which identifies all the city's transportation needs over the next six years,
including the total project costs.
(21) Standards means the adopted city of Federal Way development standards.
(25) Total project cost means the total cost for the transportation projects, as defined in the current
TIP. This cost includes, but is not limited to, studies, design, right-of-way acquisition, utility relocation,
grading, and construction.
(26) Transportation analysis zone means the area defined within a travel demand model representing
all the land uses contained within that area.
(27) Trip assignment means the determination within a travel demand model of the number and type
of trips using a defined roadway.
(28) Trip distribution means the determination within a travel demand model of the number and type
of trips traveling between any given pair of transportation analysis zones.
(29) Trip generation means the number of peak hour trips estimated to be produced by the
development activity using Institute of Traffic Engineers (ITE) Trip Generation, current edition, or other
methodology approved by the director.
(30) Trip generation credit means a reduction in the number of new peak hour trips attributed to an
application as described in FWCC 19-158, equal to the number of peak hour trips generated on the site
described on the application from uses that have had a SEP A analysis prior to the effective date of the
ordinance adopting this article that have ceased or will cease if the development permit is granted. (Ord,
No. 06-525, S 1 (Exh. A), 6-6-06)
SECTION 21. Chapter 20, Article I, Section 20-1, of the Federal Way City Code shall be amended to
read as follows:
20-1 Definitions.
The following words, terms and phrases, v:hen used in this chapter, shall have the meanings ascribed to
them in this section, except v/here the context clearly indicates a different meaning: The definitions in this
section apply throughout this chapter unless the context clearly requires otherwise. Terms not defined
here are defined according to FWCC 22-1 or 1-2 in that order.
Binding site plan means a plan drawn to scale processed in accordance with the provisions of this
chapter and Chapter 58.17 RCW. Binding site plans are divisions of land for sale or ground lease for
commercial, industrial, manufactured home parks, and condominium use.
Dedication means the deliberate appropriation of land by its owner for general and public use or
purpose, reserving no other rights than these that are compatible with the full exercise and enjoyment of
the public use or purpose to v/hich the property has been devoted.
Department means an administrative department of the city titled the department of community
development services.
Director means the director of community development unless otherwise indicated.
Ordinance No. 08-
Page 22 of90
Final plat means the final drawing of the subdivision and dedication prepared for filing for record
with the county auditor and containing all elements and requirements set forth for final plats in this
chapter and as required by state law.
Hearing examiner means the hearing mmminer operating pursuant to the powers and duties set forth
by Chapter n FWCC, Zoning.
Issuance, ',...hen used with respect to a decision of the director of community development services or
o decision of the hearing examiner issued under this chapter, means the date that is three days after the
date the written decision of the director or hearing examiner is mailed. Proof of mailing shall be affidavit
or by declaration under penalty of PCIjury.
Issuance, when used ','lith respect to a city council decision made by ordinance or resolution ','Ihile
sitting in a quasi judicial capacity, means the date on 'which the council passes the ordinance or
resolution, as evidenced by the date of passage indicated on the face of the ordinance or resolution.
Lot means a parcel of land having fixed boundaries described by reference to a recorded plat; a
recorded binding site plan; by metes and bounds; or by section, tovlllship, and range; and be of sufficient
orea to meet minimum zoning requirements.
Lot line elimination means the removal of interior lot lines of two or more separate lots with
contiguous ownership.
Open record hearing means 0 hearing that creates the city's record of decision for an application or
appeal through testimony and submission of e'lidence and information, under procedures prescribed by
the city's hearing examiner or the city council. ,'ill open record hearing may be held prior to the city's
decision on an application, or as part of an appeal.
Plat means a map or representation of a subdivision showing the division of a tract or parcel of land
into lots, blocks, streets, alleys, or other divisions and dedications.
Preliminary plat means a neat approximate drawing of a proposed subdivision showing the general
layout of streets and alleys, lots, blocks, and restrictive covenants to be applicable to the subdivision, and
other elements of a plat or subdivision which shall furnish a basis for the approval or disapproval of the
general layout of a subdivision.
Right of way means land dedicated or conveyed to the public or a unit of government, the primary
purpose of which is the movement of vehicles and pedestrians and providing for access to adjacent
parcels, with the secondarJ purpose of providing space for utility lines and appurtenances and other
devices and facilities benefiting the public.
Short plat means a final drawing of the short subdivision and dedication prepared for filing for record
with the county auditor and containing all elements and requirements set forth for short subdivisions in
this chapter and as required by state law.
Short subdivision means the division or redivision of land into four or less lots, tracts, parcels, sites,
or divisions for the purpose of sale, lease, or transfer,jncluding the division divisions of land into lots or
tracts which are one-one hundred twentieth of a section of land or larger, or five acres or larger if the land
is not capable of description as a fraction of a section of land-,--; pro'/ided, that for For purposes of
computing the size of any lot under this section which borders on a street or road, the lot size shall be
expanded to include the area which would be bounded by the centerline of the road or street and the side
lot lines of the lot running perpendicular to such center lot line.
Subdivider, developer or platter means any person or authorized representative undertaking the
subdividing or resubdividing of a lot, block or other parcel of land.
Subdivision means the division or redivision of land into five or more lots, tracts, parcels, sites, or
divisions for the purpose of sale, lease, or transfer, including the division and all resubdivision of land
except as pro'/ided in this chapter including di','isions of land into lots or tracts which are one-one hundred
twentieth of a section of land or larger, or five acres or larger if the land is not capable of description as a
fraction of a section of land:..-; provided, that for For purposes of computing the size of any lot under this
section which borders on a street or road, the lot size shall be expanded to include the area which would
Ordinance No. 08-
Page 230190
be bounded by the centerline of the road or street and the side lot lines of the lot running perpendicular to
such center lot line.
Tract means a fractional part of subdivided lands having fixed boundaries, which is dedicated or
reserved by appropriate covenant or plat restriction for purposes of ingress, egress, utility access, open
space, drainage or other purpose necessary to the public welfare.
Zoning restriction means the restrictions contained in Chapter 22 FWCC, Zoning. (Ord. No, 90-41, S
1(16.20),2-27-90; Ord. No. 97-291, S 3, 4-1-97; Ord. No. 98-309, S 3,1-6-98)
SECTION 22. Chapter 21, Article I, Section 21-1, of the Federal Way City Code shall be amended
and divided into separate sections to read as follows:
21-1 Definitions.
When used in this chapter, the f{)llov/ing words, terms and phrases shall have the meanings ascribed to
them in this section: The definitions in sections 21-1.1 through 21-1.26 apply throughout this chapter
unless the context clearly requires otherwise. Terms not defined in these sections are defined according to
FWCC 22-1, 18-27, 18-28, 18-163,20-1, or 1-2, in that order.
21-1.1 Definitions. A.
Abate means to repair, replace, remove, destroy, or otherwise remedy a condition which constitutes a
civil violation by such means, in such a manner, and to such an extent as the director determines is
necessary in the interest of the general health, safety, and welfare of the community.
Adjustment means a department approved variation in the application of the requirements of this
chapter and the King County Surface Water Design Manual and Federal Way Addendum to a particular
proj ect.
"'\KART is an acronym for "all known, ayailable, and reasonable methods of prevention, control, and
treatment." "'\KART shall represent the most current methodology that can be reasonably required for
preventing, controlling, or abating the pollutants associated with a discharge. The concept of "^..Y..J\RT
applies to both point and nonpoint sources of pollution.
}l.pplicant means a property owner or a public agency or public or private utility ',vhich ovms a right
of way or other easement or has been adjudicated the right to such an easement, or any pemon or entity
designated or named in ,,yriting by the property or easement ovmer to be the applicant, in an application
for a development proposal, permit, or approval.
Approval means the proposed work or completed work conforms to this chapter in the opinion of the
public works director.
/\quifer means a geologic stratum containing groundvlater that can be withdrawn and used for human
purposes.
21-1.2 Definitions. B.
Background conditions means the biological, chemical, and physical conditions of a water body
outside the area of influence of the discharge under consideration. Background sampling locations in an
enforcement action would be up gradient or outside the area of influence of the discharge. If several
discharges to any water body exist, and enforcement action is being taken for possible violations to the
standards, background sampling would be undertaken immediately up gradient from each discharge.
When assessing background conditions in the headwaters of a disturbed watershed, it may be necessary to
use the background conditions of a neighboring or similar watershed as the reference conditions.
Base flood means the !! flood having a one percent chance of being equaled or exceeded in any given
year~, also referred to as the "lOO-year flood." The base flood is determined for future flow conditions.
Base flood is designated on flood insurance rate maps by the letters A or V.
Basin means any area draining to a point of interest.
Ordinance No. 08-
Page 24 of90
Basin plan means a plan and all implementing regulations and procedures including but not limited to
capital projects, public education activities, land use management regulations adopted by ordinance for
managing surface and stormwater management facilities and features within individual sub-basins.
Berm means a constructed barrier of compacted earth.
Best management practices (BMP) (BMP's) means those practices 'Nhich pro','ide the best available
and reasonable physical, structural, managerial, or behavioral activity to reduce or eliminate pollutant
loads and/or concentrations lea','ing the site.
Blanket adjustment means an adjustment established by the city that can be applied routinely or
globally to all projects where appropriate. Blanket adjustments are usually based on a previously
approved adjustment and can be used to effect minor changes or corrections to the design requirements of
the King County Surface Water Design Manual, and F ederal Way Addendum or to add new designs and
methodologies to that manual.
BMP Manual means the King County "Stormwater Pollution Control Manual" (and supporting
documents as appropriate) describing best management practices, design, maintenance, procedures, and
guidance.
21-1.3 Definitions. C.
Change of use shall be determined to have occurred '",hen it is found that the general character of the
operation has been modified.
Channel means a long, narrow excavation or surface feature that conveys surface water and is open to
the air.
Chapter means Chaptcr 21 FWCC any administrative rules and regulations adopted to implcment it.
Clearing means the destruction and removal of vegetation by manual, mechanical, or chemical
methods.
Closed depression means an area which is low lying and either has no surface water outlet or has such
a limited outlet, that during storm events the area acts as a retention basin, with more than 5,000 square
feet of water surface area at overflow elevation.
Commercial agriculture means those activities conducted on lands defined in RCW 84.34.020(2), and
activities involved in the production of crops or livestock for wholesale trade. An activity ceases to be
considered commercial agriculture when the area on which it is conducted is proposed for conversion to a
nonagricultural use or has lain idle for more than five years, unless the idle land is registered in a federal
or state soils conservation program, or unless the activity is maintenance of irrigation ditches, laterals,
canals, or drainage ditches related to an existing and ongoing agricultural activity.
Construct or modify means to install a new drainage pipe/ditch or make improvements to an existing
drainage pipe/ditch (for purposes other than routine maintenance, repair, or emergency modifications, and
excluding driveway culverts installed as part of single-family residential building permits) that either
serve to concentrate previously unconcentrated surface and stormwater runoff to serve to increase,
decrease, and/or redirect the conveyance of surface and stormwater runoff.
Conveyance means a mechanism for transporting water from one point to another, including pipes,
ditches, and channels.
Conveyance system means the drainage facilities and features, both natural and constructed, which
collect, contain, and provide for the flow of surface and stormwater from the highest points on the land
down to a receiving water. The natural elements of the conveyance system include swales and small
drainage courses, streams, rivers, lakes, and wetlands. The constructed elements of the conveyance
system include gutters, ditches, pipes, channels, and most flow control and water quality treatment
facilities.
21-1.4 Definitions. D.
Detention means the release of surface and stormwater runoff from the site at a slower rate than it is
collected by the drainage facility system, the difference being held in temporary storage.
Ordinance No. 08-
Page 25 of90
Detention facility means a facility that collects water from developed areas and releases it at a slower
rate than it enters the collection system. The excess of inflow over outflow is temporarily stored in a pond
or a vault and is typically released over a few hours or a few days.
De','elopment means any acti'/ity that requires a permit or approval, including but not limited to a
building permit, grading permit, shoreline substantial development permit, conditional use permit, special
use permit, zoning variance or reclassification, subdivision, short subdh'ision, urban planned
development, binding site plan, site development, or right of way use permit.
Director means the director of the city of Federal Way public works department.
Discharge n., means runoff, excluding off site flows, leaving the proposed development through
overland flow, built conveyance systems, or infiltration facilities.
Discharge v., means to throw, drain, release, dump, spill, empty, emit, or pour forth any matter or to
cause or allow matter to flow, run, or seep from land or be thrown, drained, released, dumped, spilled,
emptied, emitted, or poured into water.
Ditch means a constructed channel with its top width less than 10 feet at design flow.
Drainage means the collection, conveyance, containment, and/or discharge of surface and stormwater
runoff.
Drainage area means an area draining to a point of interest.
Drainage basin means an area draining to a point of interest.
Drainage facility means a constructed or engineered feature that collects, conveys, stores or treats
surface and stormwater runoff. Drainage facilities shall include but not be limited to all constructed or
engineered streams, pipelines, channels, ditches, gutters, lakes, wetlands, closed depressions, flow control
or water quality treatment facilities, erosion and sedimentation control facilities, and other drainage
structures and appurtenances that provide for drainage.
Drainage review means an evaluation by Federal Way staff of a proposed project's compliance with
the drainage requirements in this chapter and the King County Surface Water Design Manual and Federal
Way Addendum.
21-1.5 Definitions. E.
Easement means the legal right to use a parcel of land for a particular purpose. It does not include fee
o','lllemhip, but it may restrict the owner's use of the land.
Emergency means a situation which, in the opinion of the director, requires immediate action to
prevent or eliminate an immediate threat to the health or safety of persons, property or the environment.
Engineering review means an evaluation by the Federal Way Public Works Department of a proposed
project's compliance with the drainage requirements in the King County Surface Water Design Manual,
Federal Way Addendum, and with other Federal Way requirements.
Environmentally sensitive areas means, at a minimum, areas which include wetlands, areas with a
critical recharging effect on aquifers used for potable water, fish and wildlife habitat conservation areas,
frequently flooded areas, and geologically hazardous areas.
Erosion means detaclunent and transport of soil or rocle fragments by water, ".ind, ice, etc.
Erosion and sediment control means any temporary or permanent measures taken to reduce erosion,
control siltation and sedimentation, and ensure that sediment-laden water does not leave the site.
Experimental BMP means a BMP that has not been tested and evaluated by the Department of
Ecology in collaboration with local governments and technical experts.
Experimental design adjustment means an adjustment used for proposing new designs or methods which
are different from those in the King County Surface Water Design Manual, and Federal Way Addendum
which are not uniquely site specific, and for which data sufficient to establish functional equivalence do
not exist.
21-1.6 Definitions. F.
Ordinance No. 08-
Page 26 of90
Farm management plan means a comprehensive site-specific plan developed by the farm owner in
cooperation with the city taking into consideration the land owner's objectives while protecting water
quality and related natural resources.
Federal Way Addendum to KCSWDM means the companion document to the KCSWDM that adapts
the KCSWDM for development applications in the city of Federal Way. This document can be obtained
from the Federal Way public works department.
FEMA means the Federal Emergency Management Agency.
Fertilizer means any material or mixture used to supply one or more of the essential plant nutrient
elements.
Financial guarantee means a form of financial security posted to ensure timely and proper completion
of improvements in compliance with the project's engineering plan, to ensure compliance with the
Federal Way City Code, and/or to warranty materials, workmanship of improvements and design.
Financial guarantees include assignments of funds, cash deposit, surety bonds, and/or other forms of
financial security acceptable to or required by the director of public works. The terms "performance
guarantee," "drainage facilities restoration and site stabilization guarantee," and "defect and maintenance
guarantee" are considered subcategories of financial guarantee. The term "financial guarantee" replaces
the term "bond" which had been used in prior editions of the King County Surface Water Design Manual.
Flood fringe means that portion of the floodplain outside of the floodway that is covered by
floodwaters during the base flood; it is generally associated with standing water rather than rapidly
flowing water.
Floodplain means the total area subject to inundation by the base flood including the flood fringe and
floodway.
Floodway means the channel of the river or stream and those portions of the adjoining floodplains
which are reasonably required to carry and discharge the base flood flow. The portions of the adjoining
floodplains which are considered to be "reasonably required" are defined by the city flood hazard
regulations.
Flow control facility means a drainage facility designed to mitigate the impacts of increased surface
and stormwater runoff generated by site development pursuant to the drainage requirements in Federal
Way regulations. Flow control facilities are designed either to hold water for a considerable length of time
and then release it by evaporation, plant transpiration, and/or infiltration into the ground, or to hold runoff
a short period of time and then release it to the conveyance system.
Forest practicefst-means any activity conducted on or directly pertaining to forest land and relating to
growing, harvesting, or processing timber, as defined in Chapter 222 16 Wl.C.including but not limited
to, road and trail construction, harvesting, final and intermediate, pre-commercial thinning, reforestation,
fertilization, prevention and suppression of diseases and insects, salvage of trees. and brush control.
Forest practice shall not include: Forest species seed orchard operations and intensive forest nursery
operations; or preparatory work such as tree marking. surveying and road flagging; or removal or harvest
of incidental vegetation from forest lands such as berries, ferns, greenery. mistletoe, herbs, mushrooms,
and other products which cannot normally be expected to result in damage to forest soils. timber or public
resources.
Forest land means all land which is capable of supporting a merchantable stand of timber and is not
being actively used for a use which is incompatible with timber growing. Forest land does not include
agricultural land that is or was enrolled in the conservation reserve enhancement program by contract if
such agricultural land was historically used for agricultural purposes and the landowner intends to
continue to use the land for agricultural purposes in the future. For small forest landowner road
maintenance and abandonment planning only, the term "forest land" excludes the following:
(1) Residential home sites. A residential home site may be up to five acres in size, and must have
an existing structure in use as a residence;
Ordinance No. 08-
Page 27 of90
(2) Cropfields, orchards, vineyards, pastures, feedlots, fish pens, and the land on which
appurtenances necessary to the production, preparation, or sale of crops, fruit, dairy products, fish, and
livestock exist.
Full drainage review means the basic evaluation required by this chapter of a proposed project's
compliance with the full range of core and special requirements in the King County Surface Water Design
Manual and Federal Way Addendum. This review addresses the impacts associated with adding new
impervious surface and changing land cover on typical sites. Full drainage review is required for any
proposed project that would not be eligible or subject to one of the drainage reviews which targets certain
types of projects.
21-1.7 Definitions. G.
Grade n., means either the slope of a road, channel, or natural ground.,....+fie; or the finished surface of
a canal bed, roadbed, top of embankment, ef bottom of excavation---.QI~ any surface prepared for the
support of construction (such as paving or the laying of a conduit).
Grade v., means to finish the surface of a canal bed, roadbed, top of embankment or bottom of
excavation.
Groundwater means woter in a saturated zone or stratum beneath the surface of land or bel 0':, a
surface water body.
21-1.8 Definitions. H.
Harmful materials means substances that may create a public nuisance or constitute a hazard to
humans, animals, fish or fowl, or any solid dangerous or extremely hazardous waste, as defined by
Chapter 173-304 WAC (Minimum Functional Standards for Solid Waste Handling) or Chapter 173-303
WAC (Dangerous Waste Regulations). "Harmful materials" also include substances that, when released
into the environment, may cause noncompliance with Chapter 246-290 WAC (Public Water Supplies),
Chapter 173-200 WAC (Water Quality Standards for Ground Waters of the State of Washington),
Chapter 173-201 WAC (Water Quality Standards for Surface Waters of the State of Washington),
Chapter 173-204 WAC (Sediment Management Standards), or Chapter 173-340 WAC (The Model
Toxics Control Act Cleanup Regulation).
High-use site means anyone of the following:
(I) A commercial or industrial site subject to an expected average daily traffic (ADT) count equal
to or greater than 100 vehicles per 1,000 square feet of gross building area; or
(2) A commercial or industrial site subject to petroleum storage and transfer in excess of 1,500
gallons per year, not including routinely delivered heating oil; or
(3) A commercial or industrial site subject to use, storage, or maintenance of a fleet of 25 or more
diesel vehicles that are over 10 tons net weight (trucks, buses, trains, heavy equipment, etc.); or
(4) A road intersection with a measured ADT count of 25,000 vehicles or more on the main
roadway and 15,000 vehicles or more on any intersecting roadway, excluding projects proposing
primarily pedestrian or bicycle use improvements.
21-1.9 Definitions. I.
Illicit discharge means all nonstormwater discharges to stormwater drainage systems that cause or
contribute to a violation of state water quality, sediment quality or groundwater quality standards,
including but not limited to sanitary sewer connections, industrial process water, interior floor drains, car
washing and greywater systems.
Impervious surface means a hard or compacted surface area which either prevents or retards the entry
of water into the soil mantle as under compared to natural conditions prior to development,~ andier
includes a hard or compacted surface area which causes water to run off the surface in greater quantities
or at an increased rate of flow from the .flow present under natural conditions prior to development.
Common impervious Impervious surfaces include, but are not limited to, pavement, graveL roofs, reef
Ordinance No. 08-
Page 28 of90
teptr, walkways, patios, driveways, parking lots, eF storage areas, concrete, eF asphalt paving, grevel
roads, packed earthen materials, anfr-oiled surfaces, macadam, eF and other surfaces which similarly
impede the natural infiltration of surface aHd or stormwater runoff. Open, uncovered flow control or water
quality treatments facilities shall not be considered impervious surfaces~ (-see See also "new impervious
surface"j.
Improvcmcnt means those structures commonly providcd whcn land is convcrtcd from its natural to a
developed state. Examples include roads (with or 'Nithout curbs or gutters), sidewalks, crosswalks,
parking lots, watcr mains, sanitary and storm sewcrs, drainage facilities, strect trecs, and other appropriate
item!r.
21-1.10 Definitions, J.
21-1.11 Definitions, K.
King County Stormwater Pollution Control Manual (KCSPCM) also described as the "BMP manual,"
means the document prepared by King County and adopted by Federal Way, that describes best
management practices, design, maintenance, procedures, and guidance.
King County Surface Water Design Manual means the manual (and supporting documents as
appropriate) describing surface and stormwater design and analysis requirements, procedures, and
guidance, and which is formally adopted herein by the city of Federal Way. The King County Surface
Water Design Manual will be available from the King County department of development and
environmental services or the department of natural resources.
21-1.12 Definitions, L.
Lake means an area permanently inundated by water in excess of two meters (seven feet) deep and
greater than 20 acres in size as measured at the ordinary high water mark.
Landslide means episodic downslope movement of a mass of soil or rockt and includes but is not
limited to rockfalls, slumps, mudflows, and earthflows.
Leachable materials, wastes, or chemicals means those substances which, when exposed to rainfall,
measurably alter the physical or chemical characteristics of the rainfall runoff; examples include erodible
soil, uncovered process wastes, manure, fertilizers, oily substances, ashes, kiln dust, garbage dumpster
leakage, etc.
21-1.13 Definitions, M.
Metals means elements, such as mercury, lead, nickel, zinc and cadmium, that are of environmental
concern because they do not degrade over time. Although many are necessary nutrients, they are
sometimes magnified in the food chain, and they can be toxic to life in high enough concentrations.
Mitigation means the reduction of a potential impact by the use of any or all of the following actions
that are listed in descending order of preference:
(1 ) Avoiding the impact altogether by not taking a certain action or part of an action;
(2) Minimizing impacts by limiting the degree or magnitude of the action and its implementation,
by using appropriate technology, or by taking affirmative steps to avoid or reduce impacts;
(3) Rectifying the impact by repairing, rehabilitating or restoring the sensitive area;
(4) Reducing or eliminating the impact over time by preservation and maintenance operations
during the life of the development proposal;
(5) Compensation for the impact by replacing, enhancing, or providing substitute sensitive areas;
(6) Monitoring the impact and taking appropriate corrective measures.
Monitoring means the collection and analysis of data by various methods for the purposes of
understanding natural systems and features, evaluating the impacts of development proposals on the
biological, hydrologic, and geologic elements of such systems, and assessing the performance of
mitigation measures imposed as conditions of development.
Ordinance No. 08-
Page 29 of90
21-1.14 Definitions. N.
National Pollutant Discharge Elimination System or NPDES means the national program for
controlling pollutant discharges into waters of the United States under the Clean Water Act.
National Pollutant Discharge Elimination System permit, or NPDES permit, means an authorization,
license, or an equivalent control document issued by the Environmental Protection Agency or the
Washington State Department of Ecology to implement the requirements of the NPDES program.
Natural location means the location of those channels, swales, and other non-manmade conveyance
systems as defined by the first documented topographic contours existing for the subject property, either
from maps or photographs, or such other means as appropriate.
New impervious surface means the addition of impervious surfaces a hard or compacted surface such
as pavement, gravel, dirt, or roofs, or the addition of a more impervious compaeted surface. such as the
paving of pre-existing dirt or gravel.
Nutrient means one of the essential chemicals needed by plants or animals for growth. Excessive
amounts of nutrients can lead to degradation of water quality and excessive algae growth. Some
nutrients can be toxic at high concentrations.
21-1.15 Definitions. O.
Offsite flows means runoff conveyed to a proposed project from adjacent properties.
Omission means a failure to act.
Onsite means the site that includes the proposed development (see "site").
Ordinary high ,yater mark means the mark that will be found by examining the bed and banks of a
stream and ascertaining where the presence and action of'lIaters are so common and usual, and so long
maintained in all ordinarj years, as to mark upon the soil a character distinct from that of thc abutting
upland, in respect to vegetation. In any area where the ordinary high water mark eannot be found, the line
of mean high ';I/ater shall substitute. _In any area ';I/here neither can be found, the channel bank shall be
substituted. In braided channels and alluvial fans, the ordinary high '.vater mark or substitute shall be
measured so as to include the entire stream feature.
Overtopping means to flow over the limits of a containment or conveyance elements.
21-1.16 Definitions. P.
Person means any individual (including their agents or assigns), partnership, corporation, association,
business, organization, cooperatiye, public or municipal corporation, or gO'iemment agency, however
designated.
Pesticide means any substance (usually chemical) used to destroy or control organisms; include
herbicides, insecticides, algicides, fungicides, and others. Many of these substances are manufactured and
are not naturally found in the environment. Others, such as pyrethrum, are natural toxins which are
extracted from plants and animals.
Plat means a map or representation of a subdi';ision showing the division of a tract or parcel of land
into lots, blocks, streets, or other divisions and dedications.
Pollution means contamination or other alteration of the physical, chemical, or biological properties,
of waters of the state, including change in temperature, taste, color, turbidity, or odor of the waters, or
such discharge of any liquid, gaseous, solid, radioactive or other substance into any waters of the state as
will or is likely to create a nuisance or render such waters harmful, detrimental or injurious to the public
health, safety or welfare, or to domestic, commercial, industrial, agricultural, recreational, or other
legitimate beneficial uses, or to livestock, wild animals, birds, fish or other aquatic life.
Pollution-generating impervious surface means an impervious surface considered to be a significant
source of pollutants in surface and stormwater runoff, including but not limited to surfaces, whether
paved or not, that receive direct rainfall or the run-on or blow-in of rainfall and are regularly used either
by motor vehicles. Such surfaces include those subject to ';chicular use or for the storage of erodible or
Ordinance No. 08-
Page 30 of90
leachable materials, wastes, or chemicals, and which receive direct rainfall or the run on or blo'J/ in of
rainfall. Regularly used surfaces include roads, unvegetated road shoulders, bike lanes within the traveled
lane of a roadway, driveways, parking lots, unfenced fire lanes, diesel equipment storage yards, and
airport runways. Regularly used surfaces do not include road shoulders primarily used for emergency
parking, paved bicycle pathways, bicycle lanes adiacent to unpaved or paved road shoulders primarily
used for emergency parking, fenced fire lanes, and infrequently used maintenance access roads. Thus, a
Examples include covered parking area areas would be included if runoff from uphill could regularly run
through it them or if rainfall could regularly blow in and wet the pavement surface, as well as metal7
Metal roofs are also considered pollution generating impervious surface unless they are treated to prevent
leaching.
Pollution-generating pervious surface means a non-impervious surface with vegetative groundcover
subject to use of pesticides and fertilizers. Such surfaces include, but are not limited to, the lawn and
landscaped areas of residential or commercial sites, golf courses, parks, and sports fields.
Preapplication means the meeting(s) and/or form(s) used by applicants for some development permits
to present initial project intentions to the city of Federal Way. Preapplication does not mean application.
Preapplication adjustment means an adjustment that can be requested prior to permit application. It is
useful for when an adjustment decision is needed to determine if a project is feasible, or when the
approval conditions must be known to determine if a project is viable before funding a full application,
The approval of preapplication adjustments is tied by condition to the project proposal presented at a
preapplieation meeting with the city.
Project means any proposed action to alter or develop a site which may also require drainage review.
Project site means that portion of a property or properties subject to proposed project improvements
including those required by this chapter.
21-1.17 Definitions. O.
21-1.18 Definitions. R.
Receiving waters means bodies of water or surface water systems receiving water from upstream
manmade or natural systems.
Redevelopment means, on an already developed site, the creation or addition of impervious surface;
the expansion of a building footprint or addition or replacement of a structure; structural development
including an increase in gross floor area and/or exterior construction or remodeling, where the structural
development exceeds 50 percent of the assessed or appraised value of the structure or improvement being
redeveloped; the repair or replacement of impervious surface that is not part of a routine maintenance
activity; a change of use which has a potential to release a new pollutant(s) to the city's surface water
systems; or land disturbing activities associated with impervious redevelopment the creation, repair,
replacement, or addition of impervious surface.
Regional retention/detention system means a stormwater quantity control structure designed to
prevent or correct existing or future excess surface water runoff problems of a basin or sub-basin. The
area downstream has been previously identified as having existing or predicted significant and regional
flooding and/or erosion problems. This term is also used when a detention facility is used to detain
stormwater runoff from a number of different businesses, developments or areas within a catchment.
Regulated lakes means the follov/ing wetlands as shown in the King County Wetlands Inventory
Notebooks, Volume 3 South:
(1) Lov/er Puget Sound 6, 7, 12, 15, 16 and 17;
(2) Hylebos 2, 11, 13, and 16.
Retention means the process of collecting and holding surface and stormwater runoff with no surface
outflow.
Retention/detention facility (RID) means a type of drainage facility designed either to hold water for a
considerable length of time and then release it by evaporation, plant transpiration, and/or infiltration into
Ordinance No. 08-
Page 31 of90
the ground; or to hold surface and stormwater runoff for a short period of time and then release it to the
surface and stormwater conveyance system.
Run-on or blow-in of rainfall means stormwater from uphill that could regularly run through an area,
or rainfall that could regularly be blown in and wet the pavement surface.
21-1.19 Definitions. S.
Scour means erosion of channel banks due to exceSSIve velocity of the flow of surface and
stormwater runoff.
Sediment means fragmented material which originates from weathering and erosion of rocks or
unconsolidated deposits, and '.vhich is transported by, suspended in, or deposited by \-vater.
Sedimentation menns the depositing or formation of sediment.
Shoreline substantial development is defined shall be as defined in RCW 90.58,030 except for those
activities exempted from the definition of substantial development in WAC 173-27-040 and for
developments exempted by RCW 90.58.140 (9) and (0). Chapter l8. FV/CC.
Short subdivision (also known as a "short plat") shall be as defined in Chapter 2.Q FWCC.
Single-family residential means a project that constructs or modifies a single-family dwelling unit
and/or makes related onsite improvements, such as driveways, roads, outbuildings, play courts, etc., or a
project that creates single-family residential lots such as a plat or short plat.
Site means the legal boundaries of the parcel or parcels of land for ....'hich an applicant has or should
have applied for authority from Federal Way to carry out a development activity, including any drainage
improvements required by this chapter. This term is equivalent to the term "subject property" as defined
in Chapter 22 FWCC, Zoning.
Site improvement plan consists of all the plans, profiles, details, notes and specifications necessary to
construct road, drainage structure.....Q[-an6 off-street parking improvements. A "modified site improvement
plan" means a limited or simplified "site improvement plan" used for some projects in targeted review
afl:4'or where major improvements are not proposed.
Small site drainage review means a simplified alternative to full drainage review for small residential
building and subdivision projects that add between two and 10,000 square feet of new impervious surface.
The core and special requirements applied under full drainage review are replaced with simplified small
site requirements which can be applied by a non-engineer.
Soil means the unconsolidated mineral and organic material on the immediate surface of the earth that
serves as a natural medium for the growth of land plants.
Source control BMP means a BMP intended to prevent contaminants from entering surface and
stormwater and/or groundwater including the modification of processes to eliminate the production or use
of contaminants. An example would be using less toxic alternatives to current products or sweeping
parking lots instead of washing them. Source control BMPs can be either structural or nonstructural.
Structural source control BMPs involve the construction of a physical structure onsite, or other type of
physical modification to a site; for example, using a covered area or berm to prevent clean stormwater
from entering a work area.
State waste discharge permit means an authorization, license, or an equivalent control document
issued by the Washington State Department of Ecology in accordance with Chapter 173-216 WAC.
Stormwater means surface water. ..../ater originating from rainfall and other precipitation that
ultimately flows into drainage facilities, rivers, streams, ponds, lakes, and wetlands, or flo....'s from springs
and seeps, as well as shnl1O\v ground'vVatcr.
Stormwater drainage system means constructed and natural features which function together as a
system to collect, convey, channel, hold, inhibit, retain, detain, infiltrate, divert, treat or filter stormwater.
"Stormwater drainage system" includes both public and privately owned features.
Stormwater facility means a constructed component of a stormwater drainage system, designed or
constructed to perform a particular function, or multiple functions. Stormwater facilities include, but are
not limited to, pipes, swales, ditches, culverts, street gutters, detention basins, retention basins,
Ordinance No. 08-
Page 32 0/90
constructed wetlands, infiltration devices, catchbasins, oil/water separators, sediment basins and modular
pavement. Stormwater facilities arc described in the stormwater management manual.
Stormwater System Operation and Maintenance Manual means the manual adopted by reference and
prepared by the city of Federal Way.
Stream means an area where surface waters produce a defined channel or bed. ,^. defined channel or
bed is an arca which demonstrates clear evidence of the passage of vlater and includes, but is not limited
to, bedrock channels, gravel beds, sand and silt beds, and defined channel swales, The channel or bed
need not contain vlater year round. This definition is not meant to include irrigation ditches, canals,
stormwater runoff devices, or other entirely artificial watercourses unless they are used by salmonids or
used to convey streams naturally occurring prior to construction. Those topographic featmes that
resemble streams but have no defined channels (e.g., sV/ales) shall be considered streams when
hydrologic and hydraulic analyses done pursuant to a development proposal predict formation of a
defined channel after development.
Subdivision (also knov/n as "plat") shall be as defined in Chapter 2Q FWCC.
Subj ect to vehicular use as used in the definition of pollution generating impervious surface, means a
surface that is regularly used by motor vehieles, "'/hether paved or not. The following are considered
regularly used smfaees: roads, unvegetated road shoulders, bike lanes within the traycIed lane of a
roadway, driyeways, parking lots, unfenced fire lanes, diesel equipment storage yards, and airport
runways. The following arc not considered regularly used surfaces: road shoulders primarily used f-or
emergency parking, paved bicycle pathways, bicycle lanes adjacent to unpaved or paved road shoulders
primarily used for emergency parking, fenced fire lanes, and infrequently used maintenance access roads.
Surface water and stonnwater means water stormv/ater originating from rainfall and other
precipitation that ultimately flows into drainage facilities, rivers, streams, springs, seeps, ponds, lakes, and
wetlands as well as shallow groundwater.
21-1.20 Definitions. T.
Targeted drainage review means an evaluation required by this chapter for certain types of proposed
projects where drainage review is abbreviated to address only those requirements that would apply to
those projects. Projects subject to this type of drainage review are typically small-site proposals or other
small projects that have site-specific or project-specific drainage concerns that must be addressed by a
licensed civil engineer or public works review staff.
Toxic means poisonous, carcinogenic, or otherwise directly harmful to life.
Treatment BMP means a BMP intended to remove contaminants once they are already contained in
stormwater. Examples of treatment BMPs include oil/water separators, biofiltration swales, and wet-
settling basins.
21-1.21 Definitions. U.
Utility means the Federal Way surface water management utility.
21-1.22 Definitions. V.
Vegetation means all organic plant life growing on the surface of the earth.
21-1.23 Definitions. W.
Watershed means the geographic region from which water drains toward a central collector such as a
stream, river, lake, or salt water.
Wetland edge means the line delineating the outer edge of a wetland established by using the Federal
Manual for Identifying and Delineating Jurisdictional WetIands (January 10, 1989), jointly published by
the U.S. EllYironmental Protection ,^.gency, the U.S. Fish and 'Nildlife Service, the U.S. l\rmy Corps of
Engineers, and the U.S. Soil Conservation Service.
Ordinance No. 08-
Page 33 of90
Wetlands means those areas that are inundated or saturated by surface or groundwater at a frequency
and duration sufficient to support, and that under normal circumstances do support, a prevalence of
vegetation typically adopted for life in saturated soil conditions. Wetlands generally include SV/amps,
marshes, bogs, and similar areas. (U.S. ,^.rmy Corps of Engineers Regulation 33 CFR 328.3 (1988)).
Vletlands in Federal 'Nay include all area v/aterward from the wetland edge. Where the vegetation has
been removed, a wetland shall be determined by the presence of hydric soils, as well as other
documentation of the previous existence of'lIetland vegetation such as aerial photographs. This definition
shall not conflict '.vith Fedoral \Vay zoning code (Chapter II F\VCC).
21-1.24 Definitions. X.
21-1.25 Definitions. Y.
21-1.26 Definitions. Z.
(Ord. No. 99-352, S 3, 11-16-99)
SECTION 23. Chapter 21, Article V, Section 21-103, of the Federal Way City Code shall be
amended to read as follows:
21-103 Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed
to them in this article, except '.vhere the context clearly indicates a diffClent meaning. Unless specifically
defined below, terms or phrases used in this article shall be interpreted so as to give them the meaning
they have in common usage and to gi';e this article its most reasonable application. The definitions in this
section apply throughout this article unless the context clearly requires otherwise. Terms not defined here
are defined according to FWCC 22-1, 21-1, or 1-2 in that order,
Actual start of construction means either the first placement of permanent construction of a structure
on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, any
work beyond the stage of excavation, or the placement of a manufactured home on a foundation.
Permanent construction does not include land preparation, such as clearing, grading and filling; nor does
it include the installation of streets and/or walkways; nor does it include excavation for a basement,
footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on
the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of
the main structure. Actual start of construction for a substantial improvement, means the first alteration of
any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the
external dimensions of the building.
Appeal means a request for a review of the interpretation of any provision of this article or a request
for a variance.
Area of shallow flooding means designated as AO or AH zone on the flood insurance rate map
(FIRM). AO zones have base flood depths that range from one to three feet above the natural ground; a
clearly defined channel does not exist; the path of flooding is unpredictable and indeterminate; and
velocity flow may be evident. AO is characterized as sheet flow; AH indicates ponding, and is shown
with standard base flood elevations.
Area of special flood hazard means the land in the flood plain within a community subject to a one
percent or greater chance of flooding in any given year. Designation on maps always includes the letters
AorV.
. Base flood means the flood having a one percent chance of being equaled or exceeded in any given
year (also referred to as the "1 OO-year flood"). Designated on flood insurance rate maps by the letters A
orV.
Ordinance No. 08-
Page 34 of90
Basement means any area of the building having its floor sub-grade (below ground level) on all sides.
Breakaway wall means a wall that is not part of the structural support of the building and is intended
through its design and construction to collapse under specific lateral loading forces, without causing
damage to the elevated portion of the building or supporting foundation system.
Coastal high hazard area means an area of special flood hazard extending from offshore to the inland
limit of a primary frontal dune along an open coast and any other area subject to high velocity wave
action from storms or seismic sources. The area is designated on the FIRM as zone VI-30, VE or V.
Critical facility means a facility for which even a slight chance of flooding might be too great. Critical
facilities include (but are not limited to) schools, nursing homes, hospitals, police, fire and emergency
response installations, and installations which produce, use, or store hazardous materials or hazardous
waste.
Development means any manmade change to improved or unimproved real estate, including but not
limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling
operations or storage of equipment or materials located v/ithin the area of special flood hazard.
Director means the director of the city of Federal Way community development department or his or
her designee.
Elevated building means, for insurance purposes, a nonbasement building that has its lowest elevated
floor raised above ground level by foundation walls, shear walls, post, piers, pilings, or columns.
Elevation certificate means the official form (FEMA Form 81-31) used to track development, provide
elevation information necessary to ensure compliance with community floodplain management
ordinances, and determine the proper insurance premium rate with Section B completed by Federal Way.
Existing manufactured home park or subdivision means a manufactured home park or subdivision for
which the construction of facilities for servicing the lots on which the manufactured homes are to be
affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final
site grading or the pouring of concrete pads) is completed before the effective date of the adopted
floodplain management regulations.
Expansion to an existing manufactured home park or subdivision means the preparation of additional
sites by the construction of facilities for servicing the lots on Which the manufactured homes are to be
affixed (including the installation of utilities, the construction of streets, and either final site grading or the
pouring of concrete pads).
Flood or flooding means a general and temporary condition of partial or complete inundation of
normally dry land areas from:
(1) The overflow of inland or tidal waters; and/or
(2) The unusual and rapid accumulation of runoff of surface waters from any source.
Flood insurance rate map (FIRM) means the official map on which the Federal Insurance
Administration has delineated both the areas of special flood hazards and the risk premium zones
applicable to the community.
Flood insurance study (FIS) means the official report provided by the Federal Insurance
Administration that includes flood profiles, the flood boundary-floodway map, and the water surface
elevation of the base flood.
Floodway means the channel of a river or other watercourse and the adjacent land areas that must be
reserved in order to discharge the base flood without cumulatively increasing the water surface elevation
more than one foot.
Lowest floor means the lowest floor of the lowest enclosed area (including basement), except that
where an Aft unfinished or flood resistant enclosure, usable solely for parking of vehicles, building
access, or storage in an area other than a basement area, is not considered a building's lowest floor;
provided, that such enclosure is net built so as to render the strueture in violation of in compliance with
the applicable non-elevation design requirements of this article found at FWCC 21-113( 1 )(b ), the next
lowest enclosed area is the lowest floor. (i.e., pro'/ided there arc adequate flood ventilation openings).
Ordinance No. 08-
Page 35 of90
Manufactured home means a structure, transportable in one or more sections, which is built on a
permanent chassis and is designed for use with or without a permanent foundation when attached to the
required utilities,,-. The term "manufactured home" but does not include a "recreational vehicle."
Manufactured home park or subdivision means a parcel (or contiguous parcels) of land divided into
two or more manufactured home lots for rent or sale.
New construction means structures for which the "start of construction" commenced on or after the
effective date of the ordinance codified in this article.
New manufactured home park or subdivision means a manufactured home park or subdivision for
which the construction of facilities for servicing the lots on which the manufactured homes are to be
affixed (including at a minimum the installation of utilities, the construction of streets, and either final site
grading or the pouring of concrete pads) is completed on or after the effective date of adopted floodplain
management regulations.
Recreational vehicle means a vehicle:
(1) Built on a single chassis;
(2) Four hundred square feet or less when measured at the largest horizontal projection;
(3) Designed to be self-propelled or permanently towable by a light duty truck; and
(4) Designed primarily not for use as a permanent dwelling but as temporary living quarters for
recreational, camping, travel, or seasonal use.
Start of construction includes substantial improvement, and means the date the building permit was
issued, proyided where the actual start of construction, repair, reconstruction, placement or other
improvement was occurs within 180 days of the permit date, See also "actual start of construction." =Rre
"actual start" means either the first placement of permanent construction of a structure on a site, such as
the pouring of slab or footings, the installation of piles, the construction of cohmms, or any work beyond
the stage of excavation; or the placement of a manufactured home on a foundation. Permanent
construction docs not include land preparation, such as clearing, grading and filling; nor does it include
the installation of streets and/or walkv/ays; nor does it include excavation for a basement, footings, piers,
or foundations or the erection of temporary forms; nor does it include the installation on the property of
accessory buildings, such as garages or sheds not occupied as dwelling nnits or not part of the main
structure. For a substantial improvement, the "actual start" of construction, means the first alteration of
any wall, ceiling, floor, or other structural part of a building, v/hether or not that alteration affects the
external dimensions of the building.
Structure means a walled and roofed building, including a gas or liquid storage tank that is principally
above ground.
Substantial damage means damage of any origin sustained by a structure whereby the cost of
restoring the structure to its before-damaged condition would equal or exceed 50 percent of the market
value of the structure before the damage occurred.
Substantial improvement means any repair, reconstruction, or improvement of a structure, including
any repair or reconstruction, where the cost of wffieh the improvement equals or exceeds 50 percent of the
market value of the structure either.;
(1) Before before the improvement or repair is started;, or..if
(2) If the structure has been damaged and is being restored, before the damage occurred. For the
purposes of this definition "substantial improvement" is considered to_occur \-vhen the first alteration of
any \vall, ceiling, floor, or other structural part of the building commences, whether or not that alteration
affects the external dimensions of the structure.
The term can exeIude: Substantial improvement does not include:
~ Any project for improvement of a structure to correct pre-cited existing violations of state or local
health, sanitary, or safety code specifications which have been previously identified by the local code
enforcement official and which are the minimum necessary to assure safe living conditions; or (4j Any
alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic
Places.
Ordinance No. 08-
Page 36 of90
Substantial improvement begins when the first alteration of any walL ceiling, floor, or other structural
part of the building commences, whether or not that alteration affects the external dimensions of the
structure.
Variance means a grant of relief from the requirements of this article that permits construction in a
manner that would otherwise be prohibited by this article.
Water dependent means a structure for commerce or industry that cannot exist in any other location
and is dependent on the water by reason of the intrinsic nature of its operations. (Ord. No. 06-536, ~
2(Exh. A), 11-7-06)
SECTION 24, Chapter 22, Article I, Section 22-1, of the Federal Way City Code shall be amended to
read as follows:
22-1 Definitions.
The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to
them in this section, except 'Nhere the context dearly indicates a different meaning: The definitions in
sections 22-1.1 through 22-1.26 apply throughout this chapter unless the context clearly requires
otherwise. Terms not defined in these sections are defined according to FWCC 1-2.
22-1.1 Definitions. A.
Abandoned means knowing relinquishment, by the owner, of right or claim to the subject property or
structure on that property, without any intention of transferring rights to the property or structure to
another owner, tenant, or lessee, or of resuming the owner's use of the property. "Abandoned" shall
include includes but ¬ be limited to circumstances involving tax forfeiture, bankruptcy, or mortgage
foreclosure.
Abandoned personal wireless service facility means a PWSF that meets the following:
(l) Operation has voluntarily ceased for a period of 60 or more consecutive days; or
(2) The effective radiated power of an antenna has been reduced by 75 percent for a period of 60
or more consecutive days; or
(3) The antenna has been relocated at a point less than 80 percent of the height of the support
structure; or
(4) The number of transmissions from an antenna has been reduced by 75 percent for a period of
60 or more consecutive days.
Accessory means a use, activity, structurc or part of a structure which is subordinate and incidental in
size, scale, design, or purpose to the main activity principal use or structure on the subject property~, and
supports the principal use or structure without displacing or dominating it. See FWCC 22-946. Generally,
accessory uses, facilities and activities normally associated -:lith a permitted use arc permitted as part of
that use.
Accessory dwelling unit (ADD) means either a freestanding detached structure, excluding outdoor
storage containers and similar structures used or designed to be used as living facilities, or an attached
part of a structure which is accessory, subordinate, and incidental to the main or primary dwelling unit
located on the subject property, providing complete, independent living facilities exclusively for one
single housekeeping unit, including permanent provisions for living, sleeping, cooking and sanitation.
See FWCC 22-965. ADD's include:
0) ADD, detached means a freestanding accessory dwelling unit that is not attached or physically
connected to the primary dwelling unit.
(2) ADD, attached means an accessory dwelling unit that has one or more vertical and/or
horizontal walls, in common with or attached to the primary dwelling unit.
f~ccessory hardship d'vvelling unit means an attachcd ADD which satisfies the criteria set forth in
F'NCC 22965.
Ordinance No. 08-
Page 37 of90
Accessory living facility means an area or structure on the subject property, which is accessory to a
permitted use on a commercial subject property, providing provisions for living, cooking, sleeping and
sanitation for an employee on the subject property and that employee's family, or for the business
owner/operator and that person's family.
Active usefs-t means uses that by their very nature generate activity, and thus opportunities for natural
surveillance, such as picnic areas, extracurricular school activities, exercise groups, etc.
Administrator for the purpose of sign regulations means the director or his/her designated
representative.
Adjoining means property that touches or is directly across a street from the subject property. For the
purpose of height regulations, any portion of a structure which is 100 feet or more from a low density
zone is not considered to be adjoining that zone.
Adult entertainment activity or use shall mean all of the following:
(1) Adult theater shall mean a building or enclosure or any portion thereof used for presenting
material distinguished or characterized by an emphasis on matter depicting, describing or relating to
specified sexual activities or specified anatomical areas (defined as follows) for observation by patrons
therein and which excludes minors by virtue of age.
a. Specified anatomical areas shall mean both of the following:
1. When less than completely and opaquely covered:
i. Human genitals or pubic region;
ii. Human buttock;
iii. Human female breast below a point immediately above the top of the areola;
2. Human male genitals in a discernibly turgid state, even if completely and opaquely
covered.
b. Specified sexual activities shall mean all of the following:
1. Human genitals in a state of sexual stimulation or arousal;
2. Acts of human masturbation, sexual intercourse or sodomy;
3. Fondling or other erotic touching of human genitals, pubic region, buttock or breast.
(2) Adult bookstore shall mean an establishment which in whole or in portion thereof has a
substantial or significant portion of its stock and trade books, magazines or other periodicals, which are
distinguished or characterized by an emphasis on matter depicting, describing or relating to "specified
sexual activities" or "specified anatomical areas" and which excludes minors by virtue of age.
(3) Adult cabaret shall mean a cabaret, nightclub or other establishment which features go-go
dancers, exotic dancers, strippers, male or female impersonators, similar entertainers or attendants, who
are so clothed or dressed as to emphasize specified anatomical areas and/or whose performances or other
activities include or mimic specified sexual activities and which establishment excludes minors by virtue
of age.
Activities and uses defined as "adult entertainment activity or use" are only permitted in the :z;one
v/here that term is specifically listed as an allm,vable use and only in conformance to the requirements as
stated for that use.
Adult-oriented merchandise shall mean any goods, products, commodities, or other wares, including,
but not limited to, videos, CD-ROMs, DVDs, magazines, books, pamphlets, posters, cards, periodicals, or
nonclothing novelties which depict, describe, or simulate "specified anatomical areas" or "specified
sexual activities" (defined below).
Agricultural use means any agricultural, stable or livestock use listed as an allowable use in the
suburban estate zones.
Air rights means the right to, in some manner, control the use of the space above the surface of the
ground.
AKART means "=all known, available and reasonable methods of prevention, control and
treatment", and is the most current methodology that can be reasonably required for preventing,
controlling, or abating the pollutants associated with a point or nonpoint discharge. as interpreted in W,^...C
Ordinance No. 08-
Page 38 0{90
173 20U. 020. This is a technology based approach to limiting pollutants from wastey.ater discharges,
'Nhich requires both an engineering and economic judgment. See also best management practices.
Alluvium means soil deposits transported by surface waters.
Antenna(s) means any system of electromagnetically tuned wires, poles, rods, reflecting discs or
similar devices used to transmit or receive electromagnetic waves between terrestrial and/or orbital based
points, including, but is not limited to:
(I) Omni-directional (or "whip") antenna(s) transmits and receives radio frequency signals in a 360-
degree radial pattern.
(2) Directional (or "panel") antenna(s) transmits and receives radio frequency signals in a specific
directional pattern of less than 360 degrees.
(3) Parabolic (or "dish") antenna(s) is a bowl-shaped device for the reception and/or transmission of
communications signals in a specific directional pattern.
(4) Ancillary antenna is an antenna that is less than 12 inches in its largest dimension and that is not
directly used to provide personal wireless communications services. An example would be a global
positioning satellite (GPS) antenna.
Antique or collectible means any article which, because of age, rarity, or historical significance, has a
monetary value greater than its original value, or which has an age recognized by the United States
government as entitling the article to an import duty less than that prescribed for contemporary
merchandise. j\ store or shop selling only such articles, or offering them for sale, shall be considered as a
dealership selling antiques or collectibles and not as a dealership selling second hand merchandise.
1'\pplicant means both of the folloviing, depending on the content:
(I) }. person 'Nho applies for any permit or approval to do anything goyerned by this chapter, V/hich
person must be the oVlller of the subj ect property, the authorized agent of the owner, or the city.
(2) 1A,ny person who is engaging in an acti'.ity governed by this chapter or 'lIho is the owner of
property subject to this chapter.
Applicant means a person who, whether personally or through an agent, seeks, requests, or applies for
any permit, approvaL license, franchise, development proposaL or capacity reserve certificate (CRC); a
person who is the owner of property subiect to this chapter, and a person who is engaged, whether
personally or through an agent, in development activity. Applicant includes both the principal and any
agent.
Aquifer means a geological formation that is capable of yielding a usable amount of fresh water to a
well or spring. a water bearing porous soil or rode strata capable of yielding a significant amount of
groundwater to wells or springs.
Arcade means a linear pedestrian walkwav that abuts and runs along the facade of a building. It is
covered, but not enclosed, and open at all times to public use. Typically, it has a line of columns along its
open side. There may be habitable space above the arcade.
Architectural embellishments for sign regulations mean the aesthetic elements of the structure that
includes or encloses a sign. They do not include any copy, text, logos, graphics, or other elements of the
sign face or sign base, but are solely intended to enhance the aesthetics of the structural elements
surrounding or supporting the sign.
Average building elevation (ABE) means a reference datum on a subject property from 'which
building height is measured. ",\BE is the average of the highest and lowest existing or proposed
elevations, whichever is lowest, taken at the base of the exterior walls of the structure, or it means~
provided, that ABE shall not be greater than five feet above the lowest of the existing or proposed
elevation elevations; whichever is lowest. ABE is the elevation from which building height is measured.
Average slope means the average grade of land within each land area representing a distinct
topographical change.
Awning means a nonrigid, roof-like cover that proiects from a building as a shelter, but that does not
proiect above the adiacent parapet or roof of a supporting building.
Ordinance No. 08-
Page 39 of90
22-1.2 Definitions. B.
Backfill means material placed into an excavated area, pit, trench or behind a constructed retaining
wall or foundation.
Balloon means an inflatable device, generally composed of a thin layer of latex or mylar. into which a
gas (typically helium) is inserted in order to cause it to rise or float in the atmosphere. (See also
"Inflatable advertising device.")
BMPs or best management practice(s) means maintenance measures and operational practices that are
considered the most effective, practical means of preventing or reducing pollution from nonpoint or point
sources. BMPs are defined by trade organizations, government agencies, and other organizations inyolved
in pollution prcvention and environmental regulation. Best management practices (BMP's) means those
practices which provide the best available and reasonable physicaL structuraL manageriaL or behavioral
activity to reduce or eliminate pollutant loads and/or concentrations leaving a site.
Building means a roofed structure used for or intended for human occupancy any structure having a
roof supported by columns or walls and intended for the shelter, housing, or enclosure of any individual.
animaL process, equipment, goods, or materials of any kind.
Building mounted signs means all of the follov/ing: ',vall mounted signs, marquee signs, under
marquee signs and projecting signs.
Bulkhead means a wall or embankment used for retaining earth.
Business or vocational school means a post-secondary institution that offers instruction in business
principles and practices that will enhance one's ability to perform in a business setting, i.e., secretarial,
accounting, purchasing, computer programming or usage, or training in fields such as health services,
restaurant management, real estate, beautician training, or professional training or continuing education in
these or similar fields.
22-1.3 Definitions. C.
Canopy means a permanent, rigid, roof-like structure that projects from a building as a shelter, with
no habitable space above it, but that does not project above the adjacent parapet or roof of a suplJorting
building. A freestanding canopy is a rigid roof-like structure providing shelter that is supported by one or
more posts embedded in the ground.
Cargo containers - See Outdoor Storage Containers and Portable Moving Containers.
Cell-on-wheels (C-O-W) means a mobile temporary personal wireless service facility.
Cemetery means land used or intended to be used for the burial of the dead and dedicated for
cemetery purposes, including columbariums, crematories, mausoleums and mortuaries, and related uses,
when operated in conjunction with and within boundaries of such cemetery.
Change of use means a change of use dctennined to have occurred when it is found that the general
character of the operation a use has been modified. This determination shall include but not be limited to
!! review of; but not be limited to:
(1) Hours of operation;
(2) Required parking;
(3) Traffic generation;
(4) General appearance;
(5) Type, extent or amount of indoor or outdoor storage; and
(6) Constituents of surface water discharge or runoff.
Church, synagogue or other place of religious worship means an establishment, the principal purpose
of which is religious worship and for which the principal building or other structure contains the
sanctuary or principal place of worship, and which establishment may include related accessory uses.
Closs I home occupation means those home businesses that qualify as home occupations under this
zoning chapter, except family child care homes.
Class II home occupation means those family child care homes that qualify under FWCC 22 1069.
Ordinance No. 08-
Page 40 0190
Clearview zone means the areas around intersections, including the entrance of driveways onto
streets, which must be kept clear of sight obstruction. See FWCC 22- 1151.
College or university means a post-secondary institution for higher learning that grants associate or
bachelor degrees and may also have research facilities and/or professional schools that grant master and
doctoral degrees. This may also include community colleges that grant associate or bachelor degrees or
certificates of completion in business or technical fields.
Collocation means the placement and arrangement of multiple providers' antennas and equipment on
a single support structure or equipment pad area.
Commercial recreation facility means an indoor facility and use operated for profit, with private
facilities, equipment or services for recreational purposes including swimming pools, tennis courts,
playgrounds and other similar uses. The use of such an area may be limited to private membership or may
be open to the public upon the payment of a fee.
Commercial use means the uses allowed in the commercial zones and the nonindustrial uses
permitted in the commercial enterprise zone and not permitted in any other zones of the city.
Commercial vehicle means, unless exempted by PNCC 22 I 176 and 22 1178, any truck over 10,000
pounds gross vehicle weight rating (GVWR), as defined in RCW 46.25.010, the Revised Code of
Washington (RCW), the principal use of which is typically used principally for the transportation of
commodities, vehicles, merchandise, produce, freight, or animals; ef as well as any bulldozers, backhoes,
cranes, aHd or similar construction equipment.
Commercial zones means the BN, BC, CC-C and CC-F zoning districts.
Common space means an area within a development. which is used primarily by the occupants of that
development. such as an entryway, lobby, courtyard, outside dining area, etc.
Common recreational open space usable for many activities means any area available to all of the
residents of the subject property that is appropriate for a variety of active and passive recreational
activities (including activities suitable for all age groups) and is not:
(I) Covered by buildings or parking or driving areas.
(2) Covered by any vegetation that impedes access.
(3) On a slope that is too steep for recreational activities.
Community recreation area or clubhouse means an area devoted to facilities and equipment for
recreational purposes, such as swimming pools, tennis courts, playgrounds, community clubhouses and
other similar uses, which area is maintained and operated by a nonprofit club or organization whose
membership is limited to the residents within a specified development or geographic area.
Community service event or civic event means an event or gathering (such as a food fest. concert, fun
run, cultural exhibition, or charitable fund raising event) sponsored by a private or public nonprofit
organization. Sponsoring organizations can include, but are not limited to, schools, churches, and/or civic
fraternal organizations, theater and arts groups, and charitable organizations. The event may not be
primarily for the purpose of selling or promoting merchandise or services,
Comprehensive plan means the ordinances of the city, as adopted and amended from time to time,
under RCW 35A.63.060 through 35A.65.080 and the shoreline master program.
Contour line means the interconnection of points having the same height above sea level.
Convalescent center means an inpatient facility, excluding facilities defined as hospitals, for patients
who are recovering from an illness or who are receiving care for chronic conditions; mental, physical,
emotional or developmental disabilities; terminal illness; or alcohol or drug treatment and may include
assisted living facilities.
Copy for signs means the graphic content of a sign surface in either permanent or removable letter,
pictographic, symbolic, or alphabetic form.
Cottage housing development (CHD) means residential development consisting of clusters of
between four and 16 detached dwelling units, that includes cottages and may include compact single-
family units and meets the following criteria:
(1) Dwelling units are limited to a maximum square footage; and
Ordinance No. 08-
Page 410[90
(2) Dwelling units are grouped around a common open space; and
(3) Developments meet a set of design criteria not applicable to typical single-family
developments as stipulated in Article XII of this chapter.
Critical aquifer recharge areas means areas in which water reaches the zone of saturation by surface
infiltration. These areas arc and include areas hydrogeologically susceptible to contamination and
contamination loading potential including, but not limited to, such areas as sole water source aquifer
recharge areas, special protection groundwater management areas, wellhead protection areas, and other
areas with a critical recharging effect on aquifers used for potable water.
Cross-section (drawing) means a visual representation of a vertical cut through a structure or any
other three-dimensional form.
Curb cut means the connection of a driveway with a street, which may entail a structural alteration to
the curb by lowering the height of part of the curb.
22-1.4 Definitions. D.
Day care facility means the temporary, nonresidential care of persons in a residence or other structure
on a regular, recurring basis.
Dedication means the deliberate appropriation of land by its owner for public use or purpose,
reserving no other rights than those that are compatible with the full exercise and enjoyment of the public
uses or purposes to which the property has been devoted.
Deleterious substance includes, but is not limited to, chemical and microbial substances that are
classified as hazardous materials under this section, "hazardous materials," whether the substances are in
usable or waste condition, that have the potential to pose a significant groundwater hazard, or for which
monitoring requirements of treatment-based standards are enforced under Chapter 246-290 WAC.
Development means any human activity consisting of any construction, expansion, reduction,
demolition, or exterior alteration of a building or structure; any use, or change in use, of a building or
structure; any human caused change to land whether at, above, or below ground or water level; and any
use, or change in use, of land whether at, above, or below ground or water level. Development includes,
but is not limited to, any activity that requires a permit or approval under zoning ordinances, subdivision
ordinances, building code ordinances, critical areas ordinances, all portions of a shoreline master
program, surface water ordinances, planned unit development ordinances, binding site plan ordinances,
and development agreements; including but not limited to any activity that requires a building permit,
grading permit, shoreline substantial development permit, conditional use permit, special use permit,
zoning variance or reclassification, subdivision, short subdivision, urban planned development, binding
site plan, site development, or right-of-way use permit. Development also includes, but is not limited to,
filling, grading, paving, dredging, excavation, mining, drilling, bulkheading; driving of piling; placing of
obstructions to any right of public use, and the storage of equipment or materials.
Development activity means any work, eondition or activity vlhich requires a permit or approval
under this chapter or the city's building code.
Development permit means any pennit or approval under this chapter or the city's building code that
must be obtained before initiating a use or development aeti'lity.
Development regulation means controls placed on development or land use, but does not include
decisions to approve a proiect permit application even though they may be expressed in a resolution or
ordinance.
Director means the director of the department of community development, also known as the
department of community development services, unless the context indicates otheIWise.
Domestic animal means an animal which can be and is customarily kept or raised in a home or on a
farm.
Domestic violence shelters means housing for adult women or men and their dependent children, if
any, who are victims of domestic violence perpetrated by the spouse, domestic partner or significant other
of the adult victim.
Ordinance No. 08-
Page 42 of90
Dredging means removal of earth and other materials from the bottom of a body of water.....J! ef
watercourse...or frem a wetland.
Dredging spoils means the earth and other materials removed from the bottom of a body of water...!! ef
watercourse...or frem a wetland by dredging.
Driveway means an area of the subject property designed to provide vehicular access to a parking
area or structure located on the subject property.
Dry land means the area of the subject property landward of the high water line.
Dwelling unit means one or more rooms in a structure or structures, excluding mobile homes and
outdoor storage containers and similar structures used or designed to be used as living facilities. providing
complete, independent living facilities exclusively for one family, including permanent provisions for
living, sleeping, cooking and sanitation. A factory-built home or manufactured home is considered a
dwelling unit under this chapter only if it meets the standards and criteria of a designated manufactured
home established in RCW 35A.63.l45. There are the following eight types of dwelling units:
(1) Dwelling unit, attached, means a dwelling unit that has one or more vertical walls in common
with or attached to one or more other dwelling units or other uses and does not have other dwelling units
or other uses above or below it.
(2) Dwelling unit, detached, means a dwelling unit that is not attached or physically connected to
any other dwelling unit or other use.
(3) Dwelling unit, stacked, means a dwelling unit that has one or more horizontal walls in
common with or attached to one or more other dwelling units or other uses and may have one or more
vertical walls in common with or adjacent to one or more other dwelling units or other uses.
(4) Dwelling unit, multifamily, means a building containing two or more dwelling units, which
are either attached or stacked. See definition of "dwelling unit, townhouse,"
(5) Dwelling unit, multiple unit housing, means dwelling unit, multifamily.
(6) Dwelling unit, small lot detached, means detached residential dwelling units developed on
multifamily-zoned property. Each unit is located on its own fee-simple lot. One of the dwelling unit's
sides may rest on a lot line (zero lot line) when certain site development conditions are met.
(7) Dwelling unit, townhouse, means a type of attached multifamily dwelling in a row of at least
two such units in which each unit has its own front and rear access to the outside, no unit is located over
another unit, and each unit is separated from any other unit by one or more vertical common fire-resistant
walls.
(8) Dwelling unit, zero lot line townhouse, means attached residential dwelling units with
common (or "party") walls. Each unit is located on a lot in such a manner that one or more of the
dwelling's sides rests on a lot line. Each unit has its own entrance opening to the outdoors (to the street,
alley, or private tract) and, typically, each house is a complete entity with its own utility connections.
Although most townhouses have no side yards, they have front and rear yards. The land on which the
townhouse is built, and any yard, is owned in fee simple.
22-1.5 Definitions, E.
Easement means t.h~Jight to use the real property of another for a specific purpose. land y,hich has
specific air, surface or subsurface rights com'eyed for use by someone other than the owner ofthe subject
property or to benefit some property other than the subject property.
EMF means electromagnetic field, which is the field produced by the operation of equipment used in
transmitting and receiving radio frequency signals.
Equipment shelter means the structure associated with a PWSF that is used to house electronic
switching equipment, cooling system and back-up power systems.
Erosion and deposition means the removal and transport of soils or rock fragments and the placement
of these removed soils else',vhere by water, wind, ice, or similar the natural forces of ,,',ind or \vater.
Essential public facility is any facility or conveyance that which has the follm:ving attributes:
Ordinance No. 08-
Page 430190
(1) .Jt.-.ffi ~typically difficult to site due to unusual site requirements and/or significant public
opposition;
(2) .Jt.-.ffi Is a necessary component of a system, network or program which provides a public
service or good;
(3) Jt---i.s ~ owned or operated by a unit of local or state government, ~private or nonprofit
organization under contract with a unit of government or receiving government funding, or private firms
subject to a public service obligation; and
(4) It meets a general and/or specific category for facility types or individual facilities listed
below in Meets the following definitions of either a Class I and or a Class II essential public facility:
facilities.
a. Class I facilities are those facilities: Facilities of a county, regional or state-wide nature.,.
Those essential public facilities intended to serve a population base that extends significantly beyond the
boundaries of the city. Class I facilities, and V/hich may include several local jurisdictions or a significant
share of the Puget Sound regional population. Such facilities and may include, but are not limited to, the
following:
1. State or regional education facilities (except minor branch facilities). including: .,.h
Research facilities~,H:--University branch campuses~,i-i-band Community colleges.,.~
2. State or regional transportation facilities). including: .,-h-Light and/or standard rail
lines,~,H:--Commuter terminals,~,ffi-:- Transit centers,~and Park-and ride lots in residential zones.,.;
3. State or regional correctional facilities.,.;
4. Solid waste handling facilities (large scale), including: :i-:- Transfer stations and ~,ih
Recycling center~.,.;
5. Sewage treatment plants:;
6. Power plants;
b. Class II facilities are those facilities: Facilities of a local nature. Those essential public
facilities that are intended to meet the service needs of the local community. In many cases Class II leeal
facilities are typically characterized by providing some type of in-patient care, assistance, or monitoring.,.
Such facilities and may include, but are not limited to, the following:
1. Substance abuse facilities:;
2. Mental health facilities:;
3. Group homes/special needs housing:;
4. Local schools, including: :h-Elementary school~~, ih-Middle schools. and ~, ffi:-High
school~.,.;
5. Social service transitional housing. including: .,-h-Domestic violence shelterg, ih
Homeless shelters. and ~, ffi: Work-release.
Excavate or excavation means the mechanical removal of soils andIor underlying strata,
Exposed building: face for sign regulations means the building exterior wall of a single occupant
building or the building exterior wall of an individual tenant's leased space in a multi-tenant complex.
including the vertical distance between eaves and ridge of a pitched roof above it, used for sign area
calculation for building-mounted signs.
22-1.6 Definitions. F.
Facade means the entire building front including the parapet.
Family means an individual; a group of not more than five individuals; or two or more individuals
related by not more than four degrees of affinity or consanguinity, and including persons under legal
guardianship" or a group of not more than five persons who arc not related by four or fevler degrees of
affinity or consanguinity; provided, howe'/er, that any Anv limitation on the number of residents resulting
from this definition shall not be applied if it prohibits to the extent it would prevent the city from making
reasonable accommodations to disabled persons in order to afford such persons equal opportunity to use
and enjoy a dwelling as required by the Fair Housing Amendments Act of 1988,42 USC 3604(f)(3)(b).
Ordinance No. 08-
Page 44 of90
This definition shall not be applied to the extent that would cause a residential structure occupied by
persons with handicaps. as defined in the federal fair housing amendments act of 1988, to be treated
differently than a similar residential structure occupied by other related or unrelated individuals.
Family dav care child care home means a business regularly providing care during part of the 24-hour
day to 12 or fewer children people (including the children of the day care provider) in the family abode of
the person or persons under whose direct care the children people are placed. A family day care may also
be known as a family child care home. an in home child care home. or an in home child day care.
Fast food restaurant means an establishment which offers quick food service which is accomplished
through one or more of the following mechanisms:
(1) Limited menu of easily produced items.
(2) Orders are not taken at the customer's table.
(3) Food is served in disposable wrappings or containers.
Fence means a manmade barrier or wall constructed for the purpose of enclosing space or separating
parcels of land.
Festoons means a string of ribbons. tinseL small flags. or pinwheels.
Fill material means dirt, structural rock~ef gravel, broken concrete~and similar structuml substances
customarily to raisc used to change the level of the ground or to provide an even surface, but excluding
topsoil, bark, ornamental rocks, or gravel placed on the surface of the ground for gardening, landscaping.
or ornamental purposes.
Finished grade means the final contour of the land surface prior to landscaping.
Flag means any piece of cloth of individual size. color and design. used as a symboL signaL emblem,
or for decoration.
Flag lot or panhandle lot means a lot in the shape of a flag or pan that is connected to the road or
street right-of-way by a narrow strip of land. The narrow strip of land connecting the main portion of the
lot to the road or street right-of-way is the "flag pole" or "access panhandle" part of the lot.
Floor means the horizontal surface inside a structure designed and intended for human use and
occupancy.
Floor area means the total area of a building floor plate in gross square feet.
Frontage of a propertv means the length of the property line along any public right-of-way on which it
borders. Frontage of a building means the length of an outside building wall on a public right-of-way.
22-1.7 Definitions. G.
Gambling use means one of those gambling activities regulated by the state, e.g., "public card
rooms," which involve staking or risking something of value upon the outcome ofa contest of chance or a
future contingent event not under the person's control or influence, upon an agreement or understanding
that the person or someone else will receive something of value in the event of a certain outcome.
Gambling uses include those uses regulated by the Washington State Gambling Commission with the
following exceptions as these uses are defined in Chapter 9.46 RCW: punch boards; pull tabs; bingo
games operated by bona fide not-for-profit organizations; limited social games operated by bona fide not-
for-profit organizations; commercial amusement games; raffles; fund raising events; business promotional
contests of chance; sports pools; golfing and bowling sweepstakes; dice or coin contests for music, food,
or beverages; fishing derbies; bona fide business transactions; activities regulated by the State Lottery
Commission.
Geologically hazardous areas means areas which because of their susceptibility to erosion, land-
sliding, seismic or other geological events are not suited to siting commercial, residential or industrial
development consistent with public health or safety concerns. Geologically hazardous areas include the
following areas:
(1) Erosion hazard areas are those areas having a severe to very severe erosion hazard due to
natural agents such as wind, rain, splash, frost action or stream flow.
Ordinance No. 08-
Page 45 of90
(2) Landslide hazard areas are those areas potentially subject to episodic downslope movement of
a mass of soil or rock including, but not limited to, the following areas:
a. Any area with a combination of:
1. Slopes greater than 15 percent;
2. Permeable sediment, predominately sand and gravel, overlying relatively impermeable
sediment or bedrock, typically silt and clay; and
3. Springs or groundwater seepage.
b. Any area which has shown movement during the Holocene epoch, from 10,000 years ago
to the present, or which is underlain by mass wastage debris of that epoch.
c. Any area potentially unstable as a result of rapid stream incision, stream bank erosion or
undercutting by wave action.
d. Any area located in a ravine or on an active alluvial fan, presently or potentially subject to
inundation by debris flows or flooding.
e. Those areas identified by the United States Department of Agriculture Soil Conservation
Service as having a severe limitation for building site development.
f. Those areas mapped as class U (unstable), UOS (unstable old slides), and URS (unstable
recent slides) by the Department of Ecology.
g. Slopes having gradients greater than 80 percent subject to rockfall during seismic shaking.
(3) Seismic hazard areas are those areas subject to severe risk of earthquake damage as a result of
seismically induced ground shaking, slope failure, settlement or soil liquefaction, or surface faulting.
These conditions occur in areas underlain by cohesionless soils of low density usually in association with
a shallow groundwater table.
(4) Steep slope hazard areas are those areas with a slope of 40 percent or greater and with a
vertical relief of 10 or more feet, a vertical rise of 10 feet or more for every 25 feet of horizontal distance.
A slope is delineated by establishing its toe and top, and measured by averaging the inclination over at
least 10 feet of vertical relief.
Glare means both of the fOllo'vYing:
(1) The the reflection of harsh, bright lighh-as well as the
(2) The physical effect resulting from high luminances or insufficiently shielded light sources ffi-.the
field of vie','....
Government facility means a use consisting of services and facilities operated by any level of
government, excluding those uses listed separately in this chapter.
Grand opening means a promotional activity used by newly established businesses to inform the
public of their location and services available to the community. A grand opening does not mean an
annual or occasional promotion of retail sales or other serVices, and does not include a change in
ownership, remodeling, or other change incidental to the initial establishment of the business.
Gross floor area means the total square footage of all floors, excluding parking area, in a structure as
measured from either the interior surface of each exterior wall of the structure or, if the structure does not
have walls, from each outer edge of the roof. Certain exterior areas may also constitute gross floor area.
Ground floor means the floor of a structure that is closest in elevation to the finished grade along the
facade of the structure that is principally oriented to the street which provides primary access to the
subject property.
Groundwater means water that occurs in subsurface openings in the earth, such as the spaces between
particles in unconsolidated deposits or along fractures in consolidated deposits. means waters that exist
beneath the surface of land or beneath the bed of any stream, lake or reservoir, or other body of surface
water.
Groundwater contamination means the presence of any substance designated by the U.S.
Environmental Protection Agency (EPA), or the State of Washington Department of Ecology (DOE), as a
primary or secondary water quality parameter, in excess of the maximum allowable containment level
(MCL).
Ordinance No. 08-
Page 46 of90
Group homes type II means housing for juveniles under the jurisdiction of the criminal justice system.
Such groups inelude This definition includes housing for state-licensed group care homes or halfway
homes for juveniles which provide residence in lieu of sentencing or incarceration, halfway houses
providing residence to juveniles needing correction, or halfway homes for those selected to participate in
state-operated work release and pre-release programs; but excludes full-time detention facilities. Any
limitation on the number of residents resulting from this definition shall not be applied to the extent it
would prevent the city from making reasonable accommodations to disabled persons in order to afford
such persons equal opportunity to use and enioy a dwelling as required by the Fair Housing Amendments
Act of 1988,42 USC 3604(t)(3)(b). This definition shall not be applied to the extent that would cause a
residential structure occupied by persons with handicaps, as defined in the federal fair housing
amendments act of 1988, to be treated differently than a similar residential structure occupied by other
related or unrelated individuals. Group homes are divided into the following types:
The director of community deydopmcnt services shall have the discretion to elassify a group home
proposing to serve juveniles convicted of the offenses listed under group home type III in this section as a
group home type Ill, and any such home shall be sited according to the regulations contained within type
III classification.
0) Group homes type II-A: Group homes type II with no more than Maximum number of 12
residents including resident staff.
(2) Group homes type II-B: Group homes type II with :flhirteen or more residents including
residential staff. MaxillRlm number to be determined on a case by case basis.
The limitation on the number of residents in a group home type II shall not be applied if it prohibits
the city from making reasonable accommodations to disabled persons in order to affor-d such persons
equal opportunity to use and enjoy a dwelling as required by the Fair Housing ,^..mendments }\ct of 1988,
12 USC 3601(t)(3)(b).
Group homes type III means housing for adults that have been convicted of a violent crime against a
person or property, er have been convicted of a crime against a person with a sexual motivation, or have
been convicted or charged as a sexual or assaultive violent predator. These This category includes
housing for individuals are under the jurisdiction of the criminal justice system-&-, individuals who have
entered a pre- or post-charging diversion program~. Such groups invol'le individuals selected to
participate in state-operated work/training release and pre-release programs or similar programs; but
excludes. Such category does not include full-time detention facilities.
Gymnasium means a room or building equipped for sports, which must be accessory to a school
facility, health club, social service club such as the Boys and Girls Club, or similar facility. A gymnasium
may also be used as an auditorium to hold concerts and other performing arts.
22-1.8 Definitions. H.
Hardship means a current or impending health condition which requires a person to live in close
proximity to, and/or share housing with, a caregiver.
Hazardous liquid means: W petroleum, petroleum products, or anhydrous ammonia as those terms
are defined in 49 CFR Part 195 in effect March 1, 1998; and fbj carbon dioxide.
Hazardous materials means any material, either singularly or in combination, that is a physical or
health hazard as defined and classified in the International Fire Code, whether the materials are in usable
or waste condition; 8fl6 any material that may degrade groundwater quality when improperly stored,
handled, treated, used, produced, recycled, disposed of, or otherwise mismanaged~. Hazardous materials
shall also include any hazardous waste, hazardous substance, dangerous waste, or extremely hazardous
waste that is a physical or health hazard as defined or classified in Chapter 70.105 RCW and Chapter 173-
303 WAC, whether the materials are in usable or waste condition; and. Hazardous materials shall also
include petroleum or petroleum products that are in a liquid phase at ambient temperatures, including any
waste oils or sludge.
Ordinance No. 08-
Page 47 of90
Hazardous waste means all dangerous and extremely hazardous waste as defined or classified in
Chapter 70.105 RCW and Chapter 173-303 WAC, including substances composed of both radioactive
and hazardous components (see Chapter 70.1 05 RCW)., and including those solid wastes designated by
40 CFR Part 261, and regulated as hazardous and/or mixed waste by the United States EP A.
Hazardous waste storage means the holding of dangerous hazardous waste for a temporary period
(see W,^.C 173 303 010(85)).
Hazardous waste treatment means the physical, chemical or biological processing of dangerous
hazardous wastes to make such wastes nondangerous or less dangerous, safer for transport, amenable for
energy or material resource recovery, amenable for storage or reduced in volume (see V/,^.C 173 303
040(97)).
Heat means added energy that causes substances to rise in temperature, fuse, evaporate, expand or
undergo any other related change.
Heavy equipment means high capacity mechanical devices for moving earth or other materials, and
mobile power units, including but not limited to carryalls, graders, loading/unloading devices, cranes,
drag lines, trench diggers, tractors over 80 HP, augers, caterpillars, concrete mixers and conveyors,
harvesters, combines, er other major agricultural equipment, and similar devices operated by mechanical
power as distinguished from manpower.
Height of structure means the vertical distance above the average building elevation measured to the
highest point of a flat roof or to the deck line of a mansard roof, or to the mid-point between eave and
ridge of the highest principal roof of a gable, hip, gambrel, or similar sloped roof. For single-family
residential structures where the total area of dormers exceeds 35 percent of the total area of the underlying
sloped roof, height will be measured to the ridge of the highest principal gable.
Height of a sign means the vertical distance measured from the highest point of the sign to the grade
of the adiacent street or the surface grade beneath the sign, whichever is less.
High density residential zones means the following zones: RM 3.6, RM 2.4, RM 1.8, RS 5.0, RS 7.2,
RS 9.6, and comparable zones in other jurisdictions.
Home occupation means an occupation, enterprise, activity or profession which is incidental to a
residential use, which is carried on for profit or customarily carried on for profit and which is not an
otherwise permitted use in the zone in which it occurs.
Horizontal dimension means the length of the facade of a structure as measured along a plane,
excluding eaves which extend out no more than 18 inches from the exterior walls of the structure.
Hospital means an institution providing primary health services and medical or surgical care to
persons, primarily inpatients, suffering from illness, disease, injury, deformity and other abnormal
physical or mental conditions, and including, as an integral part of the institution, related facilities such as
laboratories, outpatient facilities, extended care facilities and/or training facilities.
Hotel or motel means a single building or group of buildings containing individual sleeping units
intended for transient occupancy.
22-1.9 Definitions. I.
Improvement means any structure or manmade feature, including but not limited to buildings,
driveways, roads (with or without curbs or gutters), sidewalks, crosswalks, parking lots, water mains,
sanitary and storm sewers, drainage facilities, and planted street trees.
Industrial-commercial zone means the CE zoning district.
Industrial uses means those uses allowed only in the CE zone as listed in FWCC 22-861 through 22-
864.
Inflatable advertising device means an advertising device that is inflated by some means and used to
attract attention, advertise, promote, market, or display goods and/or services. These devices include large
single displays or displays of smaller balloons connected in some fashion to create a larger display.
Ingress/egress and utilities easement means privately owned land used and legally committed,
through easements, plat restrictions, or similar mechanisms, to providing access for vehicles and
Ordinance No. 08-
Page 48 of90
pedestrians to properties other than the property within the tract or easement. It may also provide space
for utility lines and appurtenances, and other devices and facilities benefiting nearby properties or the
public. See definition of "vehicular access easement or tract."
Inoperable motor vehicle shall be any vehicle that has been in a stationary position for more than 14
days, is apparently inoperable.LeT requires repairs in order to be operated legally on the public roads~ or is
unable to move a distance of 10 feet on level pavement under its own power.
Institutional uses means the following uses: schools, churches, colleges, hospitals, parks,
governmental facilities and public utilities.
Irrevocable license means a written irrevocable permission given by a property owner to the city for
specified purposes.
Issuance, when used ':lith respect to a decision of the director of community development services or
a decision of the hearing examiner issued under this chapter, means the date that is three days after the
date the 'Nritten decision of the director or hearing examiner is mailed. Proof of mailing shall be by
affidavit or by declaration under penalty of petjury.
Issuance, '",hen used '.'lith respect to a city council decision made by ordinance or resolution ,,:bile
sitting in a quasi judicial capacity, means the dote on '",hich the council passes the ordinance or
resolution, as evidenced by the date of passage indicated on the face of the ordinance or resolution.
22-1.10 Definitions. J.
Junk means old, used, or scrap metal, rope, rags, batteries, paper, rubber, tires, machinery or
appliances or parts of such machinery or appliances, S€-Fap wood, debris, trash, waste, household goods or
hardware, medications, medical supplies, or medical devices, or junked, dismantled, wrecked or
inoperable motor vehicles or vehicular component parts thereof.
Junk or junked vehicle means any vehicle substantially meeting at least twe three of the following
conditions:
(1) Is three years old or older;
(2) Is extensively damaged, such damage including but not limited to any of the following: a
broken window or windshield or missing wheels, tires, motor, or transmission;
(~J) Is apparently inoperable;
(31) Is without a current, valid registration plate. Has an approximate fair market value equal only
to the approximate value of the scrap in it.
Junkyard means a property or place of business which is maintained, operated or used for storing,
keeping, buying, selling or salvaging junk.
22-1.11 Definitions. K.
Kennel means an establishment, generally retail in nature, ',vhich houses, cares f{)r, breeds, raises or
sells dogs or cats, but not including 0 small animal hospital or clinic or pet shop.
22-1.12 Definitions. L.
Land division means any process by which individual lots, parcels, or tracts are created for the
purpose of sale, lease, or transfer. Land divisions include, but are not limited to, conventional
subdivisions (both short and long plats), binding site plans, cluster subdivisions, cottage housing, zero lot
line townhouse development, and small lot detached development.
Land surface modification means the clearing or removal of trees, shrubs, groundcover and other
vegetation and all grading, excavation and filling activities.
Landscaping means the planting, removal and maintenance of vegetation along with the movement
and displacement of earth, topsoil, rock, bark and similar substances done in conjunction with the
planting, removal and maintenance of vegetation.
Landward means toward dry land.
Ordinance No. 08-
Page 49 0/90
Linear frontage of subject property means the frontage of the subject property adjacent to all open,
improved rights-of-way other than Interstate 5. If the subject property is not adjacent to an open,
improved right-of-way, linear frontage means the frontage of the subject property on any public access
easements or tracts which serve the subject property and adjacent unopened and/or unimproved rights-of-
way.
Lot means a parcel of land, of sufficient area to meet minimum zoning requirements, having fixed
boundaries described by reference to a recorded plat, to a recorded binding site plan, by reference to
metes and bounds, or by reference to section, township and range.
Lot area means the minimum lot area per dwelling unit based on the underlying zone. For single-
family lots, the area of a vehicular access easement, private tract, flag pole, or access panhandle shall not
be credited in calculation of minimum lot area.
Low density use means a detached dwelling unit on a subject property that contains at least five acres.
Low density zone means the following zones: SE and comparable zones in other jurisdictions.
22-1.13 Definitions. M.
Maintenance, for signs, means the cleaning, painting, and minor repair of a sign in a manner that does
not alter the basic design, size, height, or structure of the sign.
Major stream means any stream, and the tributaries to any stream, which contains or supports, or
under normal circumstances contains or supports, resident or migratory fish. If there exists a natural
permanent blockage on the stream course which precludes the upstream movement of anadromous
salmonid fish, then that portion of the stream which is downstream of the natural permanent blockage
shall be regulated as a major stream.
Manufactured homes means a factory-built structure transportable in one or more sections which is
built on a permanent chassis and designed to be a dwelling with or without a permanent foundation when
connected to required utilities. A manufactured home shall be built to comply with the National
Manufactured Home Construction and Safety Standards Act of 1974 (regulations effective June 15,
1976).
Manufacturing and production means the mechanical or chemical transformation of materials or
substances into new products, including the assembling of component parts, the creation of products, and
the blending of materials, such as oils, plastics, resins, or liquors. Manufacturing and production is
divided into the following categories:
(1) Manufacturing and production, general means establishments typically manufacturing and
producing for the wholesale market.
(2) Manufacturing and production, limited, means retail establishments engaged in the small-
scale manufacture, production, and on-site sales of custom goods and products. These uses are
distinguished from "manufacturing and production, general" by a predominant use of hand tools or
domestic mechanical equipment, limited number of employees, limited sales volume, limited truck
deliveries, little or no outdoor storage, typical retail hours of operation, and an obvious retail storefront
with a public entrance that is in scale with the overall building and oriented to the right-of-wav. This
category includes uses such as ceramic studios; candle-making shops; custom iewelry manufacturing;
woodworking and cabinet making; manufacturing of specialized orthopedic appliances such as artificial
limbs or braces; manufacturing of dental appliances such as bridges, dentures, and crowns; production of
goods from finished materials such as wood, metaL paper, glass, leather, and textiles; and production of
specialized food products such as caterers, bakeries, candy stores, microbreweries, and beverage bottlers.
Manufacturing and production, general, means establishments engaged in the mechanical or chemical
transformation of materials or substances into new products, including the assembling of component
parts, the creation of products, and the blending of materials, such as oils, plastics, resins, or liquors, and
is typically carried on for the wholesale market.
Ordinance No. 08-
Page 50 of90
Manufacturing and production, limited, means retail establisflmoots oogaged in the small scale
manufacture, production, and on site sales of custom goods and products. This classification includes
uses such as ceramic studios; candle making shops; custom jewelry manufacturing; woodv:orking and
cabinet making; manufacturing of specialized orthopedic appliances such as artificial limbs or braces; or
dental appliances such as bridges, dentures, and CroVIllS; production of goods from finished materials such
as vlood, metal, paper, glass, leather, and textiles; and production of specialized food products such as
caterers, bakeries, candy stores, microbrewcries, and beverage bottlers. These uses arc distinguished from
"mannfacturing and production, general" by a predominant use of hand tools or domestic mechanical
equipment, limited number of employees, limited sales volume, limited truck deliveries, little or no
outdoor storage, typical retail hours of operation, and an obvious retail storefront 'vYith a public entrance
that is in scale "'lith the overall building and oriented to the right of way.
Maximum lot coverage means the maximum percentage of the surface of the subject property that
may be covered with materials which will not allow for the percolation of water into the underlying soils.
See FWCC 22-955 et seq. for further details.
Mean sea level means the level ofPuget Sound at zero tide as established by the U.S. Army Corps of
Engineers.
Medium density zones means the following zones: RS 15.0, RS 35.0 and comparable zones in other
jurisdictions.
Microcell means a wireless communication facility consisting of an antenna that is either:
(l) Four feet in height and with an area of not more than 580 square inches; or
(2) If a tubular antenna, no more than four inches in diameter and no more than six feet high.
Minor facility means a wireless communication facility consisting of up to three antennas, each of
which is either:
(l) Four feet in height and with an area of not more than 580 inches; or
(2) If a tubular antenna, no more than four inches in diameter and no more than six feet in length,;
A minor facility includes any and the associated equipment cabinet that is six feet or less in height and no
more than 48 square feet in floor area.
Minor stream means any stream that does not meet the definition of "major stream."
Mixed-use building means a building containing two or more different principal permitted uses. as
determined by the director. and which occupy separate tenant spaces.
Moorage facility means a pier, dock, buoy or other structure providing docking or moorage space for
waterborne pleasure craft.
Multiple-story building means a building containing two or more floors of active permitted useCs).
and each upper floor area. excluding any storage. mechanical. and other similar accessory. nonactive
areas. contains at least 33 percent of the ground floor area.
Multiuse complex means all of the following: a group of separate buildings operating under a
common name or management; or a single building containing multiple uses where there are specific
exterior entranceways for individual uses; or a group of uses on separate but adjoining properties that
request treatment as a multiuse complex.
Multi-tenant complex means a complex containing two or more uses or businesses.
Mural means a design or representation that is painted or drawn on the exterior surface of a structure
and that does not advertise a business. product. service. or activity.
22-1.14 Definitions. N.
Natural features means physical characteristics of the subject property that are not manmade.
Natural materials means materials chemically unaltered from their natural state.
Noise means the intensity, duration and character of sound from any and all sour-ces.
Natural surveillance means easy observation of buildings, spaces, and activities by people passing
living, working, or recreating nearby.
Ordinance No. 08-
Page 51 of90
Nonconformance means any use, structure, lot, condition, activity or any other feature or element of
private or public property or the use or utilization of private or public property that does not conform to
any of the provisions of this chapter or that was not approved by the city of Federal Way through the
appropriate decision-making process required under this chapter.
Nonliving groundcover means gravel, chipped bark or similar nonpolluting material through which
water can freely percolate to the soil beneath.
Normal maintenance includes interior and exterior repairs and incidental alterations. Normal
maintenance and repair may include includes, but is not limited to, painting, roof repair and replacement,
plumbing, wiring and electrical systems, mechanical equipment replacement and weatherization.
Incidental alterations may include includes, but is not limited to, construction of nonbearing walls or
partitions.
Notice of determination for signs regulations means the determination that the city issues as to
whether a sign conforms to this article and other sections of this Code.
Nursing home means the same as convalescent center. See "Convalescent centcr-."
22-1.15 Definitions. O.
Occupant means a person that legally occupies a structure or property.
Odor means stimulus affecting the olfactory nerves.
Office use means a place of employment providing services other than production, distribution, sale
or repair of goods or commodities. and includes but is not limited to. The following is a nonexclusive list
of office uses: medical, dental or other health care; veterinary, accounting, legal, architectural,
engineering, consulting or other similar professional services; management, administrative, secretarial,
marketing, advertising, personnel or other similar personnel services; sales offices where no inventories
or goods are available on the premises; real estate, insurance, travel agent, loan companies, brokerage or
other similar services. The following uses are specifically excluded from the definition of office: banks,
savings and loan companies and similar financial institutions.
Office zones means the PO, OP and CP-I zoning districts.
Official notification boards of the city means the bulletin boards in the public areas of City Hall and
other public locations as designated by city council.
On-site hazardous waste treatment and storage facilities means facilities which treat and store
hazardous wastes generated on the same property or geographically contiguous properties, which may be
divided by public or private right of way if the entrance and exit between the properties is at a cross-roads
intersection and access is by crossing as opposed to going along the right of way. same lot or
geographically contiguous or bordering property. Travel between t';'/O properties di'/ided by a public right
of 'Nay, and owned, operated or controlled by the same person, shall be considered on site travel if:
(I) The travel crosses the right of way at a perpendicular intersection; or
(2) The right of '.vay is controlled by the property O\vner and is inaccessible to the public (see W f.C
173 303 040(39)).
Open record hearing means a hearing that creates the city's record of decision for an application or
appeal through testimony and submission of evidence and information, under procedures prescribed by
the city's hearing examiner or the city council. An open record hearing may be held prior to the city's
decision on an application, or as part of an appeal.
Open space means land not covered by buildings, roadways, parking areas or other surfaces through
which water cannot percolate into the underlying soils.
Open space, private, means common open space, the use of which is normally limited to the
occupants of a single dwelling or building or property,
Open space, public, means open space owned by a public agency and maintained by it for the use and
enjoyment of the general public.
Ordinary high water mark means, on lakes, streams and tidal waters, that mark that will be found by
examining the bed, banks~ or shore and ascertaining where the presence and action of waters are so
Ordinance No. 08-
Page 52 of90
common and usual, and so long continued in ordinary years, as to mark upon the soil or land a character
distinct from that of the abutting uplands with respect to vegetation. ; provided, that any tidal area where
Where the ordinary high water mark cannot be found by mark based on the previous text of this
definition, the ordinary high water mark shall be the line of mean higher high tide for salt water and the
line of mean high water for fresh water. In any stream where neither mark nor mean high water can be
found, the channel bank shall be substituted. In braided channels and alluvial fans, the ordinary high
water mark or substitute shall be located so as to include the entire stream feature.
Outdoor means not contained within a building.
Outdoor storage means any material or item (including vehicles), being stored for or awaiting sale,
lease, processing or repair and not enclosed within a building.
Outdoor storage containers means new or used prefabricated metal or steel enclosures used for the
accessory storage of supplies, equipment, inventory, goods, commodities, or construction-related
materials; or temporary offices for active construction sites; designed without an axle or wheels; and
capable of being mounted on a chassis or bogie for movement by truck, trailer, rail car, or ship. This
definition includes, but is not limited to, cargo, shipping, and freight containers; and excludes typical
residential accessory buildings or structures such as garages and storage sheds; garbage and recycling
containers; containers mounted on a truck or in some stage of transport; structures used or designed to be
used as living facilities, and portable moving containers as defined in this article. See FWCC 22-1114 and
22-1115.
Owner means, in reference to real property, the person or persons holding fee title to the property as
well as the purchaser or purchasers under any real estate contract involving the real property.
22-1.16 Definitions. P.
Panhandle lot means flag lot.
Parking area means any area designed amlfor used for parking vehicles.
Parking space means an area which is improved, maintained and used for the sole purpose of
temporarily accommodating a motor vehicle that is not in use.
Parking structure means a building or structure consisting of more than one level, above and/or below
ground, and used for temporary storage of motor vehicles.
Person means any individual, partnership, association, corporation, unit of government or any other
legal entity.
Personal wireless services means commercial mobile services, unlicensed wireless services, and
common carrier wireless exchange access services, as defined by federal laws and regulations.
Personal wireless service facility (PWSF) means a wireless communication facility, including a
microcell, that is a facility for the transmission and/or reception of radio frequency signals, and which
may include antennas, equipment shelter or cabinet, transmission cables, a support structure to achieve
the necessary elevation, and reception and transmission devices and antennas.
Plaza means a pedestrian space that is available for public use and is situated near a main entrance to
a building or is clearly visible and accessible from the adiacent right-of-way. Typical features and
furnishings include special paving, landscaping, pedestrian-scale lighting, seating areas. weather
protection, water features, art, trash receptacles, and bicycle racks.
Portable moving containers means new or used prefabricated units that can be rented by residential or
business customers for temporarv accessory moving and storage activities, including, but not limited to,
such products trademarked as "PODS" (Personal On Demand Storage), "SAM" (Store and Move), and
"Door to Door." Such containers are typically delivered to a site by truck, left on site for a temporary
loading period, then retrieved by truck and delivered to another location, which may include a storage
facility. See FWCC 22-964.
Preapplication conference means a meeting, between an applicant and members of the development
review committee, which is held prior to formal application, during which the project is discussed relative
to city and other pertinent codes andfef regulations.
Ordinance No. 08-
Page 53 of90
Primary dwelling unit means the main structure located on the subject property which is
distinguishable from any accessory dV/elling unit because it is greater in total square footage.
Primary vehicular access means the street, vehicular access easement, or private tract from which the
majority of vehicles enter the subject property.
Principal use means the primary or predominant use of any lot or parcel.
Private club means an association of persons organized for some common purpose, but not including
groups organized primarily to sell merchandise or render a service which is customarily carried on as a
business.
Property line means those lines enclosing the subject property and those lines defining a recorded
vehicular access easement or tract. The following are categories of property lines:
(1) The front property line is any property line that is adj acent to a primary vehicular access. If the
subject property is adjacent to more than one primary vehicular access, the applicant shall designate
which of the adjacent property lines is the front property line and the remainder of such adjacent property
lines will be considered as either a rear property line or side property line, based on the definition in this
section, except the property line adjacent to an arterial or primary collector shall not be designated as a
primary vehicular access.
(2) For flag lots, the yard setbacks shall be applied per the following graphic:
Ordinance No. 08-
Page 54 0190
~_.._-------
!'ti_________.
.
.
OrivGWaY
for Lot 21
Access
Easermliftt
for lot 1
.i
...
,
""". ....l
~
,.. ~
w !I;..._~..._......,,,..,.,,,,. __....__........,....,f
..
I..-~- -.-~~~.__~
lol2
Flag Lot Setbacks
'; lot 1
tf
,- -----------...
,.,0'
Or
,... "","" ""...... ._"'",.,. .""1
~ "" *' -;; "" .""
lQl2
I
.J
!-..; ",,-,..,
,--) ,
"..1' I
20"+ iI".,
1-- - -
1l~ _ _ . " _ _ . ._ .~
lot 'I
.;;,._.." ....,.. - ......,... -.",. ,-
.... "".... ."",..
"ft
..
~
lot 1
''''II'
.
t,..,..... ... _. ..... _ _._.... "" ~.... _. ,-,w. _ ",,:fi
$. ,or
Driveway
tor Lot 2
Not an arterial
or- prfncfpaf coirector
Oriveway tor l.ot 2
and Access Ea$emel'lt
for Lot 1
Arterial or
* p*rincfpa(cofiecior
f""- ",.,.... ._........-..
..
.... ....~ ...., ... ~ '" '... " ""
lot 3 ;..
:; "r "'."" "'.... <"\' "". """',." ''''',',__ "'"
v.
..____J.~______._
't: t
Driveway
tor lot :3
and Access
Easement
tor lot 2
...
..
;s
lot 2
:.:
:W!
,
",. .~ .,..,.. "" ...,.
,
,
.,
"". 01
lot 1
...
'.
;"l
~,......,..-~-~~._~-~,.. ~.
It -)'0'
Not an arterial
or prtnc-ipalcoliecto-r
F :: Front Yard
S ;:; Side Yard
R :;:: Rear Yard
(3) The rear property line is any property line that is farthest from, and essentially parallel to, the front
property line.
Ordinance No. 08-
Page 55 of90
(4) The side property line is any property line other than a front property line or a rear property line.
Public space means a passive or active recreational area designed specifically for use by the general
public as opposed to serving merely as a setting for the building. Such areas may include parks. gardens.
plazas. entrance lobbies, arboretums, solariums. and bandstands. or an approved combination thereof. and
may contain exterior or interior spaces. Such areas shall be easily accessible from adiacent public areas
and available to the public at least 12 hours each weekday. Public on-site open space may be privately
owned. but must be permanently set aside and maintained for the use and benefit of the public.
Public park means a natural or landscaped area, provided by a unit of government, to meet the active
or passive recreational needs of people.
Public utility means the facilities of a private business organization such as a public service
corporation, or a governmental agency performing some public service and subject to special
governmental regulations, the services which are paid for directly by the recipients thereof. Such services
shall include but are not limited to: water supply, electric power, telephone, cablevision, natural gas and
transportation for persons and freight. The term also includes broadcast towers, antennas and related
facilities operated on a commercial basis.
Public works director means the director of the department of public works of the city.
22-1.17 Definitions. Q.
Qualified groundwater scientist means a hydrogeologist or engineer who meets the following criteria:
(1) Has received a baccalaureate or post-graduate degree in earth science or engineering; and
(2) Has sufficient education and experience in geology and hydrogeology as may be demonstrated by
state registration, professional certifications, or licensing that enable that individual to make sound
professional judgments regarding groundwater and groundwater vulnerability.
Quasi-public use means a use owned or operated by a private nonprofit or philanthropic institution
that provides cultural. recreational. or similar types of programs and services.
22-1.18 Definitions. R.
Regulated lakes means Wetlands Nos. 8-21-4-26,7-21-4-71,11-21-3-9,14-21-3-2, 14-21-3-5, 13-21-
3-12,9-21-4-38,17-21-4-55,20-21-4-57, and 20-21-4-61 as shown in the June 19,1999, city of Federal
Way final wetland inventory report, except vegetated areas which are meeting the definition of "regulated
vl'etland" located in and around the margins of regulated lakes and fall under FWCC 22-1357 shall be
considered regulated wetlands.
Regulated v.etlands. See the definition of "regulated wetlands" under the definition of '\vetlands. II
Registration sticker for the purpose of sign regulations means the sticker that is assigned to a sign that
has been inventoried and has been determined to comply with this article and other sections of this Code.
Relative means persons connected through blood, marriage or other legal relationships by not more
than four degrees or affinity or consanguinity and including persons under legal guardianship.
Required yard means the area adjacent to and interior from a property line or the ordinary high water
mark (OHWM) of a lot, as prescribed by regulations. and is the minimum required distance between a
structure and a specific line, such as a property line, edge of private tract, or vehicular access easement
that is required to remain free of structures. If two or more required yards are coincidental, the area will
be considered the required yard with the greater dimension. Yards are also known as setbacks. Except for
flag lots, required setbacks are categorized as follows:
(1) Front. That portion of a lot adjacent to and parallel with the front property lines and at a distance
therefrom equal to the required front yard depth.
(2) Rear. That portion of a lot adjacent to and parallel with the rear property line and at a distance
therefrom equal to the required rear yard depth.
(3) Ordinary high water line yard. That portion of a lot adjacent to and parallel with the OHWM: and
at a distance landward therefrom established in this chapter.
Ordinance No. 08-
Page 56 of90
f4J Side. That portion of a lot adjacent to and parallel with each side property line and at a distance
therefrom equal to the required side yard depth. All required yards not otherwise categorized shall be
designated side yards.
Residential use means developments and occupancy in which persons sleep and prepare food, other
than developments used for transient occupancy.
Residential zone means the following zones: SE, RS 35.0, RS 15.0, RS 9.6, RS 7.2, RS 5.0, RM 3.6,
RM 2.4, RM 1.8 and comparable zones in other jurisdictions.
Restaurant or tavern means commercial use (excluding fast food restaurants) which sells prepared
food or beverages and generally for consumption on the premises.
Retail establishment means a commercial enterprise which provides goods and/or services directly to
the consumer, where such goods are available for immediate purchase and removal from the premises by
the purchaser.
Retail sales, bulk, means a retail establishment engaged in selling goods or merchandise to the general
public as well as to other retailers, contractors, or businesses, and rendering services incidental to the sale
of such goods, involving. Bulk retail in'/oh!es a high volume of sales of related and/or unrelated products
in a warehouse setting. and may include membership warehouse clubs, i.e., "big box" retail. Bulk retail is
differentiated from general retail by any of the following characteristics:
(1) Items for sale include large, categorized products, e.g., lumber, appliances, household
furnishings, electrical and heating fixtures and supplies, wholesale and retail nursery stock, etc.; and may
also include a variety of carry out goods, e.g., groceries, household, and personal care products;
(2) A large inventory of goods and merchandise is stored on the subject site in high-ceiling
warehouse areas, high-rack displays, and/or outdoor storage areas; and
(3) High volume truck traffic, regular pick up and delivery of large items, a designated contractor
pick-up area, and high parking-to-building ratios.
Retail sales, general and specialty, means a retail establishment that is not engaged in bulk retail and
is differentiated from bulk retail by the size of the building, size of items pure~sed and sales volume.
General and specialty retail includes the sale of smaller items such as groceries, drug store sundries,
specialty hardware, paint supplies, and sports equipment, etc. typically selling to the general public and is
differentiated from bulk retail by the size of the building. size of items purchased. sales volume. and
typically does not sell at a discount or in a volume warehouse store. Typically not a discount or volume
\varehouse store. Typical user is the general public.
Retail sales, seeond hand merchandise means an individual or establishment that sells second hand
merchandise, such as pa',vn shops; used book and record stores; used clothing, furniture, and appliances;
thrift stores; consignment stores; and flea markets. This definition does not include the sale of antiques or
collectibles as defined in this article.
Retail shopping center, regional means a series of unified commercial establishments that provide
retail, entertainment, or professional services on a site comprised of at least 50 acres, with direct access to
a state or federal highway, with shared parking facilities, with a combined gross floor area of at least
500,000 square feet, and with all or some of the stores configured with an inward orientation and
connected with common interior walkway(s).
Right of 'Nay means land dedicated or conveyed to the public or a unit of government, the primary
purpose of 'Nhich is the movement of'lehicles and/or pedestrians and providing for access to adjacent
parcels, v/ith the secondary purpose of providing space for utility lines and appurtenances and other
devices and facilities benefiting the public.
Right-of-way, in addition to its normal meaning. may include. for purposes of the community design
guidelines or sign regulations. land privately owned. used primarily for the movement of vehicles or
pedestrian traffic. so long as such privately owned land has been constructed in compliance with all
applicable laws and standards for a public right-of-way.
Right-of-way realignment means the changing of the horizontal position of the improvements in a
right-of-way.
Ordinance No. 08-
Page 57 of90
Roofline means the line formed by the outside of the gable of the roof, or if the roof is flat or
mansard, the top of the roof or mansard.
Runoff means the overland or subsurface flow of water.
22-1.19 Definitions. S.
Schools means institutions of learning, excluding those offering post-secondary education, offering
instruction in the several branches of learning and study required by the Basic Education Code of the
State of Washington to be taught in public, private and parochial schools, including those disciplines
considered vocational, business-related, or trade in nature.
Secondhand merchandise means used or remanufactured goods and includes used books. records.
clothing. furniture. and appliances; and includes such merchandise typically for sale or found at pawn
shops, thrift stores. consignment stores. and flea markets. Secondhand merchandise does not include
used. remanufactured. or iunk motor vehicles or boats; nor antiques or collectibles.
Self-service storage facilities means a structure or group of structures for the storage of personal
property where individual stalls or lockers are rented out to different tenants for storage.
Shared access points means a common point of vehicle access from a street to more than one lot or
use.
Sight line means the line of vision from a person to a place or building.
Sign means any communication device. structure, fixture, or placard that uses colors, words. letters.
numbers, symbols, graphics. graphic designs. figures. logos, trademarks. and/or written copy for the
purpose of:
(a) Providing information or directions; or
(b) Promoting, identifying. or advertising any place, building. use. business, event. establishment.
product. good. or service. and includes all supports. braces. guys. and anchors associated with such sign.
Painted wall designs or patterns which do not represent a product. service, or registered trademark. and
which do not identify the user. are not considered signs. If a painted wall design or pattern is combined
with a sign, only that part of the design or pattern which cannot be distinguished from the sign will be
considered as part of the sign. The following types of signs are included in the definition of signs:
Abandoned sign means any sign remaining in place after a sign has not been maintained for a
period of 90 or more consecutive days or if the activity conducted on the subiect property ceases for 180
consecutive days.
Advertised activity for freeway profile signs. For the purpose of measuring from the advertised
activity for an individual business. the distance shall be measured from the sign to the nearest portion of
that building. storage. or other structure or processing area which is the most regularly used and essential
to the conduct of the activity; and for a center identification sign. which identifies businesses within a
multi-tenant complex. the distance shall be measured from the sign to the nearest portion of the combined
parking area of the subiect property.
Animated or moving sign means any sign that uses movement or the appearance of movement of
a sign display through the use of patterns of lights. changes in color or light intensity. computerized
special effects. video display. or through any other method. chasing or scintillating lights. fluttering or
moving lights. lights with stroboscopic effect, or containing elements creating sound or smell; except for
the scrolling of a static message. scene. or color onto or off a sign board in one direction per message.
Awning sign means a non-electric sign on the vertical surface or flap that is printed on, painted
on. or attached to an awning or canopy. Illumination for the awning or canopy shall be for safety purposes
only, and therefore. shall point toward the ground and not illuminate the canopy. (See also "Marquee
sign.")
Ordinance No. 08-
Page 58 of90
S.prnlil:mi'~ l.r~
$hJa \''<"1Wi
Figure 1- Awning or Canopy Sign
Banner means a sign made of fabric or any nonrigid material with no enclosing framework.
Billboard means permanent outdoor advertising off-site signs containing a message. commercial
or otherwise, unrelated to any use or activity on the subiect property on which the sign is located. but not
including civic event signs. signs oriented to the interior of sports fields. government signs. or
instructional signs.
Building-mounted signs means any sign attached to the facade or face of a building or mansard
roof including without limitation wall signs. marquee signs. under canopy signs and proiecting signs.
Cabinet sign means a sign constructed of a box, rigid material. or framework over or within
which is secured the sign copy, text graphics, or other sign elements. Cabinet signs may have either
interior or exterior illumination.
c-'o~,.-<'''''''''~
_..
.J
=r~? A/E
,--,
~
Fi gure 2 - Cabinet Sign
Canopy sign means the same as "Awning sign."
Center identification sign means a building-mounted or freestanding sign that identifies the name
and/or logo of a development containing more than one office. retail. institutional or industrial use or
tenant and which may separately identify the tenants.
Changeable copy sign means a sign whose informational content can be changed or altered
(without changing or altering the sign frame. sign supports or electrical parts) by manual or electric.
electro-mechanical. or electronic means. A sign on which the message changes more than eight times a
day shall be considered an electronic changeable message sign and not a changeable copy sign for
purposes of this chapter. A sign on which the changing is an electronic or mechanical indication of time
and/or temperature shall be considered a "time and temperature" sign and not a changeable copy sign.
Construction sign means a temporary sign identifying an architect. contractor, subcontractor.
and/or material supplier participating in construction on the property on which the sign is located.
Construction signs also include "Coming Soon" and "Open During Construction" signs.
Directional sign. on-site means a sign giving directions. instructions. or facility information and
which may contain the name or logo of an establishment but no advertising copy (e.g.. parking. exit or
entrance signs).
Electrical sign means a sign or sign structure in which electrical wiring. connections. or fixtures
are used.
Ordinance No. 08-
Page 59 of90
Electronic changeable message sign means an electronically activated sign whose message
content. either whole or in part. may be changed by means of electronic programming.
Flashing sign means a sign when any portion of it changes light intensity. switches on and off in a
constant pattern. or contains moving parts or the optical illusion of motion caused by use of electrical
energy or illumination.
Freestanding sign means a sign supported permanently upon the ground by poles. pylons, braces
or a solid base and not attached to any building. Freestanding signs include those signs otherwise known
as "pedestal signs," "pole signs," "pylon signs." and "monument signs."
Sign
Height
Sign
Height
Figure 3 - Freestanding Sign
Fuel price sign means a sign displaying the price of fuel for motorized vehicles.
Ground-mounted sign means a pedestal sign. pole. pylon. monument sign. or any SIgn
permanently affixed to the ground.
Government sign means any temporary or permanent sign erected and maintained by any city.
public utility. county, state, or federal government for designation of or direction to any school. hospital.
hospital site. property, or facility, including without limitation traffic signs. directional signs. warning
signs, informational signs, and signs displaying a public service message.
Instructional sign means a sign which designates public information including. without limitation.
public restroom signs. public telephone signs. exit signs and hours of operation signs.
Integral sign means a sign displaying a building date. monument citation. commemorative
inscription. or similar historic information.
Kiosk means a freestanding sign, which may have a round shape or which may have two or more
faces and which is used to provide directions, advertising or general information.
Marquee sign means any sign attached to or supported by a marquee. which is a permanent roof-
like proiecting structure attached to a building.
Menu board means a permanently mounted sign advertising the bill of fare for a drive-in or drive-
through restaurant.
Monument sign means a freestanding sign supported permanently upon the ground by a solid
base of landscape construction materials such as brick. stucco. stonework. textured wood, tile or textured
Ordinance No. 08-
Page 60 of90
concrete materials harmonious with the materials of the primary structure on the subiect property. (See
drawing set forth in FWCC 22-1602( c )(2). Figure 8.)
Identification sign means a sign whose copy is limited to the name and address of a building.
institution. or person and/or to the activity or occupation being identified.
Identification sign (subdivision) means a freestanding or wall sign identifying a recognized
subdivision. condominium complex. or residential development.
Illuminated sign means a sign with an artificial light source incorporated internally or externally
for the purpose of illuminating the sign.
Incidental sign means a small sign. emblem. or decal informing the public of goods. facilities. or
services available on the premises (e.g.. a credit card sign or a sign indicating hours of business).
Nameplate means a non-electric on-premises identification sign giving only the name, address.
and/or occupation of an occupant or group of occupants of the building.
Neon (outline tubing) sign means a sign consisting of glass tubing. filled with neon gas, or other
similar gas. which glows when electric current is sent through it.
Nonconforming sign means any sign. which was legally in existence on the effective date of this
Code. February 28. 1990. or on the effective date of annexation if located in areas annexed to the city
thereafter, but which does not comply with this article or any other sections of this Code.
Obsolete sign means a sign that advertises a product that is no longer made. a business that is no
longer in operation. or an activity or event that has already occurred. except for historical signs.
Off-site sign means a sign relating. through its message and content. to a business activity. use.
product, or service not available on the subiect property on which the sign is located.
On-site sign means a sign which contains only advertising strictly applicable to a lawful use of
the subiect property on which the sign is located. including without limitation signs indicating the
business transacted, principal services rendered. and goods sold or produced on the subiect property. or
name of the business and name of the person occupying the subiect property.
Pedestal sign means a freestanding sign supported permanently upon the ground by a solid base
of landscape construction materials such as brick. stucco. stonework textured wood. tile or textured
concrete materials harmonious with the materials of the primary structure on the subiect property. Such
base shall be equal to at least 50 percent of the sign width. (See drawing set forth in FWCC 22-
1602(c)(l). Figure 6.)
Point of purchase display or sign means an advertisement for an item accompanying its display
indicating only instructions and the contents or purpose of the item (e.g.. an advertisement on a product
dispenser. tire display. recycling containers. collection containers. gas pumps. phone booths, etc.).
Pole or pylon signs means freestanding signs supported permanently upon the ground by poles or
braces of materials such as brick, stucco, stonework. textured wood. tile or textured concrete materials
harmonious with the materials of the primary structure on the subiect property and not attached to any
building. (See drawing set forth in FWCC 22-1602(c)(l). Figure 7.)
Political signs means temporary signs advertising a candidate or candidates for public elective
office. or a political party, or signs urging a particular vote on a public issue decided by ballot in
connection with local. state, or national election or referendum.
Portable sign means any sign designed to be moved easily and not permanently affixed to the
ground or to a structure or building. Portable signs differ from temporary signs in that portable signs are
made of durable materials such as metal. wood, or plastic.
Pre-opening sign means a temporary sign which identifies a new business moving into a new
tenant space or building. The sign must include the name of the business and copy stating the business
'11 ( "C . S " "0 . S " 1
WI open soon e.g.. ommg oon... pemng oon.... etc. .
Private advertising sign means a temporary sign announcing an event. use or condition of
personal concern to the sign user including without limitation "garage sale" or "lost animal" signs.
Private notice sign means a sign announcing a restriction or warning regarding the subiect
property, such as. but not limited to, "no trespassing" or "beware of dog."
Ordinance No. 08-
Page 61 of90
Proiecting sign means a sign. other than a flat wall sign. which is attached to and proiects from a
building wall or other structure not specifically designed to support the sign.
o 0
II
Figure 4 - Projecting Sign
Real estate. on-site sign means a sign placed on the subiect property and announcing the sale or
rental of the subiect property.
Roof sign means any sign erected. constructed. or placed upon. over. or extended above any
portion of the roof of a building or structure, excluding signs affixed to the vertical face of a mansard or
gambrel style roof. in which case a roof sign is any sign erected. constructed. or placed upon. over. or
extended above the lowest vertical section of a mansard or gambrel roof.
Snipe sign means a temporary sign or poster posted on trees. fences, light posts or utility poles.
except those posted by a government or public utility.
Temporary sign means a sign not constructed or intended for long-term use.
Tenant directory sign means a sign for listing the tenants or occupants and then suite numbers of
a building or center.
Time and temperature sign means any sign that displays the current time and temperature.
without any commercial message.
Under canopy sign means any sign intended generally to attract pedestrian traffic suspended
beneath a canopy or marquee which is at a 90-degree right angle to the adiacent exposed building face
and which contains no commercial messages other than the name of the business.
Ordinance No. 08-
Page 62 0/90
Vehicle sign means a sign temporarily affixed or attached to a parked vehicle for the purpose of
advertising a product or service. or providing directions to such products or services.
Wall sign means either a sign applied with paint or similar substance on the surface of a wall or a
sign attached essentially parallel to and extending not more than 24 inches from the wall of a building
with no copy on the side or edges.
Warning sign means any sign which is intended to warn persons of prohibited activities such as
"no trespassing." "no hunting." and "no dumping."
Window sign means all signs affixed to a window and intended to be viewed from the exterior of
the structure.
Sign area means the entire area of a sign on which colors, words. letters. numbers. symbols. graphics.
graphic design. figures. logos. trademarks and/or written copy is to be placed. excluding sign structure.
architectural embellishments and framework. Sign area is calculated by measuring the perimeter
enclosing the extreme limits of the module or sign face containing the graphics. letters, figures. symbols.
trademarks, and/or written copy; except that sign area is calculated for individual letters. numbers. or
symbols using a canopy. awning or wall as the background. without added decoration or change in the
canopy, awning or wall color. by measuring the perimeter enclosing each letter. number. or symbol and
totaling the square footage of these perimeters.
Grocery
G+r+o+c+e+r+y "" Sign Ar$a
Ordinance No. 08-
Page 63 of90
.1.. x (b+c+d+~) ;0; Sign Area ..1
Figure 5 - Calculating Sign Art
Sign face means the area of a sign on which the colors, words. letters. numbers. symbols. graphics.
graphic design, figures. logos, trademark and/or written copy is placed.
Sign inventory sticker means the sticker that is assigned to any sign after it has been inventoried and
determined to be a legal nonconforming sign.
Sign inventory sticker number means the inventory number that is assigned to a sign after it has been
inventoried and determined to be a legal nonconforming sign.
Sign registration means the approval issued to any sign that has an approved sign permit and that has
passed all inspections required by the city. or is in conformance with this Code after an analysis
conducted as part of a sign inventory.
Significant natural vegetation means any area containing a concentration of significant trees; any area
of significant biological importance; and any area containing dense, mature, native vegetation.
Significant trees. ^ "significant tree" shall be defined as: means a tree that is
(1) Twelve inches in diameter or 37 inches in circumference measured four and one-half feet
above ground; ailil
(2) In good health; ailil
(3) Not detrimental to the community. including but not limited to not (e.g., is not diseased,
dying, eF likely of falling to fall into public open space or right-of-way, etc.) or obscuring safe sight
distance requirements; and
(4) Not a Significant trees shall not include red alder, cottonwood, poplar or big leaf maple.
Silt or sediment means the soils or rock fragments soil particles mobilized and deposited by the
processes of erosion and deposition. which are transported by. suspended in. or deposited by water.
Single housekeeping unit means a person an individual, a group of not more than three persons.-;-er
two or more or a group of persons connected through blood. marriage or other legal relationships
indiyiduals related by not more than four degrees of affinity or consanguinity ~including persons under
legal guardianship, or a group of not more than three persons '.vho are not related by four or fewer degrees
of affinity or eonsanguinity; provided, however, that any. Any limitation on the number of residents
resulting from this definition shall not be applied if it prohibits to the extent it would prevent the city from
making reasonable accommodations to disabled persons in order to afford such persons equal opportunity
to use and enjoy a dwelling as required by the Fair Housing Amendments L^.ct federal fair housing
amendments act of 1988, 42 USC 3604(t)(3)(b). This definition shall not be applied to the extent that
Ordinance No. 08-
Page 64 of90
would cause a residential structure occupied by persons with handicaps. as defined in the federal fair
housing amendments act of 1988. to be treated differently than a similar residential structure occupied by
other related or unrelated individuals.
Single-use building means a building which contains one use.
Site means subiect property
Small animals means dogs, cats, birds, small exotic animals (snakes, gerbils, mice, guinea pigs, etc.),
foxes, bobcats and similar small wild animals.
Social service transitional housing means facilities other than offices and group homes as defined in
this chapter, operated by a nonprofit social service agency, licensed as required by the state, providing
temporary and transitional housing to individuals on an as-needed basis, operated by a nonprofit social
service agency, licensed as required by the state, including, but not limited to, emergency shelters,
homeless shelters, domestic violence shelters, and other such crisis intervention facilities; but excluding
offices and group homes as defined in this chapter. Any limitation on the number of residents in social
service transitional housing shall not be applied if it prohibits the city from making reasonable
accommodations to disabled persons in order to afford such persons equal opportunity to use and enioy a
dwelling as required by the federal fair housing amendments act of 1988. 42 USC 3604(f)(3)(b). This
definition shall not be applied to the extent that would cause a residential structure occupied by persons
with handicaps, as defined in the federal fair housing amendments act of 1988, to be treated differently
than a similar residential structure occupied by other related or unrelated individuals. This classification
includes domestic violence shelters as defined herein, except that such shelters v.herein the total number
of residents does not exceed the maximum number allowed under the "family" definition may be
permitted outright in all residential zones. This category includes:
(1) Type A: Social service transitional housing limited to a maximum number of residents as
allowed under the definition of "family". Maximum number of residents to be consistent with the
maximum number of unrelated adults allowed under the zoning definition offaInily.
(2) Type B: Social service transitional housing with a more than the maximum number of
residents allowed under the definition of "family". ,^.ll social service transitional housing not mceting the
definition of "Type A," above. Maximum number to be dctCfffiined on a case by case basis.
The limitation on the number of residents in social service transitional housing shall not be applied if
it prohibits the city from making reasonable accommodations to disabled persons in order to afford sueh
persons equal opportunity to use and enjoy a dwelling as required by the Fair Housing ,^Jllendments ,^.ct
of 1988,12 USC 3601(f)(3)(b).
Special needs housing means housing not specifically defined by this chapter, and which will be
processed under the classification most closely related to the proposed use, as determined by the director
of community development services.
State Environmental Policy Act means Chapter 43.21C RCW.
Storm drainage means the movement of water, due to precipitation, either surficially or subsurficially.
Story means the area of a structure between the floor and the horizontal supporting members of the
ceiling directly above that floor. If a floor is, on average, at least three feet below finished grade, the area
between that floor and the ceiling directly above is not a story.
Stream means a course or route, formed by nature, including those which have been modified by
humans, and generally consisting of a channel with a bed, banks or sides throughout substantially all its
length, along which surface waters naturally and normally flow in draining from higher to lower
elevations. A stream need not contain water year round. In a developing setting development, streams
may run in culverts or may be channeled in a concrete, rock or other artificial conveyance system. This
definition is not mcant to does not include irrigation ditches, stormwater facilities or other artificial
watercourses unless they are used by resident or anadromous salmonid fish, or the feature was constructed
to convey Q natural streams stream which existed prior to construction of the watercourse. Those
topographic features that resemble streams but have no defined channels shall be considered streams
Ordinance No. 08-
Page 65 0/90
when hydrologic and hydraulic analyses done pursuant to a development proposal predict formation of a
defined channel after development.
Street means both of thc following:
fltA .!! public right-of-waY7
flt-A and a vehicular access easement or tract.
Street providing direct vehicle access means the street from which a vehicle can enter the subject
property without traversing another street or piece of property. In the case of a multiuse complex, the
street providing direct vehicular access is the exterior street that borders the complex and not an internal
street surrounded by the complex.
Streetscape amenities means pedestrian-oriented features and furnishings within the streetscape, such
as bench seats or sitting walls. weather protection. water features. art. transit stops with seating,
architectural facade treatments, garden space associated with residences. pedestrian-scale lighting.
landscaping that does not block views from the street or adiacent buildings. special paving. kiosks.
trellises. trash receptacles, and bike racks.
Streetscape means the visual character and quality of a street as determined by various elements
located between the street and building facades. such as trees and other landscaping. street furniture.
artwork. transit stops. and the architectural quality of street-facing building facades.
Structure means anything which is built or constructed, an edificc or building of any kind or any picce
of work artificially built up or composed of parts joined together in somc definite manner a combination
or arrangement of material for use. occupancy. or ornamentation. whether installed on. above. or below
the surface of land or water.
Structural alterations means any change in the supporting member of a building or structure.
Structured parking means parking provided on more than one level and within a structure, either
above- or below-grade. Structured parking shall not include a surface parking lot.
Subject property means the entire lot or parcel, or series of lots or parcels, on which a development,
activity, or use is exists or will occur leeate, or on which any activity or condition rcgulated by or subject
to development regulations this chapter is exists or will occur or take place.
Support structure means any built structure, including any guy wires and anchors, to which an
antenna and other necessary associated hardware is mounted. Support structures may include the
following:
(1) Lattice tower. A support structure which consists of a network of crossed metal braces,
forming a tower which is usually triangular or square in cross-section.
(2) Guy tower. A support structure such as a pole or narrow metal framework which is held erect
by the use of guy wires and anchors.
(3) Monopole. A support structure which consists of a single steel or wood pole sunk into the
ground and/or attached to a concrete pad.
(4) Existing nonresidential structure. Existing structures to which a PWSF may be attached with
certain conditions.
Surface parking lot means an off-street. ground level open area. usually improved. for the temporary
storage of motor vehicles.
22-1.20 Definitions. T.
Temporary personal wireless service facility means a personal wireless service facility which is to be
placed in use for a limited period of time, is not deployed in a permanent manner, and does not have a
permanent foundation.
Tenant improvement means any work, improvement or remodeling completely within the interior of a
building necessary to meet the varied requirements of continuing or succeeding tenants.
Threshold determination means the decision by the responsible official (the community development
services director) whether or not an environmental impact statement (EIS) is required for projects that are
not categorically exempt under the State Environmental Policy Act (SEP A).
Ordinance No. 08-
Page 66 of90
Topsoil means the uppermost strata of soil containing a large percentage of organic materials and
which is capable of providing suitable nourishment for vegetation.
Townhouse means a type of attached multifamily dwelling in a row of at least two such units in
which each unit has its own front and rear access to the outside, no unit is located over another unit, and
each unit is separated from any other unit by one or more vertical common fire-resistant walls. See
definition of "dwelling unit, townhouse."
Trade school means a post-secondary institution that trains persons for qualification in specific trades
or occupations, i.e., mechanics; construction trades such as carpentry, HV AC, and wiring; electronics
repair and service including computers; plumbing; chefs and culinary training; upholstery; bartending.
Traffic control devices means signs, signals, stripes and other mechanical or graphic items which
control the flow, direction or speed of vehicular and pedestrian traffic.
Transparent glass means windows that are transparent enough to permit a reasonable level of
visibility of the activities within a building from nearby streets. sidewalks and public spaces.
22-1.21 Definitions. U.
Use means the nature of the activities taking place on private property or within structures thereon.
Each separate listing under the "Use" colmnn in FWCC 22-596 through 22-878 is a separate use.
22-1.22 Definitions. V.
Vehicle service station means a commercial use supplying petroleum products that are for immediate
use in a vehicle.
Vehicle storage area means an outside area which is used for the storage aft8for display of operational
vehicles.
Vehicular access easement or tract means privately owned land used and legally committed, through
easements, plat restrictions or similar mechanisms, to providing access for vehicles and pedestrians to
properties other than the property within the tract or easement. It may also provide space for utility lines
and appurtenances and other devices and facilities benefiting nearby properties or the public. See
definition of "ingress/egress and utilities easement."
22-1.23 Definitions. W.
Water feature means a fountain. cascade. stream water. water wall. water sculpture. or reflection
pond. The purpose is to serve as a focal point for pedestrian activity.
Waterward means toward the body of water.
Well means a hole or shaft sunk into the earth to tap an underground supply of water.
Wellfield means an area containing two or more wells with overlapping zones of contribution that
supply a public water system.
Wellhead means the top of the shaft of a well or similar water extraction facility from which potable
water is extracted.
Wellhead capture zone means an area in which groundwater is calculated to travel to a pumping well.
Capture zones are usually defined according to the time that it takes for water within a particular zone to
travel to a well. Calculated capture zones usually only approximate actual capture zones as a result of
assumptions required to conduct the calculation.
Wellhead protection area (WHP A) means the surface and subsurface area surrounding a well or
wellfield that supplies a public water system through which contaIninants are likely to pass and eventually
reach the water well(s) as designated under the Federal Clean Water Act.
Wetlands means those areas that are inundated or saturated by surface or groundwater at a frequency
and duration sufficient to support, and that under normal circumstances do support, a prevalence of
vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps,
marshes, bogs, and similar areas.
Ordinance No. 08-
Page 67 of90
The M.arch 1997 Washington State v./ etlands Identification and Delineation Manual (Department of
Ecology publication No. 96 91) as set forth in \V"\C 173 22 080, as it exists as of November 1, 1999, or
as subsequently amended, will be used for identification and delineation of wetlands within the city.
"\lthough a site specific vletland may not meet the criteria described above, it will be considered a
regulated vletland if it is functionally related to another ',yetland that meets the criteria.
Regulated wetlands means:
(1) Those 'wetlands, as described below, 'Nhich fall into one or more of the following categories:
a. Category I wetlands meet one of the following criteria:
1. Contain the presence of species or documented habitat recognized by state or federal
agencies as cndangered, threatened or potentially extirpated plant, fish or animal species; or
2. Contain the presence of plant associations of infrequent occurrence, irreplaceable
ecological functions, or exceptional local significance including but not liIffited to estuarine systems, peat
bogs and fens, mature forested wetlands, groundwater exchange areas, significant habitat or unique
educational sites; or
3. Have three or more wetland classes, one of which is open water.
b. Category II wetlands are greater than 2,500 square feet in area, do not exhibit the
characteristics of Category I wetlands, and meet one of the follO\.ving criteria:
1. Are contiguous with water bodies or tributaries to water bodies which under normal
circumstances contain or support a fish population, including streams where flow is intermittent; or
2. Are greater than one acre in size in its entirety; or
3. Are less than or equal to one acre in size in its entirety and have t';IO or more wetland
classes, with neither class dominated by non native in'.asive species.
c. Category III wetlands are groater than 2,500 square feet in area and do not exhibit those
characteristics of Category I or II wetlands.
(2) See definition of "regulated lakes."
Wholesale trade means a commercial establishment which sells to retail establishments.
22-1.24 Definitions. X.
22-1.25 Definitions. Y.
22-1.26 Definitions. Z.
Zero lot line means the location of a building in such a manner that one or more of the building's
sides rest directly on a lot line.
Zones mean use zones . See as described in FWCC 22-596 through 22-906.
Zoning map means the series of maps adopted by the city, and designated the official zoning map of
the city, showing the geographical location of use zones within the municipal boundaries.
(Ord. No. 90-43, S 2(3.10), 2-27-90; Ord. No. 90-51, SS 1,2,3-27-90; Ord. No. 91-87, SS 2 - 4,2-5-
91; Ord. No. 91-92, S 4, 4-16-91; Ord. No. 91-100, S 4, 6-4-91; Ord. No. 91-105, S 3, 8-20-91; Ord. No.
91-113, S 3, 12-3-91; Ord. No. 94-223 S 3(A), 10-18-94; Ord. No. 95-245, S 3(A), 11-21-95; Ord. No. 96-
269, S 3,6-18-96; Ord. No. 96-270, S 3(A), 7-2-96; Ord. No. 97-295, S 3, 5-20-97; Ord. No. 97-291, S 3,
4-1-97; Ord. No. 97-296, S 3, 6-17-97; Ord. No. 97-300, S 3, 9-16-97; Ord. No. 97-307, S 3, 12-16-97;
Ord. No. 99-337, S 2, 3-2-99; Ord. No. 99-347, S 3,8-3-99; Ord. No. 99-348, S 2, 9-7-99; Ord. No. 99-
353, S 3,11-16-99; Ord. No. 99-357, S 3, 12-7-99; Ord. No. 00-363, S 2,1-4-00; Ord. No. 01-385, S 3,4-
3-01; Ord. No. 02-424, S 3, 9-17-02; Ord. No. 03-443, S 3, 5-20-03; Ord. No. 04-457, S 3, 2-3-04; Ord.
No. 04-468, S 3, 11-16-04; Ord. No. 05-506, S 3, 10-18-05; Ord. No. 06-515, S 3,2-7-06; Ord. No. 06-
533, S 5(Exh. A), 9-19-06; Ord. No. 07-545, S 3(Exh. A), 1-2-07; Ord. No. 07-554, S 5(Exh. A(3)), 5-15-
07; Ord. No. 07-559, S 3(Exh. A), 7-3-07)
Ordinance No. 08-
Page 68 of90
SECTION 25. A new Section shall be added to Chapter 22, Article I, of the Federal Way City Code
[FWRC 19.05.120] to read as follows: (what is the FWCC site?)
22-12 rFWRC 19.05.1201 Application ofre2ulations.
Except as otherwise provided in this title:
1. No building or part thereof or other structure shall be erected, altered. added to. or enlarged. nor
shall any land. building, structure. or premises be used. designated. or intended to be used for any purpose
or in any manner other than is included among the uses listed in this title as permitted in the district in
which such building, land. or premises are located.
2. No building or part thereof or structure shall he erected. reconstructed. or structurally altered to
exceed in height the limit designated in this title for the district in which such building is located.
3. No building or part thereof or structure shall be erected, nor shall any existing building be altered.
enlarged. or rebuilt or moved into any district. nor shall any open space be encroached upon or reduced in
any manner. except in conformity to the yard. building site area. and building location regulations
designated in this title for the district in which such building or open space is located.
4. In their interpretation and application. the provisions of this title shall be held to be minimum
requirements. Where this title imposes a greater restriction than is imposed or required by other rules or
regulations or ordinances. the provisions of this title shall control.
5. Activities and uses defined as "adult entertainment activity or use" are only permitted in the zone
where that term is specifically listed as an allowable use and only in conformance to the requirements as
stated for that use.
SECTION 26. A new section shall be added to Chapter 22, Article I, of the Federal Way City Code
[FWRC 19.05.130] to read as follows:
22-13 rFWRC 19.05.1301 Date of issuance of decisions
Where notice of a decision of the director or the hearing examiner is required to be mailed, the decision is
deemed issued three days after the date the decision is mailed. Proof of mailing shall be by affidavit or by
declaration under penalty of perjury.
Decisions by the city council made by ordinance or resolution while sitting in a quasi-iudicial capacity.
are deemed issued on the date the council passes the ordinance or resolution. as evidenced by the date of
passage indicated on the face of the ordinance or resolution.
SECTION 27. A new section shall be added to Chapter 22, Article XIII, of the Federal Way City
Code to read as follows:
22-978 [19.105.0601 Group homes.
A group home tyPe II proposing to serve iuveniles convicted of the offenses listed under group home type
III must be approved through process I to be treated as a group home type II and not a group home type
III. A group home type II-B must be approved under process I to have 25 or more residents including
residential staff.
SECTION 28. A new section is added to Chapter 22, Article XIII, of the Federal Way City Code
(FWRC 19.105.070) to read as follows:
22-979 [19.105.0701 Social service transitional housin2.
Ordinance No. 08-
Page 69 of 90
Notwithstanding any provision to the contrary. domestic violence shelters (Type A) where the total
number of residents does not exceed the maximum number allowed under the definition of "family" may
be permitted outright in all residential zones. Any social service transitional housing must be approved
under process I to have more than the maximum number of residents allowed under the definition of
"family" (Type B's).
SECTION 29. Chapter 22, Article X, Section 22-547, of the Federal Way City Code shall be
amended to read as follows:
22-547 Definitions Catel!ories of temporary uses.
The following categories of temporary uses are established:
fB Class I temporary uses shall mean temporary uses including are temporary uses that do not fall under
Class II temporary uses. such as seasonal retail sales of agricultural or horticultural products such as
vegetable, fruit or flower stands; community festivals, circuses, carnivals, fairs, or similar transient
amusement, cultural, or recreational activities; and fundraising, rummage or other outdoor sales
sponsored by school, churches and other nonprofit organizations. Class I temporary uses shall be decided
under P'NCC ~; except that the director of community development may require an application to
be decided under FWCC 22 550 and process III, FWCC 22 386 et seq., when it is determined that the
degree and scope of potential impacts of the proposal '..'Iarrant such reyiew.
f.2j Class II temporary uses shall mean temporary uses including are temporary uses that involve such as
critical and essential human services of a nonprofit social services nature, including food banks, and
clothing banks, but not including homeless shelters, when the director of community development
services determines that the conditions prompting such proposal are of a critical and temporary nature.
Class II temporary uses shall be decided under FWCC ~(b). (Ord. No. 94-209, S 3, 3-15-94; Ord.
No. 97-291, S 3,4-1-97)
SECTION 30. Chapter 22, Article XIII, Section 22-977, of the Federal Way City Code (FWRC
19.225.005) shall be amended to read as follows:
22-977 [19.225.005J Increases to single-story construction limits - City center core and frame.
(aD Generally. The size of single-story buildings, and/or the total amount of new single-story
construction that can occur on a site may exceed the limits of 16,000 gross square feet as required by
Article XI, Division 8 [chapter 19.225 FWRC and chapter 19.230 FWRC], if approved by the directoref
community development services using the provisions in this section. The intent of this section is to
encourage creative design proposals and urban- scale, pedestrian-oriented development, by allowing
single-story buildings and/or single-story construction on a site to exceed the limits of 16,000 square feet,
based on the nature and extent to which a project incorporates a mix of uses, multiple-story buildings,
and/or public on-site open space.
(b) Definitions. The follov/ing definitions apply to this section:
(1) Floor area means the total area of a building floor plate in gross square feet.
(2) Mixed use building mcans a building containing two or more different principal permitted uses, as
determined by the director, and which occupy separate tenant spaces.
(3) Multiple story buildingmcans a building containing two or morc floors of active permitted use(s),
and each upper floor area, excluding any storage, mechanical, and other similar accessory, nonactive
areas, contains at least 33 percent of the ground floor area.
(1) The site means subject property as defined by this chapter.
Ordinance No. 08-
Page 70 of 90
(e2) Formula. The following formula establishes the incremental increases beyond 16,000 gross square
feet that may be added to an existing or proposed single-story building(s) anywhere on the site, in
exchange for the specified uses and building forms:
(+!!) One thousand square feet may be added in exchange for each 1,000 square feet of a principal
use(s) contained in an attached or detached mixed-use/multiple-story building.
(;!Q) Two thousand square feet may be added in exchange for each dwelling unit contained in an
attached or detached mixed-use/multiple-story building.
(~~) One thousand square feet may be added in exchange for each five parking stalls contained in an
attached or detached parking structure.
(4g) One thousand square feet may be added in exchange for each 1,000 square feet of public on-site
open space; provided, that it is located and designed according to the definition and design criteria for
public on-site open space set forth in Article XIX.
(6.3.) Modifications. The director may approve minor modifications to the above formula based on
unusual site conditions or unique design proposals, provided the resulting project is consistent with
comprehensive plan policies promoting urban-scale, pedestrian-oriented development in the city center,
and meets all other applicable development regulations and design standards.
(e1) Exclusion from size limits. Those portions of a ground floor that are covered by upper floor space,
within buildings approved under this section, are excluded from the size limits of Article XI, Division 8
[chapter 19.225 FWRC and chapter 19.230 FWRC]. (Ord. No. 06-515, S 3,2-7-06)
SECTION 31. Chapter 22, Article XIV, Section 22-1356, of the Federal Way City Code shall be
amended to read as follows:
22-1356 Determination of wetland and regulated wetland.
(a) Generally. This section contains procedures and criteria for dctermining whether an area is defined
as a regulated wetland under this chapter. The March 1997 Washington State Wetlands Identification and
Delineation Manual (Department of Ecology publication No. 96-94) as set forth in WAC 173-22-080. as
it exists as of November 1. 1999. or as subsequently amended. will be used for identification and
delineation of wetlands within the city. Although a site-specific wetland may not meet the criteria
described above, it will be considered a regulated wetland if it is functionally related to another wetland
that meets the criteria. Where vegetation has been removed. a wetland may be determined by the presence
of hydric soils. as well as other documentation of the previous existence of wetland vegetation such as
aerial photographs.
(b) Evaluation. If the city determines that a wetland may exist on or within 200 feet of the subject
property, the director of community de','clopment shall require the applicant to submit a wetland report,
prepared by a qualified professional approved by the city, that includes the information set forth in
subsections (b)( 1) through (b )(7) and (c) of this section. The director of community devclopment shall use
the information required by subsections (b)( 1) and (b )(2) to determine if the area is a regulated wetland
and, if so, shall use the information required by subsections (b)(3) through (b)(7) and (c) to determine the
category and the precise boundaries of that regulated wetland.
(1) An evaluation of whether the area in question is a regulated wetland under this section,
FWCC 22-1357, and the definition of wetland in 22-1., based on the definition of "regulated wetland" in
F\VCC 2Ll.
(2) An overview of the methodology used to conduct the study.
(3) A description of the wetland and plant communities found therein, a map delineating the edge
of the wetland and location of plant communities, and a detailed description of the method used to
identify the wetland edge.
(4) The wetland classification, according to the U.S. Fish and Wildlife Service "Classification of
Wetlands and Deep Water Habitats in the U.S."
Ordinance No. 08-
Page 71 of90
(5) A list of observed plant and wildlife species, using both scientific and common names, and a
description of their relative abundance.
(6) A list of potential plant or animal species based on signs or other observation.
(7) An evaluation and assessment of the existing or potential functions and values of the wetland
based on the following factors: surface water control; wildlife habitat; pollution and erosion control;
groundwater exchange; open space and recreation; and educational and cultural opportunities.
(c) Drainage facilities. Surface water ponds, drainage ditches, and other such facilities which were
designed to impound or convey water for an engineered purpose are not considered regulated wetlands
under this article provided they meet all of the following criteria:
(1) The drainage facility must have been intentionally human created. This is to differentiate from
those wetland sites that are accidental consequences of development actions, such as road construction or
culvert placement. Such sites may be considered regulated wetlands by the director upon a review, under
subsection (b )(7) of this section, of the ecological functions and values of the site.
(2) The drainage facility must have been originally constructed on uplands (nonwetland areas). If
the drainage facility is located within a straightened, channelized, or otherwise disturbed natural
watercourse, it may be considered a regulated wetland by the director upon a review, under subsection
(b )(7) of this section, of the ecological functions and values of the site.
(3) The facility must be actively operated as a surface water drainage facility. Abandoned
drainage facilities may be considered regulated wetlands by the director upon a review, under subsection
(b )(7) of this section, of the ecological functions and values of the site.
(4) Wetland conditions have not expanded beyond the originally constructed drainage facility
boundary. In such a case, the expanded area may be considered a regulated wetland by the director upon
review, under subsection (b)(7) of this section, of the ecological functions and values of the site.
(5) The drainage facility was not designed or constructed as a requirement to mitigate previous
wetland impacts.
(6) The director finds that limited ecological functions and values do not warrant application of
the city's wetland regulations. (Ord. No. 90-43, S 2(80.145), 2-27-90; Ord. No. 91-105, S 4(80.145), 8-
20-91; Ord. No. 91-123, S 3(80.145),12-17-91; Ord. No. 99-353, S 3,11-16-99; Ord. No. 04-468, S 3,
11-16-04; Ord. No. 07-554, S 5(Exh. A(10)), 5-15-07)
SECTION 32. Chapter 22, Article XVII, Section 22-1568, of the Federal Way City Code shall be
amended to read as follows:
22-1568 Significant trees.
(a 1) Purpose. The purpose of this section is to: (1) Regulate the removal of trees from property within
the city in order to preserve, protect and enhance a valuable natural resource; (2) Establish standards to
limit the removal of and ensure the replacement of trees sufficient to safeguard the ecological and
aesthetic environment of a community; (3) Discourage the unnecessary clearing and disturbance of land
so as to preserve the natural and existing growth of vegetation; and (4) Maintain a minimum number of
significant trees.
(b) Definition. LA. significant tree shall be defined as:
(1) Twebe inches in diameter or 37 inches in circumference measured four and one half feet
above ground; and
(2) In good health; and
(3) .Not detrimental to the community (e.g., is not diseased, dying, or likely of falling into public
open space or right of ',yay, etc.) or obscuring safe sight distance requirements. Significant trees shall not
include red alder, cottonwood, poplar or big leaf maple.
Ordinance No. 08-
Page 72 of90
.
~.'~\
r1
Piqure 10 - SeC. 22-156a(b)
(c) Standards.
(12) Retention required. Significant trees shall be retained on the subject property to the maximum
extent possible in all developments as follows:
a. If the approved development on the subject property will require the removal of more than 75
percent of the significant trees on the subject property, significant trees shall be replaced in amount equal
to 25 percent of the significant trees which existed on the subject property prior to commencing any
development activity.
b. All significant trees located within any required perimeter landscaping area shall be retained
and/or replaced.
c. Significant trees required to be retained within on-site sensitive areas can be used toward
satisfying the 25 percent on-site significant tree retention regulations.
d. All significant trees located within required on-site recreation or open spaces shall be retained,
provided they do not conflict with on-site active recreation areas.
e. The significant tree retention requirements of this chapter shall not apply to the city center
zoning district.
f. There shall be no cutting of significant trees without authorization from the city for the purpose
of preparing that site for future development.
g. Up to one-half of the 25 percent significant tree replacement requirement may be satisfied by
planting larger trees in required landscape areas such as landscape islands, buffers, and perimeter
landscaped areas. Such trees shall be a minimum 12 feet in height for evergreen and three and one-half-
inch caliper for deciduous or broadleaf trees. Example: 100 on-site significant trees requires 25 to be
retained or replaced. Applicant may plant 13 larger trees within required landscape areas which meet size
requirements mentioned above.
h. Article XIX of this chapter may apply additional, use-specific standards related to significant
trees.
(~.J.) The applicant shall submit a tree retention plan concurrent with the first permit application for
that development. The tree retention plan shall consist of the following:
a. A tree surveyor cluster survey that identifies the location, size, number and species of all
significant trees on the site.
b. A development plan identifying the significant trees that are proposed to be retained, removed,
transplanted, or replaced, including a final report on percentage retained.
(~) Each retained significant tree not located within perimeter landscaping may be credited as two
trees for purposes of complying with the retention requirements of subsection (c)(l)(a) of this section,
provided the tree meets at least one of the following criteria:
a. The tree is located in a grouping of at least five trees with canopies that touch or overlap; or
b. The tree provides energy savings through winter wind protection or summer shading as a result
of its location relative to proposed buildings; or
Ordinance No. 08-
Page 73 of 90
c. The tree belongs to a unique or unusual species of native or non-native tree not usually found
locally.
(4~) Where it is not feasible to retain required significant trees due to site constraints including, but
not limited to, topography, ingress/egress requirements, existing and proposed utility locations, trails,
storm drainage improvements, a site specific tree plan, drawn to scale, shall be prepared. The tree plan
shall show the precise location of all significant trees on the site, in relation to the proposed buildings,
streets, parking areas, required landscaped areas, surface water facilities, and utilities. The director ef
community development shall review the plan in relation to the proposed development to ensure tree
removal is the minimum amount necessary to comply with the proposed development and meet the
purposes of this chapter.
(~Q) When required significant trees cannot be retained (see subsection (c)(4) of this section),
significant trees that are removed shall be replaced with:
a. Transplanted or retained on-site trees four-inch caliper or larger, which meet the definition of
significant tree in all manner except size, and approved by the community development director, based
upon the director's assessment of the location of the tree in relation to the proposed site development; or
b. New evergreen trees that are a minimum 10 feet in height, or deciduous trees that are a
minimum three-inch caliper.
The number of replacement trees, combined with the number of retained significant trees, shall equal 25
percent of the amount of on-site significant trees which existed prior to development.
(61) The following management practices shall be observed on sites containing significant trees, to
provide the best protection for significant trees:
a. No clearing shall be allowed on a proposed development site until the tree retention and
landscape plans have been approved by the city of Federal Way;
b. A no disturbance area, which shall be defined to be to the drip line of the significant tree, shall
be identified during the construction stage with either7-h-A ~temporary five-foot chain-link fenc~ or
~ line of five-foot high, orange-colored two-by-four inch stakes placed no more than ten feet apart
connected by highly visible surveyor's ribbon;
c. No impervious surfaces, fill, excavation, or storage of construction materials shall be permitted
within the no disturbance area;
d. If the grade level around the tree is to be raised by more than one foot, a rock well shall be
constructed. The inside diameter of the rock well shall be equal to the diameter of the tree trunk plus 10
feet. Proper drainage, and irrigation if necessary, shall be provided in all rock wells;
e. The grade level shall not be lowered within the larger of the two areas defined as follows: 1.
~ the drip line of the tree( s)~ or ~ the area around the tree equal to one foot in diameter of each
inch of tree trunk diameter measured four feet above the ground;
f. Alternative protection methods may be used if accepted by the director of community
development dopartment to provide equal or greater tree protection;
g. Encroachment into the no disturbance area may be allowed where the director determines
encroachment would not be detrimental to the health of the tree. (Ord. No. 93-170, S 4, 4-20-93; Ord. No.
07-559, S 3(Exh. A), 7-3-07)
SECTION 33. Chapter 22, Article XVIII, Section 22-1597, of the Federal Way City Code is hereby
repealed as follows:
22 1597 Definitions.
The follo'Ning words, terms and phrases, when used in this chapter, shall have the meanings ascribed to
them in this section, exccpt ',,,,here the context clearly indicatcs a different mcaning:
Ordinance No. 08-
Page 74 of 90
(1) "'\bandoned sign means any sign remaining in place after a sign has not been maintained for a period
of 90 or more consecutive days or if the aeti'lity conducted on the subject property ceases for 180
consecuti'.e days.
(2) "^~dministrator moans the director of community development or his/her designated rcpresentati'.e.
(3) Advertised activity for freeway profile signs. For the purpose of measuring from the advertised
activity for an individual business, the distance shall be measured from the sign to the nearest portion of
that building, storage, or other structure or processing area which is the most rcgularly used and essential
to the conduct of the activity; and for a center identification sign, which idcntifies businesses within a
multi tenant complex, the distance shall be measured from the sign to the nearest portion of the combined
parking area of the subject property.
(1) ./\a:imated or moving sign mcans any sign that uses mO'/cment or the appearance of movement of a
sign display through the use of patterns of lights, changes in color or light intensity, computerized special
effects, video display, or through any other method, chasing or scintillating lights, fluttering or moving
lights, lights with stroboscopic effect, or containing elemcnts creating sound or smell; except for the
scrolling of a static messagc, scene, or color onto or off a sign board in onc direction per message.
(5) Architectural cmbellishments Signs means the aesthetic elements of the structure that includes or
encloses a sign. They do not include any copy, text, logos, graphics, or other elements of the sign face or
sign base, but are solely intended to enhance the aesthetics of the structural elements surrounding or
supporting the sign.
(6) "^~wning means a shelter projecting from and supported by the exterior wall of the building and v.hieh
is constructed of a noncombustible framework and covered by a flexible or nonrigid fabric. Awnings can
be fixed, retraetable, or collapsiblc. "^illy structure that extends above the adjacent parapet or roof of a
supporting building is not included within the definition of a'.','lling.
(7) Awning or canopy sign means a non electric sign on the vertical surface or flap that is printed on,
painted on, or attached to an awning or canopy. Illumination for the awning or canopy shall be for safety
purposes only, and thoref-ore, shall point to';lard the ground and not illuminate the canopy. (See also
"Marquee sign.")
---~' ~
~
')
~
a-OnH'Msk7'lOIi .VWw
$i11t:t"'~
Figure 1- Awning or Canopy Sign
(8) Balloon means a decorative inflatable de'.ice, generally composed of a thin layer of latex or mylar,
into which a gas (typically helium) is inserted in order to cause it to rise or float in the atmosphere. (See
also "Inflatable advertising de'.ice.")
(9) Banner means a sign made of fabric or any nonrigid material with no enclosing framework.
(10) Billboard means permanent outdoor ad'.ertising off site signs containing a message, commercial or
otherwise, unrclated to any use or activity on the subject property on .,,,hich the sign is located, but not
including civic event signs, signs oriented to the interior of sports fields, government signs, or
instructional signs.
(11) Building mounted signs means any sign attached to the facade or face of a building or mansard roof
including 'without limitation Viall signs, marquee signs, under canopy signs and projecting signs.
(12) Cabinet sign means a sign constructed of a box, rigid material, or framework over or within which is
secured the sign copy, text graphics, or other sign elements. Cabinet signs may ha'.e either interior or
exterior illumination.
Ordinance No. 08-
Page 75 of 90
~A ~...r"
I
P-:;::
Figure 2 - Cabinet Sign
(13) Canopy Building means a rigid, multi sided structure covered with fabric, metal, or other material
and supported by a building at one or more points or extremities and by columns or posts embedded in the
ground at other points or extremities. /\ny structure which extends above any adjacent para-pet or roof of
the supporting building is not included within the definition of a building canopy.
(11) Canopy Freestanding means a rigid, multi sided structure covered '.vith fabric, metal, or other
material and supported by one or more posts embedded in the ground.
(15) Canopy sign. See ",^.vming or canopy sign."
(16) Center identification sign means a building mounted or freestanding sign that identifies the name
and/or logo of a de'.elopment containing more than one office, retail, institutional or industrial use or
tenant and which may scparately identify the tenants.
(17) Changeable copy sign means a sign vihose informational content can be changed or altered (without
changing or altering the sign frame, sign supports or electrical parts) by manual or electric, electro
mechanical, or electronic means. A sign on which the message changes more than eight times a day shall
be considercd an electronic changeable mcssage sign and not a changeable copy sign for purposes of this
chapter. ,-\. sign on which the changing is an electronic or mechanical indication of time and/or
temperature shall be considered a "time and tempcrature" sign and not a changeable copy sign.
(18) City means the city of Federal \Vay, a \Vashington municipal corporation, rmless the context clearly
indicates otherwise.
(19) Clearview zone means the definition set forth in FWCC 22 1151 et seq. of this Code for intersection
sight distance requirements.
(20) Community service event or civic event means an e'.ent or gathering (such as a food fest, concert,
fun run, cultural exhibition, or charitable fund raising event) sponsored by a private or public nonprofit
organization. Sponsoring organizations can include, but are not limited to, schools, churches, and/or ciyic
fraternal organizations, theater and arts groups, and charitable organizations. The event may not be
primarily for the purpose of selling or promoting merchandise or services.
(21) Construction sign means a temporary sign identifYing an architect, contractor, subcontractor, and/or
material supplier participating in construction on the property on which the sign is located. Construction
signs also include "Coming Soon" and "Open During Construction" signs.
(22) Copy means the graphic content of a sign surface in either permanent or remoyable letter,
pictographic, symbolic, or alphabetic form.
(23) Directional sign, on site means a sign giving directions, instructions, or facility information and
'.vhich may contain the name or logo of an establishment but no advertising copy (e.g., parking, exit or
entrance signs).
(21) Electrical sign means a sign or sign structure in '.vhich electrical ';tiring, connections, or fixtures arc
useEh
(25) Electronic changeable message sign means an electronically activated sign 'lIhose message content,
either whole or in part, may be changed by means of electronic programming.
(26) Exposed building face means the building exterior wall of a single occupant building or the building
exterior wall of an indi'.idual tenant's leased space in a multi tenant complex, including the vertical
distance betv/een caves and ridge of a pitched roof above it, used for sign area calculation for building
mounted signs.
Ordinance No. 08-
Page 76 of 90
(27) Facade means the entire building front including the parapet.
(28) Festoons means a string of ribbons, tinsel, small flags, or pinv/heels.
(29) Flag means any piece of cloth of individual size, color and design, used as a symbol, signal, emblem
or fDr decoration.
(30) Flashing sign means a sign v/hen any portion of it changes light intensity, s\.vitches on and off in a
constant pattern, or contains mo'/ing parts or the optical illusion of motion caused by use of electrical
energy or illumination.
(31) Freestanding sign means a sign supported permanently upon the ground by poles, pylons, braces or a
solid base and not attached to any building. Freestanding signs include those signs otherwise knovlll as
"pedestal signs," "pole signs," "pylon signs," and "monument signs."
/'
Sign
H~'lOht
.~ ./
1
Sign
Helght
Figure 3 - Freestanding Sign
(32) Frontage means the length of the property line along any public right of way on v/hich it borders.
(33) Frontage, building means the length of an outside building wall on a public right of '.vay.
(34) Fuel price sign means a sign displaying the price of fuel for motorized vehicles.
(35) Graffiti means the inscription of symbols, 'Nords, or pictures by painting, spray painting or other
means of defacing public or private property.
(36) Grand opening means a promotional activity used by nev/ly established businesses to inform the
public of their location and services available to the co:tn1lliHlity. ,^. grand opening does not mean an
annual or occasional promotion of retail sales or other services, and does not include a change in
ownership, remodeling, or other change incidental to the initial establishment of the business.
(37) Ground mounted sign means a pedestal sign, pole, pylon, monument sign, or any sign permanently
affixed to the ground.
(38) Government sign means any temporary or permanent sign erected and maintained by any city, public
utility, county, state, or federal government for designation of or direction to any school, hospital, hospital
site, property, or facility, including '.vithout limitation traffic signs, directional signs, warning signs,
informational signs, and signs displaying a public service message.
(39) Height (of a sign) means the vertical distance measured from the highest point of the sign to the
grade of the adjacent street or the surface grade beneath the sign, whiche'/er is less.
(10) Identification sign means a sign whose copy is limited to the name and address of a building,
institution, or person and/or to the acti'lity or occupation being identified.
Ordinance No. 08-
Page 77 of90
(11) Identification sign (subdivision) means a frccstanding or wall Sign identifying a recognized
subdivision, condominium complex, or residential development.
(12) Illuminated sign means a sign .,vith an artificial light source incorporated internally or externally for
the purpose of illuminating the sign.
(13) Incidental sign means a small sign, emblem, or decal inf-onning the public of goods, facilities, or
services available on the premises (e.g., a crcdit eard sign or a sign indicating hours of business).
(11) Inflatable advertising dC'lice means an advertising device that is inflated by some mcans and used to
attract attention, advertise, promote, market, or display goods and/or serviccs. These devices include large
single displays or displays of smaller balloons connected in some fashion to create a larger display.
(45) Instructional sign mcans a sign v/hich designates public information including, without limitation,
public restroom signs, public telephone signs, exit signs and hours of operation signs.
(16) Integral sign means a sign displaying a building date, monument citation, commemorative
inscription, or similar historic information.
(17) Kiosk means a freestanding sign, v/hich may have a round shape or which may ha'le two or more
faccs and which is used to pro'.ide directions, advcrtising or general information.
(18) Maintenance (of a sign) means the cleaning, painting, and minor repair of a sign in a manner that
does not alter the basic design, size, height, or structure of the sign.
(19) Marquee sign mcans any sign attached to or supported by a marquee, which is a permanent roof like
projecting structure attached to a building.
(50) Mcnu board means a permanently mounted sign advertising the bill of fare for a drive in or drive
through restaurant.
(51) Monumcnt sign means a freestanding sign supported permanently upon the ground by a solid base of
landscape construction matcrials such as brick, stucco, stonev/ork, textured wood, tile or tcxtured concrete
materials harmonious with the matcrials of the primary structure on the subject property. (See drawing set
forth in FWCC 22 1602(c)(2), Figurc 8.)
(52) Multi tenant complex means a complex containing two or more uses or businesses.
(53) Multiuse complex means the definition of "multiuse complex" set forth in FWCC ~.
(51) Mural means a design or rcpresentation that is painted or dra',vn on the exterior surfacc of a structurc
and that does not advertisc a business, product, service, or activity.
(55) Nameplate mcans a non clectric on premises idcntification sign giving only the name, address,
and/or occupation of an occupant or group of occupants of the building.
(56) Neon (outline tubing) sign means a sign consisting of glass tubing, filled with neon gas, or other
similar gas, which glows v/hen electric current is sent through it.
(57) Nonconforming sign means any sign, which was legally in existence on the effcctive date of this
Code, February 28, 1990, or on the effective date of annexation if located in areas annexed to the city
thereaftcr, but which does not comply with this article or any other sections of this Codc.
(58) Notice of determination means the determination that the city issues as to whether a sign conforms to
this article and othcr sections of this Code.
(59) Obsolcte sign mcans a sign that advcrtises a product that is no longcr made, a business that is no
longcr in operation, or an actiyity or evcnt that has already occurred, exccpt for historical signs.
(60) Off site sign means a sign relating, through its message and content, to a business actiyity, use,
product, or service not available on the subject property on v/hich the sign is located.
(61) On site sign means a sign v/hich contains only advertising strictly applicable to a lawful use of the
subject property on which the sign is located, including without limitation signs indicating the business
transactcd, principal serviccs rcndered, and goods sold or produced on the subject property, or name of
the busincss and name of the pcrson occupying the subject property.
(62) Person means any individual, corporation, association, firm, partnership, or other legal entity.
(63) Pedestal mcans freestanding signs supportcd permanently upon the ground by a solid base of
landscape construction materials such as brick, stucco, stonework, textured wood, tile or textured concrete
materials harmonious with the materials of the primary structure on the subject property. Such base shall
Ordinance No. 08-
Page 78 of 90
be equal to at least 50 percent of the sign width. (See drawing set forth in FWCC 22 1602( c)(1), Figure
6-=1
(61) Point of purchase display or sign means an advertisement for an item accompanying its display
indicating only instructions and the contents or purpose of the itcm (c. g., an advertisement on a product
dispenser, tire display, recycling containers, collection containers, gas pumps, phone booths, etc.).
(65) Pole or pylon signs means freestanding signs supported permanently upon the ground by poles or
braces of materials such as brick, stucco, stonework, textured v/ood, tile or textured concrete materials
harmonious with the materials of thc primal)' structure on the subject property and not attached to any
building. (See drawing sot forth in F\VCC 22 1602(c)(I), Figure 7.)
(66) Political signs means temporary signs advertising a candidate or candidates for public electi'.e office,
or a political party, or signs urging a particular vote on a public issue decided by ballot in connection with
local, state, or national election or referendum.
(67) Portablc sign mcans any sign designed to be mO'led easily and not permanently affixed to the ground
or to a structure or building. Portable signs differ from temporary signs in that portable signs are made of
durable materials such as metal, v/ood, or plastic.
(68) Pre opening sign means a temporary sign which idcntifies a new business moving into a new tenant
space or building. The sign must include the name of the business and copy stating the busincss will open
€ "G . S " "8 . S "t j
soon e.g., ommg oon... penmg oon..., e c. .
(69) Private advertising sign means a temporary sign announcing an event, use or condition of personal
concern to the sign user including 'lIithout limitation "garage sale" or "lost animal" signs.
(70) Private notice sign means a sign announcing a rcstriction or '.varning regarding the subject property,
such as, but not limited to, "no trespassing" or "bcware of dog."
(71) Projecting sign means a sign, other tha-n a flat \vall sign, '.vhich is attached to and projects from a
building wall or other structure not specifically designed to support the sign.
Ordinance No. 08-
Page 790f90
Figure 4 - Projecting Sign
(72) Public right of vlay means land O'.vned, dedicated or conveyed to the public, used primarily for the
movement of '/ehieles, wheelchair and pedestrian traffic and Right of way may include land priyately
owned, used primarily for the movemcnt of '.ehicles or pedestrian traffic, so long as such privately owned
land has been constructed in compliance with all applicable lavls and standards for a public right of ...vay.
(73) Real estate, off site sign mcans a portable or temporary sign announcing the proposed sale of
property other than the property upon v/hich the sign is located and providing directions to the subject
property.
(71) Real estate, on site sign means a sign placed on the subject property and announcing the sale or
rental of the subject property.
(75) Registration sticker means the sticker that is assigned to a sign that has been inventoried and has
becn determined to comply with this article and other sections of this Code.
(76) Roof sign means any sign erccted, constructed, or placed upon, over, or extended above any portion
of the roof of a building or structure, excluding signs affixed to the vertical faee of a mansard or gambrel
style roof, in ';/hich casc a roof sign is any sign ercctcd, constructed, or placed upon, over, or extended
above the lov/est vcrtical section of a mansard or gambrel roof.
(77) Sign means any communication device, structure, fixture, or placard that uses colors, words, letters,
numbers, symbols, graphics, graphic designs, figures, logos, trademarks, and/or written copy for the
purpose of:
(a) Providing information or directions; or
(b) Promoting, identifying, or advertising any place, building, use, business, event, establishment,
product, good, or service, and includes all supports, braces, guys, and anchors associated with such sign.
Painted wall designs or patterns which do not represent a product, service, or registcred trademark, and
which do not identify the user, arc not considercd signs. If a painted \-vall design or pattern is combined
with a sign, only that part of the design or pattern which cannot bc distinguished from the sign will be
considered as part of the sign.
(78) Sign area means the entire area of a sign on which colors, words, letters, numbers, symbols, graphics,
graphic design, figures, logos, trademarks and/or written copy is to bc placed, excluding sign structure,
architectural embellishmcnts and framework. Sign area is calculatcd by measuring the perimeter
enclosing the extreme limits of the module or sign face containing the graphics, letters, figures, symbols,
trademarks, and/or written copy; provided, however, that cxcept that sign area is calculated for individual
letters, numbers~ or symbols using a canopy, awning or wall as the background, 'Nithout added decoration
or change in the canopy, awning or wall color, have sign area calculated by measuring the perimeter
enclosing cach lctter, number~ or symbol and totaling the squarc footage of thcse perimcters.
Ordinance No. 08-
Page 80 of90
Grocery
I G+r+o+c+e+r+y = Sign Area
"a"
~-~
'"
"d'
I a x ( b+c+d~) .. Sign Area I
Figure 5 - Calculating Sign Art
(79) Sign face means the area of a sign on which the colors, words, letters, numbers, symbols, graphics,
graphic design, figures, logos, trademark and/or written copy is placed.
(80) Sign inventory sticker means the sticker that is assigned to any sign after it has bcen inventoried and
determined to be a legal nonconforming sign.
(81) Sign inventory sticker numbcr means thc invcntory number that is assigned to a sign after it has been
inventoried and determined to be a legal nonconforming sign.
(82) Sign rcgistration means the approval issucd to any sign that has an appro'.ed sign permit and that has
passed all inspections required by the city, or is in conformance with this Code after an analysis
conducted as part of a sign inventory.
(83) Snipe sign means a temporary sign or poster posted on trces, fences, light posts or utility poles,
except those posted by a government or public utility.
(81) Temporary sign means a sign not constructed or intcnded for long term use.
(85) Tenant directory sign means a sign for listing the tcnants or occupants and then suite numbers of a
building or center.
(86) Timc and temperature sign means any sign that displays the current time and temperature, without
any commercial message.
(87) Under canopy sign means any sign intended generally to attract pedestrian traffic suspended beneath
a canopy or marquee which is at a 90 degree right angle to the adjacent exposed building face and \vhieh
contains no commcrcial mcssagcs other than the name of the business.
Ordinance No. 08-
Page 81 of90
(88) Vehic1e sign means a sign temporarily affixed or attached to a parked vehicle for the purpose of
ad'.ertising a product or service, or providing directions to such products or serviees.
(89) Wall sign means either a sign applied 'Nith paint or similar substance on the surfaee of a wall or a
sign attached cssentially parallel to and extcnding not more than 24 inches from the wall of a building
v.ith no copy on the side or edgcs.
(90) Warning sign mcans any sign \vhich is intended to warn persons of prohibited activitics such as "no
trespassing," "no hunting," and "no dumping."
(91) Windo',v sign means all signs affixcd to a window and intendcd to bc viewed from thc cxtcrior of the
structure. (Ord. No. 95 235, ~ 1, 6 (5 95; Ord. No. 99 318, ~ 5, 9 7 99; Ord. No. 99 357, ~ 5, 12 7 99;
Ord. No. 05 186, ~ 3, 1 1905; Ord. No. 05 187, ~ 3, 1 1905; Ord. No. 05 501, ~ 3, 10 1 05; Ord. No.
06 523, ~ 3(Exh. ,^.), 1 18 06)
SECTION 34. Chapter 22, Article XIX, Section 22-1630, of the Federal Way City Code shall be
amended to read as follows:
22-1630 Purpose.
The purpose of this article is to:
(1) Implement community design guidelines by:
a. Adopting design guidelines in accordance with land use and development policies established
in the Federal Way comprehensive plan and in accordance with Crime Prevention Through
Environmental Design (CPTED) Guidelines.
b. Requiring minimum standards for design review to maintain and protect property values and
enhance the general appearance of the city.
c. Increasing flexibility and encouraging creativity in building and site design, while assuring
quality development pursuant to the comprehensive plan and the purpose of this article.
d. Achieving predictability in design review, balanced with administrative flexibility to consider
the individual merits of proposals.
e. Improving and expanding pedestrian circulation, public epeH space, and pedestrian amenities in
the city.
(2) Implement Crime Prevention Through Environmental Design (CPTED) principles by:
a. Requiring minimum standards for design review to reduce the rate of crime associated with
persons and property, thus providing for the highest standards of public safety.
b. CPTED principles are functionally grouped into the following three categories:
1. Natural Surveillance. This focuses on strategies to design the built environment III a
manner that promotes visibility of public spaces and areas.
2. Access Control. This category focuses on the techniques that prevent and/or deter
unauthorized and/or inappropriate access.
3. Ownership. This category focuses on strategies to reduce the perception of areas as
"ownerless" and, therefore, available for undesirable uses.
c. CPTED principles, design guidelines, and performance standards will be used during project
development review to identify and incorporate design features that reduce opportunities for criminal
activity to occur. The effectiveness of CPTED is based on the fact that criminals make rational choices
about their targets. In general:
1. The greater the risk of being seen, challenged, or caught, the less likely they are to commit
a cnme.
2. The greater the effort required, the less likely they are to commit a crime.
3. The lesser the actual or perceived rewards, the less likely they are to commit a crime.
d. Through the use of CPTED principles, the built environment can be designed and managed to
ensure:
Ordinance No. 08-
Page 82 of90
1. There is more chance of being seen, challenged, or caught;
2. Greater effort is required;
3. The actual or perceived rewards are less; and
4. Opportunities for criminal activity are minimized. (Ord. No. 96-271, S 3, 7-2-96; Ord. No.
99-333, S 3,1-19-99; Ord. No. 00-382, S 3,1-16-01; Ord. No. 03-443, S 3, 5-20-03; Ord. No. 06-515, S 3,
2-7-06; Ord. No. 07-554, S 5(Exh. A(15)), 5-15-07)
SECTION 35. Chapter 22, Article XIX, Section 22-1633, of the Federal Way City Code is hereby
repealed as follows:
22 1633 Definitions.
(1) 1\ctive use(s) means uses that by their very nature generate activity, and thus opportunities for natural
surveillance, such as picnic areas, extracurricular school activities, exercise groups, etc.
(2) Arcade means a linear pedestrian walkway that abuts and runs along the facade of a building. It is
covered, but not enclosed, and open at all times to public use. Typically, it has a line of columns along its
open side. There may be habitable space above the arcade.
(3) /.wning means a roof like cover that is temporary or portable in nature and that projects from the wall
of a building for the purpose of shielding a doorway or '.vindmv from the elements.
(1) Canopy means a permanent, cantile','ered extension of a building that typically projects over a
pedestrian walkway abutting and running along the facade of a building, \-vith no habitable space above
the canopy. 1\ canopy roofis comprised of rigid materials.
(5) Common/--.2Lopen space area means--1!!Larea within a development, which is used primarily by the
occupants of that development, such as an entryway, lobby, courtyard, outside dining area, etc.
(6) Natural surveillance means easy observation of buildings, spaces, and activities by people passing or
living,_./working~ /recreating nearby.
(7) Parking structure means a building or structure consisting of more than one level, above and/or below
ground, and used for temporary storage of motor vehicles.
(8) Plaza means a pedestrian space that is available for public use and is situated near a main entrance to a
building or is clearly visible and accessible from the adjacent right of way. Typical features and
furnishings include special paving, landscaping, pedestrian scale lighting, seating areas, 'lieather
protection, water features, art, trash receptacles, and bicycle racks.
(9) Public on site open space means a passive and/or acti','e recrcational area designed spccifically for use
by the gcneral public as opposcd to serving merely as a setting for the building. Such areas may include
parks, gardens, plazas, entrance lobbies, arboretums, solariums, and bandstands, or an approved
combination thereof, and may contain exterior and/or interior spaces. Such areas shall be easily accessible
from adjacent public areas and ayailable to thc public at least 12 hours each weekday. Public on site open
space may be privately owncd, but must be permanently set aside and maintained for the use and benefit
of the public.
(10) Right of 'Nay mcans land owned, dcdicated or conveyed to the public, used primarily for the
movement of 'lehicles, wheelchair and pedestrian traffic and Right of way may include land privately
owned, used primarily for the movement of vehicles or pedestrian traffic, so long as such privately O\vned
land has been constructed in compliance with all applicable laws and standards for a public right of'liay.
(11) Sight line means the line of vision from a person to a place or building.
(12) Streetscape means the visual eharacter and quality of a street as determined by ','arious elements
located bety.een the street and building facades, such as trees and other landscaping, street furniture,
artwork, transit stops, and the architectural quality of street facing building facades.
(13) Streetscape amenities, as used in this article, means pedestrian oriented features and furnishings
within the streetscape, such as bench seats or sitting walls, weather protection, 'Nater features, art, transit
stops with seating, architectural facade treatments, garden space associatcd with residences, pedestrian
Ordinance No. 08-
Page 83 of90
scale lighting, landscaping that does not block vie'.vs from the street or adjacent buildings, special paying,
kiosks, trellises, trash receptacles, and bike racks.
(11) Surface parking lot means an off street, ground level open area, usually improyed, for the temporary
storagc of motor vehicles.
(15) Transparent glass means v/indows that are transparent enough to permit the view of acti'litics within
a building from nearby streets, sidewalks and public spaces. Tinting or some coloration is permitted,
provided a reasonablc level of yisibility is achic';ed. Reflectivc or vcry dark tinted glass does not
accomplish this objective.
(16) 'Vater feature means a fountain, cascade, stream '.:vater, water wall, water sculpture, or refleetion
pond. The purpose is to serve as a focal point for pedestrian activity. (Ord. No. 96 271, ~ 3, 7 2 96; Ord.
No. 99 333, ~ 3, 1'19 99; Ord. No. 00 382, ~ 3,1 1601; Ord. No. 03 113, ~ 3,52003; Ord. No. 06515,
~ 3, 2 7 06)
SECTION 36. Chapter 22, Article XIX, Section 22-1638, of the Federal Way City Code shall be
amended to read as follows:
22-1638 District guidelines.
In addition to the foregoing development guidelines, the following supplemental guidelines apply to
individual zoning districts:
(a) Professional office (PO), neighborhood business (BN), and community business (Be).
(1) Surface parking may be located behind the building, to the side(s) of the building, or adjacent
to the right-of-way; provided, however, that parking located adjacent to the right-of-way maximizes
pedestrian access and circulation pursuant to FWCC 22-1634( d).
(2) Entrance facades shall front on, face, or be clearly recognizable from the right-of-way; and
shall incorporate windows and other methods of articulation.
(3) Building entrances shall be architecturally emphasized and shall incorporate transparent glass.
(4) Ground floor entrances to retail sales or services shall incorporate plaza features or
furnishings, and/or streetscape amenities, in a context-sensitive amount and combination, considering the
scale of the retail use(s) and entrance(s) to the overall building or development, and the proximity and
access to other existing plaza or streetscape features.
(5) Ground-level mirrored or reflective glass is not allowed adjacent to a public right-of-way or
pedestrian area.
(6) If utilized, chain-link fences visible from public rights-of-way or adjacent properties, and not
screened by Type I landscaping as defined by Article XVII, shall utilize vinyl-coated mesh, powder-
coated poles, dark color(s), and architectural element(s) such as pole caps and/or decorative grid pattern.
For residential uses only:
(7) All significant trees within a 20-foot perimeter strip around the site shall be retained and/or
replaced within the applicable required landscape buffer.
(8) Landscaped yards shall be provided between building(s) and public street(s). Parking lots
should be beside or behind buildings that front upon streets.
(9) Parking lots should be broken up into rows containing no more than 10 adjacent stalls,
separated by planting areas.
(10) Pedestrian walkways (minimum six feet wide) shall be provided between the interior of the
project and the public sidewalk.
(11) Lighting fixtures should not exceed 20 feet in height and shall include cutoff shields.
Ordinance No. 08-
Page 84 of90
20'
Figure 16 - See. 22 - 1638 (a)
(12) Principal entries to buildings shall be highlighted with plaza or garden areas containing
planting, lighting, seating, trellises and other features. Such areas shall be located and designed so
windows overlook them.
Figure 17 - See. 22 - 1638 (a)
(13) Common recreational spaces shall be located and arranged so that windows overlook them.
Figure 18 - Sec. 22 - 1638 (a)
(14) Units on the ground floor (when permitted) shall have private outdoor spaces adjacent to
them so those exterior portions of the site are controlled by individual households.
Ordinance No. 08-
Page 85 of90
Figure 19 - Sec. 22 - 1638 (a)
(15) All new buildings, including accessory buildings such as carports and garages, shall appear
to have a roof pitch ranging from at least 4:12 to a maximum of 12:12.
Figure 20 - Sec. 22 - 1638 (a)
(16) Carports and garages in front yards should be discouraged.
(17) The longest dimension of any building facade shall not exceed 120 feet. Buildings on the
same site may be connected by covered pedestrian walkways.
(18) Buildings should be designed to have a distinct "base," "middle" and "top." The base
(typically the first floor) should contain the greatest number of architectural elements such as windows,
materials, details, overhangs, cornice lines, and masonry belt courses. The midsection, by comparison,
may be simple. (Note: single-story buildings have no middle.) The top should avoid the appearance of a
flat roof and include distinctive roof shapes including but not limited to pitched, vaulted or terraced, etc.
F :1.111\':. ~.1 - S("A~ ).j' - . 6~l-; {:t ~
(19) Residential design features, including but not liInited to entry porches, projecting window
bays, balconies or decks, individual windows (rather than strip windows), offsets and cascading or
stepped roof forms, shall be incorporated into all buildings. Window openings shall have visible trim
material or painted detailing that resembles trim.
(20) Subsection (a)(13) of this section shall apply to self-service storage facilities.
(b) Office park (OP), corporate park (CP), and commercial enterprise (CE).
(1) Surface parking may be located behind the building, to the side(s) of the building, or adjacent
to the right-of-way; provided, however, that parking located adjacent to the right-of-way maximizes
pedestrian access and circulation pursuant to FWCC 22-1634( d).
(2) Entrance facades shall front on, face, or be clearly recognizable from the right-of-way.
Ordinance No. 08-
Page 86 0/90
(3) Building entrances shall be architecturally emphasized and shall incorporate transparent glass.
(4) Ground floor entrances to retail sales or services shall incorporate plaza features or
furnishings, and/or streetscape amenities, in a context-sensitive amount and combination, considering the
scale of the retail use(s) and entrance(s) to the overall building or development, and the proximity and
accessibility from the building to other existing plaza or streetscape features.
(5) Ground-level mirrored or reflective glass is not allowed adjacent to a public right-of-way or
pedestrian area.
(6) If utilized, chain-link fences visible from public rights-of-way or adjacent properties, and not
screened by Type I landscaping as defined in Article XVII, shall utilize vinyl-coated mesh, powder-
coated poles, dark color(s), and architectural element(s) such as pole caps and/or decorative grid pattern.
For non-single-family residential uses only:
(7) Subsections (a)(5) through (a)(l7) of this section shall apply.
(c) City center core (CC-C) and city center frame (CC-F).
(1) The city center core and frame contain transitional forms of development with surface parking
areas. However, as new development or redevelopment occurs, the visual dOlninance of surface parking
areas shall be eliminated or reduced.
Therefore, parking shall be located behind building(s), with building(s) located between rights-of-way
and the parking area(s), or in structured parking, and any parking located along a right-of-way is subject
to the following criteria:
a. In the city center core, surface parking and driving areas may not occupy more than 25
percent of the project's linear frontage along principal pedestrian right(s)-of-way, as determined by the
director.
b. In the city center frame, surface parking and driving areas may not occupy more than 40
percent of the project's linear frontage along principal pedestrian right(s)-of-way, as determined by the
director.
c. A greater amount of parking and driving area than is specified in subsections (c)(1)(a) and
(b) of this section may be located along other rights-of-way; provided, that the parking is not the
predominant use along such right-of-way, as determined by the director.
(2) Principal entrance facades shall front on, face, or be clearly recognizable from the right-of-
way, and/or from the principal pedestrian right-of-way, as determined by the director, for projects
exposed to more than one right-of-way.
(3) Building facades shall incorporate a combination of facade treatment options as listed in
FWCC 22-1635(b) and 22-1635(c)(2), to a degree that is appropriate to the building size, scale, design,
and site context, and according to the following guidelines:
a. Principal facades containing a major entrance, or located along a right-of-way, or clearly
visible from a right-of-way or public sidewalk, shall incorporate a variety of pedestrian-oriented
architectural treatments, including distinctive and prominent entrance features; transparent glass such as
windows, doors, or window displays in and adjacent to major entrances; structural modulation where
appropriate to break down building bulk and scale; modulated roof lines, forms, and heights; architectural
articulation; canopies; arcades; pedestrian plazas; murals or other artwork; and streetscape amenities. At
least 40 percent of any ground level principal facade located along a right-of-way must contain
transparent glass. Landscaping shall be used to define and highlight building entrances, plazas, windows,
walkways, and open space, and may include container gardens, wall and window planters, hanging
baskets, seasonal beds, trellises, vines, espaliered trees and shrubs, and rooftop gardens. Landscaping
should not block views to the building or across the site. Foundation landscaping may be used to enhance
but not replace architectural treatments.
b. Secondary facades not containing a major building entrance, or located along a right-of-
way, or clearly visible from a right-of-way or public sidewalk, may incorporate facade treatments that are
Ordinance No. 08-
Page 87 of90
less pedestrian-oriented than in subsection (c)(3)(a) of this section, such as a combination of structural
modulation, architectural articulation, and foundation landscaping.
c. Principal facades of single-story buildings with more than 16,000 sq. ft. of gross ground
floor area shall emphasize facade treatments that reduce the overall appearance of bulk and achieve a
human scale. This may be accomplished through such design techniques as a series of distinctive entrance
modules or "storefronts" framed by projecting, offset rooflines, and/or a major pedestrian plaza adjacent
to the entrance.
(4) Pedestrian pathways shall be provided from rights-of-way, bus stops, parking areas, and any
pedestrian plazas and public on site open space to primary building entrances. Where a use fronts more
than one right-of-way, pedestrian access shall be provided from both rights-of-way, or from the right-of-
way nearest to the principal building entrance. Multiple-tenant complexes shall provide pedestrian
walkways connecting all major business entrances on the site. Pedestrian pathways shall be clearly
delineated by separate paved routes using a variation in color and texture, and shall be integrated with the
landscape plan. Principal cross-site pedestrian pathways shall have a minimum clear width of six feet in
the city center frame, and a minimum clear width of eight feet in the city center core, and shall be
protected from abutting parking and vehicular circulation areas with landscaping.
(5) Drive-through facilities and stacking lanes shall not be located along, or in conjunction with, a
building facade that faces or is clearly visible from a right-of-way, public sidewalk, or pedestrian plaza.
Such facilities shall be located along other, secondary facades, as determined by the director, and shall
meet the separation, screening, and design standards listed in FWCC 22-1 634(g)(2)(b ), ( c), and (d).
(6) Above-grade parking structures with a ground level facade visible from a right-of-way shall
incorporate any combination of the following elements at the ground level:
a. Retail, commercial, or office uses that occupy at least 50 percent of the building's lineal
frontage along the right-of-way; or
b. A 15-foot-wide strip of Type III landscaping along the base of the facade; or
c. A decorative grille or screen that conceals interior parking areas from the right-of-way.
(7) Facades of parking structures shall be articulated above the ground level pursuant to FWCC
22-1635( c)(1).
(8) When curtain wall glass and steel systems are used to enclose a building, the glazing panels
shall be transparent on 50 percent of the ground floor facade fronting a right-of-way or pedestrian area.
(9) Chain-link fences shall not be allowed. Barbed or razor wire shall not be used.
(10) For residential uses, subsections (a)(6) through (a)(9), (a)(ll), (a)(12), (a)(14), (a)(16), and
(a)(17) of this section shall apply.
(d) For all residential zones.
(1) Nonresidential uses. Subsections (a)(5) through (a)(10) and (a)(13) through (a)(17) of this
section shall apply.
(2) Non-single-family residential uses except for zero lot line townhouse residential uses and
attached dwelling units. Subsections (a)(5) through (a)(17) ofthis section shall apply.
(3) Zero lot line townhouse residential uses and attached dwelling units. Subsections (a)(9),
(a)(11) through (a)(14), and (a)(17) of this section shall apply. (Ord. No. 96-271, S 3, 7-2-96; Ord. No. 99-
333, S 3, 1-19-99; Ord. No. 00-382, S 3, 1-16-01; Ord. No. 03-443, S 3, 5-20-03; Ord. No. 05-506, S 3, 10-18-05;
Ord. No. 06-515, S 3, 2-7-06; Ord. No. 07-554, S 5(Exh. A(l5)), 5-15-07; Ord. No. 07-559, S 3(Exh. A), 7-3-07)
SECTION 37. Chapter 22, Article XIX, Section 22-1640, of the Federal Way City Code shall be
amended to read as follows:
22-1640 Design criteria for public on site open space.
Ordinance No. 08-
Page 88 of90
The following guidelines apply to public on site open space that is developed pursuant to Article XI,
Division 8, of this chapter. All public epen space proposed under this section shall meet the definition of
public on site open space as set forth in this article and all of the following criteria:
(1) The total minimum amount of public epen space that shall be provided in exchange for bonus
height is equal to 2.5 percent of the "bonus" floor area, in gross square feet; provided, that the total public
epen space area shall not be less than 500 square feet.
(2) The public epen space may be arranged in more than one piece if appropriate to the site context,
as determined by the director.
(3) The public epen space shall abut on, or be clearly visible and accessible from, a public right-of-
way or pedestrian pathway.
(4) The public epen space shall be bordered on at least one side by, or be readily accessible from,
structure(s) with entries to retail, office, housing, civic/public uses, or another public epen space.
(5) The open space shall not be located on asphalt or gravel pavement, or be adjacent to un screened
parking lots, chain-link fences, or on-site blank walls, and may not be used for parking, loading, or
vehicular access.
(6) The open space shall be sufficiently designed and appointed to serve as a major focal point and
public gathering place. It shall include a significant number of pedestrian-oriented features, furnishings,
and amenities typically found in plazas and streetscapes, and as defined in this article, such as seating or
sitting walls, lighting, weather protection, special paving, landscaping, trash receptacles, and bicycle
racks. In addition, the open space(s) should provide one or more significant visual or functional amenity
such as a water feature, artwork, or public restroom, and should allow for active uses such as vending,
farmers' markets, live performing arts space, and art shows. (Ord. No. 96-271, S 3, 7-2-96; Ord. No. 99-
333, S 3,1-19-99; Ord. No. 00-382, S 3,1-16-01; Ord. No. 03-443, S 3,5-20-03; Ord. No. 06-515, S 3,2-
7-06; Ord. No. 07-554, S 5(Exh. A(l5)), 5-15-07)
SECTION 38. Severability. Should any section, subsection, paragraph, sentence, clause, or phrase of
this chapter, or its application to any person or situation, be declared unconstitutional or invalid for any
reason, such decision shall not affect the validity of the remaining portions of this chapter or its
application to any other person or situation. The City Council of the City of Federal Way hereby declares
that it would have adopted this chapter and each section, subsection, sentence, clauses, phrase, or portion
thereof, irrespective of the fact that anyone or more sections, subsections, sentences, clauses, phrases, or
portions be declared invalid or unconstitutional.
SECTION 39. Concurrent Legislation. Currently pending ordinances or resolutions may amend the
same sections as does this one; changes made in this ordinance are intended to be in addition to any
changes made by any other ordinance or resolution, this ordinance is not intended to repeal, reenact, or
modify portions of the section that are enacted, repealed, or modified by any other ordinance or
resolution.
Ordinance No. 08-
Page 89 0/90
SECTION 40. Corrections. The City Clerk and the codifiers of this ordinance are authorized to make
necessary corrections to this ordinance including, but no limited to, the correction of scrivener/clerical
errors, references, ordinance numbering, section/subsection numbers and any references thereto.
SECTION 41. Ratification. Any act consistent with the authority and prior to the effective date of this
ordinance is hereby ratified and affirmed.
SECTION 42. Effective Date. This ordinance shall take effect and be in force thirty (30) days from
and after its passage and publication, as provided by law.
PASSED by the City Council of the City of Federal Way this
day of
,2008.
CITY OF FEDERAL WAY
MAYOR, JACK DOVEY
ATTEST:
CITY CLERK, CAROL MCNEILLY, CMC
APPROVED AS TO FORM:
CITY ATTORNEY, PATRICIA A. RICHARDSON
FILED WITH THE CITY CLERK: 11-20-2008
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.: 08-
Ordinance No. 08- Page 90 of90
.~.~.~~.~~I:...~~.~.!!~~_~~!!~__~~,:~_~~~~~!_~_n_~_2_~~~~~~_..~_~m'200~__._________~!~_~.~:: 7,xf..
CITY OF FEDERA~AY
CITY COUNCIL
AGENDA BILL
6~
SUBJECT: An Ordinance Addressing Land Use Processes In The Federal Way City Code
POLICY QUESTION: SHOULD THE CITY COUNCIL PASS AN ORDINANCE ADDRESSING LAND USE PROCESSES
IN THE FEDERAL WAY CITY CODE?
COMMITTEE: Land Use/Transportation Committee
MEETING DATE: Nov. 17th, 2008
CATEGORY:
D Consent
D City Council Business
t8J Ordinance
o Resolution
D
D
Public Hearing
Other
~_!~!:!,_~!O~!_~Y: ~2!'!_~~~.~?- DEPUT.Y.9T~.A TT9RNE~______l!.~PT: Law
Staff is finalizing the reorganization of the Federal Way City Code into the Federal Way Revised Code. During
the process Staff has discovered a number issues relating to land use processes including opportunities to
eliminate redundant sections in land use decision processes, consolidate sections, make language consistent,
clarifY language, delete hearing examiner provisions in process III and redirect to process IV provisions, limit
interpretations to future land use decisions, clarifY process VI, increase time to consider proposals to 90 days, and
make it consistent with state law. Concurrently with this ordinance staff will present a resolution on the re-
codification of the Code. These will be presented to planning commission and each Council Committee.
Attachments: Staff report, Ordinance.
Options Considered: 1. Recommend approval of the Ordinance and forward to the full Council on
December 2nd.
2. ModifY the proposed Ordinance and forward to the full council for first reading.
3. Do not approve the proposed Ordinance.
STAFF RECOMMENDATION: Approve Option L
CITY MANAGER APPROVAL: (;;:}i2 4J
Co ee ~
DIRECTOR APPROVAL: l-ML
Committee
PA\l.
Council
COMMITTEE RECOMMENDATION:
B<CLLse~
Committee Chair
f1:,;/dd--
Committee Member
PROPOSED COUNCIL MOTION: "I move to forward the ordinance to a second reading for enactment on the
January (/h consent agenda".
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
o APPROVED
o DENIED
o TABLEDIDEFERRED/NO ACTION
ps.: MOVED TO SECOND READING (ordinances only)
REVISED - 0210612006
COUNCIL BILL #
1ST reading
Enactment re~ding
ORDINANCE #
RESOLUTION #
\ t- U'.tzi>>t
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, RELATING TO LAND USE PROCESSES, ADDING
SECTIONS, AMENDING SECTIONS, AND REPEALING SECTIONS IN
CHAPTERS 5, 14, 15, 18, 19, AND 22 OF THE FEDERAL WAY CITY CODE.
WHEREAS, the City of Federal Way is in the process of re-codifying and reorganizing the Federal
Way City Code (FWCC) into the Federal Way Revised Code (FWRC) and through this process has found
redundant sections and language as well as unclear sections, inaccurate sections, and other sections that
could be revised for better readability and workability; and land use process regulations can be simplified
and consolidated;
WHEREAS, certain Code provisions need to be modified to coordinate with state anq county law
requirements in areas of land use processes;
WHEREAS, none of the changes to the FWCC contained in this ordinance are intended to change
numbering or formatting changes that occur pursuant to the reorganization of the Code and;
WHEREAS, the City Council of the City of Federal Way finds it in the best interest of the City to
update its code, and amending these sections bears a substantial relation to public health, safety, or
welfare of the people of Federal Way; is consistent with the applicable provisions of the comprehensive
plan; and is in the best interest of the residents of the city;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, DO ORDAIN AS FOLLOWS:
SECTION 1. Chapter 5, Article I, Section 5-6, of the Federal Way City Code shall be amended to
read as follows:
5-6 Appeals.
Any appeals of any decision rendered pursuant to this chapter, except decisions pertammg to
enforcement of this chapter, shall be made to a hearing examiner appointed by the city. Procedural rules
concerning appeals shall be as provided in process Hl-IV of Chapter 22 FWCC, Zoning. (Ord. No. 92-
127, S 11,2-4-92; Ord. No. 95-234, S 1,6-6-95; Ord. No. 98-320, S 3,9-15-98; Ord. No. 99-342, S 6,5-
4-99)
Ordinance No
Page 1 of 68
SECTION 2. Chapter 5, Article II, Section 5-41, of the Federal Way City Code is hereby repealed as
follows:
5 41 ,A~ppeals.
;\ppeals made from any ruling under this article, except rulings or decisions pertaInIng to
enforccment of this article, shall be pursuant to FWCC ti. (Ord. No. 90 33, ~ 66,2 13 90; Ord. No. 92
127, S 1,2 1 92; Ord. No. 95 231, S 1,6 6 95; Ord. No. 98 320, ~ 5,9 15 98; Ord. No. 99 342, S 6, 5 1
99j
SECTION 3. Chapter 5, Article V, Section 5-91, of the Federal Way City Code is hereby repealed as
follows:
5 91 ,A..ppeals.
,^.ppeals made from any ruling under this articlc, except rulings or decisions pertaInmg to
cnforccment of this article, shall be pursuant to F'NCC ti. (Ord. No. 95 231, S 1, 6 6 95; Ord. No. 9&
320, S 8,9 15 98; Ord. No. 99 312, S 6,5 1 99)
SECTION 4. Chapter 5, Article VI, Section 5-143, of the Federal Way City Code is hereby repealed
as follows:
5-143 Appeals.
,^.ppeals made from any ruling under this article, except rulings or decisions pertaInmg to
enforcement of this article, shall be pursuant to F\VCC ti. (Ord. 1'40.92 127, S 12,2 1 92; Ord. No. 95
231, S 1,6 6 95; Ord. No. 98 320, ~ 9,9 15 9&; Ord. No. 99 312, ~ 6,5 1 99)
SECTION 5. Chapter 5, Article VII, Section 5-167, of the Federal Way City Code is hereby repealed
as follows:
5-167 Appeals.
,^.ppcals madc from any ruling under this article, except rulings or decisions pertaInIng to
cnforcemcnt of this article or any of the codes adopted hereunder, shall he pursuant to F\VCC ti. (Ord.
No. 98 320, S 10,9 15 98; Ord. No. 99 312, ~ 6,5 4 99)
SECTION 6. Chapter 5, Article VIII, Section 5-220, of the Federal Way City Code shall be amended
to read as follows:
5-220 Satisfactory alternate.
Notwithstanding any precise requirements of this article, the building official may approve alternate
methods of protection and construction and maintenance of swimming pools, provided such alternate
methods meet the same essential surety requirements of this article, and it can be demonstrated that such
alternate methods are better suited because of peculiar or unusual circumstances and that it is not practical
to meet the precise requirements of this article. Any person who seeks to obtain approval of any such
alternate and who is denied approval by the building official may appeal pursuant to FWCC 5-6. fli.s--eF
her decision to n hearing examiner appointed by the city for such purpose by filing a notice of appeal with
Ordinance No
Page 2 of 68
the city clerk stating the grounds for the appeal and requesting a hearing to review the decision by the
building official. The procedure for such appeal shall be as provided in process I of Chapter II FWCC,
Zoning. (Ord. No. 90-56, S 6, 5-1-90; Ord. No. 95-234, S 1, 6-6-95)
SECTION 7. Chapter 5, Article VIII, Section 5-226, of the Federal Way City Code is hereby repealed
as follows:
5 226 ,A1ppeals.
,^.ppeals made from any ruling under this article, exccpt rulings or decisions pertammg to
enforcement of this article, shall be pursuant to F'NCC ti. (Ord. No. 92 127, ~ 9,2 1 92; Ord. No. 95
234, ~ 1,6695; Ord. No. 99 312, ~ 6,5 1 99)
SECTION 8. Chapter 5, Article IX, Section 5-259, of the Federal Way City Code is hereby repealed
as follows:
5 259 f~ppeal proeess.
/\ny appeals of any decision rendered pursuant to this article shall be made to a hearing examiner
appointed by the city. Procedural rules concerning appeals shall be as pro'.ided in process I of Chapter II
FWCC, Zoning. (Ord. No. 95 231, ~ 1,6 6 95)
SECTION 9. Chapter 14, Article IV, Section 14-137, of the Federal Way City Code shall be amended
to read as follows:
14-137 Appeal to hearing examiner.
Any taxpayer aggrieved by the amount of the fee or tax determined by the director to be due under the
provisions of this chapter may appeal such determination to the city hearing examiner as provided in
process IV of Chapter 22 FWCc. Zoning. in accordance with, and subject to the procedures set forth in,
F'.VCC 22 431 through 22 160 pursuant to Process II /\ppeal Procedures. Pending a hearing, a taxpayer
may withhold the fee or tax determined by the director. If the tax or fee is withheld, the taxpayer shall pay
such amount to the city with interest from the date the amount was withheld. The director shall
periodically set the applicable interest rate for withholding. (Ord. No. 02-432, S 1, 11-19-02)
SECTION 10. Chapter 14, Article V, Section 14-186, of the Federal Way City Code shall be
amended to read as follows:
14-186 Appeal to hearing examiner.
Any taxpayer aggrieved by the amount of the fee or tax determined by the designated official to be
due under the provisions of this chapter may appeal such determination to the city hearing examiner as
provided in process IV of Chapter 22 FWCc. Zoning. in accordance with, and subject to the procedurcs
set forth in, FWCC 22 131 through 22 160 pursuant to process II appeal procedures. Pending a hearing, a
taxpayer may withhold the fee or tax determined by the designated official. If the tax or fee is withheld,
the taxpayer shall pay such amount to the city with interest from the date the amount was withheld. The
designated official shall periodically set the applicable interest rate for withholding. (Ord. No. 95-257, S
1, 12-19-95; Ord. No. 96-262, S 1, 2-20-96)
Ordinance No
Page 3 of 68
SECTION 11. Chapter 14, Article VII, Section 14-238, of the Federal Way City Code shall be
amended to read as follows:
14-238 Extension of conditional certificate- Required findings - Denial - Appeal.
(a) The conditional certificate may be extended by the director for a period not to exceed 24
consecutive months. The owner shall submit a written request stating the grounds for the extension
together with a fee of $150.00 for the city's administrative cost to process the request. The director may
grant an extension if the director finds that:
(1) The anticipated failure to complete construction within the required time period is due to
circumstances beyond the control of the owner; and
(2) The owner has been acting, and could reasonably be expected to continue to act, in good faith
and with due diligence; and
(3) All the conditions of the original contract between the owner and the city will be satisfied
upon completion of the project.
(b) If an extension is denied, the director shall state in writing the reason for denial and shall send
notice to the owner's last known address within 10 calendar days of the denial. An owner may appeal the
denial of an extension to the hearing examiner as provided in process IV of Chapter 22 FWCC, Zoning.
by filing a notice of appeal with the city clerk within 11 calendar days after issuance of the notice of the
denial. The appeal before the hearing examiner shall follo'.v the pro','isions of FWCC 22 397 through R
1QQ. The hearing examiner's decision shall be the final decision of the city, and is not subject to further
appeal. (Ord. No. 03-438, S 2, 2-18-03)
SECTION 12. Chapter 14, Article VII, Section 14-239, of the Federal Way City Code shall be
amended to read as follows:
14-239 Final certificate- Application - Issuance - Denial - Appeal.
(a) Upon completion of the construction as provided in the contract between the owner and the city,
and upon issuance of a temporary certificate of occupancy, or a permanent certificate of occupancy if no
temporary certificate is issued, the owner may request a final certificate of tax exemption. The owner
shall file with the director such information as the director may deem necessary or useful to evaluate
eligibility for the final certificate, which shall at a minimum include:
(I) A statement of expenditures made with respect to each multifamily housing unit and the total
expenditures made with respect to the entire property;
(2) A description of the completed work and a statement of qualification for the exemption;
(3) A statement that the work was completed within the required three-year period or any
approved extension.
(b) At the time of application for final certificate under this section, the owner shall pay to the city a
fee of $50.00 to cover the city's administrative costs.
(c) Within thirty days of receipt of all materials required for a final certificate, the director shall
determine whether the completed work is consistent with the contract between the city and owner,
whether all or a portion of the completed work is qualified for exemption under this article and, if so,
which specific improvements satisfy the requirements ofthis article.
(d) If the director determines that the project has been completed in accordance with the contract
between the owner and the city and the requirements of this article, the city shall file a final certificate of
tax exemption with the assessor within 10 days of the expiration of the 30-day period provided under
subsection (c) of this section.
( e) The director is authorized to cause to be recorded, or to require the owner to record, in the real
property records of the King County department of records and elections, the contract with the city
Ordinance No
Page 4 of 68
required under FWCC 14-236, or such other document(s) as will identify such terms and conditions of
eligibility for exemption under this article as the director deems appropriate for recording.
(f) The director shall notify the owner in writing that the city will not file a final certificate if the
director determines that the project was not completed within the required three-year period or any
approved extension, or was not completed in accordance with the contract between the owner and the city
and the requirements of this article, or the owner's property is otherwise not qualified for the limited
exemption under this article.
(g) The owner may appeal the director's decision to the hearing examiner as provided in process IV
of Chapter 22 FWCc. Zoning. by filing a notice of appeal v/ith the city clerk \vithin 11 calendar days
after issuance of the notice of the denial. The appeal before the hearing examiner shall follow the
pro','isions for appeal contained in FWCC 22 397 through 22 106. The owner may appeal the hearing
examiner's decision to the King County superior court according to the procedures contained in RCW
34.05.510 through 34.05.598, as provided in RCW 84.14.090(6), within 30 days of notification by the city
to the owner of the decision. (Ord. No. 03-438, S 2, 2-18-03)
SECTION 13. Chapter 14, Article VII, Section 14-241, of the Federal Way City Code shall be
amended to read as follows:
14-241 Cancellation oftax exemption- Appeal.
(a) If at any time the director determines that the property no longer complies with the terms of the
contract or with the requirements of this article, or the use of the property is changed or will be changed
to a use that is other than residential, or the property for any reason no longer qualifies for the tax
exemption, the tax exemption shall be canceled and additional taxes, interest and penalties imposed
pursuant to state law.
(b) If the owner intends to convert the multifamily housing to another use, the owner must notify the
director and the King County assessor within 60 days of the change in use. Upon such change in use, the
tax exemption shall be canceled and additional taxes, interest and penalties imposed pursuant to state law.
(c) Upon determining that a tax exemption shall be canceled, the director shall notify the property
owner by certified mail, return receipt requested. The property owner may appeal the determination as
provided in process IV of Chapter 22 FWCc. Zoning. by filing a notice of appeal with the city clerk,
within 30 days after issuance of the decision by the director, specifying the factual and legal basis for the
appeal. The appeal before thc hearing examiner shall follow the procedures set forth in FWCC 22 397
through 2..L.1Q.Q. At the appeal hearing, all affected parties may be heard and all competent e'lidence
received. The hearing exmniner shall affirm, modify, or repeal the decision to cancel the exemption based
on the c'lidence received. The hearing examiner shall give substantial weight to the director's decision to
cancel the exemption, and the burden of proof and the burden of overcoming the weight accorded to the
director's decision shall be upon the appellant. "^.n aggrieved party may appeal the hearing examiner's
decision to the King County superior court in accordance with the procedures in RCW 34.05.510 through
31.05.598, as provided in RCW 81.11.110(2), within 30 days after issuance of the decision of the hearing
examiner. (Ord. No. 03-438, S 2, 2-18-03)
SECTION 14. Chapter 15, Article VII, Section 15-212, of the Federal Way City Code shall be
amended to read as follows:
15-212 Appeals of administrative decisions.
W Appeal of final decisions. Employers may file a written appeal of the city's final decisions
regarding the following actions:
(1) Rejection of an employer's proposed program.
Ordinance No Page 5 of 68
(2) Denial of an employer's request for an exemption or modification of any of the requirements
under this article or a modification of the employer's program.
(3) Denial of credits requested under FWCC 15-210.
Such appeals shall be conducted as provided for in process IV of Chapter 22 FWCC. Zoning. must be
filed v,'ith the city within 20 days after the employer receives notice of a final decision. All appeals will be
filed and heard by the city's hearing examiner and decided pursuant to the provisions of Chapter n
F'HCC, Zoning, ,^Jiiele VI, Process 1. The hearing examiner shall determine whether or not the appealed
decision was consistent with RCW 70.94. (Ord. No. 93-164, 9 1 (18.30.120), 1-19-93)
SECTION 15. Chapter 18, Article II, Section 18-51, of the Federal Way City Code shall be amended
to read as follows:
18-51 Administrative appeals.
(a1) Any interested party may appeal to the hearing examiner a threshold determination, er-the f!
determination of the adequacy of a final environmental impact statement~ and the conditioning or denial
of an action. No more than one appeal may occur regarding threshold determinations or final
environmental impact statements and the appeal shall consolidate any appeals of procedural and
substantive determinations under SEP A with any hearing or appeal on the underlying action in a single
simultaneous hearing before one hearing officer. except that appeals of a determination of significance;
appeals of a procedural determination made by an agency when the agency is the proiect proponent. or is
funding the proiect appeals of a procedural determination made by an agency on a nonproiect action;
and appeals to the city council. The appeal shall be conducted under the provisions of process IV, FWCC
2L1ll et seq.; provided, that the notice distribution requirements ofF'HCC 22 '136(b)(2) process IV shall
be replaced with the notice distribution requirements of FWCC 18-49.
(92) Appeals are subiect to procedures shall be conducted under the provisions of WAC 197-11-
680(3), and. Appeals are subject to the restrictions in RCW 36.70B.050 and 36.70B.060 that local
governments provide no more than one open record hearing and one closed record appeal for permit
decisions.
(62) All appeals filed under this section must be filed in writing with the city clerk within 14 calendar
days of the date of the decision appealed or the conclusion of the comment period or completion of the
giving of required notices, whichever is longer, provided that appeals of determinations of non-
significance for which public comment is required are extended seven additional days. All appeals shall
contain a specific statement of reasons why the decision of the responsible official is alleged to be in
error.
(d) ,^Jl relevant evidence shall be received during the appeal and the decision shall be made de novo.
The determination by the city's responsible official shall carry substantial weight in any appeal
proceeding.
( e) The decision of the hearing examiner on an appeal filed under this section shall be final.
(f) ,^.ppeals of the hearing examiner's final decision shall first be to the city council as provided in
process IV, FWCC 2L1ll et seq.
(g) For any appeal under this section, thc city shall provide for a record that shall consist of the
following:
(1) Findings and conclusions;
(2) Testimony under oath; and
(3) ,^. taped or written transcript.
(h) Upon filing an appeal to the city councilor a judicial appeal, any certified copies or written
transcripts required for such shall be prepared by the city at the expense of the appellant, subject to
possible reimbursement of transcript preparation costs as provided in FWCC n....1.1Q. (Ord. No. 90-40, 9
Ordinance No
Page 6 of 68
1 (20.240.1 0 - 20.240.70), 2-27-90; Ord. No. 92-133, S 4, 4-21-92; Ord. No. 93-185, S 1, 8-17-93; Ord.
No. 97-291, S 3,4-1-97; Ord. No. 04-468, S 3,11-16-04)
SECTION 16. Chapter 19, Article IV, Section 19-166, of the Federal Way City Code shall be
amended to read as follows:
19-166 Appeals.
The concurrency determination of the director may be appealed by the applicant or owner using the
same process as the underlying development permit application or as provided for in process IV of
Chapter 22 FWCC. Zoning process I of Chapter 21 FWCC if there is no underlying development permit,
substituting the dircctor of public works for the director of community dcvelopment. The appeal, in the
form of a lettef notice of appeal, must be delivered to the department of public works within 14 calendar
days after issuance of the decision of the director. In those cases where the proposed development activity
may require a public hearing under the authority of other chapters of this code, the hearings may be
combined. For example, if the underlying development permit applieation is a preliminary plat, the appcal
shall be hcard at the preliminary pInt public hearing. (Ord. No. 06-525, S 1 (Exh. A), 6-6-06)
SECTION 17. A new section is added to Chapter 22, Article II, of the Federal Way City Code to read
as follows:
22-32.5 Applications for decision processes.
(1) Who may apply. Any person, personally or through an agent, may make application for a process
I. II. III. IV. or V land use decision.
(2) How to apply. The applicant shall file a completed master land use application. Accompanying the
application shall be a written description of the decision requested with a response to the decisional
criteria as set forth for any particular use, activity, or decision; all information or material that is specified
in the provision that describes the decision applied for; and all materials and information noted in FWCC
22-33 that is required by the director.
(3) Fee. With the application. the applicant shall submit the fee established by the city. The
application shall not be accepted unless it is accompanied by the required fee.
(4) Director authority. The director may modify the submittal requirements as deemed appropriate.
including requiring any additional forms and any additional information or material that the director
determines is reasonably necessary for a decision on the matter.
SECTION 18. Chapter 22, Article II, Section 22-33, of the Federal Way City Code shall be amended
to read as follows:
22-33 Development application submittal requirements.
(a) Generally. All projects which require a determination to be made as to whether a complete
application has been submitted must at the minimum provide the information contained within this
section. The submittal requirements are not intended to determine if an application conforms to e.city of
Federal Way codes. They are used only to determine if all required materials have been submitted. A
code-related review will occur after a complete application has been submitted. The director may waive
any sections determined to be not reasonably necessary.
(b) Contents. The following comprise the contents of a complete application for the purposes of this
section:
(1) Master land use application.
Ordinance No
Page 7 of 68
(2) Application fees as set out in the adopted fee ordinance.
(3) Copy of underlying plat or King County assessor's parcel map.
(4) Statement of architectural design intent, finish materials, and colors sufficient to meet the
intent of Article XIX, Community Design Guidelines.
(5) Vicinity map showing the subiect property with enough information to locate the property
within the larger area.
(6) Current letters of water and sewer availability (only required for vacant property).
(7) Two copies of current title report for subject property.
(8) Eight complete and bound sets of drawings. Minimum drawing set shall include a topographic
survey, site plan, preliminary drainage and grading plan, preliminary landscape plan, and building
elevations. All submitted plans should be folded to 8-1/2 by 11. Maximum plan sheet size shall be 24-by-
36 inch. Further reductions may be requested for public hearing purposes. A list containing detailed
requirements for the contents of each of these plans is available at the department of community
development services.
a. All plans must be drawn at an engineering scale with the entire site plan to fit on one sheet
and allow all information to be readable. All plans except building elevation drawings must be at the same
scale.
b. Design drawings for building permits, including civil drawings, must be at an engineering
scale of one inch represents 20 feet.
c. If the development proposal has a value of $75,000 or greater, the site survey, site plan,
preliminary drainage, grading, right-of-way plans, and building elevation plans shall be prepared by a
certified professional licensed in the state of Washington. The survey shall be prepared by a certified land
surveyor; and the site plan, drainage, grading, right-of-way plans, and building elevations by a certified
architect or engineer. Regardless of the value of the development, landscape plans must be prepared by a
Washington State licensed landscape architect.
(9) Site photographs from each compass point (north, east, south, and west) must be referenced
on the site plan.
(10) Eight copies of the completed, signed, and dated SEP A checklist.
(11) List of addresses of all property owners within 300 feet of the boundary of the proposed
project (please refer to the city's bulletin titled "Proccdures for Obtaining Mailing Labels").
(12) At least one set of stamped Stamped envelopes addressed to all property owners within 300
feet of the boundary of the proposed project, with address labels obtained from the county within the prior
six months, with return address of the City of Federal Way"-, Department of Community Developmcnt
Services, 33530 First Way South, Federal 'Nay, \"1,\ 98003 (please refer to specific process, whether
process III, IV, or V for the number of sets of enyelopes to be provided). An additional set is required for
process IV or V applications. and an additional set is required if compliance with the State Environmental
Policy Act is required.
(13) A copy of the county assessor's map identifying the properties specified in subsection (11)
of this section.
(B1) Four copies of each special study that may be required (please contact the department ef
community development services to determine which studies are required for a specific project). Below
are special studies that may be necessary with the site plan application. If special studies are required,
please provide four copies.
a. Level one downstream storm drainage analysis as described in the 1990 King County
Surface Water Design Manual (KCSWDM) as amended by Federal Way.
b. Detailed narrative on the relevance of the core and special requirements of the 1990
KCSWDM.
c. Traffic impact analysis.
d. Parking study.
e. Soil study.
Ordinance No
Page 8 of 68
f. Geotechnical study.
g. Wetland delineation and/or wetland mitigation plan.
h. Stream delineation.
i. Significant tree inventory and retention plan.
(142) Any additional information or material that the director of community development
services determines is reasonably necessary for a decision on the matter. (Ord. No. 97-291, ~ 3,4-1-97)
SECTION 19. A new section is added to Chapter 22, Article II, of the Federal Way City Code to read
as follows:
22-33.5 Completeness of applications.
(1) Within 28 calendar days of receiving an application. the city shall determine whether the
application is complete. with reference to FWCC 22-33. Prior to the 28-day deadline. a letter of
completeness shall be issued if the city deems the application to be complete. or, if the city determines the
application to be incomplete, the city shall notify the applicant of what needs to be submitted for a
complete application. In this written determination, the city shall also identify. to the extent known to the
city, the other agencies of local. state. or federal government that may have iurisdiction over some aspect
of the proposed development activity. An application may be deemed complete under this section even if
the city does not provide a written determination to the applicant as required.
(2) If an application was found incomplete and an applicant submits additional information. the city
shall notify the applicant within 14 days whether the application is complete or whether further additional
information is necessary.
(3) Additional information. A determination of completeness shall not preclude the city from
requesting additional information or studies, either at the time of the letter of completeness or
subsequently. if new information is required or if there are substantial changes in the proposed action.
SECTION 20. A new section is added to Chapter 22, Article II, of the Federal Way City Code to read
as follows:
22-36 Authoritv not affected.
Nothing in the decision processes in any way limits the authority of the City, including but not limited
to the authority to condition or deny proposals. through any other provision of the Code or other law.
SECTION 21. A new section is added to Chapter 22, Article II, of the Federal Way City Code to read
as follows:
22-37 Responsibility of applicant and owner.
Regardless of any review. approval. inspection. or other actions of the city, it is the responsibility of
an applicant and any owner to insure that all work, actions, or conditions on the subiect property comply
with this chapter, any permits or approvals granted under this chapter. and all other applicable laws or
permits.
SECTION 22. A new section is added to Chapter 22, Article II, of the Federal Way City Code to read
as follows:
22-38 Complete compliance reQuired.
Ordinance No
Page 9 of 68
(1) Generally. Except as specified in subsection (b) of this section, an applicant must comply with all
aspects, including conditions and restrictions, of an approval granted under this chapter in order to do
everything authorized by that approval.
(2) Exception. subsequent modification. If a specific use or site configuration for the subiect property
was approved under this chapter or any quasi-iudicial process under a previous zoning code. the applicant
is not required to apply for and obtain approval through this chapter for a subsequent change in use or site
configuration unless:
(a) There is a change in use and this chapter establishes different or more rigorous standards for
the new use than for the existing use; or
(b) The director determines that there will be substantial changes in the impacts on the
neighborhood or the city as a result of the change.
SECTION 23. A new section is added to Chapter 22, Article II, of the Federal Way City Code to read
as follows:
22-39 Lapse of approval- Generally.
An applicant must begin construction or submit to the city a complete building permit application for
the development activity, use of land or other actions within one year after the final decision approving
the matter, or the decision becomes void. The applicant must substantially complete construction for the
development activity. use of land. or other actions approved and complete the applicable conditions listed
in the decision within five years after the final decision of the city on the matter. or the decision becomes
void. If a land use petition is filed under Chapter 36.70C RCW in King County superior court. the time
limits of this section are automatically extended by the length of time between the commencement and
final termination of that litigation. If the development activity. use of land. or other actions approved
under this article includes phased construction, the time limits of this section may be extended in the
decision on the application, to allow for completion of subsequent phases.
SECTION 24. A new section is added to Chapter 22, Article II, of the Federal Way City Code to read
as follows:
22-40 Lapse of approval- Time extension.
(1) Application. Prior to the lapse of approval under FWCC 22-39, an applicant may submit a written
application in the form of a letter with supporting documentation to the department requesting a one-time
extension of those time limits of up to one year.
(2) Criteria. The request must demonstrate that the applicant is making substantial progress on the
development activity, use of land, or other actions approved under this article and that circumstances
beyond the applicant's control prevent compliance with the time limits of FWCC 22-39.
(3) Fee. The applicant shall include, with the letter of request, the fee as established by the city. The
application will not be accepted unless it is accompanied by the required fee.
(4) Review process. An application for a time extension will be reviewed and decided upon by the
director.
(5) Appeals. Any person who is aggrieved by the granting or denying of a request for a time extension
under this section may appeal that decision. The appellant must file a letter of appeal indicating how the
decision on the time extension effects the appellant's property and presenting any relevant material or
information supporting the appellant's contention. The appeal will be heard and decided upon using
process IV. Pursuant to Chapter 36.70B RCW, any time limit upon the city's processing and decision
upon applications under this chapter may, except as otherwise specifically stated in this chapter, be
modified by a written agreement between the applicant and the director.
Ordinance No
Page 10 of 68
SECTION 25. A new section is added to Chapter 22, Article II, of the Federal Way City Code
(FWRC 19.25.005) to read as follows:
22-145.5 119.25.0051 Bonds.
The city may require a bond under FWCC 22-146 et seq. rChapter 19.25] to insure compliance with
any aspect of a permit. review, or approval.
SECTION 26. Chapter 22, Article III, Section 22-216, of the Federal Way City Code shall be
amended to read as follows:
22-216 Appliellble proeess. Development re2ulation amendments.
The city will use process VI describcd in F'NCC 22 516 through 22 530 to review and decide upon a
proposal to amend the text of this chaptcr development regulations. (Ord. No. 90-43, S 2(135.10), 2-27-
90; Ord. No. 97-291, S 3,4-1-97)
SECTION 27. Chapter 22, Article IV, Section 22-236, of the Federal Way City Code shall be
amended to read as follows:
22-236 .'\ppliellble proeess. Comprehensive plan amendments.
The city will use process VI dcscribcd in FWCC 22 516 through 22 530 to review and decide upon a
proposal to amend the comprehensive plan. (Ord. No. 90-43, S 2(140.10),2-27-90; Ord. No. 97-291, S 3,
4-1-97)
SECTION 28. Chapter 22, Article III, Section 22-276, of the Federal Way City Code shall be
amended to read as follows:
22-276 .'\ppliellble proeess. Le2islative rezones
The city will use process VI dcscribed in FWCC 22 516 through 22530 to review and decide upon a
proposal fora legislative rezone. (Ord. No. 90-43, S 2(130.15),2-27-90; Ord. No. 97-291, S 3,4-1-97)
SECTION 29. Chapter 22, Article IV.A, Section 22-345, of the Federal Way City Code shall be
amended to read as follows:
22-345 Generally.
A decision by the director of community development as to the meaning, application or intent of any
development regulation or procedure in this chapter is known as an "interpretation." An interpretation
may be requested in writing by any person or may be initiated by the director of community development.
This article establishes the procedure and criteria that the city will use in deciding upon a written request
to interpret the provisions of this chapter and in issuing any other written interpretation of this chapter.
The interpretation of the provisions of a concomitant agreement will be treated as an interpretation of this
chapter. Any appeals of an interpretation by the director of community development under this article
may be appealed to the city's hearing examiner as provided for in this article. (Ord. No. 00-375, S 10, 10-
3-00)
Ordinance No
Page 11 of68
SECTION 30. Chapter 22, Article IV.A, Section 22-346, of the Federal Way City Code shall be
amended to read as follows:
22-346 Purpose.
An interpretation of the provisions of this chapter clarifies conflicting or ambiguous application.
wording, er-the scope, or intent of the provisions of this chapter. An interpretation of the provisions of
this chapter may not be used to amend this chapter. (Ord. No. 00-375, ~ 10, 10-3-00)
SECTION 31. Chapter 22, Article IV.A, Section 22-347, of the Federal Way City Code shall be
amended to read as follows:
22-347 Applications.
(a) Who may apply. Any person, personally or through an agent, may make application for an
interpretation.
(b) How to apply. The applicant shall file a completed master land use application along with a
written description which at a minimum clearly states:
(1) The interpretation requested;
(2) The applicable Federal Way City Code section(s) which the applicant requests the director to
interpret; and
(3) Relevant information and arguments which support the requested interpretation.
(c) Fee. With the application, the applicant shall submit the fee established by the city. The
application shall not be accepted unless it is accompanied by the required fee.
(d) Director authority. The director of community development services may modify the submittal
requirements as deemed appropriate.
(e) Routing of application. An application for an interpretation shall be routed to the director ef
community development services. The director may route for comment an application for an
interpretation to other staff members or departments. (Ord. No. 00-375, ~ 10, 10-3-00; Ord. No. 01-399, ~
3,8-7-01)
SECTION 32. Chapter 22, Article IV.A, Section 22-348, of the Federal Way City Code shall be
amended to read as follows:
22-348 Interpretations.
The director of community development services may, acting on his or her own initiative or in
response to a written application inquiry, in the format outlined in FWCC 22 317, issue interpretations of
any of the provisions of this chapter.
(1) Applicability. A code interpretation requested by a person other than the project proponent or
property ovmer must be requested prior to the date of expiration of any applicable administrative appeal
period for a land use decision on the application to which the request relates. Any code interpretation
requested after the applicable administrati'le appeal period a land use decision shall not affect an issued
permit or decision.
(2) Criteria. The director shall base an interpretation on:
(a} The defined or the common meaning, as applicable, of the words in the provision;
(b}~ The general purpose of the provision as expressed in the provision; and
(c} The logical or likely meaning of the provision viewed in relation to the comprehensive
plan, this chapter, the Federal Way City Code as a whole, or other plans and studies prepared or adopted
by the city.
Ordinance No
Page 12 of68
(3) Timing. The director of community development shall issue an interpretation mail a written
response to ilny person filing a written requcst to interprct the provisions of this chapter within 28 days of
having received that .iLrequest, unless otherwise agreed by the director and the requestor.
(4) Effect. An interpretation of this chapter will be enforced as if it is part of this chapter.
(5) Interpretation file and availability. The director of community development shall maintain an
interpretation file that contains all interpretations of this chapter that are in effect. The interpretation file
shall be available for public inspection and copying in the department of community development
services during regular business hours.
(6) Time limitation. An interpretation of the provisions of this chapter remains in effect until
rescinded in writing by the director of community development or until the subject text of this chapter has
been amended consistent with FWCC 22 216. (Ord. No. 00-375, * 10,10-3-00; Ord. No. 01-399, * 3, 8-7-01)
SECTION 33. Chapter 22, Article IV.A, Section 22-349, of the Federal Way City Code shall be
amended to read as follows:
22-349 Notice.
(aD Applicability. Interpretations issued by the director of community development that are related to
a land use or subdivision application shall be incorporated into the director's decision on the application
and be subject to applicable notice provisions for the decision. Interpretations issued by the director of
community development that are not related to a land use or subdivision application shall be subject to the
notice provisions under this section.
(b2) Contents. The director of community development shall prepare a notice of each interpretation
that is not related to a land use or subdivision application, containing the following information:
(-l-g) The citation, if any, of the provision(s) of the Federal Way City Code that is the subject of
the interpretation along with a brief description of the subject provision(s).
(;!b) A summary statement of the interpretation of the affected provision.
(~f) The date of the interpretation.
(4g) A statement of the availability of the official file.
(~~) A summary of the rights, as established in this article, of any person to submit an appeal of
the interpretation.
(61) The deadline for filing appeals of the interpretation.
(e.3.) Distribution. Upon issuance of the interpretation, the director of community development shall
distribute this notice of the interpretation as follows:
(-l-g) A copy of the notice of the interpretation shall be published in the official newspaper of the
city.
(;!b) A copy of the notice will be posted on each of the official notification boards of the city and
public libraries located within the city.
(c) A copy of the notice will be mailed to the person who filed the written request. (Ord.No. 00-
375, S 10, 10-3-00)
SECTION 34. Chapter 22, Article IV.A, Section 22-350, of the Federal Way City Code shall be
amended to read as follows:
22-350 Appeals.
(aD Any person who is aggrieved by an interpretation issued by the director of community
dcvclopmcnt scrviccs may appeal that interpretation 'within 11 days of the date of interpretation.
(b2) A written notice of appeal must be delivered to the department of community development
services within 14 calendar days after issuance of the decision of the director. The appellant must file a
Ordinance No
Page 13 0(68
letter notice of appeal indicating must indicate how the interpretation affects the appellant his or her
property and presenting any relevant arguments or information on the correctness of the interpretation.
The notice of appeal must be accompanied by cash or a check. payable to the city of Federal Way. in the
amount of the fee as established by the city. The applicant shall include appeals fees as established by the
city. The appeal will not be accepted unless it is accompanied by the required fee.
(e}) Appeals are be governed by process IV. An appeal of an interpretation of this chapter will be
reviewed and decided upon using the process for appeals outlined in Article VI, Process III Re'.'ic'N
Project J\pproval, of this chapter.
(61) If the interpretation of the director of community development services is modified after an
appeal, the director shall:
(+~) Place the modifying decision in the interpretation file; and
(~Q) Issue an new interpretation as modified. Change or remove, as appropriate, the intcrprctation
that was modified. (Ord. No. 00-375, S 10, 10-3-00; Ord. No. 01-399, S 3, 8-7-01)
SECTION 35. Chapter 22, Article IV.B, Section 22-351, of the Federal Way City Code shall be
amended to read as follows:
22-351 Process I eenerallv. Cenerally.
Various places of this chaptcr in the Code indicate that certain developments, activities, or uses are
permitted only if approved using process I. This article describes process I. Any process I application not
categorically exempt from the State Environmental Policy Act. Chapter 43.21C RCW. shall be reviewed
pursuant to process III of this chapter. Under process I, the director of community developmcnt services,
is authorized to make administrative decisions based on certain criteria as set forth in this article or
chapter. Any process I application not categorically exempt from the State Environmental Policy Act,
Chapter 13.21 C RCW, shall be reviewed pursuant to process III of this chapter. Any appeals of the
director's decision will be decided by the hearing examiner after a public hearing. under this article may
be appealed to the city's hearing examiner as provided for in this article. (Ord. No. 97-291, S 3,4-1-97;
Ord. No. 00-375, S 10, 10-3-00)
SECTION 36. Chapter 22, Article IV.B, Section 22-352, of the Federal Way City Code shall be
amended to read as follows:
22-352 Purpose of review.
Process I has the following purposes:
(1) To review a proposal for compliance with the provisions of this chapter and all other
applicable law.
(2) To ensure that the health, safety, and welfare of the citizens of the city is preserved.
(3) To provide an expedient and reasonable land use review process for administrative decisions
and interpretations of this chapter. (Ord. No. 97-291, S 3,4-1-97; Ord. No. 00-375, S 10, 10-3-00)
SECTION 37. Chapter 22, Article IV.B, Section 22-353, of the Federal Way City Code is hereby
repealed as follows:
22 353 ,A..pplieations.
(1) Who may apply. Any person, personally or through an agent, may make application for a process
I land use decision.
Ordinance No
Page 14 of68
(2) How to apply. The applicant shall file a completed master land use application. Accompanying the
application shall be a written response to the decisional criteria as sct forth in this chapter for a particular
use or acti','ity, and information required by FWCC .2.L31.
(3) Fcc. With the application, the applicant shall submit the fee cstablished by the city. The
application shall not be accepted unless it is accompanied by the required fee.
(1) Director authority. The director of community dC'ielopment services may modify the submittal
requirements as deemed appropriate.
(5) Routing of application. An application for an administrative decision shall be routed to the
director of cOllHllunity development services. The director may route for comment an application to other
staff members or departments.
(6) Completeness.
(a) Within 28 calendar days of receiving an application, the city must determinc whether the
application is complete. The city will apply FWCC 22 33 to determine completeness. If thc city deems
the application to bc complete, a letter of completeness must bc issued prior to the 28 day deadlinc. If the
city determines the application to be incomplete, the city shall notify the applicant of what needs to be
submitted for a complete application. In this writtcn dctermination, the city shall also identify, to the
extent Imown to the city, the other agencies of local, state, or federal government that may have
jurisdiction ovcr somc aspcct of the proposed developmcnt activity. .^.n application shall be dcemed
complete under this section if the city does not provide a \yritten detcrmination to the applicant as
required in this paragraph.
(b) Within 11 days after an applicant has submitted thc additional information identificd by the
city as being nccessary for a complcte application, the city shall notify the applicant whethcr the
application is complcte or 'lIhether additional information is nccessary.
(c) .'\dditional information. .'\ determination of completeness shall not prcclude the city from
requesting additional information or studies, either at the time of the letter of completeness or
subsequently, ifnew information is rcquircd or substantial changes in the proposed action occur. (Ord.
No. 97 291, ~ 3, 1 1 97; Ord. No. 00 375, ~ 10,103 00)
SECTION 38. Chapter 22, Article IV.B, Section 22-354, of the Federal Way City Code shall be
amended to read as follows:
22-354 Director's Notiee of administrative decision and notice.
The director of community development services shall mail in a timely manner a copy of his or her
decision to the applicant any person who submitted comments on the application, and any person who
requested a copy. No other notice is required. (Ord. No. 97-291,93,4-1-97; Ord. No. 00-375,9 10, 10-3-
00)
SECTION 39. Chapter 22, Article IV.B, Section 22-355, of the Federal Way City Code shall be
amended to read as follows:
22-355 Appeals.
(1) Who may appeal. +fie A decision of the director of community development services under this
process may be appealed by the applicant, any person who submitted written comments or information, ef
any person who has specifically requested a copy of the decision, or the City.
(2) How and when to appeal. The appeal, in the form of a letter A written notice of appeal, must be
delivered to the department of community development services within 14 calendar days after issuance of
the decision of the director of community dC'.elopment services. The appeal must be accompanied by
Ordinance No
Page 15 of68
cash or a check. payable to the city of Federal Way. in the amount of the fee as established by the city.
The letteF notice of appeal must contain:
(a) A statement identifying the decision being appealed, along with a copy of the decision;
(b) A statement of the alleged errors in the director's decision, including identification of specific
factual findings and conclusions of the director of community development services disputed by the
person filing the appeal; and
(c) The appellant's name, address, telephone number and fax number, and any other information
to facilitate communications with the appellant.
(3) Fees. The person filing the appeal shall include, with the letter of appeal, the fee as established by
the city. The appeal will not be accepted unless it is accompanied by the required fee.
f4J Appeal process. Appeals are governed by process IV. of an administrative decision 'Hill be
reviewed and decided upon using the process for appeals outlined in ,\rticle VI, Process III Revicvl
Project ,^.pproval, of this chapter. (Ord. No. 97-291, S 3,4-1-97; Ord. No. 00-375, S 10,10-3-00; Ord.
No. 01-399, S 3, 8-7-01)
SECTION 40. Chapter 22, Article V, Section 22-361, of the Federal Way City Code shall be
amended to read as follows:
22-361 Process II 2enerally. L\dmiBistratioB.
Various places of this of this chapter in the Code indicate that certain developments, activities or uses
are permitted only if approved using process II. This article describes process II.
In addition, all All commercial, office and industrial development applications subject to the
provisions of this article, including applications for remodeling and expansion of an existing use, shall
also meet the requirements of Article XIX, Community Design Guidelines, of this chapter. Process II
applications are exempt from the procedural requirements set forth in RCW 36.70B.060 and 36.70B.11O
through 36.70B.130. Any process II application not categorically exempt from the State Environmental
Policy Act. Chapter 43.21C RCW. shall be reviewed pursuant to process III of this chapter. If the
development. activity. or use that requires approval through process II is part of a proposal that also
requires approval through process IV. the entire proposal will be decided upon using process IV. if the
director determines that this will result in more efficient decision making.
Under process II, the director of community development services will make the initial land use
decision and the decision on the community design guidelines. Any appeals ,^.ppeals of both decisions
either decision will be decided by the hearing examiner after a public hearing.
Process II applications are exempt from the procedural requirements set forth in RC'N 36.70B.060
and 36. 70B.l1 0 through 36.70B.130. Any process II application not categorically exempt from the State
Environmental Policy :\ct, Chapter 13.21 C RCW, shall be reviewed pursuant to the procedural
requirements of process III of this chapter. (Ord. No. 90-43, S 2(175.1 0(1)), 2-27-90; Ord. No. 97-291, S
3, 4-1-97)
SECTION 41. Chapter 22, Article V, Section 22-362, of the Federal Way City Code is hereby
repealed as follows:
22 362 ;"1pplielltioBs.
(1) 'Nho may apply. :\ny person, personally or through an agent, may make application f-or a process
II land use decision.
(2) Ho'.v to apply. The applicant shall file a completed master land use application. Accompanying the
application shall be a \.vritten response to the decisional criteria as set forth in this chapter for a particular
use or acti'lity, and information required by FWCC 22 33.
Ordinance No
Page 16 of68
(3) Fee. With the application, the applicant shall submit the fee established by the city. The
application shall not be accepted unless it is accompanied by the required fee.
(4) Director authority. The director of community development services may modify the submittal
requirements as deemed appropriate.
(5) Routing of application. l\n application for an administrative decision shall be routed to the
director of community de'lelopment services. The director may route for comment an application to other
staff members or departments.
(6) Completeness.
(a) Within 28 calendar days of receiving an application, the city must determine whether the
application is complete. The city will apply FWCC 22 33 to determine completeness. If the city deems
the application to be complete, a letter of completeness must be issued prior to the 28 day deadline. If the
city determines the application to be incomplete, the city shall notify the applicant of what needs to be
submitted for a complete application. In this written determination, the city shall also identify, to the
extent known to the city, the other agencies of local, state, or federal go';emment that may have
jurisdiction over some aspect of the proposed development activity. ,^.n application shall be deemed
complete under this section if the city does not provide a written determination to the applicant as
required in this paragraph.
(b) Within 11 days after an applicant has submitted the additional information identified by the
city as being necessary for a complete application, the city shall notify the applicant whether the
application is complete or whether additional information is necessary.
(c) i\dditional information. ,\ determination of completeness shall not preclude the city from
requesting additional information or studies, either at the time of the letter of completeness or
subsequently, if new information is required or substantial changes in the proposed action occur. (Ord.
11. T {Y7 'F)'H
nO. VI .. 'J
SECTION 42. Chapter 22, Article V, Section 22-363, of the Federal Way City Code shall be
amended to read as follows:
22-363 Conduct of the review.
The city manager sfl.a.I.l may appoint one or more employees or other persons working on behalf of the
city to perform the functions established under this article. (Ord. No. 90-43, S 2(175.10(3)),2-27-90; Ord.
No. 97-291, S 3,4-1-97)
SECTION 43. Chapter 22, Article V, Section 22-364, of the Federal Way City Code shall be
amended to read as follows:
22-364 Purposes of review.
The site plan review has the following purposes:
(1) To review the f! proposal for compliance with the provisions of this chapter and all other
applicable law.
(2) To help insure that the !Lproposal is coordinated, as is reasonable and appropriate, with other
known or anticipated development on private properties in the area and with known or anticipated right-
of-way and other public improvement projects within the area.
(3) To encourage proposals that embody good design principles that will result in high quality
development on the subject property. (Ord. No. 97-291, S 3,4-1-97)
Ordinance No
Page 17 of68
SECTION 44. Chapter 22, Article V, Section 22-365, of the Federal Way City Code shall be
amended to read as follows:
22-365 Site plan and community design guidelines approval criteria.
(1) Applicability. The director of community development services may approve an application for
site plan review and community design guideline review if it is consistent with the following sets of
decisional criteria:
(2) Site plan criteria.
(a) It is consistent with the comprehensive plan;
(b) It is consistent with all applicable provisions of this chapter;
( c) It is consistent with the public health, safety, and welfare;
(d) The streets and utilities in the area of the subject property are adequate to serve the anticipated
demand from the proposal; and
(e) The proposed access to the subject property is at the optimal location and configuration for
access.
(3) Community design guideline decisional criteria.
(a) It is consistent with site design standards set forth in FWCC 22-1634 for all zoning districts;
(b) It is consistent with applicable supplemental guidelines set forth in FWCC 22-1638; and
(c) For development applications for remodeling or expansion of an existing development, it is
consistent with those provisions of Article XIX, Community Design Guidelines, identified by the director
of community development services as being applicable. (Ord. No. 90-43, S 2(175.10(4)),2-27-90; Ord.
No. 97-291, S 3,4-1-97)
SECTION 45. Chapter 22, Article V, Section 22-366, of the Federal Way City Code shall be
amended to read as follows:
22-366 Administrative guidelines.
The city manager is authorized to adopt administrative guidelines to implement the provisions of this
article. These administrative guidelines will be used in the site plan review and have the full force and
effect as if they were set forth in this chapter, and shall be on file in the department of community
development services. (Ord. No. 90-43, S 2(175.10(5),2-27-90; Ord. No. 97-291, S 3,4-1-97)
SECTION 46. Chapter 22, Article V, Section 22-367, of the Federal Way City Code shall be
amended to read as follows:
22-367 Authority. director's decision. and notice.
(1) Site plan review conducted under this article will form the basis of any modifications to any
permits or approvals issued by the city for the proposal. In this regard, the person or persons conducting
the site plan review is hereby authorized to require modifications to the proposal consistent with the
criteria contained in FWCC Z2-364 and any the administrative guidelines, if any, adopted under FWCC
22-366.
(2) The director of community de','clopment services shall integrate his or her decision and findings
for site plan and community design guideline review into a single decision. A copy of the decision shall
be mailed to the applicant, any person who submitted written comments, or any person who specifically
requested a copy of the director's decision. No other notice is required. (Ord. No. 90-43, S 2 (175.1 0(6),
2-27-90; Ord. No. 97-291, S 3,4-1-97)
Ordinance No
Page 18 of68
SECTION 47. Chapter 22, Article V, Section 22-368, of the Federal Way City Code shall be
amended to read as follows:
22-368 Appeals.
(1) Who may appeal. A decision of the director under this process may be appealed by the applicant.
any person who submitted written comments or information, any person who has specifically requested a
copy of the decision, or the City.
(2) How and when to appeal. A written notice of appeal must be delivered to the department of
community development services within 14 calendar days after issuance of the decision of the director.
The notice of appeal must be accompanied by cash or a check. payable to the city of Federal Way. in the
amount of the fee as established by the city. The notice of appeal must contain:
(a) A statement identifying the decision being appealed, along with a copy of the decision;
(b) A statement of the alleged errors in the director's decision. including identification of specific
factual findings and conclusions of the director disputed by the person filing the appeal; and
(c) The appellant's name, address. telephone number and fax number. and any other information
to facilitate communications with the appellant.
(3) Appeal process. Appeals are be governed by process IV.
The applicant, any person who submitted written comments, or any person '.vho specifically requcstcd
a copy of the decision may appeal the site plan approval or conditions of such approval and/or community
design guidelinc conditions to the city's hearing examincr using the provisions to appeal a decision of the
director of community de'/elopmcnt services in proccss III of this chapter. Notwithstanding any contrary
provisions of 22 106, the hearing examiner's decision on an appeal under this section is the final dccision
of the city and may be may be revic'..ved pursuant to Chapter 36.70C RCW in the King County superior
court, except that in cases involving a site plan approval for a public utility located in a EN
(neighborhood business), BC (community business), or OP (office park) zone the hearing exmnincr's
decision is not the final decision of the city and such decisions may be appealed to the city council
pursuant to F'NCC 22 116 tlrrough 22 156. Modifications required to bring the proposal into compliance
with this chapter or any other applicable Imvs arc not appealable. (Ord. No. 90-43, ~ 2(175.1 0(7), 2-27-
90; Ord. No. 97-291, ~ 3,4-1-97)
SECTION 48. Chapter 22, Article V, Section 22-369, of the Federal Way City Code is hereby
repealed as follows:
22 369 Other authority not affeeted.
Nothing in this article in any way limits, or may be construed to limit, the authority of the city
including but not limited to the authority to condition or deny proposals, available to the city in, through
or by any other provision of this article or other law. (Ord. No. 90 13, S 2(175.1 0(8), 2 27 90; Ord. No.
97 291, S 3, 1 1 97)
SECTION 49. Chapter 22, Article V, Section 22-370, of the Federal Way City Code is hereby
repealed as follows:
22 370 Responsibility of applieant and owner.
Regardless of any review, approval, inspection or other actions of the city, it is the responsibility of
the applicant and o'.vner to insure that all '.vorle, actions or conditions on the subject property comply v/ith
this chapter and all other applicable laws and any permits and/or approvals granted under this chapter or
other applicable law. (Ord. No. 90 13, S 2(175.22),2 27 90; Ord. No. 97 291, S 3,1 1 97)
Ordinance No
Page 19 of68
SECTION 50. Chapter 22, Article VI, Section 22-386, of the Federal Way City Code shall be
amended to read as follows:
22-386 Process III 2enerally. f..dministration.
Various places of this chapter in the Code indicate that certain developments, activities or uses are
permitted only if approved using process III. This article describes process III.
In addition, all All commercial, office, aOO industrial. institutional. and multifamily development
applications subject to the provisions of this article, including applications for remodeling and expansion
of an existing use, shall also meet the requirements of Article XIX, Community Design Guidelines, of this
chapter. If the development, activity, or use that requires approval through process III is part of a proposal
that also requires approval through process IV. the entire proposal will be decided upon using process IV.
if the director determines that this will result in more efficient decision making.
Under process III, the director of community dcvelopment services will make the initial land use
decision and the decision on the community design guidelines based on written comments and
information. Any appeals /\ppeals of both decisions either decision will be decided by the hearing
examiner after a public hearing. (Ord. No. 90-43, S 2(145.05), 2-27-90; Ord. No. 97-291, S 3,4-1-97)
SECTION 51. Chapter 22, Article VI, Section 22-387, of the Federal Way City Code is hereby
repealed as follows:
22 387 Purposes of review.
The site plan re'liew has the following purposes:
(1) To rcvievl the proposal for compliance with the provisions of this chapter and all other
applicable law.
(2) To help insure that the proposal is coordinated, as is reasonable and appropriate, v/ith other
Imovlll or anticipated development on private properties in the area and with Imovlll or anticipated right
of way and other public improvement projects within the area.
(3) To encourage proposals that embody good design principles that will result in high quality
development on the subject property. (Ord. No. 97 291, ~ 3, 4 1 97)
SECTION 52. Chapter 22, Article VI, Section 22-388, of the Federal Way City Code is hereby
repealed as follows:
22 388 Proposal requiring appronl through proeess IV.
If the de,,'elopment, use or acti'.ity that requires approval through process III is part of a proposal that
also requires approval through process IV, the entire proposal will be decided upon using process IV, if
the director of community development services determines that this 'Nill result in more efficient decision
making. (Ord. No. 90 13, ~ 2(115.10),227 90; Ord. No. 97 291, ~ 3, 1 1 97)
SECTION 53. Chapter 22, Article VI, Section 22-389, of the Federal Way City Code is hereby
repealed as follows:
22 389 }-..pplieations.
(a) Who may apply. ;\ny person may, personally or through an agent, apply for a decision regarding
property he or she owns.
Ordinance No
Page 20 of 68
(b) How to apply. The applicant shall file a completed application in the department of community
development services on the form provided by the department. The applicant shall also provide all
information or material that is spccified in the pro'.ision of this chapter that describes the decision applied
for, all information specified in FWCC ~, and any additional information or material that the director
of community development services detcrmines is reasonably ncecssary for a decision on the matter.
(c) Fee. With the application, the applicant shall submit the fce establishcd by the city. Thc
application '.vill not be accepted unlcss it is accompanicd by the rcquircd fee.
(d) Completcness.
(1) Within 28 calendar days of receiving an application, the city must determine \.vhether the
application is complete. The city will apply FWCC ~ to determine completeness. If the city deems
the application to be complete, a letter of completeness must be issued prior to the 28 day deadline. If the
city determines the application to be incomplete, the city shall notify the applicant of what needs to be
submitted for a complete application. In this '.vritten determination, the city shall also identify, to the
extent known to the city, the other agencies of local, state, or federal government that may have
jurisdiction oycr some aspect of the proposed deyelopment acti'lity. ,^Jl application shall bc deemed
complete under this section if the city does not provide a written determination to the applicant as
required in this paragraph.
(2) Within 11 days aftcr an applicant has submitted thc additional inf-ormation identified by the
city as being necessary for a complete application, the city shall notify the applicant whether the
application is complete or '.vhether additional information is neccssary.
(e) ,^.dditional information. ,\ determination of completcncss shall not prcclude the city from
requesting additional information or studics, either at the timc of the letter of completcness or
subsequently, if new information is required or substantial changes in the proposcd action occur. (Ord.
No. 90 13, ~ 2(115.15),22790; Ord. No. 97 291, ~ 3, 1 1 97; Ord. No. 00 375, ~ 11, 10 3 00)
SECTION 54. Chapter 22, Article VI, Section 22-390, of the Federal Way City Code shall be
amended to read as follows:
22-390 Compliance with State Environmental Policy Act.
The State Environmental Policy Act applies to some of the decisions that will be made using this
article. The director of community development services shall evaluate each application and, where
applicable, comply with the State Environmental Policy Act and with state regulation and city ordinances
issued under the authority of the State Environmental Policy Act. (Ord. No. 90-43, S 2(145.20), 2-27-90;
Ord. No. 97-291, S 3,4-1-97)
SECTION 55. Chapter 22, Article VI, Section 22-391, of the Federal Way City Code shall be
amended to read as follows:
22-391 Official file.
(a) Contents. The director of community development services shall compile an official file on the
application containing the following:
(1) All application material submitted by the applicant.
(2)All written comments received on the matter.
(3) The written decision of the director of community de'.elopment services.
(4) If the decision of the director of community development services is appealed, the following
will be included in the file:
a. The letteF notice of appeal.
b. All written comments received regarding the appeal.
Ordinance No
Page 21 of68
c. The staff report on the appeal.
d. The electronic sound recording of the hearing on the appeal.
e. The decision of the hearing examiner on the appeal.
(5) Any other information relevant to the matter.
(b ) Availability. The official file is a public record. It is available for inspection and copying in the
department of community de';elopment services during regular business hours. (Ord. No. 90-43, ~
2(145.25),2-27-90; Ord. No. 97-291, S 3,4-1-97)
SECTION 56. Chapter 22, Article VI, Section 22-392, of the Federal Way City Code shall be
amended to read as follows:
22-392 Notice.
(1) Content. The director of community development services shall, within 14 days of issuing a letter
of completeness on the proposal, prepare a notice of application containing the following information:
(a) The name of the applicant and, if applicable, the project name.
(b) The date of application, the date of the notice of completion for the application, and the date
of the notice of application.
(c) The street address of the subject property or, if this is not available, a description of the
location of the property in non-legal language. Except for notice published in a newspaper of general
circulation in the city, the notice must also include a vicinity map that identifies the subject property.
(d) A brief description of the requested decision, including a citation to the provision of this
chapter governing the request, a list of the project permits included in the application and, if applicable, a
list of any studies requested. To the extent known by the city, the notice shall include any related permits
which are not included in the application.
(e) A statement of the availability of the official file.
(f) A statement of the right of any person to submit written comments to the director ef
community development services regarding the application within 15 days of the date of the notice.
(g) A statement that only the applicant, persons who submit written comments to the director ef
community development services, or persons who specifically requests a copy of the original decision
may appeal the director's decision.
(h) The identification of existing environmental documents that evaluate the proposed project and
the location where the application and any studies can be reviewed.
(i) A statement of the preliminary determination, if one has been made at the time of notice, of
those development regulations that will be used for project mitigation and of consistency as provided in
RCW 36.70B.040.
(2) Distribution. Within 14 calendar days of issuing the letter of completeness, the director ef
community dc';elopment services shall distribute this notice of application as follows:
(a) A copy of the notice of application will be published in the official daily newspaper of the
city.
(b) The notice of application will be conspicuously posted on or near the subject property. At
least one will be posted on or adjacent to every public right-of-way providing primary vehicular access to
any property that abuts the subject property.
(c) A copy of the notice will be posted on each of the official notification boards of the city and
public libraries located within the city.
(d) For projects under this article which are located within, or are 300 feet from, property zoned
SE (suburban estates), RS (single-family residential), or RM (multifamily), a copy of the notice will be
mailed to the persons receiving the property tax statements for all property within 300 feet of each
boundary of the subject property. (Ord. No. 90-43, S 2(145.30), 2-27-90; Ord. No. 97-291, S 3,4-1-97;
Ord. No. 01-399, S 3, 8-7-01)
Ordinance No
Page 22 of 68
SECTION 57. Chapter 22, Article VI, Section 22-393, of the Federal Way City Code shall be
amended to read as follows:
22-393 Burden of proof.
The applicant has the responsibility of convincing the director of community deyelopmcnt services
that, under the provisions of this article, the applicant is entitled to the requested decision. (Ord. No. 90-
43, S 2(145.35), 2-27-90; Ord. No. 97-291, S 3,4-1-97)
SECTION 58. Chapter 22, Article VI, Section 22-394, of the Federal Way City Code shall be
amended to read as follows:
22-394 Written comments.
The director of community dcvelopment services shall consider all written comments and information
regarding the requested decision that are received by the department of community developmcnt services
before the deadline contained within the notice regarding the application. (Ord. No. 90-43, S 2(145.40),2-
27-90; Ord. No. 97-291, S 3,4-1-97)
SECTION 59. Chapter 22, Article VI, Section 22-395, of the Federal Way City Code shall be
amended to read as follows:
22-395 Director's decision.
(a1) General.
(+Q) Coordination with decisions under the State Environmental Policy Act. If a SEP A threshold
determination is required to be issued, the threshold determination must follow the end of the public
comment period on the project permit application, but precede the director's decision on the land use and
design components of the process III project permit approval. If the SEP A threshold determination is
appealed, the director's land use and design components decision shall be issued sufficiently in advance
of the open record hearing on the threshold determination appeal, to allow any appeal of the land use
and/or design review decision to be consolidated and heard with the appeal of the threshold
determination.
(~h) Timing. The director of community de','elopmcnt scrvices will endeavor to issue his or her
decision on the land use and design components of the process III project permit approval within 120
days of the issuance of the letter of completeness~
(i) The 120-day time period does not apply if a proiect permit application under this article
requires an amendment to the comprehensive plan or this chapter; requires approval of a new fully
contained community as provided in RCW 36.70A.350. a master planned resort as provided in RCW
36.70A.360, the siting of an essential public facility as provided in RCW 36.70A.200. or capital facility
proiects of the city; or if a proiect permit .application under this article is substantially revised by the
applicant, in which case the time period shall start from the date at which the revised proiect application is
determined to be complete.
(ii) If the decision solely relates to a review of community design guidelines of a process IV
application the director shall issue a written decision within 10 working days after the deadline for
submitting comments. issued pursuant to FWCC 22 388, except that the
(iii) The following periods shall not be included in the calculation of the 120-day period:
{A)fr:- Any period during which the applicant has been requested by the city to correct
plans, perform required studies, or provide additional required information. In these instances, the period
Ordinance No
Page 23 of68
excluded from the 120-day calculation shall begin on the date the city notifies the applicant of the need
for additional information and run until the earlier of the date the city determines whether the additional
information satisfies the request for information, or 14 days after the date the information has been
provided to the city. If the city determines that the information submitted by the applicant under this
paragraph is insufficient, it shall notify the applicant of the deficiencies and the procedures under this
paragraph shall apply as if a new request for studies had been made.
(B)lr.- Any period during which an environmental impact statement is being prepared
following a determination of significance pursuant to Chapter 43.21 C RCW.
(C)~ Any period for administrative appeals of the SEPA threshold determination,
provided that the time period for consideration of such appeals shall not exceed 90 days for an open
record appeal hearing. The parties to an appeal may agree to extend the 90-day period.
(D)Eh Any extension of time mutually agreed upon by the applicant and the city.
The 120 day time period does not apply if a project permit application under this article
requires an amendment to the comprehensive plan or this chapter; requires approval of a ne\v fully
contained community as provided in RC'.V 36.70/..350, a master planned resort as provided in RCW
36.70,\.360, the siting of an essential public facility as provided in RCW 36.70.\.200 or capital facility
projects of the city; or if a project permit application under this article is substantially revised by the
applicant, in v/hich case the time period shall start from the date at which the revised project application is
determined to be complete under F'.VCC 22 388.
(iv) If the director is unable to issue his or final decision on the land use or design review
components of a process III project permit application as provided in this paragraph, the city shall provide
written notice of this fact to the applicant. The notice shall include a statement of reasons why the
decision has not been issued within the 120-day period, and an estimated date for issuance of the notice of
final decision.
(\}2) Decisional criteria. The director of comrrRmity development services shall use the criteria listed
in this subsection and the provision~ of this chapter describing the requested decision in deciding upon the
application.
(a) The In addition, the director of community development services may approve the application
only if:
(l-i) It is consistent with the comprehensive plan;
(;;!-iD It is consistent with all applicable provisions of this chapter;
(~iii) It is consistent with the public health, safety, and welfare;
(4iv) The streets and utilities in the area of the subject property are adequate to serve the
anticipated demand from the proposal; and
(~y) The proposed access to the subject property is at the optimal location and configuration.
fu) If the application is subject to the requirements of Article XIX, Community Design
Guidelines, the director of community development services shall also use the following criteria as well in
deciding upon an application:
(-i-i) It is consistent with the site design standards set forth for all zoning districts in FWCC
22-] 634;
(;;!-ii) It is consistent with applicable supplemental guidelines set forth in FWCC 22-1638; and
(~iii) For development applications for remodeling or expansion of an existing development,
it is consistent with those provisions of Article XIX, Community Design Guidelines, identified by the
director of community development services as being applicable.
(el) Conditions and restrictions. The director of community development services shall include in the
written decision any conditions and restrictions that he or she determines are reasonably necessary to
eliminate or minimize any undesirable effects of granting the application. Any conditions and restrictions
that are included become part of the decision.
(61) Contents. The director of community development services shall include the following in the
written decision:
Ordinance No
Page 24 of68
(-l-~) A statement granting, modifying and granting, or denying the application.
(~Q) Any conditions and restrictions that are imposed.
(~~) A statement of facts presented to the director of community development scrviccs that
support the decision, including any conditions and restrictions that are imposed.
(4g) A statement of the director's conclusions based on those facts.
(~~) A statement of the criteria used by the director of community developmcnt serVIces III
making the decision.
(61) The date of issuance of the decision.
(-'7-g) A summary of the rights, as established in this article, of the applicant and others to appeal
the decision of the director of community development services.
(&h) A statement of any threshold determination made under the State Environmental Policy Act,
Chapter 43.21C RCW.
(9i) A statement that affected property owners may request a change in valuation for property tax
purposes notwithstanding any program of revaluation.
(e~) Distribution of written decision. Within five working days after the written decision of the
director of community devclopmcnt scrvices is issued, it shall be distributed as follows:
(-l-~) A copy will be mailed to the applicant.
(~Q) A copy will be mailed to each person who submitted written comments or information to the
director of community development services.
(~~) A copy will be mailed to any person who has specifically requested it.
(44) A copy will be mailed to the King County assessor. (Ord.No. 90-43, S 2(145.45),2-27-90;
Ord. No. 97-291, S 3,4-1-97)
SECTION 60. Chapter 22, Article VI, Section 22-396, of the Federal Way City Code shall be
amended to read as follows:
22 396 Effeet of the deeision.
Dccisions under this section shall become final subject to the f{)llov/ing:
(1) ,^..n applicant or other party of rccord who may be aggrie'.ed by the decision may appeal the
decision within 11 days of the issuance of the decision by the director of community development
consistcnt with the provisions ofF\VCC 22 397 et seq. If a writtcn notice of appeal is received 'Nithin the
appcal period, the dccision shall be referred to the hearing examincr and shall not become final until the
appcal process is complete and the city issues a final decision. Upon issuance of thc final decision, the
applicant may engage in activity based on the decision, provided applicablc permits have been appro'led.
(2) If no appeal is submitted within the 11 calendar day appeal pcriod, the preliminary appro'lal
shall become final on the first calendar day follmving the expiration of the appeal period. Upon the
decision becoming final, the applicant may engage in activity based on the decision, pro'lided applicable
permits have been approved. (Ord. No. 90 13, ~ 2(115.50), 2 27 90; Ord. No. 97 291, ~ 3, 1 1 97; Ord.
No. 00 375, ~ 12, 10 3 00)
Editor's note Ordinance 1'.40.97 291, ~ 3, adopted April 1, 1997, deleted ~ 22 396 and renumbered ~ 22
395 to be a new ~ 22 396. Formerly, such section pertained to request for reconsideration and derived
from Ord. No. 90 13, ~ 2(115.55),2 27 90.
22-396 Effect of the decision.
Upon a decision becoming final. the applicant may engage in activity based on the decision. provided
applicable permits have been approved. Decisions become final subiect to the following:
(1) If a written notice of appeal is received within the appeal period, the decision shall not
become final until the appeal process is complete and the city issues a final decision.
Ordinance No
Page 25 of68
(2) If no appeal is submitted within the 14 calendar day appeal period, the decision shall become
final on the first calendar day following the expiration of the appeal period. (Ord. No. 90-43. & 2(145.50).
2-27-90; Ord. No. 97-291. & 3,4-1-97; Ord. No. 00-375. & 12. 10-3-00)
Editor's note - Ordinance No. 97-291. & 3. adopted April 1 , 1997. deleted & 22-396 and renumbered &
22-395 to be a new 9 22-396. Formerly, such section pertained to request for reconsideration and derived
from Ord. No. 90-43. & 2(145.55).2-27-90.
SECTION 61. Chapter 22, Article VI, Section 22-397, of the Federal Way City Code shall be
amended to read as follows:
22-397 Appeals.
(1) Who may appeal. =Fhe A decision of the director of community devclopment scrvices related to
either the land use appro'.'al or thc community dcsign guidelines dccision under this process may be
appealed by the applicant, any person who submitted written comments or information, eF any person
who has specifically requested a copy of the decision. or the City.
(2) How and when to appeal. The appcal, in the form of a lettcr A written notice of appeal, must be
delivered to the department of community development services within 14 calendar days after issuance of
the decision of the director of community development services. The appeal must be accompanied by
cash or a check. payable to the city of Federal Way. in the amount of the fee as established by the city.
The lettef notice of appeal must contain:
(a) A statement identifying the decision being appealed, along with a copy of the decision;
(b) A statement of the alleged errors in the director's decision, including identification of specific
factual findings and conclusions of the director of community development scrviccs disputed by the
person filing the appeal; and
(c) The appellant's name, address, telephone number and fax number, and any other information
to facilitate communications with the appellant.
(3) Appeal process. Appeals are be governed by process IV. Fees. Thc person filing thc appeal shall
include, '.vith the letter of appeal, the fee as established by the city. The appeal will not be accepted unless
it is accompanied by the required fee.
(1) Jurisdiction. ,^.ppeals from the decision of the director of community development services will be
heard by the hearing examiner. (Ord. No. 90-43, ~ 2(145.60),2-27-90; Ord. No. 97-291, ~ 3, 4-1-97)
SECTION 62. Chapter 22, Article VI, Section 22-398, of the Federal Way City Code is hereby
repealed as follows:
22 398 Notiee of appeal hearing.
(a) Content. The dircctor of community development serviccs shall prepare a noticc of the appeal
containing the following:
(1) The file number and a brief description of the matter being appealed.
(2) A statement of the scope of the appeal, including a summary of the errors alleged and specific
factual findings and conclusions disputed in the letter of appeal.
(3) The date, time and place of the public hcaring on the appcal.
( 1) ,\ statement of who may participate in the appeal.
(5) ,\ statement of how to participate in the appeal.
(b) Distribution. ,\t least 10 calendar days before the hearing on the appeal, the director of community
de'.'clopment services shall mail a copy of this notice to each person entitled to appeal the decision under
FWCC 22 397. (Ord. No. 90 13, ~ 2(115.65),2 27 90; Ord. No. 97 291, ~ 3,1 1 97)
Ordinance No
Page 26 of 68
SECTION 63. Chapter 22, Article VI, Section 22-399, of the Federal Way City Code is hereby
repealed as follows:
22 399 PartieipatioR iR the appeal.
Only those persons entitled to appeal the decision under FWCC 22 397 may participate in the appeal.
These persons may participate in either or both of the following ways:
(1) By submitting written comments or information to the department of community dcvelopment
services prior to the hearing or to the hearing examiner during the hearing.
(2) By appearing in person, or through a representative, at the hearing and submitting oral
comments directly to the hearing examiner. The hearing examiner may reasonably limit the extent of the
oral comments to facilitate the orderly and timely conduct of the hearing. (Ord. No. 90 13, ~ 2(115.70),2
27 90; Ord. No. 97 291, ~ 3, 1 1 97)
SECTION 64. Chapter 22, Article VI, Section 22-400, of the Federal Way City Code is hereby
repealed as follows:
22 400 Seope of the appeal.
The scope of the appeal is limited to the errors raised or the specific factual findings and conclusions
disputed in the letter of appeal. The hearing examiner may only consider evidence, testimony or
comments relating to errors raised or the disputed findings and conclusions. The hearing examiner also
may not consider any request for modification or waiver of applicable requirements of this chapter or any
other la'll. (Ord. 1'10.90 13, ~ 2(115.75),2 27 90; Ord. No. 97 291, ~ 3,1 1 97)
SECTION 65. Chapter 22, Article VI, Section 22-401, of the Federal Way City Code is hereby
repealed as follows:
22 401 Staff report OR appeal.
(a) Content. The director of community development services shall prepare a staff report on the
appeal containing the following:
(1) The v/ritten decision of the director of community de,,'elopment services.
(2) ,^~ll \vritten comments submitted to the director of community development services.
(3) The letter of appeal.
(4) ,\ll written comments on the appeal received by the department of community development
services from persons entitled to participate in the appeal.
(5) ,^J1 analysis of the alleged errors in the director's decision and any specific factual findings
and conclusions disputed in the letter of appeal.
(b) Distribution. ,^~t least seven calendar days before the hearing, the director of community
de'.clopment services shall distribute copies of the staff report on the appeal as follo'ws:
(1) ,\ copy will be mailed to the hearing examiner.
(2) ,\. copy will be mailed to the applicant.
(3) /'~ copy will be mailed to the person who filed the appeal.
(1) ,\ eopy will be mailed to each person who received a copy of the director's decision. (Ord.
No. 90 13, S 2(115.80), 227 90; Ord. No. 97 291, S 3, 1 1 97)
SECTION 66. Chapter 22, Article VI, Section 22-402, of the Federal Way City Code is hereby
repealed as follows:
Ordinance No
Page 27 of 68
22 402 Publie hearing 6n appeal.
(a) Gcncrally. The hearing cxamincr shall hold an open record hearing on the appeal.
(b) Opcn to public. Thc hearings of the hearing cxaminer are open to the public. (Ord. No. 90 13, ~
2(115.85),2 27 90; Ord. No. 97 291, ~ 3, 1 1 97)
SECTION 67. Chapter 22, Article VI, Section 22-403, of the Federal Way City Code is hereby
repealed as follows:
22 403 Eleetronie sound reeordings.
The hearing examiner shall make a complete electronic sound recording of each hearing. (Ord. No.
90 13, ~ 2(115.90), 2 27 90; Ord. No. 97 291, ~ 3, 1 1 97)
SECTION 68. Chapter 22, Article VI, Section 22-404, of the Federal Way City Code is hereby
repealed as follows:
22 404 Burden of proof.
The person filing the appeal has the responsibility of convincing the hearing examiner by a
preponderance of the evidence that the director of community devclopment services' decision contains an
crror oflaw or that its findings of fact or conclusions are incorrect. (Ord. No. 90 13, ~ 2(115.95), 2 27 90;
Ord. No. 97 291, S 3, 1 1 97)
SECTION 69. Chapter 22, Article VI, Section 22-405, of the Federal Way City Code is hereby
repealed as follows:
22 405 Continuation of the hearing.
Thc hearing examiner may continue the hearing if, for any reason, the examincr is unable to hear all
of the public comments on the appeal or if the hearing examiner determines that the examiner needs more
information within the scope of the appeal. If, during the hearing, the hearing examiner announces the
time and place of the next hearing on the mattcr and a notice thereof is posted on the door of the hearing
room, no further notice of that hearing need be given. (Ord. No. 90 13, S 2(115.1 00), 2 27 90; Ord. No.
97 291, ~ 3, 1 1 97)
SECTION 70. Chapter 22, Article VI, Section 22-406, of the Federal Way City Code is hereby
repealed as follows:
22 406 Deeision on appeal.
(1) In Gcneral. The hearing examiner shall consider all information and comments within the scope of
the appcal submittcd by persons cntitlcd to participate in the appeal. The hearing examiner shall either
affirm or change the findings and conclusions of the director of community development services that
'Ncre appealed. Based on the hearing examiner's findings and conclusions, the examiner shall affirm,
reverse, or modify the decision being appealed.
(2) Issuance of written dccision. 'Nithin 10 working days after the public hearing, the hearing
examiner shall issue a written decision on the appeal. Within fi'lc working days after it is issued, the
hearing examiner shall distribute the decision as follows:
(a) /". copy will be mailed to thc applicant.
(b) ,^. copy will be mailed to the person who filed the appeal.
Ordinance No
Page 28 of68
(c) /'i copy ,,,,ill be mailed to each pcrson who participated in the appeal.
(d) ,A. copy ',vill be mailed to each person that specifically requested it.
( e) /\. copy v,ill be mailed to the King County assessor.
(3) Effect. The decision by the hearing examiner is the final decision of the city, except where the
proposed project that is the subject ofthe hearing examiner's decision im'olves a school (FWCC 22 1 and
22 605), a community recreation area (F'.VCC 22 I and 22 607), a government facility (FWCC 22 1 and
22 610), a public utility (FWCC 22 1 and 22 609), or a public park (F'NCC 22 1 and 22 611) located in a
SE (suburban estates), RS (single family residential), or RM (multifamily) zone, in which case the
hearing examiner's decision may be appealed to the city council in accordance ':lith the provisions of
FWCC 22 116 through 22 156. (Ord. No. 90 13, ~ 2(115.1 05),2 27 90; Ord. No. 97 291, ~ 3, 1 1 97)
SECTION 71. Chapter 22, Article VI, Section 22-407, of the Federal Way City Code is hereby
repealed as follows:
22 ~07 Judieial re'liew.
If the hearing examiner's decision affirming, modifying or re'.ersing the director's decision denying
an application under this article is the final decision of thc city, the hearing examincr's decision may be
revicwed pursuant to chapter 36.70C RCW in the King County superior court. The land use petition must
be filed within 21 calendar days after issuance of the final land use decision of the city. (Ord. No. 90 43, ~
2(115.110),22790; Ord. No. 97 291, ~ 3, 11 97)
SECTION 72. Chapter 22, Article VI, Section 22-408, of the Federal Way City Code is hereby
repealed as follows:
22 408 Lapse of appro'lal Cenerall)',
The applicant under this article must begin construction or submit to the city a completc building
permit application for the development activity, use of land or other actions approved under this article
v/ithin one year after the final decision on the matter, or the decision becomes void. The applicant must
substantially complete construction for the development activity, use of land, or other actions approved
undcr this article and complete the applicable conditions listed in the decision within five years after the
final decision of the city on thc matter, or the decision becomes void. If litigation is initiated pursuant to
FWCC 22 107 22 157, the time limits of this section are automatically extended by the length of time
betv.ecn the commcnccmcnt and final tcrmination of that litigation. If the development activity, use of
land, or other actions approved under this article includes phased construction, the time limits of this
section may be extended in the decision on the application, to allow for completion of subsequent phases.
(Ord. No. 90 13, ~ 2(115.115(1 )),2 27 90; Ord. No. 97 291, ~ 3, 1 1 97)
SECTION 73. Chapter 22, Article VI, Section 22-409, of the Federal Way City Code is hereby
repealed as follows:
22 409 Lapse of appro'lal Time extension.
(a) ,^.pplication. Prior to the lapse of approval under FWCC 22 108, the applicants may submit a
writtcn application in the form of a lctter '.vith supporting documcntation to the departmcnt of community
development services requesting a one time extension of those time limits ofup to one year.
(b) Criteria. Thc rcqucst must demonstrate that the applicant is making substantial progress on the
development activity, use of land or other actions approved under this article and that circumstances
bcyond the applicant's control prcvcnt compliance with the time limits ofFWCC 22 108.
Ordinance No
Page 29 of 68
Cc) Fee. The applicant shall include, '.vith the letter ofrequest, the fee as established by the city. The
application '.:vill not be accepted unless it is accompanied by the required fee.
(d) Revie';/ process. ,^ill application for a time extension will be reviewed and decided upon by the
director of community development services.
(e) ,'\ppeals. ,^JlY person "'/ho is aggrie,,'ed by the granting or denying of a request for a time extension
under this section may appeal that decision. The appellant must file a letter of appeal indicating hovl the
decision on the time extension effects the appellant's property and presenting any relevant material or
information supporting the appellant's contention. The appeal will be heard and decided upon using
process IV, described in FWCC 2Llli et seq. Pursuant to Chapter 36.70B RCW, any time limit upon the
city's processing and decision upon applications under this chapter may, except as otherwise specifically
stated in this chapter, be modified by a written agreement betv/een the applicant and the director of
community de','elopment services. COrd. No. 90 ~3, S 2(115.115), 2 27 90; Ord. No. 97 291, ~ 3, 1 1 97)
SECTION 74. Chapter 22, Article VI, Section 22-410, of the Federal Way City Code is hereby
repealed as follows:
22 410 Bonds.
The city may require a bond under FWCC Rill et seq. to insure compliance with any aspect of a
permit or approval. COrd. No. 90 13, ~ 2(115.120),2 27 90; Ord. No. 97 291, ~ 3, 1 1 97)
SECTION 75. Chapter 22, Article VI, Section 22-411, of the Federal Way City Code is hereby
repealed as follows:
22 411 Complete compliance required.
(a) Generally. Except as specified in subsection (b) of this section, the applicant must comply with all
aspects, including conditions and restrictions, of an approval granted under this article in order to do
evef)1hing authorized by that approval.
(b) Exception, subsequent modification. If a specific use or site configuration f-or the subject property
was approved under this article or any quasi judicial process under a previous zoning code, the applicant
is not required to apply for and obtain appro','al through this article for a subsequent change in use or site
configuration unless:
C 1) There is a change in use and this chapter establishes different or more rigorous standards for
the new use than for the existing use; or
(2) The director of community development services determines that there will be substantial
changes in the impacts on the neighborhood or the city as a result of the change. (Ord. No. 90 13, ~
2(115.125),22790; Ord. No. 97 291, ~ 3, 1 1 97)
SECTION 76. Chapter 22, Article VII, Section 22-431, of the Federal Way City Code shall be
amended to read as follows:
22-431 Administration.
Various places in this chapter in the Code indicate that certain developments, activities or uses are
permitted only if approved using process IV. Certain appeals of agency decisions are also governed by
process IV. This article describes process IV.
All development applications subiect to this process and also subiect to the requirements of Article
XIX. Community Design Guidelines, shall first comply with process III as to those requirements. and
then proceed with process IV as to any other required review. Any appeal of the director's decision as to
Ordinance No
Page 30 0{68
L
Community Design Guidelines pursuant to this subsection shall be decided at the same time as and in
coni unction with the process IV review. If the development. use or activity that requires approval through
process II or III is part of a proposal that also requires approval through process IV. the entire proposal
will be decided upon using process IV. if the director determines that will result in more efficient decision
making.
Under process IV the hearing examiner will make the initial decision following a public hearing,
excopt that the director of community development services will make the initial decision on application
,^..rticle XIX, Community Design Guidelines. The hearing examiner .."ill decide any appeals from the
director's decision concerning community design guidelines. City council will decide appeals from the
hearing examiner decision except for those decisions that are specifically designated as on the land use
clement; the hearing examiner decision on an appeal of the director's decision concerning community
design guidelines may be reviewable in superior court pursuant to Chapter 36.70C RCW. (Ord. No. 90-
43, S 2(150.05), 2-27-90; Ord. No. 92-133, S 3(150.05),4-21-92; Ord. No. 97-291, S 3, 4-1-97)
SECTION 77. Chapter 22, Article VII, Section 22-432, of the Federal Way City Code is hereby
repealed as follows:
22 432 Proposals requiring approval through proeess IV.
If the development, use or activity that requires approval through process II or III is part of a proposal
that also requires approval through process IV, the entire proposal will be decided upon using process IV,
if the director of community development services determines that this '",ill result in more efficient
decision making. (Ord. No. 90 13, ~ 2(150.10),22790; Ord. No. 92 133, ~ 3(150.10), 1 21 92; Ord. No.
91 291, ~ 3, 1 1 97)
SECTION 78. Chapter 22, Article VII, Section 22-433, of the Federal Way City Code is hereby
repealed as follows:
22 433 Purposes of review.
The site plan revievl has the following purposes:
(1) To rcvievl the proposal for compliance with the pro';isions of this chapter and all other
applicable law.
(2) To help insure that the proposal is coordinated, as is reasonable and appropriate, '.vith other
knovm or anticipated development on private properties in the area and with known or anticipated right
of way and other public improvement projects within the area.
(3) To encourage proposals that embody good design principles that ''vill result in high quality
development on the subject property. (Ord. No. 97 291, ~ 3, 1 1 97)
SECTION 79. Chapter 22, Article VII, Section 22-434, of the Federal Way City Code is hereby
repealed as follows:
22 434 l\pplieations,
(a) Who may apply. ,^..ny person may, personally or through an agent, apply for a decision regarding
property he or she owns.
(b) How to apply. The applicant shall file the f{)llowing information with the department of
community development services:
(1) A completed application, with supporting affidavits, on forms provided by the department of
community development services.
Ordinance No
Page 31 of68
(2) Two sets (three if compliance with the State Environmental Policy ,^.ct is required) of stamped
envelopes with address labels obtained from the county, '.vithin the prior six months, containing the names
and addresses of the persons receiving the property tax statements for properties within 300 feet of each
boundary of the subject property.
(3) ,A. copy of the county assessor's map identifying the properties specified in subsection (b )(2)
of this section.
(4) ,AJlY information or material that is specified in the provision of this chapter that describes the
applied for decision.
(5) All information required by FWCC ll.J1.
(6) Any additional information or material that the director of community development services
determines is reasonably necessary for a decision on the matter.
(c) Fee. With the application, thc applicant shall submit the fee established by the city. The
application will not be accepted unless it is accompanied by the required fee.
(d) Completeness.
(1) Within 28 calendar days of receiving an application, the city must determine whether the
application is complete. The city will apply F\VCC 2LTI to determine completeness. If the city deems
the application to be complete, a letter of eompletencss must be issued prior to the 28 day deadline. If the
city determines the application to be incomplete, the city shall notify the applicant of v,hat needs to be
submitted for a complete application prior to the 28 day deadline. In this written determination, the city
shall also identify, to the extent Imown to the city, the other agencies of local, state, or federal government
that may have jurisdiction over some aspect of the proposed de';elopment activity. An application shall be
deemed complete under this section if the city does not pro'lide a written determination to the applicant as
required in this paragraph.
(2) V/ithin 11 days after an applicant has submitted the additional information identified by the
city as being necessary for a complete application, the city shall notify the applicant whether the
application is complete or whether additional information is necessary.
(0) ,^.dditional information. A determination of completeness shall not preclude the city from
requesting additional information or studies, either at the time of the letter of completeness or
subsequently, if new information is required or substantial changes in the proposed action occur. (Ord.
No. 90 13, ~ 2(150.15),2 27 90; Ord. No. 92 133, ~ 3(150.15), 1 21 92; Ord. No. 97 291, ~ 3, 1 1 97;
Ord. No. 00 375, ~ 13,103 00)
SECTION 80. Chapter 22, Article VII, Section 22-435, of the Federal Way City Code shall be
amended to read as follows:
22-435 Official file.
(a) Contents. The director of community development services shall compile an official file on the
application containing the following:
(1) All application materials submitted by the applicant.
(2) The staff report~.
(3) All written comments received on the matter.
(4) The electronic recording of the any public hearing on the matter.
(5) The decision of the hearing examiner.
(6) If the decision of the hearing examiner is appealed, the following will be included in the file:
a. The letter notice of appeal.
b. All written comments submitted regarding the appeal.
c. The staff report on the appeal.
d. The electronic sound recording and minutes of the hearing on the appeal.
e. The decision of the city council on the appeal.
Ordinance No
Page 32 of 68
(7) Any other information relevant to the matter. including any agency decision and notice of
appeal.
(b) Availability. The official file is a public record. It is available for inspection and copying in the
department of community development services during regular business hours. (Ord. No. 90-43, S
2(150.25),2-27-90; Ord. No. 92-133, S 3(150.25),4-21-92; Ord. No. 97-291, S 3, 4-1-97)
SECTION 81. Chapter 22, Article VII, Section 22-436, of the Federal Way City Code shall be
amended to read as follows:
22-436 Notice.
(1) Contents. The director of community de'o'elopment services shall prepare the following notices as
applicable:
(a) Notice of application. A notice of application shall contain:
(i) The name of the applicant and, if applicable, the project name and file number.
(ii) The date of application, the date of the notice of completion for the application, and the
6ate-&f the notice of application.
(iii) The street address of the subject property or, if this is not available, a description of the
location of the property in non-legal language. Except for notice~ published in a newspaper of general
circulation in the city, the notice must also include a vicinity map that identifies the subject property.
(iv) A brief description of the requested decision, including a citation to the provision of this
chapter governing the request, a list of the project permits included in the application and, if applicable, a
list of any studies requested. To the extent known by the city, the notice shall include any other permits
which are not included in the application.
(v) A statement of the availability of the official file.
(vi) A statement of the right of any person to submit written comments to city staff or the
hearing examiner and to appear at the public hearing of the hearing examiner to give comments orally.
(vii) The identification of existing environmental documents that evaluate the proposed
project and the location where the application and any studies can be reviewed.
(viii) A statement of the preliminary determination, if one has been made at the time of
notice, of those development regulations that will be used for project mitigation and of consistency as
provided in RCW 36.70B.040.
(b) Notice of public hearing. In addition to the information specified in the notice of application,
the notice of public hearing shall include the following:
(i) The date, time, and place of the public hearing.
(ii) A statement of the right of any person to submit written comments to the hearing
examiner and to appear at the public hearing of the hearing examiner to give comments orally and the
right to request a copy of the decision once made. For agency decision appeals this right is limited to
those entitled to appeal.
(iii) A statement that only the applicant, persons who submit written or oral comments to the
hearing examiner, or persons who specifically request a copy of the written decision may appeal may
appeal the hearing examiner's decision.
(c) Notice of agency decision appeal. A notice of an agency decision appeal shall contain:
(i) The file number and a brief description of the matter being appealed.
(ii) A statement of the scope of the appeal. including a summary of the errors alleged and
specific factual findings and conclusions disputed in the letter of appeal.
(iii) The date. time, and place of the public hearing on the appeal.
(iv) A statement of who may participate in the appeal.
(v) A statement of how to participate in the appeal.
Ordinance No
Page 33 of 68
(2) Distribution. The director of community development services shall distribute these notices as
follows:
(a) Notice of application. Within 14 calendar days of issuing the letter of completeness, the
director of community de','elopment services shall distribute the notice of application as follows:
(i) A copy of the notice of application will be published in a newspaper of general circulation
in the city;
(ii) At least three copies of the notice of application will conspicuously posted on or near the
subject property. Of these, at least one will be posted on or adjacent to every public right-of-way
providing primary vehicular access to any property that abuts the subject property;
(iii) A copy of the notice will be posted on each of the official notification boards of the city
and public libraries within the city;
(iv) A copy will be mailed to the persons receiving the property tax statements for all
property within 300 feet of each boundary of the subject property.
(b) Notice of public hearing. The director of eommunity development ser/ices shall distribute the
notice of public hearing at least 14 calendar days before the hearing in the same manner as the notice of
application except no posting needs to be done on or near the subiect property. as follows:
(i) ,\ copy ';.ill be mailed to the persons receiving the property tax statements for all property
'Nithin 300 feet of each boundary of the subject property;
(ii) ,\ copy will be published in a newspaper of general circulation of the city;
(iii) ,\ copy will be posted on each of the official notification boards of the city and public
libraries within the city.
(c) Agency decision appeals. Distribution of notices involving an agency decision appeal shall
occur at least 10 calendar days before the hearing on the appeal. and shall be mailed to each person
entitled to appeal the decision. No further distribution is required for agency decision appeals.
(3) Public notification sign. Except for in agency decision appeals. the +he applicant shall erect at
least one public notification sign which complies with standards developed by the department ef
community development services within 14 calendar days of the issuance of the letter of completeness.
This sign shall be located on or near the subject property facing the right-of-way or vehicle access
easement or tract providing direct vehicle access to the subject property. The director of community
dc';elopment services may require the placement of additional public notice signs on or near the subject
property if he or she determines that this is appropriate to provide notice to the public. The sign shall be
removed within seven calendar days after the final decision of the city on the matter.
(1) Timing for signs. The public notification sign or signs must be in place within 11 calendar days of
issuing the letter of complctencss and rcmoved within scven calendar days aftcr the final decision of the
city on the matter. (Ord. No. 90-43, S 2(150.30), 2-27-90; Ord. No. 92-133, S 3(150.30),4-21-92; Ord.
No. 97-291, S 3,4-1-97; Ord. No. 01-399, S 3, 8-7-01)
Cross-reference: FWCC 18-51
SECTION 82. Chapter 22, Article II, Section 22-437, of the Federal Way City Code shall be amended
to read as follows:
22-4314.5 Compliance with the State Environmental Policy Act.
The State Environmental Policy Act applies to some of the decisions that will be made using this
article. The director of community development services shall evaluate each application and, where
applicable, comply with the State Environmental Policy Act and with state regulations and city
ordinances issued under the authority of the State Environmental Policy Act. Where a threshold
determination under the State Environmental Policy Act is required, the responsible official shall issue his
or her determination at least 29 days prior to the hearing before the hearing examiner to allow any appeal
of the threshold determination to be consolidated with the hearing on the application for process IV
Ordinance No
Page 34 of 68
approval. (Ord. No. 90-43, S 2(150.20), 2-27-90; Ord. No. 92-133, S 3(150.20),4-21-92; Ord. No. 97-
291, S 3,4-1-97)
SECTION 83. Chapter 22, Article VII, Section 22-438, of the Federal Way City Code is hereby
repealed as follows:
22 438 Community design guidelines.
(a) i\pplicability. "Adl commercial, office, industrial, institutional, and multifamily development
applications arc subject to the requirements of "AJticle XL"'\:, COIrurnmit), Design Guidelines. i\pplications
for remodeling and expansion of an existing devclopments shall meet only those provisions of this article
that are determined by the director of community development services to be reasonably related and
applicable to the area of expansion or remodeling.
(b) Dircctor's decision. Within 10 vlorking days after the deadline for submitting comments and after
considering all of the information and comments submitted on the application, the director of community
development services shall issue a written dccision.
(c) Decisional criteria. The director of community development services shall use the criteria listed in
the provision of this chaptcr describing the requested decision in deciding upon the application. In
addition, the director of community development services may approve the application only if:
(1) It is consistent ';'lith the site design standards set forth for all zoning districts in FWCC R
~
-,
(2) It is consistent with applicable supplemental guidelines set forth in FWCC 22 1638; and
(3) For development applications for remodeling or e){pansion of an existing development, it is
consistcnt with thosc provisions of i\rticle XIX, Community Design Guidelines, identified by the director
of community de'.elopment services as being applicable.
(d) Conditions and restrictions. The director of community development services shall include in the
written decision any conditions and rcstrictions that he or shc detcrmines are reasonably necessary to
climinate or minimize any undesirable effects of granting the application. "^illy conditions and restrictions
that are includcd become part of the decision.
(e) Contcnts. The director of community development services shall include the following in the
written decision:
(1) "Ai statement granting, modifying and granting, or denying the application.
(2) illY conditions and restrictions that are imposed.
(3) A statement of facts presented to the director of community de'.elopmcnt services that support
the decision, including any conditions and rcstrietions that are imposed.
( 1) "^. statement of the director's conclusions based on those facts.
(5) i\ statcmcnt of the criteria used by the director of community development services in making
the dccision.
(6) The date of the decision.
(7) ll. summary of the rights, as established in this article, of the applicant, and others to appeal
the decision and/or conditions of the director of community development serviccs.
(8) The identification of existing en'lironmental documents that evaluate the proposed project and
the location where the application and any studies can be reviev/ed.
(9) l. statement of the preliminary determination, if one has been made at the time of notice, of
those development regulations that will be used for project mitigation and of consistency as provided in
RCW 36.70R010.
(0 Distribution of writtcn dccision. The '....ritten decision of the director of community development
services is issued, it shall be distributed as follows:
(1) "Ai copy 'Nill bc mailcd to the applicant.
Ordinance No
Page 35 of 68
(2) "A. copy will be mailed to each person who submitted written comments or information to the
director of community development serviccs.
(3) /\ copy 'Nill be mailed to any person who has specifically rcquested it.
(-4) A copy 'Nill be mailed to the King County assessor.
(g) Effect of the decision. The applicant may not engage in any activity based on the decision until the
third working day aftcr the time to appcal has expired. If the decision is appealed, the applicant may not
engage in any activity based on the decision until the third vlOrking day after the city issues a final
decision on the matter. If the decision of the director of community development services is not appealed,
that decision is the final decision of the city.
(h) /.ppeals.
(1) '},Tho may appeal. The decision andlor conditions of the director of community development
services related to the community design guidelines may be appealed by any person who is to recei'/e a
copy of that decision under F'.VCC 22 438(f).
(2) Hmv and when to appeal. The appeal, in the form of a letter of appeal, must be deliyered to
thc department of community development services '.vithin 1 -4 calendar days after issuance of the decision
of the director of community development services. The lettcr of appeal must contain:
a. /'i. statcment identifying the matter being appealed, along with a copy of the decision;
b. "A. statement of the alleged errors in the director's decision, including specific factual
findings and conclusions of the director of community development services disputed by the pcrson filing
the appeal; and
c. The appellant's name, address, telephone number and fax number, and any other
information to facilitate communicating with the appellant.
(3) Fees. The person filing the appeal shall include, with the lctter of appeal, the fee as established
by the city. The appeal will not be accepted unless it is accompanied by the required fee.
(-4) Jurisdiction. "^.ppeals of the decision of the director of community development services 'Nill
be heard by the hearing examiner.
(5) "^.ppeal hearing timing. "^J1 appeal of a decision of the director of community dcvelopment
services ..vill be heard on the same date as the public hearing for the application being processed pursuant
to this section.
(6) Notice of appeal hearing. The notice of the appeal hearing shall be included in the notice of
public hearing for the application being processed pursuant to this section. The notice of appeal hearing
shall include:
a. The file number and a brief description of the matter being appealed;
b. A statement of the scope of the appeal, including a summary of the alleged errors in the
director's decision, including specific factual findings and conclusions disputed in the letter of appeal;
c. The date, time, and place of the public hearing on the appeal;
d. /. statement of who may participate in the appeal; and
e. "^. statement ofhm'l to participate in the appeal.
(7) The provisions of P'NCC 22 399 through 22 106 shall apply to appeals filed under this
section. (Ord. No. 97 291, ~ 3, '1 1 97; Ord. No. 99 333, ~ 3,1 1999; Ord. No. 00 375, ~ 14,10300)
SECTION 84. Chapter 22, Article VII, Section 22-439, of the Federal Way City Code shall be
amended to read as follows:
22-439 Staff report.
(a) Contents. The director of community dcvelopment services shall prepare a staffreport concerning
the application or agency decision appeal. being processed pursuant to this section. The staff report shall
containll.g the following information:
(1) All pertinent application materials, including any notice of appeal and any agency decision.
Ordinance No
Page 36 of 68
(2) All written comments regarding the matter received by the department of community
development scrvices prior to distribution of the staff report.
(3) An analysis of the application under the any relevant provisions of this chapter and the
comprehensive plan.
(4) A statement of the facts found by the director of community development scrvices and the
conclusions drawn from those facts, including an analysis of any alleged errors or disputed findings or
conclusions in an agency decision appeal.
(5) A recommendation on the matter.
(b) Distribution. At least seven calendar days before the hearing, the director of community
development services shall distribute the staff report to the hearing examiner. the applicant. the appellant.
any person who specifically requested it, and in an appeal any person who requested the agency's
decision. as follows:
(1) ,A. copy '",ill be sent to the hearing examiner.
(2) ,\ copy will be sent to the applicant.
(3) ,\ copy will be sent to any person who has specifically requested it. (Ord. No. 90-43, S
2(150.35),2-27-90; Ord. No. 92-133, S 3(150.35),4-21-92; Ord. No. 97-291, S 3, 4-1-97)
SECTION 85. Chapter 22, Article VII, Section 22-440, of the Federal Way City Code shall be
amended to read as follows:
22-440 Public hearing.
(a1) Generally. The hearing examiner shall hold a Jffil*ie hearing on each application that is open to
the public. The hearing examiner shall make a complete electronic sound recording of each public
hearing.
(b) Open to public. The hearings of the hearing examiner are open to thc public.
(2) Participation. Any person may participate in a public hearing under this process. except those
involving agency decision appeals. Only those persons entitled to appeal may participate in the appeal.
Participation is accomplished through either or both of the following ways:
(a) By submitting written comments to the hearing examiner. either by delivering these comments
to the department of community deyelopment services prior to the hearing or by giving these directly to
the hearing examiner at the hearing.
(b) By appearing in person. or through a representative, at the hearing and making oral comments
directly to the hearing examiner. The hearing examiner may reasonably limit the extent of oral comments
to facilitate the orderly and timely conduct of the hearing.
(3) Continuation. The hearing exmniner may continue the hearing if. for any reason. he or she is
unable to hear all of the public comments on the matter or if the hearing examiner determines that he or
she needs more information on the matter. If. during the hearing, the hearing examiner announces the
time and place of the next hearing on the matter and a notice thereof is posted on the door of the hearing
room. no further notice of that hearing need be given. (Ord. No. 90-43, S 2(150.40), 2-27-90; Ord. No.
92-133, S 3(150.40),4-21-92; Ord. No. 97-291, S 3,4-1-97)
SECTION 86. Chapter 22, Article VII, Section 22-441, of the Federal Way City Code is hereby
repealed as follows:
22 441 Eleetronie sound reeording.
The hearing examincr shall make a complcte electronic sound recording of each public hearing. (Ord.
No. 90 43, ~ 2(150.15), 22790; Ord. No. 92 133, ~ 3(150.45), 4 2192; Ord. No. 97 291, ~ 3, 4 1 97)
Ordinance No
Page 37 of68
SECTION 87. Chapter 22, Article VII, Section 22-442, of the Federal Way City Code shall be
amended to read as follows:
22-442 Burden of proof.
The applicant has the responsibility of convincing persuading the hearing examiner ~
preponderance of the evidence that, under the provision of this article, the applicant is entitled to the
requested decision. The hearing examiner may take notice of (a) any iudicially cognizable facts. (b)
technical or scientific facts within the agency's specialized knowledge. and (c) codes or standards that
have been adopted by an agency of the United States, of this state or of another state. or by a nationally
recognized organization or association. The hearing examiner shall give great deference to the agency's
interpretation of its own properly promulgated regulations. matters within its expertise. and procedural
determinations. (Ord. No. 90-43, ~ 2(150.50), 2-27-90; Ord. No. 92-133, ~ 3(150.50), 4-21-92; Ord. No.
97-291, ~ 3,4-1-97)
SECTION 88. A new section is added to Chapter 22, Article VII, of the Federal Way City Code to
read as follows:
22-442.5 Scope of a2ency decision appeals.
The scope of agency decision appeals is limited to the errors of law raised or the specific factual
findings and conclusions disputed in the notice of appeal. The hearing examiner may only consider
evidence. testimony. or comments relating to errors of law raised or the disputed findings and
conclusions. The hearing examiner also may not consider any request for modification or waiver of
applicable requirements ofthis chapter or any other law.
SECTION 89. Chapter 22, Article VII, Section 22-443, of the Federal Way City Code is hereby
repealed as follows:
22 443 Publie eomments and partieipation at the hearing.
,^..ny person may participate in the public hearing in either or both of the follov/ing ways:
(1) By submitting written comments to the hearing examiner, either by dclivcring these comments
to thc dcpartment of community development services prior to the hearing or by giving thesc directly to
the hearing cxaminer at the hearing.
(2) By appearing in person, or through a representative, at the hearing and making oral comments
directly to the hearing examiner. The hearing examiner may reasonably limit the extent of oral comments
to facilitate the orderly and timely conduct of the hearing. (Ord. No. 90 13, ~ 2(150.55), 2 27 90; Ord.
No. 92 133, ~ 3(150.55), 1 21 92; Ord. No. 97 291, ~ 3, 1 1 97)
SECTION 90. Chapter 22, Article VII, Section 22-444, of the Federal Way City Code is hereby
repealed as follows:
22 444 Continuation of the hearing.
The hearing examiner may continue the hearing if, for any reason, he or she is unable to hear all of
the public comments on the matter or if the hearing examincr determines that he or she needs morc
information on the matter. If, during the hearing, the hearing examiner announces the time and place of
the next hearing on the matter and a notice thereof is posted on the door of the hearing room, no further
Ordinance No
Page 38 of 68
notice of that hearing need be given. (Ord. No. 90 ~3, ~ 2(150.60), 227 90; Ord. No. 92 133, ~
3(150.60), '\ 21 92; Ord. No. 97 291, ~ 3, '\ 1 97)
SECTION 91. Chapter 22, Article VII, Section 22-445, of the Federal Way City Code shall be
amended to read as follows:
22-445 Hearing examiner's decision.
(a) General. After considering all of the information and comments submitted on the matter, the
hearing examiner shall issue a written decision. In an agency decision appeal. the eXaIniner shall affirm,
reverse, or modify the decision being appealed based on the hearing examiner's findings and conclusions.
Subsections c. d. and e of this section do not apply to agency decision appeals.
(b) Timing.
(1) Unless a longer period is agreed to by the applicant, the hearing examiner flffiSt shall issue the
decision within 10 working days after the close of the public hearing.
(2) The hearing examiner will endeavor to issue his or her decision on the land use and design
components of the process IV project permit approval within 120 days of the issuance of the letter of
completeness issued pursuant to 22-433(d), except that the following periods shall not be inclu<;led in the
calculation of the 120-day period:
a. Any period during which the applicant has been requested by the city to correct plans,
perform required studies, or provide additional required information. In these instances, the period
excluded from the 120-day calculation shall begin on the date the city notifies the applicant of the need
for additional information and run until the earlier of the date the city determines whether the additional
information satisfies the request for information or 14 days after the date the information has been
provided to the city. If the city determines that the information submitted by the applicant under this
paragraph is insufficient, it shall notify the applicant of the deficiencies and the procedures under this
paragraph shall apply as if a new request for studies had been made.
b. Any period during which an environmental impact statement is being prepared following a
determination of significance pursuant to Chapter 43.21 C RCW.
c. Any period for administrative appeals of the SEP A threshold determination, provided that
the time period for consideration of such appeals shall not exceed 90 days for an open record appeal
hearing. The parties to an appeal may agree to extend the 90-day period.
d. Any extension of time mutually agreed upon by the applicant and the city.
The 120-day time period does not apply if a project permit application under this article requires
an amendment to the comprehensive plan or this chapter; requires approval of a new fully contained
community as provided in RCW 36.70A.350, a master planned resort as provided in RCW 36.70A.360, or
the siting of an essential public facility as provided in RCW 36.70A.200; or if a project permit application
under this article is substantially revised by the applicant, in which case the time period shall start from
the date at which the revised project application is determined to be complete under FWCC 22 388. 22-
33.5.
If the hearing examiner is unable to issue his or her decision on the land use or design review
components of a process IV project permit application as provided in this paragraph, the city shall provide
written notice of this fact to the applicant. The notice shall include a statement of reasons why the
decision has not been issued within the 120-day period, and an estimated date for issuance of the notice of
final decision.
(c) Decision criteria. The hearing examiner shall use the criteria listed in the provision of this chapter
describing the requested decision in deciding upon the application. In addition, the hearing examiner may
approve the application only if:
(1) It is consistent with the comprehensive plan;
(2) It is consistent with all applicable provisions of this chapter and all other applicable laws;
Ordinance No
Page 39 of 68
(3) It is consistent with the public health, safety and welfare;
(4) The streets and utilities in the area of the subject property are adequate to serve the anticipated
demand from the proposal; and
(5) The proposed access to the subject property is at the optimal location and configuration for
access.
(d) Conditions and restrictions. The hearing examiner shall include in the written decision any
conditions and restrictions that the examiner determines are reasonably necessary to eliminate or
minimize any undesirable effects of granting the application. Any conditions and restrictions that are
imposed become part of the decision.
( e) Contents. The hearing examiner shall include the following in the examiner's written decision:
(1) A statement granting, modifying and granting~ or denying the application.
(2) Any conditions and restrictions that are imposed.
(3) A statement of facts presented to him or her that support the decision, including any
conditions and restrictions that are imposed.
(4) A statement of the hearing examiner's conclusions based on those facts.
(5) A statement of the criteria used by the hearing examiner in making the decision.
(6) The date of issuance of the decision and a summary of the rights, as established in this article,
of the applicant and others to appeal the decision of the hearing examiner.
(7) A statement of any threshold determination made under the State Environmental Policy Act,
Chapter 43.21 C RCW.
(8) A statement that affected property owners may request a change in valuation for property tax
purposes notwithstanding any program of revaluation.
(f) Distribution of written decision. Within five working days after the hearing examiner's written
decision is issued, the director of community development services shall distribute the decision as
follows:
(1) A copy will be mailed to the applicant and the appellant.
(2) A copy will be mailed to each person who submitted written or oral testimony to the hearing
exammer.
(3) A copy will be mailed to any person who has specifically requested it.
(4) A copy will be mailed to the King County assessor.(Ord. No. 90-43, S 2(150.65), 2-27-90;
Ord. No. 92-133, S 3(150.65),4-21-92; Ord. No. 97-291, S 3,4-1-97)
Editor's note - Ordinance No. 97-291, S 3, adopted April 1, 1997, deleted S 22-445. Formerly, such
section pertained to request for reconsideration and derived from Ord. No. 90-43, S 2(150.75), 2-27-90;
Ord. No. 92-133, S 3(150.75),4-21-92.
SECTION 92. Chapter 22, Article VII, Section 22-446, of the Federal Way City Code shall be
amended to read as follows:
22-446 Final decisions and effect Effeet of the decision.
Upon a decision becoming final, the applicant may engage in activity based on the decision, provided
applicable permits have been approved. If a decision of the hearing examiner is the final decision of the
city it may be reviewed under 22-456. Where the hearing examiner's decision is not the final decision of
the city, the decision may be appealed under 22-447 and is subiect to subsection 2 of this section.
(1) Agency decision appeals. The decision by the hearing examiner on an agency decision appeal
is the final decision of the city, except where the proposed proiect involves:
(a) An approval. other than a site plan approval. involving a school (FWCC 22-605). a
community recreation area (FWCC 22-607). a government facility (FWCC 22-610). a public utility
(FWCC 22-609), or a public park (FWCC 22-611) located in a SE (suburban estates), RS (single-family
residential). or RM (multifamily) zone; or
Ordinance No
Page 40 of 68
(b) A site plan approval for a public utility located in a BN (neighborhood business). BC
(community business), or OF (office park) zone
( c) SEP A appeals under Chapter 18.
(2) Other cases. In cases not subiect to subsection 1 of this section. decisions of the hearing
examiner become final:
(a) If no appeal of the hearing examiner's decision is submitted within the appeal period. on
the first calendar day following the expiration of the 14 calendar day appeal period;
(b) If a written notice of appeal of the hearing examiner's decision is received within the
appeal period. when the city issues a final decision after the appeal process is complete.
Decisions become final subject to the following:
(1) If a written notice of appeal is received within the appeal period, the decision shall not
become final until the appeal process is complete and the city issues a final decision.
(2) If no appeal is submitted within the 11 calendar day appeal period, the decision shall become
final on the first calendar day following the expiration of the appeal period. (Ord. No. 90-43, S 2(150.70),
2-27-90; Ord. No. 92-133, S 3(150.70), 4-21-92; Ord. No. 97-291, S 3,4-1-97; Ord. No. 00-375, S 15, 10-
3-00)
SECTION 93. Chapter 22, Article VII, Section 22-447, of the Federal Way City Code shall be
amended to read as follows:
22-447 Appeals of the Hearin2 Examiner's decision.
(1) Who may appeal. The decisions of the hearing examiner which are not the final decision of the
City, may be appealed by the applicant, persons who submit written or oral comments to the hearing
examiner, er persons who specifically request a copy of the written decision. or by the City.
(2) How and when to appeal. The appeal, in the form of a letter A written notice of appeal, must be
delivered to the department of community development services within 14 calendar days after issuance of
the decision of the director of community development services. The appeal must be accompanied by
cash or a check, payable to the city of Federal Way. in the amount of the fee as established by the city.
The letter notice of appeal must contain:
(a) A statement identifying the decision being appealed, along with a copy of the decision;
(b) A statement of the alleged errors in the hearing examiner's decision, including specific factual
findings and conclusions of the hearing examiner disputed by the person filing the appeal; and
(c) The appellant's name, address, telephone number and fax number, and any other information
to facilitate communications with the appellant.
(3) Transcript Fee. The person filing the appeal shall include, with the letter of appeal, the fee
established by the city.
(a) In addition to the appeal fee, the appellant shall either pay an amount sufficient to cover the
cost of preparing the written transcript of the hearing examiner hearing, at the cost of $16.00 per hour~~
(b) In lieu of payment of the transcript preparation costs, the appellant may choose to or make
separate arrangements to prepare the transcript from tapes of the hearing provided by the city, at
appellant's sole cost. The prepared transcript shall be submitted to the city hearing examiner secretary for
distribution no later than 20 days prior to the date of the hearing on appeal, and shall be accompanied by
an affidavit or certification by the appellant as to the accuracy and completeness of the transcript.
( c) The appeal will not be accepted unless it is accompanied by the required fee and appropriate
ees-ffi-:-
(d) The cost of the transcript shall be refunded to the appellant if the appellant substantially
prevails on appeal. The city council shall decide whether appellant substantially prevailed on appeal and
that decision shall be final. The transcript refund shall be limited to actual costs of transcript preparation
as follows:
Ordinance No
Page 41 of68
(i) City staff preparation. Hourly cost of preparation.
(ii) Appellant preparation from tapes. Actual costs as shown by certified receipt or other
evidence sufficient to the city.
(4) Jurisdiction. Appeals from the decision of the hearing examiner will be heard by city council.
(Ord. No. 90-43, S 2(150.80),2-27-90; Ord. No. 92-133, S 3(150.80),4-21-92; Ord. No. 97-291, S 3,4-1-
97)
SECTION 94. Chapter 22, Article VII, Section 22-448, of the Federal Way City Code shall be
amended to read as follows:
22-448 Notice of the appeal hearing.
(a) Contents. The director of community development services shall prepare a notice of the appeal
containing the following:
(1) The file number and a brief description of the matter being appealed.
(2) A statement of the scope of the appeal, including a summary of the specific factual findings
and conclusions disputed in the letter of appeal.
(3) The date, time and place of the city council public hearing on the appeal.
(4) A statement of who may participate in the appeal.
(5) A statement of how to participate in the appeal.
(b) Distribution. At least 10 calendar days before the hearing on the appeal, the director of community
development shall send a copy of this notice to each person entitled to appeal the decision under F'NCC
22 116. (Ord. No. 90-43, S 2(150.85),2-27-90; Ord. No. 92-133, S 3(150.85),4-21-92; Ord. No. 97-291,
S 3,4-1-97)
SECTION 95. Chapter 22, Article VII, Section 22-449, of the Federal Way City Code is hereby
repealed as follows:
22 H9 Partieipation in the appeal.
Only those persons entitled to appeal the decision under F'NCC 22 117 may partieipate in either or
both of the following ways:
(1) By submitting written comments to the department of community development prior to the
hearing or to the city council at the hearing.
(2) By appearing in person, or through a representative, at the hearing and making oral comments
directly to the city council. The council may reasonably limit the extent of the oral comments to facilitate
the orderly and timely conduct of the hearing. (Ord. No. 90 13, S 2(150.90),2 27 90; Ord. No. 92 133, S
3,1 21 92; Ord. No. 97 291, S 3, 1 1 97)
Editor's note Ordinance No. 97 291, S 3, adopted ,\prill, 1997, deleted S 22 419. Formerly, such
section pertained to scope of the appeal and derived from Ord. No. 90 13, S 2(150.95), 2 27 90; Ord. No.
92 133, ~ 2, 4 21 92.
SECTION 96. Chapter 22, Article VII, Section 22-450, of the Federal Way City Code shall be
amended to read as follows:
22-450 Staff report on the appeal.
(a) Contents. The director of community development shall prepare documents on the appeal
containing the following:
(1) The staff report prepared for the public hearing before the hearing examiner.
Ordinance No
Page 42 of 68
(2) The written decision of the hearing examiner.
(3) All written comments submitted to the hearing examiner.
(4) A summary of the comments and information presented to the hearing examiner, a statement
of the availability of the electronic sound recording of the hearing, and a written transcript of the hearing
examiner's proceedings.
(5) The lettef notice of appeal.
(6) All written comments received by the department of community development from persons
entitled to participate in the appeal and within the scope of the appeal.
(7) An analysis of the alleged errors and the specific factual findings and conclusions disputed in
the letter of appeal.
(b) Distribution. At least seven calendar days before the hearing. the +he director of community
development services shall distribute copies of the staff report on the appeal to the following people: each
member of the city council, the applicant. the appellant. any person who specifically requested it in an
appeal any person who requested the director's decision, and in an appeal the underlying applicant if
different than the appellant. documents as follo'.:vs:
(1) Prior to the hearing, a copy will be sent to each mcmber of the city council.
(2) ,'\t least seven calendar days before thc hearing, a copy will be sent to:
a. The applicant;
b. The person who filed the appeal; and
c. Each person v/ho rcceived a copy of the hearing examiner's decision. (Ord. No. 90-43, S
2(150.100),2-27-90; Ord. No. 92-133, S 3(150.100),4-21-92; Ord. No. 97-291, S 3,4-1-97)
SECTION 97. Chapter 22, Article VII, Section 22-451, of the Federal Way City Code shall be
amended to read as follows:
22-451 Closed record appeal.
(aD Generally. The city council shall hold a closed record appeal hearing, as defined in RCW
36. 70B.020(1 ). that is open to the public. The city council shall make a complete electronic sound
recording of the hearing.
(2) Participation. Only those persons entitled to appeal the decision of the hearing examiner may
participate in either or both of the following ways:
(a) By submitting written comments to the department of community development prior to the
hearing or to the city council at the hearing.
(b) By appearing in person, or through a representative. at the hearing and making oral comments
directly to the city council. The council may reasonably limit the extent of the oral comments to facilitate
the orderly and timely conduct of the hearing.
(3) Continuation. The city council may continue the hearing if. for any reason, he or she is unable to
hear all of the public comments on the matter or if the hearing examiner determines that he or she needs
more information on the matter. If. during the hearing, the hearing examiner announces the time and place
of the next hearing on the matter and a notice thereof is posted on the door of the hearing room. no further
notice of that hearing need be given.
(b )Opcn to public. The hearings of the city council are open to the public.
(c]) Scope of appeal. The scope of the appeal is limited to the specific errors raised or factual findings
disputed in the lctter of appeal. The city council shall considcr only the following:
(1 a) The~ information received from the director of community development services pursuant to
FWCC 22 1150;
(2.!:!) The record before the hearing examincr, including exhibits and evidence admitted by the
hearing examiner;
Ordinance No
Page 43 of 68
(3) .^.ppeal argument by the appellant, any person who commented to or testified before the
hearing cxaminer, or othcr pcrsons provided that appeal argument shall address only the issues raised by
the letter of appcal and evidence, if any, allowed under FWCC 22 451 (c)( 4); and
(1) New evidence that was not prcsented to or considered by the hearing cxaminer, but only if
that evidcncc:
(i) Relates to the yalidity of the hearing examiner's decision at the time it was made and the
party offering the new evidcnce did not know, and vias under no duty to discover_or could not reasonably
have discovered the evidencc until after the hearing examiner's dccision; or
(ii) The hearing examiner improperly excluded or omitted the e';idence from the record. (Ord.
No. 90-43, ~ 2(150.105), 2-27-90; Ord. No. 92-133, ~ 3(150.105),4-21-92; Ord. No. 97-291, ~ 3,4-1-97)
SECTION 98. A new section is added to Chapter 22, Article VII, of the Federal Way City Code to
read as follows:
22-451.5 Scope of appeal.
The scope of the appeal is limited to the errors of law raised or the specific factual findings and
conclusions disputed in the notice of appeal. The city council shall consider only the following:
(1) The staff report on appeal:
(2) The record before the hearing examiner, including exhibits and evidence admitted by the
hearing examiner;
(3) Evidence within the scope of the appeal that was not presented to or considered by the hearing
examiner. but only if:
(a) At the time of the hearing examiner's decision the party offering the evidence did not
know of the evidence, was under no duty to discover the evidence. and could not have reasonably
discovered the evidence; or
(b) The hearing examiner improperly excluded or omitted the evidence from the record.
(4) Arguments within the scope of the appeal by persons allowed to participate in the appeal.
SECTION 99. Chapter 22, Article VII, Section 22-452, of the Federal Way City Code is hereby
repealed as follows:
22 452 Eledronie sound reeordings.
The city council shall make a complete electronic sound recording of each hearing. (Ord. No. 90 43,
~ 2(150.110),22790; Ord. No. 92 133, ~ 3(150.110), 4 21 92; Ord. No. 97 291, ~ 3,4 1 97)
SECTION 100. Chapter 22, Article VII, Section 22-453, of the Federal Way City Code shall be
amended to read as follows:
22-453 Burden of proof.
The person filing the appeal has the responsibility of convincing persuading the city council by a
preponderance of the evidence that the hearing examiner's decision contains an error of law or that its
findings of fact or conclusions are incorrect. (Ord. No. 90-43, ~ 2(150.115), 2-27-90; Ord. No. 92-133, ~
3(150.115), 4-21-92)
SECTION 101. Chapter 22, Article VII, Section 22-454, of the F ederal Way City Code is hereby
repealed as follows:
Ordinance No
Page 44 of 68
22 454 Continuation of the hearing.
The city council may continue the hearing if, for any reason, it is unable to hear all of the public
comments on the appeal or if the city council detemHnes that it needs more information v.ithin the scope
of the appeal. If, during the hearing, the time and place of the next public hearing on the matter is
announced and a notice thereof is posted on the door of the hearing room, no further notice of that hearing
need be gi';cn. (Ord. No. 90 -13, S 2(150.120),22790; Ord. No. 92 133, S 3(150.120), -1 21 92)
SECTION 102. Chapter 22, Article VII, Section 22-455, of the Federal Way City Code shall be
amended to read as follows:
22-455 Decision on the appeal.
ill After considering the matter as provided in FWCC 451.5 22 151 ( c), the city council shall, by
motion approved by a majority vote of members present, take one of the following actions:
(+!!) If city council determines that the disputed findings of fact and conclusions are the correct
findings of fact and conclusions, the council shall affirm the decision.
(~b) If city council determines that the disputed findings of fact and conclusions are not correct
and that correct findings of fact and conclusions do not support the decision of the hearing examiner, the
council shall modify or reverse the decision.
("-2) Notice of decision.
(a} General. Within 2 working days after Follov.ing the final decision of the city council, the
director of community developmcnt scrvices shall prepare a notice of the city's final decision on the
application. To the extent the decision does not do so, the notice shall include a statement of any threshold
determination made under the State Environmental Policy Act, Chapter 43.21C RCW, and a statement
that the affected property owners may request a change in valuation for property tax purposes
notwithstanding any program of revaluation.
(b} Distribution. Within two working days after the city council's decision is made, the director
of community development services shall distribute the notice of the decision as follows:
1. A copy will be mailed to the applicant.
2. A copy will be mailed to the person who filed the appeal.
3. A copy will be mailed to any person who submitted written or oral comments to the city
council.
4. A copy will be mailed to the King County assessor.
(41) Effect. The decision of city council is the final decision of the city. (Ord. No. 90-43, ~ 2
(150.125),2-27-90; Ord. No. 92-133, ~ 3(150.125),4-21-92; Ord. No. 97-291, ~ 3,4-1-97)
SECTION 103. Chapter 22, Article VII, Section 22-456, of the Federal Way City Code shall be
amended to read as follows:
22-456 Judicial review.
The final decision aetien of the city in granting or denying an application or an appeal under this
article may be reviewed pursuant to Chapter 36.70C RCW in the King County superior court. The land
use petition must be filed within 21 calendar days after the final land use decision of the city. Provided
that final decisions involving multifamily housing tax exemptions may be appealed to the King County
superior court in accordance with the procedures in RCW 34.05.510 through 34.05.598. as provided in
RCW 84.14.110(2), within 30 days after issuance of the decision of the hearing examiner. (Ord. No. 90-
43, ~ 2(150.130), 2-27-90; Ord. No. 92-133, ~ 3(150.130),4-21-92; Ord. No. 97-291, ~ 3,4-1-97)
Ordinance No
Page 45 of 68
SECTION 104. Chapter 22, Article VII, Section 22-457, of the Federal Way City Code is hereby
repealed as follows:
22 457 Lapse of approval CeneraIIy.
The applicant must begin construction or submit to the eity a complete building permit application for
the dC'lelopment activity, use of land or other actions approved under this article within one year after the
final decision on the matter, or the decision becomes '.oid. The applicant must substantially complete
construction for thc dcvclopmcnt activity, use of land, or other actions approvcd undcr this articlc and
complete the applicablc conditions listcd in the dccision within five yeaTS after the final dccision of the
city on the matter, or the decision becomes void. If litigation is initiated pursuant to FWCC 22 156, the
time limit of this section arc automatically extended by the length of timc between thc commencement
and final termination of that litigation. If the development activity, use of land, or other actions approved
under this article includes phased construction, the timc limits of this section may be cxtcnded in the
decision on the application. (Ord. No. 90 13, ~ 2(150.135(1)),22790; Ord. No. 92 133, ~ 3(150.135(1)),
1 21 92; Ord. 1'10.97 291, ~ 3, 11 97)
SECTION 105. Chapter 22, Article VII, Section 22-458, of the Federal Way City Code is hereby
repealed as follows:
22 458 Lapse of appro'la) Time extension.
(0) ,\pplication. Prior to the lapse of approval under FWCC 22 457, the applicants may submit a
written application in the form of 0 letter with supporting documentation to the dcpartment of community
dcvelopment services requesting a one time cxtension of those time limits ofup to one year.
(b) Criteria. The request must demonstrate that the applicant is making substantial progress on thc
development activity, use of land or other actions approved under this article and that circumstances
beyond the applicant's control prevent compliance with the time limits ofFWCC 22 157.
(c) Fee. The applicant shall include, with the letter of request, the fee as established by the city. The
application .",ill not be accepted unless it is accompanied by the required fee.
(d) Review process. An application for a time extension v,ill be reviewed and decided upon by the
director of community development services.
(e) ,^.ppcals. ,\ny person \vho is aggrievcd by the granting or denying of a rcquest for a time extension
undcr this section may appcal that decision. The appellant must filc a letter of appeal indicating how the
decision on the time extension effccts the appellant's property and presenting any relevant material or
information supporting the appellant's contention. The appeal will be heard and decided upon using
process IV, described in this article. ,^JlY time limit, pursuant to Chaptcr 36.70B RCW, upon the city's
processing and decision upon applications under this chapter may, except as otherwise specifically stated
in this chapter, be modified by a '/lritten agreement between the applicant and the director of community
development services. (Ord. No. 90 13, ~ 2(150.135(2)), 2 27 90; Ord. No. 92 133, ~ 3(150.135(2)), 1
21 92; Ord. 1'10.97 291, ~ 3, 1 1 97)
SECTION 106. Chapter 22, Article VII, Section 22-459, of the Federal Way City Code is hereby
repealed as follows:
22 459 Bonds.
The hearing examincr and city council may rcquire a bond under FWCC 22 116 to insure compliance
'/lith any aspect of a permit or approval. (Ord. No. 90 13, ~ 2(150.140), 22790; Ord. No. 92 133, ~
3(150.l10),12192;Ord.No.97291,~3,1197)
Ordinance No
Page 46 of 68
SECTION 107. Chapter 22, Article VII, Section 22-460, of the Federal Way City Code is hereby
repealed as follows:
22 460 Complete eamplianee required.
(a) Generally. Except as specified in subsection (b) of this section, the applicant must comply with all
aspects, including conditions and restrictions, of an approval granted under this article in order to do
everything authorized by that approval.
(b) Exception SubsequCfl:t modification. If a specific use or site configuration for the subject
property was appro'.ed under this article or any quasi judicial process under a preyious zoning code, the
applicant is not required to apply for and obtain approval tm-ough this article for a subsequent change in
use or site configuration unless:
(1) There is a change in use and this chapter establishes different or more rigorous standards for
the nevI use than for the existing use; or
(2) The director of community development services determines that there will be substantial
changes in the impacts on the neighborhood or the city as a result of the change. (Ord. No. 90 43, ~ 2
(150.115),22790; Ord. No. 92 133, ~ 3(150.115), 1 21 92; Ord. No. 97 291, ~ 3, 1 1 97)
SECTION 108. Chapter 22, Article VIII, Section 22-476, of the Federal Way City Code shall be
amended to read as follows:
22-476 Process V 2enerally. Administration.
Application for a quasi-iudicial rezones must be reviewed and decided upon under process V. This
article describes process V. Under process V, the hearing examiner will hold a public hearing and based
on the record of that hearing make a recommendation to city council, which will then decide upon the
application. (Ord. No. 97-291, S 3,4-1-97)
SECTION 109. Chapter 22, Article VIII, Section 22-477, of the Federal Way City Code shall be
amended to read as follows:
22-477 Types of rezones.
W There are two types of quasi-judicial rezones as follows:
(1) Non-project-related. A quasi-judicial rezone will be treated as non-project-related if:
{a} The proposed rezone is initiated by the city and the subject property is not owned by the
city; or
{b} The proposed rezone is from one single-family residential zone classification to another
single-family residential zone classification.
(2) Project-related. A quasi-judicial rezone will be treated as project-related when it does not
meet the requirements of subsection W( 1) of this section. All project related rezones require a specific
development proposal for the subject property. (Ord. No. 97-291, S 3,4-1-97)
SECTION 110. Chapter 22, Article VIII, Section 22-478, of the Federal Way City Code is hereby
repealed as follows:
Ordinance No
Page 47 of 68
22 478 .-\pplieatioBs.
(a) Who may apply. .^J1Y person may, personally or through an agent, apply for a decision regarding
property he or she owns.
(b) How to apply. The applicant shall file the following information with the department of
community development services:
(1) A complcted application, with supporting affidavits, on forms pro'lided by the department of
community development services;
(2) T'lIo sets of stamped envelopes, and a list of the same, labeled with the name and address of
all current owncrs of real property, as ShOVlll in the records of the county assessor for the subject property,
\vithin 300 feet of each boundary ofthe subject property;
(3) A copy of thc county assessor's map identifying the propcrties specified in subsection (b )(2)
of this section;
(1) A vicinity map showing the subj ect property "lith enough information to locatc the property
within the larger area;
(5) .^J1Y information or matcrial that is specified in the pro'lision of this chapter that describes the
applied for decision;
(6) .'\Il information specified in FWCC 22.31; and
(7) l\ny additional information or material that the director of community development services
dctermines is rcasonably neccssary for a decision on the matter.
(c) Fee. With the application the applicant shall submit the fee established by the city. The application
''vill not be accepted unless it is accompanied by the required fee and meets the requirements of FWCC
22Jl and this scction rclating to what constitutes a complete application. (Ord. No. 97 291, ~ 3, 1 1 97;
Ord. No. 99337, S 2,3 2 99; Ord. No. 00375, S 16, 10 3 00)
SECTION 111. Chapter 22, Article VIII, Section 22-479, of the Federal Way City Code shall be
amended to read as follows:
22-479 Compliance with State Environmental Policy Act.
The State Environmental Policy Act applies to the decisions that will be made using this article. The
director of community development services shall evaluate each application and, where applicable,
comply with the State Environmental Policy Act and with state regulations and city ordinances issued
under the authority of the State Environmental Policy Act. (Ord. No. 97-291, ~ 3,4-1-97)
SECTION 112. Chapter 22, Article VIII, Section 22-480, of the Federal Way City Code shall be
amended to read as follows:
22-480 Official file.
(a) Contents. The director of community dcvelopment services shall compile an official file on the
application containing the following:
(1) All application materials submitted by the applicant.
(2) The staff report.
(3) All written comments received on the matter.
(4) The electronic recording of the public hearing on the matter.
(5) The recommendation of the hearing examiner.
(6) The electronic sound recording and minutes of the city council proceedings on the matter.
(7) The decision of city council.
(8) Any other information relevant to the matter.
Ordinance No
Page 48 of 68
(b) Availability. The official file is a public record. It is available for inspection and copying in the
department of community development services during regular business hours. (Ord. No. 97-291, S 3,4-
1-97)
SECTION 113. Chapter 22, Article VIII, Section 22-481, of the Federal Way City Code shall be
amended to read as follows:
22-481 Notice.
(1) Content. The director of community development services shall, 'Nithin 11 days of issuing a letter
of completeness on the proposal, prepare a notice of application containing the following information:
(a) The name of the applicant and, if applicable, the project name.
(b) The date of application, the date of the notice of completion for the application, and the date
ef the notice of application.
(c) The street address of the subject property or, if this is not available, a description of the
location of the property in non-legal language. Except for notice published in a newspaper of general
circulation in the city, the notice must also include a vicinity map that identifies the subject property.
(d) A brief description of the requested decision, including a citation to the provision of this
chapter governing the request, a list of the project permits included in the application and, if applicable, a
list of any studies requested under RCW 36.70A.440. To the extent known by the city, the notice shall
include any other permits which are not included in the application.
( e) The date, time, and place of the public hearing.
(f) A statement of the availability of the official file.
(g) A statement of the right of any person to submit written or oral comments to the hearing
examiner regarding the application.
(h) The identification of existing environmental documents that evaluate the proposed project and
the location where the application and any studies can be reviewed.
(i) A statement of the preliminary determination, if one has been made at the time of notice, of
those development regulations that will be used for project mitigation.
(2) Distribution. The director of community development services shall distribute this notice at least
14 calendar days before the public hearing as follows:
(a) A copy will be sent to the persons receiving the property tax statements for all property within
300 feet of each boundary of the subject property.
(b) A copy will be published in the newspaper of general circulation in the city.
(c) A copy will be posted on each of the official notification boards of the city.
(3) Public notification sign. The applicant shall erect at least one public notification sign which
complies with standards developed by the department of community development services at least 10
calendar days before the public hearing. This sign shall be located on or near the subject property facing
the right-of-way or vehicle access easement or tract providing direct vehicle access to the subject
property. The director of community de';elopment services may require the placement of additional public
notice signs on or near the subject property if he or she determines that this is appropriate to provide
notice to the public. The sign shall be removed within seven calendar days after the final decision of the
city on the matter.
(1) Timing. The public notification sign or signs must be in place at least 10 calendar days before the
public hearing and removed within seyen calendar days after the final decision of the city on the matter.
(Ord. No. 97-291, S 3,4-1-97; Ord. No. 99-337, S 2, 3-2-99)
SECTION 114. Chapter 22, Article VIII, Section 22-482, of the Federal Way City Code shall be
amended to read as follows:
Ordinance No
Page 49 of 68
22-482 Staff report.
(a) Contents. The director of COrllilRlllity deyelopment services shall prepare a staff report containing
the following information:
(1) All pertinent application materials.
(2) All comments regarding the matter received by the department of community development
services prior to distribution of the staff report.
(3) An analysis of the application under the relevant provisions of this chapter and the
comprehensive plan.
(4) A statement of the facts found by the director of community development services and the
conclusions drawn from those facts.
(5) A recommendation on the matter.
(b) Distribution. At least seven calendar days before the hearing, the director of community
development scrvices shall distribute the staff report to the following people: the hearing examiner. the
applicant or appellant. and to any person who specifically requested it. as follows:
(1) ,^. copy 'vvill be sent to the hearing examiner.
(2) ,A. copy will be sent to the applicant.
(3) ,A. copy will be sent to each person '.vho has specifically requested it. (Ord. No. 97-291, ~ 3,4-
1-97)
SECTION 115. Chapter 22, Article VIII, Section 22-483, of the Federal Way City Code shall be
amended to read as follows:
22-483 Open record hearing.
(al) Generally. General. The hearing examiner shall hold an open record hearing on each application
that is open to the public. The hearing examiner shall make a complete electronic sound recording of each
public hearing.
(b) Open to public. The hearings of the hearing examiner are open to the public.
(2) Participation. Any person may participate in the hearing under this process in either or both of the
following ways:
(a) By submitting written comments to the hearing examiner, either by delivering these comments
to the department prior to the hearing or by giving these directly to the hearing examiner at the hearing.
(b) By appearing in person, or through a representative. at the hearing and making oral comments
directly to the hearing examiner. The hearing examiner may reasonably limit the extent of oral comments
to facilitate the orderly and timely conduct of the hearing.
(3) Continuation. The hearing examiner may continue the hearing if, for any reason. he or she is
unable to hear all of the public comments on the matter or if the hearing examiner determines that he or
she needs more information on the matter. If. during the hearing, the hearing examiner announces the
time and place of the next hearing on the matter and a notice thereof is posted on the door of the hearing
room, no further notice of that hearing need be given.
(e1) Effect. The hearing of the hearing examiner is the hearing for city council on the application.
(Ord. No. 97-291, ~ 3,4-1-97)
SECTION 116. Chapter 22, Article VIII, Section 22-484, of the Federal Way City Code is hereby
repealed as follows:
22 484 Eleetronie sOllnd reeording.
The hearing examiner shall make a complete clectronic sound recording of each public hearing. (Ord.
No.97291,~3,11 97)
Ordinance No
Page 50 0[68
SECTION 117. Chapter 22, Article VIII, Section 22-485, of the Federal Way City Code shall be
amended to read as follows:
22-485 Burden of proof.
The applicant has the responsibility of convincing persuading the eity hearing examiner ~
preponderance of the evidence that, under the provision of this article, the applicant is entitled to the
requested decision. The hearing examiner shall give great deference to the agency's interpretation of its
own properly promulgated regulations or matters within its expertise. The hearing examiner may take
notice of:
(1 ) Any iudicially cognizable facts;
(2) Technical or scientific facts within the agency's specialized knowledge; and
(3) Codes or standards that have been adopted by an agency of the United States. of this state or
of another state, or by a nationally recognized organization or association. (Ord. No. 97-291, ~ 3, 4-1-97)
SECTION 118. Chapter 22, Article VIII, Section 22-486, of the Federal Way City Code is hereby
repealed as follows:
22 486 Publie eomments and partieipation at the hearing.
,'\ny person may participate in the public hearing in either or both of the following ways:
(1) By submitting written comments to the hearing examiner, either by delivering these comments
to the department of community development services prior to the hearing or by giving these directly to
the hearing examiner at the hearing.
(2) By appearing in person, or through a representative, at the hearing and making oral comments
directly to the hearing examiner. The hearing examiner may reasonably limit the extent of oral comments
to facilitate the orderly and timely conduct of the hearing. (Ord. No. 97 291, ~ 3, 1 1 97)
SECTION 119. Chapter 22, Article VIII, Section 22-487, of the Federal Way City Code is hereby
repealed as follows:
22 487 Continuation of the hearing.
The hearing examiner may continue the hearing if, for any reason, he or she is unable to hear all of
the public comments on the matter or if the hearing examiner determines that he or she needs more
information on the matter. If, during the hearing, the hearing examiner announces the time and plaee of
the next hearing on the matter and a notice thereof is posted on the door of the hearing room, no further
notice of that hearing need be giyen. (Ord. No. 97 291, ~ 3, '1 1 97)
SECTION 120. Chapter 22, Article VIII, Section 22-488, of the Federal Way City Code shall be
amended to read as follows:
22-488 Recommendation by the hearing examiner.
(a1) Generally. After considering all of the information and comments submitted on the matter, the
hearing examiner shall issue a written recommendation to the city council.
(132) Timing. Unless a longer period is agreed to by the applicant, the hearing examiner must issue the
recommendation within 10 working days after the close of the public hearing.
Ordinance No
Page 51 of68
(e1) Decisional criteria. The hearing examiner shall use the following criteria for quasi-judicial
rezones:
(+.i!) The city may approve an application for a quasi-judicial nonproject rezone only if it finds
that:
(i)i:r.- The proposed rezone is in the best interest of the residents of the city; and
@&.- The proposed rezone is appropriate because either:
{A}-h Conditions in the immediate vicinity of the subject property have so significantly
changed since the property was given its present zoning and that, under those changed conditions, a
rezone is within the public interest; or
fID~ The rezone will correct a zone classification or zone boundary that was
inappropriate when established;
.ilii}e-: It is consistent with the comprehensive plan;
(iv)th It is consistent with all applicable provisions of the chapter, including those adopted by
reference from the comprehensive plan; and
We:- It is consistent with the public health, safety, and welfare.
(~Q) The city may approve an application for a quasi-judicial project related rezone only if it finds
that:
illw. The criteria in subsection (e1)(+.i!) of this section are met; and
@&.- The proposed project complies with this chapter in all respects; and
(iii)e-: The site plan of the proposed project is designed to minimize all adverse impacts on the
developed properties in the immediate vicinity of the subject property; and
(iv)th The site plan is designed to minimize impacts upon the public services and utilities; and
We:- The rezone has merit and value for the community as a whole.
(e~D Conditions and restrictions. The hearing examiner shall include in the written recommendation
any conditions and restrictions that the examiner determines are reasonably necessary to eliminate or
minimize any undesirable effects of granting the requested rezone.
(e~) Contents. The hearing examiner shall include the following in the written recommendation to
city council:
(+.i!) A statement of facts presented to the hearing examiner that supports his or her
recommendation, including any conditions and restrictions that are recommended.
(~Q) A statement of the hearing examiner's conclusions based on those facts.
(~~) A statement of the criteria used by the hearing examiner in making the recommendation.
(4.d) The date of issuance of the recommendation.
(fQ) Distribution of written recommendation. The director of community development services shall
distribute copies of the recommendation of the hearing examiner as follows:
(+.i!) After the hearing examiner's written recommendation is issued, a copy will be sent to the
applicant, to each person who submitted written or oral testimony to the hearing examiner, and to each
person who specifically requested it.
(~Q) Prior to the meeting where city council considers the application, a copy will be sent to each
member of city council. The director of community development services shall include a draft resolution
or ordinance that embodies the hearing examiner's recommendation with the copy of the recommendation
sent to each city council member. (Ord. No. 97-291, S 3, 4-1-97; Ord. No. 99-337, S 2, 3-2-99; Ord. No.
02-424, S 3,9-17-02)
SECTION 121. Chapter 22, Article VIII, Section 22-489, of the Federal Way City Code shall be
amended to read as follows:
Ordinance No
Page 52 of68
22-489 City council action.
(a1) Generally. The city council shall consider the application at a scheduled meeting within 90
calendar days of the date of issuance of the hearing examiner's recommendation. This time period may be
extended upon written agreement of the director of community development services and the applicant.
Calculation of this time period shall not include any time necessary for a reopening of the hearing before
the hearing examiner under subsection (c) of this section.
(b2) Supplemental distribution. The director of community development services shall promptly send
to each city council member any ether relevant information not previously distributed to council
members.
(el) Scope of review. The city council review of the rezone application shall be limited to:
U!l The record of the hearing before the hearing examiner;
(Q} Oral comments received during the public meeting (so long as those comments that do not
raise new issues or introduce information not contained in the examiner's recordj, ami
W The hearing examiner's written report~7
(d) Evidence within the scope of the appeal that was not presented to or considered by the hearing
examiner. but only if:
i. At the time of the hearing examiner's decision the party offering the evidence did not know
of the evidence, was under no duty to discover the evidence. and could not have reasonably discovered
the evidence; or
ii. The hearing examiner improperly excluded or omitted the evidence from the record.
These materials shall be reviewed for compliance with review criteria set forth in F\VCC 20 ] 25. +he
city council may also receiye and revievl new evidence or information not contained in the record of
hearing before the hearing examiner, but only if that evidence or information: (]) relates to the '.alidity of
the hearing examiner's decision at the time it ';.as made and the party offering the ne'l-'I evidence did not
Imow and was under no duty to discover or could not reasonably have discovered the e'lidence until after
the hearing examiner's decision; or (2) the hearing examiner improperly excluded or omitted the evidence
from the record.
(4) Remand. If the city council concludes, based upon a challenge to the hearing examiner
recommendation or upon its own review of the recommendation, that the record compiled by the hearing
examiner is incomplete or inadequate to allow the city council to make a decision on the application, the
city council may, by motion, remand the matter to the hearing examiner with the direction to reopen the
hearing and provide supplementary findings and/or conclusions on the matter or matters specified in the
motion.
(e~) City council decision. After consideration of the entire matter using the criteria listed in FWCC
22-488. and upon approval by a maiority of the total membership. the city council shall, by action
approved by a majority of the total membership, take one of the following actions:
(h) Project-related rezone. The city council has the option to:
ai. Grant the application as proposed; or modify and grant the application. In either case, it
shall give effect to this decision by adopting a resolution of intent to rezone.
bi!. Deny the application. The city council shall give effect to this decision a denial by
adopting a resolution pursuant to subsection (g) of this section.
(~h) Nonproject rezone. The city council has the option to:
ai. Approve the application, or modify and approve the application. In either case, it shall
give effect to this decision by adopting an ordinance amending the zoning map of the city.
ei!. Deny the application. The city council shall give effect to this decision a denial by
adopting a resolution pursuant to subsection (g) of this section.
(e) Decisional criteria. The city council shall use the criteria listed in FWCC 22 488(c).
(f~) Conditions and restrictions. The city council shall include in the ordinance or resolution
granting the rezone any conditions and restrictions it determines are necessary to eliminate or minimize
Ordinance No
Page 53 of68
any undesirable effects of granting the rezone. Any conditions and restrictions that are imposed become
part of the decision.
(gg) Findings of fact and conclusions. The city council shall include in the ordinance or
resolution:
~ fB A statement of the facts that support the decision, including any conditions and
restrictions that are imposed; and
ii. Rf The city council's conclusions based on those facts.
(h~) Effect. The decision of city council on an application for either a non project or pmject
related rezone is the final decision of the city. (Ord. No. 97-291, 9 3,4-1-97)
SECTION 122. Chapter 22, Article VIII, Section 22-490, of the Federal Way City Code shall be
amended to read as follows:
22-490 Notice of final decision.
(a) General. Following the final decision by the city council, the director of community development
scrvices shall prepare a notice of the city's final decision on the application.
(b) Distribution. After the city council's decision is made, the director of community development
services shall distribute a copy of the notice of the final decision as follows:
(1) A copy will be mailed to the applicant.
(2) A copy will be mailed to any person who submitted written or oral comments to the hearing
exammer.
(3) A copy will be mailed to each person who has specifically requested it.
(4) A copy will be mailed to the King County assessor. (Ord.No. 97-291, 9 3,4-1-97)
SECTION 123. Chapter 22, Article VIII, Section 22-491, of the Federal Way City Code shall be
amended to read as follows:
22-491 Effect of city council approval of project-related rezone.
(a) Effect on the applicant. The applicant may, subject to all applicable codes and ordinances, develop
the subject property in conformity with the resolution of intent to rezone and the site plan approved as
part of that resolution.
(b) Effect on the city. If the applicant completes development of the subject property in conformity
with the resolution of intent to rezone and the site plan approved as part of that resolution, the city shall
give effect to the rezone by adopting an ordinance that makes the zone boundary or classification change
to the zoning map approved in the resolution of intent to rezone.
(c) Activity after notice. The applicant may not engage in any activity based on the decision until the
third working day after the notice of the final decision is distributed under FWCC 22-490.
(d) Nonproject rezone. If the city council approves a quasi judicial nonproject rezonc it will give
effect to this decision by adopting an ordinancc amending the zoning map of the cit)'. (Ord. No. 97-291, 9
3, 4-1-97)
SECTION 124. Chapter 22, Article VIII, Section 22-492, of the Federal Way City Code shall be
amended to read as follows:
22-492 Modifications.
(a) Minor modifications. Subsequent to the adoption of the resolution of intent to rezone, the
applicant may apply for a minor modification to the site plan approved as part of that resolution. The city
Ordinance No
Page 54 of 68
will use process III described in FWCC 22 386 through 22 '111 to review and decide upon an application
for a minor modification. The city may approve a minor modification only if it finds that:
(1) The change will not result in reducing the landscaped area, buffer areas, or the amount of
open space on the project;
(2) The change will not result in increasing the residential density or gross floor area of the
project;
(3) The change will not result in any structure, or vehicular circulation or parking area being
moved more than 10 feet in any direction and will not reduce any required yard;
(4) The change will not result in any increase in height of any structure;
(5) The change will not result in a change in the location of any access point to the project; and
(6) The change will not increase any adverse impacts or undesirable effects of the project and that
the change in no way significantly alters the project. (Ord. No. 97-291, S 3,4-1-97)
SECTION 125. Chapter 22, Article VIII, Section 22-493, of the Federal Way City Code shall be
amended to read as follows:
22-493 Major modifications.
If the applicant seeks a modification to the approved site plan that does not meet all of the
requirements of this section, the applicant may do so by submitting the application material required for a
new quasi-judicial project-related rezone. The city will process and decide upon this application as if it
were an application for a new quasi-judicial project-related rezone. (Ord. No. 97-291, S 3, 4-1-97)
SECTION 126. Chapter 22, Article VIII, Section 22-494, of the Federal Way City Code shall be
amended to read as follows:
22-494 Judicial review.
The final decision a€ti-eft of the city in granting or denying an application under this article may be
reviewed pursuant to Chapter 36.70C RCW in King County superior court. The land use petition shall be
filed within 21 calendar days of the issuance of the final land use decision ofthe city. (Ord. No. 97-291, S
3, 4-1-97)
SECTION 127. Chapter 22, Article VIII, Section 22-495, of the Federal Way City Code is hereby
repealed as follows:
22 495 Lapse of approval.
The applicant must begin construction, or submit to the city a complete building permit application
for the de'lelopment acti'lity, use of land, or other actions approved under this article within one year after
the final decision on the matter, or the decision becomes '.oid, provided the city council may, in the
resolution of intent to rezone, extend the time limits contained herein. The applicant must substantially
complete construction for the development acti'.ity, use of land, or other actions approved under this
article and complete the applicable conditions listed in the decision within five years after the final
decision of the city on the matter, or the decision becomes void. If litigation is initiated pursuant to this
article, the time limits of this section are automatically extended by the length of time between the
commencement and final termination of that litigation. If the development activity, use of laild, or other
action approved under this article includes phased construction, the time limits of this subsection may be
extended in the decision on the application. (Ord. No. 97 291, ~ 3, 1 1 97)
Ordinance No
Page 55 of68
SECTION 128. Chapter 22, Article VIII, Section 22-496, of the Federal Way City Code is hereby
repealed as follows:
22 496 Time extension.
(a) .^.pplication. Prior to the lapse of approyal for a project related rezone under FWCC 22 495, the
applicant may submit a written application in the form of a letter "'lith supporting documentation to the
department of community development services requesting a one time extension of those time limits of
up to one year.
(b) Criteria. The request must demonstrate that the applicant is making substantial progress on the
de','elopment acti'.'ity, use of land, or other actions approved under this article and that circumstances
beyond the applicant's control prevent compliance with the time limits of FWCC 22 195.
(c) Fee. The applicant shall include, with the letter of request, the fee as established by the city. Thc
application will not be accepted unless it is accompanied by the required fee.
(d) Revie\v process. "^.n application for a time extension will be reyiewed and decided upon by the
director of community development services.
(e) "^oppeals. "^.ny person who is aggrieved by the granting or denying of a request for a time extension
under this section may appeal that decision. The appellant must file a letter of appeal indicating how the
decision on the time extension effects the appellant's property and presenting any relevant material or
information supporting the appellant's contention. The appeal will be heard and decided upon using
process IV, described in FWCC 22 476 et seq. "^oilY time limit, pursuant to Chapter 36.70B RC\V, upon
the city's processing and decision upon applications under this article may, except as othenvise
specifically stated in this chapter, be modified by a v/ritten agreement between the applicant and the
director of community deyelopment services. (Ord. No. 97 291, ~ 3, 1 1 97)
SECTION 129. Chapter 22, Article VIII, Section 22-497, of the Federal Way City Code is hereby
repealed as follows:
22 497 Bonds.
The city may require a bond under FWCC 22 146 et seq. to ensure compliance '/lith any aspect of the
permit or approval. (Ord. No. 97 291, ~ 3, 1 1 97)
SECTION 130. Chapter 22, Article VIII, Section 22-498, of the Federal Way City Code is hereby
repealed as follows:
22 498 Complete compliance required.
(a) General. Except as specified in subsection (b) of this section, the applicant must comply with all
aspects, including conditions and restrictions, of an approval granted under this article in order to do
e','erything authorized by that approval.
(b) Exception Subsequent modification. If a specific use or site plan for the subj ect property 'Jlas
approved under this article, or any quasi judicial process under a preyious zoning code, the applicant is
not required to apply for and obtain approval through this article for a subsequent change in a use or site
plan unless:
(1) There is a change in use and this chapter establishes different or more rigorous standards for
the new use than for the existing use; or
(2) The director of community development services determines that there will be substantial
changes in the impacts on the neighborhood or the city as a result of the change. (Ord. No. 97 291, ~ 3, 1
-l--9fj
Ordinance No
Page 56 of68
SECTION 131. Chapter 22, Article IX, Section 22-516, of the Federal Way City Code shall be
amended to read as follows:
22-516 Purpose.
Various places in this chapter indicate that certain proposals to amend the zoning map through a
legislative rezone, amend the text of this chapter development regulations, or amend the comprehensive
plan must be reviewed and decided upon using process VI. This article describes process VI. (Ord. No.
99-337, S 2, 3-2-99; Ord. No. 02-426, S 3, 10-15-02)
SECTION 132. Chapter 22, Article IX, Section 22-517, of the Federal Way City Code shall be
amended to read as follows:
22-517 Initiation of proposals.
A proposal that will be reviewed using this article may be initiated by the city council, ef ~ council
committee, or requested by the planning commission, city staff, or any interested person, including
applicants, citizens, hearing examiners, and staff of other agencies. (Ord. No. 99-337, S 2, 3-2-99; Ord.
No. 02-426, S 3, 10-15-02)
SECTION 133. Chapter 22, Article IX, Section 22-518, of the Federal Way City Code shall be
amended to read as follows:
22-518 Docket.
The department of community development services shall maintain a docket of all proposals to
amend changes to the comprehensive plan or development regulations and proposed submitted by any
interested persons" (including development applicants, citizens, hearing examiners, and/or other agencies
and staff). (Ord. No. 99-337, S 2, 3-2-99; Ord. No. 02-426, S 3, 10-15-02)
SECTION 134. Chapter 22, Article IX, Section 22-519, of the Federal Way City Code shall be
amended to read as follows:
22-519 Compliance with State Environmental Policy Act.
The State Environmental Policy Act applies to some of the decisions that will be made using this
article. The director of community development services shall evaluate each proposal and, where
applicable, comply with the State Environmental Policy Act and with state regulations and city
ordinances issued under authority of the State Environmental Policy Act. (Ord. No. 99-337, S 2, 3-2-99;
Ord. No. 02-426, S 3, 10-15-02)
SECTION 135. Chapter 22, Article IX, Section 22-520, of the Federal Way City Code shall be
amended to read as follows:
22-520 City council review.
Will Docketed amendment requests proposals. The city council shall review all requests docketed
proposals with the department of community development services concurrently, on an annual basis and
consistent with RCW 36.70A.130(2). As part of such annual review, the council shall review all requests
Ordinance No
Page 57 of68
docketed proposals received prior to September 30th of the calendar year. Requests Docketed proposals
submitted after September 30th shall be considered during the following annual review.
fbjill Other amendments. The city council shall re'.iew city-initiated changes to the text amendments
of the comprehensive plan shall be reviewed concurrently with docketed amendment requests proposals.
The city council may also review or amend the comprehensive plan: whenevcr an emergency exists, to
resolve an appeal of the comprehensive plan or amendments thereto, or in other cireumstances as
pro'.ided for by RCW 36.70A 130(2)(a).
(a) If an emergency exists. which is defined as an issue of community-wide significance that
promotes the public health. safety. and general welfare;
(b) To resolve an appeal of a comprehensive plan filed with a growth management hearings board
or with the court;
(c) To adopt or amend a shoreline master program under the procedures set forth in Chapter 90.58
RCW;
(d) The initial adoption of a subarea plan that does not modify the comprehensive plan policies
and designations applicable to the subarea;
(e) The amendment of the capital facilities element of the comprehensive plan that occurs
concurrently with the adoption or amendment of the city budget. The city council will hold the public
hearing on this matter rather than the planning commission; and
(f) In other circumstances as provided for by RCW 36.70A.130(2)(a).
The city council may alse review city-initiated changes to the text of this chapter development
regulations or to the city's zoning map from time to timc concurrently with the docketed proposals or at
the council's discretion.
fe1ill Additional information. The city council may request, through the city manager, that the
department of community dcvelopment services or any other department of the city provide any
information or material on the f! proposal(s), consistent with FWCC 22-531. (Ord. No. 99-337, S 2, 3-2-
99; Ord. No. 02-426, S 3, 10-15-02)
SECTION 136. Chapter 22, Article IX, Section 22-521, of the Federal Way City Code shall be
amended to read as follows:
22-521 Timing of filing - Notice.
Sixty days prior to September 30th in each calendar year, the city shall notify all persons who
submitted docket forms after September 30th of the previous calendar year. Notice shall also be given as
follows:
(1) Public notice notifying the public that the amendment process has begun shall be published in
the city's official newspaper.
(2) Notice shall be posted on the official city public notice boards.
(3) A copy of the notice shall be mailed to other local newspapers.
(4) All agencies, organizations, and adjacent jurisdictions with an interest, and all persons, who in
the judgment of the director of community development services may be directly affected by changes to
the comprehensive plan or development regulations shall be sent a copy of the notice. In determining who
may be affected by changes to the comprehensive plan or development regulations, the director may rely
on written correspondence indicating an interest and received after September 30th of the previous year.
(Ord. No. 99-337, S 2, 3-2-99; Ord. No. 02-426, S 3, 10-15-02)
SECTION 137. Chapter 22, Article IX, Section 22-522, of the Federal Way City Code shall be
amended to read as follows:
Ordinance No
Page 58 of 68
22-522 Application.
(a) Who may apply. Any person may, personally or through an agent, apply for a site-specific
comprehensive plan designation change with respect to property he or she owns. In addition, any person
may, personally or through an agent, request amendments to changes to the text of the comprehensive
plan or development regulations codified in this chapter.
(b) How to apply. An applicant must complete an application form prepared by the city. An applicant
seeking a change in comprehensive plan designation and zoning for a specific parcel shall also file the
information specified in FWCC 22 178 32.5 with the department of community de'lelopment services.
(c) The director of community dC'lelopment services shall have the authority to waive any of the
requirements of this section, if in the director's discretion, such information is not relevant or would not
be useful to consideration of the proposed amendment.
(d) Fee. There is no fee for this initial application. After the prioritization process, applications to be
considered during the amendment process shall submit the fee established by the city. (Ord. No. 99-337, S
2, 3-2-99; Ord. No. 02-426, S 3, 10-15-02)
SECTION 138. Chapter 22, Article IX, Section 22-523, of the Federal Way City Code shall be
amended to read as follows:
22-523 Criteria for prioritizing plan requests Prioritizin2 docketed proposals.
(a) After September 30th but prior to adopting any docketed proposals amendment requests, the city
council shall hold a public hearing and select those docketed proposals requests it wishes to further
consider for adoption and for staff to research further.
(b) The city council shall consider the following criteria following a public hearing in selecting the
docketed proposals comprehensive plan amendments or development regulations to be considered during
the upcoming cycle:
(1) Whether the same area or issue was studied during the last amendment process and conditions
have significantly changed so as to make the requested change within the public interest.
(2) Whether the proposed amendment is consistent with the overall vision of the comprehensive plan.
(3) Whether the proposed amendment meets existing state and local laws, including the Growth
Management Act.
(4) In the case of text amendments or other amendments to goals and policies, whether the request
benefits the city as a whole versus a selected group.
(c) Ifthe request meets the criteria set forth in subsections (b)(l) through (b)(4) of this section, it shall
be further evaluated according to the following criteria:
(1) Whether the proposed amendment can be incorporated into planned or active projects.
(2) Amount of analysis necessary to reach a recommendation on the request. If a large scale study
is required, a request may have to be delayed until the following year due to work loads, staffing levels,
etc.
(3) Volume of requests received. A large volume of requests may necessitate that some requests
be reviewed in a subsequent year.
(4) Order of requests received.
(d) Based on its review of the docketed proposals requests according to the criteria in subsections (b)
and (c) of this section, the council shall determine which docketed proposals requests shall be further
considered for adoption, and shall forward those requests to the planning commission for its review and
recommendation.
(e) The council's decision to consider a docketed proposal proposed amendment shall not constitute a
decision or recommendation that the proposal proposed amendment should be adopted nor does it
preclude later council action to add or delete an amendment for consideration. (Ord. No. 99-337, S 2, 3-2-
99; Ord. No. 02-426, S 3, 10-15-02)
Ordinance No
Page 59 of 68
SECTION 139. Chapter 22, Article IX, Section 22-528, of the Federal Way City Code shall be
amended to read as follows:
22-528 Zoning text Development re2ulation amendment criteria.
The city may amend the text of this chapter development regulations only if it finds that:
(1) The proposed amendment is consistent with the applicable provisions of the comprehensive
plan;
(2) The proposed amendment bears a substantial relation to public health, safety, or welfare; and
(3) The proposed amendment is in the best interest of the residents of the city. (Ord. No. 99-337,
S 2, 3-2-99; Ord. No. 02-426, S 3, 10-15-02)
SECTION 140. Chapter 22, Article IX, Section 22-531, of the Federal Way City Code shall be
amended to read as follows:
22-531 Official file.
(a) Contents. The director of community development services shall compile an official file
containing all information and materials relevant to the proposal and to the city's consideration of the
proposal.
(b) Availability. The official file is a public record. It is available for inspection and copying in the
department of community development during regular business hours. (Ord. No. 99-337, S 2, 3-2-99;
Ord. No. 02-426, S 3, 10-15-02)
SECTION 141 Chapter 22, Article IX, Section 22-532, of the Federal Way City Code shall be
amended to read as follows:
22-532 Notice.
Notice provisions under this section shall be followed for both the public hearing during which all
docketed proposals requests for changos to the comprehensiye plan map designation, zoning map, tm(t of
the comprehonsive plan, and text of the de'lelopment regulations are prioritized by the city council, as
well as the public hearing held by the planning commission.
(1) Contents. The director of community development services shall prepare a notice of each
proposal, for which a public hearing will be held, containing the following information:
a. The citation, if any, of the provision that would be changed by the proposal along with a
brief description of that provision.
b. A statement of how the proposal would change the affected provision.
c. A statement of what areas, comprehensive plan designations, zones, or locations will be
directly affected or changed by the proposal.
d. The date, time, and place of the public hearing.
e. A statement of the availability of the official file.
r. A statement of the right of any person to submit written comments to the planning
commission and to appear at the public hearing of the planning commission to give comments orally.
(2) Distribution. The director of community development services shall distribute this notice at
least 14 calendar days before the public hearing following the procedures of FWCC 22-521. In addition,
the procedures of FWCC 22-481 shall be followed for site-specific requests regarding notification of
adjacent property owners posting of the site. (Ord. No. 99-337, S 2, 3-2-99; Ord. No. 02-426, S 3, 10-15-02)
Ordinance No
Page 60 of 68
SECTION 142. Chapter 22, Article IX, Section 22-533, of the Federal Way City Code shall be
amended to read as follows:
22-533 Staff report.
(a) General. The director of community development services shall prepare a staff report containing:
(1) An analysis of the proposal and a recommendation on the proposal; and
(2) Any other information the director of community development services determines is
necessary for consideration of the proposal, consistent with FWCC 22-526, 22-528, 22-529, and 22-530.
For site-specific comprehensive plan amendments, the provisions ofFWCC 22-488(c) shall also apply.
(b) Distribution. The director of community development services shall distribute the staff report as
follows:
(1) A copy will be sent to each member of the planning commission prior to the hearing.
(2) A copy will be sent promptly to any person requesting it. (Ord. No. 99-337, S 2, 3-2-99; Ord.
No. 02-426, S 3, 10-15-02)
SECTION 143. Chapter 22, Article IX, Section 22-534, of the Federal Way City Code shall be
amended to read as follows:
22-534 Public hearing.
(a) Generally. The planning commission shall hold public hearings on each proposal, consistent with
FWCC 22-535, unless the city council elects to hold its own hearings on the proposal, in which case
planning commission review pursuant to this article shall not be required.
(b) Open to public. The hearings of the planning commission are open to the public.
(c) Pursuant to FWCC 22-1674, when a development agreement and plan have been prepared, the city
council shall hold a public hearing.
(d) Effect. Except as provided in subsections (a) and (c) of this section, the hearing of the planning
commission is the hearing for city council. City council need not hold another hearing on the proposal.
(Ord. No. 99-337, S 2, 3-2-99; Ord. No. 02-426, S 3,10-15-02)
SECTION 144. Chapter 22, Article IX, Section 22-535, of the Federal Way City Code shall be
amended to read as follows:
22-535 Material to be considered.
(a) Generally. Except as specified in subsections (b), (c), and (d) of this section, the planning
commission and city council may consider any pertinent information or materials in reviewing and
deciding upon a proposal under this article.
(b) Exclusion. Except as specified in subsections (c) and (d) of this section, the city may not consider
a specific site plan or project in reviewing and deciding upon a proposal under this process.
(c) In the case of development agreements, the director of community development services may
require the applicant to submit any additional information or material that is reasonably necessary for a
decision on the matter, including a site development plan associated with a site-specific request.
(d) Exception for environment information. If a proposal that will be decided upon using this article is
part of a specific project, the city may consider all information pertaining to SEP A environmental review
and submitted under FWCC 22-519 in deciding upon that proposal. (Ord. No. 99-337, S 2, 3-2-99; Ord.
No. 02-426, S 3, 10-15-02)
Ordinance No
Page 61 of68
SECTION 145. Chapter 22, Article IX, Section 22-537, of the Federal Way City Code shall be
amended to read as follows:
22-537 Public comment and participation at the hearing.
Any interested person may participate in the public hearing in either or both of the following ways:
(1) By submitting written comments to the planning commission either by delivering these
comments to the department of community development services prior to the hearing or by giving them
directly to the planning commission at the hearing.
(2) By appearing in person, or through a representative, at the hearing and making oral comments.
The planning commission may reasonably limit the extent of oral comments to facilitate the orderly and
timely conduct of the hearing. (Ord. No. 99-337, S 2, 3-2-99; Ord. No. 02-426, S 3, 10-15-02)
SECTION 146. Chapter 22, Article IX, Section 22-539, of the Federal Way City Code shall be
amended to read as follows:
22-539 Planning commission - Recommendation.
(a) Generally. Following the public hearing, the planning commission shall consider the proposal in
light of the decisional criteria in FWCC 22-526, 22-528, 22-529, 22-530, and 22-488( c), and take one of
the following actions:
(1) If the planning commission determines that the proposal should be adopted, it may, by a
majority vote of the entire membership, recommend that city council adopt the proposal.
(2) If the planning commission determines that the proposal should not be adopted, it may, by a
majority vote of the members present, recommend that city council not adopt the proposal.
(3) If the planning commission is unable to take either of the actions specified in subsection (a)(l)
or (a)(2) of this section, the proposal will be sent to city council with the notation that the planning
commission makes no recommendation.
(b) Modification of proposal. The planning commission may modify the proposal in any way and to
any degree prior to recommending the proposal to city council for adoption. If the planning commission
fundamentally modifies the proposal, the planning commission shall hold a new public hearing on the
modified proposal as modified prior to recommending the proposal to city council for action. A proposal
is not fundamentally modified if:
0) An environmental impact statement has been prepared under chapter 43.21C RCW for the
proposal and the proposed change is within the range of alternatives considered in the environmental
impact statement;
(2) The proposed change is within the scope of the alternatives available for public comment; or
(3) The proposed change only corrects typographical errors, corrects cross-references. makes
address or name changes. or clarifies language of a proposal without changing its effect. (Ord. No. 99-
337, S 2, 3-2-99; Ord. No. 02-426, S 3,10-15-02)
SECTION 147. Chapter 22, Article IX, Section 22-540, of the Federal Way City Code shall be
amended to read as follows:
22-540 Planning commission - Report to city council.
(a) Generally. The director of community dcvelopmcnt services shall prepare a planning commission
report on the proposal containing a copy of the proposal, along with any explanatory information, and the
planning commission recommendation, if any, on the proposal.
Ordinance No
Page 62 of 68
(b) Transmittal to city council. The director of community development services shall transmit the
planning commission report to the city manager for consideration by city council.
(c) Distribution. The director of community developmcnt scrvices shall promptly send a copy of the
planning commission report to any person requesting it. (Ord. No. 99-337, 9 2, 3-2-99; Ord. No. 02-426,
93, 10-15-02)
SECTION 148. Chapter 22, Article IX, Section 22-541, of the Federal Way City Code shall be
amended to read as follows:
22-541 City council action.
(a) General. Within 6{) 90 days ofreceipt of the planning commission report by the city manager, the
city council shall consider the proposal along with a draft ordinance prepared by the city attorney,
appropriate to enact or adopt the proposal.
(b) Decisional criteria. In deciding upon the proposal, the city council shall use the decisional criteria
listed in the provisions of this chapter describing the proposal.
(c) City council action. After consideration of the planning commission report and, at its discretion,
holding its own public hearing on the proposal, the city council shall by majority vote of its total
membership:
(1) Approve the proposal by adopting an appropriate ordinance;
(2) Modify and approve the proposal by adopting an appropriate ordinance. If the council chooses
to modify an amendment to the comprehensive plan or a development regulation. and the change is
proposed after the opportunity for review and comment has passed. an opportunity for review and
comment on the proposed change shall be provided before council on the proposed change unless:
(i) An environmental impact statement has been prepared for the pending resolution or
ordinance and the proposed change is within the range of alternatives considered in the environmental
impact statement;
(ii) The proposed change is within the scope of the alternatives available for public comment;
(iii) The proposed change only corrects typographical errors. corrects cross-references. makes
address or name changes. or clarifies language of a proposed ordinance or resolution without changing its
effect;
(iv) The proposed change is to a resolution or ordinance making a capital budget decision that
is consistent with the comprehensive plan; or
(v) The proposed change is to a resolution or ordinance enacting a moratorium or interim
control and the council schedules a public hearing on the adopted moratorium or interim control within at
least 60 days of its adoption. and the council adopts findings of fact before or immediately after this
public hearing.
(3) Disapprove the proposal by resolution; or
(4) Refer the proposal back to the planning commission for further proceedings. If this occurs, the
city council shall specify the time within which the planning commission shall report back to the city
council on the proposal.
(5) If the city council determines that a development agreement shaH should be prepared for a
site-specific request, the city council shall recommend further analysis based on l\rticle A, Chapter 22.
Article XXI [Chapter 19.85 FWRC] Development Agreements. (Ord. No. 99-337, 9 2, 3-2-99; Ord. No.
02-426,93, 10-15-02)
SECTION 149. Chapter 22, Article IX, Section 22-543, of the Federal Way City Code shall be
amended to read as follows:
Ordinance No
Page 63 of 68
22-543 Appeals.
The action of the city in granting, modifying or denying an amendment to a development regulation
this chapter or to the comprehensive plan may be reviewed by the Central Puget Sound Growth
Management Hearings Board pursuant to Chapter 36.70A RCW. (Ord. No. 99-337, ~ 2, 3-2-99; Ord. No.
02-426, ~ 3, 10-15-02)
SECTION 150. Chapter 22, Article X, Section 22-548, of the Federal Way City Code shall be
amended to read as follows:
22-548 Process for deciding upon proposal.
(aD An application for a Class I temporary use shall be reviewed by the director of community
development services, under process I using FWCC 22-550, who shall issue a written determination
approving, conditionally approving or denying the temporary use permit within 10 days after the date of
application; provided that the director may require an application to be decided under process III using
FWCC 22-550 when it is determined that the degree and scope of potential impacts of the proposal
warrant such review.
(132) An application for a Class II temporary use shall be reviewed and decided upon using FWCC 22-
550, and process III, described in FWCC 22 386 et seq. (Ord. No. 90-43, ~ 2(127.10),2-27-90; Ord. No.
94-209, ~ 3, 3-15-94)
SECTION 151. Chapter 22, Article X, Section 22-549, of the Federal Way City Code shall be
amended to read as follows:
22-549 Application information.
fa) All applications for a temporary use permit shall be submitted prior to the requested date of
commencement of the temporary use and shall include:
(1) A completed application on the form provided by the department of community development
services, along with all information listed in that form; and
(2) An irrevocable, signed and notarized statement, by the property owner of record, granting the
city permission to summarily abate the temporary use and all physical evidence of that use if it is not
removed within the period specified in the permit, and agreeing to reimburse the city for any expenses
incurred by the city in abating the temporary use. If the permit is granted, this statement shall be recorded
with King County at the expense of the applicant and will run with the property throughout the term of
the permit, and shall be vacated at the termination of the use, as determined in the city's sole discretion.
(13;2) Class I temporary use applications shall also include such Such information necessary for the
director of community development services to evaluate the use pursuant to FWCC 22-550, Criteria for
issuance; and, if determined applicable pursuant to FWCC 22 547(a), shall include application materials
required in FWCC 22 386 et seq., Process III.
(e1) If the application is subiect to a land use process. it shall include the appropriate materials for
that process. See FWCC 22-32.5. Class II temporary use applications shall include all of the foregoing
information as well as the application materials required in F\VCC 22 386 et seq., Process III. (Ord. No.
90-43, S 2(127.15), 2-27-90; Ord. No. 94-209, S 3, 3-15-94)
SECTION 152. Chapter 22, Article XIII, Section 22-1047, of the Federal Way City Code shall be
amended to read as follows:
22-1047 Exceptions.
Ordinance No
Page 64 of 68
The following are excepted from modifications apply to the height limitations of this chapter:
(1) Unless otherwise provided in subsections (2) and (3) of this section:
(a) Rooftop appurtenances may exceed the applicable height limitation by a maximum of four
feet. if the area of all appurtenances and screening does not exceed 10 percent of the total area of the
building footprint. These appurtenances must be located in such a way as to minimize view blockage.
(b) Appurtenances that do not meet the standards of subsection (l)(a) of this section may be
permitted using process I if the director determines that. based on accurate graphic representations
provided by the applicant. views from adiacent properties will not be significantly affected.
( c) Any appurtenance, other than chimneys and antennas, must be screened from all streets
and nearby properties. See FWCC 22-960.
(+2) For detached dwelling units:
(a} Vents and chimneys may exceed the maximum height limit.
(b} Rod, wire, dish and other antennas, other than as specified in subsection (3) of this
section, may be placed above the maximum height if approved using process I. The city 'sill appro'le the
application if:
(i}l-; Views across the subject property are not substantially impaired; and
ili2~ The antenna must be placed above the roofline in order to function properly.
(2) Except as specified in subsections (1) and (2) of this section:
(a}. Rooftop appurtenances may exceed the applicable height limitation by a maximum of
four feet, if the area of all appurtenances and screening does not exceed 10 percent of the total area of the
building footprint. These appurtenances must be located in such a way as to minimize view blockage.
(b). ,^'ppurtenances that do not meet the standards of subsection (2)(a) of this section may be
permitted if the dircctor of community dC'lclopment determines that, based on accurate graphic
representations provided by the applicant, vicws from adjacent properties will not be significantly
affected.
(c}. ,\11Y appurtenance, other than chimneys and antennas, must be screened from all streets
and nearby properties. See FWCC 22 960 for requirements pertaining to rooftop screening.
(3) A radio tower and antenna structure for use by a noncommercial, licensed amateur operator
may be approved through process III, if the city determines that:
(a}" The radio tower and antenna structure is placed to minimize its visibility from adjoining
properties, while still permitting effective operation;
(b} The radio tower and antenna structure does not extend higher than reasonably necessary
to operate effectively; and
(c1" The use of the antenna will not materially interfere with radio and television reception on
nearby properties.
In making its decision on the application, the city shall take into consideration the strong federal
interest in promoting amateur communications and the rules adopted by the Federal Communications
Commission regulating such facilities.
If the city approves the radio tower and antenna structure, it may impose limitations to mitigate or
eliminate any adverse impacts. This may include, but is not limited to, requiring the use of a telescoping
antenna, which would only be extended during limited periods when the antenna is in use. (Ord. No. 90-
43, S 2(115.60(2)), 2-27-90; Ord. No. 00-375, S 20,10-3-00)
SECTION 153. Chapter 22, Article XIV, Section 22-1241, of the Federal Way City Code shall be
amended to read as follows:
22-1241 Administration.
ill Except as otherwise established in this article, if a proposed development actIVIty requires
approval through process I. II. III, or IV, this article will be implemented and enforced as part of that
Ordinance No
Page 65 of 68
process. the city's revie'.v of any development activity on the subject property. If the development acti'lity
requires approval through process I, II, III or IV, the provisions ofthis article will be implemented as part
of these processes.
(2) If subsection (1) of this section does not apply, any determination of the director of community
development may be appealed as provided for in process IV of Chapter 22 FWCC, Zoning. (Ord. No. 90-
43, S 2(80.30(1)), 2-27-90; Ord. No. 91-105, S 4(80.30(1)), 8-20-91; Ord. No. 91-123, S 3(80.30(1)),12-
17-91; Ord. No. 04-468, ~ 3,11-16-04; Ord. No. 07-554, ~ 5(Exh. A(1O)), 5-15-07)
SECTION 154. Chapter 22, Article XIV, Section 22-1245, of the Federal Way City Code is hereby
repealed as follows:
22 1245 l\ppeals of determinatioH made under artiele.
,\ny determination made by the director of community deyelopmcnt under this article_may be
appealed using the proccdures established for appeals of interpretations under FWCC 22 350. (Ord. No.
90 13, ~ 2(80.-10),227 90; Ord. No. 91 105, ~ 1(80.10),82091; Ord. No. 91 123, ~ 3(80.10), 12 1791;
Ord. No. 01168, ~ 3, 11 1601; Ord. 1'10.07 551, ~ 5(Exh. '^'(1O)), 5 1507)
SECTION 155. Chapter 22, Article XV, Section 22-1397, of the Federal Way City Code shall be
amended to read as follows:
22-1397 Authority to grant.
(aD If the proposed development or use of eF-efl the subject property requires approval through
process I, II, III, or IV, any proposed modification will be considered as part of that process using the
criteria of this division.
(62) If subsection (aD of this section does not apply, the director of community development may
require, grant. or deny grant or require a modification in writing under the provisions of this section. The
decision of the director to require, grant or deny a modification under this division may be appealed as
provided for in process IV of Chapter 22 FWCC, Zoning. using the appeal procedures of proccss III.
(Ord. No. 90-43, ~ 2(105.l15(2)(a), (b)), 2-27-90; Ord. No. 97-291, ~ 3,4-1-97; Ord. No. 97-296, ~ 3, 6-
17-97; Ord. No. 07-554, ~ 5(Exh. A(1I)), 5-15-07)
SECTION 156. Chapter 22, Article XXI, Section 22-1669, of the Federal Way City Code shall be
amended to read as follows:
22-1669 Development plan.
Any development plan accompanying the development agreement shall be subject to process III
including community design guidelines requirements. notice requircmcnts of FWCC 22 392 tlH-ough 2L
394. The application shall not be determined to be complete until a draft development agreement has been
prepared and a development plan conforming to the parameters of the development agreement and
meeting all pertinent requirements has been submitted. The deyelopmont plan shall also be reyicwcd
pursuant to the community design guidelines rcquirCffients of FWCC 22 395 tlH-ough 22 106 except that
iffi Any appeal of the hearing examiner's decision on the appeal of an administrative a director's decision
on thc community design guidelines shall be heard by the city council based on the procedures of FWCC
2L:11.Q through 22 155 at the same time that the city council conducts a public hearing on the
development agreement and development plan pursuant to FWCC 22-1674. (Ord. No. 02-426, * 3,10-15-02)
Ordinance No
Page 66 of 68
SECTION 157. Chapter 22, Article XXI, Section 22-1674, of the Federal Way City Code shall be
amended to read as follows:
22-1674 Public hearing and city council action.
(a) Generally. The city council shall consider the application for approval of the development
agreement and development plan in a public hearing. If there are any appeals e&--the of a hearing
examiner's decision of an appeal of a threshold determination~ or his or her decision on an appeal of!!
community design guidelines decision, or an appeal of the hearing examiner's decision on a process IV
request, these appeals shall be heard in a closed record appeal hearing, as defined in RCW 36.70R020(1)
at the same time as the public hearing on the development agreement and development plan.
(b) City council decision on appeals. In making a decision on the appeals, the council shall follow the
procedures in process IV, efFWCC 22-451 through 2245522-454.
(c) Scope of review of development agreement and development plans. The city council shall
consider the request for approval of the development agreement and plan based on the decisional criteria
listed in thc provisions of this chapter describing the proposal.
(d) City council action. After consideration of the entire matter, and upon approval by a maiority of
the total membership, the city council shall, by action approved by a majority of the total membership,
take one of the following actions:
(1) The city council has the option to:
a. Grant the application as proposed; or modify and grant the application. In either case, it
shall give effect to this decision by adopting an ordinance, which approves the change in comprehensive
plan designation and zoning based on the approved development agreement and development plan.
b. Deny the application. The city council shall give effect to a denial by adopting a resolution
pursuant to subsection (c) oftms seetion.
c. Findings of fact and conclusions. The city council shall include in the ordinance or
resolution:
1. A statement of the facts that support the decision, including any conditions and
restrictions that are imposed; and
2. The city council's conclusions based on those facts.
(e) Effect. The decision of city council on an application for change in comprehensive plan
designation and zoning based on the approved development agreement and development plan is the final
decision of the city. (Ord. No. 02-426, ~ 3,10-15-02)
SECTION 158. Severability. Should any section, subsection, paragraph, sentence, clause, or phrase of
this chapter, or its application to any person or situation, be declared unconstitutional or invalid for any
reason, such decision shall not affect the validity of the remaining portions of this chapter or its
application to any other person or situation. The City Council of the City of Federal Way hereby declares
that it would have adopted this chapter and each section, subsection, sentence, clauses, phrase, or portion
thereof, irrespective of the fact that anyone or more sections, subsections, sentences, clauses, phrases, or
portions be declared invalid or unconstitutional.
Ordinance No
Page 67 of 68
SECTION 159. Concurrent Legislation. Currently pending ordinances or resolutions may amend the
same sections as does this one; changes made in this ordinance are intended to be in addition to any
changes made by any other ordinance or resolution, this ordinance is not intended to repeal, reenact, or
modify portions of the section that are enacted, repealed, or modified by any other ordinance or
resolution.
SECTION 160. Corrections. The City Clerk and the codifiers ofthis ordinance are authorized to make
necessary corrections to this ordinance including, but no limited to, the correction of scrivener/clerical
errors, references, ordinance numbering, section/subsection numbers and any references thereto.
SECTION 161. Ratification. Any act consistent with the authority and prior to the effective date of
this ordinance is hereby ratified and affirmed.
SECTION 162. Effective Date. This ordinance shall take effect and be in force thirty (30) days from
and after its passage and publication, as provided by law.
PASSED by the City Council of the City of Federal Way this
day of
,2008.
CITY OF FEDERAL WAY
MAYOR, JACK DOVEY
ATTEST:
CITY CLERK, CAROL MCNEILLY, CMC
APPROVED AS TO FORM:
CITY ATTORNEY, PATRICIA A. RICHARDSON
FILED WITH THE CITY CLERK: 11-20-2008
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.:
Ordinance No Page 68 of 68
~<?!!~~.II:-...l\1~..~.!I~.<:;..I).f\!.~.:........l?;;;~_~~.~~~I~_:d_'_...~..~~.~._.~WA~_.LQt.....2..ccB
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
~...F.
.!!~l\1~-3_____M.__
SUBJECT: An Ordinance Correcting Various Technical Errors In The Federal Way City Code
POLICY QUESTION: SHOULD THE CITY COUNCIL PASS AN ORDINANCE CORRECTING VARIOUS TECHNICAL
ERRORS IN THE FEDERAL WAY CITY CODE?
COMMITTEE: Land Useffransportation Committee
MEETING DATE: Nov. 17th, 2008
CATEGORY:
o Consent
o City Council Business
(8] Ordinance
o Resolution
o
D
Public Hearing
Other
~!~!.!_~!2~!_~_~=-~g~_~~~~~Q~PU!y ~~!~.~X!2RNE=~_____.______
DEPT: Law
Staff is finalizing the reorganization of the Federal Way City Code into the Federal Way Revised Code. During
the process Staff has discovered a number of numbering errors, grammatically errors, redundant language,
and typographical errors that should be corrected. Concurrently with this ordinance staff will present a
resolution on the re-codification of the Code. Both of these will be presented to planning commission and each
Council Committee.
Attachments: Staff report, Ordinance with I appendix.
Options Considered: I. Recommend approval of the Ordinance and forward to the full Council on
December 2nd.
2. ModifY the proposed Ordinance and forward to the full council for first reading.
3. Do not approve the proposed Ordinance.
......__.~_m..__._...___~_.___..__.__........____.__.__.___....___............__._...._....__..__........__....._.._.__.__......_.____m....___.._.____.______m______m____.___________._
STAFF RECOMMENDATION: Approve Option 1.
CITY MANAGER ApPROVAL: '.
E1-~
Committee Chair
DIRECTOR APPROVAL: ~ jPrt\
Committee Council
COMMITTEE RECOMMENDATION:
Ai;.~
Committee Member
PROPOSED COUNCIL MOTION: "[ move to forward the ordinance to a second reading for enactment on the
January 6th consent agenda".
COUNCIL ACTION:
o APPROVED
o DENIED
o TABLEDIDEFERREDINO ACTION
:fil.. MOVED TO SECOND READING (ordinances only)
REYISED - 02/0612006
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL BILL #
1ST reading
Enactment reading
ORDINANCE #
RESOLUTION #
\2~~-~
\. { .
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASIDNGTON, RELATING TO. TECHNICAL CHANGES TO LAND USE
REGULATIONS, ADDING SECTIONS, AMENDING SECTIONS, AND
REPEALING SECTIONS IN CHAPTERS 5, 13, 21, AND 22 OF THE FEDERAL
WAY CITY CODE.
WHEREAS, the City of Federal Way is in the process of re-codifying and reorganizing the Federal
Way City Code (FWCC) into the Federal Way Revised Code (FWRC) and through this process has found
redundant sections and language as well as unclear sections, inaccurate sections, and other sections that
could be revised for better readability and workability; and land use regulations can be simplified and
consolidated;
WHEREAS, certain Code provisions need to be modified to coordinate with state and county law
requirements in areas of land use regulations;
WHEREAS, none of the changes to the FWCC contained in this ordinance are intended to change
numbering or formatting changes that occur pursuant to the reorganization of the Code and;
WHEREAS, the City Council of the City of Federal Way finds it in the best interest of the City to
update its code, and amending these sections bears a substantial relation to public health, safety, or
welfare of the people of Federal Way; is consistent with the applicable provisions of the comprehensive
plan; and is in the best interest of the residents ofthe city;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, DO ORDAIN AS FOLLOWS:
SECTION 1. Chapter 5, Article IV, Section 5-70, of the Federal Way City Code shall be amended
to read as follows:
5-70 Construction.
(a) International Building Code requirements. Fiye-story Type V A buildings must comply with all
requirements of the International Building Code, except as modified or supplemented by this article. In
the eyent of a conflict between the International Building Code and the provisions of this article, the
Ordinance No 08-
Page 1 of 12
provisions of this article shall control. References in this article to building construction "types" (e.g.,
Type I or Type V) shall have the same meaning as set forth in the International Building Code.
(b) Lowest story construction requirements. The lowest story in a five-story Type V A building shall
be constructed of Type V -A fire-resistive construction, except that all structural frame and load bearing
elements must consist of approved, two-hour fire-resistive construction.
(c) Upper four stories. The upper four stories of a five-story Type V A building shall be constructed of
at least Type V -A fire-resistive construction.
(d) Use of Type V above Type I construction. Where Type VA wood frame stories are constructed
over Type I construction, the Type V A stories shall be separated from the Type I stories with a horizontal
assembly having a minimum three hour fire resistance rating as provided in International Building Code
Section 509.2 of the 2006 Edition. (Ord. No. 01-389, ~ I(B), 6-5-01; Ord. No. 04-465, ~ 8, 10-5-04; Ord.
No. 07-563 ~ 1, 10-16-07)
SECTION 2. Chapter 5, Article IV, Section 5-71, of the Federal Way City Code shall be amended to
read as follows:
5-71 Occupancy.
(a) Occupancy of five-story 'Hood frame Type V A buildings shall be allowed as provided in Table
503, International Building Code, 2006 Edition, except that B, M, and R-l occupancies shall be allowed
on any floor.
(b) Occupancy shall have the same meaning as set forth in the 2006 Edition of the International
Building Code. (Ord. No. 01-389, ~ I(B), 6-5-01; Ord. No. 04-465, ~ 8, 10-5-04; Ord. No. 07-563 ~ 1,
10-16-07)
SECTION 3. Chapter 5, Article IV, Section 5-77, of the Federal Way City Code shall be amended to
read as follows:
5-77 Construction inspection
The following shall be required for buildings designed and constructed pursuant to this section
(1) Structural observation provided by the engineer of record for structural frame elements; and
(2) Special inspections as required in the 2006 International Building Code;. as flresently
",oBstructed or as hereafter amended.
(3) All other inspections shall be in strict accordance with other applicable codes: and
(4) Structural observation documents stamped by the engineer of record and all special inspection
reports shall be submitted to the Federal Way building division prior to the issuance of a certificate of
occupancy.
SECTION 4. Chapter 5, Article V, Section 5-116, of the Federal Way City Code shall be amended to
read as follows:
5-116 Plumbing code adopted
The following codes all as amended added to or excepted in this chapter together with all
amendments and additions provided in this title are adopted and shall be applicable within the city
(1) The following chapters of the Washington Administrative Code as presently constituted or as
may be sllilsequently amended
{a}~ Chapter 51-56 State Building Code Adoption and Amendment of the 2006 Edition of the
Uniform Plumbing Code except Section 701.1 which is adopted without state amendment; and
Ordinance No 08-
Page 2 of 12
(b} Chapter 51-57 State Building Code Adoption and Amendment of the 2006 Edition of the
Uniform Plumbing Code Standards.
(2) The 2006 Uniform Plumbing Code as presently eonstituted or as may be subsequoo.tly
amended provided that in the event of conflicts with the State Plumbing Code adoption of the Uniform
Plumbing Code the state code will prevail~ Such conflicts will be reviewed and a determination issued by
the building official or their designee.
SECTION 5. Chapter 5, Article VII, Section 5-166, of the Federal Way City Code shall be amended
to read as follows:
5-166 Codes adopted.
The following codes, as preseffily eonstituted or as may be s1:lbseql:lef1tly amended, are alllli adopted
as amended, added to, or excepted in this ehaflter, tegether with all afRendments and additions pro'tiaea in
thi:&-title, are adopted and shall be applicable within the city:
(1) 2006 Edition of the International Pfoperty Maintenance Code, except Sections 111,303,307,
308, and 507 are not adopted. Ord. No. 98-320, ~ 10,9-15-98; Ord. No. 04-465, S 14, 10-5-04; Ord. No.
07-563 ~ 1, 10-16-07)
SECTION 6. Chapter 13, Article VII, Section 13-246, of the Federal Way City Code shall be
amended to read as follows:
13-246 Abuse or mutilation of vegetation prohibited.
No person shall intentionally damage, destroy or mutilate any vegetation located in any public right-
of-way or other public place, or attach any fope Of wife (other than used to support a young Of broken
tree), nail, sign, poster, handbill or other item to such vegetation, or allow any gaseous liquid, or solid
substance which is harmful to such vegetation to come in contact with the vegetation, or set fire or permit
any fire to burn when such fire or the heat thereof will injure any portion of such vegetation; provided,
however, that nothing in this section shall preclude eithef the owner or the occupant from removing or
maintaining StIeh vegetation as required in this Code by FWCC 13 212. (Ord. No. 93-187, ~ 1,9-21-93)
SECTION 7. Chapter 21, Article III, Section 21-24, of the Federal Way City Code shall be amended
to read as follows:
21-24 Purpose.
The provisions of this article are intended to:
(1) Provide standards and procedures for inspection and maintenance of stormwater facilities in
Federal Way to provide for an effective, functional stormwater drainage system.
(2) Authorize the Federal Way public works department to require that stormwater facilities be
operated, maintained and repaired in conformance with this chapter.
(3) Establish the minimum level of compliance which must be met.
(4) Guide and advise all who conduct inspection and maintenance of stormwater facilities.
(5) ~ Prevent harmful materials from leaking, spilling, draining, Of being dumped into any
public or private stormwater system. (Ord. No. 99-352, ~ 3, 11-16-99)
SECTION 8. Chapter 22, Article IV, Section 22-337, of the Federal Way City Code (FWRC
19.30.120) shall be amended to read as follows:
Ordinance No 08-
Page 3 of 12
22-337 [FWRC 19.30.120], Nonconforming water quality improvements.
This section sets forth the standards when and under what circumstances a structure, improvement~ ef
development~ or property that does not conform to the development regulations presori13ed in FWRC Title
16 (as amended) relating to water quality, or does Rot oonform to the development regulations eORtained
in }\rtiole XIII, Diyision 12, ef this ehapter (FWCC 22 1196 tm-ough 22 1220, as amended) must be
brought into compliance with the development regulations in FWRC Title 16 pertaining to water quality
and Artiele XIII, Division 12 of this ohapter (FWCC 22 1196 through 22 1220, as amended).
(1) Redevelopment. Any person proposing to redevelop a structure, improvement, development or
property must bring that structure, improvement, development or property into compliance with the
development regulations in FWRC Title 16 pertaining to water quality and }\rtiele .xIII, Di',ision 12 of
this ohapter (FWCC 22 1196 through 22 1220, as amended), where the proposed redeyelopment meets or
exceeds the thresholds set forth below. For the purposes of this section, "redeyelop" or "redeyelopment"
means, on an already deyeloped site: the creation or addition of impervious surface; the expansion of a
building footprint or addition or replacement of a structure; structural development including an increase
in gross floor area and/or exterior construction or remodeling, where the structural development exceeds
50 percent of the assessed or appraised value of the structure or improvement being redeveloped; the
repair or replacement of impervious surface that is not part of a routine maintenance activity; a change of
use which has a potential to release a new pollutant(s) to the city's surface water systems; or land
disturbing activities associated with impervious redevelopment.
a. Redevelopment which involves the creation or addition of impervious surfaces having an area
of 5,000 square feet or more;
b. Redeyelopment which inyolves the construction or replacement of a building footprint or other
structure having a surface area of 5,000 square feet or more, or which inyolves the expansion of a
building footprint or other structure by 5,000 square feet of surface area or more;
c. Redevelopment which involves the repair or replacement of 5,000 square feet or more of an
impervious surface, when such redevelopment is not part of a routine maintenance activity;
d. Redevelopment which involves the collection and/or concentration of surface and/or
stormwater runoff from a drainage area of 5,000 square feet or more;
e. Redevelopment which contains or directly discharges to a floodplain, stream, lake, wetland, or
closed depression, groundwater recharge area, or other water quality sensitive area determined by the
public works director, based on a written map, policy, water quality monitoring data or plan in existence
or implemented by the public works director prior to submission of a redevelopment application which is
determined to trigger application of this subsection, or based on information developed during review of a
particular redevelopment application;
f. Redeyelopment which involves a change in use, and the changed use has a potential to release a
new pollutant(s) to surface water systems within the city. For the purposes of this subsection, "new
pollutant(s)" means a pollutant that was not discharged at that location immediately prior to the change in
use, as well as a pollutant that was discharged in less quantities immediately prior to the change in use;
g. Redevelopment, other than normal maintenance or other than the tenant improyements, but
including any increase in gross floor area, in anyone consecutive 12-month period which exceeds 50
percent of the assessed or appraised value (whichever is greater) of the structure or improvement being
redeveloped. The applicant may provide an appraisal of the improvement. The appraisal must be from a
source acceptable to the city. The public works director may require the applicant to provide an appraisal
from a second source acceptable to the city if the assessed valuation appears to be inaccurate or
inappropriate. If more than one appraisal is provided by the applicant or required by the city, the greater
of the two amounts shall be used. For purposes of this determining value under this section,
improvements required pursuant to FWCC 22-334 (nonconforming development), 22-336
(street/sidewalk improvements), 22-337 (nonconforming water quality improvements) and 22-1473
(street/sidewalk improvements) shall not be counted towards the 50 percent threshold which would
trigger application of this subsection;
Ordinance No 08-
Page 4 of 12
h. Redevelopment of property which drains or discharges to a reCeIVIng water that has a
documented water quality problem, as determined by the public works director based on a map, plan,
water quality monitoring data or a written policy in existence or implemented by the public works director
prior to submission of a redevelopment application determined to trigger application of this subsection,
where the public works director determines that the redevelopment requires additional specific controls to
address the documented water quality problem.
(2) Timing. All improvements required by this section shall be constructed or installed concurrent
with the redevelopment triggering application of this section, unless an applicant for redevelopment opts
to pursue incremental construction of required improvements. In that event, the applicant shall develop
and submit to the public works director a stormwater management plan detailing all of the improvements
required by this section, and proceed according to the following subsections.
a. Extent of construction of required water quality improvements. Where the public works
director determines that incremental construction is physically feasible, the applicant shall construct that
portion of the required improvements according to the following schedule:
% of Redevelopment % of Water Quality Improvements
o - 24 25
25 -49 50
>50 100
Where construction of 100 percent of water quality improvements is required under this subsection, the
improvements may be constructed over a period extending no more than five years from the date of
approval of the redevelopment. A person choosing to utilize such extended construction shall provide,
prior to approval of the stormwater management plan, a performance bond and bond agreement that:
1. Have a term equal to the construction schedule proposed in the plan; and
2. Comply with the applicable requirements of FWCC 22-147 through 22-175, as amended.
b. Incremental construction not feasible. Where the public works director determines that
incremental construction is not physically feasible, 100 percent of the required water quality
improvements must be installed, concurrent with the redevelopment.
c. Calculation of redevelopment value. For purposes of calculating the value of redevelopment in
order to apply subsection (2)(a) of this section, the public works director shall consider the cost of the
proposed redevelopment as a percentage of the assessed or appraised value (whichever is greater) of all
structures on the subject property. If an appraisal is used, it must be prepared by an MAl appraiser
acceptable to the city, and paid for and submitted by the applicant.
d. Subsequent redevelopment. Whenever any person seeks approval for redevelopment on
property for which incremental construction of required water quality improvements was previously
authorized pursuant to this subsection (2), any additional water quality improvements to be required shall
be determined by application of the schedule in subsection (2)(a) of this section based on the stormwater
management plan prepared as part of the first request for authorization of incremental construction. If
water quality requirements have changed since preparation of the initial stormwater management plan, a
new plan shall be prepared detailing improvements required to comply with any existing and new
requirements, and the schedule in subsection (2)(a) of this section shall also be applied to the new plan.
(3) Location of water quality improvements. A person proposing redevelopment on a property or site
having a Federal Way comprehensive plan designation of CC-F (City Core - Frame) or CC-C (City Core
- Center) may construct water quality facilities required by this section below grade. (Ord. No. 04-468, ~
3, 11-16-04)
SECTION 9. Chapter 22, Article IV, Section 22-335, of the Federal Way City Code shall be amended
to read as follows:
22-335 Nonconforming signs.
Ordinance No 08-
Page 5 of 12
(a) Purpose. In order to ease the economic impact of this Code on businesspersons with substantial
investment in signs in existence on the date of adoption of this Code, or on the date of annexation if
located in areas annexed to the city thereafter, this section provides for up to 10 years of continued use of
a nonconforming sign in its existing state. During this period, it is expected that the sign may be
amortized in its yalue over this 10-year time period and/or may be amortized for federal income tax
purposes; provided, however, that whether a sign is amortized for tax purposes shall not affect the
application of this section.
(b) Definitions. A "nonconforming sign" means any sign as defined by FWCC 22-1597 which was
legally in existence on the effective date of this Code, February 28, 1990, or on the date of annexation if
located in areas annexed to the city thereafter, but which does not comply with the sign regulations of
Article XVIII of this chapter, Signs, or any other sections of this Code. Any words, terms or phrases used
in this section and which are not otherwise defined shall have the meanings set forth in FWCC 22-1 and
22-1597.
(c) Legal nonconformance.
(1) Eligibility. Any nonconforming sign located within the city limits on the date of adoption of
this Code, February 28, 1990, or on the date of annexation if located in areas annexed to the city
thereafter which does not conform with the provisions of this Code, is eligible for characterization as a
legal nonconforming sign proyided it meets the following requirements:
a. The sign was covered by a sign permit on the date of adoption of this Code, if one was
required under applicable law; or
b. If no sign permit was required under applicable law for the sign, the sign was in all
respects in compliance with applicable law on the date of adoption of this Code.
(2) Allowed. All legal nonconforming signs are allowed subject to all permit requirements, the
provisions covering loss oflegal nonconforming status and other limitations set forth in this section.
(3) Exclusions. Except for billboards, off-site signs, and roof signs, prohibited signs as defined in
FWCC 7_2- t600 shall not be eligible for characterization as legal nonconforming signs and must be
removed upon notification by the city.
(d) Notice of determination.
(1) Required. After the city conducts a sign inventory, the city shall analyze whether each sign
complies with the sign regulations of Article XVIII of this chapter, Signs, or any other sections of this
Code, and shall issue a notice of determination which specifies whether the sign complies or not. If a sign
conforms to this chapter, it shall be issued a registration sticker. If a sign is determined to be legally
nonconforming, the sign will be issued a sign inventory sticker and shall be amortized pursuant to
subsection (e) of this section. Signs that do not comply with the sign regulations of Article XVIII of this
chapter, Signs, or any other sections of this Code or are not eligible for characterization as legal
nonconforming signs must be removed upon notification by the city.
(2) Necessary information. The information associated with a sign and its sign inventory number
shall consist of the name and address of the sign user, the sign owner, and the owner of the property upon
which the sign is located, information about the sign, such as sign type, area, height, dimensions, location,
a photo of the sign, and such other pertinent information as the director of CJemmunity development may
require to ensure compliance with the Code, which may include proof of the date of installation of the
SIgn.
(e) Amortization. All legal nonconforming signs shall be discontinued and removed or made
conforming within 10 years from the effective date of this Code, on or before February 28, 2000, or
within 10 years of the effective date of annexation if located in areas annexed to the city thereafter. Upon
the expiration of the amortization period, the sign shall be brought into conformance with this Code, with
a permit obtained, or be removed. A sign prohibited pursuant to FWCC 22-1600 may not be brought into
conformance and must therefore be immediately removed upon the expiration of the amortization period.
(f) Extension or exemption from amortization period.
Ordinance No 08-
Page 6 of 12
(1) Applicability. This subsection applies to any sign which is required to be removed pursuant to
subsection (e) of this section following expiration of the amortization period.
(2) Purpose. A sign amortization exemption or extension is a mechanism by which the city may
provide relief from the effect of the sign amortization program when its enforcement would fail to
noticeably improve the appearance of the neighborhood and the city and when a hardship would result
from its enforcement.
(3) Who may apply. The property owner or the person displaying the sign which is required to be
remoyed pursuant to subsection (e) of this section may apply for a sign amortization extension or
exemption.
(4) Decisional criteria. An application for a sign amortization exemption or extension may be
approved or approved with modification if it satisfies all of the following criteria:
a. The sign is compatible with the architectural design of structures on the subject property;
b. The sign substantially complies with the requirements of the sign code for the land use
district in which it is located. For purposes of this subsection, "substantial compliance" means that the
height of the sign is within 10 percent of the sign height required by Article XVIII of this Code and that
the sign area of the sign is within 20 percent of the sign area required by Article XVIII of this Code.
Minor deviations from these percentages may be approved by the administrator ifhe or she concludes that
the resulting sign is harmonious with the character of the primary structures on the subject property and
with the signs and structures on surrounding properties;
c. The enforcement of this Code would result in a substantial hardship to the applicant due to
the size, shape, topography, location or surroundings of the subject property and such hardship was not
created by any action of the applicant;
d. The sign complies with the city's minimum sign distance at intersection requirements
pursuant to FWCC 22-1151 et seq.;
e. If illuminated, the sign is oriented away from residentially developed or zoned property or
is adequately screened so that the source of light is not directly visible;
f. It is consistent with the city's comprehensive plan; and
g. It is consistent with the public health, safety and welfare.
(5) Applicable procedure. Except as otherwise provided by this subsection (f), the city will
process an application for a sign amortization exemption or extension through process I of this Code.
(g) Loss of legal nonconforming sign status. All legal noncopforming signs shall be immediately
removed or modified to conform to all the provisions of this chapter, and a new permit secured therefor,
and such legal nonconforming sign shall immediately lose its legal nonconforming designation when one
or more of the following events occurs:
(1) Structural changes. The applicant is making structural alterations or increasing the gross floor
area of any structure that houses or supports the use with which the legal nonconforming sign is
associated.
(2) Other alterations. The applicant is making any change, alteration or performing work other
than normal maintenance or other than tenant improvements, in any 12-month period, to any structure that
houses or supports the use with which the legal nonconforming sign is associated and the fair market
value of those changes, alterations or other work exceeds 25 percent of the assessed value of that structure
as determined by the King County assessor.
(3) Abandonment or business cessation. The subject property containing the sign is abandoned for
90 or more consecutive days or the activity conducted on the subject property ceases for 180 consecutive
days.
(4) Sign alterations. The applicant is making changes, alterations or performing any work to the
legal nonconforming sign other than regular and normal maintenance. Prohibited sign alterations include
relocating the sign or replacing the sign; provided, however, that replacing any individual tenant's
identification sign in either a center identification sign which separately identifies the tenants or in a
tenant directory sign shall not result in the loss of such sign's legal nonconforming sign designation.
Ordinance No 08-
Page 70f12
(5) Change in use. There has been a change in use on the subject property as that term is defined
by FWCC 22-1.
(6) Change in tenant. There has been a change in tenant or business on the subject property.
In connection with any multiuse or multi-tenant complex, the foregoing events which require that a
legal nonconforming sign be either removed or brought into conformance with this Code shall apply only
to the individual owner's or tenant's building-mounted or freestanding signs who has triggered the
elimination of the legal nonconformance and not to the other signs located on the subject property,
including any copy change in a center identification or tenant directory sign in order to include such
tenant's name.
(7) Expiration of amortization period. All legal nonconforming signs shall be discontinued and
remoyed or made conforming within 10 years from the effectiye date of this Code, on or before February
28, 2000, or within 10 years of the effective date of annexation if located in areas annexed to the city
thereafter.
(h) Historic signs. Nonconforming on-site historical signs may be retained through process IN, ,^.rtiele
.vII of this Code, if the sign is determined to be of historic significance by satisfying all of the following
criteria:
(1) The sign is used in connection with a building which has been designated as a historic
building pursuant to any federal, state or local preservation authority;
(2) The subject sign or signs are substantially unchanged or unaltered since initial installation;
(3) The subject sign or signs are a good example of the prevailing signage during the period in
time it was installed; and
(4) The subject sign or signs have been well maintained and are not materially detrimental to the
public health, safety and welfare.
(i) Government acquisition of property for right-of-way.
(1) A sign that becomes nonconforming with respect to its setback from the edge of a public
right-of-way as a result of a local, state, or federal government acquisition of property for right-of-way
expansion shall be characterized as a legal nonconforming sign and shall be allowed subject to the
requirements of subsection (i)(3) ofthis section.
(2) The city may, using process I, allow the placement of a new sign or relocation of an existing
sign within a required setback ifit meets all of the following criteria:
a. The enforcement of this Code would result in substantial hardship to the applicant because
no feasible location exists to place a sign on the subject property other than in a required setback, and
such hardship was created solely by local, state, or federal government acquisition of property for right-
of-way expansion and not by any action of the applicant;
b. The sign is not prohibited by FWCC 22-1600 and, except for location within a required
setback, complies with all other requirements of FWCC 22-1596 through 22-1629;
c. The sign complies with the city's minimum sight distance at intersection requirements
pursuant to FWCC 22-1151 et seq.; and
d. Location of the sign with a required setback is otherwise consistent with the public health,
safety, and welfare.
(3) Loss of legal nonconforming sign status. All nonconforming signs specified in subsections
(i)(1) and (2) of this section shall be immediately removed or modified to conform to all the provisions of
this chapter, and a new permit secured therefor, and such nonconforming sign shall immediately lose its
legal nonconforming designation when one or more of the following events occurs:
a. The applicant is making any changes, alterations, or performs any work to the legal
nonconforming sign other than regular and normal maintenance. Prohibited sign alterations include
relocating the sign or replacing the sign; provided, however, that any copy change in a center
identification or tenant directory sign shall not result in the loss of such sign's legal nonconforming sign
designation; except that a legal nonconforming sign may be relocated without losing its legal
nonconforming status and eligibility for the 10-year amortization period so long as all of the following
Ordinance No 08-
Page 8 of 12
conditions are met: (i) the sign is under threat of eminent domain and the subject of a consent decree or
settlement agreement executed with a local, state, or federal government; (ii) the consent decree or
settlement agreement was executed and filed with the court or recorded prior to the effective date of
annexation; (iii) the consent decree or settlement agreement does not compensate the owner of the sign
for bringing the sign into conformance with the provisions of this chapter; (iv) the owner of the sign
applies for a permit to relocate the sign within six months of the date the consent decree or settlement
agreement was filed; and (v) the owner makes no changes to the sign that increase the nonconformance of
the sign; or
b. The applicant is making any changes, alterations, or performs work other than normal
maintenance or other than tenant improvements to any structure or improvement that houses or supports
the use with which the nonconforming sign is associated, and the fair market value of those changes,
alterations, or other work, in anyone consecutive 12-month period, exceeds 75 percent of the assessed
yalue of that structure or improyement, as determined by the King County assessor. The applicant may
proyide an appraisal of the structure or improyement. The appraisal must be from a source that is
acceptable to the city. The eommunity de'lClopmerIt serviees director may require the applicant to provide
an appraisal from a source acceptable to the city if the assessed valuation appears to be inaccurate or
inappropriate. If an appraisal acceptable to the city is provided by the applicant or required by the city, the
larger of the two amounts shall be used. For purposes of determining value under this subsection,
improvements required pursuant to FWCC 22-334 (nonconforming development) and/or 22-336
(street/sidewalk improvements) shall not be counted towards the 75 percent threshold, which would
trigger application of this subsection.
(j) Exemption. The city may elect not to apply any provision of this section if the removal of a sign
would require the city to pay compensation under any federal, state or other law, including Chapter 47.42
RCW. (Ord. No. 90-43, ~ 2(165.35 (5)),2-27-90; Ord. No. 91-113, ~ 4 (165.35(5)), 12-3-91; Ord. No. 92-
135, ~ 3 (165.35(5)),4-21-92; Ord. No. 92-144, ~ 3 (165.35(5)), 6-16-92; Ord. No. 95-235, ~ 3, 6-6-95;
Ord. No. 97-307, ~ 3, 12-16-97; Ord. No. 99-357, ~ 4, 12-7-99; Ord. No. 01-398, ~ 1, 7-17-01; Ord. No.
04-468, S 3, 11-16-04; Ord. No. 05-486, S 3,4-19-05)
SECTION 10. Chapter 22, Article XIII, Section 22-1071, of the Federal Way City Code is hereby
repealed as follows:
22 1971 Domestie animals.
F'.VCC 22 981 et seq., regarding animals in residential zones, shall be the regulations f-er keeping
animals in residential zones permittiRg home oceupations. (Ord. No. 90 13, ~ 2(115.65(1)),22790)
SECTION 11. Chapter 22, Article XIII, Section 22-1093, of the Federal Way City Code shall be
amended to read as follows:
22-1093 Permitted outright.
A land surface modification is permitted only if it:
(1) Has been approved as part of a valid development permit (except grading permits issued
under chapter 70 of the city's building code), subdivision, or substantial development permit;
(2) Is for cemetery graves;
(3) Is in a right-of-way and authorized in writing by the director of the department of public
works;
(4) Is for mining, quarrying, excavating, processing, stockpiling of rock, sand, gravel, aggregate
or clay where a permit has been issued by the state department of natural resources;
Ordinance No 08-
Page 9 of 12
(5) Is for exploratory excavations under the direction of a professional engineer licensed in the
state; provided, that the extent of the land surface modification does not exceed the minimum necessary to
obtain the desired information;
(6) Is for normal maintenance and repair of the facilities of a common carrier by rail in interstate
commerce within its existing right-of-way;
(7) Is for excayations for utility service connections to serve existing and/or new structures and is
outside any area that is within the jurisdiction ofFWCC 22-1221 et seq.;
(8) Is for actions which must be undertaken immediately, or within a time too short to allow for
compliance with the permit requirements of FWCC 22-1094, to avoid an imminent threat to public health
or safety; to prevent an imminent danger to public or private property; or to prevent an imminent threat of
serious environmental degradation. This determination will be made by the director of community
development;
(9) Is for the removal of overhanging vegetation and fire hazards or for removal of blackberry
vines or dead, dangerous or diseased trees when authorized by the building official;
(10) Is for placement of fill on land owned or controlled by the city;
(11) Is an integral part of an ongoing agricultural or horticultural use on the subject property;
(12) Is conducted on property which contains a detached dwelling unit and which, because ofthe
size of the property or the location of the dwelling unit, cannot be further subdivided or divided; or
(13) Complies with all of the following criteria:
a. The subject property contains a permanent building or an active use.
b. The land surface modification will not change the points where the stormwater or
groundwater enters or exits the subject property; and will not change the quality, quantity, or velocity of
stormwater or groundwater.
c. The land surface modification is outside any area that is within the jurisdiction of FWCC
22-1221 et seq.
d. In anyone-year period, not more than 100 cubic yards of fill material is deposited on,
excavated and removed from or moved from place to place on the subject property. If the subject property
is larger than one acre, the limit is 100 cubic yards within each acre.
e. No trees defined as significant trees will be removed and no vegetation will be removed if
that vegetation was required to be retained by or through any development permit issued under this
chapter or any prior zoning code.
f. If the subject property is two acres or larger and has 20 percent or more of its area covered
with native vegetation, the land surface modification will not remove more than 20 percent of that native
vegetation. The limitations of this subsection apply to all land surface modification on the subject
property over time.
g. The land surface modification will not result in more than a two-foot increase or one-foot
decrease in the average elevation of the subject property, computed using the elevation of the midpoint of
each property line. (Ord. No. 90-43, ~ 2 (115.75(3)), 2-27-90; Ord. No. 90-77, ~ 3 (115.75(3)), 12-11-90;
Ord. No. 04-468, ~ 3, 11-16-04)
SECTION 12. Chapter 22, Article XIII, Section 22-1176, of the Federal Way City Code (FWRC
19.130.250) shall be amended to read as follows:
22-1176 [FWRC 19.130.250] Parking and storage of commercial vehicles in residential zones
limited.
Parking or storage of commercial vehicles is prohibited on residentially zoned lots except as follows:
(1) A maximum of one commercial vehicle based on standard pick-up, light duty trucks, or
passenger vehicles, that does not exceed a maximum of 10,000 pounds gross vehicle weight rating
(GVWR as defined in RCW 46.25.010) may be parked on any residentially zoned lot;
Ordinance No 08-
Page 10 of 12
(2) A maximum of one commercial vehicle regardless of GVWR may be parked or stored on any
lot in a single-family residential zone (RS 35.0) or a suburban estates zone (SE);
(3) Commercial vehicles may be parked on any lot in a residential zone for a maximum of 48
hours for the exclusive purpose ofloading or unloading the vehicle;
(4) Commercial vehicles may be parked on any lot in a residential zone for construction purposes
pursuant to a valid development permit;
(5) A maximum of one commercial vehicle not more than nine feet in height and 22 feet in length
may be parked on any lot if used for priyate construction purposes and when it is not visible from a right-
of-way or access easement and not parked in the driyeway;
(6) Additional eX6efltions as outlined in FWCC 22 1179 Parking or storage as allowed by FWCC
22-1178 rFWRC 19.130.2701.
Except for commercial vehicles used for loading and unloading purposes and commercial
vehicles for construction purposes with a valid development permit, no more than one commercial vehicle
is allowed per lot. (Ord. No. 04-457, ~ 3,2-3-04)
SECTION 13. Chapter 22, Article XIII, Section 22-1177, of the Federal Way City Code (FWRC
19.130.260) shall be amended to read as follows:
22-1177 [FWRC 19.130.260] Parking and storage of re~reational vehicles and boats in residential
zones limited.
Parking or storage of any recreational vehicle or boat more than nine feet in height and more than 22
feet in length is prohibited in residentially zoned lots except as allowed by FWCC 22 1179 FWCC 22-
1178 rFWRC 19.130.2701. (Ord. No. 04-457, ~ 3,2-3-04)
SECTION 14. Severability. Should any section, subsection, paragraph, sentence, clause, or phrase of
this chapter, or its application to any person or situation, be declared unconstitutional or invalid for any
reason, such decision shall not affect the validity of the remaining portions of this chapter or its
application to any other person or situation. The City Council of the City of Federal Way hereby declares
that it would have adopted this chapter and each section, subsection, sentence, clauses, phrase, or portion
thereof, irrespective of the fact that anyone or more sections, subsections, sentences, clauses, phrases, or
portions be declared invalid or unconstitutional.
SECTION 15. Concurrent Legislation. Currently pending ordinances or resolutions may amend the
same sections as does this one; changes made in this ordinance are intended to be in addition to any
changes made by any other ordinance or resolution, this ordinance is not intended to repeal, reenact, or
modify portions of the section that are enacted, repealed, or modified by any other ordinance or
resolution.
Ordinance No 08-
Page 11 of 12
SECTION 16. Corrections. The City Clerk and the codifiers of this ordinance are authorized to make
necessary corrections to this ordinance including, but no limited to, the correction of scrivener/clerical
errors, references, ordinance numbering, section/subsection numbers and any references thereto.
SECTION 17. Ratification. Any act consistent with the authority and prior to the effective date of this
ordinance is hereby ratified and affirmed.
SECTION 18. Effective Date. This ordinance shall take effect and be in force thirty (30) days from
and after its passage and publication, as provided by law.
PASSED by the City Council of the City of Federal Way this
day of
,2008.
CITY OF FEDERAL WAY
MAYOR, JACK DOVEY
ATTEST:
CITY CLERK, CAROL MCNEILLY, CMC
APPROVED AS TO FORM:
CITY ATTORNEY, PATRICIA A. RICHARDSON
FILED WITH THE CITY CLERK: 11-20-2008
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.: 08-
Ordinance No 08- Page 12 of 12
COUNCIL MEETING DATE:
15'. '~
. p~.e~.I!.~.~..~...~D_d,~~~.~....'.Je..,nul.U1+.Ul_1..-00~..._.__.._~_!~~~~__...J~~______.......
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: An Ordinance Addressing Nuisances In The Federal Way City Code
POLICY QUESTION: SHOULD THE CITY COUNCIL PASS AN ORDINANCE ADDRESSING NUISANCES IN THE
FEDERAL WAY CITY CODE?
COMMITTEE: Land UsefTransportation Committee
MEETING DATE: Nov. 17th, 2008
CATEGORY:
o Consent
o City Council Business
[8J Ordinance
o Resolution
o
o
Public Hearing
Other
~TAF..!_REp(~RT}JY: AARON W ALLS,Q~~~TY 9!'y_~TTORNEY ____ DEPT: !::aw _
Staff is finalizing the reorganization of the Federal Way City Code into the Federal Way Revised Code. During
the process Staff has discovered a number issues relating to nuisances including opportunities to add sections to
generally prohibit nuisances, make enforcement consistent, collect and organize nuisance provisions in
the Nuisance title, and cross-reference nuisances.
. Concurrently with this ordinance staff will present a resolution on the re-codification of the Code. Both of
these will be presented to planning commission and each Council Committee.
Attachments: Staff report, Ordinance.
Options Considered: 1. Recommend approval of the Ordinance and forward to the full Council on
December 2nd.
2. ModifY the proposed Ordinance and forward to the full council for first reading.
3. Do not approve the proposed Ordinance.
STAFF RECOMMENDATION: Approve Option 1.
CITY MANAGER APPROVAL:
DIRECTOR ApPRO V AL: ~ _f Ai?
Committee Council
COMMITTEE RECOMMENDATION:
kXwsd
Committee Chair
tfl.~
Committee Member
PROPOSED COUNCIL MOTION: "I move to orward the ordinance to a second reading for enactment on the
January fih consent agenda".
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
o APPROVED
o DENIED
o TABLEDIDEFERREDINO ACTION
Jl. MOVED TO SECOND READING (ordinances only)
REVISED - 0210612006
COUNCIL BILL #
1 ST reading
Enactment reading
ORDINANCE #
RESOLUTION #
l1,-t;~~
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
W ASIDNGTON, RELATING TO NUISANCES, ADDING SECTIONS,
AMENDING SECTIONS, AND REPEALING SECTIONS IN CHAPTERS 9, 10,
13, 15, AND 22 OF THE FEDERAL WAY CITY CODE.
WHEREAS, the City of Federal Way is in the process of re-codifying and reorganizing the Federal
Way City Code (FWCC) into the Federal Way Revised Code (FWRC) and through this process has found
redundant sections and language as well as unclear sections, inaccurate sections, and other sections that
could be revised for better readability and workability; and nuisances regulations can be simplified and
consolidated;
WHEREAS, certain Code provisions need to be modified to coordinate with state and county law
requirements in areas of nuisances;
WHEREAS, regulations addressing general nuisances would make enforcement and regulation more
consistent and effective;
WHEREAS, none of the changes to the FWCC contained in this ordinance are intended to change
numbering or formatting changes that occur pursuant to the reorganization of the Code and;
WHEREAS, the City Council of the City of Federal Way finds it in the best interest of the City to
update its code, and amending these sections bears a substantial relation to public health, safety, or
welfare of the people of Federal Way; is consistent with the applicable provisions of the comprehensive
plan; and is in the best interest of the residents of the city;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, DO ORDAIN AS FOLLOWS:
SECTION 1. A new article, Article I, shall be added to Chapter 10 of the Federal Way City Code,
(FWRC Chapter 7.03 shall be added to FWRC Title 7) to be designated as General Public Nuisances and
to read as follows:
Ordinance 08-
Page 1 of 17
10-1 rFWRC 7.03.0101 Purpose and Intent.
The purpose of this chapter rTitle 1 is to provide for the protection of the health, safety, and general
welfare of the citizens of the City of Federal Way by proscribing those nuisances which affect the rights
of the community. The presence of nuisances enumerated in this chapter requires an emphasis on
measures to correct those conditions which are iniurious to the public health, safety, and welfare. It is the
intent of the City Council to establish efficient administrative procedures to enforce the regulations of the
City, to provide a prompt process to address alleged violations, and to establish standards to be used by
the City to abate public nuisances. The intended result of abating a public nuisance is to protect public
health and property values by reducing noxious weeds, providing for safer pedestrian and automobile
traffic flow, reducing impacts to the environment by preventing the indiscriminate storage of inoperable
vehicles, and protecting the health, safety, and general welfare of the citizens. Unkempt. unsafe,
unsanitary and otherwise improperly maintained premises and structures, sidewalks and easements within
the City create obvious hazards. Also, these conditions adversely affect the value, utility and habitability
of property within the City as a whole and specifically cause substantial damage to adioining and nearby
property. The economic well-being of the City is materially and adversely affected by nuisances. This
chapter conyeys to the City administration all necessary and proper powers to abate nuisances as they are
described or found to exist and to charge the costs of their abatement to those responsible, the owners and
occupants of the property upon which nuisances exists, and those properties themselves. This chapter is
an exercise of the City's police power, and it shall be liberally construed to effect this purpose.
10-2 rFWRC 7.03.0201 Definitions.
The definitions in this section apply throughout this chapter unless the context clearly requires
otherwise. Terms not defined here are defined according to FWCC 1-2.
Abandoned means any property, real or personal. which is unattended and either open or unsecured so
that admittance may be gained without damaging any portion of the property. or which evidences indicia
that no person is presently in possession, e.g., disconnected utilities, accumulated debris, uncleanness,
disrepair and, in the case of chattels, location. Length of time or any particular state of mind of the owner
or person entitled to possession are not conclusive in determining that property is abandoned.
Attractive nuisance means the circumstance or condition which may reasonably be expected to attract
young children and which constitutes a danger to such children. Attractive nuisances include but are not
limited to unused or abandoned refrigerators, freezers, or other large appliances or equipment or any parts
thereof: abandoned motor vehicles; any structurally unsound or unsafe fence or edifice; any unsecured or
abandoned excavation, pit, well, cistern, storage tank, or shaft; and any lumber, trash, debris, or
vegetation that may prove a hazard for minors.
Building, in addition to its ordinary meaning, includes any dwelling. fenced area, vehicle, railway car,
cargo container, or other structure used for the lodging of persons or for carrying on business therein, or
for the use, sale or deposit of goods. Each unit of a building consisting of two or more units separately
secured or occupied is a separate building.
Hearing Officer means the City Manager. or his or her designated representatiye.
Junk means old, used, or scrap metal. rope, rags, batteries, paper, rubber. tires, machinery or
appliances or parts of such machinery or appliances, wood, debris, trash, waste, household goods or
hardware, medications, medical supplies, or medical devices, or junked, dismantled, wrecked or
inoperable motor vehicles or vehicular component parts.
Junk vehicle means any vehicle substantially meeting at least three of the following conditions:
(1 ) Is three years old or older;
(2) Is extensively damaged, such damage including but not limited to any of the following: a
broken window or windshield or missing wheels, tires, motor, or transmission;
(3) Is apparently inoperable;
(4) Has an approximate fair market value equal only to the approximate value of the scrap in it.
Ordinance 08-
Page 2 of 17
Junkvard means a property or place of business which is maintained, operated or used for storing,
keeping, buying, selling or salvaging iunk.
Litter shall include, but is not limited to, debris in the form of cans, bottles, glass, ashes, garbage,
wastepaper, packing material. scarp iron, wire metal articles, discarded furniture and appliances, junk,
broken stone or cement, broken crockery, discarded building materials, inoperable bicycles, or bicycle
parts, rags, boxes, crates packing cases, mattresses, bedding, tree and yegetation trimmings, and all other
trash, including abandoned inflammable materials, which are a fire hazard or a menace to the public
health, safety, or welfare.
10-3 rFWRC 7.03.0301 Public Nuisance Defined
A public nuisance consists of doing an unlawful act. or omitting to perform a duty, or permitting an
action or condition to occur or exist which:
1. Unreasonably annoys, iniures, or endangers the comfort, health or safety of others; or
2. Is unreasonably offensive to the senses; or
3. Unlawfully interferes with, obstructs or tends to obstruct, or renders dangerous for passage any
stream, lake, bay, park. square, right-of-way, street. alley, or sidewalk. in the City; or
4. Unlawfully interferes with, damages, or pollutes designated habitat areas, publicly owned
restoration sites, streams, creeks, lakes, wetlands, or tributaries, and similar areas thereto; or
5. Results in illicit discharges into the municipal storm drainage system; or
6. In any way renders other persons insecure in life or the use of property; or
7. Obstructs the free use of property as to essentially interfere with the comfortable enioyment of life
and property; or
8. Results in unsecured attractive nuisances; or
9. Creates or permits the existence or continuance of any of the specific nuisances identified in this
chapter, violates a provision of this chapter, or is otherwise declared or deemed a nuisance by this Code.
10-4 rFWRC 7.03.0401 Specific Public Nuisances
The following specific acts, omissions, places, conditions, and things, including those that create,
maintain, use, cause, allows, or permits to exist or remain on any public or private property any of the
following specific acts, omissions, places, conditions, and things, are hereby declared to be public
nUIsances:
1. Excavations or naturally occurring holes, including, but not limited to, privies, vaults, cesspools,
sumps, pits, wells, or any other similar conditions, which are not secure and which constitute a concealed
danger or other attractive nuisance;
2. Making, causing, or permitting to be made discordant and unnecessary noise of any kind which
annoys any significant number of persons lawfully in the immediate area, whether by means of any
speaker or other sound-amplifying device, horn, or other mechanical device; or by outCry, loud speaking,
singing; or by any other means;
3. The discharge of sewage, human excrement, or other wastes in any location or manner, except
through systems approved for the conveyance of such, to approved public or priyate disposal systems and
which are constructed and maintained in accordance with the provisions this Code, other applicable law,
or in a manner iniurious to the public health;
4. Animal parts, manure, excreta, or wastes including bones, meats, hides, skins, or any part of any
dead animal. fish, or fowl. which are improperly handled, contained, or remoyed from a premise; placed
in any watercourse, lake, or street; or allowed to become putrid, offensive, and iniurious to the public
health;
5. The erection or use of any building, room, or other place in the City for exercise of any trade,
employment, or manufacture which, by emitting noxious exhausts, particulate matter, offensive odors, or
other related annoyances, is discomforting, offensive, or detrimental to the health of individuals or of the
Ordinance 08-
Page 3 of 17
..
public:
6. Any poisonous material or thing on any property, placed so as to be dangerous to any person or
domesticated animal:
7. Storing of flammable junk on any property, including but not limited to old rags, rope, cordage,
rubber, boxes, or paper, unless it is in a building of fireproof construction:
8. Burning or disposal of refuse, sawdust. or other material in such a manner as to cause or permit
ashes, sawdust, soot, or cinders to be cast upon the streets of the City, or to cause or permit the smoke,
ashes, soot, or gases arising from such burning to become annoying or to injure or endanger the health,
comfort, or repose of persons:
9. To carry on the business of manufacturing gun powder, nitroglycerine, or other highly explosiye
substance. mixing or grinding such materials. or to establish a powder magazine within a 1000 feet of any
building or without all necessary permits:
10. Filthy, littered, trash-coyered, or oyer grown premises or abutting street and alley rights-of-way for
which a property owner is responsible, including, but not limited to:
(a) Storing outside a completely enclosed building litter, junk. or cut brush or wood including
dead or decaying plant material except as contained in a compost pile or orderly stacked firewood if cut in
lengths of four feet or less, or items that threaten public health, safety or welfare:
(b) All unused, abandoned or discarded refrigerators, ice boxes or like containers which are left in
any place exposed or accessible to children, whether such is outside any building or dwelling or within
any unoccupied or abandoned building, dwelling or other structure:
(c) All places used or maintained as dumps. junkvards, or automobile or machinery disassembly
yards or buildings not properly permitted and licensed or not in compliance with any law or regulation.
11. Any unsightly, abandoned, or deteriorated structure constructed with inappropriate materials or
improperly fastened together or anchored against the forces of nature: any screening which is in a falling,
decayed, dilapidated, or unsafe condition: any structure where construction was commenced and the
structure was left unfinished: or any structure that has been constructed or modified without permits or
which is otherwise in violation of City ordinance:
12. Personal property left in the public right-of-way of any road or alley, including but not limited to
any personal and household items, furniture, appliances, machinery, equipment. building materials: and
the abandonment or allowing the abandonment of property in any public right-of-way:
13. The parking or storage of vehicles on single-family residential lots in violation of the parking
regulations in this Code:
14. To obstruct, impede. or encroach upon, without legal authority. the use of any river. harbor, lake,
waterway: landing place. right-of-way, street, priyate way. or public area: to unlawfully obstruct or
impede the flow of municipal transit vehicles or passenger traffic, access to municipal transit vehicles or
stations, to unlawfully obstruct or impede a municipal transit driver, operator, or supervisor in the
performance of that individual's duties: or otherwise interfere with the provision or use of public
transportation services: or to create or place any device simulating traffic control signs:
15. To suffer. maintain. or permit to be maintained, any place where intoxicating liquors are
unlawfully kept for sale or disposal to the public:
16. Any place where fighting between people or animals or birds is unlawfully conducted or allowed.
17. Those acts. omissions, places, conditions, and things declared nuisances elsewhere in this chapter
or elsewhere in the Code, including in FWCC 4-146 - 4-154 and FWCC 6-340.
18. All violations of development. land use. public health, safety, and welfare and sanitation rules,
regulations, or ordinances of the City or Seattle-King County Health Department rules, regulations, or
ordinances
Anything meeting the definition of a public nuisance under this chapter.
10-5 rFWRC 7.03.0501 Nuisance is a violation
Ordinance 08- Page 4 of 17
It is unlawful and a violation of this chapter, whether by act or omission, to cause, create, maintain,
suffer, or allow a public nuisance to occur, exist, or remain. Each day any person allows or fails to abate
such nuisance after notice shall constitute a separate violation. In addition to any other penalty, a violation
of any provision of this chapter is a civil infraction under FWCC 1-24.
10-6 rFWRC 7.03.0601 Penalties and enforcement. authority
The Building Official and Code enforcement officers may enforce the proyisions of this chapter
rTitle 1 through any enforcement provisions in Chapter 1. Art III. Police officers may enforce the
provisions of this chapter criminally or otherwise regardless of any civil actions or proceedings. The
provisions of this chapter are not exclusive, and may be used in addition to other enforcement provisions
authorized by the Code or other applicable law, except as specifically precluded by law. The code
enforcement officer charged with the enforcement of this chapter, acting in good faith and without malice
in the discharge of his duties, shall not thereby be rendered personally liable for damage that may accrue
to persons or property as a result of an act or omission in the discharge of the assigned duties. The
Building Official is authorized to administer and adopt rules and regulations to carry out the provisions of
this chapter.
10-7 rFWRC 7.03.0701 Rie:ht of Entrv
Where it is necessary to make an inspection to enforce the provisions of this chapter. or where the
code enforcement officer has reasonable cause to believe that there exists in a structure or condition
which is in violation of this chapter, the code enforcement officer is authorized to enter the structure or
premises at reasonable times to inspect or to perform the duties imposed by this chapter: provided, that if
such structure or premises be occupied that credentials be presented to the occupant and entry requested.
If such structure or premises is unoccupied, the code enforcement officer shall first make a reasonable
effort to locate the owner or other person having charge or control of the structure or premises and request
entry. If entry is refused, the code enforcement officer shall haye recourse to the remedies provided by
law to secure entry including seeking a search warrant and, upon a showing of probable cause specific to
the area sought to be searched that a violation exists, a court of competent iurisdiction shall issue a
warrant allowing a search of the common areas in which the violation is alleged.
SECTION 2. Chapter 22, Article XIII, Section 22-948 of the Federal Way City Code (FWRC
7.05.020) shall be amended to read as follows:
22-948 [7.05.020] Erosion and sedimentation regulation.
It is a development regulation violation, a public nuisance. and a violation of this Code for the owner
of the subject property to create, allow or perpetuate conditions on the subject property which cause the
erosion or undermining of adjacent property. It is also a development regulation violation, a public
nuisance, and a violation of this Code the owner of the subject property to create, allow or perpetuate a
condition which causes the deposition of sediments or the movement of other geologic materials onto
adjacent property. (Ord. No. 90-43, ~ 2(115.35),2-27-90)
SECTION 3. Chapter 22, Article XIII, Section 22-950 of the Federal Way City Code (FWRC
7.05.030) shall be amended to read as follows:
22-950 [7.05.030] Glare regulation.
Any artificial surface which produces glare which annoys; injures; endangers the comfort, repose,
health or safety of persons; or in any way renders persons insecure in life or in the use of property is a
Ordinance 08-
Page 50f 17
public nuisance, a development regulation violation, and a violation of this Code. (See also FWCC 22-
954.) (Ord. No. 90-43, ~ 2(115.50),2-27-90)
SECTION 4. Chapter 9, Article VII, Section 9-388 of the Federal Way City Code (FWRC 7.05.070)
shall be amended to read as follows:
9-388 [7.05.070] Penalty for Temporary Business violation.
(a) ,'\ny person and the officers, directors, managing agents, or partners 0f any eorporation, firm,
partnership or other organizati0n or business violating or failing to e0mply with any of the provisions of
this artiele shall be guilty of a gross misdemeanor.
(b) In addition to any penalties provided in this seetion, any Any condition caused or permitted to
exist in violation of any of the provisions of this article Chapter 9, Article VII rChapter 12.251 Temporary
Business, is a public nuisance and all remedies given by la'.:v for the pre'l'ention and abatemeR-t sf
nuisanees shall apply thereto. Further, eaeh day that sl::leh eondition or 'liolatisn e0R-tim:les shall be
regarded as a new and separate 0ffense aHd shall be pl:1llished aeeordingly. (Ord. No. 90-62, ~ 8,6-19-90;
Ord. No. 91-110, ~ 8, 11-5-91; Ord. No. 02-429, ~ 15, 11-19-02)
SECTION 5. Chapter 9, Article VIII, Section 9-422 of the Federal Way City Code (FWRC 7.05.080)
shall be amended to read as follows:
9-422 [7.05.080] Public Dances and Dance Halls Violations~
(a) It shall be a misdemeanor to engage in any aeti'lity, aet or conduct in violation sf aFl-Y 0f the
provisions of this artiele, ineluding, without limitation, operating or managing a public dance ','lithout
haying first obtained a valid license, or renev;al or operating or managing a pl::lslic dance after revocation
or suspension of any danee halllieense.
tat Any activity, act or conduct contrary to the provisions of this artiele Chapter 9, Article VIII
rChapter 12.301 Public Dances and Dance Halls, is hereby declared to be unlawful, and the vielation itself
is an injury to the eot1lfl.'R:1flity constituting a public nuisance. (Ord. No. 92-132, ~ 1(9.52),4-14-92)
SECTION 6. Chapter 13, Article VI, Section 13-180 of the Federal Way City Code (FWRC 7.05.090)
shall be amended to read as follows:
13-180 [7.05.090] Sidewalks Vyiolations deemed nuisance.
The violation or failure to comply with the provisions of this artiele Chapter 13, Article VI rChapter
4.401 Sidewalks, shall be considered a public nuisance. Any person failing to abate the nuisance 'Nitllin 10
days of serviee of the notice ofyiolation shall be subject to a fine of up to $250.00 for eaeh offense. Each
day a person fails to abate such nuisanee after notiee shall constitute a separate offense. (Ord. No. 93-188,
~ 1,9-21-93)
SECTION 7. Chapter 13, Article VII, Section 13-252 of the Federal Way City Code (FWRC
7.05.100) shall be amended to read as follows:
13-252 [7.05.100] Rieht-of-way Veeetation-Vyiolations deemed nuisance.
The violation or failure to comply with the provisions of this article Chapter 13, Article VII rChapter
4.351 Right-of-way Vegetation. shall be considered a public nuisance. ,\ny person failing to abate the
Ordinance 08-
Page 6 of 17
nuisanee within the time period speeified by the director's notiee shall be subjeet to a fine of up to
$250.00 for each offense. Eaeh day any person fails to abate such nuisanee after notiee shall eonstitute a
separate violation. (Ord. No. 93-187, ~ 1,9-21-93)
SECTION 8. Chapter 22, Article XIII, Section 22-1201 of the Federal Way City Code is hereby
repealed as follows:
22 1291 Publie nuisanee.
In addition to the other requirements of this seetion, aFty diseharge into water or ehange iR watCf
quality whieh annoys; iBjures; emlaRgers the eomf{)rt, repose, health 0f safety of perseRS; er in any way
renders persons insecure in life, or in the use of property is a yiolation of this ehapter. (Ord. No. 99 13, ~
2(115.150(6)),227 90)
SECTION 9. Chapter 10, Article II, Section 10-26 of the Federal Way City Code (FWRC 7.10.010) is
hereby repealed as follows:
19 26 (7.10.010) Ceneral prokihition.
It is unlawful for any person to eoose, or for any person iB possession of prepcrt)' to allow te erigifla-te
from the property, sound that is a poolie disturbanee noise. (Ord. Ne. 90 37, ~ 1(,^1), 220 90)
SECTION 10. Chapter 10, Article II, Section 10-27 of the Federal Way City Code (FWRC 7.10.020)
shall be amended to read as follows:
10-27 (7.10.020) Illustrative enumeration Public disturbance noise.
It is unlawful for any person to cause, or for any person in possession of property to allow to originate
from that property, sound that is a public disturbance noise. This section shall not apply to regularly
scheduled events at parks, such as public address systems for baseball games or park concerts between the
hours of 9:00 a.m. and 10:30 p.m. The following sounds are public disturbance noises in violation of this
aFtiele section:
(1) The frequent, repetitive or continuous sounding of any horn or siren attached to a motor
vehicle, except as a warning of danger or as specifically permitted or required by law.
(2) The creation of frequent, repetitive or continuous sounds in connection with the starting,
operation, repair, rebuilding or testing of any motor vehicle, motorcycle, off-highway vehicle or internal
combustion engine within a residential district, so as to unreasonably disturb or interfere with the peace
and comfort of owners or possessors of real property.
(3) Yelling, shouting, whistling or singing on or near the public streets, particularly between the
hours of 10:00 p.m. and 8:00 a.m. or at any time and place as to unreasonably disturb or interfere with the
peace and comfort of owners or possessors of real property.
(4) The creation of frequent, repetitive or continuous sounds which emanate from any building,
structure, apartment or condominium, which unreasonably disturbs or interferes with the peace and
comfort of owners or possessors of real property, such as sounds from musical instruments, audio sound
systems, band sessions or social gatherings.
(5) Sound from motor vehicle audio sound systems, such as tape players, radios and compact disc
players, operated at a volume so as to be audible greater than 50 feet from the vehicle itself.
(6) Sound from portable audio equipment, such as tape players, radios, and compact disc players,
operated at a volume so as to be audible greater than 50 feet from the source, and if not operated upon the
property of the operator.
Ordinance 08-
Page 7 of 17
(7) The squealing, screeching or other such sounds from motor yehicle tires in contact with the
ground or other roadway surface because of rapid acceleration, braking or excessive speed around comers
or because of such other reason; provided, that sounds which result from actions which are necessary to
avoid danger shall be exempt from this section.
(8) Sounds originating from construction sites, including but not limited to sounds from
construction equipment, power tools and hammering between the hours of 8:00 p.m. and 7:00 a.m. on
weekdays and 8:00 p.m. and 9:00 a.m. on weekends.
(9) Sounds originating from residential property relating to temporary projects for the
maintenance or repair of horns, grounds and appurtenances, including but not limited to sounds from
lawnmowers, powered hand tools, snow removal equipment and composters between the hours of 10:00
p.m. and 7:00 a.m. on weekdays and 10:00 p.m. and 9:00 a.m. on weekends. (Ord. No. 90-65, ~ 1(B), 7-3-
90; Ord. No. 99-341, ~ 3, 5-4-99)
SECTION 11. Chapter 10, Article II, Section 10-28 of the Federal Way City Code (FWRC 7.10.030)
is hereby repealed as follows:
10 28 (7.10.030) Exelusion.
This article shall not apply to regularly seheduled eyents at parks, su€lh as public ad<kess systems for
baseball games or park eoneerts betv/een the hours of 9:00 a.m. and 10:30 p.m. (Ord. No. 90 37, ~ 1(e),
2 20 90; Ora. No. 90 65, ~ 2, 7 3 90)
SECTION 12. Chapter 10, Article II, Section 10-29 of the Federal Way City Code (FWRC 7.10.040)
is hereby repealed as follows:
10 29 (7.10.040) EnfoFeement.
Ciyil onfor€lement ef the provisions of this chapter shall be geT/erned by Chapter 1 FV/CC, ,^..rti€lle III,
Civil Enfereement ef Cede. Civil enforcement is in addition te, and does not liffJ:i.t lH'fY ether forms of
enf-oreement available to the €lity iReluding, but not limitea to, eriminal sanetiells as speeified herein or
Chapter 1 F'NCC, "^.rtieles II, III, nuisanee and injl:Hletion aetions, or ether eiTlil or equitable aetiens to
abate, discontinue, correet or diseeurage unla'lIful a€lts iR violation of this ellapter. For se€lond and
subsequent yiolations of the provisions of this €lhapter, the person shall alse be guilty of a misdemeaRer
and upon eonviction shall be punished as provided iR FWCC LU. (Ord. No. 90 37, ~ I(D), 2 20 90; Ord.
No. 99 312, ~ 7, 5 4 99)
SECTION 13. Chapter 10, Article III, Section 10-52 of the Federal Way City Code (FWRC 7.15.020)
shall be amended to read as follows:
10-52 (7.15.020) Definitions.
fa) Abate means to remove or conceal graffiti by such means as is reasonably necessary and to
otherwise bring a property into compliance with the city code.
W Defacement means any marring and includes but is not limited to any unauthorized writing,
painting, coloring, carving, disfigurement, damaging, breaking, drawing, inscription, figure, or mark of
any type that has been placed upon any property, through the use of means including but not limited to
paint, ink, chalk, dye, markers, objects, adhesiye material, or any other substance capable of marking or
damaging property.
Ordinance 08-
Page 8 of 17
I
L_
(0) Enforcement offioer or enforoement offioial means any eity oode enforoement offieer or other oity
offioials designated by ordinanee or by the city manager for purposes of enforeing the provisions of this
artiole or provisions of other seotions of the oity oode or other laws of the oity.
fdj Graffiti means any defacement of property.
(e) Hearing examiner means the Federal Way hearing eRanHBer and the offiee thereof.
(4) Property means real or personal property, both public and private, and includes but is not limited
to vehicles, artwork, decorations, sidewalks, pavement, poles, rocks, trees, bridges, buildings, barriers,
walls, fences, gates, signage, installations, improvements, and structures within the city.
W Responsible party means an owner, a person acting as an agent for an owner, a person who has
authority over the property, or a person responsible for the property's maintenance or management.
Irrespective of any arrangement to the contrary with any other party, an owner shall always be a
responsible party for the purposes of this chapter. There may be more than one responsible party for a
particular private property. Where there is more than one responsible party, notice to any responsible
party shall be deemed to be notice to all. Where there is more than one responsible party, permission from
any responsible party shall be deemed to be permission from all unless a specific objection is made by a
nonconsenting responsible party.
W Unauthorized means without the prior express permission or consent of a responsible party. (Ord.
No. 07-550, ~ 2, 3-20-07)
SECTION 14. Chapter 10, Article ill, Section 10-54 of the Federal Way City Code (FWRC 7.15.040)
is hereby repealed as follows:
10 54 (7.15.040) Notiee to eorFeet graft....ti.
(a) Issl:lanee. 'Nheflever afl eflfer-eemoot offieer detCfFl.'lines that graffiti eRists on pref>crty within the
eity, afld the graffiti is visible frem public property, from a loeation open to the pub lie, or fram a pl:lblie
right of Y/ay, he or she may issue a notiee to eorreet graffiti t-o the respaflsible party.
(b) Content. The notiee to eorreet graffiti shall inelude the follo'NiBg:
(1) The name afld aaEkess of the property eWfler and/or other respeflsible party te wham the
notiee to correet graffiti is direeted;
(2) The street address ar ether desoriptioB sl:lffieient for identifieatiefl of the property, bl:lilding,
stmetl:l:re, premises, or land upon or ,:tithin whieh the graffiti has oeourred or is eeeurring;
(3) /'1 deseription of the graffiti, ineluding a reference to this artiele;
(1) A statement that within three days of serviee of the notioe to eorrect gTaffiti, the responsible
party must either abate the graffiti or eontact the enforeement effieer and enter an abatement plafl. :\n
abatement plan shall mean a plan or series of steps agreed to betweefl a responsible party and an
enf-oroement officer in order to abate graffiti;
(5) ,^. statement that an appeal of the notice to eorreet graffiti may be filed pl:lrsuant to FWCC 10
56 within 10 days of servioe ofthe notioe to correot graffiti;
(6) A statement that if the notiee to eorreet graffiti is not lXppealed, the graffiti is Bot abated, an
abatement plan is not entered, an abatement plan is not eemplied with, or a hearing examiner se erders
that the graffiti may be summarily abated by the city with eosts being assessed against the respaBsible
~
(c) Service of notice to correct graffiti. The enforcement offioer shall serve the notice to oorreet
graffiti upon the responsible party, either by deli'lering it personally, or by mailing a eopy by registered or
certified mail to the responsible party at his/her last kno'lm address. If service is not aeeemplished by
personal service and if an address for mailed service cannot after due diligeflee be ascertained, Botioe
shall be served by posting a eopy of the notioe to eorrect graffiti ooospieuously on the aff-eeted property or
structure. If servioe is by personal service, service shall be deemed eomplete immediately. If serviee is
made by mail, service shall be deemed complete upon the third day following the day upon whieh they
Ordinance 08-
Page 9 of 17
are placed in the mail, unless the third day falls on a Saturaay, Sunday or legal holiday, iB 'Nhien event
service shall be deemed eomplete on the first day other than a Sarnrday, Srmday or legal holiday
follewing the third day. If service is made by posting, serviee shall be deemed eomplete on the third day
follo'lIing the day the notiee of graffiti is posted. (CHd. No. 07 550, ~ 2, 3 20 07)
SECTION 15. Chapter 10, Article III, Section 10-55 of the Federal Way City Code (FWRC 7.15.050)
is hereby repealed as follows:
10 55 (7.15.050) Civil infraetion.
It is a civil infraetion to fail to pay eosts of abatement pursuant to F\VCC 10 57. Infraetions issued
under this section shall be governed by FWCC 1 21 exeept that the maximum penalty and the aefatllt
amol:Hl-1: shall be $1.00 not including fees, costs, and assessments. In aadition to any fIne, fee, eests, or
assessments imposed for an infraetion ooder this seetion, a eourt may alse impose restitutioB fer aay eosts
for abatement ooder FWCC 10 57 as part of the monetary obligations for an infraction rmder this seetion.
The provisions of this seetion are Bot exelusiye, ana may be used in aaaitioo to other enforcement
provisions authorize a by this article, the Federal Vofay City Ceae iB general, or ether applieable law,
exeef>t as specifieally precluded by law. (CHd. No. 07 550, ~ 2, 3 20 07)
SECTION 16. Chapter 10, Article III, Section 10.56 of the Federal Way City Code (FWRC 7.15.060)
is hereby repealed as follows:
10 56 (7.15.060) t....ppeals to the hearing examiner.
(a) General. j\ respeRsi-ble party to 'Nhom a notice te cerrect graffiti is directea ma-y aflpeal to the
hearing examiner. The perseB appealing may appeal either the aetenninatioB that graffiti exists on
property within the city, and the graffiti is visible from publie preperty, from a 10eatieR epeR to the
public, or from a public right of 'Nay; the amount of any costs impesea; the eorrective aetioo entered; or
any eombination thereof. The eity ma-y alse reql:lest a heariBg before the heariBg e)(aminer to assess costs,
modify previous orders, or to enter other orders as needed. If no appea-l is filed within 10 days ef issuanee,
the Botiee to correet graffiti shall be final and eonelush<e and not subject te aflpeal or reyiew in aay fol1HR.
(b) How to appeal. In order to appeal, a person must file a 'll:ritten notiee of appeal with the eity elerk
withtn 10 ealendar days from the aate ef issuanee of the notice te eorrect graffiti, speeifyiRg what issue is
being appealed. The aflpeal must be accompanied by a filing fee iB the amount of $100.00, payable by
cash or a check to the city of Federal V'lay, whieh is refoodable iR the event the aflpellam fully pre'fails on
the appeal. The filing fee is waived in cases '."here the eity requests the hearing.
(c) Effect of appeal. The timely filing of an appeal iB eemplianee with this seetioo shall stay any
requirement for abatement.
(d) Hearing.
(1) Date of hearing. \Vithin 10 days of the clerk's reeeipt ofthe appeal, the hearing examiner shall
set a publio hearing for a date within 30 days of the clerk's receipt ofthe aflpeal.
(2) Notice of hearing. The Botice shall contain the folle'lIing:
a. The file number and a brief deseription of the matter being appealed.
b. ,\. statemeR-1: ef the seope of the appeal, ineluding a smnmary of the errors alleged and the
findings and/or legal conelusions disputed in the appeal.
c. The date, term, and place of the hearing on the appeal.
(3) Distribution ofnotiee. The notice shall be mailed to the city, the responsible party, aBd/er the
appellant at least 10 calendar days before the hearing on the appeal.
Ordinance 08-
Page 10 of 17
(1) Partioipation in the appeal. The city and the appellant may participate as parties in the hearing
and eaoh may eall witnesses. ,^JlY person may partioipate in the hearing in either or both of the followmg
ways.:.
a. By submitting ',vritten eomments to the hearing examiner, either by delivering these
COmfRents to the elerk prior to the hearing or by giving these direotly to the hearing examiner at the
hearing.
b. By appearing in person, or th10ugh a representative, at the hearing and malting oral
oomments directly to the hearing. The heariBg examiner may reasonably limit the extent of oral oomments
to facilitate the orderly and timely cond1:lct of the hearing.
(5) Conduot of hearing. The hearing examiner shall conduot the hearing on the appeal plifsuant to
the rules of procedure of the hearing examiner. The city shall have the burden of proof by a
prcponderance of the e'lidence that graffiti exists on the property within the city, and the graffiti is ':isible
from public property, from a 10catioB open to the publie, or from a public right of way, or that a1:>atement
is needed to oure the violation. The hearing examiner shall make a complete electronic sound recording of
the public hearing.
(6) Continuation of the hearing. The hearing e](8mi:ner may continue the hearing if the hearing
examiner determines that he or she needs more information on the matter. The hearing examiflef may
oontinue the hearing by stating the time and plaee of the next hearing during the hearing, with01:lt Heed of
providing any further Hotiee.
(e) Deeision of bearing examiner.
(1) Issuance. The hearing eJ(amiBer shall issue an oral decision at the time of the hearing unless
good cause exists to delay the deeision. The hearing exam:i:fl:er shall iss1:le a ';vtittefl decision, inel1:ldiRg
findings, conolusions, and orders, within 11 days of the hearing. The appellant is required to comply with
any decisi0R of the hearing examiner whether oral or writteR UpOB iss1:laRce.
(2) Yaoation of notiee to eorrect graffiti. If the heari.ng exami:ner determines that there is
insufficient evidenoe that a v-iolatioB sabstantially as stated iB the netice te eorrect graffiti exists, the
hearing examiner shall yaeate the notiee to eorreet graffiti, and er<ler the appeal fee refunded.
(3) Affirmance. If the hearing examiner determines that there is suffieient eyidenee that graffiti
exists on property witmB the city, and the graffiti is visible from publie preperty, from a loeation opefl te
the publie, or :from a p1:l1:>lie right of ',vay, the hearing e](a:miner shall affirm the notiee to eerrect graffiti
aBd shall order the violatioR be abated by the respoosilile party and set a date for compliance Be later than
three days from the da:te and time ef the hearing. If the graffiti is Bot abated 1:>y the date set for eompliaRce
by the heariBg examiner, the city may abate the graffiti. The hearing EH(aminer shall set a ne';'( heariBg date
to 'lerify eompliance or assess eosts for any abatement by the eity.
(4) Modifieation. The hearing exami:ner may order a eompliaRee date for abatement later than
tm-ee days from the date of the hearing or modifY the assessment of (;Josts of abatement if good CB:l;1se is
found. In so ordering, the hearing exami:ner shall consider the follO'.ving:
a. Whether the intent of the appeal was to delay complianee;
b. Whether the appeal was frivolous;
e. 'Whether the applicant exercised reasoHable, timely, and good faith effort to eeml3ly with
the notice to eorreet graffiti; aRdlor
d. ,^illy other rele'lant faotors.
(5) Effect of decision. Failure to comply with the decisioB of the heariBg examiner shall eonstitute
a gross misdemeanor punishable by a fine of not more than $5,000 or up to 365 days imprisoBfl'lent, or
both. In addition to criminal punishment pursuant to this subseetioB, the city may pursue aR-Y other
enforcement authorized by la'N.
(f) Judicial review. Judicial review of a deeision by the hearing examiner may be sought by any party
aggrieved or adversely affeeted by the deeision, if the '."titteR petition seekiRg review is filed and served
on all parties within 21 days of the date of the decision. Filing of a petition for review dees not stay aR-Y
Ordinance 08-
Page 11 of 17
required action without further erder of the hearing examiner er a eO\:1rt having jurisdietion over the
matter. (Ord. No. 07 550, ~ 2, 3 20 07)
SECTION 17. Chapter 10, Article III, Section 10-57 of the Federal Way City Code (FWRC 7.15.070)
is hereby repealed as follows:
10 57 (7.15.070) '''1batement by the eity.
(a) ,^.uthority to abate. The city may abate graffiti 'Nhen any responsible party fails to abate a'liolatiOH
'uithin 10 days of an unappealed notice to correct graffiti v:here either no abatemeflt plan has been eBterea
or an abatement plan has not been eomplied with, er as orderea by the hearing examiner. The eity may
use agents, contractors, or volunteers under its direction, who may act purSUaflt to this artiele.
(b) Authorized action by the city. Using any lawful meaflS, the city is eKpressly autherizea te enter
upon the premises to abate graffiti during regular busiHess hours or at times Il'H:ltually agreeable y:ith the
responsible party. ,\ll reasenable effarts te minimize damage from sl:1eh entry shall be taken by the city.
The city shall not authorize nor undertake to provide for the painting or repair ef any more extensi'le area
than the area vfhere the graffiti is located. The city may seek sueh judicial proeess as it deems Beeessary
to effeet the abatement.
(c) Recovery of costs. The responsible party and-/er the OYiller shall be jaintly and severally liable fer
the eests, incll:1ding incidental expenses, of any abatement by the city aHa such costs shan eonstitute a
personal obligation and a debt owed to the city and shall be enforceable as a lien against the property
l:l}lefl which sHeh fH:lisaBee existed, in additiefl to the ether legal remedies a'/ailable fer ooforeement ef
debts. The costs shall become due and payable to the city '.vithiB 11 calendar days from the date ef Fletiee
from the city that costs are due. The term "incidental expenses" ineludes but is net limited to persafl:fl:el
costs (both direct and indirect); attorney's fees; costs inc\:HTed in documeR-tiBg the violation; hal:lling,
storage and disposal expenses; eKpenses of the city in prepariflg notices, speeifieations ana eeflkaets; the
eosts of aeeomplishing and inspecting the 'Nark; eollection costs whether direct or ind-ireet; the eosts of
any contractors for any portion of the abatement process; aHd the costs ef any required priR-tiRg and
mailing. The direetor of the eeHlFffilnity development departmeftt er designee, er the hearing examiner,
may in his or her discretion viitiye in whole or part the assessment of any costs of abatement Hpon a
showing that abatement has oecurred or is no longer neeessary, or that the cests Y/ould cause a fmancial
hardship for the responsible party. The city may authorize the Hse of collection agencies to reCO'/ef cests.
The city attorney is authorized to eelleet the costs by use of apprepriate legal remedies.
(d) Interference. No person shall obstruct, impede, or interfere with the city or its agoots, or vlith any
person 'uho OVillS, er holds any ifl.terest er estate in any property, in perferming any tasks necessary te
correct the yiolation. (Ord. Ne. 07 550, ~ 2,3 20 07)
SECTION 18. Chapter 10, Article III, Section 10-58 of the Federal Way City Code (FWRC 7.15.080)
is hereby repealed as follows:
1058 (7.15.080) Warrants authorized if needed.
(a) ,\ 'Narrant to enter the property to inspect or abate unaer this article shall not be require a f-or
graffiti yisible from outside of the property and accessible from normal access routes from the public
right of way.
(b) ,^~ judge or commissioner of the municipal court of the city of Federal Vlay or other court 'Nith
jurisdiction, upon a proper oath er afflrmation showing compliance with this article and probable eause
that a violation is present on a property, shall haye power to issue a ';farrant directed te a state or local
offieial authorizing the official to enter the property to inspect or abate.
Ordinance 08-
Page 12 of 17
(c) l\. warrant shall issue only UpOB application of an enforeement officer or employee of a
prosecuting or regulatory authority supported by deelaration or affidavit made under oath or upon sworn
testimony before the judge and establishing probable effi:lse for the issuanoe af the warrant and
particularly desoribing the property and the 'liolation. For purposes of this seetion, probable eause exists if
there is reasonable cause to belie'lC that a violation ispreserIt upoa the partieular property to be eRtered.
(d) If the judge or commissioner is satisfied that the standard for issuing a warrant has been met, the
judge or oornmissioner shall issue the warrant. The warrant nH:1st partioularly desoribe the praperty, the
violatioB, and the aotion to be tak-en.
(e) A warrant issued pursuant to this seotion must be exeouted and returned withiB 10 days unless,
upon a sho'Ning of a need for additional time, the period is exteBded or rerIe\ved by a jl:ldge or
commissioner upon a finding that sueh extension or renewal is in the publie mterest. A oopy of the
v/arrant and a receipt for abatemeBt takerI pursuant to the warrant shall be giverI ta the person whose
property is entered, or if the person is not at the praperty, the oopY shall be left m or on the preperty that
was entered or from which property was tak-eB. The return of the warrant shall be promptly made
accompanied by a writteR iRVeRtory of any property taken. /'4 capy of the return shall be frttaehed to the
warraBt and filed with the elerk of the 0000. (Ord. No. 07 550, ~ 2,3 20 07)
SECTION 19. Chapter 10, Article III, Section 10-59 of the Federal Way City Code (FWRC 7.15.090)
is hereby repealed as follows:
10 S9 (7.15.090) Pro\isioRS not exelusive.
The pro'.'isions of this ehapter are not exclusive, and may be l:lsea iB addition to other eBfereemeRt
provisions iN:ltaorized by the Federal Way City Code or other applieable law, except as speeifieally
precluded by law. (Ord. No. 07 550, ~ 2, 3 20 07)
SECTION 20. Chapter 15, Article V, Section 15-141 of the Federal Way City Code (FWRC
7.20.010) shall be amended to read as follows:
15-141 (7.20.010) Junk vehicles.
tat Junk or junked vehicles are declared public nuisances under FWCC 22-1 and 22 952 this chapter.
(al) Junk vehicles may be impounded, provided the following notice and hearing procedures are
fulfilled:
Ct..!!) At least 15 days prior to impoundment, notice shall be provided to the property owner of
record and sent to the vehicle's last registered owner of record if the yehicle's owner's identity can be
determined and that person is different from the property owner. The notice shall provide that a hearing
may be requested and that if no hearing is requested, the vehicle will be removed. This notice may be
contained in the notice of violation. If the owner or occupier of the property hinders the city from
ascertaining the owner of the vehicle, the owner of the property shall be presumed to be the owner of the
vehicle;
(~b) If a request for a hearing is received, a notice giving the time, location, and date of the
hearing on the question of abatement and removal of the vehicle or part thereof as a public nuisance shall
be mailed, by regular mail and certified mail, with a five-day return receipt requested, to the owner of the
land as shown on the last equalized assessment roll and to the last registered and legal owner of record of
the vehicle unless the owner cannot be determined. This hearing may be held in the same manner and at
the same time as an appeal of the notice of violation under FWCC 1-19;
Ordinance 08-
Page 13 of 17
(3-f) This section shall not apply to (a) a vehicle or part thereof that is completely enclosed
within a building in a lawful manner where it is not visible from the street or other public or private
property or (b) a vehicle or part thereof that is stored or parked in a lawful manner on private property in
connection with the business of a licensed dismantler or licensed yehicle dealer and is fenced according to
RCW 46.80.130 as it exists or is hereafter amended;
(4Q} The owner of the land on which the vehicle is located may appear in person at the
hearing or present a written statement in time for consideration at the hearing, and deny responsibility for
the presence of the vehicle on the land, with his reasons for the denial. If it is determined at the hearing
that the vehicle was placed on the land without the consent of the land owner and that he has not
subsequently acquiesced in its presence, then the local agency shall not assess costs of administration or
removal of the vehicle against the property upon which the vehicle is located or otherwise attempt to
collect the cost from the owner of the property;
(~~) After notice has been given of the intent of the city to dispose of the vehicle and after a
hearing, if requested, has been held, the yehicle or part thereof shall be removed at the request of a law
enforcement officer or a code enforcement officer with notice to the Washington State Patrol and the
Department of Licensing that the vehicle has been wrecked.
(e2) At least 15 days after an unappealed notice of violation under FWCC 1-17 is issued, or at
least 15 days after the final decision on an appealed notice of violation, any junk or junked vehicle or part
thereof as defined by FWCC 22-1 and/or 22-952 and encompassed by the notice of violation is subject to
summary impoundment at the direction of a law enforcement officer or code enforcement officer. A law
enforcement officer or code enforcement officer may take custody of such vehicle, at his or her discretion,
and provide for its prompt removal to a place of safety. An impoundment under this section shall not be
considered an abatement under FWCC 1-21 nor subject to its provisions.
(Ell) A warrant to enter the property and impound any vehicles shall not be required to impound
vehicles that are visible from outside of the property and accessible from normal access routes from the
public right-of-way, including but not limited to those yehicles on or adjacent to driyeways and not
behind closed gates.
(1) ,\judge 0fthe IlRHlieipal eourt of the eity of Federal 'Nay, upon a proper oath or afflfl'i'iation
showing eompliance Ylith this seetion and probable cause that a junk or j1:1Rk-ed vehicle is present on a
property, shall have power to issl:1e a warrant direeted t-o a state or 10eal official al:1thorizing the offieial to
enter the property to impoood the vemele.
(2) ,\ warrant shall issue only upon application of a designated 0ffieer or empl0yee of a
proseeuting or regulatory auth0rity supported by declaration or affidaT;it made under oath or Up0R S':/Offl
testimony before the judge and establisetRg probable cause for the issuanee of the warnmt and
partieularly describing the property and the vehicle or vehieles to be impounded. For purposes of this
section, probable cause exists if there is reasonable cause to believe that a junk or junked vehiele is
present upon the particular property to be entered.
(3) If the judge is satisfied that the standard for issuing a Ylarrant has beeR met, the judge seall
issue the warrant. The warrant must partieularly deseribe tee property aHd the vehiele er T;ehicles te be
impormded.
( 1) ,^~ y/arrant issued pursuant to this section Ffll:lst be executed and returned within 10 days
ooless, upon a shoYling of a need for additional time, the period is extended or renewed by a judge upeR a
finding that such extension or renewal is in the public interest. A eopy ef the 'Narrant and a reeeipt fer an-y
property seized pursuant to the 'Narrant shall be giyen to the person whose property is entered, or if the
person is not at the property, the eopy shall be left in or on the preperty that was entered or from whieh
property was taken. The return of the warrant shall be promptly made aeeompanied by a vmtten inveRtory
of any property taken.
(5) ,\ eopy of the return shall be attached to the Ylarrant and filed with the elerk effue eoOO.
(e1) Costs of removal may be assessed against the registered owner of the vehicle if the identity
of the owner can be determined, unless the owner in the transfer of ownership of the vehicle has complied
Ordinance 08-
Page 14 of 17
with RCW 46.12.101 as it exists or is hereafter amended, or the costs may be assessed against the owner
of the property on which the vehicle is stored.
(f~) A registered disposer under contract to the city for the impounding of vehicles shall comply
with any administrative regulations on the handling and disposing ofvehic1es. (Ord. No. 06-534, S 1, 10-
17-06)
SECTION 21. Chapter 22, Article XIII, Section 22-952 of the Federal Way City Code (FWRC
7.20.020) shall be amended to read as follows:
22-952 (7.20.020) Junk and junkyards prohibited.
It is a violation of this chapter to accumulate junk, or for a property owner or the person in control of
property to allow junk, junked~ or inoperable vehicles to accumulate, on the sl:lbjeet property. or to operate
or maintain a lunkvard on the property. In additioR, a junkyard is not flermitted iB the eity. (Ord. No. 90-
43, S 2(115.70), 2-27-90; Ord. No. 96-269, S 4, 6-18-96)
SECTION 22. Chapter 22, Article IV, Section 22-330 of the Federal Way City Code shall be
amended to read as follows:
22-330 Immediate compliance with certain provisions required.
(al) Generally. Regardless of any other provision of this article, the following nonconformances must
be immediately brought into conformance with the applicable regulations flrovisions oftms 6Rapter:
(t.!!) Nonconformance that constitutes a public nuisance under Chapter 10 rTitle 71 with the Roise
standards in FWCC 22 956;
(~Q) Nonconformance with the lighting standards in FWCC 22-954;
(3) Noneonformanee with the heat emission standards in FWCC 22951;
(1) NOR60Fl.formaR6e with the radiation standards iFJ. FWCC 22 959;
(5) Nonconformance with the air qtmlity standards in FWCC 22 947;
(6Q) Nonconformance with the standards in the International Fire Code and FWCC 8-51 through
8-120, to the extent that the nonconformance poses a threat to life or safety, as determined by the director
in consultation with the appropriate fire safety officials;
(7) Nonconformance \-yith the odor standards in FWCC 22 958;
(&4) Nonconformance with the provisions in FWCC 22-1111 et seq. regarding parking and
storage of large vehicles in residential zones;
(9) Nonoonf{)rmanee 'l{ith the provisions in FV!CC 22 952 regarding jl:Hlk;
(10) Noneonfonna:nee with the glare standards in FWCC 22950;
(-l--l-~) Nonconformance with the provision in FWCC 22-1596 regarding portable outdoor signs;
(~.o Nonconformance with the provision in FWCC 22-1596 regarding location of signs
extending over rights-of-way.
(b2) Abatement. The city may, using any of the provisions of FWCC 22 121 et seq. of this Code or
any other applicable law, immediately abate or seek discontinuance of any nonconformance listed in
subsection (al) of this section. (Ord. No. 90-43, ~ 2(165.25),2-27-90; Ord. No. 91-113, ~ 4(165.25), 12-
3-91; Ord. No. 92-135, ~ 3(165.25),4-21-92; Ord. No. 92-144, ~ 3(165.25),6-16-92; Ord. No. 97-307, ~
3, 12-16-97; Ord. No. 04-457, ~ 3,2-3-04; Ord. No. 04-468, ~ 3, 11-16-04)
SECTION 23. Severability. Should any section, subsection, paragraph, sentence, clause, or phrase of
this chapter, or its application to any person or situation, be declared unconstitutional or invalid for any
Ordinance 08-
Page 15 of 17
reason, such decision shall not affect the validity of the remaining portions of this chapter or its
application to any other person or situation. The City Council of the City of Federal Way hereby declares
that it would have adopted this chapter and each section, subsection, sentence, clauses, phrase, or portion
thereof, irrespective of the fact that anyone or more sections, subsections, sentences, clauses, phrases, or
portions be declared invalid or unconstitutional.
SECTION 24. Concurrent Legislation. Currently pending ordinances or resolutions may amend the
same sections as does this one; changes made in this ordinance are intended to be in addition to any
changes made by any other ordinance or resolution, this ordinance is not intended to repeal, reenact, or
modify portions of the section that are enacted, repealed, or modified by any other ordinance or
resolution.
SECTION 25. Corrections. The City Clerk and the codifiers of this ordinance are authorized to make
necessary corrections to this ordinance including, but no limited to, the correction of scrivener/clerical
errors, references, ordinance numbering, section/subsection numbers and any references thereto.
SECTION 26. Ratification. Any act consistent with the authority and prior to the effective date of this
ordinance is hereby ratified and affirmed.
SECTION 27. Effective Date. This ordinance shall take effect and be in force thirty (30) days from
and after its passage and publication, as provided by law.
PASSED by the City Council of the City of Federal Way this
,2008.
day of
CITY OF FEDERAL WAY
MAYOR, JACK DOVEY
ATTEST:
CITY CLERK, CAROL MCNEILLY, CMC
Ordinance 08-
Page 16 of 17
APPROVED AS TO FORM:
CITY ATTORNEY, PATRICIA A. RICHARDSON
FILED WITH THE CITY CLERK: 11-20-08
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.: 08-
Ordinance 08- Page 17 of 17
6-- h
_~9~~!~_~~_~!~_~~~!~_~__~~~t:~~~~_~:d_._~~~~-=rk_UAV1.)---11+lit'4....----~!~~-~=.fl.
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: An Ordinance Addressing Civil Enforcement In The Federal Way City Code
POLICY QUESTION: SHOULD THE CITY COUNCIL PASS AN ORDINANCE ADDRESSING CIVIL ENFORCEMENT
IN THE FEDERAL WAY CITY CODE?
COMMITTEE: Land Use/Transportation Committee
MEETING DATE: Nov. 17th, 2008
CATEGORY:
o Consent
o City Council Business
{8J Ordinance
o Resolution
o
o
Public Hearing
Other
~!~F.:F.:~_~2_~!!!Y~~Q~_~~L_~)_Q~~l!!X_S::!!Y_~:!IQ~_~X_____________~~~~:_~~~________________________
Staff is finalizing the reorganization of the Federal Way City Code into the Federal Way Revised Code. During
the process Staff has discovered a number issues relating to civil enforcement including opportunities to
generally make ciyil enforcement, penalties, authority and procedures consistent and clear; remove
redundancies, and direct enforcement to the Chapter [Title] I process for most ciyil enforcement
(except for some specific areas.) Concurrently with this ordinance staff will present a resolution on the re-
codification of the Code. Both of these will be presented to planning commission and each Council Committee.
Attachments: Staff report, Ordinance.
Options Considered: 1. Recommend approval of the Ordinance and forward to the full Council on
December 2nd.
2. Modify the proposed Ordinance and forward to the full council for first reading.
3. Do not approve the proposed Ordinance.
STAFF RECOMMENDATION: Approve Option 1.
CITY MANAGER ApPROVAL: (ff;2
Co . ee
DIRECTOR APPROVAL: ~ f fr(<."
Committee Council
COMMITTEE RECOMMENDATION:
f2X~~~
Committee Chair
~~
Committee ember
PROPOSED COUNCIL MOTION: HI mov v forward the ordinance to a second reading fQr enactment on the
January (Jh consent agenda".
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
o APPROVED
o DENIED
o TABLEDIDEFERREDINO ACfION
'Fj MOVED TO SECOND READING (ordinances only)
REYISED - 02106/2006
COUNCIL BILL #
I ST reading
Enactment reading
ORDINANCE #
RESOLUTION #
~t ~~~~
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASIDNGTON, RELATING TO CIVIL CODE ENFORCEMENT, ADDING
SECTIONS, AMENDING SECTIONS, AND REPEALING SECTIONS IN
CHAPTERS 1, 5, 8, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, AND 22 OF THE
FEDERAL WAY CITY CODE.
WHEREAS, the City of Federal Way is in the process of re-codifying and reorganizing the Federal
Way City Code (FWCC) into the Federal Way Revised Code (FWRC) and through this process has found
redundant sections and language as well as unclear sections, inaccurate sections, and other sections that
could be revised for better readability and workability; and civil code enforcement regulations can be
simplified and consolidated;
WHEREAS, certain Code provisions need to be modified to coordinate with state and county law
requirements in areas of civil code enforcement;
WHEREAS, none of the changes to the FWCC contained in this ordinance are intended to change
numbering or formatting changes that occur pursuant to the reorganization of the Code and;
WHEREAS, the City Council of the City of Federal Way finds it in the best interest of the City to
update its code, and amending these sections bears a substantial relation to public health, safety, or
welfare of the people of Federal Way; is consistent with the applicable provisions of the comprehensive
plan; and is in the best interest of the residents of the city;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, DO ORDAIN AS FOLLOWS:
SECTION 1. Chapter 1, Article I, Section 1-1 of the Federal Way City Code shall be amended to read
as follows:
1-1 How Code designated and cited.
The ordinances embraced in the following chapters and sections shall constitute and be designated the
Federal Way Gity Revised Code, and may be so cited. The Code as it existed prior to 2008 was known as
the Federal Way City Code and a reference to either, or a section of either. shall be deemed a reference to
the other or the corresponding section ofthe other.
Ordinance No
Page 1 of 36
SECTION 2. Chapter 1, Article I, Section 1-2 of the Federal Way City Code shall be amended to read
as follows:
1-2 Definitions and rules of eonstruetion.
In the eOfl.struction of tms Coae, and of all ordiJumees, the following rules shall be observea, l:ffiless
suoh oonstruction would be ineonsistent with the manifest iBtent of the eity eouneil:
The definitions in this section apply throughout the Code unless the context clearly requires
otherwise or they are more specifically defined in a title, chapter, subchapter, or section. Terms not
defined shall be given their usual meaning.
Abate means to repair, replace, remove, destroy, or otherwise remedy a condition which
constitutes a violation of this chapter by such means and in such a manner and to such an extent as the
applicable department director, enforcement officer, or other authorized official determines is necessary
in the interest of the general health, safety, and welfare of the community.
Act means doing or performing something.
Applicant means a person who, whether personally or through an agent. seeks, requests, submits,
or applies for any permit, approval. license, franchise, development proposal. or capacity reserve
certificate (CRC): and also a person who is the owner of a property in the City of Federal Way who is
engaged, whether personally or through an agent. in development. Applicant includes both the principal
and any agent.
Boards, eommittees, eommissioos, offieers, employees, departmeBts, ete!. \VheBe'ler referenee is
made to a board, eOlmnittee, commission, offieer, employee or department, ete., it shall mean the same as
ifit '.vere followed by the 'Nords "of the city of Federal '?'lay, .Washington."
City. The v:ord "eity" shall mean means the City of Federal Way, Washington, and shall extend
to and include its several officers, agents~ and employees.
City council, eouneil. The terms "eity eOl:lE:eil" afld "eouneil" shall mean or council means the
city council of the City of Federal Way, Washington acting in its official capacity.
Civil violation means a violation for which a monetary penalty may be imposed, except traffic
infractions
Code. The v/ord "Code" shall mean means the Federal Way Gity Revised Code (FWRC)' and
includes any valid ordinances adopted by the City even though they have not been codified.
Computation of time. In computing any period of time preseribed or allo'.ved by this Code, the
day of the act, event or default from which the designated perioa of time begifls to run shall not be
included. The last da-y of the period so eomputed shall be ifleluded unless it is a Saturday, Sunday €lr legal
holiday in which event the period shall run until the end of the next day which is neither a Saturday,
Sunday or legal holiday. When the period of time prescribed or allowea is less than seven days,
intermediate Saturdays, Sundays and legal holidays shall be exeluded in the eomputation.
Costs means, but is not limited to, contract expense and city employee labor expense incurred in
abating a nuisance: a rental fee for city equipment used in abatement: costs of storage, disposal. or
destruction: legal expenses and attorneys' fees associated with civil iudicial enforcement of abatement
orders or in seeking abatement orders: and any other costs incurred by the city excluding, however, fees
and expenses associated with appeals authorized by this chapter or by state law.
County. Whenever the word "ooUfl-ty" is l:lsed it shall mean and refer to means King County,
Washington.
Curb means a cement, concrete, or asphaltic concrete raised structure designed to delineate the
edge of the street and to separate the vehicular portion from that provided for pedestrians.
Delegation of authority. 'Nhenever a provision appears requiring the head of a department or
some other eity offieer or employee to do some aet or perform some duty, it shall be eonstrued to
authorize the ~ head of the department or other offieer or employee to designate, delega-te~ and
authorize subordinates to perform the required aet or perform the duty unless the terms of the provision or
Ordinance No
Page 2 0136
seetion specify otherwise and except for signing cheeks, execution of contracts~ and other duties regarding
finance.
Development means any human activity consisting of any construction, expansion, reduction,
demolition, or exterior alteration of a building or structure; any use, or change in use, or a building or
structure; any human caused change to land whether at, above, or below ground or water level; and any
use, or change in use. of land whether at, above. or below ground or water level. Development includes,
but is not limited to, any activity that requires a permit or approval under zoning ordinances, subdivision
ordinances, building code ordinances, critical areas ordinances, all portions of a shoreline master
program, surface water ordinances, planned unit development ordinances, binding site plan ordinances,
and development agreements; including but not limited to any activity that requires a building permit,
grading permit, shoreline substantial development permit, conditional use permit. special use permit,
zoning variance or reclassification, subdivision. short subdivision, urban planned deyelopment, binding
site plan, site deyelopment, or right-or-way use permit. Deyelopment also includes, but is not limited to.
filling, grading, paving, dredging, excavation, mining, drilling, bulkheading, driving of piling, placing of
obstructions to any right of public use, and the storage of equipment or materials.
Development regulation means controls placed on development or land uses, but does not include
decisions to approve a project permit application even though they may be expressed in a resolution or
ordinance.
Emergency means a situation which in the opinion of the applicable department director or
decision maker requires immediate action to prevent or eliminate an immediate threat to the health,
welfare, or safety of persons, property, or the environment.
Enforcement official or enforcement officer means any official designated by ordinance or by the
city manager to enforce the provisions of the Code or a section or sections of the Code and includes the
city building official. city code enforcement officers, and law enforcement officers.
Gender. /'.. word importing either the maseuline or feminine geBder shall extend and be applied to
both the maSCl:lliRe and feminine genders, and to f1i1.'l.'is, partRershifls aRd eerporations.
Highway. The term "m.g-fPNay" shall inelude includes any street, alley, av'Cnue or public place or
square, bridge, viaduct, tunnel, underpass, overpass~ or causeway, or public place in the city dedicated or
devoted to public use.
"Keeper and proprieter". The vlords "keeper" and "proprietor" shall mean and include persons,
firms, associati0Bs, eorporations, clubs and e0flartRerships, whether aeting by themsel-/:es or through a
servant, agent~ or employee.
Knowledge means being aware of a fact or circumstance or having information which would lead
a reasonable person in the same situation to believe a fact or circumstance exists. A person acts
knowingly or with knowledge when that person either is aware of one or more facts, circumstances, or
results described by an ordinance defining an offense; or the person has information which would lead a
reasonable person in the same situation to believe that facts, circumstances, or results exist which are
described by an ordinance defining an offense.
Month. The werd "month" shall mean means a calendar month.
Number. /\. werd importing the singular may extend and be applied to the plural, and vice 'lersa.
Oath. The word "oath" shall include includes an affirmation in all eases in 'Nhieh where, by law,
an affirmation may be substituted for an oath, and in such cases the words "swear" and "sworn" shall be
equivalent to the words "affirm" and "affirmed."
Occupant means any person occupying or having possession of property or any portion thereof.
Omission means a failure to act.
Owner. The werd "o'lmer" as applied to a building or land shall include includes any part owner,
joint owner, tenant in common, tenant in partnership, joint tenant~ or tenant by the entirety, of the whole
or of a part of such building or land.
Person. The word "person" shall extend and be applied to associations, clubs, societies, f1i1.'l.'is,
partnerships and bodies politie and corperate as v:ell as to individuals.
Ordinance No
Page 3 of36
Person means one or more individuals, firms. partnerships. corporations, sole proprietorships,
trusts, incorporated or unincorporated associations, clubs, societies, marital communities, ioint ventures,
governmental entities, agencies, or other entities or groups of persons, however organized.
Personal property. The term "personal property" includes every species of property except real
property .
Property. The '.yard "property" shall iFleh:lde includes real, personal~ and mixed property.
Proprietor includes any person whether acting by themselves or through a servant. agent, or
employee.
Publio plaoe. The term "publio plaee" saall mean any plaoe subjeot to the primary oontrol of any
public agency, including but not limited to any park, street, public way, cemetery, schoolyard or open
space adjaoeFlt thereto and any lake or stream.
Public place means any place that is in common use by, or expressly or impliedly open to, the
public, whether owned or operated by public or private interests, and includes but is not limited to any
street, right-of-way, parking area, sidewalk. plaza, playground, school ground, park, cemetery, lake,
stream, public conveyance, or business establishment open to the public.
RCW means the Revised Code of Washington.
Real property. The term "real property" shall include includes lands, tenements~ and
hereditaments.
Right-of-way means land owned, dedicated or conveyed to the public or a unit of goyernment.
used primarily for the movement of vehicles or pedestrians and providing for access to adiacent parcels,
with the secondary purpose of providing space for utility lines and appurtenances and other devices and
facilities benefiting the public. Right-of-way includes, but is not limited to, any street. easement.
sidewalk. or portion thereof under the iurisdiction of the city.
Sidewalk. The '.'lord "sidewalk" shall mean means any hard-surfaced walkways within a right-of-
way between the portion of the road designed or ordinarily used for vehicular travel any flartien of a street
eetweeB the curbline and the adjacent property line, intended for the use of, or ordinarily used by,
pedestrians or bicycles, including driveways.
Signature or subscription. The 'Nord "signature" or "subscription" means the act of writing or
affixing in any way a person's name or mark. whether personally or by direction or adoption, or result of
such act. inoludes a mark when tae person oannot '....'1i:te.
State. The term "state" sfla.ll mean means the State of Washington.
Street. The ';/ord "street" shall embraee means any streets, avenues, boulevards, roads, alleys,
lanes, viaducts~ and all other public ways in the city.
Tenant, or occupant. The '.yords "tenant" and "oooupant" as applied to a building or land shall
include includes any person holding a written or oral lease of, or who occupies the whole or part of such
building or land, either alone or with others.
Tense. ')fords used iR the past or present tense inelude the future as 'Nell as the past and preseflt.
Violation means an act or omission contrary to a provision or regulation of the Code, including
but not limited to any development regulations; all standards, regulations, or procedures adopted pursuant
to the Code; and the terms and conditions of any permit or approval issued pursuant to the Code; and
includes any act or omission at the same or different locations by the same person.
Written and or in writing. The words ",-,..titten" and "in writing" shall iRelude includes any
representation of words, letters~ or figures, whether by printing or otherwise.
SECTION 3. Chapter 1, Article I, Section 1-3 of the Federal Way City Code shall be amended to read
as follows:
1-3 CatehIines of seetions. Rules of Construction
The catchlines of the seyeral sections of this Code printed in boldface type are intooded as mere
catchwords to i1'ldieate the contents of tHe seetio1'ls and sHal11'lot be deemed or taken to be titles of S\:leH
Ordinance No
Page 4 of 36
seetions, nor as any part of the seetions; nor, unless expressly so provided, shall they be so deemed '.vhen
any of suoh seetions, ineluding the eatehlines, are amended or reenacted.
In the construction of the Code the following rules shall be followed, unless such construction would
be inconsistent with the manifest intent of the city council. including as evidenced through a more
specific provision in the code, or where the context clearly indicates a different construction.
0) Boards, committees, commissions, officers. hearing examiners, employees, departments, etc.
Whenever reference is made to a board, committee, commission, officer, hearing examiners employee or
department, etc., it means the same as if it were followed by the words "of the city of Federal Way,
Washington. "
(2) Captions. Captions, catchlines, and headings used in the Code are not any part of the law,
unless expressly so provided.
(3) Citations. Citations to Titles, chapters, sections, or subsections shall be presumed to be those
of the FWRC unless the context indicates the citation is intended to refer to the FWCC. RCW, or other
document.
(4) Computation of time. In computing any period of time prescribed or allowed by this Code, 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, Sunday, or
legal holiday in which event the period shall run until the end of the next day which is neither a Saturday,
Sunday, or 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.
(5) Delegation. Whenever a provision appears requiring the head of a department or some other
city officer or employee to do some act or perform some duty, it shall be construed to authorize the person
to designate, delegate, and authorize subordinates to perform the required act or perform the duty unless
the terms of the provision or section specify otherwise and except for signing checks, execution of
contracts, and other duties regarding finance.
(6) Gender. A word using or implying either the masculine or feminine gender extends and
applies to both the masculine and feminine genders, and to all persons.
(7) Liberal construction. The provisions of this code shall be liberally construed and shall not be
limited by any rule of strict construction.
(8) May. The word 'may' is discretionary.
(9) Number. A word importing the singular may extend and be applied to the plural and vice
versa.
(0) Prohibitions and permittin~. Words prohibiting anything being done, except in accordance
with a license or permit or authority from a board or officer, shall be construed as giving such board or
officer power to license or permit or authorize such thing to be done.
(1) Reference to, or adoption of, a statute, code, or ordinance includes and incorporates the
statute, code, or ordinance as it exists or is enacted at the time of the reference or adoption, as well any
future changes, amendments, re-codifications, additions, or deletions in that statute, code, or ordinance
that may thereafter occur unless a contrary intent is clearly expressed, and such statute, code, or ordinance
shall be given the same force and effect as if set forth in full. Whenever the word state shall appear in any
statute adopted by reference in this chapter, the word city shall be substituted; provided, however, the
term city shall not be substituted for the term state in those circumstances that set forth administrative or
licensing duties of the state and its subdivisions. Whenever a state statute specifically adopted in this
chapter refers to another state statute not specifically adopted in this chapter, the statute referred to shall
be given the force and effect necessary to enforce the statute specifically adopted in this chapter. Statutes
and codes adopted by reference by this Code shall be harmonized with other provisions of this Code to
the extent practicable but if they are in direct conflict with other provisions of this Code that are explicitly
articulated, the articulated provisions control.
(2) Registered mail. Whenever the use of "registered" mail is authorized by this code, "certified"
mail. with return receipt requested, may be used.
(3) Shall. The word 'shall' is mandatory.
Ordinance No
Page 5 of 36
(14) Tense. Words used in the past or present tense include the future as well as the past and
present.
SECTION 4. Chapter 1, Article III, Section 1-15 of the Federal Way City Code is hereby repealed as
follows:
1 15 DefinitioRs.
In this ehapter, unless a diff-erent meaning is plainly required:
(a) ,^.et means doing or performing something.
(b) Civil violatieR means a violation of a provisien of a eity developmeRt regulation for '.vhieh a
monetary penalty :FHa-Y be imposea oo.der this ehapter. Each day or portieR of a day duriRg y:hieh a
'/iolatioR eeeurs or exists is a separate violation. Trame iRITaetions purSUaflt te Chapter 11 FWCC are
speeifieally exeluded from the applieation of this chapter.
(c) DeyelopmeRt means the ereetion, alteration, erIlargemeRt, aemolition, maiRteRaflee or use of
any strueture or the alteration or use ef aflY land abo':e, at or below gr0l:1Ild or water leyel, afle all aets
authorized by a city development regulation.
(d) Deyelepment regulatioo meaRS afld iReluees the folloyting, as ef or after the effeetive <:late of
the ereinaflee eodified in this ehapter:
(1) Chapter 5 FWCC, BuildiRgs eRa BuildiRg Regulations;
(2) Chapter 8 F'NCC, Fire Pi'e'feRtieR aRe Proteetion Code;
(3) Chapter 10 F'NCC, 1>k1isanees Code;
(4) Chapter 11 FWCC, Padcs and ReereatieR Cede;
(5) Chapter .u. f'.VCC, Solid 'Vaste Code;
(6) Chapter 13 FWCC, Streets, Sidewalks and Certain Other Plaees Code;
(7) Chapter 1Q FWCC, Utilities Code;
(8) Chapter 2Q FWCC, Subdi'.rision Code;
(9) Chapter 22 FWCC, Zoning Code;
(10) .\ll standards, regulatieRs eRa preeeffi:1res adopted pursuaR-t to the abo':e; and
(11) The terms aBd eonditions of any permit or appro'lal issued pursuant te the above.
(e) "Elncrgc1'lcy" meaflS a situation whieh in the epinion of the apfllieable departmeRt ooeeter
requires immediate aetion to preveRt or eliminate an immediate threat to the health or safety ef persons,
property, or the erIvironment.
(f) "Enferccmcnt officiaf' means the city building effieial, eity code enf-oreement offieers, and all
other eity offieials designated by ordinance or by the eity maFlager for purpeses ef enforeing the
pro':isions of this or other ehapters and codes designated therein.
(g) Hearing examiner means the Federal Way hearing eJtaminer and the offiee thereof.
(h) Omission means a failure to aet.
(i) Person ineludes any natural person, any eorporation or any unineerporated assoeiatieR or
partnership.
(j) Violation means an aet or el'llission eontrary to a eity development regulation iReludiRg afl aet
or omission at the same or different locations by the same person. (Ord. No. 99-342, ~ 3, 5-4-99)
SECTION 5. Chapter 1, Article III, Section 1-14, of the Federal Way City Code shall be amended to
read as follows:
1-14 Purpose.
The purpose of this article is to establish an efficient, civil administratiye system to enforce the
development regulations of the city, to provide an opportunity for an appeal of determinations of
Ordinance No
Page 6 of 36
violations and prompt hearings and decisions on any such appeals, to establish monetary penalties for
violations, and to provide for the collection of said penalties.
It is the express and specific purpose and intent of this article to provide for and promote the health,
safety and welfare of the general public and not to create or otherwise establish or designate any
particular class or group of persons who will or should be especially protected or benefitted by the terms
of this article.
It is also the express and specific purpose and intent of this article that no provision nor any term used
in this article is intended to impose any duty whatsoever upon the city or any of its officers or employees.
Nothing contained in this article is intended nor shall be construed to create or form the basis of any
liability on the part of the city, its officers, employees or agents, for any injury or damage resulting from
any action or inaction on the part of the city, its officers, employees or agents. (Ord. No. 99-342, ~ 3, 5-4-
99)
SECTION 6. A new section is added to Chapter 1, Article III, of the Federal Way City Code to read
as follows:
1-14.5 Applicabilitv
Civil enforcement of the provisions of this Code or the terms and conditions of any permit or
approval issued pursuant to this Code shall be governed by this chapter unless other more specific
provisions apply. This chapter may be used to address or enforce the code against any violation. Each day
or portion of a day during which a violation occurs or exists is a separate violation. Aiding or abetting a
violation of another is also a violation. Notwithstanding any provision to the contrarv. any civil
enforcement of the provisions of this Code or the terms and conditions of any permit or approval issued
pursuant to this Code is in addition to, and does not preclude or limit any other forms of enforcement
available to the City including, but not limited to, criminal proceedings or sanctions, nuisance and
iniunction actions, or other civil or equitable actions to abate, discontinue, correct, or discourage unlawful
acts in violation of this article. Code enforcement officers are authorized to enforce the Code using the
provisions and procedures of this chapter.
SECTION 7. Chapter 1, Article III, Section 1-16 of the Federal Way City Code is hereby amended to
read as follows:
1-16 Order to cease activity.
(al) Issuance. Whenever the enforcement officer determines that any acti'lity is being eondueted or
any deyelopment is oeeurring that does not conform to the applieable provisions of this Code, or that eivil
.!! violation otherwise exists, he or she may issue an order to cease activity directing any person causing,
allowing~ an4lor participating in the offending conduct to cease such activity or conduct immediately.
(132) Posting and serviee Service of order. The enforcement official shall serve the order upon the
person to whom it is directed, either by: (1) Delivering delivering it personally; or ~~ mailing a
copy of the order to eease aetivity !! by registered or certified mail, postage prepaid, return receipt
requested, to such person at ~ his or her last known address and by posting a copy of the order to
cease activity conspicuously on the affected property or structure, or as near to the affected property or
structure as feasible.
If service is not accomplished by personal service and if an address for mailed service cannot be
ascertained, service shall be accomplished by posting a copy of the order conspicuously on the affected
property or structure. If service is by personal service, service shall be deemed complete immediately. If
service is made by mail. service shall be deemed complete upon the third day following the day upon
which the order is placed in the mail. unless the third day falls on a Saturday, Sunday, or legal holiday, in
which eyent service shall be deemed complete on the first day other than a Saturday. Sunday, or legal
Ordinance No
Page 70f36
holiday following the third day. If service is made by {Josting, service shall be deemed complete on the
third day following the day the order is posted.
Proof of service shall be made at the time of service by a written declaration under penalty of peIjury
executed by the person effecting the service, declaring the time and date of service and the manner by
whieh of service was made. Any failure of the person to whom the order to cease activity is directed to
observe the posted order or to actually receive the mailed order shall not invalidate service made in
compliance with this section, nor shall it invalidate the order to cease activity.
(eJ) Appeal of order to cease actiyity. An order to cease activity may be appealed under the
procedures set forth in FWCC 1-19. During any such appeal, the order to cease activity shall remain in
effect.
(d:!) Effect of order to cease activity. When an order to cease activity has been issued, posted and/or
served pursuant to this section, it is unlawful for any person to whom the order is directed or any person
with actual or constructiye knowledge of the order to conduct the activity or perform the work covered by
the order, even if the order to cease activity has been appealed, until the enforcement officer has removed
the copy of the order, if posted, and issued written authorization for the activity or work to be resumed.
Violation of an order to cease activity constitutes a misdemeanor punishable by a fine ofl:lp to $1,000, or
imprisonment for up to Flmety (90) days, or both. In addition, a monetary penalty shall accrue for each
day or portion thereof that a violation of an order to cease activity occurs, in the same amounts as under
FWCC 1-17(e). In addition to such criminal or monetary penalties, the city may enforce the order to cease
activity in accordance with FWCC 1-21 below, andfeF enforce it in superior court. (Ord. No. 99-342, ~ 3,
5-4-99)
SECTION 8. Chapter 1, Article III, Section 1-17 of the Federal Way City Code is hereby amended to
read as follows:
1-17 Notice of violation and order to correct.
(a) Issuance. Whenever the enforcement official determines that a eivH violation has occurred or is
occurring, hefshe he or she may issue!! notice of violation and an order to correct ("notice and order") to
the property ovmer 0r to any person causing, allowing andfor participating in the violation, including the
property owner. The notice and order issued pursuant to this section represents a determination that a
violation of this Code has been committed. This determination is final and conclusiye unless appealed as
provided herein.
(b) Content. The enforcement official shall include the following in the notice and order:
(1) The name and address of the property owner and/or other person to whom the notice and
order is directed;
(2) The street address or description sufficient for identification of the building, structure,
premises, or land upon or within which the violation has occurred or is occurring;
(3) A description of the violation and a reference to that provision of a city development
regulation which has been violated;
(4) A statement of the action required to be taken to correct the violation as determined by the
enforcement official and a date or time, not less than three days after service of the notice and order, by
which correction is to be completed;
(5) A statement that the person to whom the notice and order is directed must:
a. Complete correction of the violation by the date stated in the notice; eF
b. Appeal the notice and order as provided in FWCC 1-19; or
c. Enter and comply with a voluntary correction agreement with the City; and
(6) A statement that, if SHeh the violation is not corrected aOO: the notice and order is not appealed,
a voluntary correction agreement is not entered or complied with, or a hearing examiner so orders or the
person does not comply with a hearing examiner's order. a monetary penalty in an amount per day for
each violation as specified by FWCC 1-17(e) shall accrue against the person to whom the notice and
Ordinance No
Page 8 of 36
order is directed for each and every day, or portion of a day, on which the yiolation continues following
the date set for correction. and that the violation may be abated by the city under FWCC 1-21 with costs
assessed against the person.
(c) Service of notice and order. The enforcement official shall serve the notice and order upon the
person to whom it is directed, either by: (1) Dgelivering it personally; or~ By mailing a copy of i! the
order to eorreet violation by registered or certified mail, postage prepaid, return reoei!3t reql:lested, to such
person at fti.sfReF his or her last known address and by posting a copy of the notice and order
conspicuously on the affected property or structure.
If service is not accomplished by personal service and if an address for mailed service cannot be
ascertained, service shall be accomplished by posting a COPy of the notice and order conspicuously on the
affected property or I structure. If service is by personal service, service shall be deemed complete
immediately. If service is made by mail. service shall be deemed complete upon the third day following
the day upon which the notice and order is placed in the mail. unless the third day falls on a Saturday.
Sunday, or legal holiday, in which event service shall be deemed complete on the first day other than a
Saturday, Sunday, or legal holiday following the third day. If service is made by posting, service shall be
deemed complete on the third day following the day the notice and order is posted.
Proof of service shall be made at the time of service by a written declaration under penalty of petjury
executed by the person effecting the service, declaring the time and date of servioe and the manner :ay
wffieh of service was made. Any failure of the person to whom the notice and order is directed to observe
the posted notice and order or to actually receive the mailed notice and order shall not invalidate service
made in compliance with this section, nor shall it invalidate the notice and order.
(d) Extension. Upon written request received prior to the correction date or time, the enforcement
official may extend the date set for correction for good cause or in order to accommodate a violation
correction agreement. The enforcement official may consider substantial completion of the necessary
correction or unforeseeable circumstances which render completion impossible by the date established as
a good cause.
(e) Monetary penalty. The amount of the A monetary penalty shall accrue for each pet' day or portion
thereof that each violation continues beyond the date set in a notice and order. The maximum penalty and
the default amount shall be $100.00 for the first violation, $200.00 for a second violation of the same
nature or a continuing violation. $300.00 for a third violation of the same nature or a continuing violation,
and $500 for each additional violation of the same nature or a continuing violation in excess of three not
including fees, costs, and assessments. is as follows:
(1) First violation, $109.00;
(2) Second'lielation, $200.00;
(3) Third violation, $300.00;
(1) ,^.dditional vielations in exeess oftm-eo, $500.00.
(f) Continued duty to correct. Payment of a monetary penalty pursuant to this chapter does not relieve
a person of the duty to correct the violation as ordered by the enforcement official.
(g) Declaration of compliance. When the violation has been corrected and the penalty paid, the
enforcement officer shall issue a letter which shall so state, and shall also record the date upon which the
violation was fully corrected, beyond which no further penalty shall accrue.
(h) Effect of unappealed notice and order. If a notice and order is not appealed, each day which the
violation continues beyond the date set in order to correct shall constitute a misdemeanor punishable by a
fine of up to $1,000, or imprisonment for up to ninety (90) days, or both. In addition to sueh eriminal
penalties, the city may enforee the notice and order in aeeordance with FWCC 1 29 ail:d 1 21, and/or
enf-oree it in superior court. (Ord. No. 99-342, ~ 3, 5-4-99)
SECTION 9. Chapter I, Article III, Section 1-18 of the Federal Way City Code is hereby amended to
read as follows:
Ordinance No
Page 9 of 36
1-18 Voluntary correction agreement.
(a) General. Prior to the issuance of a notiee and order under FWCC 1 17, or in lieu thereof, when
When the city determines that a violation of an of{linanee has occurred, the city may enter into a
voluntary correction agreement any person causing, allowing, or participating in the violation, including
the property owner. )',herein the person(s) respm'lsible fer the violatiol'l or the o,mer(s) of property 00.
which the yiolation has oeeurred or is oeeurring agrees to abate the yiolatiol'l within a speeified time
period and aceording to speeified conditions. A voluntary correction agreement may be instead of, in lieu
of, or in coniunction with a notice and order under FWCC 1-17.
(b) Contents. A voluntary correction agreement shall be in writing, signed by the personfsj
responsible for the violation and/or the owner(s) of property on whieh the violation has oeeurred or is
oceurring and an enforcement official, and shall contain substantially the following information:
(1) The name and address of the person responsible for the violation and/or the O'Nner afproperty
on whieh the violation has occurred or is oeeHITing;
(2) The street address or a description sufficient for identification of the building, structure,
premises, or land upon or within which the violation has occurred or is occurring;
(3) A description of the yiolation and a reference to the regulation violated;
(4) The necessary corrective action to be taken, and a date or time by which the correction must
be completed;
(5) An agreement by the person responsible for the violation and/or the ovmer(s) of property aD
whieh the yiolation has aeeHITed or is oecurring that the city may inspect the premises as may be
necessary to determine compliance with the voluntary correction agreement;
(6) An agreement by the person responsible for the violation and/or the ovmer(s) of property on
which the yiolation has oeeurrea ar is occurring that, if the terms of the voluntary correction agreement
are not met, the city may enter the property, abate the violation~ and recover its costs and expenses as
provided in this article;
(7) An agreement that by entering into the voluntary correction agreement, the person responsible
for the violation and/or the oy;ner(s) of property on whieh the violatiol'l has oeeurred or is oeeurring
waives the right to a hearing before the examiner under this article regarding the matter of the violation,
any penalty~ andfef required corrective action; and
(8) A statement that failure to comply with the terms of the agreement shall constitute a
misdemeanor punishable by a fine not to e~ceeed $1,000 afld/or imprisonment f-or not FRore tflafl FHnety
(90) days.
(c) Modification and time extension. An extension of the time limit for correction or a modification of
the required corrective action may be granted by the enforcement official if the person responsible for the
violation has shown due diligence and/or substantial progress in correcting the violation but unforeseen
circumstances render correction under the original conditions unattainable. All modifications or time
extensions shall be in writing, signed by the personfsj responsible for the violation and/or the o',vner(s) of
the property on whieh the yiolation has oeeurred or is oeeurring and an enforcement official.
(d) Penalty for noncompliance. Violation of the terms of the a voluntary correction agreement shall
eonstitute lli a misdemeanor punishable by fine not to exeeed $1,000 and/or imprisonment for not more
than ninety (90) days. Further, the city may enter the property, abate the violation~ and recover all costs
and expenses of abatement in accordance with the provisions of this chapter. (Ord. No. 99-342, ~ 3, 5-4-
99)
SECTION 10. Chapter 1, Article III, Section 1-19 of the Federal Way City Code is hereby amended
to read as follows:
1-19 Appeal to hearing examiner.
(al) General. A person ta v,hom an order to eease activity or a natiee and order is directed may
appeal the order to aease acti',ity or notice and order to the hearing examiner. The persol'l appealing may
Ordinance No
Page 10 of 36
appeal either the determination that a violation exists, the amount of any monetary penalty imposed, the
corrective action ordered, or all throe. (b) How to appeal. A person may appeal an order to cease activity
or notice and order to the hearing examiner by filing a written notice of appeal with the city clerk within
14 calendar days from the date of service of the order to cease activity or notice and order, specifying
what issue is being appealed. The person appealing may appeal either the determination that a violation
exists, the amount of any monetary penalty imposed, the corrective action ordered, or any combination
thereof. The city may also request a hearing before the hearing examiner to assess costs. modify previous
orders. or to enter other orders as needed. The appeal must be accompanied by cash or a check, p~yable to
the city of Federal Way, in the amount of$100.00, which is refundable in the event the appellant prevails
on the appeal. The filing fee is waived in cases where the city requests the hearing.
(e~) Effect of appeal. The timely filing of an appeal in compliance with this section shall stay the
requirement for action specified in the notice and order that is the subject of the appeal. The monetary
penalty for a continuing violation does not continue to accrue during the pendency of the appeal;
however, the hearing examiner may impose a daily monetary penalty from the date of service of the order
to cease activity or notice and order if he the hearing examiner finds that the appeal is frivolous or
intended solely to delay compliance. An appeal does not lift or stay an order to cease activity. The effeet
of the filing of an appeal of an order to sease aotivity shall be as pro'/ided in FWCC 1 16( d).
(dJ) Hearing. N otiee of and hearing before the hearing eKlli'l'Hner.
(+~) Date of hearing. Within 10 days of the clerk's receipt of the appeal, the hearing examiner
shall set a public hearing for a date within 30 days ofthe clerk's receipt of the appeal.
(~Q) Notice of hearing. a. Conteflt. The olerk shall eal:lse a notioe of the appeal hearing to be
posted OR the property that is the subjeet of the order to eease aetiv-ity or notioe and order, afHi! mailea to
the appellant and property O'lmers leeatea within 30Q feet of the property that is the subjeet of the
'/iolation. The notice shall contain the following:
@. The file number and a brief description of the matter being appealed.
~ A statement of the scope of the appeal, including a summary of the errors alleged and
the findings and/or legal conclusions disputed in the appeal.
(iii~ The date, term and place of the public hearing on the appeal.
(iv)~ A statement of who may participate in the appeal.
W~ A statement of how to participate in the appeal.
(~) Distribution. The clerk shall cause a notice of the appeal hearing to be posted on the property
that is the subiect of the order to cease activity or notice and order, and mailed to the appellant and, in
cases involving any ordinance regulating the improvement. development. modification, maintenance, or
use of real property, to all property owners located within 300 feet of the property that is the subiect ofthe
violation. The notice shall be mailed and posted at least 10 calendar days before the hearing on the appeal.
(49) Participation in the appeal. The city and the appellant may participate as parties in the
hearing and each may call witnesses. Any person may participate in the public hearing in either or both of
the following ways:
.ti}a-; By submitting written comments to the hearing examiner, either by delivering these
comments to the clerk prior to the hearing or by giving these directly to the hearing examiner at the
hearing.
(ill&: By appearing in person, or through a representative, at the hearing and making oral
comments directly to the hearing. The hearing examiner may reasonably limit the extent of oral comments
to facilitate the orderly and timely conduct of the hearing.
(~)Conduct of hearing. The hearing examiner shall conduct the hearing on the appeal pursuant
to the rules of procedure of the hearing examiner. The oity and the appellant may partioipate as parties in
the hearing and eaoh may eall \vitnesses. The appellant shall have the burden of proof by a preponderance
of the evidence that a violation has not occurred, that the amount of monetary penalty assessed was not in
compliance with the Code FWCC 1 17(e), or that the corrective action ordered is unnecessary to cure the
violation. (6) Eleetronio sound reeording. The hearing examiner shall make a complete electronic sound
recording of the public hearing.
Ordinance No
Page 11 of 36
(+1) Continuation of the hearing. The hearing examiner may continue the hearing if, for aflY
reason, he or she is unable to hear all of the public comments on the matter or if the hearing examiner
determines that he or she needs more information on the matter. If, during the hearing, the hearing
examiner announces the time and place of the next hearing on the matter and a notice thereof is postea aR
the door of the hearing room, no further notice of that hearing need be given.
(~) Decision of hearing examiner.
(t.!!) Vacation. If the hearing examiner determines that the appellant has proven by a
preponderance of the evidence that no violation substantially as stated in the order to cease activity or
notice and order has occurred, the hearing examiner shall vacate the order to cease activity or notice and
order and order the appeal fee refunded.
(~Q) Affirmance. If the hearing examiner determines that the appellant has not so proven by a
preponderance of the evidence, the hearing examiner shall affirm the order to cease activity or notice and
order, shall affirm the amount of any monetary penalty imposed by the order to eease aetivity ar notiee
afld order, and shall affirm the corrective action ordered.
(~) Modification. If the hearing examiner determines that the monetary penalty ';:as not
ealeulated in eomplianee ,'lith FWCC I 17(e), er that the corrective action ordered was unnecessary to
cure the violation~ the examiner may modify the penalty amount and/or the abatement corrective action
required depending on the determinations of the examiner. Sf)eeifies of the vialation as found at the
hearing. The hearing examiner may also modify the assessment of penalties and costs if good cause is
found. In so ordering, the hearing examiner shall consider the following:
illa-: Whether the intent of the appeal was to delay compliance;
(illl:r.- Whether the appeal was frivolous;
(iii)~ Whether there was a written contract or agreement with another party which specified
the securing by the other party of the applicable permit or approval from the city;
(iv)4 Whether the applicant exercised reasonable~ iffiEi timely, good faith effort to comply
with the applicable development regulations; or
{y}~ Any other relevant factors.
In modifying a monetary penalty under this seetioR, the hearing examiner shall impose, at a
lll1mmum, the monetary penalty set ferth in FWCC I 17(e), for eaeh separate seetion of the Caae
violated, and as determined by reference to the applicable number of violations (first, second, third) at
~ The monetary penalty shall not be modified without assuring the violation is corrected, unless the
penalty is legally erroneous. In modifying the corrective action ordered, the hearing examiner shall
require, at a minimum, any action necessary to ensure actual compliance within 14 days of the date of the
examiner's decision.
(f~) Issuance of decision. The hearing examiner shall issue an oral decision at the time of the hearing
unless good cause exists to delay the decision. The hearing examiner shall issue a written decision,
including findings of fact, conclusions, and order within 14 days of the hearing. The appellant is required
to comply with any decision of the hearing examiner whether oral or written upon issuance.
(gQ) Judicial review. Judicial review of a decision by the hearing examiner relating to any ordinance
regulating the improvement. development. modification, maintenance, or use of real property may be
sought by any person aggrieved or adversely affected by the decision, pursuant to the provisions of the
Land Use Petition Act, Chapter 36.70C RCW, if applicable, or other applicable authority, if any, if the
petition or complaint seeking review is filed and served on all parties within 21 days of the date of the
decision. For purposes of this section, "aggrieved or adversely affected" shall have the meaning set forth
in RCW 36.70C.060(2). Judicial review of all other decisions may only occur subject to the procedures of
RCW 7.16.
(liZ) Effect of decision. If judicial review is not obtained, the decision of the hearing examiner shall
constitute the final decision of the city, and the failure to comply with the decision of the hearing
examiner shall constitute a misdemeanor punishable by a fine of not more than $1,000 or up to mnety
(90) days imprisonment, or both. In addition to criminal punishment pursuant to this subseetion, the city
may pursue collection and abatement under FWCC I 20 and I 21. (Ord. No. 99-342, S 3, 5-4-99)
Ordinance No
Page 12 of36
SECTION 11. Chapter 1, Article III, Section 1-20, of the Federal Way City Code shall be amended to
read as follows:
1-20 Collection of monetary penalty.
(a) The monetary Any monetary penalty imposed under this Code constitutes a personal obligation of
the person in violation. to whom the notice and order or order to cease aetivity is directed. Any monetary
penalty assessed must be paid to the city clerk within 14 calendar days from the date of service of the
notice and order or, if an appeal was filed pursuant to FWCC 1-19, within 14 calendar days of the hearing
examiner's decision.
(b) The city attorney, on behalf of the city, is authorized to collect the monetary penalty by use of
appropriate legal remedies, the seeking a granting of which shall neither stay nor terminate the accrual of
additional per diem monetary penalties so long as the violation continues.
(1) The city may authorize the use of collection agencies to recover monetary penalties, in which
case the cost of the collection process shall be assessed in addition to the monetary penalty.
(2) The city may incorporate any outstanding penalty into an assessment lien when the city incurs
costs of abating the violation pursuant to FWCC 1-21. (Ord. No. 99-342, ~ 3, 5-4-99)
SECTION 12. Chapter 1, Article III, Section 1-21, of the Federal Way City Code shall be amended to
read as follows:
1-21 Abatement and additional enforcement procedures.
(a) '^1batement by violator. lR the absence of an appeal, any ~ required abatement shall be e~leel:lted
in the mafHler afld means specifically set forth in the notice and order te eem~ct and/or the '101l:ffitary
correction agreement by the flerson(s) responsible f-or the violation.
. W ill Abatement by city. The city may perform the abatement required upon noncompliance with
the terms of: (1) :\n an unappealed notice and ordert.L~ !! voluntary correction agreementt~ or ~ !!
final order of the hearing examiner. The costs shall be billed te the person(s) obligated to flerf-effil. the
work under P'NCC Ll1(b) (6), the vohmtary correction agreement~ or hearing examiner deeision, as
apfllieable. (1) The city may utilize city employees or a private contractor under city direction to
accomplish the abatement. The city, its employees and agents using lawful means are expressly
authorized to enter upon the property of the violator for such purposes.
(2) Recovery of costs. The city shall bill its costs, including incidental expenses, of abating the
violation to the personW obligated to perform the work under the notice and order, voluntary correction
agreement or the hearing examiner's decision, which costs shall become due and payable 30 days after
the date of the bill. The term "incidental expenses" shall include, but not be limited to, personnel costs,
both direct and indirect, including attorney's fees incurred by the city; costs incurred in documenting the
violation; the actual expenses and costs to the city in the preparation of notices, specifications and
contracts, and in inspecting the work; and the cost of any required printing and mailing. The city manager
or designee, or the hearing examiner, may in his or her discretion waive in whole or part the assessment
of any costs of abatement upon a showing that abatement has occurred or is no longer necessary, or that
the costs would cause a significant financial hardship for the responsible party. The city may authorize the
use of collection agencies to recover costs. The city attorney is authorized to collect the costs by use of
appropriate legal remedies.
(eJ) Obstruction with work prohibited. No person shall obstruct, impede or interfere with the city, its
employees or agents, or any person who owns, or holds any interest or estate in any property in the
performance of any necessary act, preliminary or incidental to, carrying out the requirements of iffi !!
notice and order to correct, yoluntary correction agreement~ or order of the hearing examiner issued
Ordinance No
Page 13 of 36
pursuant to this chapter. A violation of this provision shall constitute a misdemeanor punishable by a fine
of not more than $5,000 per day or ap to six months imprisonment, or both.
(61) Report to city council and hearing on cost of abatement. In the event Where costs are assessed
under this section and the persontsj responsible fails to pay within the 30-day period set f-orth in
subsection (b )(2) of this section, the enforcement official shall prepare a written itemized report to the city
council showing the cost of abatement, including rehabilitation, demolition, restoration or repair of such
property, including such salvage value relating thereto plus the amount of any outstanding penalties.
(+~) A copy of the report and a notice of the time and date when the report shall be heard by the
city council shall be served on the person responsible for payment as provided in FWCC 1 17(b)(6) at
least five days prior to the hearing before the city council.
(~b.) The city council shall review the report and such other information on the matter as it
receives and deems relevant at the hearing. The city council shall conftrm or revise the amounts in the
report, authorize collection of that amount or, in the case of a debt owed by a property owner, authorize
placement of an assessment lien on the property as provided herein.
(e2) Assessment lien. Following the hearing and authorization by the city council, the city clerk shall
certify to the county treasurer the confirmed amount. The county treasurer shall enter the amount of such
assessment upon the tax rolls against the property for the current year and the same shall become a part of
the general taxes for that year to be collected at the same time and with interest at such rates as provided
in RCW 84.56.020, as now or hereafter amended, for delinquent taxes, and when collected to be
deposited to the credit of the general fund of the city. The lien shall be of equal rank with the state, county
and municipal taxes. fl1 The validity of any assessment made under the provisions of this chapter shall
not be contested in any action or proceeding unless the same is commenced within 15 calendar days after
the assessment is placed upon the assessment roll.
(fQ) Additional remedies. Unless otherwise precluded by law the +he provisions of this article may be
used in lieu of or in addition to other enforcement provisions, including but not limited to, others
provisions in this Code, the use of collection agencies, or other civil actions including: iniunctions. ef.this
Code, unless othef\yise preeluded by laY/.
(1) In addition to, or in lieu of the pro'/isions of this chapter, the city may, at its optien, h1m the
matter over to collection or commence a civil action in any court of competeflt jwisdiction to collect for
any such charges incurred by the city, to obtain compliance pursuant to this ehapter, and/or to collect any
penalties that have been assessed.
(2) The city may, at its option, seek injunctive or other civil relief ill superior court regarding any
Code violation. (Ord. No. 99-342, ~ 3, 5-4-99)
SECTION 13. Chapter 1, Article III, Section 1-22, of the Federal Way City Code shall be amended to
read as follows:
1-22 Conflicts.
In the event of a conflict between this chapter and any other provision of this Code or city ordinance
providing for a civil penalty, this chapter the more specific provision shall control. (Ord. No. 99-342, ~ 3,
5-4-99)
SECTION 14. Chapter 1, Article III, Section 1-23, of the Federal Way City Code shall be amended to
read as follows:
Ordinance No
Page 14 of36
1-23 Meaning ofterms.
Whenever the term "civil penalty" is used in any code, ordinance or regulation of the city, this term
shall be deemed to have the same meaning as the term "monetary penalty," respectively, as used in this
chapter. '
SECTION 15. Chapter 1, Article III, Section 1-24, of the Federal Way City Code shall be amended to
read as follows:
1-24 Infractions authorized and statutes adopted.
(a) Enforcement officers and officials are authorized to issue civil infractions to enforce the
provisions of the Federal Way City Code designated as infraotions or as penalties except those provisions
that are either specifically designated as crimes, specifically indicated as not being eWH infractions, or
designated as traffic infractions.
(b) Unless otherwise provided, enforcement officers or officials shall follow the provisions of Chapter
7.80 RCW in issuing civil infractions. If no penalty is Unless otherwise provided, the maximum penalty
and the default amount shall be $100.00 for the first violation, $200.00 for a second violation of the same
nature or a continuing violation. and $300.00 for a third or subsequent violation of the same nature or a
continuing violation $250.00, not including fees, costs, and assessments.
(c) Unless otherwise provided, civil infractions under this section shall be governed by Chapter 7.80
RCW, except that. to the extent allowed by law, the rules of evidence shall not apply in any hearing held
regarding civil infractions.
(d) The following state statutes, inoluding all future amendmeRts, revisions, additieRs, or deletions,
are adopted by reference to the extent that they are not inconsistent with explicit provisions of the Federal
Way City Code: Chapter 7.80 RCW et seq. (Ord. No. 07-550, ~ 1,3-20-07)
SECTION 16. Chapter 1, Article III, Section 1-25, of the Federal Way City Code is hereby repealed
as follows:
1 25 CiyjJ violations designated as ehil infradions.
(a) If, after investigation or after the oomplaint of residents er ethers, the enfereement offieer has
probable cause to belie'le that a ciyil violation has ooourred er is oocurring, as defined by FWCC 1 15,
he/she may issue a ci'lil infraction pocsuant to FWCC 1 21 to the property e\vner or to any person
eausing, allowing and/or partieipating in the violation.
(b) ^ civil infraction issued pursuant to FWCC 1 21 represen.-ts a determinatic)R that a oivil violation
has been co:rrn:nitted. This determination is final and oonclusive unless oontested as provided in Chapter
7.80 RCW.
(c) Each oi'lil infraction shall earry with it a monetary penalty ef $100.00 f{)r the fIi"st violation,
$200.00 fer a second violation of the same nature or a oentinuing 'liolation, and $300.00 for a third or
subsequent violation of the same nature or a oontinuing 'liolation.
(d) Nothing in this section shall preclude criminal prosecution pocsuant to FWCC 1 13.
SECTION 17. Chapter 5, Article I, Section 5-7, of the Federal Way City Code shall be amended to
read as follows:
5-7 Enforcement (general).
All violations of this chapter or the codes adopted under this chapter are herby deterJ.'Ained found to be
detrimental to the public health, safety, and welfare~ and are ~ declared public nuisances. The
building official has the authority to adopt rules and regulations to carry out the provisions of this chapter
Ordinance No
Page 15 of36
aitle 1 and has the authority to administer and enforce this chapter rTitle J and any such rules and
regulations. It is unlawful to violate or fail to COmllly with any provision of this chapter [Title 1 or any
such rule or regulation. In addition to any other llenalty, a violation of any provision of this chapter is a
ciyil infraction under FWCC 1-24. Notwithstanding any pro'.ision to the eontrary, eivil enforeement of
the provisions of this artiele and the terms and conditions ef any permit or appreval issued pursuant to
this artiele shall be governed by Chapter 1 F'HCC, ,^,rticle III, Ci'.'il Enf-oreement of Code. Ciyil
enf-orcement is in addition to, and does not limit any other forms ef enforeement available te the eity
including, but not limited to, criminal sanetions as speeified herein or in Chapter 1 FWCC, f..rticles II, III,
nuisanee and injunction aetions, or other civil or equitable aetiens to abate, discontim:1e, eorreet or
diseourage unlawful acts in violation of this artie1e. (Ord. No. 99-342, ~ 6, 5-4-99)
SECTION 18. Chapter 5, Article II, Section 5-42, of the Federal Way City Code is hereby repealed as
follows:
S <12 Enfareement (administratioB).
Nohvithstanding any provision to the eontrary, eivil enforeemeBt ef the proyisioos of this artiele and
the terms and eonditions of any permit or approval issued purSUaH:t to this art~ele shall be ge'lerned by
Chapter 1 FWCC, l\rticle III, Ci'/il Enfereement of Code. Ci'lil enforeemeHt is in addition to, and does
not limit aH:Y other ferms ef eBfereemen.t a'lililable to the eity ine1uding, 81:11: not limited to, erimiTlal
sanetiens as speeified herein or in Chapter 1 FWCC, ,^.rtieles II, III, nuisanee and injunetion aetions, or
ether eivil aetions. (Ord. No. 99 312, ~ 6,5 1 99; Ord. No. 01 -165, ~ 4, 10 5 01)
Editor's nete Ordinanee No. (;)1 165, ~ 1, adopted Oeteber 5, 2001, deleted ~ 5 12 and renumbered ~
5 43 as a new ~ 5 12. Fermerly, sueh seetion pertained to permits and derived from Ord. No. 90 33, ~ 33,
2 13 90; Ord. No. 92 143, ~ 15,6 16 92; Ord. No. 95 234, ~ 1,66 95.
SECTION 19. Chapter 5, Article V, Section 5-92, of the Federal Way City Code is hereby repealed as
follows:
S 92 Enforeement (plumbing eode ).
Nohvithstanding any pro'lision to the eontrary, ei'/il enforcement of the provisions of this artiele and
the terms and conditions of any permit or appro'.<al issued pHfS\:lant to this artiele shall be goyemed by
ChaJ3ter 1 FWCC, Article III, Civil Enforeement of Code. Ci'/il enforecment is in addition to, and does
not limit any other forms of enforeement available to the city including, but not limited to, eriminal
sanctions as specified herein or in Chapter 1 FWCC, ,^.rtieles II, III, nuisanee and injunctioR aetions, or
other ei'/il or equitable actions to abate, discontinue, eorreet or diseoHfage Ufl.la>;/ful acts in violation of
this artiele. (Ord. No. 99 342, ~ 6, 5 1 99)
SECTION 20. Chapter 5, Article VIII, Section 5-218, of the Federal Way City Code is hereby
repealed as follows:
5 218 Enforeemellt.
The building offieial is charged with the ffiKy of enforeing this article and determining whether or not
the provisions and requirements of this article have been eomplied with. Civil enforcement of the
provisions of this artiele and the terms and oonditions of any permit or approyal issued pursmmt to this
article shall be gO'lemed by Chapter 1 FWCC, f.rtiele III, Civil Enforecment of Code. Civil enf-orcement
is in additiOl.l to, and does not limit any other forms of enforcement available to the oity includiRg, but not
limited to, oriminal sanctions as specified herein or in Chapter 1 FWCC, ,'\rtieles II, III, nuisanee and
Ordinance No
Page 16 of36
injunction actions, or other ci'lil or equitable actions to abate, discontinue, eerreet or diseolli"age oolawful
acts in violation of this article.
SECTION 21. Chapter 8, Article IV, Section 8-124, of the Federal Way City Code is hereby repealed
as follows:
8 124 Civil enforeement.
Notwithstanding any proyision in this article or in any code adopted heretmder to the contrary, eiyil
enforcement ef the provisions of this article ana the terms and conditions ef any permit or approval issued
plli"suant to this article shall be goyerned by Chapter 1 FWCC, l\rticle III, Civil Enforcement of Code.
Ci'l-il enforcement is in additieFl te, ana aees not limit any other forms of enfefeement available te the city
ineluding, but not limited to, eriminal sanetions as speeified herein, nuisanee and injlirlction aetieBs, or
other ci'.il actions. (Ord. No. 90 51, ~ 19, 1 17 90; Ord. No. 92 117, ~ 13,623 92; Ord. Ne. 99 310, ~ 7,
5199)
SECTION 22. Chapter 10, Article II, Section 10-29, of the Federal Way City Code is hereby repealed
as follows:
1 g 29 EnforeemeHt.
Civil enforcement of the pro'.isions of this chapter sha-ll be governed by Chapter 1 FV1CC, Miele III,
Ciyil Enforcement of Code. Civil enforeement is in addition te, ana aoes not limit any other forms of
ooforcemeBt available to the eity ifIeludifIg, bm Bet limited to, criminal saBetions as speeified herein or
Chapter 1 FWCC, ,'\rticles II, III, nuisance and ifljl:lfl.etion aetions, or other ei'l-il or equitable aetioos to
abate, discontinue, eorreet er diseelli"age oola'llful acts in violation ef this ehapter. Fer seeond and
subseq\:lent violations of the provisions of this ehapter, the person shall alse be guilty of a misaemeanor
ana upen con'lietion shall be punished as pnyl-ided in FWCC 1.13. (Ord. Ne. 9() 37, ~ I(D), 22090; Ord.
Ne. 99 312, ~ 7,5 1 99)
SECTION 23. Chapter 11, Article III, Section 11-53, of the Federal Way City Code is hereby
repealed as follows:
11 53 Responsibility for violation.
Anyone concerned in the violation of this article, whether Elkeetly committing the aet or omitting to
do the thing constituting the offense, or v/ho aids or abets the same, shall be a prineipal tmder the terms of
this article, and may be prosecuted and have the Code enforced against him or her as such. (Ord. Ne. 91
82, ~ 1(1)(C), 1 8 91; Ord. No. 99 312, ~ 8,5 1 99)
SECTION 24. Chapter 11, Article III, Section 11-54, of the Federal Way City Code shall be amended
to read as follows:
11-54 Administration. enforcement. and traffic re2ulations. Enforeement.
The director or designee has the authority to adopt rules and regulations to carry out the provisions of
this article r chapter 1 and has the authority to administer and enforce this article r chapter 1 and any such
rules and regulations. It is unlawful to violate or fail to comply with any provision of this article rchapterl
or any such rule or regulation. Traffic regulations under Chapter 15 FWCC, Traffic and Vehicles that
apply to public roadways shall apply throughout any park and may be enforced by law enforcement
officers or others designated bv law.
Ordinance No
Page 17 of36
(a) ,^Jl traffic yiolations oommitted within any park, including those involving motorized foot
scooters and similar devices, shall be subject to the perIalties and provisions prescribed in Chapter 15
F\VCC, Traffie and Vehicles.
(b) Ci'/il enforcement of the provisions of this article shall be governed by Chapter 1 FWCC, .^..rtiele
m, Civil Enforeement of Code. Civil enforcement is in addition to, and does not limit, any other forms of
enforcement available to the city including, but not limited to, criminal sanctioRs as speeified herein or in
Chapter 1 FWCC, Articles II, m, nuisanoe and injunction actions, or other civil or equitable aetions to
abate, disoontinue, correct or discourage unlawful acts in '/iolation of this article.
(c) Conviction of a violation of or failure to comply with the provisions of this article shall also
eonstitute a misdemeanor and shall be punished as provided in F'NCC 1 13, exeept for violations of
proyisions that constitute gross misdemeanors, conviction of which shall be punished by a fine not to
exceed $5,000 or imprisonment in jail not exceeding one year, or by both such fIne and imprisonment.
(Ord. No. 91-82, ~ 1(1)(D), 1-8-91; Ord. No. 99-342, ~ 8, 5-4-99; Ord. No. 04-464, ~ 4, 9-21-04)
SECTION 25. Chapter 11, Article III, Section 11-55, of the Federal Way City Code shall be amended
to read as follows:
11-55 Expnlsion from parks.
(a) In addition to another penalty imposed pursuant to this article, the director or designee may order
the expulsion of any person from any park for a period of one to seven days if he or she observes such
person is observed:
(1) Using abusive or disruptive language or engaging in conduct that disrupts a park facility or
program.
(2) Directing ethnic or offensive remarks at another person based on such person's actual or
perceived race or ethnic group, nationality, religion, disability, sex or sexual orientation.
(3) Using tobacco products in an unauthorized area or facility.
(4) Causing injury or risk of injury to another person or persons.
(5) Causing damage or risk of damage to city property.
(6) Violating any provision of this article.
(b) The director or designee may order the expulsion of any person from any park for a period of
seven days to one year if such person:
(1) Has been expelled from the park two or more times in any 30-day period.
(2) Causes injury to another person.
(3) Sells, possesses or uses alcohol or illegal drugs.
(4) Possesses or uses any weapon.
(5) Commits more than one violation of this article in any 12-consecutive-month period.
(c) Any order of expulsion under this section shall be in writing and shall be sent by certified mail to
the person expelled at his or her last known address or deliyered in person.
(d) The director or designee may forward the written notice of expulsion along with the certified mail
receipt to the department of public safety.
(1) The written notice of expulsion shall be a notice of trespass.
(2) Any person on city park property, in violation of the written notice of expulsion, is in
violation of this chapter and any knowing violation constitutes will be guilty of trespass.
(3) The notice of trespass and expulsion will expire on the date indicated in the written notice of
expulsion.
(e) ,\ny person Y/ho enters a park during a period during which he or she has been expelled under
subsection (a) or (b) of this section is guilty ofyiolating this artiele and will be subject to the enforcement
in FWCC 112.1. (Ord. No. 91-82, ~ 1(1)(E), 1-8-91; Ord. No. 01-396, ~ 2, 7-3-01; Ord. No. 01-404, ~ 1,
10-2-01)
Ordinance No
Page 18 of36
SECTION 26. Chapter 12, Article II, Section 12-21, of the Federal Way City Code shall be amended
to read as follows:
12-21 Administration and enforcement.
W The administrator public works director, or designee, has the authority to adopt rules and
regulations to Carry out the provisions of this chapter rTitle 1, as well as the collection and disposal of all
solid waste in the city and a voluntary garbage collection program with recycling rates imbedded to
encourage participation by residential generators of solid waste: and has the authority to administer and
enforce this chapter rTitle 1 and any such rules and regulations. It is unlawful to violate or fail to comply
with any provision of this chapter rTitle 1 or any such rule or regulation. is hereby al:1thorized and direoted
to administer the colleotion and disposal of all solid waste in the oity, and to eBforce the provisions ef this
ohapter. The director is authorized to prepare any implementing regl:1lations Fleoessary for the
development and implementation of a voluntary garbage c011ection progrffiB with reoyoliFlg rates
imbedded to encourage partioipation by residential generators of solid 'llaste.
(b) Ci'lil enforcement of the provisions of this artiole, as against all persons ether than authorized
servioe pro'liders, shall be governed by Chapter 1 P'NCC, ,^.rticle III, Chil Enf0rcement of Code. Civil
enforoement is in addition to, and does not limit any other forms of enforeemeBt available to the city
ineluding, BHt not limited te, criminal sanctions as Sf)eeified herein or in FWCC 1 13, nuislH'lee and
injlIDotion actions, or other ci\il or equitable actions to abate, discontinue, correct 0r discourage unlawful
acts in violation of this artiole. Enforcement of the provisions of this article and eRliflter against authori>3ed
service providers shall be as pro'lided by the applicable servioe agreement and as 0taerwise provided by
law, inoluding but not limited to criminal sanctions as speoified herein or in FWCC 1 13, nuisaFlce ana
injlIDction actions, or other oivil or equitable actions to abate, discontinue, 00rrect or discourage oolawful
acts in violation of this article. (Ord. No. 91-124, ~ 3(F), 12-17-91; Ord. No. 93-167, ~ 3(F), 3-16-93;
Ord. No. 99-342, ~ 9, 5-4-99; Ord. No. 02-411, ~ 7, 1-2-02)
SECTION 27. Chapter 12, Article II, Section 12-36, of the Federal Way City Code shall be amended
to read as follows:
12-36 Public nuisance.
Every person shall have the duty to ensure that solid waste or source-separated material does not
accumulate on or around his or her property in a manner that causes such solid waste or source-separated
material to become a public nuisance both as to the amount of such solid waste or source-separated
material, or the odor emanating from such solid waste or source-separated material. Each container used
for the accumulation of solid waste or source-separated material shall be kept clean inside and out, and
the area around the containers shall be kept in a neat and sanitary condition. The service provider shall
provide written notification to the administrator and the customer concerning any violations of this
provision. i\ny violation of this pro'lision by a person shall subject the perS0fl to penalties deseribed in
F'NCC U11. (Ord. No. 02-411, ~ 22, 1-2-02)
SECTION 28. Chapter 13, Article II, Section 27, of the Federal Way City Code shall be amended to
read as follows:
13-27 Enforcement.
The director of public works. or designee, has the authority to adopt rules and regulations to carry out
the provisions of this article r chapter 1 and has the authority to administer and enforce this article r chapter 1
and any such rules and regulations. It is unlawful to violate or fail to comply with any provision of this
Ordinance No
Page 19 of36
article r chapter 1 or any such rule or regulation. is authorized to enforce the previsions of this artiele, and
any rules and regulations promulgated hereunder. (Ord. No. 90-50, ~ 8,4-3-90)
SECTION 29. A new section is added to Chapter 13, Article V, of the Federal Way City Code
(FWRC 4.30.050) to read as follows:
13-121.5 [4.30.050] Authority and Enforcement.
The City Clerk or designee has the authority to adopt rules and regulations to carry out the provisions
of this article r chapter] and has the authority to administer and enforce this article r chapter 1 and any such
rules and regulations. It is unlawful to violate or fail to comlJly with any provision of this article r chapter 1
or any such rule or regulation.
SECTION 30. A new section is added to Chapter 13, Article VI, of the Federal Way City Code
(FWRC 4.40.005) to read as follows:
13-170 f4.40.0051 Authority and Enforcement.
The director of public works or designee has the authority to adopt rules and regulations to carry out
the provisions of this article r chapter 1 and has the authority to administer and enforce this article r chapter 1
and any such rules and regulations. It is unlawful to violate or fail to comply with any provision of this
article f chapter 1 or any such rule or regulation.
SECTION 31. Chapter 13, Article VI, Section 13-181, of the Federal Way City Code is hereby
repealed as follows:
13-181 Civil enforcement (sidewalks).
Civil enforcement of the provisions of this article and the terms and conditions of any permit or
approval issued pursuant to this article shall be governed by Chapter 1 FWCC, Article III, Civil
Enforcement of Code. Civil enforcement is in addition to, and does not limit any other forms of
enforcement available to the city including, but not limited to, criminal sanctions as specified herein or in
Chapter 1 FWCC, Articles II, III, nuisance and injunction actions, or other civil or equitable actions to
abate, discontinue, correct or discourage unlawful acts in violation of this article. (Ord. No. 99-342, ~ 4,
5-4-99)
SECTION 32. A new section is added to Chapter 13, Article VII, of the Federal Way City Code
(FWRC 4.35.005) to read as follows:
13-220 f4.35.0051 Authoritv and Enforcement.
The director of public works or designee has the authority to adopt rules and regulations to carry out
the provisions of this article fchapterl and has the authority to administer and enforce this article fchapterl
and any such rules and regulations. It is unlawful to violate or fail to comply with any provision of this
article r chapter 1 or any such rule or regulation.
SECTION 33. Chapter 13, Article VII, Section 13-253, of the Federal Way City Code is hereby
repealed as follows:
13 253 Civil enforeement (right of way vegetation).
Ordinance No
Page 20 of 36
Chil enforeemerIt of the pro',isions of this article and the terms and eonditions of aflY permit or
approval issued pursuant to this artiele shall be governed by Chapter 1 FWCC, .!.rticle III, Civil
Enforeement of Code. Civil enforcement is in addition to, and does not limit any other forms of
enf-ereement available to the eity inoluding, but not limited to, eriminal safletions as speeified herein or in
Chapter 1 FWCC, ,'\rt:ioles II, III, nuisanee and injunetion aetiOfls, or other ei.it or eqt:1itable aetions to
abate, diseontinue, COffeet or diseourage unlawful aets in yiolation of tms artiele. (Ord. No. 99 3 42, ~ 4,
5 4 99)
SECTION 34. Chapter 14, Article II, Section 14-70, of the Federal Way City Code shall be amended
to read as follows:
14-70 Violation - Penalty.
It is unlawful for any person, firm, or corporation to violate or fail to comply with any of the
provisions of this chapter. E'lery person eOB.-yieted of a 'liolation of any provision of tms ehapter shall be
pl:lflished by a fiRe in a sum not to exeeed $500.00. Eaeh day of yiolation shall be eonsidered a sepafate
offense. (Ord. No. 99-335, ~ 6,2-16-99)
SECTION 35. Chapter 14, Article IV, Section 14-132, of the Federal Way City Code shall be
amended to read as follows:
14-132 Administration.
The director or designee has the authority to adopt rules and regulations to carry out the provisions of
this chapter [Title] and has the authority to administer and enforce this chapter [Title] and any such rules
and regulations. It is unlawful to violate or fail to comply with any provision of this chapter [Title] or any
such rule or regulation. The direetor shall ha'le the power, and it shall be ms er her duty, from time to
time, to adopt, publish and erIforce rules and regulations not iReOflsistent with tms ehapter or with the law
f-er fue pw-pose of carrying out the provisions thereof, and it is unlawful to violate er fail to eomply .vith
any sueh rule or regulation. (Ord. No. 02-432, ~ 1, 11-19-02)
SECTION 36. Chapter 14, Article V, Section 14-187, of the Federal Way City Code shall be
amended to read as follows:
14-187 Designated official to make rules.
The designated official or designee has the authority to adopt rules and regulations to carry out the
provisions of this article and has the authority to administer and enforce this article and any such rules and
regulations. It is unlawful to violate or fail to comply with any provision of this article or any such rule or
regulation. shall haye the power, and it shall be his or her duty, from time to time, to adept, publish and
enforce rules and regulations not inconsistent with this chapter or with the law for the pOCflose of earrying
out the provisions of this article thereof, and it is unla'Nful to violate or fail to eomply vfith aflY sueh rule
or regulation. (Ord. No. 95-257, ~ 1, 12-19-95; Ord. No. 96-262, ~ 1,2-20-96)
SECTION 37. Chapter 15, Article I, Section 15-5, of the Federal Way City Code shall be amended to
read as follows:
15-5 Mandatory minimum penalties.
Unless another penalty is expressly proyided by law, any person found to have committed an act
designated a traffic infraction under the provisions of this chapter shall be punished by a penalty of not
Ordinance No
Page 21 of 36
more than $250.00; provided, howeyer, where any law, rule, or statute provides for any maximum
penalty, the actual penalty imposed for a traffic infraction committed within the area designated as the
Federal Way neighborhood traffic safety zone shall not be less than 80 percent of the maximum, not
including statutory assessments. See also FWCC 15-113; RCW 46.63.110. (Ord. No. 93-163, S 2, 1-19-
93; Ord. No. 94-207, ~ 1, 1-4-94)
SECTION 38. A new section is added to Chapter 15, Article I, of the Federal Way City Code to read
as follows:
15-15 Violations as traffic infractions
Failure to perform any act required or the performance of any act prohibited by this title or an
equiyalent administratiye regulation relating to traffic including parking, standing, stopping, and
pedestrian offenses, is designated as a traffic infraction unless otherwise proyided, except violations of
Chapter 8.10 Commute Trip Reduction (CTR); violations of Chapter 8.15 Impoundment of Vehicles
Driven by Suspended/Revoked Drivers; and violations of Chapter 8.25 Bicycles, which are as provided
therein.
SECTION 39. Chapter 15, Article N, Section 15-81, of the Federal Way City Code is hereby
repealed as follows:
15 81 Penaky for ,iolations.
lJ.Rless an0ther penalty is expressly provided by law, any pOCS0Fl found to $','e eommitted an aet
which violates the proyisions of this artiele, shall be guilty of a trame infraeti0R and shall be pUftished by
a penalty of not more than $250.00. COrd. Ne. 90 16, ~ 5,3 20 90; Ord. No. 91 97, ~ 1,5 21 91)
SECTION 40. Chapter 15, Article V, Section 15-151, of the Federal Way City Code is hereby
repealed as follows:
15 1S1 Penaky for violation.
Unless otherwise provided, any person violating any of the provisions ef this division shall be guilty
of a traffie infraetion, punishable by a maximum fine of $250.00. (Ord. No. 90 69, ~ 2, 7 18 90)
SECTION 41. Chapter 15, Article V, Section 15-167, of the Federal Way City Code is hereby
repealed as follows:
15 Hj7 Penaky for violation,
Violation of this division is a frame infraction, and shall be punished by a penalty ef$250.00. (Ord.
No. 90 35, ~ 6, 2 20 90)
SECTION 42. Chapter 15, Article VII, Section 15-204, of the Federal Way City Code shall be
amended to read as follows:
15-204 Responsible agency.
The city's public works department director or designee has the authority to adopt rules and
regulations to carry out the provisions of this article and any CTR plan adopted pursuant to it. and has the
authority to administer and enforce this article and any such CTR plan, rules, or regulations. It is unlawful
Ordinance No
Page 22 of 36
to violate or fail to comply with any provision of this article or any such rule or regulation. shan be
responsible for implementing this artiele, the CTR plan, and the city's CTR program. f{)r its O'.vn
employees. The publie works direetor shall have the authority is authorized to issue sueh rules and
administratiye proeedures as are neeessary to implement this artiele. (Ord. No. 93-164, ~ 1(18.30.040), 1-
19-93)
SECTION 43. Chapter 15, Article IX, Section 15-246, of the Federal Way City Code shall be
amended to read as follows:
15-246 Additional Penalty!es~ Scooter safety school.
(a) ,^JlY person violating any pro\ision of this artie1e shall be guilty Elf a traffie infraetion and shall be
punished by the impElsition of a monetary penalty not to exeeea $250.00, exelusive of statutery
assessments; provided, that eonooet that eElnstitutes a criminal traffic offense may be eharged as sueh aaa
is subject to the maxiFl'R.1fH penalties allo'.ved for sueh offenses.
(b) Scooter safety sehool.
(1) In addition to the other means of enforcement provided in this article, a scooter safety school is
hereby authorized to be administered jeffitly by the police department and the department of parks,
reereatioo ana el:lltural scrviees as a diversion program available to those who violate the provisions of
this chapter for the first time.
(2) The purpose of the scooter safety school is to offer those who have violated the provisions of this
chapter for the first time instruction, education, and information regarding the proper, lawful, and safe
operation of scooters and similar devices, including but not limited to the state motorized foot scooter
regulations in RCW Title 46, the rules of the road, and the limitations of persons, vehicles, and bicycles
on roads, streets, and highways under varying conditions and circumstances.
(3) The police department and department of parks, reereation and el:l:ltural serviees shall charge a fee
to scooter school participants for the purpose of reimbursing some or all of the cost of administering the
scooter school. The amount of the fee shall be as established or amended by the city council by resolution.
Participants in the scooter school shall remit said fee to the management services department in
accordance with the procedures established by the police department. (Ord. No. 04-464, ~ 7, 9-21-04)
SECTION 44. Chapter 16, Article II, Section 16-37, of the Federal Way City Code shall be amended
to read as follows:
16-37 Enforcement officer.
The public works department director or designee has the authority to adopt rules and regulations to
carry out the provisions of this article and has the authority to administer and enforce this article and any
such rules and regulations. It is unlawful to violate or fail to comply with any provision of this article or
any such rule or regulation. or designee shall be responsible for the enforcement of the pro'.isions of this
division. (Ord. No. 91-90, ~ 9, 3-19-91; Ord. No. 99-342, ~ 10,5-4-99)
SECTION 45. Chapter 16, Article II, Section 16-39, of the Federal Way City Code is hereby repealed
as follows:
Hi 39 Civil enforeemeBt.
Civil enforeement of the provisions of this division shall be gO'lemed by Chapter 1 F\VCC, ,^.rtiele
III, Ci'lil Enforeement of Code. Ciyil enforcement is in addition to, ana does not limit any other f-erms of
enforcement available to the oity iFleluding, but not limited to, eriminal sanetions as Sj3eeified herein aad
in Chapter 1 FWCC, Articles II, III, nuisanee and injtmetion aotions, or other eivil or equitable actions to
Ordinance No
Page 23 of36
abate, diseontinue, eorreet or diseourage lHllawfal aets in violation of this division. (Ord. No. 91 90, ~ 8,
3 19 91; Ord. No. 99 342, ~ 10,5 1 99)
SECTION 46. Chapter 16, Article ill, Section 16-77, of the Federal Way City Code shall be amended
to read as follows:
16-77 Created.
fa) There is hereby created and established the surface water management utility of the city under
which the provisions of this aFtiele subtitle shall be carried out. The public works department director or
designee has the authority to adopt rules and regulations to carry out the provisions of this article
[subtitle 1 and has the authority to administer and enforce this article r subtitle 1 and any such rules and
regulations. It is unlawful to violate or fail to comply with any provision of this article r subtitle 1 or any
such rule or regulation. (b) The utility herein created shall be administered by the p1:1blie works direetor.
(Ord. No. 90-32, ~ 2, 2-13-90)
SECTION 47. Chapter 17, Article IT, Section 17-28, of the Federal Way City Code is hereby repealed
as follows:
17 28 Civilllenalty.
In addition to, or as an alternati'le to, any other penalty pro'nded in this artisle or by la';/, any person
who 'nolates any provision of afl-Y b1:1siness lieense ordinanee shall be subjeet to a eivil penalty in an
amoaRt flot to eJ(eeed $250.00 per '/iolation to be direetly assessed by the direetor. The direetor, in a
reasonable manner, may 'lary the amount of the penalty assessed to eonsider the appropriatefless of the
penalty to the size of the businoss of the 'riolator; the gravity of the violatian; the fH:llllber of past and
present yiolations eommitted and the good faith of the violator iH. attompting to aehieve eomplianee after
notification of the violation. .fJl eivil penalties assessed will be enforeea and eolleeted in a660rdanee with
the proeedure speeified lHlder this artiele. (Ord. No. 90-27, S 1(6.64.420),2-13-90)
SECTION 48. Chapter 17, Article II, Section 17-29, of the Federal Way City Code is hereby repealed
as follows:
17 29 l\dditional enforeement.
No:nvithstanding the existence or use of any other remedy, the direetor may seek legal ar equitable
relief to enjoin any aets or practiees whieh eonstitute or "nll eonstitute a '.'iolatioo of any business liecnse
ordinance or otherregulations adopted in this artiele. (Ord. No. 90-27, ~ 1(6.64.430),2-13-90)
SECTION 49. Chapter 18, Article II, Section 18-46, of the Federal Way City Code shall be amended
to read as follows:
18-46 Designation of responsible official.
(al) For those proposals for which the city is a lead agency, the responsible official shall be the
director of the department of community development. The responsible official shall make the threshold
determination, supervise scoping and preparation of any required environmental impact statement, and
perform any other functions assigned to the lead agency or responsible official by the State
Environmental Policy Act rules.
(132) The responsible official shall be responsible for the city's compliance with Chapter 197-11 WAC
whenever the city is a consulted agency, and is authorized to develop operating procedures that will
Ordinance No
Page 24 of 36
ensure that responses to consultation requests are prepared in a timely fashion and include data from all
appropriate departments of the city.
(3) The director of the department of community development has the authority to adopt rules and
regulations to carry out the proyisions of this article [Title 1 and has the authority to administer and
enforce this article (Title 1 and any such rules and regulations. It is unlawful to violate or fail to comply
with any provision of this article rTitlel or any such rule or regulation. (Ord. No. 90-40, ~ 1(20.40.10,
20.40.20),2-27-90; Ord. No. 04-468, ~ 3, 11-16-04)
SECTION 50. Chapter 18, Article III, Section 18-161, of the Federal Way City Code shall be
amended to read as follows:
18-161 Purpose and authority.
The city adopts these regulations under the authority of the Shoreline Management Act of 1971,
Chapter 90.58 RCW, as amended, and the Shoreline Management Guidelines, Chapter 173-14 WAC. The
director of the department of community development has the authority to adopt rules and regulations to
carry out the provisions of this article rTitle 1 and has the authority to administer and enforce this article
rTitle 1 and any such rules and regulations. It is unlawful to violate or fail to comply with any provision of
this article rTitlel or any such rule or regulation. (Ord. No. 90-38, ~ 1(24.10),2-27-90; Ord. No. 98-323, ~
3, 12-1-98; Ord. No. 99-355, ~ 3, 11-16-99)
SECTION 51. Chapter 19, Article IV, Section 19-153, of the Federal Way City Code shall be
amended to read as follows:
19-153 Authority.
The director of public works has the authority to adopt rules and regulations to carry out the
provisions of this article r chapter 1 and has the authority to administer and enforce this article r chapter 1
and any such rules and regulations including making determinations regarding concurrency and issuing
capacity reserve certificates (CRCs) according to the procedures in this article. It is unlawful to violate or
fail to comply with any provision of this article r chapter 1 or any such rule or regulation. shall be
responsible for implementing and enforeing this article and adopting procelklres to implemem this article,
including making determinations regarding concurrency and issuing capacity reserve eertifieates (CR-Cs)
according to the procedures in this article.
The director's determination of concurrency and the issuance or nonissuance of a CRC shall be
integrated, insofar as possible, with any applicable decision making processes on permits, applications,
and proposals submitted to the city for review and decision. For each development activity subject to
concurrency evaluation and the requirement for a CRC, the director shall determine how the review can
be best integrated with the decision making process. (Ord. No. 06-525, ~ 1 (Exh. A), 6-6-06)
SECTION 52. Chapter 20, Article I, Section 20-5, of the Federal Way City Code shall be amended to
read as follows:
20-5 Violations, enforcement and penalties.
(al) Any person or any agent thereof who divides land into lots, tracts, or parcels ofland and sells~ ef
transfers, or offers or advertises for sale or transfer, any such lot, tract or parcel without having a final
plat, short plat, boundary line adjustment, or binding site plan filed for record, or who otherwise violates
or fails to comply with any of the provisions of this chapter, or any amendmeFli thereto, shall be guilty of
a gross misdemeanor punishable by a fine of not more than $5,000 for each offense. Each Stieh violation
Ordinance No
Page 25 of 36
involving a sale, offer f-or sale, lease or transfer of each separate lot, tract or parcel of land shall be
deemed ~ a separate and distinct offense; provided, however, an offer or agreement to sell, lease, or
otherwise transfer a lot, tract or parcel of land following preliminary plat approval saall Rot be deemed in
is not a violation of this chapter if performance of the offer or agreement is expressly conditioned on the
recording of the final plat containing the lot, tract or parcel. All payments on account of an offer or
agreement conditioned as provided in this section shall be deposited in an escrow or other regulated trust
account and no disbursement to the seller shall be permitted until the final plat is recorded.
(62) Whenever land within a subdivision granted final approval is used in a manner or for a purpose
which violates any provision of this chapter, any provision of the loeal subdiv4sioR regulations, or any
term or condition of plat approval prescribed for the plat by the local government, then the proseel:1ting
attorney, or the attorney general if the prosecuting attorney shall fail to act, the City may commence an
action to restrain and enjoin such use and compel compliance with the provision provisions oftms chapter
or the loeal regulations, or ',yith such terms or conditions. The costs of such action may be taxed against
the violator.
(el) Any person who violates any court order or injunction issued pursuant to this chapter is guilty of
a misdemeanor. shall be s1:lbject to a fiRe of not more thaR $5,000 or imprisonmeR-t for Rot more thaR 90
days or both.
(61) No building permit, septic tank permit, or other development permit, shall be issued for any lot,
tract, or parcel of land divided in violation of this chapter or local regulations adapted purS1:lan-t thereto
unless the authority authorized to issue such permit finds that the public interest will not be adversely
affected thereby. The prohibition contained in this section shall not apply to an innocent purchaser for
value without actual notice. All purchasers' or transferees' property shall comply with provisions of this
chapter and each purchaser or transferee may recover his or her damages from any person, firm,
corporation, or agent selling or transferring land in violation of this chapter Of laeal regulatioHs adopted
pursuant thereto, including any amount reasonably spent as a result of inability to obtain any development
permit and spent to conform to the requirements of this chapter as well as cost of investigation, suit and
reasonable attorneys' fees occasioned thereby. Such purchaser or transferee may as an alternative to
conforming his property to these requirements, rescind the sale, or transfer and recover costs of
investigation, suit and reasonable attorneys' fees occasioned thereby.
(e5) The director of the department of community development has the authority to adopt rules and
regulations to carry out the provisions of this chapter rTitle 1 and has the authority to administer and
enforce this chapter rTitle 1 and any such rules and regulations. It is unlawful to violate or fail to comply
with any provision of this chapter rTitle 1 or any such rule or regulation. In the alternative or, to the eKtent
allowed by law, in addition to the remedies prescribed in this section, the city, tm-Ol:lgfl its authorized
agents, may pursue any other enforcement authorized by law. commence an action to enforce this chapter,
any local subdivisioR regulation or any term or conditioR of plat approv-al prescribed by the eity cO\:lReil,
according to Chapter 1 FV1CC, f.rticle III, Civil Enforcement of Code. Chil erIf-oreement is in addition
to, and does ROt liFl'lit any other forms of erIforcement available to the eity incl1:ldiHg, but not limited to,
criminal sanctions as specified in this seetion and in Chapter I FWCC, ,^.rtieles II, III, H1:lisance and
Injunction }.ctions, Of other eiv41 or equitable actions to abate, discontinue, eorrect or diseoUi"age \:lRlawful
acts iR violation of this chapter, any local subdivision regulation or aR-Y term Of cOfl.dition of plat approval
prescribed by the city council. The city may also commence an action to restrain and enjaiR violations of
this chapter or of any term Of conditiofl. of plat approval prescribed by the city, aRdlor to compel
compliance Y/ith the provisions of this chapter, or with such terms or conditioBs. lR the event sueh action
is commenced, the costs of such action may be taxed againstthe violator. (Ord. No. 90-41, ~ 1(16.460.10,
16.460.20),2-27-90; Ord. No. 97-291, S 3,4-1-97; Ord. No. 99-342, ~ 11,5-4-99)
SECTION 53. Chapter 21, Article I, Section 21-4, of the Federal Way City Code shall be amended to
read as follows:
Ordinance No
Page 26 of 36
21-4 Administration and Enforcement.
The director of public works or designee has the authority to adopt rules and regulations to carry out
the provisions of this chapter rTitle 1. may approve, conditionally approve or deny an apl>lication for
regulated activities, and has the authority to administer and enforce this chapter rTitle 1 and any such rules
and regulations. It is unlawful to violate or fail to comply with any provision of this chapter rTitle 1 or any
such rule or regulation. or his or her designee shall adininistcr this ehaptcr, and shall have the autherity to
develop and adopt administrative procedures to admiBister and enf{)ree this ehapter. (Ord. No. 99-352, ~
3, 11-16-99)
SECTION 54. Chapter 21, Article II, Section 21.14, of the Federal Way City Code is hereby repealed
as follows:
211 <1 Review aDd approval authority.
The direetor, or his or her designee(s), may appreTle, conditionally approTle er deny an application for
regulated activities l:lfldor this artiele. (ofd. No. 99 352, ~ 3, 11 16 99)
SECTION 55. Chapter 21, Article II, Section 21-15, of the Federal Way City Code is hereby repealed
as follows:
21 IS Enforeement.
The directer shall on.force this artiele, and the terms and eonditiens of any applieation, permit or
approval for regulated aetivities granted l:lfloer this artiele, using Chapter 1 PWCC, "'\rticle III, CiTril
Enforeement of Code. CiTlil enforeemeBt is in edditioB te, and does flet limit, any ether forms af
enforcemerIt available te the city ineludfng, but not lifflited to, criminal sanetions as specified hereiB er in
Chapter 1 FWCC, ,^.rtieles II and III, nuisanee and injunction actiofls, or other eivil or equitable aetions to
abate, discontinue, eorreet or diseourage l:lflla'11ful eets in yielation of this chapter. (Ord. Na. 99 352, ~ 3,
11 16 99)
SECTION 56. Chapter 21, Article II, Section 21-16, of the Federal Way City Code shall be amended
to read as follows:
21-16 Inspection.
(1) Activities. All activities regulated by this aFtiele chapter rTitlel, except those exempted under
FWCC 21-7, shall be inspected by the director or his or her designee(s). The director or designeefsj shall
inspect projects at various stages of the work requiring approval to determine that adequate control is
being exercised. Stages of work requiring inspection include, but are not limited to, preconstruction;
installation of BMPs; land disturbing activities; installation of utilities, landscaping, retaining walls and
completion of project. When required by the director, a special inspection and/or testing shall be
performed. Any applicant who has obtained the approyal of the director under this article shall permit the
director or designeefsj access to the property, when requested, to permit the inspections required by this
section.
(2) Stormwater facilities. The director shall develop and implement a regular inspection program,
including a master inspection and maintenance schedule, for all public and private stormwater facilities in
Federal Way. Inspections shall be no less frequently than annual. Inspections may be scheduled more
frequently if determined by the director to be necessary for any reason. If, during the course of the
inspection program, additional existing stormwater facilities are discovered, they shall be added to the
master inspection and maintenance schedule.
Ordinance No
Page 27 of36
(3) Water quality. The director or designee may inspect BMPs, examine surface and groundwater, or
sample surface or groundwater as often as is necessary to determine compliance with this chapter rTitle l.
(Ord. No. 99-352, ~ 3, 11-16-99)
SECTION 57. Chapter 21, Article III, Section 21-30, of the Federal Way City Code is hereby
repealed as follows:
21 30 Inspeetion program.
(a) Program. The director shall develop and implement a program and procedures fer the regular
inspection of all public and priyate storm water faeilities in Federal Way. ,^.s part ef that program, er
y/henever there is probable cause to believe that a violation of this chapter or article has been or is being
committed, the director (or his or her designated iBspector) is authorized to inspect all public and private
portions of the stormY/ater drainage systems within Federal '!lay during regular working hOl:lfs and at
other reasonable times to determine compliance with the preyisions oftms ehapter.
(b) SeheOOle. ,^~s part of the inspection program, the direetor shall establish a master iHspection and
maintenance scheOOle. Inspections shall be annual, at a miniHffifll. Critical stormY/ater faeilities may
require a more frequent inspection schedule. If, during an inspection, a facility is feund not te be in
compliance ,'lith the standards described iB the Federal ')1 ay Stormy/ater System Operatien and
Maintenance MiffiUal, aU s1:1bsequeffi inspeetion and maintenanee intervals shall be seheOOled more
frequently if determined by the direetor to be neeessary in order te assure future eemplianee. If, ffiring
the COll1se of the inspeetion program, additieflal eJdstiBg storrmvater faeilities are diseovered, they shall
be added to the master inspeetion and maintenance schedule. (Ord. No. 99 352, ~ 3, 11 16 99)
SECTION 58. Chapter 21, Article III, Section 21-31, of the Federal Way City Code shall be amended
to read as follows:
M-31- 21-16.5 Entry into private facilities or on private property ta staFmwater faeiliRes.
As part of an inspection program, or whenever there is probable cause to believe a violation of this
chapter rtitlel exists or has occurred, the director or designee is authorized to inspect. during regular
working hours and at other reasonable times, any public or priyate property regarding conditions relating
to possible pollution of surface or groundwaters, as well as all public and private portions of the
stormwater drainage systems within Federal Way, to determine compliance with this chapter rtitlel. Prior
to making any inspections of private facilities or on private property, the inspector shall present
identification credentials, state the reason for the inspection and request entry. Whenever an onsite
inspection of private property is made, the findings shall be recorded. A copy of the inspection findings
shall be furnished to the owner or the person in charge of the property after the conclusion of the
inyestigation and completion of the inspection findings.
(1) If the property or any building or structure on the property is unoccupied, the inspector shall first
make a reasonable effort to locate the owner or other person(s) having charge or control of the property or
portions of the property and request entry.
(2) If after reasonable effort, the inspector is unable to locate the owner or other person(s) having
charge or control of the property, and has reason to believe the condition of the stormwater drainage
system creates a risk of imminent harm to persons or property, the inspector may enter.
(3) If entry is not consented to by the owner or person(s) in control of the property or portion of the
property, and no conditions are reasonably believed to exist which create a risk of imminent harm, the
inspector shall obtain a search warrant prior to entry. To the extent authorized by the laws of the state of
Washington, the Federal Way municipal court is hereby authorized to issue a warrant permitting the
inspection of privately owned stormwater facilities, upon a showing of probable cause to believe that a
provision of this chapter has been or is being violated.
Ordinance No
Page 28 of 36
(4) The inspector may also inspect the stormwater drainage system without obtaining a search warrant
provided for in subsection (3) of this section, provided the inspection can be conducted while remaining
on public property or other property on which permission to enter is obtained.
(5) In the event any person, whose property has previously been provided with. utility fee credits for
onsite water quantity/quality control, refuses to allow the director to inspect said facility or commits a
violation of this chapter, the director shall cancel the water quality/quantity credits for said property
accordingly. Whenever the director shall make such an adjustment, a notice and order of adjustment shall
be mailed to the owner of said property by certified and regular mail. The notice shall be deemed received
when signed for by the owner, or, if the owner fails or refuses to sign for the notice within the time
provided by the postal service, within three days of mailing. The owner may request the director to
reconsider the notice and order by filing a request for such reconsideration within 10 days of receipt of the
notice. The director's decision on any such reconsideration shall be final and not subject to further appeal.
(6) In the eyent any person, whose property has preyiously been provided with a reduced intensity of
development classification as the result of the existence of a detention facility on said property, refuses to
allow the director to inspect said detention facility or commits a violation of this chapter, the director may
adjust the intensity of development classification for said property and the billing rate for said property.
Whenever the director shall make such an adjustment, a notice and order of adjustment shall be mailed to
the owner of said property by certified and regular mail. The notice shall be deemed received when signed
for by the owner, or, if the owner fails or refuses to sign for the notice within the time provided by the
postal service, within three days of mailing. The owner may request the director to reconsider the notice
and order by filing a request for such reconsideration within 10 days of receipt of the notice. The
director's decision on any such reconsideration shall be final and not subject to further appeal. (Ord. No.
99-352, ~ 3, 11-16-99)
SECTION 59. Chapter 21, Article III, Section 21-32, of the Federal Way City Code shall be amended
to read as follows.
~22-16.6 Inspection and maintenance records.
(al) Records for new facilities. Records of new public or private stormwater facilities shall include
the following:
(+~) As-built plans and locations.
(;!b.) Findings offact for any exemption granted by the city of Federal Way.
(3Q) Operations and maintenance requirements and records of inspections, maintenance actions
and frequencies.
(4Q) Engineering reports, if prepared prior to or during construction of the facility.
(e2) Records for existing facilities. Upon the request of the director, all owners of existing storm
drainage systems shall provide the director with all inspection, maintenance and repair records for their
facilities, as well as any existing record drawings or diagrams of their storm drainage systems. (Ord. No.
99-352, ~ 3, 11-16-99)
SECTION 60. Chapter 21, Article III, Section 21-33, of the Federal Way City Code shall be amended
to read as follows.
~ 21-16.7 Reporting.
The director shall report annually to the Federal Way city council about the status of the inspections.
The annual report may include, but need not be limited to, the portions of the components found in and
out of compliance, the need to upgrade components, enforcement actions taken, compliance with the
inspection schedule, the resources needed to comply with the schedule, and comparisons with previous
years. (Ord. No. 99-352, ~ 3, 11-16-99)
Ordinance No
Page 29 of 36
SECTION 61. Chapter 21, Article III, Section 21-34, of the Federal Way City Code is hereby
repealed as follows:
21 34 Enforeement.
The director shall erJforee this article using Chapter 1 FV1CC, f.rtiele III, Ciyil Enforeement of Code.
CiTlil enforeement is in addition to, and does not limit, any other forms of enforeem.ent available to the
city inell:H:Hng, but not limited to, eriminal sanctions or other rem.edies as specified herein or in Chapter 1
FWCC, ,\rticles II and III, nuisanee and injunetion actions, or other eiv41 or equitable actions to abate,
discontinue, correet or discourage unlawful aets in violation of this ehapter. (Ord. N~. 99 352, ~ 3, II Hi
99t
SECTION 62. Chapter 21, Article IV, Section 21-41, of the Federal Way City Code shall be amended
to read as follows:
21-41 Enforcement.
(al) Violations. Notwithstanding the requirements of FWCC 21-36 through 21-39, if a person has
properly designed, constructed, implemented, and is maintaining BMPs according to the BMP manual, is
carrying out AKART as required or approved by the director, and/or has modified existing practices as
specified by the director, and contaminants continue to enter surface and stormwater or groundwater; or
the person can demonstrate that there are no additional contaminants being discharged from the site above
the background conditions of the water entering the site, then that person shall not be in violation of water
quality proyisions of this article. Said person howeyer, remains liable for any prohibited discharges
through illicit connections, dumping, spills, improper maintenance of BMPs, or other discharges in
violation of this article that allow contaminants to enter surface and stormwater or groundwater.
(132.) Additional guidance. The director, in consultation with other departments of Federal Way
government, may develop and implement additional guidance information which describes the goals,
objectives, policies, and procedures for a water quality investigation and enforcement program. These
procedures will describe how the city will investigate and respond to reports or instances of
noncompliance with this chapter and shall identify by title the official(s) responsible for implementing the
enforcement procedures.
(e) Inspeetions. The direetor may observe BMPs or examine and/or sample surfaee and stonnvlater or
groundwater as ofterJ as may be necessary to determine eomphance '.vith this ehapter. The direetor or his
or her designee is further authorized, as set forth in FWCC nJ..Q and 2.1.11, to enter in 0r upon any
publie or private property for the purpose of inspeeting and inyestigating eonditi0ns relating to the
pollution of or the possible pollution of surfaee anEl/or groundwaters. 'Nheneyer an onsite inspeetion of a
property is made, the findings shall be reeorded. .^~ eopy of the inspection findings shall be :fum.ished to
the owner or the person in charge of the property after the conelusion of the iUTlestigation and completion
of the inspeetion findings.
(dJ) Sampling and analysis. Whenever the director determines that any person has violated or is
violating the provisions of this article, the director may require the person responsible for the violation to
sample and analyze any discharge, surface and stormwater, groundwater, and/or sediment, in accordance
with sampling and analytical procedures or requirements determined by the director. A copy of the
analysis shall be provided to the Federal Way surface water management division.
(e) Enforcement. If the director determines that a yiolation has been committed, the director shall
erJforce this artiele using Chapter 1 FWCC, ,\.rticle III, Civil Enf-orcement of Code. Civil enforcement is
in addition to, and does not limit, any other forms of erJforeement aT/ailable to the city ine1uding, bMt: not
limited to, criminal sanetions or other remedies as specified herein or in Chapter 1 FWCC, ,^.rticles II and
Ordinance No
Page 30 of 36
III, Nuisanee and Injunetioo aetions, or other eivil or equitable aetions to abate, dis6e:Rtm1:le, eorreet or
discourage unla\vful aets in yiolation ofthis chapter.
ft} ill Summary abatement. In addition to the remedies specified by Chapter 1 FWCC, ,^.rticle Ill,
Ci'lil Enroreement of Code, whenever Whenever any violation of this article causes or creates a
condition, the eontinued existenee of which constitutes an immediate and emergent threat to the public
health, safety or welfare or to the environment, the director may summarily and without prior notice abate
the condition. Notice of such abatement, including the reason for it, shall be given to the person
responsible for the violation as soon as reasonably possible after the abatement. The costs of such
summary abatement shall be recoyerable via procedures for recovery of abatement costs as set forth in
Chapter 1 FWCC, Article Ill, Civil Enforcement of Code. (Ord. No. 99-352, ~ 3, 11-16-99)
SECTION 63. Chapter 21, Article V, Section 21-104, of the Federal Way City Code shall be
amended to read as follows:
21-104 General provisions.
(a) Application of article. This article shall apply to all areas of special flood hazards within the
jurisdiction of Federal Way. The areas of special flood hazard identified by the Federal Insurance
Administration in a scientific and engineering report entitled "The Flood Insurance Study for Federal
Way" dated May 16, 1995, and any revisions thereto, with an accompanying flood insurance rate map
(FIRM), and any revisions thereto, are hereby adopted by reference and declared to be a part of this
article. The flood insurance study and the FIRM are on file at Federal Way City Hall. The best available
information for flood hazard area identification as outlined in FWCC 21-106 shall be the basis for
regulation until a new FIRM is issued that incorporates data utilized under FWCC 21-106.
(b) Penalties for noncompliance. No structure or land shall hereafter be constructed, located,
extended, converted, or altered without full compliance with the terms of this article and other applicable
regulations. Violations of the pre'Rsions of this artiele by failure to eomply with any of its reqmremeflts
(including violations of eonditiefls and safeguards established in conneetiefl with eonditions) shall be
enforeed by the direeter IHH"Suant to Chapter 1 FWCC, ~-.ill, Civil Enroreemen-t of Code. Civil
enforeement is in additiefl te, and does not limit, any ether focms of enf-oreemeflt available to the eity
ineluding, but not limited to, erimiflal sanetiefls er other remedies as speeified herein or in Chapter 1
FV1CC, ,^.rtie1es II and III, nuisanee and injunetion actions, or ether eivil or equitable aetiens to abate,
diseontinue, eorrect or diseourage unlawful aets in '.iolation of this chapter.
(c) Summary abatement In addition to the remedies specified by Chapter 1 FWCC, ,^.rticle III, Ci'lil
Enforeement of Code, whenever Whenever any violation of this article causes or creates a condition.,the
continued existence of which constitutes an immediate and emergent threat to the public health, safety or
welfare or to the environment, the director may summarily and without prior notice abate the condition.
Notice of such abatement, including the reason for it, shall be given to the person responsible for the
violation as soon as reasonably possible after abatement. The costs of such summary abatement shall be
recoverable via procedures for recoyery of abatement costs as set forth in Chapter 1 FWCC, Article III,
Civil Enforcement of Code.
(d) Abrogation and greater restrictions. This article is not intended to repeal, abrogate, or impair any
existing easements, covenants, or deed restrictions. However, where this article and another ordinance,
easement, coyenant, or deed restriction conflict or overlap, whichever imposes the more stringent
restrictions shall prevail.
(e) Interpretation. In the interpretation and application of this article, al! provisions shall be:
(1) Considered as minimum requirements;
(2) Liberally construed in favor of the governing body; and
(3) Deemed neither to limit nor repeal any other powers granted under state statutes.
(f) Warning and disclaimer of liability. The degree of flood protection required by this article is
considered reasonable for regulatory purposes and is based on scientific and engineering considerations.
Ordinance No
Page 31 of 36
Larger floods can and will occur on rare occasions. Flood heights may be increased by manmade or
natural causes. This article does not imply that land outside the areas of special flood hazards or uses
permitted within such areas will be free from flooding or flood damages. This article shall not create
liability on the part of Federal Way, any officer or employee thereof, or the Federal Insurance
Administration, for any flood damages that result from reliance on this article or any administrative
decision lawfully made hereunder. (Ord. No. 06-536, ~ 2(Exh. A), 11-7-06)
SECTION 64. Chapter 22, Article I, Section 22-11, of the Federal Way City Code shall be amended
to read as follows:
22-11 Violation ofthis chapter.
W Violations. It is unlawful for any person to do or cause any of the following to be done and for a
property owner to permit any of the following to be done on his or her property contrary to or in violation
of this chapter:
(1) Construct, in any way alter, or move any improvement.
(2) Engage in any activity.
(3) Use or occupy any structure or land.
(4) Conduct any use.
(5) Create any conditions.
It is also unlawful for any person to fail to perform any activity or obligation required by this chapter.
Violations identified herein shall constitute misdemeanors sl:lbjeet to criminal praseetltion, punishable
as set forth herein. This chapter is also subject to ci'lil enforcemeflt, as set forth hereiR.
(b) Criminal enf-orcement. Upon cOflvietion of an unlawful aet l:H'I:der or violation af tms ehapter, the
property O\YRer or otaer person may be punished by a fine afBat more than $1,000 ar imprisooed for not
more than ninety (90) days or both for eaeh day or part of a day ffilring whieh the l:H'I:laY/ml aet or
viola,tion occurs. The property o\vner or other person may also be ordered to diseontiflHe the I:lflla'.vful aet
or correct the violation. CrimiBal enforcemeITt is iB addition to, and does Bot limit any other forms of
enfof0ement available to the city including, but not limited to, eivil enforcement as speeified herein or
Chapter 1 FWCC, :\rtiele ill, B1:1isance and injunctioB aetiofls, or other ciyil or eq\titable actions to abate,
diseontinue, earreet ar diseourage unla'lIful acts in ';iolatioB of this chapter.
(c) Ciyil enforcemeITt. Ci'lil enf-oreement of the provisions of this ehaflter and the terms aBd
conditions of any permit or appro'lal issued purs1:1ant to this chapter shall be governed by Chapter 1
FWCC, ,'\rtiele ill, Ci';il Enforcement of Code. Chil enforcemeRt is in addition ta, and does not limit any
other forms of enforcement available to the city ineluding, but not limited to, criminal sanctions as
specified herein or Chapter 1 FWCC, f.rticles II, ill, nuisance and injunction actions, ar other eivil or
equitable aetions to abate, diseontinue, correct or discol:lfage unlawful acts iR violation of this ehapter.
(Ord. No. 90-43, ~ 2(175.45), 2-27-90; Ord. No. 99-342, ~ 5, 5-4-99)
SECTION 65. Chapter 22, Article II, Section 22-101, of the Federal Way City Code is hereby
repealed as follows:
22 un Ceneral responsibility.
The department of cOIIHrnmity development is responsible for the general adl'J.li.n.istration of this
chapter. The city manager shall appoint a director of that department and ather staff members as is
appropriate for the administration of this chapter. (Ord. No. 90 13, ~ 2(170.50),227 90)
SECTION 66. Chapter 22, Article II, Section 22-102, of the Federal Way City Code shall be amended
to read as follows:
Ordinance No
Page 32 of 36
22-102 Authority.
The director of the department of community development has the authority to adopt rules and
regulations to carry out the provisions of this chapter (Title 1 and has the authority to administer and
enforce this chapter rTitle 1 and any such rules and regulations. It is unlawful to violate or fail to comply
with any provision of this chapter rTitle 1 or any such rule or regulation. The city manager shall appoint a
director of that department and other staff members such as a planning official as is appropriate, and may
grant them In addition to the authority granted to the department of community development, the director
of community development~ and the planning official by this ehapter, they shall have whate'o'er additional
authority and duties as needed are granted to them by the city manager, consistent with state and city law.
(Ord. No. 90-43, ~ 2(170.55), 2-27-90)
SECTION 67. Chapter 22, Article II, Section 22-103, of the Federal Way City Code shall be amended
to read as follows:
22-103 Forms and operating procedures.
The director of community development may issue application forms, operating procedures, and
similar material~ to facilitate the orderly conduct of the department of community development and
responsibilities, which shall be used, followed, and enforced. The department ef community develepment
shall use, f{)llow and enforce these materials as if they were part of this chapter. (Ord. No. 90-43, ~
2(170.60),2-27-90)
SECTION 68. Chapter 22, Article II, Section 22-121, of the Federal Way City Code shall be amended
to read as follows:
22-121 Code enforcement officer - Daty Authoritv to investigate.
The code enforcement officer appointed pursuant to FWCC 22-104 shaH may, either upon a
complaint or on the officer's own initiative, investigate and pursue enforcement of potential violations of
this chapter. (Ord. No. 90-43, ~ 2(175.25(1)), 2-27-90)
SECTION 69. Chapter 22, Article II, Section 22-122, of the Federal Way City Code shall be amended
to read as follows:
22-122 Code enforcement officer- Entrance on private property.
If the code enforeement offioer enters upon Prior to entering private property to investigate potential
violations of this chapter, the .!! code enforcement officer, insofar as practicable possible bef{)re eHtenng
upon pri'late property, shall present his or her credentials to the owner or person in possession or charge
of the property and request entry. If entry is refused, the code enforcement officer may use every lawful
means and remedy to obtain entry. (Ord. No. 90-43, ~ 2 (175.25 (2)),2-27-90)
SECTION 70. Chapter 22, Article II, Section 22-128, of the Federal Way City Code is hereby
repealed as follows:
22 128 Zoning eitation.
(a) The code enforcement officer may seek issuanoe ef a zoning (;litation in either of the folloyring
circumstances:
(1) There is a violation of a posted order to (;lease activity.
Ordinance No
Page 33 of 36
(2) If, after the time speeified in the notiee of violation, the actiyity, conditiens, strueture, or use
cited in the notice ofyiolation still does not eonform to this chapter.
(b) The citation viill be issued t-o the o'.vner of the property, the occupant or person in charge of the
property and any other person causing or allowing the aetivity, condition, strueture ef l:1se to exist or
occur. The issuance of a citation initiates criminal prosec\:ltiefl of the violation. (On!. No. 90 13, ~
2(175.40), 2 27 90)
SECTION 71. Chapter 22, Article II, Section 22-129, of the Federal Way City Code is hereby
repealed as follows:
22 129 Civil enforeement.
The code enforeemeRt officer shall enforce the provisions of this ehapter afld the terms and eOB.ditions
of any permit or appro'la1 issued pursuant to this ehapter as set forth in FWCC 2Lll. (Ord. No. 99 342, ~
5,5 1 99)
SECTION 72. A new section is added to Chapter 22, Article XI, of the Federal Way City Code
(FWRC 19.190.070) to read as follows:
22-577 rt9.190.0701 Application of Zonin2 re2ulations.
Except as otherwise provided in this title:
1. No building or part thereof or other structure shall be erected, altered, added to, or enlarged, nor
shall any land, building, structure, or premises be used, designated, or intended to be used for any purpose
or in any manner other than is included among the uses listed in this title as permitted in the district in
which such building, land, or premises are located.
2. No building or part thereof or structure shall be erected, reconstructed, or structurally altered to
exceed in height the limit designated in this title for the district in which such building is located.
3. No building or part thereof or structure shall be erected, nor shall any existing building be altered,
enlarged. or rebuilt or moved into any district, nor shall any open space be encroached upon or reduced in
any manner, except in conformity to the yard, building site area, and building location regulations
designated in this title for the district in which such building or open space is located.
4. No yard or other open space provided about any building for the purpose of complying with
provisions of this title shall be considered as providing a yard or open space for any other building, and
no yard or other open space on one (1) building lot shall be considered as proyiding a yard or open space
for a building on any other building lot.
SECTION 73. Chapter 22, Article XVIII, Section 22-1604, of the Federal Way City Code shall be
amended to read as follows:
22-1604 Compliance and enforcement.
(a) Compliance with other applicable codes. All signs erected or altered under this article must
comply with all applicable federal, state and local regulations relating to signs, including without
limitation the provisions of the International Building Code and the National Electric Code as adopted in
FWCC 5-66 by the city. If any provision of this Code is found to be in conflict with any provision of any
zoning, building, fire, safety or health ordinance or code of the city, the provision which establishes the
higher standard shall prevail.
(b) Sign maintenance. All signs must be kept in good repair and in a safe manner at all times. The
property owner must repair damaged or deteriorated signs within 30 days of notification by the city. The
area surrounding freestanding signs must be kept free of litter and debris at all times.
Ordinance No
Page 34 of 36
(c) L'\dministrative fee. Abatement. In addition to the abatement authority provided bv proceedings
under Chapter 1 FWCC. Article III, the city or its agents may summarily remove any sign placed on a
right-of-way or public property in violation of the terms of this article. All signs removed by the city shall
be available for recovery by the owner of such sign for a period of two weeks, after which they will be
destroyed. Recovery of any sign removed by the city shall be subject to payment of an administrative fee
to partially cover the city's cost in removing and storing the sign as follows:
(1) First violation fee: $5.00 per sign.
(2) Subsequent violations fee: $7.00 per sign.
The city shall not be responsible for damages or loss during removal or storage of any signs. This
administrative fee shall be in addition to any civil penalty imposed pursuant to this chapter.
(d) Civil erIforcement. Ci'lil erIforcement of the proyisions of this article and the terms and conditions
of any permit or appro'/al issued pursuant to this article shall be gO'lemed as set forth below, and by
Chapter I FWCC, .Article III, Ciyil Enforcement of Code. Civil enforcemoo.t is in addition to, afld dees
not limit afty other forms of oo.forcement a'railable to the eity including, but Rot limited te, eril'l'liflal
sanctions as specified herein or Chapter 1 FWCC, }.rticles II and III, nuisanee and injunctioo aetions, or
other ciyil or equitable actions to abate, discontinue, eorreet or discourage unlawful acts in violation ef
this article.
(e) Reserved.
ff) Inspection. The administrator is empowered to enter or inspect any building, structure or premises
in the city, upon which or in connection with which a sign is located, for the purpose of inspection of the
sign, its structural and electrical connections, and to ensure compliance with the provisions of this Code.
Such inspections shall be carried out during business hours, unless an emergency exists.
(g) ,'\batement by the city.
(1) Authority to remove siga. ,'\s part of any abatement action under Chapter 1 FWCC, .Artiele
III, the city or its agents may enter upon the subject property aRd eause any siga y;hieh yiolates the
provisions ef the sign eode to be removed at the expoo.se of the o'....ner, terIiffit, lessee or oecupiffit, either
jointly or seyerally. lR addition to the abatement authority provided by proeeedings under Chapter 1
FWCC, Article III, the city or its agents may summarily remove aflY sign placed on a right of way or
pooh", property in 7iolatioo of the terms of this arti",le. Recovery of costs for remoyal of IlffY sigas as
provided herein shall be as pro'lided in Chapter 1 FWCC, :\rtiele III. (Ord. No. 95-235, ~ 4, 6-6-95; Ord.
No. 99-342, ~ 5, 5-4-99; Ord. No. 05-486, ~ 3,4-19-05; Ord. No. 06-523, ~ 3(Exh. A), 4-18-06)
SECTION 74. Severability. Should any section, subsection, paragraph, sentence, clause, or phrase of
this chapter, or its application to any person or situation, be declared unconstitutional or invalid for any
reason, such decision shall not affect the validity of the remaining portions of this chapter or its
application to any other person or situation. The City Council of the City of Federal Way hereby declares
that it would have adopted this chapter and each section, subsection, sentence, clauses, phrase, or portion
thereof, irrespective of the fact that anyone or more sections, subsections, sentences, clauses, phrases, or
portions be declared invalid or unconstitutional.
SECTION 75. Concurrent Legislation. Currently pending ordinances or resolutions may amend the
same sections as does this one; changes made in this ordinance are intended to be in addition to any
changes made by any other ordinance or resolution, this ordinance is not intended to repeal, reenact, or
Ordinance No
Page 35 of 36
modify portions of the section that are enacted, repealed, or modified by any other ordinance or
resolution.
SECTION 76. Corrections. The. City Clerk and the codifiers of this ordinance are authorized to make
necessary corrections to this ordinance including, but no limited to, the correction of scrivener/clerical
errors, references, ordinance numbering, section/subsection numbers and any references thereto.
SECTION 77. Ratification. Any act consistent with the authority and prior to the effective date of this
ordinance is hereby ratified and affirmed.
SECTION 78. Effective Date. This ordinance shall take effect and be in force thirty (30) days from
and after its passage and publication, as provided by law.
PASSED by the City Council of the City of Federal Way this
day of
,2008.
CITY OF FEDERAL WAY
MAYOR, JACK DOVEY
ATTEST:
CITY CLERK, CAROL MCNEILLY, CMC
APPROVED AS TO FORM:
CITY ATTORNEY, PATRICIA A. RICHARDSON
FILED WITH THE CITY CLERK: 11-20-2008
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.:
Ordinance No Page 36 of 36
_~_~~~!~~~~!~~.~~~~:.~~.~~~~~~?:~~~~~~.~J{).,nY.ft~YL~5......
CITY OF FEDERAL \YAY
CITY COUNCIL
AGENDA BILL
.
6-- \
ITEM #: "')yO
......--.-..--.....--.---..-.....-....: y."J'"
SUBJECT: An Ordinance Addressing Amendments Relating To Business Regulations In The Federal Way City
Code
POLICY QUESTION: SHOULD THE CITY COUNCIL PASS AN ORDINANCE ADDRESSING BUSINESS
REGULATIONS IN THE FEDERAL WAY CITY CODE?
COMMITTEE: Finance, Economic Development, and Regional Affairs
MEETING DATE: Nov. 25th, 2008
CATEGORY:
o Consent
o City Council Business
STAFF REpORT By: AARON
IZl Ordinance
D Resolution
DEPUTY CITY ATTORNEY
D
o
Public Hearing
Other
DEPT: Law
Staff is finalizing the reorganization of the Federal Way City Code into the Federal Way Revised Code. During
the process Staff has discovered a number issues relating to business regulations including opportunities
to remove redundancies, make language and proyisions consistent, and repeal massage regulations as
required by state law. (State law currently preempts local massage practitioner regulations.)
Concurrently with this ordinance staff will present a resolution on the re-codification of the Code. Both of these
will be presented to planning commission and each Council Committee.
Attachments: Staff report, Ordinance.
Options Considered: I. Recommend aPJNovaJ... of the Ordinance and forward to the full Council on
December 2nd. -tOY f\ 'Vqr Y~nIbr--
2. Modify the proposed Ordinance and forJmld to the full council for first reading.
3. Do not approve the proposed Ordinance.
STAFF RECOMMENDATION: Approve Option 1.
CITY MANAGER APPROVAL: ~
~ DIRECTOR APPROVAL: f A1<- ~
.~ Committee ~
Cav'\m it-kt t'V\l>Vetr=tv ~vL o\?fl1fvJ
COMMITTEE RECOMMENDATION:'~
~~
Committee Member
PROPOSED COUNCIL MOTION: H] move to forward the ordinance to a second reading for enactment on the
January (/h consent agenda".
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
D APPROVED
D DENIED
D TABLED/DEFERRED/NO ACTION
~ MOVED TO SECOND READING (ordinances only)
REVISED - 02/06/2006
COUNCIL BILL #
1ST reading
Enactment reading
ORDINANCE #
RESOLUTION #
\~'ff'~
\ ' {i.UO 1
ORDINANCE NO.
AN ORDINANCE relating to business regulations, repealing sections, adding
sections, and amending sections in Chapter 3, 9, and 14 of the Federal Way City
Code.
WHEREAS, the City of Federal Way is in the process of re-codifying and reorganizing the
Federal Way City Code (FWCC) into the Federal Way Revised Code (FWRC) and through this process
has found redundant sections and language as well as unclear sections, inaccurate sections, and other
sections that could be revised for better readability and workability; and business regulations can be
simplified and consolidated;
WHEREAS, certain Code provisions need to be modified to coordinate with state and county law
requirements in areas of business regulations;
WHEREAS, none of the changes to the FWCC contained in this ordinance are intended to change
numbering or formatting changes that occur pursuant to the reorganization of the Code and;
WHEREAS, the City Council of the City of Federal Way finds it in the best interest of the City to
update its code, and amending these sections bears a substantial relation to public health, safety, or
welfare of the people of Federal Way; is consistent with the applicable provisions of the comprehensive
plan; and is in the best interest of the residents of the city;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, DO ORDAIN AS FOLLOWS
SECTION 1. Chapter 3, Article I, Section 3-6, of the Federal Way City Code shall be amended to
read as follows:
3-6 Alarm business duties.
(a) Every alarm system monitoring company engaging in business activities in the city of Federal Way
shall :
(1) Be registered to do business in the city of Federal Way.
(2) Submit standard user form instructions to the police chief. If the police chief finds the instructions
are iReorporate incoherent, unclear, or inadequate, the police chief may require the alarm business to
reyise the instructions to comply with subsection (a)( 4) of this section and then to distribute the reyised
instructions to its alarm users.
(3) Provide the police chief information about the nature of its property alarms, burglary alarms,
robbery alarms and panic alarms; its method of monitoring; its program for preventing false alarms; and
its method of disconnecting audible alarms.
(4) Furnish the user with instructions that provide information to enable the user to operate the alarm
system properly and information on how to obtain service for the alarm system at any time. The alarm
business shall also inform each alarm user of the requirement to obtain a registration and where it can be
obtained.
(5) Establish a process for alarm verification. The verification process shall not take more than five
minutes, calculated from the time that the alarm signal has been accepted by the alarm business
monitoring the system, until a decision is made whether to call for a police dispatch. The means of
verification may include one or more of the following:
a. The establishment of voice communication with an authorized person at or near the premises who
may indicate whether or not need for immediate police assistance or investigation exists;
b. A feature that permits the alarm system user or a person authorized by the user to send a special
signal to the alarm system monitoring company that will cancel an alarm immediately after it has been
sent and prevent the monitoring company calling for a police dispatch;
c. The installation of a video system that provides the alarm system monitoring company when the
signal is received with the ability to ascertain that activity is occurring which warrants immediate police
assistant or investigation;
d. A confirmation that a signal reflects a need for immediate police assistance or investigation either by
the alarm system user, or a person at or near the premises before dispatching police; or
e. An alternate system that the police chief determines has, or is likely to haye, a high degree of
reliability.
(6) Coordinate with the department's communication center to develop a process to cancel an alarm
dispatch that is consistent with the communication center's standard operating procedures.
(7) Provide the department's communication center when requesting an alarm response with the
registration number for that premise, and the department need not respond if the registration number if not
provided. (Ord. No. 93-193, ~ 6, 11-9-93)
SECTION 2. Chapter 9, Article II, Section 9-34, of the Federal Way City Code shall be amended
to read as follows:
9-34 Home occupations.
The business registration fee for businesses operating as home occupations in residential zones ffi
eomplianee with FWCC 22 1066 et seq. shall be the usual business registration fee.
(Ord. No. 91-86, ~ 1(8),2-5-91)
SECTION 3. Chapter 9, Article III, Section 9-76, of the Federal Way City Code shall be amended
to read as follows:
9-76 Activities not prohibited.
This article shall not be construed to prohibit:
(1) Plays, operas, musicals or other dramatic works which are not obscene as defiaed ia F'.\'CC 9 126;
(2) Classes, seminars and lectures held for serious scientific or educational purposes; or
(3) Exhibitions or dances which are not obscene.
Whether or not activity is obscene shall be judged by consideration of the following factors:
(I) Whether the ayerage person, applying contemporary community standards, would find that the
activity taken as a whole appeals to a prurient interest in sex; and
(2) Whether the activity depicts or describes in a patently offensive way, as measured against
community standards, sexual conduct as described in RCW 7.48A.OI0(2)(b);
(3) Whether the activity taken as a whole lacks serious literary, artistic, political or scientific value.
(Ord. No. 90-55, ~ 9(D), 5-1-90; Ord. No. 95-241, ~ 1,8-15-95)
SECTION 4. Chapter 9, Article IX, including Sections 9-463 through 9-503, of the Federal Way
City Code shall be repealed:
9 46~ Definitions.
For the purposes of this chapter, the following terms, words and phrases shall have the following
meanIngs:
(1) City means the eity of Federal Way, Washingtoa.
(2) City elerk means the eity elerk of the city of Federal Way, Washingtoa.
(3) Coavictioa means an adjHdicatioa or coayiction of guilt and oee1:lfS at sHeh time as a plea af guilty
has beea aeeepted or a '/erdict of guilty has beea filed, aotwithstandiag the peadene:;- of afty future
proeeediBgs iacludiag b1:lt Bot limited to seBteaeiag or dispositioa, post trial or post fact fiadiag motioas,
and appeals. Convietioa also means a bail forf-eiture and iaeludes all iastances iB vfhieh a plea of Bolo
coBtendere is the basis f-or the coa'/ictioa and all proceediags ia whieh the seBtenee has been deferred ar
suspended.
(1) GeRiffils means geaitals, pubic area, anus, ar perineum of fHfj' persoa, or the vulya ar Breasts of a
f-emale.
. (5) Manager means afty persoa who manages, directs, admiaisters, or is in eharge of, the affairs
and/or the eoaooet of any portion of any aeti'lity in'lolYiag massage praetitiofters oee1:lfriag at any plaee
offeriag massage.
(6) Massage means the treatlfteBt of a human body by another by the external manipulatioa ar
pressure of soft tissue. Massage iaelHdes rnbbiag, kneadiBg, touehiRg, strokiag, tappiag or ImY other
manipulations V/ith or witho1:lt the aids of superficial heat, cold, v/ater, lubrieaBts, or salts, and iaeludiBg
the use of equipment, maehiRery or appliances.
(7) Massage busiaess meaas the operation of a business providiag massages.
(8) Massage practitioaer means a persoa engaged ia the practice of massage. (Ord. No. 95 229, ~ 1,
3 21 95)
9 464 Busioess registration.
Ualess otherwise specified, the geBeral busiaess registratioa provisioas, contaiaed ia Chapter 2 FWCC,
shall apply to this liceBse section. (Ord. No. 95 229, ~ 1,3 21 95)
9 465 Penalties.
(a) Crimiaal penalty. ABy person violating aft)' of the terms of this artiele shall be guilty of a
misdemcanor and upoa eoavietioa thereof be puaished as pro'/ided ia F'HCC lJ1.
(b) Civil peaalty. lB additioa to any ather peaalty provided iR this sectioa or by law, 811)' perSOR viae
violates any pro'/isioa of any busiaess lieense ordinanee shall be subjeet to a eiyil peRaky iR an amount
Bot to exceed $250.00 per violatioR ta Be directly assessed by the city clerk. l\.ll ei'/il penalties assessed
'.vill be enforced and collected with the proeeoore specified under this artiele. (Ord. No. 95 229, ~ 1,3 21
%j
9 4(i(i ''''1dditional enfol"eement.
NotwithstcmdiBg the ()J(isteBce or use of any other remedy, the city may seek legal or equitable relief to
eBjoiB any acts or practices vmich cOBstitut-e or will cOBstitute a violatioB of any proyisioBS of this artiele.
(Ord. No. 95 229, ~ 1,3 21 95)
9 471 Lieense for busine:i)s required.
It is uBlavdul to cOBduct, operate or maiBtaiB a massage busiBess uBless such establishmeBt or
premises is liceBsed as hereiBafter provided. Card. No. 95 229, ~ 1,3 21 95)
9 472 Lieense for massage priletitioBers.
It is uBla'.Yful for afl-Y perSOB to perf-orm a massage or represent himself or herself as a massage
practitioner v/i-thout beiBg iB possession of a current, yalid WashiBgton State massage praotitioBer's
liceBse. COrd. No. 95 229, ~ 1,3 21 95; Ord. NEl. 93 153, ~ 1, 11 1 03)
9 473 Lieense for managers.
It is uBlawful for any person to maDage a massage busiBess >'/ithout first applyiBg for aDd recei'liBg a
massage manager liceBse. (Ord. No. 95 229, ~ 1,3 21 95)
9 474 Lieense Expiriltion Due date.
(a) Expiration. ,^JllieeBses issued Elr renewed uBder the proyisions of this chapter shall expire OB the
thirty first of December of eaeh year.
(b) Due date. ,^JI lieeBse f-ees required by FWCC ~, &Bd pursuaHt to the Federal Way fee
resolutioB, are payable to the city at least four weeks prior to the opeBiBg of any massage busiBess, or the
performaDee of &BY massage.
C c) Pro ratioB. The entire anRualliceBse fee shall be paid for the applicable caleBdar year regafdless of
>,meB the applieatioB f-or lieeBse is made, and shall Bot be prorated for afl-Y part of the year except that if
the origiBal applieation for lieeBse is made subsequeftt to June 30th, the license fee for the remaiBder of
that year shall be one half of the BrJH:lal lieense fee. l\fl11ual lieense renewals shall be r~quired to be
obtaiBed &Bd paid iB full by January 31st of each respecti'/e calcndar year.
Cd) Failure to reBew. Failure to reBew shall ia',alidate the lieeBse and all privileges graHted to the
liceBsee. (Ord. No. 95 229, ~ 1,3 21 95)
9 475 Lieense fees.
(a) Amouftt of fee. f1pplicaHts seekiBg a liceBse uBder this chapter f-ar massage busiBess &Bdlor
massage manager shall submit a completed applieation form as preseribed herein together with a f-ee as
proyided in the fee sohedule kept on file 'Ni-th the city clerk. Suoh f-ees shall be in additioB to general
business lieease f-ees '.vhere applicable. For massage practitioaer (Bot employee of registered massage
busiBess) the geBeral business lieeBse requiremeats of Chapter 9, Artiole II, shall apply.
(b) Late penalty. '^1 late peBalty shall be charged OB all applioatioBS f-or reBe'.val of a lieease reeeiyed
later than seven '.vorkiBg days after the expiratioB date of suoh lioense. The amouftt of such peBalty is
fixed as follo....,s:
Days Past Due ,^.dditioBal Pereefttage of Lieense Fees
--8------3-G ~
31 60 ~
61 and o'/er -l-OO%
(Ord. No. 95 229, ~ 1,3 21 95; Ord. No. 03 453, ~ 2, 11 1 03; Ord. No. Q1 473, ~ 1, 12 7 01)
9 476 Lieense applieations.
(a) Massage business. ,^.ll applications for a massage bl:lsiness license or license reHe'.val shall be
sl:lbmitted in the name of the persoR or eRtity proposing to condl:lct such massage busiHess OR the BusiRess
prcmises, shall be sigaed by such person or his or her legally authorized ageRt, and Rotarized or certified
as true under peRalty of f>eIjuT)'. All applieatioRs shall be sl:lbmitted OR a form supplied by the city clerk,
which shall reE}uire the followiRg iRf-ormatioR:
(1) The Rame, resideRce address, resideRce telephoRe Rumber, date and place of birth, driyer's liceftse
number, aRd Social SecHrity Rumber of the applicaRt if the applicant is an iRdividl:lal or tax ideRtifieation
Rl:lmber if the applicaRt is a corporatioR or other eRtity;
(2) The busiRess Rarne, address and telef>hOHe Humber ofthe establishmeRt;
(3) The names, addresses, t-elephoRe Rumbers and social security Humbers of any partRers, corporate
officers, or shareholders '.\'ho O'.vR 10 percent or more of the busiRess, or other persoRs who have a
substaRtial interest or managemeRt responsibilities iR CORftectioR with the business, specifYing the iRterest
or managemeRt respoRsibility of each. For the purpose of this sl:lbsectioR "substantial iRterest" shall mean
o';.'nership of 1 g f>erceRt or more of the business, or afty other kifld of cORt:ribl:ltiofl to the business of thc
same or greater size;
( 1) The flame of the lanalord or propeTt)' oVlfler of the property on which the business is situated.
(b) Massage manager. ,\ll applications for a massage manager's license or lieensc renewal shall Be
sigaed by the applicant and notarized or certified to be true under peRalty of perjury. ,^JI applications shall
be submittea OR a form sl:lpplied by the city clerk, which shall require, at a miRimum, the follov/mg
iRformation:
(1) The applicant's name, residence address, resideRce telephoHe number, date and place of birth,
driyer's liceftse number and social secHfity number; .
. (2) '^1 letter, dated no more than 30 days prior to the date of the submission of the application, from
the o';lfler of the business indicatiRg intent to emf>loy the applicant OR a specified date;
(3) Written proof that the applicant is 18 years of age or older. Written proof shall mean the
follov/ing:
a. ,^. current motor vehicle operator's lieense issued by afty state bearing the applicant's
photograph and date of birth; or
b. A ',alia iaentification card issuea by the state of Washington ...'hich bears the applieant's
photograph and date of birth; or
c. '^1 C1:HTent passport;
(1) The mailiRg address ana street address of all places ',yithiR the city of Federal '''ay at which the
massage manager will pf{)vide services. The massage manager shall ftotiry the city elerk, iR '.vritiHg, of
aRY changes iR, or additioRs to, the 10catioR of such services \yithiR 11 days of any such change or
additioR.
(c) Background cheeks. ,\ll applicatioRs sl:lbmitted pMfsuant to this chapter will be sUBmittea ta a
backgrouRd check in accomance with the procedlH"es of the Federal Way police department. (Ord. No. 95
229, ~ 1,3 21 95; Ord. Na. 03 153, ~ 3, 11 1 03)
9 477 Standards for denial of applieation for lieeDse.
(a) Massage b1:lsiness liceHse. The eity clerk may deRY any massage business license refltlest if he ar
she determines that the applicant has:
(1) Made any material misstatement iR the applicatioR for a license;
(2) Proposed a place of busiHess or operates a business '.vhich fails to comply with all apf>licable
requirements of this Code iRel1:ldiftg witho1:lt limitatioR thc zORiRg, building, health and fire codes and all
other applicable local, state, or federal lay IS, rules or regulatioRs;
(3) Had any coavictians which haye a direct eORaectioR '.yith the liceased activity iftcludiag, bl:lt not
limitea to, theft, prostitl:ltion, promotioR or f>ermittiag prostitl:ltion, sc*ual offeRses, CORS1:lmer fraud,
massage f>Factitioner or massage manager '/iolatian, or obscenity within fiye years prior to the date of
such applicatioa; or
(4) Had a massage BusiRess liceRse d(mied, revoked or suspeBaea BY the city or allY other jurisaictioR
withiR fiye years prior to the date of such applicatioR.
(b) Massage manager liceRse. The city clerk may deny any massage maRager liceRse applied for under
the provisions ofthis chapter if the city clerk determines that the applicant has:
(1) Made any material misstat-emeftt in the applicatioR for a liceBse; or
(2) Had any convictions V/hich have a direct connection with the liceflsed acti'/ity including, But flOt
limited to, theft, prostitHtion, sexual off-eflse, consumer fraud, massage practitioner or maRager violatioR,
or obscenity, within five years prior to the date of application; or
(3) Had a massage practitioner or massage maRager license denied, revoked or suspeRdea 8)' the city
or allY other jurisdiction \vithin five years prior to the date of application; or
( 1) Had a '}/ ashington State massage practitioner's liceflse suspeflded or revoked \\41ich haa Been
issued pursuant to Chapter 18.108 RCW, as now existing or hereafter ameBded or had allY professional
license revoked ,,'thich had been issued pursuaHt to RCW Title 18, as nO'll existing or hereafter amended,
which liceflse authorized performing massage treatmeHts.
(c) Effect of lieeflse denial. If aRY applieant has a license denied based upon a convietioR classifiea as a
felony, or allY other Bonfelony convictions, pursuimt to this sectiofl, a lieeRse shall not be graRted within
five years from the date of sueh denial. If any applicant has a license deflied for allY other reaSOR, a
liceRse shall not be granted within three years from the date of stieh denial. (Ord. No. 95 229, ~ 1,3 21
95; Ord. No. 03 110, ~ 1,3 18 03; Ord. No. 03 153, ~ 1, 11 1 03)
9 478 Standartls for suspension or r-e"/oeation of lieense.
(a) Massage business liceflse. The city elerk may re'loke or suspena a massage business licoose if he
or she determiBes that the licensee has:
(1) Failed to comply '.vith FWCC 2..2Ql, 2..2Q2 or allY of the other reqairemeHts of this article; or
(2) Failed to comply with the applicable Building, health, fire aRd/or zoning eo de pro'lisioBs or with
aH)' other applicable f-Gderal, state or local laws, rules or regulations; or
(3) With lrnowledge employed persons VIDO, withiR a period of the preeediRg fiye years, have beeR
cow/icted of prostitHtion or consumer fraud stemming from acti'/ities conducted OB the lieensed premises,
or who ha',e been arrested for such offenses ana ..thich lead to such con-victions; or
(1) Had any convictiofls ..thick ka'/e a direct connection ','/ith the licensed activ.ity includiBg, but Bot
limited to, CORsumer fraua, theft, coBtrolled substances, prostitHtion, permittiRg or promotiflg prostitution,
sexual offeflses, or obsceflity; or
(5) Failed to comply ','/ith or aOBe aR)'thiflg '..thich eOBstitutes a basis for denyiBg a liceBse
applieatioB.
(8) Notice of violatioR. If the city clerk, the building official, or his or her ageBt determ.iRes duriflg liB
iflspectioR that the cORditioR of any massage business needs correctioB, a '.miteR flotice of violatioR skall
be issuea to the supervisor, mliBager, o','/fler, or perSOB iR charge specifying such violations. Those s8:IHe
yiolatioRs shall be remedied within 18 hours HIlless a later date is aeterm.iBed 13)' the city clerk. Failare to
comply with aH)' '",ritteR Rotice of yiolatioR to make correetioBs may result in suspeRsioB or revoeatioR of
the massage basiRess liceflse.
(c) Massagc manager liceflse. The city clerl( may sHspeRd or revoke aay massage mliBager licoose if
he or she determ.iRes that the licensee has:
(1) Failed to comply v/ith lHlY of the operatiflg reqairemeftts set forth in FWCC 2..2Ql and ~ or
failed to comply with liB)' of the other requiremeBts of this article; or
(2) Had any convictioflS vthick hW/e a direct eOBneetioR '.vith the licensed aetivity iBeludiBg, but BOt
limited to, theft, prostitatiofl, eonsamer fraud, obscenity, or sexual offeBses; or
(3) Failed to eompl)' with or dOBe allY thing '.,;,hiek constitatcs a hasis for denyiBg a lieense.
(d) Effect of license reyoeatioR. If allY applieimt ander this artiele has his or her lieeBse revoked, a
license shall not he grefttea ander this article for a period of at least fi'/e years from the date of sach
re'location.
(e) Duratioft of license suspensioa. The eity clerk may suspend a lieease for ao more than six moaths.
(Ord. No. 95 229, ~ 1,3 21 95; Ord. No. 03 110, ~ 5,3 18 03; Ord. No. 03 153, ~ 5, 11 1 03)
9 479 TnlHsfer of lieenses and ehange of loeation.
(a) Massage eusiaess. No massage busiRess licefl.se issued uader this ehapter shall be tFaftsf-erable frem
ORe persoft or efttity to another persoa or emit)'. UpOfl. the sale or transfer of an iaterest greater thaa 50
perceat ia a massage busiaess, a licease shall becomc aull and void. ,^. aew applicatioft shall be made by
an)' persoft desiriag to operate or maintaia the establishment and shall iach:lde a release of iaterest
statemeftt from the pre'/ious lieensee and a signed lease or rental agreemem for the establishmeat. (Ord.
}Jo. 95 229, ~ 1,3 21 95; Ord. No. 03 453, ~ 6, 11 1 03)
9 480 Notifieation of suspension, revoeation, denial or eivil penalty.
Whea the eity determines that there is effi:lse for deaying, suspendiag or re'lokifl.g any licease issued
pursuant to this artiele or assessiag a ci'lil peaalty, the city clerk shall aotify the persofl. holdiag such
licease by persofl.al serviee or registered or eertified mail, return r-eceipt requested, of the deeision. The
aotice shall speeify the gTOl:lBds for the denial, suspeasioa, revocation or peaalty assessmeat. The eivil
penalty shall be due aRd the deaial, suspension or revocatioa shall become effective 10 days from the date
the notiee is delivered or deemed reeei'/ed \:lnless the persoa affeeted thereby files a writtea request with
the city clerk f-or a heariag before the heariag examiaer '.'/ithia sueh 10 day period. (Ord. No. 95 229, ~ 1,
3 21 95)
9 481 ;\uthority of hearing examiner.
The eit)' heariag examiaer is designated to hear appeals by parties aggrieved by actioas of the eity
clerk ia suspending, revokiag or deayiag a license or assessiag a ciyil penalty pursuant to this article. The
heariag examiaer may adopt reasonable rules or regHlatioas for coaduetiag its bHsiness. Copies ef sHeh
rules and regulatioas shall be delivered to the city elerk who shall make them freely aeeessible to the
p\:lblic. ,^.Il deeisioas and fiadiRgs of the heariag examiaer shall be readered to the appellant ia '.witiag
'.'lith a copy to the city elerk (Ord. No. 95 229, ~ 1,3 21 95)
9 482 Notiee of appeal.
i\.ny persen falliag \:lRder the pro'lisioas of this artiele may appeal from an)' notiee of sHspeasioa,
deftial er reyocatioa or civil penalty assessmem by filiflg '.'lith the eity clerk within 10 da)'S from the date
the Rotice is delivered or deemed reeeiyed, a '.vrittefl. appeal containiag:
(1) /'1 headiag ia the 'Nards "Before the Heanag Examiaer f-or the city of Federal Way";
(2) A eaption readiag "'^1ppeal of " ghriftg the Hames of all appellants partieipatiag in the
appeal;
(3) A brief statemeat setting forth the legal iflterest of each of the appellants partieipatiag ia the
appeal;
(1) /'. brief statemem ia coaeise lang\:lage of the speeific order or aetioft protested, tegether ..lith any
material facts claimed to support the eClfltemions of the appellant;
(5) '^1 brief statemeftt ia coneise language of the relief SOHgBt, and the reasofts why it is elaimed the
protested erder or actioa sho\:lld be reversed, modified, or otherwise set aside;
(6) The signatl:lres of all parties Hamed as appellams, and their 0ffieial mailiag addresses; and
(7) The verificatioa, by declaratioa 1:1Dder penalty of perjul)', of at least one appellant as to the truth of
the matters stated in the appeal. (Ord. No. 95 229, ~ 1,3 21 95)
9 483 Date, time, plaee for hearing.
,^.s soon as practicable after receiviag the writtea appeal, the heariag examiaer shall fix a date, time,
and place for the heariag of the appeal. SHch dat-e shall be BOt less thea 10 days Ror more than 60 days
from the date the appeal vias filed '.'/ith the city elerk. Writtea aotice of the time and plaee of the heariag
shall be givea at least 10 days prior to the date of the heai"iag to each appellant by the heariag examiaer's
offiee either by causiftg a copy of such ftotice to be deli',ered to the appelhmt per30ftally or by mailiftg a
eop)' thereof, postage prepaid, adaressed to the appellant at his or her address shovm Oft the appeal. (Ord.
No. 95 229, ~ 1,3 21 95)
9 484 Rights af appellant.
,^~t the heariftg the appellllftt shall be entitled to appear ift perSOft emd be represeftted by cO\:lHsel emd
off-cr such evideftee pertiftent emd material to the actioft of the eity clerk. (Ord. No. 95 229, ~ 1,3 21 95)
9 485 Seape of matters eansidered in appeal.
Oftly those matters or issues specifieally raised by the appellaftt ift the .witteft ftotice of appeal shall be
eoftsidered ift the heanftg of the appeal. (Ord. No. 95 229, ~ 1,3 21 95)
9 48' Waiver of right ta appeal.
Failure of any persoft to file em appeal ift accordemce with the pro....isiofts of this diyisioft shall cOftstitl:lte
a '''/aiver of his or her right to an admiftistFati....e heariftg emd adjudicatioft of the ftotice emd order, or an-y
portioft there0f. (ore. No. 95 229, ~ 1,3 21 95)
9 487 Stay af enfareement.
Enforeemeftt of an)' ftotice emd order of the city elerk shall he stayea auring the pendcncy of em apfleal
therefrom ,.....hich is properly emd timely filea. The stay shall be lifted UpOft issuance of the fiftal decisioft
of the city couftcil. (Ord. No. 95 229, ~ 1,3 21 95)
9 488 ,A...etian after hearing.
Upon completioB ofthe heariftg, the eKamifter shall:
(I) Accept the city clerk's recommeftaati0ft as preseftted;
(2) Determifte H0 aeti0H is '-'larranted; or
(3) Modify the reeommeHded ae-tioR. (Ord. No. 95 229, ~ 1,3 21 95)
9 489 f...ppeal fram hearing examiner.
,^Jl appeal from a deeisioR of the heariRg eJ{amifter shall be to the city of Federal Way eity cotlHcil and
shall be served emd filed '-'lith the city clerk '.vithiR 15 days of the decision ofthe heanRg el{-amiRer. In the
eveRt the applicant or lieeHse holder does Rot fullow the proeeoores withiR the time periods set forth in
this ai'/isioft, the aeti0n 0fthe heariftg exam.ifler shall ee final. (Ora. N0. 95 229, ~ 1,3 21 95)
9 501 Standards of safety and sanitatian.
E'/ery manager, massage praetiti0fler, massage o'..mer emd any employee or ageftt of such em
establishment shall comply at a miBimum ',!/ith the followiBg health emd sanitary r-cquirements:
(1) Baeh r00m 01' eRel0sl:lfe ,..At ere massage services are performed 0n }'latroRs shall be }'lr{)'lided with
adequate lightiftg iB aceordemce with the building code, ema ift additioR, at least ORe artifieiallight of Hot
less than 40 '.vatts shall be provide a ift eooh room or eRelooore where serviees are performed emd shall be
in operatioa ...,heR sueh serviees are perf0rmed.
(2) The premises shall have equiflment for disiRfecting emd cleemiag Roadisflosable iftstmmeHts emd
materials used iB admiRisteriRg massage services. Such materials and iRstrnmeftts shall he eleaned after
eaeh use.
(3) Hot emd 6016 fl:lRDiHg water shall be proyided at all times.
( 4) Each massage patroR shall be furnished with em iftdiyidual clean to\'/el. T 0wels shall R0t be reusea
ufttil the~' haye beeR '.vashed emd semitized. There shall be adequate storage facilities for towel ema mat
storage.
(5) l.ll massage tables, bathtubs, sho'.ver stalls, SaliBa baths, steam or bath areas shall have surfaces
which may be readily deemed. They shall be covered with siRgle serviee tO'lIels vAteR in use.
(6) Oils, creams, 10tioHs or other preparations used iR admiRisteriHg massages shall be kept in eleafl
cofltainers or cabinets.
(7) DressiRg, locker aad toilet facilities shall be provided UpOR request for all patroHs served at aH)'
given time. Upon the request of a patron, the licensee shall pro'lide the patron with facilities to lock or
secure personal property. Male and female patroBs shall Bot simultaaeously use common shov/er lmdlor
bathtub, dressiRg, toilet and massage room facilities.
(8) All walls, ceiliBg, floors, pools, sho'.vers, bathtubs, steam rooms afld all other physical facilities
shall be in good repair and maintained in a cleaa aad sanitary cOHdition. W 0t aad dry heat rooms, steam
or '/apor rooms, or steam or vapor cabinets, shower compartments, aad toilet rooms shall be thoroughJy
cleaaed each day the busiBess is in operatioR. Bathtubs and shov/ers shall be thoroughly cleaHea after
each use.
(9) Eaeh massage practitioHer shall wash his or her haHds iR hot f\:lRRiRg water usmg soap or
disiRfeetaBt before and after admiRistering a massage to eaeh patron.
(10) No persoa shall COHSlHl'l:e food or aleoholic beverages in massage '.'lork areas.
(11) '^i. person suffering from infectious or coftt:agioHs aisease(s) fflmSffiittable by touch shall Bot be
treated by aHY liceHsed massage busiaess 01' massage practitioner. .^. massage pmetitioBer v/ho is sHfferiBg
from iHfectioHs or coHtagious disease(s) shall not administer massage services.
(12) fi.ll massage establishmeftt:s shall eontifll:loHsly comply with all applicable bHilding, fire aad
health ordinaHecs aHd regHlations.
(13) l\ll plHmbing shall bc iHstallea according to the city's plHmbiBg eoae aHd shall be free of
poteHtial cross connections. .^JI toilet facilities shall be available as reqHffed in the city's plHmbing eo de,
applicable to plaees of assembl)'.
(11) ,^.ll exercise eqHipmeBt and appliances shall be routinely checked f-or possible strHetHml
weakaesses aHd shall be maiRtaiaea in a safe aHd saaitary manaer at all times.
(15) ,^..ft)' faeilities Hsing Hltrw/iolet exposHfe rooms in their establishmeftt: shall post maximHlH
expOSHfe time. (Ord. No. 95 229, ~ 1,3 21 95)
9 502 Stftndluds of eonduet/opeFfttion.
(a) Ovmer/maaager reqtlirements. The follo'.ving standaras of eonauct aHd operatioa shall be adhered
to by the o'.\'aer, proprietor, mlmager, or person in eharge of aH)' massage bHsiaess:
(1) ,^Jl)' persoa YfflO is employed to gi'/e a massage must be at least 18 years of age aHd be validly
liceBsed as a massage practitioaer pl:lfsmmt to state laY/.
(2) fAt all times aHring the hours a massage bHsiness is open for bHsiness, aHdlor auriag the preseHee
of patroHs, at least oae validly licensed massage practitioaer mHst be on the premises.
(3) ,^Jl)' persoa 'hilo is employed by a massage business mHst present doclHl'l:eBtation that he or she
has attained the age of 18 years v/flen afl inspeetion pHrsuaat to this artiele is. coadHeted. Proper
documeBtation shall be as described in FWCC ~(b )(3).
(4) Pi'O'/ide that all doors in. sHeR premises, excludiag doors in the office aHa stomge rooms, Hnless
such doors provide aceess to service areas, are so eqtlipped that they may not be fasteRed shut so as to
preveBt reasoRable access by such authorities YfflO aHnOUBCe their authority to eater prior to iBspection.
(b) l\lllieenses. The following standards of conduct and operatioH shall be adhered to by all licensees:
(1) fJllieensees shall eompl)' with all applicable federal, state aad local lavIs, in.cluding all safety afla
saaitation requffements and the city's bHilding, fire lmd zoniag codes;
(2) f.ll liceHsees shall alIo-.v aa-y police officer, the city maaager or Ris or her designee, or a
representatiYe from the Seattle King County health department or the Federal Way fire departmeftt: entry
to the premises during the hOl:lfS the massage lmsiHess is open for Busiaess, upOH presentation of proper
identification, for purposes of iBspecting the promises;
(3) MaiBtain business receipts sho'.ving the date of serviee(s) giveR, the type of service(s) reBdered
lma the Rame aHd eity lieeRse number of the employee rendering the service(s). These Busiaess receipts
shall be retained for a period of three years after the date of the service(s), and shall be open to inspe0tioH
by the city clerk aHd the Federal Way police department;
(1) Post in a prominent plaee a list of all services offered with a brief deseription of '.vhat the serviee
entails along .vith the emits of slieh serviee(s). All blisiness transaetions with the clistomers mlist be
eondlieted in aeeordanee with the said posted list;
(5) Not distribute or conStlfBe any aleoholic beverages and/or eontrolled substanees on lieensed
premises; and
(6) Not allo,;, any I:lnlieensea massage.
(e) Minors. It shall be lfHla\vful for the owner, manager, or arty massage practitioner, or arty employee
or agent to admit an-yone linaer the age of 18 years of age and permit them to remain in or about sueh
premises, unless such person is aeeompanied by or presents the '.witten COBseHt of his or her p8:feHt or
legal gHardian.
(d) ProstimtioH. It shall be liHla'.yful f-or an)' OVlfler, manager, massage practiti08er, or any employee or
agent to knO\viHgly harbor, admit, reeeiye or permit to be or remaiR iH or aboHt sueh premises any
prostitute or any perSOH under the iBfllienee of arty Bareotie or dangerous drug or to perform or allow to
be perf-ormed arty aet, massage or maniplilatioH iR which coBtaet is made with another's genital areas
either by hand, body or by arty mechanical device or objeet, v.1tether it is eo'/ered or liReo'/ered, elothea
or unelothed, in whole or in part.
(e) Clothing required. It shall be l:lRlav.fHl for any ovmer, manager, massage praetitioner, or any
employee or ageRt to aisrobe or be partially disrobed in the preseRee of another '.vhile in any faeility
defined in this article.
(1) Supervision Inspeetion. The ovmer or manager shall ha'/e the premises supervised at all times
,;,heR open for busiBess. Rooms and stalls used for the purpose of massage shall be eonstrueted in sueh a
man8er as to permit inspection. (Ord. No. 95 229, ~ 1,3 21 95; Ora. No. 93 153, ~ 7, 11 1 03)
9 503 IBteFBal waFning systems flFiJhihited.
"^illy busi8ess requifed to be licef!.sed lfHder this artiele shall not install arty de,/iee that is aesigHeel as aB.
iHtemal wamif!.g system and 80 persons shall use any aevice for alerting persons if!. other portions of the
building. (Ord. No. 95 229, ~ 1,3 21 95)
SECTION 5. Chapter 9, Article X, Section 9-614, of the Federal Way City Code shall be
amended to read as follows:
9-614 License - Expiration - Due date.
(a) Expiration. All licenses issued or renewed under the provisions of this chapter shall expire on the
thirty-first of December of each year.
(b) Due date. All license fees required by FWCC 9-615, and pursuant to the Federal Way fee
resolution, are payable to the city at least four weeks prior to the opening of public bathhouse.
(c) Pro-ration. The entire annual license fee shall be paid the applicable calendar year regardless of
when the application license is made, and shall not be prorated for any part of the except that if the
original application fOf license is made subsequent to June 30th, the license fee fOf the remaindef of that
year shall be one-half of the annual license fee. Annual license renewals shall be required to be obtained
and paid in full by January 31 st of each respective calendar year.
(d) Failure to renew. Failure to renew shall invalidate the license and all privileges granted to the
licensee.
(Ord. No. 95-230, S 1,3-21-95)
SECTION 6. Chapter 14, Article IV, Section 14-138, of the Federal Way City Code is hereby
repealed as follows:
14 138 Business registration.
No person shall engage in or earry on any b1:lsiness or operate an)' plaee for eBtrenee to 'Nhich an
admission charge is made witho1:lt first having obtained from the city a business registration as provided
in Chapter 9 FWCC. S1:lch registration shall be posted iH a conspicuo1:ls place in each ticket or box office
'Nhere tickets of admission are sold.
(Ord. No. 02 132, ~ 1, 11 19 02)
SECTION 7. Severability.
Should any section, subsection, paragraph, sentence, clause, or
phrase of this chapter, or its application to any person or situation, be declared unconstitutional or invalid
for any reason, such decision shall not affect the validity of the remaining portions of this chapter or its
application to any other person or situation. The City Council of the City of Federal Way hereby declares
that it would have adopted this chapter and each section, subsection, sentence, clauses, phrase, or portion
thereof, irrespectiye of the fact that anyone or more sections, subsections, sentences, clauses, phrases, or
portions be declared invalid or unconstitutional.
SECTION 8. Concurrent Legislation. Currently pending ordinances or resolutions may amend
the same sections as does this one; changes made in this ordinance are intended to be in addition to any
changes made by any other ordinance or resolution, this ordinance is not intended to repeal, reenact, or
modify portions of the section that are enacted, repealed, or modified by any other ordinance or
resolution.
SECTION 9. Corrections. The City Clerk and the codifiers of this ordinance are authorized to
make necessary corrections to this ordinance including, but no limited to, the correction of
scrivener/clerical errors, references, ordinance numbering, section/subsection numbers and any references
thereto.
SECTION 10. Ratification. Any act consistent with the authority and prior to the effectiye date
of this ordinance is hereby ratified and affirmed.
SECTION 11. Effective Date. This ordinance shall take effect and be in force thirty (30) days
from and after its passage and publication, as provided by law.
PASSED by the City Council of the City of Federal Way this
day of
,200_.
CITY OF FEDERAL WAY
MAYOR, JACK DOVEY
ATTEST:
CITY CLERK, CAROL MCNEILLY, CMC
APPROVED AS TO FORM:
CITY ATTORNEY, PATRICIA A. RICHARDSON
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.:
'2> --,\
If
S--J
-~~~~-~~-~~~!~~J?~_!~~--~~!!~~!:_~.:~~~~~~_._~n~~_._\.Q.t.~_______~!~~_~7:>>--
CITY OF FE.DERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: An Ordinance Addressing Amendments Relating To Civil Enforcement In The Federal Way City
Code
POLICY QUESTION: SHOULD THE CITY COUNCIL PASS AN ORDINANCE ADDRESSING CIVIL ENFORCEMENT
IN THE FEDERAL WAY CITY CODE?
COMMITTEE: Finance, Economic Deyelopment, and Regional Affairs
MEETING DATE: Noy. 25th, 2008
CATEGORY:
D Consent
D City Council Business
IZI Ordinance
D Resolution
DEPUTY CITY ATTORNEY
D
D
Public Hearing
Other
STAFF REpORT By: AARON
DEPT: Law
Staff is finalizing the reorganization of the Federal Way City Code into the Federal Way Revised Code. During
the process Staffhas discovered a number issues relating to civil enforcement including opportunities to
generally make civil enforcement, penalties, authority and procedures consistent; remove redundancies,
and direct enforcement to the Chapter [Title] 1 process for most civil enforcement (except for some
specific areas such as alarms and drug seizures). Concurrently with this ordinance staff will present a
resolution on the re-codification of the Code. Both of these will be presented to planning commission and each
Council Committee.
Attachments: Staff report, Ordinance.
Options Considered: 1. Recommend ap~ro;al of the ^ ?~dT~nce and forward to the full Council on
December 2nd.1t( .t,ytz,\ Y'UOA V\IA-:,
2. Modify the proposed d;dinance and fo~;Qto the full council for first reading.
3. Do not approve the proposed Ordinance.
STAFF RECOMMENDATION: Approve Option 1.
CITY MANAGER APPROVAL: Gf2
C - ee
COMMITTEE RECOMMENDATION: ~ Cr(Y\(hl m rrl)vfd
a~~~
Committee Member
DIRECTOR APPROVAL: k-
COInJmttee
VLOILY&t Dph'rvu l.
~~- ~CJ.L?hL
Committee Member
PROPOSED COUNCIL MOTION: H] move to forward the ordinance to a second reading for enactment on the
January (/h consent agenda n.
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
o APPROVED
o DENIED
o TABLEDillEFERRED/NO ACfION
'\sa" MOYED TO SECOND READING (ordinances only)
MYISED - 0210612006
COUNCIL BILL #
1 ST reading
Enactment reading
ORDINANCE #
RESOLUTION #
] 2- . z.. 2L.t1B~
I Uz' Z{1l';:~
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
FEDERAL WAY, WASHINGTON, RELATING TO BUSINESS
REGULATION ENFORCEMENT ADDING SECTIONS, AMENDING
SECTIONS, AND REPEALING SECTIONS IN CHAPTER 3, AND 9 OF
THE FEDERAL WAY CITY CODE.
WHEREAS, the City of Federal Way is in the process of re-codifying and reorganizing the
Federal Way City Code (FWCC) into the Federal Way Revised Code (FWRC) and through this process
has found redundant sections and language as well as unclear sections, inaccurate sections, and other
sections that could be reyised for better readability and workability; and business regulation enforcement
can be simplified and consolidated;
WHEREAS, certain Code provisions need to be modified to coordinate with state and county law
requirements in areas of business regulation enforcement;
WHEREAS, none of the changes to the FWCC contained in this ordinance are intended to change
numbering or formatting changes that occur pursuant to the reorganization of the Code and;
WHEREAS, the City Council of the City of Federal Way finds it in the best interest of the City to
update its code, and amending these sections bears a substantial relation to public health, safety, or
welfare of the people of Federal Way; is consistent with the applicable provisions of the comprehensive
plan; and is in the best interest of the residents of the city;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, DO ORDAIN AS FOLLOWS
SECTION 1. Chapter 3, Article I, Section 3-3, of the Federal Way City Code shall be amended to
read as follows:
3-3 Service charges for excessive false alarms.
(al) Service charges will be assessed by the city clerk for excessive false alarms during the
registration year as follows:
.@lFourth and fifth false alarms: fee set forth in fee resolution.
ililSixth and additional false alarms: fee set forth in fee resolution.
(92) The city clerk shall aetify send a notice of false alarm determination to the alarm user and the
alarm business by regular mail of the fourth and subsequent false alarms. The notice shall include the
amount of the penalty HHe and the consequences of the failure to pay the penalty HHe. The city clerk shall
also inform the alarm user of the right to appeal the validity of the false alarm determination, as provided
in FWCC 3-9. 3 10. If the service charge has not been received in the city clerk's office within 6G 50 days
from the day the notice of service charge was mailed by the city clerk's office, and there is no appeal
pending on the validity of the false alarm, the city clerk shall send the notice of service charge by certified
mail along with a notice of late fee as set forth in fee resolution. If payment is not received within W 14
days of the day the notice of late fee was mailed, the police chief may initiate the no response process and
enforcement of penalties.
(Ord. No. 93-193, S 3, 11-9-93)
SECTION 2. Chapter 3, Article I, Section 3-4, of the Federal Way City Code shall be amended to
read as follows:
3-4 No response to excessive false alarms.
(a) After the sixth false alarm in a registration year, the city clerk shall send a notification to the alarm
user by mail, which will contain the following:
(1) That the sixth false alarm has occurred.
(2) That if any additional false alarms occur within the remainder of the registration year, the
police may not respond to any subsequent alarms without the approval of the police chief and the alarm
user registration can be revoked.
(3) That the approval of the police chief can only be obtained by applying in writing for
reinstatement. The police chief may reinstate the alarm user upon a finding that reasonable effort has been
made to correct the false alarms which includes consideration of a letter from user's alarm company, duly
registered to do business in the city of Federal Way, which states the alarm system is operating properly
and the alarm user(s)' agents are properly trained in the alarm system operation. The city of Federal Way
shall not be responsible for any costs incurred by the user to qualifY for reinstatement.
(4) That reinstated users will be billed for any false alarm responses after reinstatement, and will
be subject to further revocation after any more false alarm responses during the remainder of the
registration year. Registrations will not be reinstated if there are any outstanding fees or service charges
due.
(5) That the alarm user has the right to contest the validity of a false alarm determination through
a false alarm validity hearing as set forth in FWCC 3-9.
(b) After the sixth false alarm within a registration year, or in case of a delinquent payment pursuant
to FWCC 3-3, there may be no police response to subsequent alarms without approval of the police chief.
If police response is suspended, the police chief shall send a notification of the suspension to:
(1) The department's communications center;
(2) The department;
(3) The alarm user by certified mail; and
(4) The persons listed on the alarm user's registration who are to be contacted in case of an
emergency, by certified mail.
(c) The suspension of police response to an alarm shall begin -W-14 days after the date of delivery
service of the notice of suspension of service to the alarm user unless a written request for a false alarm
validity hearing has been made in the required time period as set forth in FWCC 3-9.
(Ord. No. 93-193, ~ 4, 11-9-93)
SECTION 3. Chapter 3, Article I, Section 3-5, of the Federal Way City Code shall be amended to
read as follows:
3-5 Additional duties of alarm user.
(a) The premises An alarm user shall display the registration decal at or near the main entrance of any
premise where an alarm is used or operated" which shall be clearly visible and readable from the exterior
of the premises.
(b) The premises An alarm user shall display the street address at or near the front of the premises and
at other places where access is available, such as from an alley or parking lot. The street address shall be
clearly visible and readable from the exterior of the premises.
(c) If requested to do so by the department, the alarm user or his or her designee shall respond to a
premises following activation of an alarm system for y:hieh a registratien has beeR issued within a
reasonable time, and in any event, within one hour after said notification.
(Ord. No. 93-193, ~ 5, 11-9-93)
SECTION 4. Chapter 3, Article I, Section 3-9, ofthe Federal Way City Code shall be amended to
read as follows:
3-9 Administrative hearing.
(a) An alarm user may appeal the validity of a false alarm determination or the assessment of
penalties to the police chief. by filing a written notice of appeal with the city clerk within 14 calendar
days from the date of service of the notice of a false alarm or notice of any penalty. Service shall be
deemed complete upon the third day following the day upon which the notice is placed in the mail. unless
the third day falls on a Saturday. Sunday or legal holiday, in which event service shall be deemed
complete on the first day other than a Saturday, Sunday or legal holiday following the third day. The city
may also request a hearing before the police chief to assess costs, modify previous orders, or to enter
other orders as needed. The appeal shall be in '.VritiFlg and shall be requested vfithHl. 10 days of the
notice of perIalty reeeived from the city elerk's offiee. Failure to contest the false alarm determination in
the required time period results in a conclusive presumption for all purposes that the alarm was false.
(b) Within 10 days of the clerk's receipt of the appeal. the police chief shall set a public hearing for a
date within 30 days of the clerk's receipt of the appeal. If a hearing is requested, \vntterI Written notice of
the time and place of the hearing shall be served on the user by the city clerk police chief, by certified
mail, at least 10 days prior to the date set for the hearing, which shall not be more than 21 nor less thaFl 10
days after the filing of the request for hearing.
(c) The hearing shall be before the police chief or the police chief's designee. The poliee ehiefmay
appoint aFlether person to be an administrative hearing offieer to hear the appeals and to reFlder judgment.
The alarm user and the QN.police chief shall have the right to present written and oral evidence. If..the
police chief determines that the false alarms alleged have eeeurred in a registratioFl year, the poliee ehief
may issue 'llritten fIndings '.vaiving, expunging or entering a false alarm designatioFl eFl aFJ. alarm l:lser's
record. If the hearing officer finds that the appellant has proven by a preponderance of evidence that an
alleged false alarm did not occur during the registration year the hearing officer shall vacate the false
alarm determination. If the hearing officer fInds that the appellant has proven by a preponderance of
evidence that any penalties are improper the hearing officer shall waive them. Otherwise the hearing
officer shall affirm the false alarm determination and penalties. The hearing officer shall issue a written
decision, including findings of fact. conclusions, and order within 14 days of the hearing. If false alarm
determinations designations are affirmed entered on the alarm user's reeord, the city clerk shall pursue the
collection ofthe penalties penalty fines. If the ciyil penalty is not found to be proper, then the alarm user
shall bear no costs.
(d) If a hearing is canceled more than 10 days after its request, then a cancellation fee as set forth in
the fee resolution must be paid in addition to the amount of the eiyil infraction.
(e) In accordance with RC\V 16.55.210(1)(d), a decision made by an adfninistratiye hearing officer
may be appealed to the King County Distriet Court for final judgment. (Ord. No. 93-193, ~ 9, 11-9-93)
SECTION 5. Chapter 3, Article I, Section 3-10, of the Federal Way City Code shall be amended
to read as follows:
3-10 Violations- Penalties.
In addition to any other penalty, the penalties and regulatioBs pro'lided herein, [anyoBe] who violates
any provisions of this ehapter shall be found to have cemmitted a Class I a violation of any provision of
this chapter is a civil infraction.
(Ord. No. 93-193, ~ 10, 11-9-93)
SECTION 6. A new section shall be added to Chapter 9, Article I, of the Federal Way City Code
(FWRC 12.05.002) to read as follows:
9-2 [FWRC 12.05.002] Enforcement and authority.
The city clerk has the authority to adopt rules and regulations to carry out the provisions of this chapter
rTitle 1 and has the authority to administer and enforce this chapter rTitle 1 and any such rules and
regulations. It is unlawful to violate or fail to comply with any provision of this chapter rTitle 1 or any
such rule or regulation.
SECTION 7. A new section shall be added to Chapter 9, Article I, of the Federal Way City Code
(FWRC 12.05.003) to read as follows:
9-3rFWRC 12.05.0031 Applicability.
Unless otherwise specified, the provisions contained in this article r chapter 1 apply to licenses and
regulations under any chapter in this chapter rTitlel.
SECTION 8. Chapter 9, Article II, Section 9-27, of the Federal Way City Code shall be amended
to read as follows:
9-27 Penalties and violations.
(a) Criminal penalties. Any person failing to obtain or renew his/her business license or registration
after July 1 st of each year, or otherwise violating or failing to comply with any of the provisions of this
aftiele chapter rTitlel is guilty of a misdemeanor may be }3ffi'lished by a fine of net FRere than $5,000 or
imprisoned for not more tRaR six months, or both, for each day or part of a day during which the unlawful
act or violation occurs. The person may alse be erdered to diseontinue the unlawful aet or eorrect the
violation.
(b) Civil penalties. Any person who fails to comply with the provision of this aftiele chapter rTitlel is,
in addition to any criminal penalties, subject to a maximum civil penalty of $5,000 for each day or portion
of the day that the violation continues. The maximum penalty and the default amount shall be $100.00 for
the first violation, $200.00 for a second violation of the same nature or a continuing violation, $300.00 for
a third violation of the same nature or a continuing violation and $500 for each additional violation of the
same nature or a continuing violation in excess of three not including fees, costs, and assessments.
(c) Other legal remedies. Nothing in this afliele chapter [Title llimits the right of the city to pursue
other lawful, criminal, civil or equitable remedies to abate, discontinue, correct or discourage~
unlawful acts under er in violation of this article.
(Ord. No. 91-86, ~ 1(23),2-5-91; Ord. No. 00-370, ~ 1, 7-18-00)
SECTION 9. Chapter 9, Article II, Section 9-28, of the Federal Way City Code shall be amended
to read as follows:
9-28 Processing procedure.
The city clerk shall issue registrations_in the name of the eity to all persons qtIalified under the
provisions of this artiele and shall:
(1) Adopt all forms and prescribe the information required to implement this aflie.le chapter rTitle 1.
(2) Submit all applications to the planniRg community development department, building division,
fire department and/or police department for their endorsements as to compliance by applicant with all
city regulations which they have the duty of enforcing.
(3) Notify any applicant of any deficiencies in their application and refrain from completing the
processing until those deficiencies are remedied. Notify any applicant of the aee~tanee or rejeetion of
this application and shall, upon denial of any registration, state in \vriting the reason therefor, the preeess
for appeal thereof and deliver them to the applieant.
(4) Deny any application for registration upon written findings that the granting would be detrimental
to public peace, health or welfare, or that such application for registratien is not in compliance with any
applicable city regulations. Upon denial the clerk shall notify the applicant of the denial. the written
findings, and the process for appeal.
(5) Issue licenses or registrations to all persons qualified under the provisions of this chapter rTitle J.
When an-y sl:1eh registration is denied, the applieaRt may appeal sueh deeision pursuant to the preeess
described in F'NCC 2-11.
(6) 'Nben the issuanee is denied, and any aetion instituted by the applieant to compel its issuanee,
sueh applicant shall net eftgage in the business for '.'fhieh the registration was refused l:1fI:less or until the
registration is issued pursuant to an administrative er judieial juclgment ordering the same.
(Ord. No. 91-86, S 1(4),2-5-91)
SECTION 10. Chapter 9, Article II, Section 9-29, of the Federal Way City Code shall be
amended to read as follows:
9-29 Business registration
No person shall transact, engage in or carry on any business, trade, profession, occupation, calling or
activity in the City of Federal Way without first having been issued a proper and current registration...in
addition to any other required federal. state, local. or City licenses: unless the person has or having filed
and qualified for iffi exemption~ therefrom as pro'lided herein.
(Ord. No. 91-86, ~ 1(1),2-5-91)
SECTION 11. Chapter 9, Article II, Section 9-30, of the Federal Way City Code shall be
amended to read as follows:
9-30 Application.
(el) Every person required to procure a license or registration under the pre';'ision of any erclinance of
this city or pro'lision of this Gede chapter rTitle J shall submit an application for such registration to the
city clerk on forms provided by the clerk. The application for the registration shall be made 1e the eity
elerk, on forms pro'lided by sueh offieer, whieh applieation shall include at a minimum the following
information: the name of the applicant, the residence, place and address of business, the nature of
business, name of business. the organization of the business (if it is a partnership, corporation. etc.). the
number of employees employed by the business, emergency notification information, copies of any
required licenses or certifications. and hazardous waste and substance information. The city clerk shall
also require any additional information required by a provision of this chapter rTitle 1 or found to be
reasonably necessary to determine compliance with this chapter rTitle 1 or for the fair administration of
this aftiele chapter rTitle 1. An application shall be deemed complete upon the applicant's provision of all
required information, including identification of "none" where that is the correct response, and the
applicant's verification, under penalty of perjury, that the information contained in the application is true
and that the application is complete.
(132) The application for a license or registration shall be accompanied by the full amount of the fee
chargeable for such license or registration.
(el) The city clerk shall issue a receipt to the applicant for the money paid in advance. Such receipt
shall not be construed as the approval of city clerk for the issuance of the registration; nor shall it entitle
or authorize the applicant to open or maintain any business contrary to the provisions of any lawtlHs
article or this Code.
(61) A duplicate license or registration may be issued by the city clerk to replace any license or
registration previously issued which was lost, stolen, defaced or destroyed, upon the filing ef bLthe
licensee or registrant ef an affidavit attesting to such fact and the paying to the city clerk a fee in the
amount of$15.00.
(e~) Any person or business possessing a current valid license or registration under this chapter shall
submit a new application within 30 days of any change or modification in the type, kind~ or nature of the
business, or if any person or entity acquires a significant interest in the business or responsibility for
management or operation of the premises or the business. Submission ofiffi such application doeumenting
said ehange or modifieatieR will not require a fee.
(Ord. No. 91-86, ~ 1(3),2-5-91; Ord. No. 03-440, ~ 1,3-18-03)
SECTION 12. Chapter 9, Article II, Section 9-35, of the Federal Way City Code shall be
amended to read as follows:
9-35 Separate locations.
A separate license or registration shall be required for each branch, establishment or location of the
business engaged in, as if each such branch, establishment or location were a separate business; provided,
however, warehouses and distributing plants and storage yards used in connection with and incidental to a
business licensed or registered under the provision of this aftiele chapter rTitle shall not be deemed to be
separate places or business or branch establishments. Location of such warehouses and distributing plants
and storage yards shall be shown on the application for the business license or registration, and must
comply with the proyisions of all city codes. Each license or registration shall authorize the licensee or
registrant to transact and carry on only the business licensed or registered thereby at the location or in the
manner designated in such license or registrations.
(Ord. No. 91-86, ~ 1(9),2-5-91)
SECTION 13. Chapter 9, Article II, Section 9-36, of the Federal Way City Code shall be
amended to read as follows:
9-36 Joint registrations.
A person engaged in two or more businesses at the same location shall not be required to obtain
separate registrations for conducting each of such businesses; proyided, when eligible, the person shall be
issued one registration which will specify on its face all such businesses. Applications for such joint
registration shall list the names and pertinent information for all such businesses. The total number of all
employees employed in all businesses included within the joint business license registration shall be
considered for purposes of classifying the size of the business for licensing registration purposes.
(Ord. No. 91-86, ~ 1(10),2-5-91)
SECTION 14. Chapter 9, Article II, Section 9-37, of the Federal Way City Code shall be
amended to read as follows:
9-37 Agents responsible faF a13taining registratian.
The agents or other representatives of nonresidents who are doing business in the city shall be
personally responsible for the compliance of their principals, and the businesses they represent, in regards
to the requirements of this afliele chapter rTitle 1.
(Ord. No. 91-86, ~ 1(11),2-5-91)
SECTION 15. Chapter 9, Article II, Section 9-38, of the Federal Way City Code shall be
amended to read as follows:
9-38 Posting required.
Every license or registration granted under this aTtiele chapter rTitle 1 shall be posted in a conspicuous
place in the place of business of the licensee or registrant.
(Ord. No. 91-86, ~ 1(12),2-5-91)
SECTION 16. Chapter 9, Article II, Section 9-39, of the Federal Way City Code shall be
amended to read as follows:
9-39 Change of address.
Every person who, under the provision of this afliele chapter rTitlel, is subject to a license or
registration fee requirement and who has a fixed place of business shall notify the city clerk in writing of
any change in location of such fixed place of business or mailing address within 30 days thereafter.
(Ord. No. 91-86, ~ 1(13),2-5-91)
SECTION 17. Chapter 9, Article II, Section 9-40, of the Federal Way City Code shall be
amended to read as follows:
9-40 Nontransferable.
Licenses or registrations Registrations issued pursuant to this afliele chapter rTitle 1 shall not be
transferable by the licensee or registrant to any other person, nor shall any fee paid by any person under
the proyisions of this afliele chapter rTitle 1 be applied in whole or in part to the payment of fee due, or to
become due, from any other person; provided, however, that, in the event of death of the individual.
partner, or officer who satisfied the requirements of this chapter rTitlel, the surviving spouse, partner, or
officer may operate under the existing license for a period not to exceed 90 days.
(Ord. No. 91-86, ~ 1(14),2-5-91)
SECTION 18. Chapter 9, Article II, Section 9-41, of the Federal Way City Code shall be
amended to read as follows:
9-41 Mailing of notices.
Unless otherwise provided, any Afly notices required by this aFtiele chapter rTitle 1 to be mailed to any
licensee, registrant or applicant shall be sent by ordinary mail, addressed to the address of the licensee,
registrant or applicant as shown by the records of the city clerk, or if no such address is shown, to such
address the city clerk is able to ascertain by reasonable effort. Failure of the licensee, registrant or
applicant to receive such mail notice shall not release the licensee, registrant or applicant from any fees or
penalties thereon, nor shall such failure operate to extend any time limit set by the provisions of this
aFtiele chapter rTitlel. Service shall be deemed complete upon the third day following the day upon which
the notice is placed in the mail. unless the third day falls on a Saturday. Sunday or legal holiday, in which
event service shall be deemed complete on the first day other than a Saturday, Sunday or legal holiday
following the third day.
(Ord. No. 91-86, ~ 1(16),2-5-91)
SECTION 19. Chapter 9, Article II, Section 9-42, of the Federal Way City Code shall be
amended to read as follows:
9-42 Revocation - Suspension - Denial.
"A. registration issued under this artiele may be revok-ed, suspended or demed The clerk may reyoke,
suspend. or deny a license or registration issued or requested under this chapter rTitle 1 for anyone or
more of the following reasons:
(1) The licensee or registrant, or any manager, officer, director, agent or employee, while acting
within the scope of the business or of employment, faMed fails to comply with, fails to operate the
business or activity in accordance with, or uses the business or activity as a instrument or cover for
violations of any federal, state~ or local laws or regulations, including any provision of this Code;
(2) The licensee, or any manager, officer, director, agent or employee, v/hile acting within the scope
of employment, failed to comply with any of the terms and eonditions impased by the city eR the issuance
of the registration;
(3) The licensee, or any manager, officer, direeter, agent or emplayee, while acting within the scope
of employment, failed to operate the business or activity in acconiance with any federal, state er laeaI la'll
or regulations;
(41 The licensee or registrant, or any manager, officer, director, agent or employee, while acting
within the scope of employment, eonducted or permitted operates the business or activities in a manner
which, or allows the business or activities to become an instrument or a cover that, creates a nuisance or
otherwise endangers the public health, welfare or safety;
($- J) The issuance Issuance of the license or registration was issued through mistake or inadvertence,
without authority or power, or in violation of any applicable federal, state or local laws or regulations;
(6:1:) When the The license or registration was procured by fraud or false representation of facts~
including through an application that contains false or misleading statements, evasions or suppression of
material facts;
(7) When the ~registration was issued tm-ough mistake ar iaadvertence;
(8) Vlhen the registration application contains false or misleading statements, evasions or s1:lppression
of material facts;
(9~) The licensee or registrant's conviction has been or is convicted of infractions, crimes, or offenses
within 10 years which have a connection to the licensed business or activity, or the licensee or registrant's
agent or employee is convicted of such offense on the subject premises when the licensee or registrant
knew or should have known of the yiolations:
(10) "'hen the business or aetivity beeomes an instrument of or a cO'/er f-or public disorder, crime, or
other danger to public saf-cty, morals or health;
(++Q) When a The registrant has had a business license or registration denied or revoked by the city
within one year prior to the date of an application f-or a business registration;
(12) Crifl.'Hnal conviction of licensee, or any manager, officer, director, agent or employee, while
acting within the scope of employment, or a \riolation of any provision of this title shall be grounds for
re'location or suspension ofthe license.
A license or registration procured by fraud or misrepresentation shall be revoked. Where other violations
of this chapter rTitle 1 or other applicable ordinances, statutes, or regulations are found, the license or
registration shall be denied or suspended for a period of 30 days upon the first such violation, 90 days
upon the second violation within a 24-month period, and revoked for third and subsequent violations
within a 24-month period, not including periods of suspension.
(Ord. No. 91-86, ~ 1(17),2-5-91; Ord. No. 95-231, ~ 1,4-4-95; Ord. No. 03-440, ~ 2, 3-18-03)
SECTION 20. A new section shall be added to Chapter 9, Article II, of the Federal Way City
Code (FWRC 12.05.173) to read as follows:
9-42.3 rFWRC 12.05.1731 Emer2enCy suspension.
In the event of conduct or activities which create an imminent risk of harm to public health. safety or
welfare, or where the Federal Way building official. fire marshal or the King County health department
find that any condition exists upon the premises of the business which constitutes a threat of immediate
serious iniury or damage to persons or property, the license or registration of such business may be
summarily suspended. The licensee or registrant shall be notified in writing of the grounds for suspension.
Notification shall be by personal service or by registered or certified mail. Such suspension shall remain
in effect until further order by the City or appellate body.
SECTION 21. A new section shall be added to Chapter 9, Article II, of the Federal Way City
Code (FWRC 12.05.175) to read as follows:
9-42.5 rFWRC 12.05.1751 Notice of suspension. revocation. denial or civil penalty.
Prior to denial. suspension, or revocation of a license or registration under this chapter rTitle 1. or
imposition of a civil penalty the licensee or registrant shall be notified in writing of the grounds for the
action. Notification shall be by personal service or by registered or certified mail. Except as provided in
FWCC 9-49 rFWCC-9-42.3 rFWRC 12.05.17311 any penalty will be due and any denial. suspension. or
revocation of the license or registration shall be effective 14 days after the date of service of the notice of
suspension or revocation unless such action is appealed by registrant in the manner described herein.
SECTION 22. Chapter 9, Article II, Section 9-43, of the Federal Way City Code shall be
amended to read as follows:
9-43 Effect of registration, denial, revocation or suspension.
If any registrant has a business license or registration denied or revoked for any reason, a new
business license or registration shall not be granted to the licensee or registrant aB4lor any entity in which
the licensee or registrant has an ownership interest for a minimum period of one year from the date of
such denial or revocation and all business activity shall immediately cease from the date of such denial or
revocation, except as provided in FWCC 9-47 rFWCC 9-43.5 rFWRC 12.05.18511. The city clerk may
suspend a license or registration for no more than six months. During the period of any suspension, all
business activity shall cease. When a license or registration is denied, reyoked, or suspended the
applicant may appeal such decision pursuant to the process described in FWCC 9-45 et seq. Such
applicant shall not engage in the business for which the license or registration was denied, revoked, or
suspended unless or until a license or registration is issued or reinstated pursuant to an administrative or
iudicial iudgment ordering the same.
(Ord. No. 95-231, ~ 1,4-4-95)
SECTION 23. A new section shall be added to Chapter 9, Article II, of the Federal Way City
Code (FWRC 12.05.185) to read as follows:
9-43.5 rFWRC 12.05.1851 Reinstatement procedures and standards for reviewin2 an application
for reinstatement.
At any time following the expiration of the revocation or denial period a licensee or registrant may apply
for reinstatement of the license or registration, or an application for a new business may be sought. A
hearing shall be held pursuant to the procedures under FWCC 9-45 et. seq.
SECTION 24. Chapter 9, Article II, Section 9-44, of the Federal Way City Code (FWRC
12.05.190) shall be amended to read as follows:
9-44 [FWRC 12.05.190] Notice of hearing.
Prior to suspension or revocation of a license or registration under this aftiele chapter rTitlel, the
licensee or registrant shall be notified in writing of the grounds for suspension or revocation of the
registration.
Suspension or revocation of the license or registration shall occur 10 days after the date of service of
the notice of suspension or revocation unless such action is appealed by licensee or registrant in the
manner described herein.
(Ord. No. 91-86, S 1(18),2-5-91; Ord. No. 95-231, S 1,4-4-95)
SECTION 25. Chapter 9, Article II, Section 9-45, of the Federal Way City Code shall be
amended to read as follows:
9-45 Appeal period.
(1) Generally. Any person falling under the provlSlons of this chapter rTitlel may appeal any
revocation, suspension, or denial of a license or registration, the assesment of any penalty, or any other
acts designated under this chapter [Title 1 as appealable or entitled to a hearing examiner hearing, to the
hearing examiner by filing a written notice of appeal. specifying what issue is being appealed, with the
city clerk within 14 calendar days from the date of service of the notice of revocation, suspension, or
denial. penalty or other event. The city may also request a hearing before the hearing examiner to assess
costs, modify previous orders. or to enter other orders as needed.
(2) Schedule. Within 10 days of the clerk's receipt of the appeal. the hearing examiner shall set a
public hearing for a date within 30 days of the clerk's receipt of the appeal.
(3) Notice. Written notice of the time and place of the hearing shall be served on the person subiect to
the requirements of this chapter and/or the appellant by the city clerk, by certified mail. at least 10 days
prior to the date set for the hearing"
(4) Participation. The city and the appellant may participate as parties in the hearing and each may
call witnesses. Any person may participate in the public hearing in either or both of the following ways:
(a). By submitting written comments to the hearing examiner, either by delivering these
comments to the clerk prior to the hearing or by giving these directly to the hearing examiner at the
hearing.
(b) By appearing in person, or through a representative, at the hearing and making oral comments
directly to the hearing. The hearing examiner may reasonably limit the extent of oral comments to
facilitate the orderly and timely conduct of the hearing.
(5) Conduct of hearing. The hearing examiner shall conduct the hearing on the appeal pursuant to the
rules of procedure of the hearing examiner. The hearing is limited to the issues raised in the notice of
appeal. The appellant shall haye the burden of proof by a preponderance of the evidence. The hearing
examiner shall make a complete electronic sound recording: of the public hearing.
(6) Stay. The assessment of a penalty or a suspension or revocation of a license or registration shall
be stayed during an appeal. but a denial of a license or registration is effective until ordered otherwise.
A registrant under this article must appeal the deeision for rev0€lation, suspeflsion or denial within 10
days 0f reeeipt 0f tee noti€le of sueh revocation, suspeflsi0n or denial by filing a notiae 0f appeal with the
city clerk. Upon reeeipt by tee aity alerk of the appeal by registrant, a heariflg shall be held thereon before
a hearing examiner designated by the aity. Notiee of the hearing shall be gi'fen to the appelhmt at least 10
days prior to the hearing. ,^.t such hearing the appellant shall be en..titled to be heard and mtr000ae
eviden€le on his or her O'.vll behalf.
(Ord. No. 91-86, S 1(19),2-5-91; Ord. No. 95-231, ~ 1,4-4-95)
SECTION 26. Chapter 9, Article II, Section 9-46, of the Federal Way City Code shall be
amended to read as follows:
9-46 Decision of the hearing examiner.
After considering all of the information and comments submitted on the matter, the hearing examiner
shall issue a written decision, including findings of fact. conclusions, and order, affirming, reversing, or
modifying the decision. action, or penalty being appealed based on the hearing examiner's findings and
conclusions. Unless a longer period is agreed to by the applicant, the hearing examiner shall issue the
decision within 10 working days after the close of the public hearing. Notice of the decision shall be
mailed to all parties. The deeision of the hearing examiner shall be rendered '.yithin fi'le days 0f the alose
of the hearing. The decisi0fl shall be in v.riting and shall set f-orth the findings and reaS0ns for the
decision, and the registFant shall be notified in vmting. In the event of revocation or denial of a license or
registration or lieense, the hearing examiner de€lision shall provide that the revocation or denial shall be
for a period of not less than one year unless the hearing examiner determines that extraordinary
circumstances exist justifying a shorter period of time, in which case the justification for such decision
shall be set forth by the hearing examiner in writing. In determining the minimum time of the revocation
or denial during which reinstatement or issuance of a business license or registration shall not be
considered, the hearing examiner will shall consider among other factors:
(1) The degree of the licensee or registrant's culpability, if any, and the conduct leading to the
revocation, suspension, ef denial. penalty, or other decision of the clerk;
(2) The criminal nature of the conduct, if any;-iH'iii
(3) The conduct's effect~ on the community and whether the business or activity was a threat to the
public health, safety or welfare: and
(4) Any mitigating evidence.
During the period of reyocation or denial, the registrant and any entity in whieh the registrant has an
mvnership interest shall be precluded from applying fer either a reiFlstatement ef the registrati0R 0r from
applying for a nev. business regiswation to €londuet the same or a similar business activity. The decision
of the hearing examiner is final unless appealed within 14 days to the city council by filing saah notice of
appeal with the €lity €llerk ,yithin the required time period. If a decision of the hearing examiner is not
appealed it shall constitute the final decision of the city, and the failure to comply with the decision of the
hearing examiner shall constitute a misdemeanor.
(Ord. No. 91-86, ~ 1(20),2-5-91; Ord. No. 95-231, ~ 1,4-4-95)
SECTION 27. Chapter 9, Article II, Section 9-47, of the Federal Way City Code (FWRC
12.05.220) is hereby repealed as follows:
9 47[FWRC 12.05.220) Reinstatement proeedures and standards for reviewing an
appIieation for reinstatemeBt.
(a) Proeerlures. '^~t any time follo'lIing the expiration of the re'leeation or denial period a registrant
may apply. for reinstatement of the registration, or an applieation for a new business may be seught
utilizing the following proeedures:
(1) A ',witten application shall be eompleted on a form available from the city elerk.
(2) The applieation, 'Nhen eompleted, shall be filed with the eity clerk, with a eopy te the eity
attorney.
(3) The hearing examiner shall set a publie hearing date '.Yith at least hvo weeks' notiee te the
registrant to eonsider the applieation fi)f reinstatemeRt Of new applieation.
(1) The publie hearing shall be adT,'ertised by the eity elerk iR a nev/spaper ef general eirculatioo in
the eity of Federal 'Yay at least onee and at least fhe days prior te the publie hearing.
(5) 1'.t the publie hearing, the hearing examiRer shall receive testimony from the registrant, eity staff
and interested members ef the p\:1blie.
(6) Upon eonelusion of the pub he hearing the hearing eXamlRer shall deeide whether Of not te grant
approval of the applieation.
(b) Standards fer reTlie'.v. In making its determination on aR apf>lieation fer reinstatement or iss\:1atH3e
ef a registratien privilege, the hearing examiner shall eonsider all releyant factors, whieh shall incll:lde:
(1) The amount of time v/hieh has elapsed since the revoeatioR or denial aetien was taken; and .
(2) The degree of the registrant's eulpability, if aay, the eonduet leadiRg to the revoeatioo er denial,
and the eriminal nature of the eonduet, if applicable; and
(3) The effect on the COIIlffil:1llity of the eenduet leading to the reveeation or deflial ef the registration
privilege; and
(1) The steps taken by the registrant to reform him/herself or iFlsure that if plaeed in the same or
similar business ovmership position, he/she would Rot rev.crt to the prier eonduet wmeh lead to the
revocation or denial of his/her registration; and
(5) <'\ny additional means by whieh the registrant ean demonstrate te the hearing examiner that if
allowed a new registration, the prior \Vfongful eonduet 'l{ould not reeur.
(Ord. No. 95 231, ~ 1,1 1 95)
SECTION 28. Chapter 9, Article II, Section 9-48, of the Federal Way City Code shall be
amended to read as follows:
9-48 Appeal to city council.
The city council shall hear the any appeal of the hearing examiner decision using the procedures
provided in process IV of Chapter 22 FWCC. Zoning. \vitmR 30 days of the filiRg ofnotiee of the appeal.
The eity council may adopt, modify or reverse the decision of the hearing examiner. The deeision efthe
city council shall be final unless appealed by writ of certiori to the superior eeurt vii thin 10 da-ys ef the
council decision.
(Ord. No. 91-86,9 1(21),2-5-91; Ord. No. 95-231, 9 1,4-4-95)
SECTION 29. Chapter 9, Article II, Section 9-49, of the Federal Way City Code (FWRC
12.05.240) is hereby repealed as follows:
9 49 [F'VRC 12.05.240] Emergeney suspension.
In the event of eonduet or activities which create an eminent risk of harm to public health, safety or
welfare the registration of such business may be summarily suspended_upoH notiee to the registrant;
provided, that the registrant shall be entitled to a hearing before a hearing examiner designated by the eity
upon a v,ntten appeal being filed with the city clerk by the registrant within 10 days of the registration
suspension. In the event of an appeal by registr8:Ht, a hearing shall be provided within 10 days of Ratiee of
appeal. The pro'/isions of FWCC 9 15, 9 16 and 9 17 shall apply ta any appeal af the hearing eJlaminer
decision. (Ord. No. 91 86, ~ 1(22),25 91; Ord. No. 95 231, ~ 1,4 1 95)
SECTION 30. Chapter 9, Article III, Section 9-73, of the Federal Way City Code is hereby
repealed as follows:
9 73 Peaalties.
(a) Criminal penalty. My person yiolating any of the terms of this article shall be g1:lilty of a
misdemeanor and l:lpon eonvietion thereof, be punished as provided in FWCC 1 13.
(b) Civil penalty. In adeitioo. ta any other penalty proyided iR this seetiaR ar by law, 8:HY 13ersoo. who
violates any proyision of any bl:lsiRess license ordinance shall be subjeet to a civil penalty iR an amount
not ta exceed $250.00 13er ','ialation, to be directly assessed by the city clerk. The city clerk, in a
reasaRable marner, may';a:ry the amount of the penalty assessed to cOHsider the apprapriateness of the
penalty ta the size af the business of the 'liolator; the gra'lity af the ',iolatiaR; the number af past and
present violations committed; and the gaad faith of the 'liolator iH attempting ta aehie';e com13liaRce after
Ratification of the ',iolation. All civil penalties assessed will be enf-orced aRe eollected iR aeeordanee 'N:i-th
the procedure specified under this article.
(Ord. No. 90 55, ~ 15,5 1 90; Ord. No. 95 211, ~ 1, g 15 95)
SECTION 31. Chapter 9, Article III, Section 9-74, of the Federal Way City Code is hereby
repealed as follows:
9 74 :\dditioaal eaforeemeat.
Notwithstanding the existenee or use af any other remedy, tbe eity clerk may seek legal ar equitable
relief to en:i oin any acts or praetiees which constitut-e or will eaRstitute a violatioo. of any pra'/ision of this
~
(Ord. No. 90 55, ~ 16,5 1 90; Ord. No. 95 211, ~ 1, g 15 95)
SECTION 32. Chapter 9, Article III, Section 9-86, of the Federal Way City Code is hereby
repealed as follows:
9 8& Lieease sRspeasioa or revoeatioa.
( a) The clerk may, at any time upon the reeommendation of the chief of 13alice and as pravided belO'.y,
suspend or revoke any license issued under this ehapter:
(1) '.Vhere such license was 13rocl:lfed by fraud or false representation affact; or
(2) For the '/iolatiaR af, or failure to comply with, the proyisions af this chapter ar any other similar
loeal or state law by the licensee or by any of its servants, agents or employees \vheR the licensee lmew or
should ha'/e Irno"VV11 of the violations committed by its servants, agents or emplayees; or
(3) For the eonviction of the lieensee of any crime or off-ense involying prostitution, pramoting
prostitution, or transaetions involying controlled s\:lbstances (as that term is defined in Cha13ter
69.50 RC'.V) committed on the premises, or the conviction of any af the lieensee's servants, agents or
employees of any crime or off-ense involving prastitution, promotiRg prostitutioR, or transactioo.s
inyolying controlled substaRees (as that term is defined in Chapter 69 .50 RCW) committed en the
lieensed premises when the lieensee kne'll or should haye knO'lill of the violations committed by its
servants, agents or employees.
(b) "^.. license procured by fraud or misrepresentation shall be revoked. Where other violations of this
chapter or other applicable ordinanees, statutes or regulations are found, the license shall be suspended for
a period of 30 days upon the first sl:leh 'liolation, 90 days upon the second violation within a 21 month
period, and revoked fer thfrd and subsequent vielations within a 21 month peried, net iReh:lmRg perieds
of suspension.
(c) The clerk shall provide at least 10 days' prior 'l,Titten notice to the lieen.see of the deeisioo. to
suspend or reyoke the lieen.se. Such notice shall inform the licensee of the right to appeal the deeisieR te
the hearing examiner or other designated hearing bOGY aHd shall state the effeetive date of such re';oeation
or suspension and the grounds f-or revoeatioR or suspension.
(d) Notifieation shall be by persoRal service or registered or certified mail, return receipt requested, of
the decisioo.. Netice mailed to the address on file shall be deemed received three days after mailiHg. The
notice shall specify the grounds f-or the sl:lspension or revocation. The suspensieH er reyeeatioo. shall
become eff-eeti'/e 10 days from the date the notice is deli'lered or deemed reeeiyed unless the person
affected thereby files a written req\:lest with the city elerk fer a hearing before the hearing examiner y,ithin
such 10 day period. The hearing examiner or ether heariHg bedy shall reHder its decision withiR 15 days
following the close of the appeal hearing. .f.ny person aggrieved by the deeision of the hearing examiner
or ether designated hearing bedy shall haye the right to appeal the deeisioo. to the Superior Court ',',itmn
1 ~ days of the hearing examiner decision, by 'I.Tit of eertiorari or mandamus as provided in FWCC 2 182.
The deeision of the clerk shall be stayed during the pendeney of any administrative and judieial appeals
exeept as 13royided in subseetioR (e) ef this seetion.
(e) '}.There the Federal Way baildiHg official, fire marshal or the King County health department fmd
that any condition exists l:lpon the premises of an aoolt entertaiRffieRt establishment ',vhieh eelRstitutes a
threat of immediate serioMs injury or damage tel persoHs or preperty, said official may immediately
suspend any license issl:led under this ehapter 13ending a hearing in aceordanee with sl:lbseetieH (e) of this
seetion. The official shall issue notiee setting forth the basis for the action and the facts that constitute a
threat of immediate serious injury or damage to persons or property, and iRferming the lieeRsee ef the
right to appeal the suspension to the hearing examiner or other designated heariHg bedy l:lHder the same
appeal provisions set forth iB subseetion (c) of this seetioo., pro'lided, however, that a suspension based 00.
threat of immediate seriel:ls iHjury or damage shall Bet be stayed ffitri.Rg the pendency of the appeal.
(Ord. Ne. 90 55, ~ 17V..), 5 1 90; Ord. No. 95 211, ~ 1, g 15 95)
SECTION 33. Chapter 9, Article III, Section 9-88, of the Federal Way City Code is hereby
repealed as follows:
9 88 Notiee of appeal.
.f.ny 13erson falling under the provisions of this article may appeal from any notice of suspension,
denial or re'loeation or civil penalty assessment by filing with the eity clerk within 10 days from the date
the notice is delivered or deemed reeei'led, a written appeal eontaining:
(1) A heading in the words: "Bef-ore the Hearing Examiner for the city of Feoeral Way";
(2) A caption reading: "Appeal of _" giving the names of all appellants participating in the appeal;
(3) A brief statement setting forth the legal interest of eaeh of the appellants participating in the
appeal;
(4) /\ brief statement in eoo.eise language of the speeific order or action protested, together with any
material facts claimed to support the contentions of the appellant;
(5) A brief statement in eoncise laRgl:lage of the relief sought, and the reasens why it is elaimed the
protested order or action sf1euld be reversed, modified, or otherwise set aside;
(6) The signatures of all parties named as appellants, and their official mailing addresses; and
(7) The '/erification, by deelaration under penalty of perjury, of at least one appellant as to the truth of
the matters stated in the appeal.
(Ord. No. 90 55, ~ 17(C), 5 1 90; Ord. No. 95 211, ~ 1, g 1595)
SECTION 34. Chapter 9, Article III, Section 9-89, of the Federal Way City Code is hereby
repealed as follows:
9 89 Date, time, plaee far heariag.
"\.s soon as practicable after receiving the written appeal, the hearing examiner shall fix a date, time,
and place for the hearing of the appeal. Such date shall be not less than 10 days nor more thaR 30 days
from the date the appeal ',yas filed with the oity clerk, unless the parties agree to an exten.sion ef time.
Written notice of the time aRd place of the hearing shall be giveR at least 10 days prior to the date of the
hearing to each appellant by the heariRg examiner's office either by causiRg a cepy of Sl:lefl notice te be
deli'lered to the appellant personally or by mailiRg a copy thereef, postage prepaid, addressed te the
appellant at his or her address shev.'R eR the appeal.
(Ord. No. 90 55, ~ 17(D), 5 1 90; Ord. Ne. 95 211, ~ 1, g 15 95)
SECTION 35. Chapter 9, Article III, Section 9-91, of the Federal Way City Code is hereby
repealed as follows:
9 91 Seope of matters eoasidered ia appeal.
Only those matters or issues speoifieally raised by the a13pellant iR the y,Titten netiee of appeal shall
be considered in the hearing of the appeal.
(Ord. No. 90 55, ~. 17(F), 5 1 90; Ord. No. 95 241, ~ 1, g 15 95)
SECTION 36. Chapter 9, Article III, Section 9-92, of the Federal Way City Code is hereby
repealed as follows:
9 92 "'aiver of right to appeal.
Failure of any person te file an appeal in accord8:Hce with the prO'lfsions of this di'/isioR shall
constitut-e a wai'/er of his or her right to an administrative hearing and adjl:1dieatioR of the Retiee and
order, or any portion thereof.
(Ord. No. 90 55, ~ 17(G), 5 1 90; Ord. }h 95 211, ~ 1, g 15 95)
SECTION 37. Chapter 9, Article III, Section 9-94, of the Federal Way City Code is hereby
repealed as follows:
9 94 :~1etioa after heariag.
Upon eompletion of the heariHg, the hearing examiner shall:
(1) }..ffirm the city clerk's decision; or
(2) Reverse or modify the city clerk's decision.
(Ord. No. 90 55, ~ 17(1),5 1 90; Ord. No. 95 211, ~ 1,8 15 95)
SECTION 38. Chapter 9, Article III, Section 9-95, of the Federal Way City Code is hereby
repealed as follows:
9 95 :'Appeal from heariag examiaer.
f.n appeal from a decision of the heariHg examiner shall be to the county superior eeurt 8:Hd shall be
served and filed within 30 days of the deeision of the hearing examiner. In the e'/eRt the applicant or
license holder does not follo'N the 13rocedures within the time periods set f-orth in this dhisioo., the action
of the hearing examiner shall be fin.al.
(Ord. No. 90 55, ~ 17(J), 5 1 90; Ord. No. 95 211, ~ 1, g 15 95)
SECTION 39. Chapter 9, Article III, Section 9-96, of the Federal Way City Code is hereby
repealed as follows:
9 9(; Stay duriag appeal.
The decision of the clerk to sl:lspefld, re';olc-e or refl:lse to reflew a license under this artiele shall be
stayed during administrati';e and jad-ieial review, but refusal te issl:le an initiallieense shall Ret be stayed.
(Ord. Ne. 95 211, ~ 1, g 15 95)
SECTION 40. Chapter 9, Article III, Section 9-107, of the Federal Way City Code shall be
amended to read as follows:
9-107 License for managers, entertainers required- Fee.
No person shall work as a manager, assistant manager, or entertainer at an adult entertainment
establishment without having first obtained a manager's or an entertainer's license from the city clerk
pursuaRt te FWCC 2.JlQ(b) and .2..J.ll. The annual fee for such a license shall be $50.00.
(Ord. No. 90-55, S 4, 5-1-90; Ord. No. 95-241, S 1,8-15-95)
SECTION 41. Chapter 9, Article III, Section 9-110, of the Federal Way City Code shall be
amended to read as follows:
9-110 Adult entertainment establishment license Lieease applications.
(a) f..dult entertainment establishment license.
(1) Required information. All applications for an adult entertainment establishment license shall be
submitted to the clerk pursuant to FWCC 9-30 in the name of the person or entity proposing to conduct
the adult entertainment establishment on the business premises aRd shall be signed by sueh 13erson or his
or her agent and notarized or certified as true under penalty of perjury. All applications shall be s\:lbmitted
on a form supplied by the city, '.vhich shall require include the following information and documents:
{a}. The name of the applicant, location and doing-business-as name of the proposed adult
entertainment establishment, including a legal description of the property, street address, and telephone
number, together with the name and address of each owner and lessee ofthe property.
{b} For the applicant and for each applicant control person, the pro'.ride: names, any aliases or
previous names, driver's license number, if any, social security number if any, and business, mailing, and
residential address, and business telephone number.
{c} If type of business organization the applicant is, such as a partnership, whether general or
limited. or a corporation; and~ if a corporation, the date and place of incorporation, evidence that it is in
good standing under the laws of Washington, and name and address of any registered agent for service of
process.
(d} For the applicant and each applicant control person, list any other current or prior licenses
currently held for similar adult entertainment or sexually oriented businesses, including motion picture
theaters and panorams, whether from the city or another city, county, state~, and if so, the names and
addresses of each other such licensed business; and whether any business license or adult entertainment
license has been revoked or suspended, and the reason therefor.
e. For the applicant and eaeh applicant contrel persoH, list prior lieenses held for similar adult
entertainment or other sexually oriented bl:lsinesses, '.vhether from the city er from another city, eounty, or
state, providiRg names, addresses and dates of operation for sueh businesses, and whether any business
license or adult entertainment license has been. revoked or suspended, and the reason theref-of.
Wf; For the applicant and all applicant control persons, any and all criminal convictions or
forfeitures within five years immediately preceding the date ofthe application, other than parking
offenses or minor traffic infractions including the dates of conviction, nature of the crime, name and
location of court~ and disposition.
ill%-- For the applicant and all applicant control persons, a description of business, occupation~ or
employment history for the three years immediately preceding the date of the application.
(g}lr. Authorization Written authorization for the city, its agents and employees to seek obtain any
information needed to confirm any statements or information set forth in the application.
ili}i-: Two two-inch by two-inch photographs of the applicant and applicant control persons, taken
within six months of the date of application showing only the full face.
.(ilt; For the applicant or each applicant control person, a complete set of fingerprints prepared at
the King County department of public safety or on forms prescribed by the department.
ill*=' Building plans and a A scale drawing or diagram showing the configuration of the premises
for the proposed adult entertainment establishment, including a statement of the total floor space occupied
by the business, and marked dimensions of the interior of the premises-,-. PerformaHce performance areas,
seating areas, manager's office and stations, restrooms and service areas shall be elearly marked on the
dra'.ving. "^..n app1ieation for a lieense for an adllit entertainment establishment shall include building plans
\vhieh demonstrate eonformance with this article.
illh The applieation must demonstrate Documentation demonstrating compliance with the
provisions of the city's zoning code concerning allowable locations for adult entertainment
establishments.
(2) The clerk shall attempt to notify the applicant within five working days of a submittal of an
application if application is incomplete. .tJl applicatioR shall be deemed eomplet-e upen the awlicant's
provision of all information requested above, including identificatioR ef "none" where that is the correct
response, aRd the applicant's 'o'erifieation that the application is eemplete. The clerk may reql:lest other
information or clarification in addition te that provided in a complete application Yo'here neeessary to
determine compliance with this chapter.
(3) f.. nonrefundable application f-ee HR:1st be paid at the time of filing an applicatioR iH order to defray the
costs of processing the applieation.
(4) Each applicant shall ';erify, under penalty of petjury that the inforrnatioR eontained in the ap13lieation
is true.
(5) If any person or entity acql:lires, subsequent te the issuance ef an a<:il:llt entertainment establislm.'lent
lieense, a significant interest based on responsibility for managemen.t or operation of the lieensed
prefJ.'lises or the licensed busiFless, notice of sueh acquisitioR shall be pre'lided iR writing te the city elerk,
no later than 21 days following such acquisition. The notice to the clerk shall include the same
information required for an initial adult entertainment establishment lieense applieation.
(6) The adult entertainment establislHE:ent license, if granted, shall state OR its face the name ef the person
or persons to whom it is issued, the expiration date, the doing business as name and the address efthe
lieensed establishment. The lieense shall be posted in a conspicuous plaee at or near the eR-tr8:Hee te the
adult entertainment establishment so that it can be easily read at any time the business is open.
. nt establisrnnent license p\:lrsuant to this chapter shall operate
(7) No person granted an adult eRtertalIli,?e h l' nor shall any person operate the
the establishment under a name not specIfied on t ~ ICense,
. t .tied en the heense. . r ti nd
establishment at any 10oa1:1on no spec.I. d fee the clerk shall provide e0131es to the p~ ICe, re a
(8) Upon receipt ofthe eomplete apphcatIOn ~n. '. f d re'9:em to determine complIance of the
~ th f ffines1:1ga Ion an 'TO
eommunity developmen.t departmen:ts or ~~" ' 1 "'S and re ulations which each department. .
proposed adult entertainment estaehs~~nt TO I~h ~he :th date of such applicatioR, inspeet the ap13hea1:1?H
admiRisters. Eaeh department s~~l, Yllthln ;5to ~~: ~lerl: whether such applieatioR and premises eemphes
aHd premises and shall make a ,.'fItten repo N l' may be issued unless each department reports
.. d a eh de~artment 0 lCense . . t '€It
mith the laws admInIStere yea .'h 1 n t lams In the event the premIses IS no) .
TO . ~lY"'ltht ere e,an TO. h. 'e'"
that the application and premISes eom TO. ndation as to premises compli~ce on t elr re ,1. TO
eonstrueted, the depa~en:ts shall ba~e t~etr r:~o:lt entertainmeHt establishment hcense appr~Yed
of the drawings submitted Hi t~e applIcatIOn. ~ ~ ) d't' th t the premises may be open f-or busmess.
prior to the premises eonstrl:l~tl(m shall eontalIl ~:d :~~e i~ substantial eonformance wi!h the dra~vIn~s
until the premises have been Hispeeted and dete II d denial ef a license under thIS subsectIOn If
. . ^ d aftmeffi sha recommen . h . ts
submitted ',vith the appheatIen. " ~ ep. . lffient is not in conformanee With t e req~remen
it finds that the propesed adult entertaHimen~ estabhsh d f on for denial shall eite the speeIfie reason
of this chapter or other law in effect in the CIty.}.. recommen a I
theref-or, iB:eluding applicable la:vs. . shall be issued by the elerk within 30 days of the .date of
(9) f~ adult entertainment estabhs.hment hcense he clerk detemHIl.eS that the applieant has falle~ to
filing a complete license applieatI~Il. and fee, unles~. ~de an ' information; required \:lflder this subse~tlO~ or
meet any of the requirements of this C?apt~ or ~:o fr~udul~nt statement ef materia~ fa~t on the ~plI~a:tIOn
that the applicant has made a fal~e, FFHslead~ng~ "'ithin fine working days ef awheatIOn sub~ttal .If
for a lioense. The elerk shall notIfy the apphcantl:, l' 'uest fer a reasenable extension of1:1me 1Il
applieation is incomplete, an~ shall ~ant an app lCanle:er~~ense applieatioo.. If the clerk finds t~t the
mhich to pro'lide all iHfermatIeH requlfed f~ a compr.' e of an adult entertaiHment estabhshment
TO . , f th reE:):mrements er ISsuanc ~
applicant has faIled te meet an) 0 .e. '.." nd shall eite the specifie reasons there or, .
lieeHse, the clerk shall deny the apphe~on I~ ,:TIting a:n ,the lieense ';vithin 30 days of the date of fihng
iHeladiHg applicable law. Ifthe elerk falls t~ Issue~\l b ~ ermitted subject to all other applicable la'N, to
of all. eemplete application and fee, the ap13heant s ~ €It ~ tifiea~ion by the clerk that the lieeHse has
- . h h r mas seHg t un I no dd'f 1
operate the business for y;hlC t e leense TO d h l' cation re'/ieYI time for more than aR a I leIl.a
b d' d but in no enent may the eJerk exten t 0 app I
een enlC , ,
20 days. . r e .
(b) f~pplication for manager or entertaHier le~S . er assistant manager or en:tertaInmeRt at an
(1) Required information. No perso~ shall 'Nor ~.al~ a ~~:i~~ent manager or entertainer lieeIl.se from the
adult entertainment establishment WIthout an a .u ~l~ shall be signed by the applicant and
. , f effieftamer s lCense . ~
city. All applicatIOHs for a manager so, f 'ill ' "^Jl applications shall ee submItted on a orm
notarized or eertified to be true under.pe~alt) 0 pel] 1'). m'n inf-ormation: .
supplied by the city, whieh shall reqUIre Includelth~ fol~o~~~er date and place of birth, fingerpnnts
a The applicant's name, home address, home te ~l ~n 'ty nu:nber and any stage names or niolmames
t~k-en by the Federal Way police department, Soma ocurl ,
used in entertaining. . h' h th licant intends to '.York.
b Tho name a:nd address of each bUSIness a~ w 10 e ap~ 18 'oars Any two of the f-ollov;ing shall be
. Documentation that the applieant has attaIned the ago 0 ) .
:;'e"l'led lIB deetiffiCfttatien ~f age: . db. ",. _ beariBg Ifte "I'~lie""". ~helegFlljlfi nH<I date of
1. "^.. metor vehicle operator s heeRse Issue ) J
bH=th:- l' , h t gFaph and date of birth;
, . d . dentification card bearing the app lcant s p 0 0
2 ^ state Issue I f ^ .
3 . "^~n official passport issued by the United States 0 i ..~en~a.. r
. "^~. . ation oard issued by the United States 0 ".merIca, 0
~: :^::)~~:;riclentification that the city determines to be acceptable.
d. f.. complete statement of all eonvictions of the applicant for any misdemeanor ar felony ';io1ations in
this or any other city, coURty, or state within five years immediately preeeding the date ofthe applicatien,
except parking 'liolations or minor traffie infractions.
e. "^.. descriptioo. of the applieant's principal aeti'lfties or services te be rendered.
f. T'.vo two inch by two inch phetegraphs of an applieant, takeR withiH six moIlths of the date of
application shewing only the full face.
g. "^~uthorizatien for the city, its agents and employees to iH'/estigate aRd confirm any statements set farth
in the applieation.
(2) The clerk may request additional informatioR or clarification '.vhen. Recessary to determine com13liance
',.".ith this chapter.
(3) /\.. manager's or an entertainer's lieCHse shall be issued by the elerk withiH 11 days from the date the
complete application and f-ee are reeei'/ed l:lHless the clerk determines that the applicant has failed to
provide any informatioR required to be sl:l13plied aceordiRg to this ehapter, has made any false, misleading
or Fraudulent statement of material faet in the application, or has failed te meet any of the requirements
for issuance ef a license under this chapter. If the elerk determines that the applieant has failed ta qualify
for the lieen.se applied fer, the eJerk shall aefJ:Y the applieatioo. in writing aHd shall cite the speeifie reasons
there fer, iHcluding applicable la'.vs.
(4) E'lery adult CHtertainer shall pre'.'iae ms or her lieense to the adult CHtertai1lffieRt establishfRent
manager on dl:l-ty en the premises 13rier to his or her performanee. The manager shall retaiR the licenses ef
the aoolt entertainers readily available for iRspeetion by the eity at any time dMriHg b1:lsiRess he\:H"s ef the
adult entertainment establishment.
(e) Temporary en.tertainer or manager license. ..'\n applicant for aR adult entertaiRer's licen.se er manager's
liceHse shall be issued a temporary license l:lpon receipt ef a complete lieense application and fee. Said
temporary license will automatically e1l13ire on the fol:lrteeuth day followiRg the filiHg of the eemplete
applieation and fee, unless the elerk has failed to approve or aeRY the lieeHse applieation iR whieh ease
the temporary licen.se shall be ';alid l:lfltil the elerk approves or deRies the applieatien, or l:lRtil the final
determination of any appeal from a denial of the application. In no even.t may the clerk extend the
application reyieYl time f-er more than an additional 20 days.
(Ord. No. 90-55, ~ 7(A), (B)(l) - (3),5-1-90; Ord. No. 92-129, ~ 1,3-17-92; Ord. No. 95-241, ~ 1,8-15-
95; Ord. No. 97-290, ~ 1,3-4-97; Ord. No. 97-298, ~ 1,8-5-97)
SECTION 42. A new section shall be added to Chapter 9, Article III, of the Federal Way City
Code to read as follows:
9-110.3 Manaeer or entertainer license application.
An application for a manager or entertainer license shall include the following information:
(1) The applicant's name, home address, home telephone number, date and place of birth, fingerprints
taken by the Federal Way police department, Social Security number, and any stage names or nicknames
used in entertaining.
(2) The name and address of each business at which the applicant intends to work.
(3) Documentation that the applicant has attained the age of 18 years. Any two of the following shall
be accepted as documentation of age:
(a) A motor vehicle operator's license issued by any state bearing the applicant's photograph and
date of birth:
(b) A state-issued identification card bearing the applicant's photograph and date of birth:
(c) An official passport issued by the United States of America.
(d) An immigration card issued by the United States of America: or
(e) Any other identification that the city determines to be acceptable.
(4) A complete statement of all convictions of the applicant for anv misdemeanor or felonv violations
in this or any other city, county, or state within five years immediatelv preceding the date of the
application, except parking violations or minor traffic infractions.
(5) A description of the applicant's principal activities or services to be rendered.
(6) Two two-inch bv two-inch photographs of an applicant, taken within six months of the date of
application showing only the full face.
(7) Authorization for the city, its agents and emplovees to investigate and confirm any statements set
forth in the application.
SECTION 43. A new section shall be added to Chapter 9, Article III, of the Federal Way City to
read as follows:
9-110.3 Adult entertainment license issuance.
(1) The clerk shall notify city departments ofa complete application for an adult entertainment
establishment license pursuant to FWCC 9-30. Each department notified of the application shall. within
25 davs of the date of the application, inspect the application and premises and make a written report to
the clerk whether such application and premises complies with the laws administered bv such department.
No license mav be issued unless each department reports that the application and premises complv with
the relevant laws. In the event the premise is not vet constructed, the departments shall base their
recommendation as to premises compliance on their review of the drawings submitted in the application.
Anv adult entertainment establishment license approved prior to the premises construction shall contain a
condition that the premises mav not be open for business until the premises have been inspected and
determined to be in substantial conformance with the drawings submitted with the application. A
department shall recommend denial of a license under this subsection if it finds that the proposed adult
entertainment establishment is not in conformance with the requirements of this chapter or other law in
effect in the city. A recommendation for denial shall cite the specific reason therefor, including applicable
laws.
(2) The clerk shall issue a license under this article r chapter 1 within 30 davs of the date of filing a
license application and fee for a adult entertainment establishment license or within 14 davs of the date of
filing a license application and fee for a manager or entertainer license, unless the clerk determines that
the application is incomplete: the applicant has failed to meet any of the requirements of this chapter: the
applicant has failed to provide anv required information: or that the applicant has made a false,
misleading, or fraudulent statement of material fact on the application. If the clerk finds that the applicant
has failed to meet any of the requirements for issuance of the license, the clerk shall denv the application
in writing: and shall cite the specific reasons therefor. including applicable law.
(3) If the clerk fails to find an application for a adult entertainment establishment license incomplete,
issue the license, or denv the license within 30 davs of the date of filing of the application, the applicant
shall be permitted, subiect to any other applicable law, to operate the business for which the license was
sought until notification by the clerk that the license has been denied, but in no event mav the clerk extend
the application review time for more than an additional 20 davs. The adult entertainment establishment
license, if granted, shall state on its face the name of the person or persons to whom it is issued, the
expiration date, the doing-business-as name and the address ofthe licensed establishment.
(4) An applicant for a manager or entertainer license shall be issued a temporary license upon receipt
of a license application and fee. The temporary license automatically expires on the 14th day following
the filing of the application and fee, unless the clerk fails to find the application incomplete, issue the
license, or deny the license: in which case the temporary license shall be valid until the clerk approves or
denies the application. In no event mav the clerk extend the application review time for more than an
additional 20 davs.
SECTION 44. A new section shall be added to Chapter 9, Article m, of the Federal Way City
Code to read as follows:
9-110.7 Displav of entertainer's license.
Every adult entertainer shall provide his or her license to the adult entertainment establishment
manager on duty on the premises prior to his or her performance. The manager shall keep the licenses of
the adult entertainers readilv available for inspection bv the city at anv time during business hours of the
adult entertainment establishment.
SECTION 45. Chapter 9, Article V, Section 9-207, of the Federal Way City Code is hereby
repealed as follows:
9 207 [FWRC 12.15.020]Crimiaal peaalty.
(a) Prohibited aets Gross misdemeaner. RCW 19.60.066, including all future amendments, additioRs er
deletions is adopted by reference.
(b) Eyery pawnbroker or secondhand dealer and e'lei)' elerk, agent or employee of such pav.Mrok-er or
seeOl'idhaRd dealer, who eommits the f-olloy,ring aets is guilty of a misdemeanor, and l:lpeR eonvietion
thereof, shall be punished as provided iR FV1CC 1 13:
(1) Falsifies, ebliterates, destroys or remo'/es from his or her plaee efbusiness sl:leh boek er record;
(2) Refuses te allow a representative of the law enf-orcement al:ltherity f-or the city to iRspeet the same, or
any geeds iR his or her possession, during the ordinary hours ofbl:lsiHess;
(3) Reperts any m.aterial falsely te the la'N enforeement al:lthority for the city;
(4) Fails before dose efbusiHess eR the first day of the week te fl:lrnish the law en.foreement authority fer
the eity with a full, true and correct transcript of the record of all traBsaetions had Gl:lriRg the past business
weele
,
(5) Fails to report forthwith to the la'.v enforcement authority for the eity that possession of any property
which he or she may have good cause to believe has been lost or stolen, tegetRer with the name ef the
o':mer, ifkno....m, and the date 'Nhen received, and the name of the perSOR from whom the same was
received;
(6) Removes or allovt's to be remoyed from his or her place of business except l:l1300. redemption by the
ovmer thereof, any property received withiH five years after receipt thereof has been reported to the la'll
enforcement authority for the city;
(7) Reeei';es any property from any person which he or she has good cause to believe is lost or stolen;
(8) Refuses to return property whieh has been identified as stolen or pa\vned without authorizatioR, to any
person the pavmbroker, a clerk or employee knows to be the rightful OY,'fler, or to charge a fee for the
return of such property to the rightful oYlner;
(9) Violates any pro\ision of article by an act of either omission or eommission.
(Ord. No. 90 57, ~ 15V..), 5 1 90; Ord. No. 03 110, ~ 3,3 18 03)
SECTION 46. Chapter 9, Article V, Section 9-208, of the Federal Way City Code is hereby
repealed as follows:
9 208 Civil peaalty.
In addition to any other penalty prO\rided in this article or by la'.Y, any persoR who '/iolates any
provision of any business license ordinance shall be subject to a civil penalty in an amOl:lHt Rot to exceed
$250.00 per violation, to be directly assessed by the city clerk. The city clerk, in a reasonable manner,
may vary the amount of the penalty assessed to consider the appropriateness of the penalty te the size of
the business of the yiolator; the gravity of the yiolation; the number of past and present violatioHs
cOffifHitted; and the good faith oftfle 'liolator in attempting to achiEwe compliance after Rotificatioo. of the
violation. "'\11 civil penalties assessed will be enforeed and collected in aceordance with the procedures
specified in FWCC 9221 through 9230. (Ord. No. 90 57, ~ l5(B), 5 I 90)
SECTION 47. Chapter 9, Article V, Section 9-221, of the Federal Way City Code is hereby
repealed as follows:
9 221 Notifieatioa of suspeasioa, revoeanoa, deaialor ekil peaalty.
When the city clerk determines that there is cause for denying, suspending or revoking 8:HY lieense
issued pursuant to this article, or assessing a ci'lil penalty, the city elerk shall notify the person holding
such license by personal service or registered or certified mail, return reeeipt requested, of the deeision.
Notice mailed to the address on file shall be deefFled received three days after mailiHg. The netiee shall
specify the grOl.Hlds fer the denial, suspensioo., revocation er penalty assessment. The ci'lil penalty shall
be due and the denial, suspension or reveeation shall become effective 10 days Hom the date the notice is
deli'/ered er deemed reeei';ed unless the person affeeted thereby files a 'llritteR reqtlest with the eity clerk
for a hearing bef{)re the hearing examiner 'llithin such 10 day period.
(Ord. No. 90 57, ~ 4V..), 5 1 90)
SECTION 48. Chapter 9, Article V, Section 9-222, of the Federal Way City Code is hereby
repealed as follows:
9 222 ..~...Rthority of heariag examiner.
The city hearing examiner is desigaated to hear a}3peals by parties aggrie';ed by aetiens of the eity
elerk iH sl:lspending, revoking or denying a lieense or assessing a eivil peHalty PUTSl:lant to this artiele. The
hearing examiner may adopt reasonable rules or regHlations for coodueting its business. Copies of sueh
rules and regHlations shall be deli'/ered to the city clerk Yfho shall make them freely accessible to the
publie. "^..ll deeisions and findings of the hearing examiner shall be ren.dered te the appellant iH '.vriting
'lIith a copy to the city elerk.
(Ord. No. 90 57, ~ 1(B), 5 1 90)
SECTION 49. Chapter 9, Article V, Section 9-223, of the Federal Way City Code is hereby
repealed as follows:
9 223 Notiee of appeal.
.^..fly person falling under the provisions of this article may appeal from any notice ef suspension,
denial or revocatioR or eiyil penalty assessmeRt by filing ',yith the city clerk witffiR 10 days fr-om the date
the notice is delivered or deemed reeeiyed, a written appeal contaiRing:
(1) "^.. heading in the words: "Before the Hearing Examiner f{)r the eity of Federal 'Nay";
(2) A caption reading: '?..Pfleal ef _" gi.ing the names of all appellants participatiRg in the aPfleal;
(3) "'\ brief statement setting forth the legal interest of each of the appellants participating in the
appeal;
(1) "^.. brief statement in coneise language of the speeific order er action pretested, together with any
material facts claimed to support the contentions of the appellant;
(5) A brief statement in eoncise l8:Hguage of the relief sought, and the reaSOHS why it is claimed the
protested order or action should be reversed, modified, or othenvise set aside;
(6) The signatures of all parties named as appellants, 8:Hd their offieial mailing addresses; and
(7) The verification, by declal'ation under penalty ef petjury, of at least one appellant as to the trl:lth of
the matters stated in the appeal.
(Ord. No. 90 57, ~ 1(e), 5 1 90)
SECTION 50. Chapter 9, Article V, Section 9-224, of the Federal Way City Code is hereby
repealed as follows:
9 224 Date, time, plaee far heariag.
"^1S soon as practicable after reeeiTling the Tl,Titten appeal, the hearing examiner shall fix a date, time
and place for the hearing ofthe appeal. Such date shall be not less than 10 days nor more than 60 days
from the date the appeal was filed with the city clerk. Written notice of the time aRd plaoe of the hearing
shall be given at least 10 days prior to the date of the hearing to each appellant By the hearing examiner's
offiee either by eausing a eap)' of such notice to be deli'lered to the appellant personally or by mailiHg a
copy thereof, postage prepaid, addressed to the appellant at the address sheT,V11 on the appeal.
(Ord. No. 90 57, ~ 1(D), 5 1 90)
SECTION 51. Chapter 9, Article V, Section 9-225, of the Federal Way City Code is hereby
repealed as follows:
9 225 Rights of appeUaat.
"'\t the hearing the appellant shall be entitled to appear iR persen and be represeRted by ee\:lllsel and
offer such evidence pertinent and material to the action of the eity elerk.
(Ord. No. 90 57, ~ 1(E), 5 1 90)
SECTION 52. Chapter 9, Article V, Section 9-226, of the Federal Way City Code is hereby
repealed as follows:
9 226 Seope of matters eoasidered ia appeal.
Only those matters or issues speeifically raised by the appellant in the written. Rotice of appeal shall
be censidered in the hearing of the appeal.
(Ord. No. 90 57, ~ 1(F), 5 1 90)
SECTION 53. Chapter 9, Article V, Section 9-227, of the Federal Way City Code is hereby
repealed as follows:
9 227 Waiver of right to appeal.
Failure of any person to file an appeal in accordance witll the pro',isions oftftis divisien shall
oonstitl:lte a TNaiver of his or her right to an administrative hearing and adjudieation of the notice and
order, or any portion thereof.
(Ord. No. 90 57, ~ 1(G), 5 1 90)
SECTION 54. Chapter 9, Article V, Section 9-228, of the Federal Way City Code is hereby
repealed as follows:
9 228 Stay of eaforeemeRt.
Enforcemen.t of any notiee and order of the city elerk shall be stayed dl:lring the pendency ef an
appeal therefrom y/hieh is properly and timely filed. (
Ord. No. 90 57, ~ 1(H), 5 1 90)
SECTION 55. Chapter 9, Article V, Section 9-229, of the Federal Way City Code is hereby
repealed as follows:
9 229 :\etioa after heariag.
Upon eompletion of the heariHg, the heariHg examiner shall:
(1) "\eeept the recommendatien as presented;
(2) Deny the recommended actien; or
(3) Modify the recommended aetion. (Ord. No. 90 57, ~ 1(1),5 1 90)
SECTION 56. Chapter 9, Article V, Section 9-230, of the Federal Way City Code is hereby
repealed as follows:
9 230 "'\ppeal from heariag examiaer.
"^.n appeal from a deeision of the hearing examiner shall be to the eounty sl:lperior eourt and shall be
served and filed within 30 days efthe decision efthe hearing examiner. In the e'lent the applicant or
lieense helEler does not follo'N the procedures withiH the time periods set f-orth in this division, the action
of the hearing examiRer shall be fInal.
(Ord. We. 90 57, ~ 1(J), 5 1 90)
SECTION 57. Chapter 9, Article V, Section 9-242, of the Federal Way City Code shall be
amended to read as follows:
9-242 Application.
W All applications for issuance or renewal of a pawnbroker's or secondhand dealer's license shall be
filed with the eity clerk on f-offRS furnished for s1:leh l31:lrf>ese, aRd shall be aeeem13anied by the reql:lired
f-ee.(b) The aflplication shall state the true name of the applicant, who shall be not less than 18 years of
age, the names, addresses and telephone numbers of all persons having financial, proprietary or other
interest in such pawnshop or secondhand shop, and a list of any criminal convictions for such persons
during the past 10 years, together with sueR ether information as the city elerk deems appropriate.
(Ord. No. 90-57, S 3(A), 5-1-90)
SECTION 58. Chapter 9, Article V, Section 9-244, of the Federal Way City Code is hereby
repealed as follows:
9 2<14 CroHads far deaial.
The city clerk shall deny the applicant the lieeRse if:
(1) "^..s a result of the iR'<<estigation, the eharacter and business responsibility of the applieant are found to
be unsatisfaetory;
(2) The applieant: has committed any act consistiHg of fraud or misrepresentation;
(3) The applicant: has cormnitted any act ',yhich, if eommitted by a lieen.see, we\:tld be grel:lRds fer
suspension or revecation of a license;
(1) The ~applicant has, within the pre-vious 10 years, beeR een';icted ef a misdemeanor er felofl:Y
direetly relating to the occmpation of pawnbrok-er or secondhand dealer, ineluding, but not limited to,
those misdemeanors and f-elonies iR'/olving theft, possession of stolen property, moral turpitude, fr8:\:ld er
misrepresentation;
(5) The applieant has been refused a license under the provisions of this article; provided, ho'.yever, that
any applicant denied a license under the pro'/isions of this article may reaflply if aRd when the reasons f-or
denial no longer exist; or
(6) The applicant has made any false or misleading statement in the application.
(Ord. Ne. 90 57, ~ 3(C), 5 1 90)
SECTION 59. Chapter 9, Article V, Section 9-245 of the Federal Way City Code is hereby
repealed as follows:
9 245 Fees.
The annual fee for a pawnbroker's license or a secondhand dealer's license shall be eIl. file in the eity
olerk's office. (Ord. Ne. 90 57, ~ 5et..), 5 1 90)
SECTION 60. Chapter 9, Article V, Section 9-249, of the Federal Way City Code is hereby
repealed as follows:
9 2<19 CroRads far revoeatioB.
Lioenses issued pursuant to this diyision ma-y be revoked by the city clerk after Retice and hearing fer 8:HY
of the following C8:\:lses:
(1) Fral:ld, misrepresentatioo. er false statement contained in the aflplicatioo. fer liceRse;
(2) Fraud, misrepresentatioo. or false statement made in the eeurse of carrying OR the business as
pay,'i'l-broker or secondhand dealer;
(3) "^1 '/iolation of this artiele; or
(1) Con'liction after submission of the applieation for a pav.'frbrok-er' s or seceadhand dealer's licen.se of a
felony or misdemeaflor directly relating to the ocol:lpation of pawnbroker or seceIl.dhand dealer, inch::ldiRg,
but not limited to, those misaemeanors and felonies iR-vol'/ing theft, possession of stelen property, moral
turpitude, fraud or misrepreseRtation. (Ord. No. 90 57, ~ 3(D), 5 1 90)
SECTION 61. Chapter 9, Article VI, Section 9-293, of the Federal Way City Code is hereby
repealed as follows:
9 293 Violatioa Peaalt)'.
"^..ny person 'liolating or failing te comply '.'lith any of the provisions of this artiele is guilty of a
misdemeanor and upon cOR'liction thereof shall be punished by a fine in any sum Rot to exceed $250.00
or by imprisonment for a peried not to exceed 90 days.
(Ord. Ne. 90 28, ~ 1(6.21.310),2 13 90)
SECTION 62. Chapter 9, Article VI, Section 9-294, of the Federal Way City Code is hereby
repealed as follows:
9 29<1 Civil peaalty.
In addition to or as afl altemati'/e to any other penalty provided in this article or by law any person
who 'liolates any provision of this artiele shall be subject to a eivil penalty iR an ameunt not te exceed
$250.00 per violation te be directly assessed l:ly the lieensiRg authority. The licensing al:lthority, iH a
reasonable manner, may vary the amount of the penalty assessed to consider the appropriateness of the
penalty to the size of the business of the violator; the gravity of the violatioa; the lH:lHl.ber of past and
present violations committed and the good faith of the '/iolator in attemptiRg to achieve compliance after
notification of the 'liolation. }dl ei'lil penalties assessed will be enforced aFld eeUeeted iH accordance with
the proeedl:lf6 specified under this artiele.
(Ord. No. 90 28, ~ 1(6.21.320),2 13 90)
SECTION 63. Chapter 9, Article VI, Section 9-295, of the Federal Way City Code is hereby
repealed as follows:
9 295 f1dditioaal eaf-areemeBt.
Notwithstanding the existence or use of any other remedy, the licensing authority may seek legal or
equitable relief to enjoi-n any acts or praetices 'l/hieh constitute or will constitute a violation of this article.
(Ord. No. 90 28, ~ 1(6.21.330),2 13 90)
SECTION 64. Chapter 9, Article VI, Section 9-307, of the Federal Way City Code shall be
amended to read as follows:
9-307 Application.
An application for a license under the provisions of this division shall be in the form prescribed by the
licensing authority and shall include the following:
(1) Full name aRd business address of the applicant;
(2) Name under which the applieant iRten.ds to do busi-ness;
(3) "^.. statemeRt as to the general Rature of the business in Y/hich the applieant intends to engage;
t41 Whether or not a firearm is to be used in connection with the applicant's duties as a licensee;
(~~) A statement as to the classification under which the applicant desires to be qualified;
(6.1) The full name and residence address of each of its officers, partners, and directors, if the
applicant is an entity other than an individual;
(~) Three recent photographs of the applicant, of a type to be prescribed by the licensing authority;
(&~) A classifiable set of fingerprints;
(9Q) A statement of experience qualifications;
(WI) Employment history for five years preceding the date of the application; and
(-l-l-~) A list of arrests, convictions or confinements-;--and
(12) "^..ny other inf-ormation, evideRee, statements, or documents as may be required by the lieensing
authority.
(Ord. No. 90-28, S 1(6.24.040(A)), 2-13-90)
SECTION 65. Chapter 9, Article VI, Section 9-312, of the Federal Way City Code is hereby
repealed as follows:
9 312 Fees.
Fees for licenses under the pro'/isioRs of this division are on file i-n the city elerk's office. (Ord. No. 90
28, ~ 1 (6.21.080), 2 13 90)
SECTION 66. Chapter 9, Article VI, Section 9-313, of the Federal Way City Code is hereby
repealed as follows:
9313 CroRads far deaial.
The lieeRsing authority may deny a license if the applicant, if an indi'/idual, has, or if the applicant is a
person other than an individual, that any of its officers, direetors, or partners have:
(1) Committed any act constituting fraud;
(2) Committed any act, which, if committed by a licensee, \vould be a groMfld f-or the suspoosion or
re'location of a license under the pro'/isions of this article;
(3) Committed any act resultiHg in c0frvietion of a felony or a erime involving moral turpitl:lde;
(1) f.. record, based upon reliable evidenee, which leads to the reasonable ceIl.elusion that the applieant is
not competent to perform the duties and fulfill the responsibilities of a licensee under the pnrlisions of
this article;
(5) Been refused a license under the provisions of this article or had a lie ease reyoked; provided,
ho'.ve'/er, that any applicant denied a lieense uRder the pro'/isions of this artiele may reapply after six
months if the basis f-or such denial no longer exists;
(6) Been an officer, director or partner who knoy;ingly partieipated or aeqmesced in the aets or conduct of
any person, as defined by this article, for which that person was refused a license, or whose license was
reyoked under the provisions of this di'/isien;
(7) 'Nhile unlieensed, colllDlitted or aided afld abetted the commission of any aet for which a liceIl.se is
required under the provisions of this artiele;
(8) Failed to successfully complete the fIrearms test specified iR FWCC 2.Jl2;
(9) Made any false statemeIl.ts in the application; or
(10) Failed to comply with the requirements ofFV/CC ~ and.2...J2]. (Ord. Ne. 90 28, ~ 1(6.21.090),
2 13 90)
SECTION 67. Chapter 9, Article VI, Section 9-317, of the Federal Way City Code shall be
amended to read as follows:
9-317 Suspension, denial for failure to file bond, insurance.
fat Every licensee under this division shall at all times maintain on file with the director the surety bond
and insurance required by this division in full force and effect and upon failure to do so, the license of
such licensee shall be suspended and shall not be reinstated until this requirement is met.
(b) The licensing authority shall deny the application f-or a lieense if the a13plicant fails te satisfy the
surety bond or insurance requirements.
(c) The licoosing authority may refuse to reinst&te a licoose notv;ithstanding the lieensee's compliaHee
with this section, if, during the suspension, the lieensing authority fmds:
(1) .^..ny reason which vlOuldjustify refusal to issl:le erjustifies a suspension or revecation of a 1iceRse; or
(2) Perfermance by an applieant of any practice, while under suspension for faill:lfe to keep his or her
surety bond or insurance in force, for which a license under the provisions of this division is reql:lired.
(Ord. No. 90 28, ~ 1(6.21.210),2 13 90)
SECTION 68. Chapter 9, Article VI, Section 9-319, of the Federal Way City Code is hereby
repealed as follows:
9 319 Traasferability.
"^.. license issued under the prO'.isions of this di',isioR shall apply to a single locatiefl only and shaH not be
transferable to other locations or to any other person other than that desigHated on the license; provided,
however, that, in the event of death of the individual, 13artner or offIcer who satisfied the requirements of
F'.VCC2-1Q_~(a), the surviving spouse, partner or offIcer may operate under the existing license f-or a
period not t-o exceed 90 days; further provided, howe'/er, that, at the end of this 90 day peried, the
surviving spouse, partner or offIcer shall satisfy the requiremeH-ts of FWCC ~(a). (Ord. No. 90 28, ~
1(6.24.110),2 13 90)
SECTION 69. Chapter 9, Article VI, Section 9-321, of the Federal Way City Code shall be
amended to read as follows:
9-321 Unfair or deceptive acts Revoeatioa or sRspeasioa CroRads.
(a) The licensing authority may suspeIl.d or revok-e a license issued under the pr-ovisions of this divisioR if
it is determined that the licensee, if an individual, has, er if the licensee is a perseR ether than an
individual, that any of its officers, directors, or partRers haye:
(1) Made any false statement or gi'/en any false infermation in conneetion with an applieation for a
lieense or a rooewal or reinstatement of a license;
(2) Violated any of the provisions ofthis article;
(3) Been eonvicted of a felony or any crime involving moral turpitude;
(1) Illegally used, carried or possessed a daRgerous 'lIeapon;
(5) Violated any rule of the licensing autherity adopted pursuant to his or her authority contained in this
article;
(6) Committed Clr permitted any employee to commit any aet, while the lieeRse '.vas expired, 'lIhich Ylould
be cause for the sl:lspension or re'location of a license, or grounds f-or the dooial of aR apfllieatiClR for a
license;
(7) Knov.ingly '/ielated, or advised, encouraged or assisted the ';iolatioo. ef, aRy eel:lft erder or injunction
in the eel:lfse of business as a licensee;
(8) }..eted as a runner or eapper fer any attorney; or
(9) Committed any act whieh is a gro\:lfld fer denial of an application for lieense under the provisions of
this division.
(b) The lieeRsmg authority may suspend or revok-e a lieense issued under the pro\'isiens ef this division if
it is determiRed that the liceasee, if an individl:lal, has, er if the licensee is a 13erseR ether than an
individual, that any of its officers, directors or partRers ha'/e lmewiIl.gly empleyed, er kRewiIl.gly has in
their employment any person who:
(1) Has committed any act, which, if eommitted by a licensee, would be grounds for suspension or
re'locatioR ef a license under the pro'lisions of this article;
(2) Has been con'licted of a f-elony or any erime involving moral turpitude;
(3) Has a recerd, based upon reliable evidence, whieh leads te the reaseRable eeRell:lsioo. that the applicant
is not eompetCHt to perform the OOties and fulfill the respensibilities of a registrant l:ffider the provisions of
this artiele;
(1) Does not possess a valid registration card issued under the provisions of FWCC .2.J.JQ et seq.
(c) The licensing authority may suspend or revok-e a license issued under the proyisions of this division if
he or she determines that the The licensee, if an indi'lidual, has, or any of the officers, directors, partners,
or employees if of the licensee is a person other than an individual, have committed or used shall not
commit or use any unfair or deceptive acts or practices in the course ofthe licensee's business. Examples
of such acts and practices are:
(1) Engaging in retail installment transactions with members of the public in the state without complying
with all applicable provisions of Chapter 63.14 RCW on retail installment sales;
(2) Using a name different from that under which the applicant is currently licensed on any advertisement,
solicitation, or contract for business;
(3) Knowingly making a false report to an employer or client for whom the information was being
obtained;
(4) Wilfully failing or refusing to render a client services or a report as agreed between the parties and for
which compensation has been paid or tendered in accordance with the agreement of the parties, if
required by law;
(5) Making any false, deceptive or misleading representations to members of the public concerning the
qualifications of employees and agents of the licensee, the nature or extent of the services provided by the
licensee, or the cost to members of the public of services by the licensee;
(6) Manufacturing evidence;
(7) Knowingly making a false statement relating to evidence or information obtained in the course of
employment, or knowingly publishing slander or libel in the course of business; or
(8) Accepting employment adverse to a client or former client relating to a matter with respect to which
the licensee has obtained confidential information by reason of or in the course of employment by such
client or former client.
(Ord. No. 90-28, ~ 1(6.24.100(A) - (C)), 2-13-90)
SECTION 70. Chapter 9, Article VI, Section 9-322, of the Federal Way City Code is hereby
repealed as follows:
9 322 Revoeatioa OF sRspeasioa Effeeuye date.
(a) Suspension or reveeation of a license issued uRder the provisions oftms mvisieR shall talce effect only
after the eX13i-ration of the period in which an appeal thereof may be filed.
(b) In eases of suspension, the lieense or registration shall be reinstated l:lpon eomplianee \vith the ',iolated
pro'/isioR ef this article or until the period of suspensioo. fixed by the lieensing authority has expired.
(c) In cases ef revocation, the license or registration shall be caneelled; provided, however, sl:1eh
revoeation for vielation of any of the provisioRs of this article shall not relie'le the lieeRsee 0f' registrant of
the penalties otherwise provided f-or in this artiele.
(Ord. No. 90 28, ~ 1(6.21.100(D), (E)), 2 13 90)
SECTION 71. Chapter 9, Article VI, Section 9-341, of the Federal Way City Code is hereby
repealed as follows:
9 3<11 Deaial, sRspeasioa or revoeatioR.
The licensing autherity may refuse to register aR)' employee or may suspend er rev0k-e a pre'liel:ls
registration, if the ffid-ividual has committed any act which, if committed by a lieeRsee, we\:lld be a ground
for refusing to issue a license, or for the sl:1speRsion or re';oeation of a license under the pr0visioRs of this
article.
(Ord. Ne. 90 28, ~ 1(6.21.260),2 13 90)
SECTION 72. Chapter 9, Article VI, Section 9-343, of the Federal Way City Code is hereby
repealed as follows:
9 343 Fee.
The registration fee for employees ef a licensee is on file in the city clerk's office. (Ord. No. 90 28, ~
1(6.21.290),2 13 90)
SECTION 73. Chapter 9, Article VII, Section 9-388, of the Federal Way City Code is hereby
repealed as follows:
9 388 Peaalty far violatioa.
(a) "^..ny person and the offieers, directors, managing agents, or partners of any eorporation, firm,
partnership or other organizatioR or business 'liolating or failing to comply with any of the pro'lisions of
this article shall be guilty of a gross misdemeanor.
(b) In addition to any penalties proyided in this section, an)' condition caused or permitted te eJlist iH
violatioR 0f any of the provisions of this article is a public nuisance and all remedies given by law for the
prevention and abatement of nuisances shall apply thereto. Further, each day that such conditioo. or
violation continues shall be regarded as a nevI and separate effense ami shall be pl:lHished accordingly.
(Ord. Ne. 90 62, ~ 8,6 19 90; Ord. No. 91 110, ~ 8, 11 5 91; Ord. No. 02 129, ~ 15, 11 19 02)
SECTION 74. Chapter 9, Article VII, Section 9-403, of the Federal Way City Code shall be
amended to read as follows:
9-403 Application- Procedure.
(a) Ne temporary business license shall be issued or renewed except l:lpOR writteR applicatioR made to
the city clerk. Sueh applicatioR shall be signed by the person YfRO intends to CElflduct, El13erate or eRgage in
the temporary business fer '.vhich the licen.se is to be issued, and shall state the nature and address or
addresses of the temporary business or bl:lsinesses, or proposed temporary busiHess or bl:lsiIl.eSSes, of the
applicant, An application for a temporary business license shall include the anticipated dates on which the
temporary business or businesses will be conducted, and such other information as may be required by the
city clerk.
(b) If the applicant is a partnership, the applicatioR m\:lst be made and signed by oo.e of the partners. If
the applieant is a cerperation, the aPfllieation must be signed by one ef the effieers thereof. If the
applieant is a foreign eerporation, partnership or nonresident ind-iTlidual, the applieation m'l:lst be signed by
the resident agent or local manager of the corporatieR, partRership or individual.
(e) Upoo. receipt of a eElmpleted applicatien, the ~ eity clerk shall forward eoml31eted &l'll3lications
the same to the city manager f-or re'/iew. The city clerk manager, er his or her designee, shall review the
application for compliance with the criteria and conditions set forth in FWCC 9-406. If all requirements
set forth in FWCC 9-406 are met, the eity manager shall al:ltherize the city clerk te shall issue the license.
If the requirements are not met, the license shall be denied and the city clerk shall notify the applicant.
No person may engage in or conduct a temporary business until a license has been granted.
(d) Neither the filing of an applieation f-or a license, ner the payment Elf any a13plieatioR fee, shall
authorize a person te eflgage in or conooet a temporary business l:lHtil such license has been. granted.
(Ord. No. 90-62, S 3,6-19-90; Ord. No. 91-110, S 3, 11-5-91)
SECTION 75. Chapter 9, Article VII, Section 9-405, of the Federal Way City Code is hereby
repealed as follows:
9 405 Fees.
f.. nonrefundable application fee in the amol:lHt of $25 .OQ shall aceElmpany eaeh ap13lieation. (Ord. No. 90
62, ~ 3(1'..),6 19 90; Ord. No. 91 110, ~ 3, 11 5 91)
SECTION 76. Chapter 9, Article VII, Section 9-407, of the Federal Way City Code is hereby
repealed as follows:
9 <107 Revoeatioa or sRspeasioa.
The eity manager may, at any time, suspend or revoke any license issued under the provisions of this
division whenever the lieensee, or any officer, employee or 13artner thereof:
(1) Has 'liolated any federal, state or city statute, la'll, regulation or erdinance upoo. the business
premises stated iR the license or iR connection with the busiIl.ess stated in the lieense, whether or Rot the
liceRsee, or officer or partner thereof, has been com'ieted in any eourt of eompetent jurisdietion of sl:lch
violatien;
(2) Is er has conducted, engaged in or operated the temporary business stated iR the license l:lpon
premises y;hich de not conform te the ordinances ef the city;
(3) Has maintained or permitted the temporary business stated in the license to be condueted, engaged
in or operated in such a manner as to eonstitute a publie Ruisance; or
(1) Has made any material false statement or representation in conneetion with obtaining the li0ense.
(Ord. No. 90 62, ~ 6,6 19 90; Ord. No. 91 110, ~ 6, 11 5 91)
SECTION 77. Chapter 9, Article VII, Section 9-408, of the Federal Way City Code is hereby
repealed as follows:
9 408 .f..ppeal.
(a) 'Wheneyer the city manager determines that there is cause for suspending, denying or revoking any
lieense issued pursuant to this division, the city clerk shall notify the person holding the lieense by
registered or certified mail, rehlm reeeipt requested, of the determination. Notiee mailed to the address on
the license shall be deemed received three days after mailing. The notiee shall specify the grounds f-or
suspensioo., denial or revoeation.
(b) The licensee may apfJeal the decision of the eity manager to suspend, deITY er re'/ek-e a temporary
business license by filing a written notice of ap13eal to the hearing examiner ',vithiR 10 days of the city
manager's deeisioIl.. Wetwithstanding the filing of an appeal, hev/ever, the li0ensee shall immediately
cease operatiens pending a final determination of the appeal.
(c) Upon timely receipt of the Rotiee of appeal, the hearing examiner shall set a date fer hearing the
appeal. The city elerk shan mail Retice of the date and time ef the hearing to the lieeNsee at least 10 days
prior to the heariRg date.
(d) The hearing shall be de noyo. The hearing examiner may affirm, reverse or modify the eity
manager's decision.
(e) The deeision of the hearing examiner shall be final. "'illy person desiring to appeal m'l::lst file an
appropriate la',ysuit in the county sl:lperior eol:lrt withifl 14 days of the hearing eJ,lH'fliner's deeisioo..
(Ord. No. 90 62, ~ 7,6 19 90; Ord. No. 91 110, ~ 7, 11 5 91)
SECTION 78. Chapter 9, Article VIII, Section 9-422, of the Federal Way City Code is hereby
repealed as follows:
9 <122 Violatioas.
(a) It shall be a misdemeanor to engage in any aetivity, act or conduct iH violation of any of the
provisions of this article, including, Y/ithout limitation, operating or managing a publie dance ':;ithout
ha'/ing first obtained a valid lioense, or rene':lal er operating or managing a pl:lblie Ganee after revocation
or suspension of any Ganee hall license.
(b) .t^...ny activity, aet or conduet contrary to the pro'lisions of this artiele is hereby declared to be
unlawful, and the violatieR itself is an injury to the cOfl'lfl'H:Ulity eenstituting a publie FH:lisanc6.
(Ord. No. 92 132, ~ 1(9.52),1 11 92)
SECTION 79. Chapter 9, Article VIII, Section 9-423, of the Federal Way City Code is hereby
repealed as follows:
9 423 CUHlulative remedies.
Notwithstanding the eJdstence or use of any other refRedy, the city may seek aH-Y remedy a'lailable at
law, in equity or by statute including the right to enjoin aH-Y acts or practiees which constitute a violation
of any of the provisions of this article.
(Ord. No. 92 132, ~ 1(9.53),4 11 92)
SECTION 80. Chapter 9, Article VIII, Section 9-453, of the Federal Way City Code shall be
amended to read as follows:
9-453 Application.
(a) Applications for any license or renewal of any license pursuant to this article rchapterl diyision
shall be submitted in writing on forms provided by the city clerk at least 30 days prior to the first dance or
in the case of renewals, at least 30 days prior to the expiration date of the existing license. Applications
submitted less than 30 days prior to an event may be charged a processing fee in addition to the regular
fee.
(b) In addition to other information requested, application~ fefms shall contain the name and place of
residence of the applicant and the ovmer of the premises Y/here the danee hall is leeated, if the applieant is
a corporation or a partnership, the names and addresses of the officers, directors or partners thereof, the
address and description of the premises to be licensed, including the designated parking area, the time and
date of the dance or dances to be held in the case of a limited license and a general schedule of dances in
the case of all other dance hall licenses, and a deelaration by the applieant or, if the applicaRt is
corporation or a partnership, the officers, direeters, or partners, aRd the applicant's employers, employees
or any other persoR inyohed in the operation of the dance hall a list of any and all criminal convictions or
forfeitures within five years immediately preceding the date of the application. other than parking
offenses or minor traffic infractions including the dates of conviction. nature of the crime. name and
location of court. and disposition for the applicant; any officers. directors. or partners; and all employers.
employees or any other person involved in the operation of the dance hall. and of any eOfl'liction ';lithin
the past five years from the date of applieatien. The applicatieR shall also inell:lde the names of persons
employed as security persons, and together with proof that the requirements for their security training
have been met.
(c) The city clerk must be notified within 10 days of any changes in the information required in this
section.
(Ord. No. 92-132, ~ 1(9.39(A)), 4-14-92)
SECTION 81. Chapter 9, Article VIII, Section 9-457, of the Federal Way City Code is hereby
repealed as follows:
9 457 :\ppeal from deaial.
(a) \Vhen the city clerk declines to grant or rene'N a license l:lflder this division, the city shall notify the
applicant in y,Titing of the same and shall inform the applicant of his or her right to a hearing bef-ore a
hearing examiner designated by the city. The applicant can exercise this right by filing with the eity clerk
a written notice of appeal eontaining a speeific statement of the reasoIl.S for the appeal, within 10 days of
the date of the city notice, and by paying a fee, pursuant to a fee schedule on file with the eity clerk.
(b) If the applicant files a timely notice of appeal, the applicaRt shall be afferded a heariRg before the
hearing examiner at ',yhich time the applieant shall be afforded an epportunity to show that the denial of
the license is arbitrary and capricious. "\fter the hearing, the hearing examiner shall determ.iHe 'Nhether the
applicant has pro'/ided sufficient evidenoe, pursuant to the license criteria set f-orth in FWCC .2....12Q, to
justify issuanoe of the license and shall issue the final findings of fact, conclusions of law and deeision
within 10 days of the date of the hearing.
(0) The applioant may appeal the hearing examiner's decision by seeking, within 10 days of such
decision, a vmt ofre'liew from the county superior court. (Ord. No. 92 132, ~ 1(9.11),1 14 92)
SECTION 82. Chapter 9, Article VIII, Section 9-458, of the Federal Way City Code shall be
amended to read as follows:
9-458 Duration- Renewal.
(a) The entire annual license fee required under this division shall be paid for the applicable calendar year
regardless of when the application for license is made, and shall not be prorated for any part of the year
except that ifthe original application for license is made subsequent to June 30th, the license fee for the
remainder of that year shall be one-half of the annual license fee. Annual license renewals shall be
obtained and paid in full by January 1 st of each calendar year.
(b) If any renewal license application is not filed and! or license fee paid on or before January 31 st of each
calendar year, there shall be assessed and collected by the city clerk an additional late fee pursuant to the
fee schedule on file with the city clerk.
(c) Failure to obtain a license renewal and to pay all required fees on or before January 31 st of each
calendar year shall result in suspension and/or revocation of the license pursuant to FV1CC 2..jg, until
such time as all required license renewal applications have been submitted and all fees have been paid.
(Ord. No. 92-132, S 1(9.37(B) - (D)), 4-
14-92)
SECTION 83. Chapter 9, Article VIII, Section 9-459, of the Federal Way City Code is hereby
repealed as follows:
9 459 Noatraasferable.
i\RY lieeflse iss\:led under the provisieIl. of this division shall apply to a single lieeIl.see and to a siHgle
location only and shall Rot be transferable te ether locations or to ether persons. (Ord. No. 92 132, ~
1(9.50), 1 11 92)
SECTION 84. Chapter 9, Article VIII, Section 9-462, of the Federal Way City Code shall be
amended to read as follows:
9-462 Requirements Revoeatioa or sRspeasioa.
(a) Re'location or suspension of a license shall be detef1'11:i.Red by a committee compesed efthe city
clerk, city attorney and police chief. Notice of sl:lspeHsion or re'locatioR of any license may only oceur
when one or more of the following conditions are found to exist by the committee:
(1) The lieense TNas procured by fraud or false representation of material faet iR the applicatioR or in
any report or record required to be filed;
(~l) The building, structure, equipment or location of the dance hall does not must comply with the
requirements or fails to meet the standards of the applicable health, zoning, building, fire and safety
codes, laws and ordinances of the state, county and the city, or the requirements of this article;
(~2) The applicant or any of the applicant's officers, directors, partners, operators or employees, or
any other person involved in the operation.of the public dance or dance shall '.vith the applicant's aetual or
imputed knowledge, has may not have been convicted within the last five years of:
a. A felony involving a crime of violence, as defined in RCW 9.41.010(2), or any felony under
Chapter 9A.44, 9A.64, 9A.88 or 69.50 RCW;
b. A crime involving prostitution, promoting prostitution, prostitution loitering, lewd conduct or
assault on a juvenile;
(4~) The licensee or his or her employee, agent, partner, employer, director, officer or manager has
may not knowingly allowed or permitted:
a. A felony involving a crime of violence, as defined in RCW 9.41.0 1 0(2), or any felony under
Chapter 9A.44, 9A.64, 9A.88 or 69.50 RCW, to occur in or upon the dance hall premises;
b. A crime involving prostitution, promoting prostitution, prostitution loitering, lewd conduct or
assault on a juvenile to occur in or upon the dance hall premises;
c. Any unlawful act of sexual intercourse, sodomy, oral copulation, indecent exposure or
masturbation to be committed in or upon the dance hall premises;
d. The dance shall premises to be used as a place in which unlawful solicitations for sexual
intercourse, sodomy, oral copulation or masturbation occur;
e. The possession or consumption of liquor by persons under the age of 21 years in or upon dance hall
premIses;
f. The giving or supplying of liquor to any person under the age of 21 years;
g. The use by any person in or upon the dance hall premises of marijuana, cocaine or any other
controlled substance, as defined in RCW 69.50.10l(d), not prescribed by a licensed physician for use by
the person possessing or using the substance;
h. Violation of any provision of this article, or of any other applicable law or ordinance, which the
committee finds constitutes an unreasonable interference with surrounding land uses or is otherwise
unreasonably detrimental to the public welfare;
i. Failure to timely file and pay any admissions tax, business registration, license or other fee owing
the city; or
j. Allowing any person under the influence of intoxicants or drugs onto or to remain on the dance hall
premIses;
(~) Sound from the dance hall is at a V{)hm3.e so as to may not be audible from a distance greater than
50 feet away from the dance hall.
(b) Revoeatien or suspension of a lieense shall occur only after:
(1) The lieensee has beeIl. given notice of the eel'lllHittee's iIl.teHt te revoke er suspeRd the lieense,
',vhieh eetiee shall specifically state the applieable violatioRs of s\:lbseetion (a) of this section, pursuant to
the proeedures set forth in F',VCC 2.j21;
(2) "^~ hearing has occurred, if the lieensee has filed a timely request for a hearing; and
(3) The hearing examiner has issued final findings ef faet, eoeelusions oflavl and a deeision on the
hearing.
If RO request for a hearing is filed by the lieensee the r-evoeation or suspension shall be in full force
and effect upon the end of the period 'l,ithin which the licensee has to request a hearing.
(c) The licensee may appeal the hearing eKaminer's decision to revoke or suspend a lieense, by
seeking, v/ithiR 10 days of the hearing examiner's deeision, a writ of review from the county sl:lperior
eem:h
(Ord. No. 92 132, ~ 1(9.15),1 11 92)
SECTION 85. Chapter 9, Article X, Section 9-601, of the Federal Way City Code is hereby
repealed as follows:
9 601 BRsiaess registratioa.
Unless otherwise specified, the general business registration provisions, contained in tms ehapter, shall
apply to this license section. (Ord. No. 95 230, ~ 1,3 21 95)
SECTION 86. Chapter 9, Article X, Section 9-602, of the Federal Way City Code is hereby
repealed as follows:
9 602 Peaakies.
( a) Criminal penalty. }..ny person '/iolating any of the terms of this article shall be guilty ef a
misdemeanor and upon con',ietion thereof be punished as provided in FWCC ill.
(b) Civil penalty. lR addition to any other penalty previded iH this section or by law, any person who
violates any provision of any business license ordinanee shall be subject to a ci'/il penalty iH an amount
not to exceed $250.00 per '/ielation to be direetly assessed by the city clerk. }Jl ci'/il penalties assessed
will be enforced and colleeted ','lith the proeedure specified under this article.
(Ord. No. 95 230, ~ 1,3 21 95)
SECTION 87. Chapter 9, Article X, Section 9-603, of the Federal Way City Code is hereby
repealed as follows:
9 @] f1dditioaal eaforeemeat.
Notwithstanmng the existenee or use of any other remed-y, the city may seek legal or e(}l:litable relief
to efljoin any aets or praetiees which constitute or will eeRstitute a violatiofl ef aay pro';isioRs efthis
article.
(Ord. No. 95 230, ~ 1,3 21 95)
SECTION 88. Chapter 9, Article X, Section 9-616, of the Federal Way City Code shall be
amended to read as follows:
9-616 License applications.
(a) Public bathhouse business. All applications for a public bathhouse business license or license
renewal shall be submitted in the name of the person or entity proposing to eenduct such publie bathhouse
on the business premises, shall be signed by such persoIl. or his er her legally aathorized agent, and
notarized or certified as true under peRalty of perjury. "^Jl applications shall be submitted on a form
sl:lpplied by the city clerk, which shall require include the following information:
(1) The name, residence address, residence telephone number, date and place of birth, driver's license
number, and social security number of the applicant if the applicant is an individual or tax identification
number if the applicant is a corporation or other entity;
(2) The business name, address and telephone number of the establishment;
(3) The names, addresses, telephone numbers and social security numbers of any partners, corporate
officers, or shareholders who own 10 percent or more of the business or have made any other kind of
contribution to the business of the same or greater size, or other persons who have a substantial interest or
management responsibilities in connection with the business, specifying the interest or management
responsibility of each. For the purpose of this sabsection "substantial interest" shall mean oy;nership of
10 percent or more ef the business, or any other kind of contribution to the business of the SafRe or greater
~
(4) The name of the landlord or property owner of the property on which the business is situated.
(b) Bathhouse manager attendant. All applications for a manager or attendant's license or license
renewal shall by the applieant and notarized or certified to be true under penalty of perjury. All
applications shall be submitted on a f-orm supplied by the city elerk, which shall require, at a miIl.imum,
include the following information:
(1) The applicant's name, residence address, residence telephone number, date and place of birth,
driver's license number, and Social Security number;
(2) A letter, dated no more than 30 days prior to the date of the submission of the application, from
the owner of the business indicating intent to employ the applicant on a specified date;
(3) Written proof that the applicant is 18 years of age or older. Written proof shall mean the
following:
a. A current motor vehicle operator's license by any state bearing the applicant's photograph and
date of birth; or
b. A valid identification card issued by the state of Washington which bears the applicant's
photograph and date of birth; or
c. A current passport;
(4) The mailing address and street address of all places within the city of Federal Way at which the
bathhouse manager or attendant will provide services. The bathhouse manager or attendant shall notify
the city clerk, in writing, of any changes in, or additions to, the location of such services within 14 days of
any such change or addition.
(c) Background checks. All applications submitted pursuant to this chapter will be submitted to a
background check in accordance with the procedures of the Federal Way police department.
(Ord. No. 95-230, S 1,3-21-95)
SECTION 89. Chapter 9, Article X, Section 9-617, of the Federal Way City Code is hereby
repealed as follows:
9 617 Staadards far deaial of applieatioa far lieease.
(a) Publie bathhouse license. The city elerk may deny any public bathhouse lieen.se request if he or she
determines that the applicant has:
(1) Made any material misstatement in the applieation for a license;
(2) Proposed a place efbusiRess or operates a business which fails to eomply with all applicable
requirements of this Code including without limitation the zoning, building, health and fire codes and all
other applicable local, state, or feaerallaws, rules or regl:llatioos;
(3) Had any een'lictions which have a direet eonneetion with the lieensed activity including, but not
limited to, theft, promoting or permitting 13restitutioR, seJmal off-enses, conswner Ha:ud, massage
practitioner, massage manager and/or public bathhouse manager/attendant vielatioo., or obseenity, y;ithin
five years prior to the date of applicatioo.;
(1) Had a bathhouse license deRied, revok-ed or suspended by the eity, or any otherjurisdietieR within one
year prior to the date of sueh applieation.
(b) Bathhouse manager/attendant license. The city elerk may deny any bathhol:lse attendant license
applied for under the provisions of this ehapter iftae eity clerk determines that the applieant has:
(1) Made any material misstatement in the application for a lieense; or
(2) Not complied with the operating requirements set out in FWCC 2Jiil, ~ or any other
requiremeIl.ts ef this chapter; or
(3) Had any eonvictions which have a direct connection with the licensed aetivity including, but not
limited to, theft, prostitution, sexual offense, consumer fraud, massage practitioner, massage manager
and/or bathhouse managerlattendant violatioR, er obscenity, within fi';e years prior to the date of
application; or
(1) Had a bathhouse manager or attendant license denied, reT/oked or suspended by the city or any other
jurisdiction within one year prior to the date of applieation;
(c) Effect of lieense denial. If any applicant has a license denied based upon a conviction classified as a
felony, or any other nonfelony eenvictions, pursuant to this section, a license shall Rot be granted Ylithin
five years from the date of such denial. If any applicant has a license denied for any other reason, a
lieense shall not be granted v/ithin one year from the date of sueh denial. (Ord. Ne. 95 230, ~ 1,3 21 95;
Ord. No. 03 110, ~ 6,3 18 03)
SECTION 90. Chapter 9, Article X, Section 9-618, of the Federal Way City Code is hereby
repealed as follows:
9 (J18 Staadards far sRspeasioa or revoeatioa of lieease.
(a) Public bathhouse lieense. The city olerk may re'loke or suspend a public bathhouse lieeRse ifhe or she
determines that the lioensee has:
(1) Failed to comply with FWCC ~, ~ or any of the other req\:lirements of this chapter; er
(2) Failed to comply with the applicable building, health, fire 8:Hd/or zoning code pro'/isieIl.s or TNith any
other applicable federal, state or local laws, rules or regulations; or
(3) With knoy;ledge, empl(}yed persons who, within a period of the preceding five years, have been
convioted of prostitution or consumer fraud stemming from actiyities eonducted OR the licensed premises,
or TNho ha'le beeR arrested for such offenses and v/hich lead to such con'lictions; or
(1) Had any comictions wh.ieh haye a direct oOIHlection T,yith the licensed aeti\ity incll:ldiHg, but not
limited to, consumer fraud, theft, eontrolled substances, prostitution, permitting or 13romoting prostimtien,
sexual offenses, or obscenity T:lithin 10 years; or
(5) Failed to comply with or done anything which ceRstitutes a basis f-or denying a lioense applieatien.
(b) Notioe of violation. If the city clerk, the building official or his or her ageRt determines dl:lring an
inspeotion that the condition of any publie bathhouse business Reeds correctieIl., a written. Retiee of
violation shall be issued to the supervisor, manager, oT.vner, or person iR charge speeifying such
.iolations. Those same vielatieRs shall be remedied within 18 hours unless a later date is determined by
the oity clerk. Failure to comply with any w'fitteR Retioe ofviolatieIl. to make eerreetions may res\:llt in
suspensioo. or revocation of the public bathhel:lse license. ,
(c) Bathhouse manager/attendant lioense. The city clerk may suspend or revoke any bathhouse maRager
or attendant lieense ifhe or she determines that the liceRsee has:
(1) Failed to comply with any of the operatiHg requirements set terth in FWCC 2....Q.ll and ~ or failed
to eomply Y/ith any of the other requirements of this eha13ter; or
(2) Had any conviotions which have a direot eOIHlection with the 1ieensed aetivity including, 8tH: Rot
limited to, theft, prestitution, eonsumer fraud, obscenity, or sexual offenses; or
(3) Failed to comply with or done anything which constitutes a basis for denying a lieeRse.
(d) Effect of lieense revocation. If any applicant l:lHder this chapter has his or her lieense re'lek-ed, a
licen.se shall not be granted under this chapter for a peried of at least one year from the date of suoh
revocation.
(e) Duration of license suspension. The city clerk may suspend a lieen.se for ne more than six meRth.s.
(Ord. No. 95 230, ~ 1,3 21 95; Ord. No. 03 440, ~ 7, 3 18 03)
SECTION 91. Chapter 9, Article X, Section 9-619, of the Federal Way City Code is hereby
repealed as follows:
9 (J19 Traasfer of lie eases aad ehaage of loeatioa.
No public bathhouse business, manager or attoodant license iss\:led UHder this ehapter shall be transferable
from one person or entity to another person or entity. Upon the sale or transfer of an interest greater than
50 percent in a public bathhouse, a license shall beceme null and void. "^.. neT,v awlication shall be made
by any person desi:ring to operate or maintain the establish:m.ent and shall include a release of iHterest
statement from the pre'/ious licensee and a signed lease or rental agreement for the establishinent. (Ord.
No. 95 230, ~ 1,3 21 95)
SECTION 92. Chapter 9, Article X, Section 9-620, of the Federal Way City Code is hereby
repealed as follows:
9 ti2Q Notifieatioa of sRspeasioa, revoeatioa, deaialor eivil peaalty.
'When the eity determines that there is cause for denying, suspending or reyoking any license issued
pursuant to this article or assessing a civil penalty, the city clerk shall notify the person holding sueh
lieense by personal service or registered or certified mail, return reeeipt requested, of the decision. The
notice shall specify the grounds for the denial, sl:lspension, revocation or penalty assessment. The eivil
penalty shall be due and the denial, suspension or revocation shall become effective 10 days from the date
the notice is delivered or deemed received unless the person affected thereby files a written request with
the city clerk f-or a heariRg before the hearing examiner withiH sueh 10 day period. (Ord. No. 95 230, ~ 1,
3 21 95)
SECTION 93. Chapter 9, Article X, Section 9-621, of the Federal Way City Code is hereby
repealed as follows:
9 till ARthority of heariag examiaer.
The city hearing examiner is designated to hear appeals by parties aggrie'/ed by aetiaRS efthe eity
clerk in suspending, revoking or denying a liceHse aT assessiRg a 6iyil penalty pursuant to this artiele. The
heariRg examiRer may adept reasonable rules or regulations f-or conducting its business. Copies ef saeh
rules and regulations shall be deli'iered to the city clerk who shall make them freely aecessible te the
public. All decisions and findings efthe hearing examiner shall be rendered to the appellant iR writing
with a copy to the city clerk.
(Ord. No. 95 230, ~ 1,3 21 95)
SECTION 94. Chapter 9, Article X, Section 9-622, of the Federal Way City Code is hereby
repealed as follows:
9 till Notiee of appeal.
Any persoIl. falling under the pro'lisieIl.s of tms article may appeal fram any notice of suspension,
denial or revocation or civil13eRalty assessment by filing with the eity clerk within 10 days from the date
the notiee is delivered or deemed reeeived, a ','oTitten appeal containing:
(1) /'.. heading iH the words: "Before the Hearing Examiner fer the city of Federal Way";
(2) /\. caption reading: ".f'..ppeal of " giving the names ef all appellants participating in the
appeal;
(3) /\. brief statement setting forth the legal interest or each of the appellants participating in the
appeal;
(1) /\. brief statement in concise language ef the specific order or action protested, together with any
material faets claimed to support the contentions of the appellant;
(5) /\. brief statement in concise language of the relief sought, and the reasons why it is claimed the
protested order or aotion should be re';ersed, modified, or otherwise set aside;
(6) The signatures ef all parties named as appellants, and their effieial mailing addresses; and
(7) The verification, by declaration under penalty of perjury, of at least one appellant as to the truth of
the matters stated in the appeal.
(Ord. No. 95 230, ~ 1,3 21 95)
SECTION 95. Chapter 9, Article X, Section 9-623, of the Federal Way City Code is hereby
repealed as follows:
9 ~23 Date, time, plaee for heariag.
.f~s soon as practicable after recei'ling the y,'litten appeal, the hearing CJlaminer shall fix a date, time,
and pla0e f-or the hearing of the appeal. Such date shall be not less then 10 days nor more than 60 days
from the date the appeal was filed Y/ith the city elerk. Written notice of the time and place of the hearing
shall be given at least 10 da-ys prior to the date of the hearing to eaeh appellant by the hearing examiner's
office either by eausing a copy of such notiee to be deli'/ered to the appellant personally or by mailing a
copy thereof, postage prepaid, addressed to the appellant at his or her address ShOT,V11 on the appeal.
(Ord. No. 95 230, ~ 1,3 21 95)
SECTION 96. Chapter 9, Article X, Section 9-624, of the Federal Way City Code shall be
amended to read as follows:
9-624 Rights of appellant.
At the hearing the appellaRt shall be entitled to appear in person and be represented by counsel and
offer such e'lidence pertinent and material te the action of the city clerk.
(Ord. No. 95 230, ~ 1,3 21 95)
SECTION 97. Chapter 9, Article X, Section 9-625, of the Federal Way City Code is hereby
repealed as follows:
9 ~25 Seope of matters eoasidered iB appeal.
Only those matters or issues specifically raised by the appellant in the writteR Retiee of Elfl13eal shall
be considered in the hearing of the appeal.
(Ord. No. 95 230, ~ 1,3 21 95)
SECTION 98. Chapter 9, Article X, Section 9-626, of the Federal Way City Code is hereby
repealed as follows:
9 ~2~ ,,, aiver of right to appeal.
Failure of any person to file an appeal in aeeordanee '.vith the proyisioflS of this division shall
constitute a TNaiver of his or her right to an administrative hearing and adjudication of the notice and
order, or any portion thereof.
(Ord. No. 95 230, ~ 1,3 21 95)
SECTION 99. Chapter 9, Article X, Section 9-627, of the Federal Way City Code is hereby
repealed as follows:
9 ~27 Stay of eaforeemeat.
Enfercement of any notice and erder of the city clerk shall be stayed during the pendency of an
appeal therefrom which is properly and timely filed. The stay shall be lifted l:1pen issuance of the fInal
decision of the eity couneil.
(Ord. No. 95 230, ~ 1,3 21 95)
SECTION 100. Chapter 9, Article X, Section 9-628, of the Federal Way City Code is hereby
repealed as follows:
9 (i28 Aetioa after heariag.
Upon completieR of the heariRg, the eJlaminer shall:
(1) "^~ecept the eity elerk's ree01'llfl'lendation as presented;
(2) Determine no action is T,varranted; or
(3) Modify the recommended action.
(Ord. No. 95 230, ~ 1,3 21 95)
SECTION 101. Chapter 9, Article X, Section 9-629, of the Federal Way City Code is hereby
repealed as follows:
9 (i29 "~1ppeal from heariag examiaer.
}Jl appeal from a deeision of the hearing examiner shall be to the city efPederal Way eity eouneil
and shall be served and filed T,vith the city clerk within 15 days efthe decisiefl ofthe heariHg eJHlfl'liFler. In
the event the applieaIl.-t er lieeRse helder dees not follo'N the proceoores Y/ithin the time periods set f-orth
in this division, the action of the hearing examiner shall be final.
(Ord. No. 95 239, ~ 1,3 21 95)
SECTION 102. Severability. Should any section, subsection, paragraph, sentence, clause, or
phrase ofthis chapter, or its application to any person or situation, be declared unconstitutional or invalid
for any reason, such decision shall not affect the validity of the remaining portions of this chapter or its
application to any other person or situation. The City Council of the City of Federal Way hereby declares
that it would have adopted this chapter and each section, subsection, sentence, clauses, phrase, or portion
thereof, irrespective of the fact that anyone or more sections, subsections, sentences, clauses, phrases, or
portions be declared invalid or unconstitutional.
SECTION 103. Concurrent Legislation. Currently pending ordinances or resolutions may amend
the same sections as does this one; changes made in this ordinance are intended to be in addition to any
changes made by any other ordinance or resolution, this ordinance is not intended to repeal, reenact, or
modify portions of the section that are enacted, repealed, or modified by any other ordinance or
resolution.
SECTION 104. Corrections. The City Clerk and the codifiers of this ordinance are authorized to
make necessary corrections to this ordinance including, but no limited to, the correction of
scrivener/clerical errors, references, ordinance numbering, section/subsection numbers and any references
thereto.
SECTION 105. Ratification. Any act consistent with the authority and prior to the effective date
of this ordinance is hereby ratified and affirmed.
SECTION 106. Effective Date. This ordinance shall take effect and be in force thirty (30) days
from and after its passage and publication, as provided by law.
PASSED by the City Council of the City of Federal Way this
day of
,200_.
CITY OF FEDERAL WAY
MAYOR, JACK DOVEY
ATTEST:
CITY CLERK, CAROL MCNEILLY, CMC
APPROVED AS TO FORM:
CITY ATTORNEY, PATRICIA A. RICHARDSON
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.:
Cy.-)C,
d .
m~~~~!~~~~'!~~__~~!~_:._~':~':~~~~':~_~:m'_~~~~_::~~n\A.~\I.'4kJ2<<2:t___---_!!~~~:: ~.
CITY OF FEDERAL'WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: An Ordinance Addressing Amendments Relating To Definitions In The Federal Way City Code
POLICY QUESTION: SHOULD THE CITY COUNCIL PASS AN ORDINANCE ADDRESSING AMENDMENTS
RELATING To DEFINITIONS IN THE FEDERAL WAY CITY CODE?
COMMITTEE: Finance, Economic Development, and Regional Affairs
MEETING DATE: Nov. 25th, 2008
CATEGORY:
D Consent
D City Council Business
IZI Ordinance
D Resolution
DEPUTY CITY ATTORNEY
D
D
Public Hearing
Other
STAFF REpORT By: AARON
DEPT: Law
Staff is finalizing the reorganization of the Federal Way City Code into the Federal Way Revised Code. During
the process Staff has discovered a number issues relating to definitions including opportunities to simplify
definitions; correct typographical errors, citation errors, modify organization; eliminate redundancies;
consolidate definitions; move regulations to regulatory sections; add cross references; and make
definitions more consistent with state law and other provisions. Concurrently with this ordinance staff will
present a resolution on the re-codification of the Code. Both of these will be presented to planning commission
and each Council Committee.
Attachments: Staff report, Ordinance.
Options Considered: 1. Recommend apl}\oval ~f the Ordinance and forward to the full Council on
December 2nd. {tJV' -t\VOZ>1 reocliYVl\ ~
2. Modify the proposed Ordinance and forw~d \cJhe full council for first reading.
3. Do not approve the proposed Ordinance.
STAFF RECOMMENDATION: Approve Option 1.
CITY MANAGER APPROVAL: ~ee
DIRECTOR APPROVAL: -1 A:l
Committee
COMMITTEERECOMMENDATION:IW C1::N'm\~ ~-lA Dptf6Y\.- 1
Committee Member
PROPOSED COUNCIL MOTION: HI move to forward the ordinance to a second reading for enactment on the
January 6th consent agenda n.
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
o APPROVED
o DENIED
o TABLED/DEFERREDINO ACTION
.~ MOVED TO SECOND READING (ordinances only)
REVISED - 02/06/2006
COUNCIL BILL #
I ST reading
Enactment reading
ORDINANCE #
RESOLUTION #
~
ORDINANCE NO.
AN ORDINANCE relating to definitional amendments adding sections, amending
sections, and repealing sections in Chapter 2, 3, 8, 9, 14, and 17 ofthe Federal Way
City Code.
WHEREAS, the City of Federal Way is in the process of re-codifying and reorganizing the
Federal Way City Code (FWCC) into the Federal Way Revised Code (FWRC) and through this process
has found redundant sections and language as well as unclear sections, inaccurate sections, and other
sections that could be revised for better readability and workability; and defmitions and related
regulations can be simplified and consolidated;
WHEREAS, certain Code provisions need to be modified to coordinate with state and county law
requirements in areas of definitions;
WHEREAS, none ofthe changes to the FWCC contained in this ordinance are intended to change
numbering or formatting changes that occur pursuant to the reorganization of the Code and;
WHEREAS, the City Council ofthe City of Federal Way finds it in the best interest of the City to
update its code, and amending these sections bears a substantial relation to public health, safety, or
welfare of the people of Federal Way; is consistent with the applicable provisions of the comprehensive
plan; and is in the best interest of the residents of the city;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, DO ORDAIN AS FOLLOWS
SECTION 1. Chapter 2, Article N, Section 2-106, of the Federal Way City Code shall be
amended to read as follows:
2-106 Definitions.
THe following words, terms 8:Hd pHrases, T,','Hen \:lsed in this diT/ision, SHall Have the meaning5 aseribed
to tHem in tHis seetion, exeept v;bere the eontext deafly iadieates a different ffieaRiag: The definitions in
this section apply throughout this article unless the context clearly requires otherwise. Terms not defined
here are defined according to FWCC 1-2.
Em.plo)'ee SHall mean allY persoH who is or Has beeR em.ployed by tHe eity.
':..Officiaf:.. shall mean means any person who is serving or has served as an elected or appointed city
official or officer, and any person who is serving or has served as an appointed member of any city board,
commission, committee or other appointed position with the city. The term "appoiRted" as m;ed HefeiH
shall mean Appointed means a person formally appointed by the city councilor as authorized by state law
or city ordinance.
(Ord. No. 89-5, ~ 1(2.25.010), 11-28-89)
SECTION 2. Chapter 3, Article I, Section 3-1, of the Federal Way City Code shall be amended to
read as follows:
3-1 Definitions.
UBless the COlRext or sl:lbject matter otherwise reqeires, terms defiBed hereiB shall have the fellewing
meaBiBgs 'Nhen Hsed iB this ehapter: The definitions in this section apply throughout this article unless the
context clearly requires otherwise. Terms not defined here are defined according to FWCC 1-2.
Alarm business means the:-+he business by afty iBdivideal, partHership, eorporatioB, or other entity of
selling, leasing, maintaining, monitoring, servicing, repairing, altering, replacing, moving or installing
any alarm system or causing to be sold, leased, maintained, serviced, repaired, altered, replaced, moved or
installed any alarm system on real property.
Alarm system means any. :\fty system, device or mechanism which, when activated, transmits a
telephone message to a private monitoring company or some other number, or emits an audible or visible
signal that can be heard or seen by persons outside the protected premises, or transmits a signal beyond
the premises in some other fashion, except any system, device or mechanism primarily protecting a motor
vehicle, or a medical alarm.
Alarm user means thc. The person, firm, partnership, association, corporation, company, or
organization of any kind to whom a registration is required under this chapter.
Automatic dialing device means a~ device that is interconnected to a telephone line and is
programmed to select a predetermined telephone number and transmit by voice message or code signal an
emergency message indicating a need for emergency response. Such a device is an alarm system.
Burglary alarm system means an~ alarm system designed or used for detection and reporting of an
unauthorized entry or attempted unauthorized entry upon real property protected by the system.
Chief of police. The eHief oftke eity of Federal Way police department.
City clerk. The clerk oftke eity of Federal Way.
DepartmeRt. The eity of Federal Way police department.
Economically disadvantaged person means a-:-Atl person receiving public assistance.
False alarm means the:-+he activation of any burglary and/or robbery alarm system when no crime is
being committed or attempted on the premises. An alarm shall be presumed to be false if the police
officers responding do not locate any evidence of an intrusion or commission of an unlawful act or
emergency on the premises which might have caused the alarm to sound, but does not include alarms
caused by violent conditions of nature or other extraordinary circumstances not reasonably subject to
control by the alarm business operator or alarm user.
Interconnect means t~ connect an alarm system including an automatic dialing device to a
telephone line, either directly or through a mechanical device that utilizes a telephone, for the purpose of
using the telephone line to transmit a message upon the activation of the alarm system.
No response means that police. P0liee officers shall not be dispatched to investigate a report of an
alarm signal.
Panic/trouble alarm means an.,....Att alarm system designed or used for alerting police of the need for
immediate assistance or aid in order to avoid injury or serious bodily harm.
Premises means any~ area and any portion of any area protected by an alarm system.
Registration year means-:- July 1st to and including June 30th.
Robbery alarm system means an-:-Atl alarm system designed or used for alerting others of a robbery or
other crime in progress which involves potential serious bodily injury or death.
System subscriber means a person. Person, corporation, firm, partnership, association, company,
organization or other business entity who purchased or contracted for any alarm system.
Verification means an-:-Afl independent method of determining that a signal from an automatic alarm
system reflects a need for immediate police assistance or investigation. (Ord. No. 93-193, 9 1, 11-9-93)
SECTION 3. Chapter 8, Article IV, Section 8-121, of the Federal Way City Code shall be
amended to read as follows:
8-121 Definitions.
(a) The followiag v,<ords, terms and phrases, TlIhea l:lsed ia this artiele, shall hWle the meaniags aseribe6
to them ia this seetioa, except T.vnere the eORtext cleafly iRdicates a differeRt meaniRg:
~ The definitions in this section apply throughout this article unless the context clearly requires
otherwise. Terms not defined here are defined according to FWCC 1-2. The definitions ef-in Chapter
70.77 RCW as now stated or hereafter alReRded shall govern the eORstruetioR of this artiele, when
applicable. apply throughout this article unless the context clearly requires otherwise. RCW 70.77.120
through 70.77.230 as ROW stated or her-eafter ameadea are adopted by reference and a copy of the same
shall be kept on file ia the office of the eity clerk for p\:lblie l:lse 8:Hd iBspeetioa. In additioa, the f-ollowing
term is defiRed
Dangerous fireworks shall mean means any firework not defined as a "common firework" under the
provisions ofRCW 70.77.136.
(Ord. No. 90-54, 9 1,4-17-90; Ord. No. 92-147, S 2, 6-23-92)
SECTION 4. Chapter 9, Article II, Section 9-26, of the Federal Way City Code shall be amended
to read as follows:
9-26 Definitions.
The followiRg words, terms and phrases, \'Illea l:lsed iB this artiele, shall have the meaniags aseribed to
them iB this sectioR, except ',vhere the coBtext clearly iadieates a diff-ereat meaniag: The definitions in this
section apply throughout this chapter (Title) unless the context clearly requires otherwise. Terms not
defmed here are defined according to FWCC 1-2.
Business shall me8:H and iaelude means vocations, occupations, professions, enterprises and
establishments and all other activities and matters conducted for private profit or benefit, either directly or
indirectly, anywhere within the city, which employs 10 or more persons.
Premises shall mean and iaelude means all lands, structures and places, and also any personal property
which either is affixed to, or is used in connection with any such business conducted on such premises.
Small business shall mean and iaelude means vocations, occupations, professions, enterprises and
establishments and all other activities and matters conducted for private profit or benefit, either directly or
indirectly, anywhere within the city, which employs nine or less persons.
(Ord. No. 91-86, S 1(2),2-5-91)
SECTION 5. Chapter 9, Article III, Section 9-71, of the Federal Way City Code shall be amended
to read as follows:
9-71 Definitions.
For the pl:lrpose of this artiele the words and pmases l:lsed ia this seetioR shall have the followiag
meanings l:laless the cORtext otherv.ise iadieates: The definitions in this section apply throughout this
article unless the context clearly requires otherwise.
fat Adult entertainment means shall mean:
(1) Any exhibition, performance or dance of any type conducted in a premises where such exhibition,
performance or dance involves a person who is unclothed or in such costume, attire or clothing as to
expose any portion of the breast below the top of the areola or any portion of the pubic region, anus,
buttocks, vulva or genitals, or wearing any device or covering exposed to view which simulates the
appearance of any portion of the female breast below the top of the areola or any portion of the pubic
region, anus, buttocks, vulva or genitals, or human male genitals in a discernibly turgid state, even if
completely and opaquely covered; or
(2) Any exhibition, performance or dance of any type conducted in a premises where such exhibition,
performance or dance is distinguished or characterized by a predominant emphasis on the depiction,
description, simulation or relation to the following specified sexual activities:
a. Human genitals in a state of sexual stimulation or arousal;
b. Acts of human masturbation, sexual intercourse or sodomy; or
c. Fondling or other erotic touching of human genitals, public region, buttocks or female breast;
or
(3) Any exhibition, performance or dance intended to sexually stimulate any patron and conducted in
a premises where such exhibition, performance or dance is performed for, arranged with or engaged in
with fewer than all patrons on the premises at that time, with separate consideration paid, either directly
or indirectly, for such performance, exhibition or dance. For purposes of example and not limitation, such
exhibitions, performances or dances are commonly referred to as table dancing, couch dancing, taxi
dancing, lap dancing, private dancing or straddle dancing.
W Adult entertainment establishment shall mean means any commercial premises to which any patron
is invited or admitted and where adult entertainment is provided on a regular basis and as a substantial
part of the premises activity.
(e) Applieant meaHS the iHdi-lidual Of efttity seeking aR adak entertaiBmeftt lieeBse iB the eity ef
Federal Way.
W Applicant control persons means all partners, corporate officers and directors and any other
individuals in the applicant's business organization who holds a significant interest in the adult
entertainment establishment, based on responsibility for management of the adult entertainment business.
te1 Employee shall meaH means any and all persons, including managers, entertainers, and independent
contractors who work in or at or render any services directly related to the operation of any adult
entertainment establishment.
00 Entertainer shall mean means any person who provides live adult entertainment whether or not a fee
is charged or accepted for such entertainment.
W Manager shall mean means any person who manages, directs, administers, or is in charge pf, the
affairs and/or the conduct of any portion of any activity involving adult entertainment occurring at any
adult entertainment establishment.
W Operator shall mean means any person operating, conducting or maintaining an adult entertainment
establishment.
fij Panoram or peepshow shall meaH means any device which, upon insertion of a coin or by any other
means of payment, including membership fee or other charge, exhibits or displays a picture or view by
film, video or by any other means, including observation of live performances.
ffi Panoram premises means any premises or portion of a premises or portion of a premises on which a
panoram is located and which is open to the public, including through membership.
(k) Persoa meaHS any iBdividl:lal, partRefshi}3, eorporstioB, trust, iHeorpofated or l:lBiReorpefatetl
associatiofl, marital eomml:lBity, joiftt venmre, gevefflmeBtal eBtity, Of othef efttity or groap ef }3erseBs,
howevef organized.
flj Sexual conduct means acts of (i) sexual intercourse within its ordinary meaning; or (ii) any contact
between persons involving the sex organs of one person and the mouth or anus of another; or (iii)
masturbation, manual or instrumental, of oneself or of one person by another; or (iv) touching of the sex
organs or anus, of oneself or of one person by another.
(Ord. No. 90-55, S 2, 5-1-90; Ord. No. 95-241, S 1,8-15-95)
SECTION 6. Chapter 9, Article V, Section 9-206, of the Federal Way City Code shall be
amended to read as follows:
9-206 Definitions.
The following words, terms and phrases, v/hea used in this article, shall haye the mcaniags ascribed to
them iR this section, exeept where the coBtc~(t clearly iadicatcs a differeflt meaaiag: The definitions in this
section apply throughout this article unless the context clearly requires otherwise. Terms not defined here
are defined according to FWCC 1-2.
Identified as stolen or pawned without authorization shall melHl means any property which has been
reported by the rightful owner to a law enforcement authority as missing or stolen.
Pawnbroker shall meffil means every person who takes or receives by way of pledge, pawn or exchange
goods, wares, or merchandise of any kind of personal property for the repayment of security of any
money loaned thereon, or to loan money on deposit of personal property, or who makes public display of
any sign indicating that he has money to loan on personal property on deposit or pledge.
Pawnshop shall meaa means every place at which a pawnbroker business is being conducted.
Rightful owner, unless otherwise proven, shall mean means the person having possession of the
property prior to the theft or removal without authorization.
Secondhand dealer shall melHl means a EWef'Y person who~ as a business~ engages in the purchase, sale,
barter, sale on consignment, or otherwise exchanges secondhand goods;, or who keeps a store, shop,
room~ or other place where secondhand goods of ffilY kind or descriptiofl are bought, sold, traded~ ef
bartered, pledged, pawned, auctioned, sold on consignment, or otherwise exchanged; proT/ided, howC'/er,
that this term does HOt apply to these perSOflS eagaged iR the b\:1siaess of selliRg \:lsed or seeofldkand
motor '/ehicles or boats.
Secondhand goods shall mean means 8:ll:)' aad all used, QLremanufactured, or seeoadh8:Hd goods~
except it pl:lrchased or kept for sale BY a seeoRdhand dealer; pr-ovided, however, sueh term. does not
include jUflk or I:lsed or secoadkand used. remanufactured. or iunk motor vehicles or boats.
(Ord. No. 90-57, SS 1, 15(A)(12)(a), (b), 5-1-90)
SECTION 7. Chapter 9, Article VI, Section 9-291, of the Federal Way City Code shall be
amended to read as follows:
9-291 Definitions.
The folloT.viRg \yords, terms and phreses, vffleR m,ed ifl this artiele, shall have the me8:Hiags aseribed to
them iR this sectiofl, except where the eeBtext clearly iadicates a diff-ereBt melHliRg: The definitions in this
section apply throughout this article unless the context clearly requires otherwise. Terms not defined here
are defined according to FWCC 1-2.
Armored-transport agencies shall melHl means agencies which provide armed personnel to convey
valuable articles for a fee.
Contract guard or patrol agencies shall melHl and inell:lde means partnerships, corporations, joint
ventures, as well as individuals who are self-employed which provide privately employed guards or patrol
officers for a fee.
Contract investigative agency shall mean and iRell:lde means partnerships, corporations, joint ventures,
as well as individuals who are self-employed which provide private investigative services for a fee, except
individuals investigating bodily injury or property damage actions under the supervision of a licensed
attorney.
Credit investigation agencies and credit investigators shall melHl means businesses and persons who
conduct investigations primarily to furnish information as to the business and financial standing and
credit responsibility of persons.
--- -i
In-house guard forces shall mean means agencies which provide private guard services exclusively in
connection with the affairs of the one business that employs them.
In-house investigative forces shall mean agencies which provide private investigative services
exclusively in connection with the affairs of the one business that employs them.
Licensing authority shall meafl means the county licensing authority.
Polioe department shall meafl the law eflforcemeflt authority of the city.
Private guards shall mean means persons who protect or attempt to protect persons or property from
damage, injury, loss or any criminal act and shall include "guard dogs," "watchmen," "security officer,"
"protective agent," "merchant guard" and "special officer."
Private investigation shall me8:H 8:Hd iflclude means investigations by a privately employed person for
the purpose of obtaining information concerning:
(1) Crimes or wrongs, done or threatened;
(2) The identity, habits, conduct, movements, whereabouts, associations, transactions, credibility,
reputation, employment history, criminal record, or character of any person, group, or business, for any
purpose;
(3) The location of lost or stolen property;
(4) The causes and responsibility for fires, libel, slander, losses, accidents or injuries;
(5) The whereabouts of missing persons.
Private investigators/detectives shall me8:H means personnel who conduct investigations for a contract
investigative agency, including undercover agents employed by contract agencies, but excluding in-house
investigative force employees, credit investigators, insurance investigators and adjusters.
Private/merchant patrol officer shall mean means those persons who perform the same functions as
guards, but do so at a number of different locations, access to which is accomplished by means of travel
on public property.
Private security shall mean and iflcll:lde means all privately employed guards, investigators, detectives,
patrolmen and any other personnel performing similar security functions or services.
(Ord. No. 90-28,9 1(6.24.010),2-13-90)
SECTION 8. Chapter 9, Article VII, Section 9-386, of the Federal Way City Code shall be
amended to read as follows:
9-386 Definitions.
,\s l:lsed ifl this article, t:lflless the c0fltext or subjeet matter clearly reql:lWes otherwise, the v:ords or
phrases defined ifl this section shall ha'/e the iRdieated meaniRgs: The definitions in this section apply
throughout this article unless the context clearly requires otherwise. Terms not defined here are defmed
according to FWCC 1-2.
Business shall mean and iflel\:lde means all services and activities engaged in with the object of
pecuniary gain, benefit or advantage to any person, or to another person or class, directly or indirectly,
whether part-time or full-time.
PerSOfl shall meafl one or more Ratl:lral persofls of either sex, corpomti0ns, partflerships, sole
proprietorships, assooiations or other entities eapable of fla'liflg an aotion at lll-\Y erol:lgRt agaiHst S\:leh
~
Temporary business shall mean aRd inolude means all businesses of a transitory nature or fixed
duration, including, but not limited to:
(1) Circuses, carnivals, rodeos, fairs, or similar transient amusement or recreational activities other
than adult entertainment licensed under FWCC 9-71 et seq.;
(2) Christmas tree sales lots and flower stands;
(3) Indoor or outdoor special sales, including swap meets, parking lot sales, warehouse sales or
similar activities;
(4) Garage sales and flea markets which exceed three consecutive days in length;
(5) Temporary stands for the sale of items such as food, toys, jewelry, goods, art, crafts, firewood;
and
(6) Any other similar use of a transitory nature or fixed duration.
(Ord. No. 90-62, S 1,6-19-90; Ord. No. 91-110, S 1, 11-5-91)
SECTION 9. Chapter 9, Article VIII, Section 9-421, of the Federal Way City Code shall be
amended to read as follows:
9-421 Definitions.
The following words, terms and pm-ases, ',yhen used in this article, shall haye the meaflings ascriBed to
them in this sectioR, except where the context clearly indicates a diff-erent meaning: The definitions in this
section apply throughout this article unless the context clearly requires otherwise. Terms not defined here
are defined according to FWCC 1-2.
"^..pplicant means aft)' person ',vBO applies for a license to operate a pl:lblic daflee at a daRee hall.
Dance hall means any place or premises where a public dance is conducted, and any and all areas
attached to or adjacent to such premises including but not limited to all hallways, bathrooms, designated
parking areas and all adjoining nonpublic areas accessible to the public or any patron during the dance.
Designated parking area means that area specifically described in an applicant's license application to
be used by dance hall patrons, which area shall include the minimum number of parking stalls required by
Chapter 22 FWCC, Zoning.
Law enforcement training means either:
(1) Prior commissioned law enforcement experience from any jurisdiction occurring within five years
of the date of application; or
(2) Minimum security qualifications as follows:
a. Security guard. In order to qualify as a security guard, a person must:
1. Be 18 years of age or older;
2. Submit a set of fingerprints;
3. Have no criminal history in violation of FWCC 9-462(aX3) and (4); and
4. Proof of satisfactory completion of training as required for security guard state license
(RCW 18.170.010 et seq.).
b. Armed security guard. In order to qualify as an armed security guard, a person must:
1. Meet all of the requirements of a security guard; and
2. Present proof of successful completion of a fIrearms training course of a minimum of eight-
hour classes and proficiency training provided by an organization or trainer approved by the state
Criminal Justice Training Commission pursuant to Chapters 18.170 and 43.101 RCW.
Licensee means any person licensed to operate a public dance at a dance hall.
Public dance means any dance that is open to the public and which:
(1) Is conducted for a prefit direct or indirect profit; or
(2) Requires a monetary payment or contribution from the persons admitted.
The term "public"Public dance" does not include a banquet, party~ or celebration conducted for invited
guests which is not open to the public, and for which no fee or membership contribution is required;.~
Additionally, the term "pl:lblic dance" does Rot inell:lde ~any dance held by a licensed liquor
establishment, or at ally location where alcoholic beverages are legally served, sold, dispensed or
permitted on the premises; it being the intention that sl:lch d8:Hees be goyemed by the apprepriate
proyisioRs ofRCW Title 66 aftd all other pertinent laws and reg1:llatioRs.
(Ord. No. 92-132, S 1(9.36),4-14-92)
SECTION 10. Chapter 9, Article X, Section 9-600, of the Federal Way City Code shall be
amended to read as follows:
9-600 Definitions.
For the pl:lfpOSeS of this chapter, the follo..../iag terms, TNerds 8:Hd phreses shall have the f{)llowiag
me8:Hings: The definitions in this section apply throughout this article unless the context clearly requires
otherwise. Terms not defined here are defined according to FWCC 1-2.
-fB Bathhouse attendant means any person who administers or performs services to patrons of a
public bathhouse or who supervises the work of such persons. The term does not include a person who
performs only custodial or janitorial work.
(2) City means the cit)' of Fedefal WEt)', WashiRgtoa.
(3) City elerk means the eity derk of the eity of Federal Way, WashiagtoH.
t41 Conviction means an adjudication or conviction of guilt and occurs at such time as a plea of guilty
has been accepted or a verdict of guilty has been filed, notwithstanding the pendency of any future
proceedings including but not limited to sentencing or disposition, post-trial or post-fact finding motions,
and appeals. Conviction also means a bail forfeiture and includes all instances in which a plea of nolo
contendere is the basis for the conviction and all proceedings in which the sentence has been deferred or
suspended.
~ Genitals meaf}S geRitals, includes. but is not limited to. the pubic area, anus, or perineum of any
person, ef and the vulva or breasts of a female.
f6j Manager means any person who manages, directs, administers, or is in charge of, the affairs
and/or the conduct of any portion of any activity involving public bathhouses occurring at any place
offering public baths.
~ Public bathhouse means any place where baths or facilities for baths of any kiad v;batever are
given or furnished~ including. where an attendant is present: withoHt limitation finnish baths; russian
baths; sauna baths; swedish baths; turkish baths; hot tubs; baths by hot air, steam, vapor, water~ ef electric
cabinet~ or a combination thereof of any of the foregoiag; provided, that Sl:lch term. shall "Public
bathhouse" does not include ordinary tub or shower baths, or aft)' of the above aamed baths where an
atteBdaftt: is Bot reqtlired.
(Ord. No. 95-230, S 1,3-21-95)
SECTION 11. Chapter 9, Article XI, Section 9-701, of the Federal Way City Code shall be
amended to read as follows:
9-701 Definitions.
f.s \:lsed ia this artiele the follo-.viag words and terms shall have the m.eaftiags respeetively ascribed:
The defmitions in this section apply throughout this article unless the context clearly requires otherwise.
Terms not defined here are defined according to FWCC 1-2.
Access channels means free composite channels to be used for educational purposes and by
government and public agencies and/or their representatives (commonly referred to as "PEG" channels).
The Act means the Cable Communications Policy Act of 1984 as amended by the Cable Television
Consumer Protection and Competition Act of 1992 and any subsequent amendments.
Addressability means the ability of a franchisee to electronically authorize customer terminals to
receive, change or to cancel any or all specified programming.
"^..pplieant m.eaflS alty person or eRtity that applies f-or a franehise.
Basic cable service is the lowest level of service regularly provided to all subscribers that includes the
retransmission of local broadcast television signals.
Cable communication system means a system which may provide audio, video and data transmission
to subscribers.
Cable facilities means equipment and wiring used to transmit audio and video signals to subscribers.
Cable services means (1) the one way transmission to subscriber of video programming or other
programming service, and (2) subscriber interaction, if any, which is required for the selection by the
subscriber of such video programming.
Channel means a single path or section of the spectrum which carries a television signal.
Character generator means a device used to generate alpha numerical programming to be cablecast on a
cable channel
City means the city of Federal Way, a manicipal corporation of the state ofWashingtofl.
CO\:lBcil ffieaHS the city of Federal Way cmmcil actiRg iR its official capacity.
Data transmission means (1) the movement of encoded information by means of electrical or electronic
transmission systems; (2) the transmission of data from one point to another over communications
channels.
Dwelling units means residential living facilities as distinguished from temporary lodging facilities
such as hotel and motel rooms and dormitories, and includes single-family residential units and individual
apartments, condominium units, mobile homes within mobile home parks, and other multiple-family
residential units.
Emergency means a condition of imminent danger to the health, safety, and welfare of property or
persons located within the city including, without limitation, damage to persons or property from natural
consequences, such as storms, earthquakes, riots or wars.
FCC means the Federal Communications Commission, a regulatory agency of the United States
government.
Fiber optics means the technology of guiding and projecting light for use as a communications
medium.
Franchise means the initial authorization, or renewal thereof, issued by the franchising authority,
whether such authorization is designated as a franchise, permit, license, resolution, contract, certificate or
otherwise, which authorizes construction and operation of the cable communication system for the
purpose of offering cable service or other service to subscribers.
Franchisee or operator means the person, ftrm or corporation to whom or which a franchise is granted
by the council under this article and the lawful successor, transferee or assignee of said person, firm or
corporation subject to such conditions as may be defined in city ordinance.
Gross annual receipts means the annual gross receipts received by a franchisee directly or indirectly
from its subscribers for the provision of communications services including but not limited to revenues
from Home Shopping Network and advertising, data, telephone, interactive services, late fees, and
excluding but not limited to bad debts, refundable deposits, and any sales, excise or other taxes collected
for direct pass-through to local state or federal government. The frllRchise fee pa)'able b)' a :ffiI:ftehisee te
the city on gross anflaal reeeipts deriyed from any Hew, HOH eable teleyisioH related progrftlflmiflg
predaet or other comflll:lRieatiofl services s\:lch as interaetiye, data, telephoRe tr8:flsmissieR or other
cOlRml:lnicatiofl 13rodaets or services, ',yhich is delivered to the s\:lbseriber by asiHg p\:lblie rights ef way,
shall be at the same rate as the fee, tax, assessment or other reVefll:le payable to the eity by other providers
of the same prodl:lct or serviee withiR a fraHehisee's fr8:flehise sefViee area. l\S Hsed iB this seetiofl, a
nOflprogra:mmiBg product or serviee shall be eOHsidered He'll if a fr8:flchisee was Bot already pfo'/idiHg it
as ofthe eBaetmeBt of its frenehise.
Headend means the electronic equipment located at the start of a cable system, usually including
antennas, preamplifiers, frequency converters, demodulators and related equipment.
Installation means the connection of the cable communication system from feeder cable to subscribers'
terminals.
Institutional networks (I-Nets) means a cable communications system designated principally for the
provision of non-entertainment services to public schools, or public agencies such as public libraries
separate and distinct from the subscriber network, or on secured channels of the subscriber network.
Interactive services means services provided to subscribers where the subscriber either
(1) both receives information consisting of either television or other signals and transmits signals
generated by the subscriber or equipment under his/her control for the purpose of selecting what
information shall be transmitted to the subscriber or for any other purpose; or (2) transmits signals to any
other location for any purpose.
Office means the person or entity designated by the city as being responsible for the administration of a
franchise for the city.
Property of franchisee means all property owned, installed or used by a franchisee in the conduct of its
business in the city.
Proposal means the response, by an individual or organization, to a request by the city regarding the
provision of cable services; or an unsolicited plan submitted by an individual or organization seeking to
provide cable services in the city.
Pl:lblic right of ',yay or meet mellfls the land ovmed, dedicated or conveyed to the city or a unit of
goyemmeftt, including, bl:lt Rot limited to, any l'mblic alley, boulevard, lane, way, plaee, drive, easement,
right of way or sidev/alk, or aR)' portioR thereof, under the jurisdietion of the city.
Subscriber means a person~ ef entity~ or user of the cable system who lawfully receives cable services
or other service therefrom from a cable system with the franchisee's express permission.
(Ord. No. 95-239, 9 1,8-1-95)
SECTION 12. Chapter 9, Article XI, Section 9-716, of the Federal Way City Code shall be
amended to read as follows:
9-716 Franchise fee.
A franchisee shall pay to the city a quarterly estimate as a franchise fee no later than 45 days following
the end of such quarter, equal to a percentage of gross annual receipts for the preceding three months.
Interest shall accrue if not paid by 45 days from the end of the quarter. Such remittances shall be
accompanied by forms furnished by the city to report detailed information as to the sources of such
income. The franchise fee payable by a franchisee to the city on gross annual receipts derived from any
new. non-cable-television-related programming product or other communication services such as
interactive. data. telephone transmission or other communication products or services. which is delivered
to the subscriber by using public rights-of-way. shall be at the same rate as the fee, tax. assessment or
other revenue payable to the city by other providers of the same product or service within a franchisee's
franchise service area. As used in this section. a nonprogramming product or service shall be considered
new if a franchisee was not already providing it as of the enactment of its franchise.
(Ord. No. 95-239, 9 16,8-1-95)
SECTION 13. Chapter 14, Article II, Section 14-67, of the Federal Way City Code shall be
amended to read as follows:
14-67 Definitions.
The definitions of "selliRg price," "seller," "b~'er," "CORSl:lmer," Ilfld all ether defiRitieRs as are Raw
cofttained in RCW 82.08.010 are adopted and apply throughout this chapter unless the context clearly
requires otherwise., Ilfld subseq\:leRt a:meRdments thereto, are adopted as the defmitioRs fer the tffil: le'/ied
iR this chapter.
(Ord. No. 99-335,92,2-16-99)
SECTION 14. Chapter 14, Article N, Section 14-131, of the Federal Way City Code shall be
amended to read as follows:
14-131 Definitions.
F or purpose of this division the v/ords aBd phrases used in this seetioR shall ha'/e the fellowing
meanings I:JRless the cORtext otherwise iRdicates: The definitions in this section apply throughout this
chapter [Titlel unless the context clearly requires otherwise. Terms not defined here are defined according
to FWCC 1-2.
Director shall mean means the management services director or other person other employee Elr ageftt
of the city designated by the city manager.
(Ord. No. 02-432, ~ 1, 11-19-02)
SECTION 15. Chapter 14, Article V, Section 14-171, of the Federal Way City Code shall be
amended to read as follows:
14-171 Definitions.
ill eonstruing the provisioRs of this ehapter, the follmviBg definitioRs shall be applied: The definitions
in this section apply throughout this article unless the context clearly requires otherwise. Terms not
defined here are defined according to FWCC 1-2.
fB Gross income means the value proceeding or accruing from the sale of tangible property or
service, and receipts (including all sums earned or charged, whether received or not), by reason of the
investment of capital in the business engaged in, including rentals, royalties, fees, or other emoluments,
however designated (excluding receipts or proceeds from the use or sale of real property or any interest
therein, and proceeds from the sale of notes, bonds, mortgages, or other evidences of indebtedness, or
stocks and the like) and without any deduction on account of the cost of the property sold, the cost of
materials used, labor costs, interest or discount paid, or any expense whatsoever, and without any
deduction on account of losses, including the amount of credit losses actually sustained by the taxpayer
whose regular books or accounts are kept upon an accrual basis.
~ Cable service means:
a. A system providing service pursuant to a franchise issued by the city under the Cable
Communications Policy Act of 1984 Public Law No. 98-549, 47 USC Section 521, as it may be amended
or superseded; and or
b. Any system that competes directly with such franchised system by employing antennae,
microwave, wires, wave guides, coaxial cables, or other conductors, equipment or facilities designed,
construed or used for the purpose of:
1. Collecting and amplifying local and distant broadcast television signals and distributing and
transmitting them;
2. Transmitting original cablecast programming not received through television broadcast
signals; or
3. Transmitting television pictures, film and videotape programs not received through
broadcast television signals, whether or not encoded or processed to permit reception by only selected
recelvers~~
pro'/ided, howe'o'er, that "eable Cable tele'/isioB service" shall not include television entities that are
subject to charges as "commercial TV stations" under 47 USC Section 158.
~ Cellular telephone service means two-way voice and data telephone/telecommunications system
based in whole or substantially in part on wireless radio communications and which is not subject to
regulation by the Washington Utilities and Transportation Commission (WUTC). This includes cellular
mobile service. The definition of cellular mobile service includes other wireless radio communications
services such as specialized mobile radio (SMR), personal communications services (PCS) and any other
evolving wireless radio communications technology which accomplishes the same purpose as cellular
mobile service.
f41 Competitive telecommunication service means the providing by any person of
telecommunications equipment or apparatus, or service related to that equipment or apparatus such as
repair or maintenance service, if the equipment or apparatus is of a type which can be provided by
persons that are not subject to regulation as telephone companies under RCW Title 80 and for which a
separate charge is made.
~ Designated official means an agent or employee designated by the city manager. such eity
employee or ageRt as the eity maaager shall designate.
(6) Network telecommunication service means the providing by any person of access to a local
telephone network, local telephone network switching service, toll service, or coin telephone services;, or
the providing of telephonic, video, data, pagers, or similar communication or transmission for hire, via a
local telephone network, toll line or channel, cable, microwave, or similar communication or transmission
system. "Network telecommunication service" includes interstate service, including toll service,
originating from or received on telecommunications equipment or apparatus in this state if the charge for
the service is billed to a person in this state. "Network telecommunication service" does not include the
providing of competitive telecommunication service, the providing of cable television service, nor the
providing of broadcast services by radio or television stations.
f7j Telecommunications company includes every corporation, company, association, joint stock
association, partnership and person, their lessees, trustees or receivers appointed by any court whatsoever,
and every city or town owning, operating or managing any facilities used to provide telecommunications
for hire, sale, or resale to the general public within this state.
f8j Telecommunication business means the business of providing network telecommunication
service, as defmed in this section. It includes cooperative or farmer line telephone companies or
associations operating an exchange.
f91 Telecommunication service means competitive telecommunication service or network
telecommunication service, or both, as defined in this section.
fWt-Solid waste means garbage, trash, rubbish, or other materials discarded as worthless or not
economically viable for further use. The term does not include hazardous or toxic waste, and does not
include yard waste or material collected primarily for recycling or salvage.
(Ord. No. 95-257, S 1, 12-19-95; Ord. No. 96-262, S 1,2-20-96)
SECTION 16. Chapter 14, Article VI, Section 14-210, of the Federal Way City Code shall be
amended to read as follows:
14-210 Definitions.
The follo'NiBg words aad terms shall ha'le the f-ollowing meaniBgs for the plWposes ef this title, liflless
the eofltext clearly reqtlires etherwise. The definitions in this section apply throughout this article unless
the context clearly requires otherwise. To the extent they do not conflict with this section. the definitions
in RCW 82.02.090 are adopted and apply throughout this chapter unless the context clearly requires
otherwise. Terms not defined here or in RCW 82.02.090 are defined according to FWCC 1-2. +emi5
otherwise Rot defiaed hereiB shall be aefiaea pl:lfSllant to R-CW 82.92.990, Of giyeB their l:ls\:lal aad
ellstofBaI)' meaniBg.
fl1 Capital facilities plan means the district's capital facilities plan adopted by the school board
consisting of:
a. A forecast of future needs for school facilities based on the district's enrollment projections;
b. The long-range construction and capital improvements projects of the district;
c. The schools under construction or expansion;
d. The proposed locations and capacities of expanded or new school facilities;
e. At least a six-year financing plan component, updated as necessary to maintain at least a six-
year forecast period, for financing needed school facilities within projected funding levels, and
identifying sources of financing for such purposes, including bond issues authorized by the voters and
projected bond issues not yet authorized by the voters;
f. Any other long-range projects planned by the district; and
g. A fee schedule indicating the standard impact fee amount per dwelling unit type.
(2) City me8:HS the ",it)' of Federal 'Nay, a WashiBgtoB mtlBieipal corporatioa.
~ Classrooms meaBS mean educational facilities of the district required to house students for its
basic educational program. The classrooms are those facilities the district determiBes are Beeessary to best
serve its stl:ldeat populatioa. Specialized facilities as identified by the district, including but not limited to
gymnasiums, cafeterias, libraries, administrative offices, and child care centers, shall Rot be eoafl.ted as
are not classrooms.
f41 Construction cost per student means the estimated cost of construction of a permanent school
facility in the district for the grade span of school to be provided, as a function of the district's design
standard per grade span and taking into account the requirements of students with special needs.
~ Design standard means the space required, by grade span and taking into account the requirements
of students with special needs, which is needed in order to fulfill the educational goals of the district as
identified in the district's capital facilities plan.
t6t Developer means the person or entity who owns or holds purchase options or other development
control over property for which development activity is proposed.
e1 Development activity means any residential construction or expansion of a building, structure or
use, any change in use of a building or structure, or any change in the use of land that creates additional
demand for school facilities.
t8t-District means the Federal Way School District No. 210, King County, Washington.
t91 Elderly means a person aged 62 or older.
fWj Encumbered means to reserve, set aside, or otherwise earmark the impact fees in order to pay for
commitments, contractual obligations, or other liabilities incurred for public facilities.
fl-l-j Fee schedule means the schedule set forth in the district's capital facilities plan adopted by
reference by the city indicating the standard fee amount per dwelling unit that shall be paid as a condition
of residential development within the city.
fH:) Grade span means the categories into which a district groups its grade of students, i.e.,
elementary school, middle or junior high school, and high school.
~ Interlocal agreement means the interlocal agreement by and between the city and the district as
authorized in FWCC 14-217.
fl-4j Permanent facilities means the facilities of the district with a fixed foundation which are not
relocatable facilities.
fHj Relocatable facility means any factory-built structure, transportable in one or more sections, that
is designed to be used as an education space and is needed to prevent the overbuilding of school facilities,
to meet the needs of service areas within the district, or to cover the gap between the time that families
move into new residential developments and the date that construction is completed on permanent school
facilities.
~ Relocatable facilities cost per student means the estimated cost of purchasing and siting a
relocatable facility in the district for the grade span of school to be provided, as a function of the district's
design standard per grade span and taking into account the requirements of students with special needs.
fl-+j Site cost per student means the estimated cost of a site in the district for the grade span of school
to be provided, as a function of the district's design standard per grade span and taking into account the
requirements of students with special needs.
fl-81 Standard of service means the standard adopted by the district which identifies the program year,
the class size by grade span and,. taking into account the requirements of students with special needs, the
number of classrooms, the types of facilities the district believes will best serve its student population,
and other factors as identified by the district. The district's standard of service shall not be adjusted for
any portion of the classrooms housed in relocatable facilities which are used as transitional facilities or for
any specialized facilities housed in relocatable facilities. Except as otherwise defined by the school board
pursuant to a board resolution, transitional facilities shall mean those facilities that are used to cover the
time required for the construction of permanent facilities called for in the capital facilities plan; proyided,
that; where the district has the necessary financial commitments in place to complete the permanent
facilities called for in the capital facilities plM.
fl-9:) Student factor means the number derived by the district to describe how many students of each
grade span are expected to be generated by a dwelling unit. Student factors shall be based on district
records of average actual student generation rates for new developments constructed over a period of not
more than five years prior to the date of the fee calculation; proyided, that, if unless such information is
not available in the district, in which case data from adjacent districts, districts with similar demographics,
or county-wide averages may be used. Student factors must be separately determined for single-family
and multifamily dwelling units, and for grade spans.
(Ord. No. 95-249,9 1, 11-21-95)
SECTION 17. Chapter 14, Article VII, Section 14-231, of the Federal Way City Code shall be
amended to read as follows:
14-231 Definitions.
In eOBstruing the provisiaas af this article, the following defiRitions shall be applied: The definitions in
this section apply throughout this article unless the context clearly requires otherwise.
fl1 Assessor means the King County assessor.
~ Director means the director of the Federal Way community development services department, or
any other city office, department or agency that shall succeed to its functions with respect to this article,
or his or her authorized designee.
~ Multifamily housing means a building or townhouse having four or more dwelling units designed
for permanent residential occupancy.
f41 Owner means the property owner of record.
~ Permanent residential occupancy means multifamily housing that provides either rental or owner
occupancy for a period of at least one month. This excludes hotels and motels that predominantly offer
rental accommodation on a daily or weekly basis.
f61 Residential targeted area means the city center core and frame zones, as designated by the city
council pursuant to this article.
(Ord. No. 03-438,92,2-18-03)
SECTION 18. Chapter 17, Article II, Section 17-26, of the Federal Way City Code shall be
amended to read as follows:
17-26 Definitions.
The f-ollov/iag "'lOrds, terms aHd phrases, T",hen \:lsed ia this artiele, shall have the meaHings aseriBed to
them ia this sectiaa, exeept wher-e the eoRtext dearly iadieates a differeat meaHiag: The definitions in this
section apply throughout this article unless the context clearly requires otherwise. Terms not defined here
are defined according to FWCC 1-2.
Affiliated taxicab means shall mean a taxicab associated with a group of taxicabs having multiple
owners and operating under the same color or other identification scheme, all of which must operate
under an identical schedule of rates and charges. Affiliation representative means shall meaR the individual or organization who has the authority to file
rates for a group of affiliated taxicabs.
Audit means shall meaH verification of reported costs and revenues by review of business records,
including but not limited to accounts, receipts and reports filed with other governmental agencies.
Director means shall ffleatl the director of the county department of executive administration.
Enforcement officer means shall mean the director and his or her duly authorized representative.
~EHgage iH the bl:lsiRess Business of operating any taxicab or for-hire vehicle vehicle f-or hire" means
shall ffle8:H the pickup and transportation of any fare paying passenger from a point within the
geographical confines of the city, vlhether or Hot regardless of where the vehicle is dispatched from a
taxieab statld or offiee within 8:fl)' other fflHHieipal eorporatioR, atld vmethef Of Hot or where the ultimate
destination or route of travel is~ withiH the cOHfiHes of the eity; provided, that HothiHg iH this artiele shall
be construed to apply to This definition does not include taxicabs or for-hire vehicles licensed by any
other municipal corporation and transporting passengers from a point within the licensing municipality to
a destination outside thereof, whether or not the ultimate destination or route traveled is within the city.
For-hire driver means shall mean any person in charge of or driving a taxicab or for-hire vehicle
carrying passengers or baggage for hire.:....; proyided, however, that the provisioHs of this artiele shall This
definition does not apply to drivers of motor vehicles operated by any licensed municipal or privately
owned, lieeBsed transit system.
For-hire vehicle means shall ffleatl and iHel\:lde every motor vehicle>. other than a "sightseeing car,"
"charter bus>." or one used by fLhotel or motel keepers exclusively to convey their guests to and from
hotels or motels free of charge or reward, used for the transportation of passengers for-hire, and not
operated exclusively over a fixed and definite route~; provided, hO'Never, that this This definition does not
include a motor vehicle with a seating capacity, including the driver, not exceeding 15 persons which
operates to transport passengers between their places of abode or termiHi Bear sHeh plaees, and their
places of employment, in a single, daily round trip where the driver is also on the way to or from his or
her place of employment.
Labor costs means shall Hleatl salaries or wages paid by taxi owners to taxi drivers or the portion of the
draw taken by a taxi owner to represent his or her compensation for driving the taxicab. If, in the opinion
of the director, labor costs are under reported, this information may be supplemented by the director with
an index of wages in comparable industries.
Licensed vehicle means shall HleaR any taxicab that has been issued a for-hire vehicle license under
this article. Any transfer of for-hire vehicle licenses for a licensed vehicle shall be for the transfer of all
for-hire vehicle licenses issued to such vehicle. If the transfer is for one for-hire vehicle license only, the
remaining for-hire vehicle licenses shall be considered abandoned and nonrenewable or nontransferable
and shall be surrendered.
Licensee means shall meatl all applicants, including affiliation representative, required to license
taxicabs or for-hire vehicles under the provisions of this article.
Motor vehicle means shall mean every self-propelled vehicle by or upon which any person may be
transported or carried upon a public street, highway>. or alley~; provided, that vehieles Motor vehicle does
not include vehicles used exclusively upon stationary rail tracks or propelled by the use of overhead
electric '.vires shall HOt come \:lBder the provisioHs of this article.
Special rate means shall fflean discounted rates for the elderly and handicapped.
Special services vehicle means shall ffleatl a vehicle equipped to accommodate and which is used for
the transportation of handicapped persons. The term "handicapped" means any person who is physically
or mentally disabled who has an identification card issued by a governmental agency which describes the
handicap and also has medical certification that the handicap limits the person's activities, functioning
and ability to use public transportation facilities.
Taxicab means shall meatl every motor vehicle used for the transportation of passengers for-hire,
where the route traveled or destination is controlled by a customer and the fare is based on an amount
recorded and indicated on a taximeter, or on a special fare rate or contracted agreement as permitted by
this article.
Taximeter means shall ffieaH any instrument or device by which the charge for hire of a passenger
carrying vehicle is measured or calculated either for the distance traveled by such vehicle or for waiting
time, or for both, and upon which such calculated charges shall be indicated by means of figures.
(Ord. No. 90-27, S 1(6.64.010),2-13-90)
SECTION 19. Severability.
Should any section, subsection, paragraph, sentence, clause, or
phrase of this chapter, or its application to any person or situation, be declared unconstitutional or invalid
for any reason, such decision shall not affect the validity of the remaining portions of this chapter or its
application to any other person or situation. The City Council of the City of Federal Way hereby declares
that it would have adopted this chapter and each section, subsection, sentence, clauses, phrase, or portion
thereof, irrespective of the fact that anyone or more sections, subsections, sentences, clauses, phrases, or
portions be declared invalid or unconstitutional.
SECTION 20. Concurrent Legislation. Currently pending ordinances or resolutions may amend
the same sections as does this one; changes made in this ordinance are intended to be in addition to any
changes made by any other ordinance or resolution, this ordinance is not intended to repeal, reenact, or
modifY portions of the section that are enacted, repealed, or modified by any other ordinance or
resolution.
SECTION 21. Corrections. The City Clerk and the codifiers of this ordinance are authorized to
make necessary corrections to this ordinance including, but no limited to, the correction of
scrivener/clerical errors, references, ordinance numbering, section/subsection numbers and any references
thereto.
SECTION 22. Ratification. Any act consistent with the authority and prior to the effective date
of this ordinance is hereby ratified and affirmed.
SECTION 23. Effective Date. This ordinance shall take effect and be in force thirty (30) days
from and after its passage and publication, as provided by law.
PASSED by the City Council of the City of Federal Way this
day of
,200_.
CITY OF FEDERAL WAY
MAYOR, JACK DOVEY
ATTEST:
CITY CLERK, CAROL MCNEILLY, CMC
APPROVED AS TO FORM:
CITY ATTORNEY, PATRICIA A. RICHARDSON
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTWE DATE:
ORDINANCE NO.:
COU~~~~!~.!~~~~!~:..~~!_~~~~~_~~~_.~~~~mmm.J(.M')ua~l1.)..~_____!!~.~..~:.
CITY OF FEDERAL ~AY
CITY COUNCIL
AGENDA BILL
6- \
.~'m..
SUBJECT: An Ordinance Addressing Amendments Relating To Criminal Law In The Federal Way City Code
POLICY QUESTION: SHOULD THE CITY COUNCIL PASS AN ORDINANCE ADDRESSING CRIMINAL LAW IN THE
FEDERAL WAY CITY CODE?
COMMITTEE: PARKS RECREATION & PUBLIC SAFETY
MEETING DATE: Nov. 10th, 2008
CATEGORY:
D Consent
D City Council Business
I:8J Ordinance
D Resolution
D
D
Public Hearing
Other
STAFF REpORT By: AARON
DEPUTY CITY ATTORNEY
DEPT: Law
See attached staff report.
Attachments: Staff report, Ordinance.
Options Considered: 1. Recommend approval of the Ordinance and forward to the full Council on
December 2nd.
2. Modify the proposed Ordinance and forward to the full council for first reading.
_.___....._...,_.._.___...__l.:_.Q~..!!~.!.~J?J?rove ~~~.P!~p~se<!.Q!~i!!..a.!!.'?~~__.__..__.___.__________._____________
STAFF RECOMMENDATION: Approve Option 1.
CITY MANAGER APPROVAL:
(fff)
DIRECTOR APPROVAL: JAft
Committee
~il
COMMITTEE RECOMMENDATION: Of-t'~h- 1\-\
to forward the ordinance to a second reading for enactment on the
COUNCIL ACTION:
o APPROVED
o DENIED
o TABLED/DEFERRED/NO ACTION
W MOVED TO SECOND READING (ordinances only)
REVISED - 02106/2006
COUNCIL BILL #
1ST reading
Enactment reading
ORDINANCE #
RESOLUTION #
\Z.#2.c~
=t. t,.
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
FEDERAL WAY, WASHINGTON, RELATING TO CRIMINAL LAW
REPEALING SECTIONS, ADDING SECTIONS, AND AMENDING
SECTIONS IN CHAPTER 1, ARTICLE II; CHAPTER 5, ARTICLE VIII;
CHAPTER 6, ARTICLES 1,4,7,10, AND 12; CHAPTER 11, ARTICLE III;
CHAPTER 13, ARTICLES 6 AND 7, CHAPTER 14, CHAPTER 15,
CHAPTER 16, CHAPTER 17, AND CHAPTER 22 OF THE FEDERAL
WAY CITY CODE.
WHEREAS, the City of Federal Way is in the process of re-codifying and reorganizing
the Federal Way City Code (FWCC) into the Federal Way Revised Code (FWRC) and through
this process has found redundant sections and language as well as unclear sections, inaccurate
sections, and other sections that could be revised for better readability and workability; and
criminal provisions can be simplified and consolidated;
WHEREAS, adoption of certain state criminal procedures, a general adoption of state
misdemeanors, and adoption of certain criminal enforcement provisions would be beneficial to
the City and certain Code provisions need to be modified to match state law requirements in
areas of criminal procedure, firearms, massage practitioners;
WHEREAS, none of the changes to the FWCC contained in this ordinance are intended
to change numbering or formatting changes that occur pursuant to the reorganization of the Code
and;
WHEREAS, the City Council of the City of Federal Way finds it in the best interest of
the City to update its code, and amending these sections bears a substantial relation to public
health, safety, or welfare ofthe people of Federal Way; is consistent with the applicable
provisions of the comprehensive plan; and is in the best interest of the residents of the city;
Ordinance No 08-
Page 1 of23
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, DO ORDAIN AS FOLLOWS
SECTION 1. Chapter 1, Article II, Section 1-13, of the Federal Way City Code shall be
amended to read as follows:
1-13 General penalty.
(a) Unless otherwise provided, any person violating any of the provisions or failing to comply
with any ofthe mandatory requirements ofthis Code or any ordinance ofthe city, or any rule or
regulation adopted by the city council pursuant thereto, shall be guilty of a misdemeanor. Except
in cases where a different punishment is prescribed by this Code or any ordinance of the city, any
person convicted of a misdemeanor under this Code or the ordinances of the city shall be
punished by a fine not to exceed $1,000 or imprisonment for a period of not more than 90 days
or by both such fine and imprisonment.
(b) This section shall not preclude and shall be deemed to be in addition to administrative and
civil remedies as may be set forth in this Code or ordinances of the city, including bat FlOt limited
to F'NCC 1 14 thrOl:1gfl 1 25. Enforcement under this section. or any criminal enforcement.
proceedings, or sanctions of any Code provision. is in addition to and does not preclude or limit
any other forms of enforcement available to the City including. but not limited to. enforcement
under any provision of Chapter 1.15 FWRC. nuisance actions. actions for iniunctions. or any
other civil or equitable actions to abate, discontinue. correct. or discourage unlawful acts in
violation of this Code.
( c) Each and every day during any portion of which a violation of any of the provisions of this
Code or the ordinanoes of the city is committed and occurs or continues shall be deemed to be is
a separate offense.
SECTION 2. Chapter 4, Article I, Section 4-15 of the Federal Way City Code is hereby
repealed as follows:
4 15 Unlawful ads against paliee department dags Penalty far vialatiaB.
(a) No person shall wilfully torment, torture, beat, kick, strike or harass any dog l:1sed by a police
department for police work, or otherwise interfere with the use of any suoh dog for police \york
by said department or its officers or members.
(b) "^..ny person who violates subsection (a) of this sectioFl shall be deemed guilty of a
misdemeanor, punishable by not more than 90 days iFljail or not more than $250.00 fine, or both.
SECTION 3. Chapter 5, Article VIII, Section 5-219, of the Federal Way City Code
(FWRC 13.40.030) is hereby repealed as follows:
5 219 VialatiaBs and peBalties.
}..ny person violating any of the proyisions of this Code shall be deemed guilty of a
misdemeanor, and each such person shall be deemed guilty of a separate offense for each and
Ordinance No 08-
Page 2 of23
evcry day, or portion thereof, during which any violation of any of the provisions of this article is
committed, continued, or permitted, and upon conviction of any such yiolation such person shall
be punishable as proyided in P'NCC LU. (Ord. No. 90 56, ~ 8,5 1 90; Ord. No. 95 234, ~ 1, a
6-%j
SECTION 4. Chapter 6, Article I, Section 6-7, of the Federal Way City Code (FWRC
6.05.070) shall be amended to read as follows:
6-7 Penalty.
(a) Unless otherwise provided. any Any person convicted of a gross misdemeanor shall be
punished by a fine not to exceed $5,000 or by imprisonment in jail for a term not to exceed one
year, or by both such fine and imprisonment.
(b) Unless otherwise provided, any person convicted of yiolating the proyisions of this
chapter shall be guilty of a misdemeanor and shall be punished by a fine not to exceed $1,000 or
by imprisonment in jail for a term not to exceed 90 days, or by both such fine and imprisonment.
(c) A person who is convicted of a misdemeanor violation of any provision of Chapter 69.50
RCW adopted by reference shall be punished by imprisonment for not less than 24 consecutive
hours, and by a fine of not less than $250.00. On a second or subsequent conviction, the fine
shall not be less than $500.00. These fines shall be in addition to any other fine or penalty
imposed. Unless the court finds that the imposition of the minimum imprisonment will pose a
substantial risk to the defendant's physical or mental well-being or that local jail facilities are in
an overcrowded condition, the minimum term of imprisonment shall not be suspended or
deferred. If the court finds such risk or overcrowding exists, it shall sentence the defendant to a
minimum of 40 hours of community service. If a minimum term of imprisonment is suspended
or deferred, the court shall state in writing the reason for granting the suspension or deferral and
the facts upon which the suspension or deferral is based. Unless the court finds the person to be
indigent, the minimum fine shall not be suspended or deferred.
SECTION 5. Chapter 6, Article I, Section 6-8, of the Federal Way City Code shall be
amended to read as follows:
6-8 Adoption of Statutes. Construction.
ffiIn adopting the state statutes by reference, only those crimes and offenses within the
jurisdiction of a municipality are intended to be adopted and, in those sections adopted which
deal with both misdemeanors and felonies, only the language applicable to misdemeanors and
gross misdemeanors is to be applied (including to the extent that an anticipatory offense would
be a misdemeanor or gross misdemeanor). By adopting state statutes, the city intends to assume
iurisdiction over and become the iurisdictional authority for the enforcement and prosecution of
misdemeanor and gross misdemeanor crimes. Whenever the word state shall appear in any
statute adopted by reference in this chapter. the word city shall be substituted; -provided.
however, the term city shall not be substituted for the term state in those circumstances that set
forth administrative or licensing duties of the state and its subdivisions. Whenever a state statute
specificallY adopted in this chapter refers to another state statute not specifically adopted in this
chapter. the statute referred to shall be given the force and effect necessary to enforce the statute
Ordinance No 08-
Page 3 of23
specifically adopted in this chapter. When issuing a citation, information. or complaint for the
violation of any section of the RCW adopted by this chapter. it shall be sufficient for a
commissioned officer or prosecutor to cite to and refer to the RCW section number.
(2) With the exception of the RCW sections set forth in subsection (4) ofthis section or other
RCW sections that are otherwise specifically disavowed in this Code. all RCW sections that
constitute misdemeanors and gross misdemeanors and the RCW sections necessary for the
investigation. arrest. prosecution. sentencing, confinement. and enforcement of misdemeanors
and gross misdemeanors are hereby adopted by reference. and shall be given the same force and
effect as if set forth herein in full. The fact that sections of this Code adopt by reference specific
sections of the RCW shall not affect this section. Sections of the Code that specifically recite
that sections of the RCW are not adopted or do not apply shall control over this section.
(3) All class C felony crimes set forth in the RCW are hereby adopted by reference for
the purposes of charging a grOSS misdemeanor for a violation of any of the crimes set forth
in Chapter 9A.28 RCW. The adoption of class C felonies shall be subiect to the provisions
of subsection (1) and (2) of this section.
(4) The following RCW sections are specifically not adopted:
(a) RCW 9A.16.110 Defending against violent crime - Reimbursement.
(5) If any chapter, section, subsection. sentence, or provision of this title. or its application to
any person or circumstance is held invalid, the remainder of this title. or the application of the
chapter. section. subsection. sentence, or provision to other persons or circumstances is not
affected, and to this end, the chapters. sections. subsections. sentences and provisions of this title
are declared to be severable.
(6) The provisions of this title are intended to create a duty to the public in general and not to
create any duty to individuals or to any particular class of individuals. These provisions are not
for the protection of any person or class of persons.
SECTION 6. A new section is added to Chapter 6, Article I, of the Federal Way City
Code to read as follows:
6-10 RCW Title 10. entitled "Criminal Procedure" - Adoption bv reference.
The following RCW sections are adopted by reference:
(1) RCWI0.14.120 Disobedience of order - Penalties.
(2) RCWI0.14.170 Criminal penalty.
(3) RCW 10.31.030 Service - How - Warrant not in possession. procedure - Bail.
(4) RCW 10.31.040 Officer may break and enter.
(5) RCW 10.31.050 Officer may use force.
(6) RCW 10.31.060 Arrest by telegraph or teletype.
(7) RCW 10.31.100 Arrest without warrant.
(8) RCW 10.99.010 Purpose - Intent.
(9) RCW 10.99.020 Definitions.
(10) RCW 10.99.030 Law enforcement officers - Training. powers. duties - Domestic
violence reports.
(11) RCW 10.99.040 Duties of court - No-contact order.
(12) RCW 10.99.045 Appearances by defendant - No-contact order.
Ordinance No 08-
Page 4 of23
(13) RCW 10.99.050 Victim contact - Restriction. prohibition - Violation. penalties-
Written order - Procedures - Notice of change.
(14) RCW 10.99.055 Enforcement of orders.
(15) RCW 10.99.060 Prosecutor's notice to victim - Description of available procedures.
(16) RCW 10.99.070 Liability of peace officers.
SECTION 7. A new section is added to Chapter 6, Article I, of the Federal Way City
Code to read as follows:
6-11 Bail forfeiture
A court may accept. in an amount and through a process agreed to by the parties, a forfeiture of
bail as a final disposition of a criminal charge or an infraction under this Code when agreed to by
both the prosecutor and the defendant or respondent. A court may accept a forfeiture of bail as a
final disposition of a criminal charge under this Code when the defendant fails to respond to a
notice or summons to appear. having previously posted a bail amount; one year has passed: and
the prosecutor agrees.
SECTION 8. A new section is added to Chapter 6, Article I, of the Federal Way City
Code to read as follows:
6-12 Probation violations.
It is a misdemeanor for any person who has been convicted of a criminal offense, and has
been placed, and remains. on probation in connection with a suspended or deferred sentence
by a court to knowingly violate any provision of a court's probation order.
SECTION 9. A new section is added to Chapter 6, Article I, of the Federal Way City
Code to read as follows:
6-13 Jurisdiction
The following persons are subiect to punishment:
1. A person who commits in the city any crime as defined by ordinance. in whole or part:
2. A person who commits out of the city any act which. if committed within it. would be theft
and is afterward found in the city with any of the stolen property:
3. A person who being out of the city. counsels. causes, procures. aids. or abets another to
" commit a crime in the city:
4. A person who commits an act without the city which affects persons or property within the
city which. if committed within the city. would be a crime.
SECTION 10. Chapter 6, Article IV, Section 6-86, ofthe Federal Way City Code (FWRC
6.10.040) shall be amended to read as follows:
6-86 Statutes adopted.
Ordinance No 08-
Page 5 of23
The following state statutes, including all future amendments, additions or deletions, are
adopted by reference:
(1) RCW 69.41.020, Prohibited acts - Information not privileged communication.
(2) RCW 69.41.030, Sale, delivery, or possession of legend drug without prescription or
order prohibited - Exceptions.
(3) RCW 69.41.040, Prescription requirements - Penalty.
(4) RCW 69.41.050, Labelling requirements.
(5) RCW 69.41.320, Practitioners - Restricted use - Medical records.
(6) RCW 69.41.350, Penalties.
(7) RCW 69.43.105, Ephedrine, pseudoephedrine, phenylpropanolamine - Sales restrictions
- Exceptions - Penalty.
(8) RCW 69.43.010, Report to state board of pharmacy - List of substances - Modification
of list - Identification of purchasers - Report of transactions - Penalties.
(9) RCW 69.43.020, Receipt of substance from source outside state - Report - Penalty.
(10) RCW 69.43.030, Exemptions.
(11) RCW 69.43.035, Suspicious transactions - Report - Penalty.
(12) RCW 69.43.043, Recordkeeping requirements - Penalty.
(13) RCW 69.43.090, Permit to sell, transfer, furnish, or receive substance - Exemptions -
Application for permit - Fee - Renewal- Penalty.
(14) RCW 69.43.110, Ephedrine, pseudoephedrine, phenylpropanolamine - Sales restrictions
- Penalty.
(15) RCW 69.43.120, Ephedrine, pseudoephedrine, phenylpropanolamine - Possession of
more than fifteen grams - Penalty - Exceptions.
(16) RCW 69.43.170, Ephedrine, pseudoephedrine, phenylpropanolamine - Pilot project to
record retail transactions - Penalty.
(17) RCW 69.50.101, Definitions.
(18) RCW 69.50.204(d)(13), Schedule I Marijuana.
(19) RCW 69.50.309, Containers.
(20) RCW 69.50.4014, Possession of forty grams or less of marijuana - Penalty.
(21) RCW 69.50.412, Prohibited acts: E - Penalties.
(22) RCW 69.50.505, Seizure and forfeiture.
(23) RCW 69.50.506, Burden of proof.
(24) RCW 69.50.509, Search and seizure of controlled substances.
(Ord. No. 91-89, S 1(9.14.010),3-5-91; Ord. No. 99-362, S 2, 12-21-99; Ord. No. 02-429, S
4, 11-19-02; Ord. No. 04-458, S 3,2-3-04; Ord. No. 04-463, S 2, 8-3-04; Ord. No. 05-508, S 1,
11-1-05)
SECTION 11. Chapter 6, Article IV, Section 6-91, ofthe Federal Way City Code (FWRC
6.10.090) shall be amended to read as follows:
6-91 Drug-related loitering.
(a) It is unlawful for any person to loiter in or near any thoroughfare, place open to the public,
or near any public or private place in a manner and under circumstances manifesting the intent to
engage in drug-related activity contrary to any of the provisions of Chapter 69.41, 69.50, or
69.52 RCW.
Ordinance No 08-
Page 60f23
(b) Among circumstances which may be considered to determine whether such intent is
manifested are:
(1) Such person is known to use, possess, or sell illegal drugs. For purposes of this chapter,
a "person known to use, possess, or sell illegal drugs" is a person who has been convicted in any
court within this state of any violation involving the use, possession or sale of any of the
substances referred to in Chapters 69.41, 69.50, and 69.52 RCW, or substantially similar laws of
any political subdivision of this state or of any other state; or a person who displays physical
characteristics of drug intoxication or usage, such as "needle tracks"; or a person who possesses
drug paraphernalia as defined in FWCC 6-88;
(2) Such person behaves in such a manner as to raise a reasonable suspicion that he or she is
about to engage in or is engaged in an unlawful drug-related activity, including but not limited to
acting as a "lookout";
(3) Such person is physically identified by the officer as a member of a "gang" or
association which has as its purpose illegal drug activity;
(4) Such person transfers small objects or packages for currency in a furtive fashion;
(5) Such person takes flight upon the appearance of a police officer;
(6) Such person manifestly endeavors to conceal himself or herself or any object which
reasonably could be involved in an unlawful drug-related activity;
(7) The area or premises involved is known by law enforcement to be an area of unlawful
drug use and trafficking, known either by public reputation or by reports to law enforcement of
suspected drug activity pursuant to Chapter 69.52 RCW;
(8) Any vehicle involved is registered to a person known to use, possess or sell illegal
drugs, or a person for whom there is an outstanding warrant for a crime involving drug-related
activity.
(c) Any person who violates the provisions of this section is guilty of a misdemeanor aaa,
upon conviction, shall bo imprisoned for up to 90 days and be subj ect to a fine for not more than
$1,000.
(Ord. No. 06-518, ~ 1,3-7-06)
SECTION 12. Chapter 6, Article VII, Section 6-161, of the Federal Way City Code
(FWRC 6.40.010) shall be amended to read as follows:
6-161 Frauds and swindles.
The following state statutes, including all future amendments, additions or deletions, are
adopted by reference:
(1) RCW 9.04.010, False advertising.
(2) RCW 9.12.010, Barratry.
(3) RCW 9.12.020, Buying, demanding, or promising reward by district judge or deputy.
(4) RCW 9.45.060, Encumbered, leased or rented personal property.
(5) RCW 9.45.070, Mock auctions.
(6) RCW 9.45.080, Fraudulent removal of property.
(7) RCW 9.45.090, Knowingly receiving fraudulent conveyance.
(8) RCW 9.45.100, Fraud in assignment for benefit of creditors.
(9) RCW 9.26A.120, Fraud in operating coin-box telephone or other receptacle.
(10) RCW 9.26A.130, Penalty for manufacture or sale of slugs to be used for coin.
Ordinance No 08-
Page 70f23
(11) RCW 9A.56.330, Possession of another's identification.
(12) RCW 9.60.010, Definitions.
(13) RCW 9A.60.040, Criminal impersonation in the first degree.
(14) RCW 9A.60.045, Criminal impersonation in the second degree.
(15) RCW 9A.60.050, False certification.
(16) RCW 19.48.110, Obtaining hotel, restaurant, lodging house, ski area, etc.,
accommodations by fraud Penalty.
fl-+1-RCW 74.08.331, Unlawful practices - Obtaining assistance - Disposal of realty -
Penalties.
(Ord. No. 91-89, ~ 1(9.22.010),3-5-91; Ord. No. 95-254, ~ 1, 12-5-95; Ord. No. 00-374, ~ 4,
9-19-00; Ord. No. 04-458, ~ 4, 2-3-04; Ord. No. 04-463, ~ 3, 8-3-04)
SECTION 13. Chapter 6, Article VI, Section 6-138, of the Federal Way City Code shall
be amended to read as follows:
6-138 Weapons prohibited on liquor sale premises.
(a) It is a misdemeanor for anyone, on or in any premises in the city where alcoholic beverages
are dispensed by the drink to:
(1) Carry in any manner any firearm, rifle or handgun, whether such person has a license or
permit to carry such firearm or not, and whether such firearm is concealed or not in that portion
of an establishment classified by the state liquor control board as off-limits to persons under 21
years of age;
(2) Carry any knife, sword, dagger or other cutting or stabbing instrument, with a blade of a
length of three inches or more, or any razor with an unguarded blade, whether such weapon or
instrument is concealed or not;
(3) Carry any instrument or weapon of the kind usually known as a slingshot, taser, throwing
star, bow, sand club, blackjack, metal knuckles, or any stick, chain, metal pipe, bar, club or
combination thereof including a device known as numchuk sticks, or any like device having the
same or similar components or parts, whether or not connected by a rope, chain or other device,
or any explosive or any poison or injurious gas, or any other instrument or weapon apparently
capable of producing bodily harm, whether such instrument or weapon is concealed or not.
(b) The provisions of subsection (a) ofthis section shall not apply to or affect the following:
(1) Any lawful act committed by a person while in his or her fixed place of business;
(2) Any person who by virtue of his or her office or public employment is vested by law with a
duty to preserve public safety, maintain public order, or to make arrests for offenses, whether
during regular duty hours or not; or
(3) Any person making or assisting in making a lawful arrest for the commission of a felony.
(c) Upon conviction, the weapon or instrument involved may be confiscated by order ofthe court
and shall thereafter be disposed of in accordance with statutes or ordinances governing the
disposal of confiscated or found property.
(Ord. No. 91-89, ~ 1(9.20.030),3-5-91)
Ordinance No 08-
Page 8 of23
SECTION 14. Chapter 6, Article VI, Section 6-139, of the Federal Way City Code shall
be amended to read as follows:
6-139 Firearms prohibited in certain places - Exceptions - Penalty.
(a) It is unlawful for any person to enter the following places when he or she knowingly
possesses or knowingly has under his or her control a firearm:
(1) The restricted access areas of a jail, or of a law enforcement facility, or any place used for the
confinement of a person:
a. Arrested for, charged with, or convicted of an offense;
b. Charged with being or adjudicated to be a juvenile offender as defined in RCW 13.40.020;
c. Held for extradition or as a material witness; or
d. Otherwise confined pursuant to an order of a court, except an order under Chapter 13.32A or
13.34 RCW.
Restricted access areas do not include common areas of egress or ingress open to the general
public.
Exception. This subsection does not apply to a person licensed pursuant to RCW 9.41.070 who,
upon entering the place or facility, directly and promptly proceeds to the administrator of the
facility or the administrator's designee and obtains written permission to possess the firearm
while on the premises or checks his or her firearm. The person may reclaim the firearms upon
leaving but must immediately and directly depart from the place or facility.
(2) A courtroom or judge's chamber, while either is being used for any judicial proceeding. This
does not include common areas of egress and ingress of the courthouse.
Exception. This subsection does not apply to a judge or court employee or to any person licensed
under RCW 9.41.070 who, before entering the restricted area, directly and promptly proceeds to
the court administrator or the administrator's designee and obtains written permission to possess
the firearm.
(3) The restricted access areas of a public mental health facility certified by the department of
social and health services for inpatient hospital care and state institutions for the care of the
mentally ill, excluding those facilities solely for evaluation and treatment. Restricted areas do not
include common areas of egress and ingress open to the general public.
Exception. This subsection does not apply to any administrator or employee of the facility or to
any person who, upon entering the place or facility, directly and promptly proceeds to the
administrator of the facility or the administrator's designee and obtains written permission to
possess the firearm while on the premises.
(4) That portion of an establishment classified by the state liquor control board as off-limits to
persons under 21 years of age.
Exception. This subsection does not apply to the proprietor of the premises or his or her
employees while engaged in their employment.
(5) Tho couneil chambers of tho eity council.
(b) The provisions ofthis section do not apply to:
(1) A person engaged in military activities sponsored by the federal or state governments while
engaged in official duties;
(2) Law enforcement personnel; or
(3) Security personnel while engaged in official duties.
(c) Any person violating this section is guilty of a ~misdemeanor.
Ordinance No 08-
Page 9 of23
SECTION 15. Chapter 6, Article VI, Section 6-140, of the Federal Way City Code shall
be amended to read as follows:
6-140 Discharge of firearms prohibited.
(a) It is unlawful for any person to knowingly discharge a firearm where there is a reasonable
likelihood of i eopardy to people. property, or animals within the city.
(b) The provisions of this section do not apply to:
(1) A person engaged in military activities sponsored by the federal or state governments, while
engaged in official duties;
(2) Law enforcement personnel; or
(3) Security personnel while engaged in official duties;
(4) A person utilizing a properly licensed instructional, membership and/or commercial shooting
range.
(Ord. No. 91-89, 9 1(9.20.050),3-5-91)
SECTION 16. Chapter 6, Article VII, Section 6-163, ofthe Federal Way City Code shall
be amended to read as follows
6-163 Forgery, nonfelony.
(a) A person is guilty of forgery, nonfelony, if, with intent to injure or defraud:
(1) He falsely makes, completes, or alters a written instrument; or
(2) He possesses, utters, offers, disposes of, or puts off as true a written instrument that he
knows to be forged; or
(3) The total amount ofloss by the victims of the forgery is less than $10600.00.
(b) Forgery, nonfelony, is a gross misdemeanor.
(c) This section is intended to supplement city jurisdiction in cases of forgery declined by the
county. If a person is charged with forgery under state law for a particular incident, they shall not
be charged under this section. If a state agency wishes to charge a forgery case under state law
the city shall dismiss its case to allow that to happen.
(Ord. No. 02-429, 9 5, 11-19-02)
SECTION 17. A new section is added to Chapter 6, Article VII, of the Federal Way City
Code (FWRC 6.40.050) to read as follows:
6-165 rFWRC 6.40.0501 Massa!!e practitioners.
It shall be unlawful for any person to practice or represent himself or herself as a massage
practitioner without first applying for and receiving a license to practice from the State
Department of Licensing. RCW 18.108.190 is adopted by reference. To the extent authorized
by RCW 18.108.190. city law enforcement officers shall have the authority to inspect the
premises of any business where massages are given. Failure to have a license as required by this
section is a misdemeanor.
Ordinance No 08-
Page 10 of23
SECTION 18. A new section is added to Chapter 6, Article VII, ofthe Federal Way City
Code (FWRC 6.40.060) to read as follows:
6-166rFWRC 6.40.0601 Crimes involvin2 businessre2ulations
The following state statutes are adopted by reference:
(1) RCW 19.48.110. Obtaining hotel, restaurant. lodging house, ski area, etc.,
accommodations by fraud - Penalty
(2) RCW 19.60.066. Prohibited acts - Penalty.
SECTION 19. A new section is added to Chapter 6, Article VII, ofthe Federal Way City
Code (FWRC 6.40.070) to read as follows:
6-167 rFWRC 6.40.0701 Crimes involvin2 pawnbrokers and secondhand dealers.
Every pawnbroker or secondhand dealer and every clerk, agent or employee of such pawnbroker
or secondhand dealer, who commits the following acts is guilty of a misdemeanor:
(1) Falsifies, obliterates, destroys or removes from his or her place of business such book or
record~
(2) Refuses to allow a representative of the law enforcement authority for the city to inspect the
same, or any goods in his or her possession, during the ordinary hours ofbusiness~
(3) Reports any material falsely to the law enforcement authority for the city;
(4) Fails before close of business on the first day ofthe week to furnish the law enforcement
authority for the city with a full, true and correct transcript of the record of all transactions had
during the past business week~
(5) Fails to report forthwith to the law enforcement authority for the city that possession of any
property which he or she may have good cause to believe has been lost or stolen. together with
the name ofthe owner, ifknown. and the date when received, and the name ofthe person from
whom the same was received~
(6) Removes or allows to be removed from his or her place of business except upon redemption
by the owner thereof. any property received within five years after receipt thereof has been
reported to the law enforcement authority for the city;
(7) Receives any property from any person which he or she has good cause to believe is lost or
stolen;
(8) Refuses to return property which has been identified as stolen or pawned without
authorization, to any person the pawnbroker. a clerk or employee knows to be the rightful owner.
or to charge a fee for the return of such property to the rightful owner~
(9) Violates any provision of FWCC Chapter 9, Article V fFWRC Chapter 12.15) by an act of
either omission or commission.
Ordinance No 08-
Page 11 of23
SECTION 20. A new section is added to Chapter 6, Article VIII, of the Federal Way City
Code to read as follows:
6-194 Violation of no contact and protection orders.
It is a grOSS misdemeanor to wilfully disobey atemporarv or permanent no contact or protection
order issued pursuant to Chapter 10.99 RCW or Chapter 26.50 RCW.
SECTION 21. Chapter 6, Article X, Section 6-236, of the Federal Way City Code
(FWRC 6.45.010) shall be amended to read as follows:
6-236 Definitions.
The definitions in this section apply throughout this chapter unless the context clearly requires
otherwise. Terms not defined here are defined according to FWCC 1-2.
The f{)llowing vlOrds, terms and phrases, when used in this artic1e,shaU have the meaflings
asoribed to them in this seotion, exoept ,;;here the oontext clearly indieates a differCftt: meaning:
Act of prostitution or prostitution means shall mean engaging, offering to engage, or agreeing to
engage in sexual contact or sexual conduct with any person in return for a fee.
Actor means shall mean a person who engages in conduct in violation of this article.
Exposed means shall mean the state of being revealed, exhibited or otherwise rendered to public
VIew.
Expressive dance means shall mean any dance which, when considered in the context of the
entire performance, constitutes an expression of theme, story, or ideas, but excluding any dance
such as, but not limited to, common barroom-type topless dancing which, when considered in the
context of the entire performance, is presented primarily as a means of displaying nudity as a
sales device or for other commercial exploitation without substantial expression of theme, story
or ideas, and the conduct appeals to the prurient interest, depicts sexual conduct in a patently
offensive way and lacks serious literary, artistic, political or scientific value.
Fee means shall mean money, any negotiable instrument, any good or service having value, or
any other consideration.
Known prostitute or panderer means shall mean a person who, within one year prior to the date
of arrest for a violation of this article, has been convicted of '/iolating a criminal violation of any
ordinance or law of any jurisdiction within the state of defining and punishing prohibiting acts of
soliciting, committin&. or offering or agreeing to commit prostitution.
Person shall mean and include natural persons of either sex, firms, oorporatioRs and all
associations of natural persons, whether acting by themselves or by an agoot, servant or
employee.
Sexual conduct means shall mean:
-
(1) Sexual intercourse within its ordinary meaning, occurring upon any penetration, however
slight;
(2) Any penetration of the vagina or anus, however slight, by an object, when committed on
one person by another, whether such persons are of the same or opposite sex, except when such
penetration is accomplished for medically recognized treatment or diagnostic purposes;
(3) Any act of sexual contact between persons involving the sex organs of one person and the
mouth or anus of another whether such persons are of the same or opposite sex; and
Ordinance No 08-
Page 12 of23
(4) Masturbation, manual or instrumental, of one person by another.
Sexual contact means shall moan any touching of the sexual or other intimate parts of a person
done for the purpose of gratifying sexual desire of either party.
(Ord. No. 90-53, S 1,4-17-90; Ord. No. 91-89, S 1(9.30.010),3-5-91; Ord. No. 91-94, S 1,5-7-
91)
SECTION 22. Chapter 6, Article X, Section 6-237, of the Federal Way City Code
(FWRC 6.45.020) shall be amended to read as follows:
6-237 Indecent exposure.
(a) A person is guilty of indecent exposure if he or she intentionally makes any open and
obscene exposure of his person or her person or the person of another knowing that such conduct
is likely to cause reasonable affront or alarm. The act of breast-feeding or expressing breast milk
is not indecent exposure.
(b) Indecent exposure to a person under the age of 14 years is a gross misdemeanor.
(c) Indecent exposure to a person aged 14 years or older is a misdemeanor.
(d) For purposes ofthis section. "obscene exposure" includes. but is not limited to:
(1) Exposure of any portion of the human anus or genitals:
(2) Exposure of any portion of the female breast lower than the upper edge of the areola:
(3) Exposure consisting oftouching. caressing or fondling of the male or female genitals
or female breasts. whether clothed or unclothed:
(4) Exposure consisting of masturbation:
(5) A public urination or defecation in a place other than a restroom.
(Ord. No. 91-89, S 1(9.30.020), 3-5-91; Ord. No. 00-374, S 8,9-19-00; Ord. No. 02-429, ~ 7,
11-19-02)
SECTION 23. Chapter 6, Article X, Section 6-239, of the Federal Way City Code
(FWRC 6.45.040) shall be amended to read as follows:
6-239 Prostitution - Unlawful acts - Penalty.
(a) It is unlawful for anyone to:
(1) Intentionally engage in or offer or agree to engage in an act of prostitution;
(2) Intentionally secure or offer to secure another person for the purpose of engaging in an act of
prostitution;
(3) Intentionally transport a person into or within the city with the purpose of promoting that
person's engaging in an act of prostitution, or procuring or paying for transportation with that
purpose;
(4) Intentionally receive, offer or agree to receive a person into any place or building for the
purpose of performing an act of prostitution, or to knowingly permit a person to remain there for
any such purpose;
(5) Intentionally direct a person to any place for the purpose of engaging in an act of prostitution;
(6) Intentionally in any way aid, abet or participate in an act of prostitution;
(7) Remain in or near any street, sidewalk, alleyway or other place open to the public with the
intent of engaging in, inducing, enticing, soliciting or procuring a person to commit an act of
Ordinance No 08-
Page 13 of23
prostitution. Among the circumstances which may be considered in determining whether the
actor intends such prohibited conduct are:
a. The actor repeatedly beckons to, stops or attempts to stop, or engages passersby in
conversation, or repeatedly stops or attempts to stop motor vehicle operators by hailing, waving
of arms or any other bodily gesture;
b. The actor circles an area in a motor vehicle and repeatedly beckons to, contacts, or attempts to
stop pedestrians;
c. The actor inquires whether a potential patron, procurer or prostitute is a police officer,
searches for articles that would identify a police officer, or requests the touching or exposing of
genitals or female breasts to prove that the person is not a police officer;
(8) Intentionally enter or remain in any area of prostitution in violation of a condition of
sentence;
(9) Intentionally permitting prostitution if, having possession or control of premises which he
knows are being used for prostitution purposes, he fails without lawful excuse to make
reasonable effort to halt or abate such use.
(b) Prostitution or permitting prostitmion A violation of any part of this section is a
misdemeanor. .
SECTION 24. Chapter 6, Article X, Section 6-240, of the Federal Way City Code is
hereby repealed as follows:
(j 240 Prostitutio8 Probatio8 violatio8s.
(a) As used in this section, "probationer" means any person ',,'-'Ho, after con'liction of a ','iolation
ofthis article, King County Code Chapter 12.63.. or Chapter 9}~.88 ReV!, or has been plaoed on
probation in oonnection with the suspension or deferral of sentence by either a district or
munioipal court of this county or the county superior court.
(b) \Vheneyer a police officer shall have probable cause to believe that a probationer, prior to the
termination of the period of his or her probation, is, in such officer's presence, yiolating or
failing to comply with any requirement or restriction imposed by the C01:trt as a condition of such
probation, such officer may cause the probationer to be bro:l:lght before the court wherein
sentence was deferred or suspended, and f-or such purpose such police officer may arrest such
probationer 'Nithout v/arrant or other process.
SECTION 25. Chapter 6, Article X, Section 6-242, of the Federal Way City Code shall
be amended to read as follows:
6-242 Patronizing a prostitute.
A person is guilty of the misdemeanor of patronizing a prostitute if:
(1) Pursuant to a prior understanding he or she intentionally pays a fee to another person as
compensation for such person or a third person having engaged in sexual conduct or sexual
contact with him or her;
(2) He or she intentionally pays or agrees to pay a fee to another person pursuant to an
understanding that in return therefor exchange such person or a third person will engage in
sexual conduct or sexual contact with him or her; or
Ordinance No 08-
Page 14 of23
(3) He or she intentionally solicits or requests another person to engage in sexual conduct or
sexual contact with him or her or a third person in return for a fee.
SECTION 26. Chapter 6, Article X, Section 6-246, of the Federal Way City Code shall
be amended to read as follows:
6-246 Stay out of areas of prostitution orders.
(aD Stay out of areas of prostitution orders, hereinafter known as "SOAP" orders, may be issued
by the Federal Way municipal court to anyone charged with or convicted of prostitution or
permitting prostitution under FWCC 6-239, patronizing a prostitute under FWCC 6-242, or a
criminal violation of any ordinance or law of any iurisdiction within the state prohibiting acts of
soliciting, committing, or offering or agreeing to commit prostitution, as a condition of pre-trial
release, as a condition of a diversion agreement, or as a condition of sentence or other post-
conviction disposition.
(b) SOAP orders may be issued by the Federal Way municipal court to anyone convicted of
prostitution or permitting prostitution under F'NCC 6 239.
(e) 'Wheneyer a police officer shall have hM..probable cause to belieye that a person has received
a SOAP order as a pre trial release or a condition of sentence, and the violation or failure to
comply',.yith any requirement or restriction imposed by the eol:lrt as a eOl'ldition of s\:1:eh pre trial
release or condition of sentence is observed by the officer, such officer may arrest the yiolator
withm:lt warrant or other process for violation ofthe SOAP order pursuant to subsection (g) of
this section, and bring such person before the col:lrt issuil'lg the order.
(d) The illASOAP order shall warn the person named in the order to stay out ofthe following
"high risk prostitution area", in substantially similar form:
The entire area which extends 1,000 feet east of the eastern edge of the right-of-way of State
Route 99, and 1,000 feet west of the western edge of the right-of-way of State Route 99, and
including the entire right-of-way of State Route 99, also known as Pacific Highway, throughout
the city limits of Federal Way as shown on the map attached to the ordinance codified in this
section as an exhibit and on file with the city clerk's office. (This shall extend from the
northmost city line to the southmost city line.)
(3) The written SOAP order shall contain the court's directive and shall bear the legend, in
substantially similar form: "Violation ofthis order is a criminal offense under FWCC 6-236 and
will subiect the violator to arrest."
(4) A SOAP order may allow the person named to cross the high risk prostitution area while
traveling directly across from east to west or west to east without stopping, and only to the extent
necessary to facilitate travel from one area outside the high risk prostitution area to another.
-fet-ill A person is deemed to have notice of the SOAP order when:
€Bill The signature of the person named in the order or his/her attorney is affixed to the bottom
of the order, signifying that he/she has read the order and has knowledge ofthe contents of the
order; or
~@ The order recites that the person named in the order or the person's attorney appeared in
person before the court.
(f) The written SO"\}> order shall eontain the court's directive and shall bear the legend:
"Violation of this order is a criminal offense under F'NCC 6 236 and will subject the yiolator to
arrest."
Ordinance No 08-
Page 15 of23
(g) '.Vhenever a SOAP order is issued under this section, and the person named in the order
knows of the order, a (6) A knowing violation of the provisions of the a SOAP order is a
misdemeanor.
SECTION 27. A new section is added to Chapter 6, Article XI, of the Federal Way City
Code to read as follows:
6-273 Unlawful acts a2ainst police department animal- Penalty for violation.
No person shall willfully hit kick. strike. iniure. harass. obstruct or otherwise interfere with the
use of any animal used by a police department for police work. Any person who violates this
section is guilty of a misdemeanor.
SECTION 28. Chapter 6, Article XII, Section 6-291, of the Federal Way City Code
(FWRC 6.55.010) shall be amended to read as follows:
6-291 Disorderly conduct.
RCW 9A.84.030, including all future amendments, additions or deletions is adopted by
reference. (Ord. No. 91-89, ~ 1(9.34.010),3-5-91; Ord. No. 00-374, ~ 15,9-19-00) 07-561
SECTION 29. A new section is added to Chapter 6, Article XII, of the Federal Way City
Code (FWRC 6.55.055) to read as follows:
6-296 rFWRC 6.55.0551 Disorderlv conduct in a park.
A person is guilty of disorderly conduct in a park ifhe or she. while in a public park:
(1 ) Intentionally and without lawful authority makes noise which unreasonably disturbs
others;
(2) Intentionally engages in any conduct which tends to or does disturb the public peace.
provoke disorder or endanger the safety of others;
(3) Challenges another person to fight or fights bv agreement. except as part of an organized
athletic event: or
(4) Fails to leave a park when directed to do so by a City of Federal Way parks employee or a
police officer.
SECTION 30. Chapter 11, Article III, Section 11-69, of the Federal Way City Code is
hereby repealed as follows:
11 69 Disorderly eOBduet.
1'.. person is guilty of disorderly conduct in a park ifhe or she:
(1) Uses abusive language and thereby intentionally creates a risk of assault;
(2) Intentionally disrupts any lavlfal assembly or meeting of persons ':/ithout authority;
(3) Intentionally obstructs yehicular or pedestrian traffic without lawful authority;
Ordinance No 08-
Page 16 of23
(1) Intentionally and without lawful authority makes noise which unreasonably disturbs
others;
(5) Intentionally engages in any conduct v/hich tends to or does disturb the public peace,
provoke disorder or endanger the safety of others;
(6) Challenges another person to fight, or fights by agreement, except as part of an organized
athletic eyent; or
(7) Fails to lea','e a park "vhen directed to do so by a city ofFedera:l 'Nay parks Olnployee or a
police officer. (Ord. No. 91 82, ~ 1(9)(A), 1 8 91; Ord. No. 01 396, ~ 6, 7 3 01)
SECTION 31. Chapter 11, Article III, Section 11-70, of the Federal Way City Code is
hereby repealed as follows:
11 70 Unlawful pRblie exposure.
(a) It is unlmyful for any person to intentionally commit any act constituting rmlawful public
exposare of his or her person or the person of another. Unlawful public expOSlH'e is a
misdemeanor, unless such person exposes himself or herselfto a person l:lilder the age of 14
years, in whieh case the offense is a gross misdemeanor.
(b) For the purposes of this section, the pm-ase "rmlawful public exposlH'e" means:
(l) J'.. pub lie exposure of any portion ofthe human anus or genitals;
(2) A public exposare of any portion of the female breast lower than the upper edge of the areola;
(3) J'~ public exposare consisting ofto'l:1:ching, caressing or f-ondling ofthe male or female genitals
or female breasts, whether clothed or unclothed;
(1) A publio exposure consisting of masturbation;
(5) "^~ public urination or defeoation in a place other than a restroom. (Ord. No. 91 82, ~ 1(9)(B),
I 8 91; Ord. No. 01 396, ~ 7, 7 3 01)
SECTION 32. Chapter 11, Article III, Section 11-72, of the Federal Way City Code shall
be amended to read as follows:
11-72 Firearms aad fireworks. Fireworks. explosives. and proiectile weapons
Firearms, The possession or use of fireworks, bows, arrows.. airguns, explosives of any kind. and
sling-shots aFeIDrohibited in any park. It is unlawful to shoot, fire or explode any firearms,
fireworks, firecracker, torpedo or oxplosive of any kind or carry any firearms or to shoot or fire
any airgun, bows, and arrows, BB grm or use any slingshot in any park. The director of parks
may issue permits for fireworks displays and the use of safe fireworks in specified areas where
fire hazards will not be increased.. and where the use ofthe fireworks will be under proper
supervision.. and where the provisions ofFWCC chapter 8 article IV are met. are permitted
pursuant to FWCC 8 111. Fireworks displays may be permitted by the director as permitted
pursuant to F'NCC 8 141. This section shall not prevent establishment in any park ofa properly
designed archery course, upon receipt or permission from pursuant to the requirements ofthe
director.
Ordinance No 08-
Page 17 of23
SECTION 33. Chapter 11, Article III, Section 11-76, of the Federal Way City Code is
hereby repealed as follows:
11 7& Loitering.
Loitering is prohibited in restrooms and bathhouses in park and reereatioR facilities. (Ord. No.
91 82, ~ 1(11), 1 8 91)
SECTION 34. Chapter 13, Article V, Section 13-122, ofthe Federal Way City Code shall
be amended to read as follows:
13-122 Violations and penalties.
(1) A person commits the offense of unlawful right-of-way activity ifthe person knowingly
organizes or participates in an activity on public rights-of-way in violation of this article.
(2) A person commits the offense of interfering with aft a right-of-wav activity if the person
knowingly blocks, obstructs, hinders, impedes the passage of, or throws objects on or toward an
activity on public right-of-way or its participants; except that a person may operate a vehicle that
is not part of the activity between the vehicles or persons comprising an activity if directed to do
so by a police officer.
(3) Any person violating or failing to comply with any ofthe provisions of this article is guiltvof
a gross misdemeanor. may be punished by a fine of not more than $5,000 or imprisoned for not
more than six months, or both, for eaeh day or part of a day duriRg whieh the rmlawful aet or
violation occurs. The person may also be ordered to discontin\:le the rmlav;fl:ll act or eorrect the
violation.
(4) Any person who fails to comply with the provisions of this article is, in addition to any
criminal penalties, subject to a maximum civil penalty of $5,000 for each day or portion ofthe
day that the violation continues.
(5) Nothing in this article limits the right of the city to pursue other lawful, criminal, civil or
equitable remedies to abate, discontinue, correct or discourage unlawful acts under or in
violation of this article.
SECTION 35. Chapter 13, Article VI, Section 13-179, of the Federal Way City Code
(FWRC 4.40.040) is hereby repealed as follows.
13 179 Violations deemed misdemeanor.
Any person ';iolating any of the pro';isions of this article, which resl:llts in a hazard to the public
health, safety and welfare, is guilty of a misdemeanor and shall be punished as provided by law.
Each day any side'lIalk is permitted to remain in a hazardous condition shall be considered and
shall constitute a separate violation. (OId. No. 93 188, ~ 1,921 93)
Ordinance No 08-
Page 18 of23
SECTION 36. Chapter 13, Article VII, Section 13-251, of the Federal Way City Code
(FWRC 4.35.130) shall be amended to read as follows:
13-251 Violations deemed misdemeanor.
Any person violating any of the provisions of this article, which results in a hazard to the
public health, safety and welfare is guilty of a misdemeanor and shall be punished as proyided by
law. Damage to each item of vegetation shall be deemed !La separate violation. The value of
damaged vegetation shall be calculated pursuant to the International Society of Arboriculture
Tree Replacement Guide.
(Ord. No. 93-187, S 1,9-21-93)
SECTION 37. Chapter 14, Article IV, Section 14-136, of the Federal Way City Code is
hereby repealed as follows:
14 13() NaBeampliaBee PeBalty.
.Any person, subject to this chapter, who fails or refuses to apply f-or a business license or to
make tax returns or to pay any tax when due, or who makes any false statement or representation
in connection with any s\:leh application f-or a business license or tax return, or ','<,lio othef\vise
yiolates or refuses to comply \-vith this chapter, is gailty of a misdemeanor, and each such person,
is gailty of a separate offense for each and every day or portioFl thereof during '.vhich any
yiolation of any of the provisions of this chapter is committed, continl:led or permitted, and UPOR
conviction of any such violation, such person shall be punishable by a fine not to exceed $350.00
for each day or portion thereof which such person is found guilty of noncompliance ''lith the
provisions of this ehapter. (Ord. No. 02 432, ~ 1, 11 19 02)
SECTION 38. Chapter 14, Article V, Section 14-185, of the Federal Way City Code shall
be amended to read as follows:
14-!...!-8S Noncompliance- Penalty.
Any person, firm or corporation subject to this chapter, who fails or refuses to apply for a
business license... er-te make ~tax returns... or te pay any tax when due,; eF who makes any false
statement or representation in or in connection with any such an application for a business
license or tax return,; or who otherwise violates or refuses to comply with this chapter, is guilty
of a misdemeanor, and each such person, firm or corporation is guilty of a separate offense for
each and every day or portion thereof during which any violation of any of the provisions of this
chapter is committed, continued or permitted, and l:lpon conviction of any sHeh violation, such
person shall be punishable by a fine not to exceed $350.00 for each day or portion thereof which
such person, firm or corporation is f{)und guilty of noncompliance with the provisions of this
chapter. Each day or portion of a day during which a violation occurs, continues. or is permitted
is a separate violation.
(Ord. No. 95-257, S 1, 12-19-95; Ord. No. 96-262, S 1,2-20-96)
Ordinance No 08-
Page 19 of23
SECTION 39. Chapter 15, Article I, Section 15-4, of the Federal Way City Code shall be
amended to read as follows:
15-4 Mandatory criminal traffic civil assessment.
(a) In addition to the criminal penalty provided herein, any person found to have
committed an act designated as a criminal traffic violation under the provisions of this chapter
shall be assessed a civil penalty in the amount of $20.00, in addition to the criminal traffic
penalty required in RCW 46.64.55 and exclusive of any additional costs, fees. or penalties
required to be assessed bv the State of Washington.. Tho funds collected from this ci'/il penalty
shall be transmitted to tho city of Federal 'Nay traffic safety fund for the purpose of funding
p1:1blic safety traffic improvements, includiflg but not limited to installatiofl of school saf-ety
signs, traffic safety signs, traffic speed bmnps, and all such other traffic safety related expenses
as may be incurred by the city and authorized by the city cOUflci1.(b) For the purposes of
this section, "criminal traffic violations under the provisions of this chapter" are defined to be
any violation of this Code or Title 46 RCW that is a misdemeanor or gross misdemeanor. The
court may not reduce. waive, or suspend the additional penalty unless the court finds the offender
to be indigent. the follov,'ing:
(1) Driving with the license from another state while sl:lspended in 'Washington,
FVlCC 15 1 (RC\V 16.20.345);
(2) Hit and run unattended, F'.VCC 15 1 (RC'\' 46.52.020(c));
(3) Actual physical control of a motor vooie1e '.'-'nile under the influence of
intoxicating liquor or drug, RCW 16.61.504;
(4) Driying '.vhile under the infll:lence of intoxicating liquor or drug, RC'N 16.61.501;
(5) Display or possess any fictional or fraudulently altered dri'/er's license, RCW
46.20.0921(1 );
(6) Permit unla'.vful use of driver's license or ill, RCW 46.20.0921(6);
(7) Dri','ing '.vhile license suspended or revoked in the first degree (habitl:la:l traffic
offender), FV1CC 15 1 (RC'.V 46.20.342(1)(a));
(8) Driving '.vhile license suspended or re'loked in the second degree, FWCC 15 1
(RC'N 16.20.342(1)(b));
(9) Driying while license suspended or revoked in the third degree, F'NCC 15 1
(RC\V 46.20.312(1)(c));
(10) \Vilful failure to stop, F'NCC 15 1 (RC'^' 46.61.022);
(11) Failure to surrender a suspended, reyoked or cancelled driver's licOflse or dentification
card, F\VCC 15 1 (RCV146.20.0921(4));
(12) Lending an operator's license to another, FV1CC 15 1 (ReW 46.20.0921(2));
(13) Negligent driving, F'NCC 15 1 (RCV116.61.525);
(11) No yalid operator's license, F\VCC 15 1 (RC'.v 46.20.005);
(15) Failure to surrender license, FWCC 15 1 (RCVl46.20.021(1));
(16) Violation of occupational driyer's license, F\VCC 15 1 (RCVl16.20.410);
(17) Hit and run unattended or property damage, FWCC 15 1 (ReW 16.52.010);
(18) Failure to register 'IMide, F\VCC 15 1 (RC'N 46.16.010(1));
(19) Operating a motor vehicle with suspended registration, FWCC 15 1 (RC\V 46.29.605);
(20) Unlawful representation of driyer's license or identification card, F\VCC 15 1 (RC'N
16.20.0921(3));
Ordinance No 08-
Page 20 of23
(21) Operating a motor yehiole in violation of trip permit requirements, FWCC 15 1 (RC'N
16.16.160); and
(22) Other criminal traffic '/iolations as maybe adopted in the Revised Code of Washington;
all as the-y now exist or as may be hereafter amended, deleted or added thereto.
(Ord. No. 94-207, ~ 1, 1-4-94; Ord. No. 01-391, ~ 2, 6-19-01)
SECTION 40. Chapter 16, Article II, Section 16-38, of the Federal Way City Code is
hereby repealed as follows:
1 & 38 CrimiBal eBfareemeBt.
}..ny person eonvicted of yiolating any proyision of this di'/ision shall be p\:liTished by a fine of
not more than $5,000 or imprisonment for not more than six months, or both, by suoh fine and
imprisonment for each day or part of a day during which the unlawful act or yiolation occurs.
The property owner or other person may also be ordered to discontiooe the unlav;ful act or
oorrect the yiolation. Criminal enforcement is in addition to, and does not limit any other forms
of enforcement ayailable to the city including, but not limited to, eiyil enforcement as specified
herein or Chapter 1 F'NCC, Artiole III, nnisance and injunotion actions, or othor ei'/il or
equitable actions to abate, disoontirme, correct or discourage unla',yful acts in yiolation of this
diyision. (Ord. No. 91 90, ~ 8,3 19 91; Ord. No. 99 342, ~ 10,5 1 99)
SECTION 41. Chapter 17, Article II, Section 17-27, of the Federal Way City Code is
hereby repealed as follows:
17 27 PeBalty far yialatiaB.
}..ny person yiolating or failing to comply with any ofthe provisions ofthis article is guilty of a
misdemeanor and upon conviction thereof shall be punished by a fine in any sum not exceeding
$250.00 or by imprisonment in the oounty jail f-or a period not exceediRg 90 days. (Ord. No. 90
27, ~ 1(6.61.110),2 13 90)
SECTION 42. Chapter 22, Article II, Section 22-128, of the Federal Way City Code is
hereby repealed as follows:
11118 ZaBiBg eitatiaB.
(a) The oode enforcement officer may seek issuance of a zoning citation in either of the
following oircumstances:
(1) There is a yiolation of a posted order to cease actiyity.
(2) If, after the time specified in the notice of violation, the actiyity, oonditions, structure, or
use cited in the notice ofyiolation still does not conform to this chapter.
(b) The citation will be issued to the owner of the property, the occupant or person in charge
of the property and any other person causing or allov/ing the acti','ity, condition, structure or use
to exist or occur. The issuance of a citation initiates criminal proseoution of the violation. (Ord.
No. 90 13, S 2(175.40),2 27 90)
Ordinance No 08-
Page 21 of23
SECTION 43. Severability. Should any section, subsection, paragraph, sentence,
clause, or phrase of this chapter, or its application to any person or situation, be declared
unconstitutional or invalid for any reason, such decision shall not affect the validity of the
remaining portions of this chapter or its application to any other person or situation. The City
Council ofthe City of Federal Way hereby declares that it would have adopted this chapter and
each section, subsection, sentence, clauses, phrase, or portion thereof, irrespective of the fact that
anyone or more sections, subsections, sentences, clauses, phrases, or portions be declared
invalid or unconstitutional.
SECTION 44. Concurrent Legislation. Currently pending ordinances or resolutions may
amend the same sections as does this one; changes made in this ordinance are intended to be in
addition to any changes made by any other ordinance or resolution, this ordinance is not intended
to repeal, reenact, or modify portions of the section that are enacted, repealed, or modified by
any other ordinance or resolution.
SECTION 45. Corrections. The City Clerk and the codifiers of this ordinance are
authorized to make necessary corrections to this ordinance including, but no limited to, the
correction of scrivener/clerical errors, references, ordinance numbering, section/subsection
numbers and any references thereto.
SECTION 46. Ratification. Any act consistent with the authority and prior to the
effective date of this ordinance is hereby ratified and affirmed.
SECTION 47. Effective Date. This ordinance shall take effect and be in force thirty
(30) days from and after its passage and publication, as provided by law.
Ordinance No 08-
Page 22 of 23
PASSED by the City Council of the City of Federal Way this
, 2008_.
ATTEST:
CITY CLERK, CAROL MCNEILLY, CMC
APPROVED AS TO FORM:
CITY ATTORNEY, PATRICIA A. RICHARDSON
FILED WITH THE CITY CLERK: 11-20-2008
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.: 08-
Ordinance No 08-
CITY OF FEDERAL WAY
day of
MAYOR, JACK DOVEY
Page 23 of 23
COUNCIL MEETING DATE: January 6th, 2009
ITEM #: S.m.
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: Resolution directing a final reorganization of the Federal Way City Code
POLICY QUESTION: SHOULD THE CITY COUNCIL DIRECT THE CLERK IN CONJUNCTION WITH CODE
PUBLISHING TO FINALIZE THE REORGANIZATION OF THE FEDERAL WAY CITY CODE?
COMMITTEE: Land Useffransportation Committee
MEETING DATE: Nov. 17th, 2008
CATEGORY:
~ Consent
o City Council Business
o Ordinance
[gI Resolution
o
o
Public Hearing
Other
STAFF REpORT By: AARON WALLS, DEPUTY CITY A ITORNEY
DEPT: Law
Staff has reviewed a draft reorganization of the Federal ,Way City Code and made certain numbering and
organizational changes. The code is ready to be finalized into the new Federal Way Revised Code.
Attachments: Proposed resolution.
Options Considered: I. Recommend approval of the Resolution and forward to the full Council on January
6th, 2009.
2. Modify the proposed Resolution and forward to the full council for first reading.
3. Do not approve the proposed Resolution.
STAFF RECOMMENDATION: Approve Option L
CITY MANAGER APPROVAL:
qGU5ect
Committee Chair
DIRECTOR APPROVAL: ~ 1:&e-
Committee Council
COMMITTEE RECOMMENDATION:
ittee Member
JL.u-
,
Committee Member
PROPOSED COUNCIL MOTION: HI move approval of the proposed Resolution".
(BELOW TO BE COMPLETED BY CiTY CLERKS OFFiCE)
COUNCIL ACTION:
o APPROVED
o DENIED
o TABLEDIDEFERREDINO ACTION
o MOVED TO SECOND READING (ordinances only)
REVISED - 0210612006
COUNCIL BILL #
1ST reading
Enactment reading
ORDINANCE #
RESOLUTION #
COUNCIL MEETING DATE:
ITEM
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: Resolution directing a final reorganization of the Federal Way City Code
POLICY QUESTION: SHOULD THE CITY COUNCIL DIRECT THE CLERK IN CONJUNCTION WITH CODE
PUBLISHING TO FINALIZE THE REORGANIZATION OF THE FEDERAL WAY CITY CODE?
COMMITTEE: PARKS RECREATION & PUBLIC SAFETY
MEETING DATE: Nov. 101\ 200;('3
CATEGORY:
D Consent
D City Council Business
D Ordinance
[8J Resolution
D
D
Public Hearing
Other
~!~!,,-'!_~!Q~!~~~~()N ~~!:-_~, D~PUT~_<;:!:!:Y_~!I2~~~______________~EP!~_~~~..__________________
Staff has reviewed a draft reorganization of the Federal Way City Code and made certain numbering and
organizational changes. The code is ready to be finalized into the new Federal Way Revised Code.
Attachments: Staff report, Ordinance. R.e...5l.A.4~~
Options Considered: 1. Recommend approval of the Grdift8:Rce and forward to the full Council on
December 16th. \4od~+\0'"
2. Modify the proposed BIJimlIlce and forward to the full council for first reading.
3. Do not approve the proposed GFdinanc-e.
_________________ ___.___~sDl~il~___________________
STAFF RECOMMENDATION: Approve Option 1.
CITY MANAGER APPROVAL:
DIRECTOR APPROVAL:
PM-
Council
Conunittee
Council
COMMITTEE RECOMMENDATION:
ROPOSED COUNCIL MOTION: "I move 'Proval of the proposed Resolution n.
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
o APPROVED
o DENIED
o TABLEDIDEFERRED/NO ACfION
o MOVED TO SECOND READING (ordinances only)
REVISED - 02/0612006
COUNCIL BILL #
I ST reading
Enactment reading
ORDINANCE #
RESOLUTION #
COUNCIL MEETING DATE: .
ITEM #:
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: Resolution directing a final reorganization ofthe Federal Way City Code
POLICY QUESTION: SHOULD THE CITY COUNCIL DIRECT THE CLERK IN CONJUNCTION WITH CODE
PUBLISHING TO FINALIZE THE REORGANIZATION OF THE FEDERAL WAY CITY CODE?
COMMITTEE: Finance, Economic Development, and Regional Affairs
MEETING DATE: Nov. 25th, 2008
CATEGORY:
~ Consent
D City Council Business
STAFF REpORT By: AARON
D Ordinance
IZI Resolution
DEPUTY CITY ATTORNEY
D
D
Public Hearing
Other
DEPT: Law
Staff has reviewed a draft reorganization of the Federal Way City Code and made certain numbering and
organizational changes. The code is ready to be finalized into the new Federal Way Revised Code.
Attachments: Staff report and proposed resolution.
Options Considered: 1. Recommend approval of the Resolution and forward to the full Council on January
6th, 2009.
2. Modify the proposed Resolution and forward to the full council for first reading.
3. Do not approve the proposed Resolution.
STAFF RECOMMENDATION: Approve Option 1.
CITY MANAGER APPROVAL:
DIRECTOR APPROVAL: P tll2.
~OMMITTEE RECOMMElW~TION:
11Jr~ -to 4W, -tW \ Q.(
m ~VtJJ
:d:\'\ dtU'\UAY~ It, ux::x~L
.(A ~k- jiMl;DYl - .Q).ll~'
, Committee Member Committee Member
PROPOSED COUNCIL MOTION: "1 move approval of the proposed Resolution n.
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
o APPROVED
o DENIED
o TABLED/DEFERRED/NO ACTION
o MOVED TO SECOND READING (ordinances only)
REVISED - 02/0612006
COUNCIL BILL #
1ST reading
Enactment reading
ORDINANCE #
RESOLUTION #
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
FEDERAL WAY, WASHINGTON, DIRECTING THAT THE
CITY CLERK IN CONJUNCTION WITH THE CODE
REVISER RE-CODIFY AND REORGANIZE THE FEDERAL
WAY CITY CODE INTO THE FEDERAL WAY REVISED
CODE
WHEREAS, the City Of Federal Way Code ("Code") was originally codified in 1993 by
Municipal Code Corporation under Ordinance 93-160, and republished in 2001 by Code Publishing
Company; and;
WHEREAS, the Code Publishing Company continues to be the publisher for the City; and
WHEREAS, the Code is currently codified in a cumbersome format that is not typical of
Washington cities making it more difficult to amend, reference, and more expensive to maintain;
and;
WHEREAS, over the years amendments to the Code have left the current codification of the
code disorganized, with scrivener's errors, incorrect references, and unclear language, and;
WHEREAS, the City Council wishes to organize the Code in a way that is more straight
forward and friendly to users;
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
RESOLVES AS FOLLOWS:
Section 1. Re-codification of the F ederal Way City Code into the F ederal Way Revised Code.
The Clerk and the code revisor are directed to re-codify, reorganize, and republish the city
code as the Federal Way Revised Code as constituted in the draft re-codification as amended by
RES #
, Page 1
subsequent ordinances and this resolution. Notwithstanding any recent amendments which may
indicate otherwise, the re-codified code shall retain the format changes specified in the previous
Resolution including: Subsections and subparagraphs shall be enumerated using the following
sequence and style: (1)(a)(i)(A)(I); and numbering shall be removed from definition lists and the
words defined shall be indented, italicized, and set off with quotation marks. Where recent or
accompanying amendments contain code references, or title/chapter references in brackets after a
non bracket reference, the bracketed language is intended to refer to FWRC and indicate what the
re-codified text should look like.
The Code revisor is directed to removed the phrase "including all future amendments,
additions or deletions" from places where state statutes are adopted by reference.
Additionally the following changes to the draft re-codification should be noted and
implemented:
1. FWRC Chapter 12.40 massage licensing, is repealed.
2. FWRC 16.40 Flood Control should be re-codified as FWRC 19.142 Flood
Control with cross references to FWRC Title 18, Subdivisions, FWRC Title 13 Buildings, and
FWRC Title 16, Surface Water management and visa versa.
3. FWCC 22-938 Erosion and sedimentation regulation, should only appear at
FWRC 7.05.02; FWRC 16.45.020 should be deleted.
4. FWCC 22-977 should be moved to FWRC 19.110.080; FWRC 19.230.150 and
FWRC 19.225.130 should be deleted. Cross-reference FWRC 19.110.080, FWRC 19.230,
FWRC 19.225, and FWRC 19.130.150 (22-1245) and visa versa.
5. FWCC 22-1425 should be in FWRC 19.130.150 only and FWRC 19.230.160 or
RES #
, Page 2
FWRC 19.225.140 should be deleted. Cross reference FWCC 22-1376, FWCC 22-1377 in
FWRC 19.130.150 (FWCC 22-1245)and FWRC 19.110.080.
6. FWRC Title 7 should include cross-referencing to: FWRC Chapter 9.15 (FWCC
Chapter 4 Art Vet seq); FWRC Chapter 6.70 (FWCC Chapter 6 Art XIV section 6-340; FWRC
Chapter 13.05 (FWCC 5-7); FWRC Chap 16.45 (FWCC 22-1201); and FWRC Chap 11.20
(FWCC 12-36).
7. The following sections should be moved to FWRC Title 7: FWRC Chapter 4.40
(FWCC Chapter 13 Art VI, section 13-180); FWRC Chapter 4.35 (FWCC Chapter 13 Art VII
section 13-252); FWRC Chapter 12.25 (FWCC Chapter 9 Art VII Div 1,2 section 9-388); and
FWRC Chapter 12.30 (FWCC Chapter 9 Art VIII Div 1,2 section 9-422).
8 FWRC Chap 7.03 is added by separate ordinance.
9. FWRC Chapter 7.05 should be renamed "Specific public nuisances".
10. The division/subdivision hierarchy should be removed from FWCC 19.35 (FWCC
Ch. 22 art III).
11. Section FWCC 14-138 is repealed. Sections FWRC 3.05.080 and FWRC
12.05.045 should be deleted. (They are combined with FWRC 12.05.040 (FWCC 9-29) by
separate ordinance.)
12. Delete FWRC 16.45.020 (moved to FWRC 7.05.020)
13. Include cross reference in FWRC Ch. 16.45 to FWRC Chap 19.30 (FWRC
19.30.120).
14. In FWRC 9.05.190 (FWCC 4-28) correct internal reference from chapter to title
15. FWRC Chapter 4.30's name is changed to "Activities in the Right-of-way".
RES # , Page 3
16. The following sections have been renumbered per an accompanying ordinance
and the new ordering should be incorporated into the revision: FWCC 21-31 is renumbered
FWCC 21-16.5; FWCC 21-32 is renumbered FWCC 22-16.6; and FWCC 21-33 is renumbered
FWCC 21-16.7.
17. Repeal FWCC 22-1047, cross reference FWRC 19.260 in FWRC 19.270
18. Move sections FWCC 9-207, FWCC 11-69, and FWCC 11-70 to FWRC Title 6
per an accompanying ordinance.
19. Move FWCC 9-44, 9-47, and 9-49 to FWRC 12.05.175, 12.05.185, and 12.05.173
respectively.
Section 2. Adoption. The City of Federal Way adopts the Federal Way Revised Code
upon publication.
Section 3. Severability. If any section, sentence, clause or phrase of this resolution should be
held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or
unconstitutionality shall not affect the validity or constitutionality of any other section, sentence,
clause or phrase of this resolution.
Section 4. Ratification. Any act consistent with the authority and prior to the effective date
of this resolution is hereby ratified and affirmed.
Section 5. Effective Date. This resolution shall be effective immediately upon passage by
the Federal Way City Council.
RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON this day of ,2007.
CITY OF FEDERAL WAY
RES #
, Page 4
MA YOR, JACK DOVEY
ATTEST:
CITY CLERK, CAROL MCNEILLY, CMC
APPROVED AS TO FORM:
CITY ATTORNEY, PATRICIA A. RICHARDSON
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.:
RES #
, Page 5
DATE: November 4th, 2008
TO: Council Members; Planning Commission Members
FROM: Aaron Walls, Deputy City Attorney
SUBJECT: Staff Report on the final reorganization of the Federal Way City Code and
concurrent updates and revisions to the Code.
On November 20th, 2007 City Council authorized the reorganization of the City Code and
correction of various non-substantive errors. Subsequently the City contracted with Code
Publishing Inc. to re-codify the Code. Code Publishing has returned a proof version of the newly
reorganized Code for editing and approval. During the process Code Publishing has identified
about 30 technical errors or duplicative sections to be addressed. There are also some changes to
the organization of certain articles. City Staff have also located sections with errors, unclear
language, and redundancies that should be addressed. In addition, through the process of
working with the Code, a number of areas where updates are needed have been identified. These
were previewed to Management Team in June and July for comments and direction.
The updates have been broken into different ordinances depending on the areas that Council
Committees supervise. The update ordinances that address development regulations or change
language in the zoning code will first be brought to Planning Commission on November 5th,
before going to LUTC on November 17th. Update ordinances addressing issues involving police
and parks will go to the PRHSP committee on November lOth. Update ordinances addressing
issues with financial and business code updates will go to FEDRAC on November 25th. Lastly
each update will be presented before the full Council for first reading on December 2nd and
second reading on December 16th.
A final reorganization resolution will track the updates, going to each council committee. The
resolution will correct organizational and technical errors found in the draft reorganization and
authorize the reorganization to be fmalized. It will be presented on December 16th with the
second reading of the update ordinances.
All Committees
Final Reorganization Resolution
This resolution directs the correction or reorganization of the draft reorganization in areas
such as citation references, numbering, section names, cross references, and section placement.
It recognizes the changes caused to the organization by the various update ordinances and directs
that the format changes previously authorized be applied to them. It then directs publication and
accepts the new Code upon publication.
Land Use and Transportation Council Committee (and Plannine: Commission)
Technical Update
This update corrects numbering errors, grammatical errors, redundant language,
typographical errors, and corrects organization to conform to the new format.
Definitions Update
This update simplifies definitions; corrects typographical errors, citation errors, and
corrects organization to conform to the new format. It also eliminates redundant definitions;
consolidates definitions; moves regulations from definition sections to regulatory sections;
removes unused terms; adds cross references; organizes definitions into separate sections; and
makes definitions consistent with state law where needed. In one case in particular it uses a
single consistent definition of development.
Civil Enforcement, Penalty, Authority, and Procedure Update
This update generally makes civil enforcement, penalties, authority and procedures
consistent; and removes redundancies. Currently civil enforcement, whether for fines or to
review zoning violation decisions, is done through a number of different procedures leading to a
hearing examiner. This update consolidates all of these processes into a single one, so that all of
these types of hearings will operate under the same rules and use the same code sections.
Land Use Decision Process Update
Currently land use decisions are made through a number of processes. Many of these
processes overlap and contain redundant provisions. This update eliminates redundant sections
in the processes, consolidates sections, makes language consistent, and clarifies language. It also
deletes the hearing examiner provisions in process III and instead redirects those hearings to use
the process in process IV. It will also make some minor technical changes such as limiting the
application of interpretations to future land use decisions, clarifying process VI and making it
more compliant with state law, increasing the time it allows the City to consider code
amendment proposals to 90 days, and otherwise making the processes more consistent with state
law.
Nuisance Code update
This update adds sections that generally prohibit nuisances, it makes enforcement
consistent, it collects and organizes nuisance provisions into the Nuisance title, and it cross-
references nuisance provisions.
Parks. Recreation. Cultural Services. and Police Council Committee
Technical and Definitions Update
This update simplifies definitions; corrects typographical errors, citation errors, and
corrects organization to conform to the new format. It also eliminates redundant definitions;
consolidates definitions; moves regulations from definition sections to regulatory sections;
removes unused terms; adds cross references; organizes definitions into separate sections; and
makes definitions consistent with state law where needed.
Animal Code Update
The animal code update is not intended to change policy or make substantive changes. It will
remove redundancies, clarify language, correct references, coordinate provisions, and update and
coordinate the language with the County code. It includes updates to animal code definitions
consistent with other definition updates.
Criminal Law Update
This update makes criminal penalties consistent, removes redundancies; updates
provisions consistent with and coordinated with state law, including updating massage
regulations and firearm provisions., It also updates criminal law definitions, and addresses the
organization of the criminal provisions; moving criminal sections to the criminal code. It adds
language on how to interpret and construct the language in the Code, clarifies jurisdiction, and
adopts relevant state criminal procedures consistent with current practice. It specifically
criminalizes no contact order provisions and probation violations, which is consistent with other
provisions in the law, but is more succinct and clear. It adopts state misdemeanors generally. It
authorizes bail forfeitures. It also updates SOAP provisions to be more workable and more
applicable.
Finance. Economic Develovment. and Re2ional Affairs Council Committee
Technical and Definitions Update
This update simplifies definitions; corrects typographical errors, citation errors, and
corrects organization to conform to the new format. It also eliminates redundant definitions;
consolidates definitions; moves regulations from definition sections to regulatory sections;
removes unused terms; adds cross references; organizes definitions into separate sections; and
makes definitions consistent with state law where needed.
Business Code update
This update removes redundancies, makes language and provisions consistent, and
repeals massage regulations as required by state law. State law currently preempts local massage
practitioner regulations.
Business Code Civil Enforcement and Procedure Update
Generally makes civil enforcement, penalties, authority and procedures consistent;
removes redundancies. Currently civil enforcement, whether for fines or to review licensing
decisions, is done through a number of different procedures leading to a hearing examiner. This
update consolidates all of these processes into a single one, so that all of these types of hearings
will operate under the same rules and the same code. (except for some specific areas such as
alarms and drug seizures).
FEDERAL WAY REVISED CODE OUTLINE COMPARISON
New Federal Way Revised Code is on the left with new or changed text underlined (in red).
Old Federal Way City Code is on the right in italics (in blue).
Changes from draft Revised Code to phase II in fushia.
FEDERAL WAY REVISED CODE
Title 1 General Provisions
Chapter 1.05 - Code Construction
Chapter 1.10 - Criminal Enforcement of Code
Chapter 1.15 - Civil Enforcement of Code
Chapter 1.20 - Claims Against the City
Chapter 1.25 - Appeal Procedure
Chapter 1.30 - Initiative and Referendum Powers
Chapter 1.35 - Annexation
Title 2 Government
Departments. Officials. and Emplovees
Chapter 2.05 - Government in General
Chapter 2.10 - City Council and Mavor
Chapter 2.15 - Municipal Court
Chapter 2.20 - Hearings Examiner
Chapter 2.25 - Police Department
Chapter 2.30 - Community Development Department
Code enforcement officer - Duty to
investigate.
Code enforcement officer - Entrance on
private property.
Chapter 2.35 - Indemnification
Chapter 2.40 - Travel Policy and Procedure
Boards, Committees, and Commissions
Chapter 2.45 - Civil Service Commission
Chapter 2.50 - Arts Commission
Chapter 2.55 - Human Services Commission
Chapter 2.60 - Youth Commission
Chapter 2.65 - Diversity Commission
Chapter 2.70 - Disability Board
Chapter 2.75 - Lodging Tax Advisory Committee
Chapter 2.80 - Independent Salary Commission
Chapter 2.85 - Parks and Recreation Commission
Chapter 2.90 - Planning Commission
Title 3 Revenue and Finance
Taxation
Chapter 3.05 - Taxation Generallv
Chapter 3.10 - Utilities
Chapter 3.15 - Excise Tax on Sales
Chapter 3.20 - Leasehold Tax
Chapter 3.25 - Transient Lodging Tax
Chapter 3.30 - Multifamily Dwelling Unit Limited Property
Tax Exemption
Chapter 3.35 - Sales and Use Tax
Chapter 3.40 - Gambling Activities
FEDERAL WA Y CITY CODE
Chapter 1 General Provisions
Chapter 1 Article I
Chapter 1 Art II
Chapter 1 Art 11/
Chapter 2 Art V
Chapter 2 Art VI
Chapter 2 Art VII
Chapter 19 Art 11/
Chapter 2 Administration
Chapter 2 Art II, IV, X
Chapter 2 Article IV Division 1; Chapter 2 Art I
Chapter 2 Art II
Chapter 1 Art X
Chapter 22 Art II Div 3
Chapter 2 Art IV Div 4
Chapter 22 Art II Div 4; Chapter 22 Art II Div 5 partial
FWCC 22-121
FWCC 22-122
Chapter 2 Art IV Div 2
Chapter 2 Art IV Div 3
Chapter 2 Art III
Chapter 2 Art 11/ Div 1
Chapter 2 Art 11/ Div 2
Chapter 2 Art 11/ Div 3
Chapter 2 Art 11/ Div 4
Chapter 2 Art 11/ Div 5
Chapter 2 Art 11/ Div 6
Chapter 2 Art 11/ Div 7
Chapter 2 Art 11/ Div 8
Chapter 11 Art II
Chapter 22 Art II Div 2
Chapter 7; Chapter 14
Chapter 14
Chapter 14 Art IV Div 1
Chapter 14 Art V
Chapter 14 Art II Div 2
Chapter 14 Art II Div 3
Chapter 14 Art II Div 4
Chapter 14 Art II Div 7
Chapter 14 Art 11/ Div 2; Chapter 14 Art 11/ Div 3
Chapter 14 Art IV Div 2
Finance
Chapter 3.45 - Finance in General
Chapter 3.50 - Funds
Title 4 City Property
Parks and Public Places
Chapter 4.05 - Park Regulations
Chapter 4.10 - Smoking in City Buildings
Chapter 4.15 - Art in Public Places
Streets and Sidewalks
Chapter 4.20 - Vacation of Streets
Chapter 4.25 - Rights-of-Way
Chapter 4.30 - Activities in the Riqht-of-Way
Chapter 4.35 - Right-of-Way Vegetation
Chapter 4.40 - Sidewalks
Title 5 (Reserved)
Title 6 Public Safety and Welfare
Chapter 6.05 - Public Safety and Welfare in General
Chapter 6.10 - Drug. Alcohol. and Poisons
Chapter 6.15 - Vehicles
Chapter 6.20 - Children and Minors
Chapter 6.25 - Firearms and Danqerous Weapons
Chapter 6.30 - Property
Chapter 6.35 - Persons
Chapter 6.40 - Dishonesty
Chapter 6.45 - Public Morals
Chapter 6.50 - Public Officers
Chapter 6.55 - Public Peace
Chapter 6.60 - Fire
Chapter 6.65 - Gamblinq
Chapter 6.70 - Public Nuisance
Chapter 6.75 - Miscellaneous Crimes and Offenses
Title 7 Public Nuisances
Chapter 7.03 - General Public Nuisances
Chapter 7.05 - Specific Public Nuisances
Air quality regulations.
Erosion and sedimentation regulation.
Glare regulation.
Heat regulation.
Odor.
Radiation.
Violations deemed
Violations deemed
Penalty for violation.
Violations.
Chapter 7.10 - Noise
Maximum environmental noise levels.
Noise level bonds.
Chapter 7.15 - Graffiti
Chapter 7.20 - Junk and Junk Vehicles
Junk and junkyards prohibited.
Chapter 7
Chapter 7 Art I
Chapter 7 Art II
Chapter 11, 13
Chapter 11; Chapter 13
Chapter 11 Art /II
Chapter 13 Art /II Div 2
Chapter 2 Art IX
Chapter 13
Chapter 13 Art IV
Chapter 13 Art II
Chapter 13 Art V Div 1, 2
Chapter 13 Art VII
Chapter 13 Art VI
Chapter 6
Chapter 6 Art I
Chapter 6 Art II, IV; Chapter 2 Art V/II
Chapter 15 Art II; Chapter 15 Art X
Chapter 6 Art /II
Chapter 6 Art VI; Chapter 2 Art XI
Chapter 6 Art IX
Chapter 6 Art V/II
Chapter 6 Art VII
Chapter 6 Art X
Chapter 6 Art XI
Chapter 6 Art XII
Chapter 6 Art V
Chapter 6 Art XV
Chapter 6 Art XIV
Chapter 6 Art X/II
Chapter 10
New
FWCC 22-947
FWCC 22-948
FWCC 22-950
FWCC 22-951
FWCC 22-958
FWCC 22-959
Chapter 13 Art VI: 13-180
Chapter 13 Art VII: 13-252
Chapter 9 Art VII Div 1, 2: 9-388
Chapter 9 Art V/II Div 1, 2: 9-422
Chapter 10 Art II
FWCC 22-956
FWCC 22-957
Chapter 10 Art /II
Chapter 15 Art V Div I
FWCC 22-952
Title 8 Traffic and Vehicles
Chapter 8.05 - Traffic and Vehicles in General
Chapter 8.10 - Commute Trip Reduction (CTR)
Chapter 8.15 - Impoundment for No License
Chapter 8.20 - Motorized Foot Scooters
Chapter 8.25 - Bicycles
Chapter 8.30 - Speed Limits
Chapter 8.35 - Cruising
Chapter 8.40 - Street Use Restriction
Chapter 8.45 - Equipment
Chapter 8.50 - Parkinq Generallv
Chapter 8.55 - Fire Lanes
Title 9 Animals
Chapter 9.05 - Administration and Enforcement
Definitions.
Purpose.
Contract with county.
Criminal penalty.
Civil penalty.
Personal obligations.
Costs of enforcement action.
Waiver of fees and penalties.
Additional enforcement.
Euthanasia rate targets.
Canvassing program.
Use of revenue from canvassing program
and sale of juvenile licenses.
Exemptions.
Release from confinement.
Monitoring.
Mandatory spaying and neutering.
Spay/neuter vouchers.
Education.
Breeder certification program.
Chapter 9.10 - Animal Requlations
Cruelty declared unlawful.
Fowl and rabbits.
Livestock.
Exotic animals.
Guard dogs.
Unlawful acts against police department
dogs - Penalty for violation.
Sale or giving away of unaltered dogs and
cats.
Advertisements for unaltered dogs and
cats.
Chapter 9.15 - Animal Nuisances
Chapter 9.20 - Rabies Control
Chapter 9.25 - Dangerous Dogs
Chapter 9.30 - Vicious Animals
Chapter 9.35 - Impoundment
Chapter 9.40 - Animal Licenses
Chapter 9.45 - Animal Related Businesses
Chapter 15
Chapter 15 Art I
Chapter 15 Art VII
Chapter 15 Art VII/
Chapter 15 Art IX
Chapter 15 Art VI
Chapter 15 Art 11/
Chapter 15 Art V Div 3
Chapter 15 Art V Div 4
Chapter 15 Art V Div 2
Chapter 15 Art IV Div 1, 2
Chapter 15 Art IV Div 3
Chapter 4
Chapter 4 Art I (partial) Art II Div 1, 2, 3
FWCC 4-1
FWCC 4-2
FWCC 4-3
FWCC 4-4
FWCC 4-5
FWCC 4-6
FWCC 4-7
FWCC 4-8
FWCC 4-9
FWCC 4-16
FWCC 4-19
FWCC 4-20
FWCC 4-21
FWCC 4-22
FWCC 4-23
FWCC 4-24
FWCC 4-25
FWCC 4-26
FWCC 4-27
Chapter 4 Art I (partial)
FWCC 4-10
FWCC 4-11
FWCC 4-12
FWCC 4-13
FWCC 4-14
FWCC 4-15
FWCC 4-17
FWCC 4-18
Chapter 4 Art V
Chapter 4 Art VII
Chapter 4 Art IV
Chapter 4 Art VI
Chapter 4 Art VIII
Chapter 4 Art 11/
Chapter 9 Art IV Div 1, 2, 3
Title 10 (Reserved)
Title 11 Utilities
Electrical and Communication
Chapter 11.05 - Electric Installation
Chapter 11.10 - Cable Communications Systems
Solid Waste
Chapter 11.15 - Solid Waste in General
Chapter 11.20 - Solid Waste Collection ReQulations
Chapter 11.25 - Solid Waste Collection Companies
Chapter 11.30 - Solid Waste Rates, Charges, and Billing
Procedures
Surface Water Utility
Chapter 11.35 - Surface Water Utility in General
Chapter 11.40 - Surface Water Policy
Chapte~ 11.45 - Surface Water Rates and Charqes
Chapter 11.50 - Surface Water Billinq Procedure
Title 12 Businesses
Chapter 12.05 - Registration
Business registration.
Chapter 12.10 - Adult Entertainment
Chapter 12.15 - Pawnbrokers and Secondhand Dealers
Chapter 12.20 - Private Security Systems
Chapter 12.25 - Temporary Businesses
Chapter 12.30 - Public Dances and Dance Halls
Ch3pter 12.35 M3sS3g0 Businesses
Chapter 12.40 - Bathhouses
Chapter 12.45 - Taxicabs
Chapter 12.50 - Alarms
Chapter 12.55 - Fireworks
Title 13 BuildinQs
BuildinQs and BuildinQ Reaulations
Chapter 13.05 - Buildinqs in General
Chapter 13.10 - Building Requlations Administration
Chapter 13.15 - Building Construction Standards
Chapter 13.20 - Five-Story Wood Frame Buildings
Chapter 13.25 - Plumbing Code
Chapter 13.30 - Mechanical Code
Chapter 13.35 - Existing Buildings
Chapter 13.40 - Swimming Pools - Hot Tubs - Spas
Chapter 13.45 - Moving Buildings
Chapter 13.50 - Electrical Code
Chapter 13.55 - Fire Code
Fire Prevention and Protection
Ch3pter 13.55 Fire Prevention in General
Chapter 13.60 Fire Prevention Administration
Chapter 13.65 Fire Code
Chapter 13.70 Fire ,t\.Iarms and Sprinkler Systems
Chapter 13.75 Smoke Detectors
Chapter 121 16
Chapter 16 Art II Div 2
Chapter 9 Art I XI
Chapter 12
Chapter 12 Art I
Chapter 12 Art II
Chapter 12 Art III
Chapter 12 Art IV
Chapter 16 Art III
Chapter 16 Art 11/ Div 1
Chapter 16 Art 11/ Div 2
Chapter 16 Art 11/ Div 3
Chapter 16 Art 11/ Div 4
Chapter 9
Chapter 9 Art II
FWCC 14-138
Chapter 9 Art 1/1 Div 1, 2, 3, 4
Chapter 9 Art V Div 1, 2, 3, 4
Chapter 9 Art VI Div 1, 2, 3, 4
Chapter 9 Art VII Div 1, 2
Chapter 9 Art VI/I Div 1, 2
Chapter 9 Art !X Div 1, 2, 3, 4
Chapter 9 Art X Div 1, 2, 3, 4
Chapter 17 Art II Div 1, 2, 3A, 38, 3C, 4, 5, 6
Chapter 3
Chapter 8 Art I
Chapter 51 8
Chapter 5
Chapter 5 Art I
Chapter 5 Art II
Chapter 5 Art 1/1
Chapter 5 Art IV
Chapter 5 Art V
Chapter 5 Art VI
Chapter 5 Art VII
Chapter 5 Art VI/I
Chapter 5 Art IX
Chapter 5 Art X
Chapter 5 Art XI
Chapter 8
Ch3ptor 8 Art I, Chaptor 8 Art I! Div 1
Chapter 8 Art!! Dfv 2
Chapter 8 f,rt I! Div 3
Ch3pter 8 Art !I Div 4
Ch3pter 8 Art !I!
Title 14 Environmental Policy
Chapter 14.05 - Environmental Policy in General
Chapter 14.10 - Environmental Policy Administration
Chapter 14.15 - Categorical Exemptions I Threshold
Determinations
Chapter 14.20 - Environmental Impact Statement
Chapter 14.25 - Environmental Policy Statement
Chapter 14.30 - Critical Areas
Title 15 Shoreline Manaaement
Chapter 15.05 - Shoreline Management
Title 16 Surface Water Management
Surface Water Manaqement
Chapter 16.05 - Surface Water Management in General
Chapter 16.10 - Administration and Enforcement
Chapter 16.15 - Regulated and Exempt Activities
Chapter 16.20 - Requirements
Chapter 16.25 - Approval Standards
Chapter 16.30 - Adjustments
Chapter 16.35 - Ownership, Operation, and Maintenance
Requirements
Water Quality
Chapter 16.45 - General Water Quality and Enforcement
Erosion ::md sedimentation regulation.
Scope.
Quality of water entering streams and
lakes.
Quality of water entering the public
stormwater system.
Quality of water entering the ground.
Special enforcement provisions.
Discharges as public nuisances and
violations.
Chapter 16.50 - Discharges into Federal Way Waters and
Storm Drainage Systems
Chapter 16.55 - Best Management Practices
Title 17 (Reserved)
Title 18 Subdivisions
Chapter 18.05 - Subdivisions in General
Chapter 18.10 - Boundary Line Adjustments
Chapter 18.15 - Lot Line Eliminations
Chapter 18.20 - Binding Site Plans
Chapter 18.25 - Zero-lot Line, Small Lot, and Cottage
Development
Chapter 18.30 - Short Subdivision Plats
Chapter 18.35 - Preliminary Plat
Chapter 18.40 - Final Plat
Chapter 18.45 - Alterations of Plats
Chapter 18.50 - Vacation of Subdivisions
Chapter 18.55 - Design Criteria
Chapter 18.60 - Subdivision Improvements
Chapter 18 Art /I
Chapter 18 Art II Div 1
Chapter 18 Art II Div 2
Chapter 18 Art /I Div 3
Chapter 18 Art /I Div 4
Chapter 18 Art II Div 5
Chapter 18 Art /I Div 6
Chapter 18 Art 11/ Div 1, 2
Chapter 18 Art 11/ Div 1, 2
Chapter 21
Chapter 21 Art I, Chapter 21 Art /I Div 1
Chapter 21 Art II Div 5, Chapter 21 Art 11/ Div 1,3
Chapter 21 Art II Div 2
Chapter 21 Art /I Div 3
Chapter 21 Art /I Div 4
Chapter 21 Art /I Div 6
Chapter 21 Art 11/ Div 2
Chapter 21 Art IV
Chapter 21 Art IV Div 1, 4; Chapter 22 Art XII/ Div 12 partial
FWCC 22 948
FWCC 22-1196
FWCC 22-1197
FWCC 22-1198
FWCC 22-1199
FWCC 22-1200
FWCC 22-1201
Chapter 21 Art IV Div 2
Chapter 21 Art IV Div 3
Chapter 20
Chapter 20 Art I, Chapter 20 Art II Div 1
Chapter 20 Art /I Div 2
Chapter 20 Art II Div 2
Chapter 20 Art II Div 3
Chapter 20 Art /I Div 5, 6, 7
Chapter 20 Art /I Div 8
Chapter 20 Art II Div 9
Chapter 20 Art /I Div 10
Chapter 20 Art II Div 11
Chapter 20 Art II Div 12
Chapter 20 Art 11/
Chapter 20 Art IV
Chapter 18.65 - Public Improvement Assessments
Title 19 Zonina and Development Code
Administration
Chapter 19.05 - Zoning and Development in General
Chapter 19.10 - Enforcement
Zoning citation.
Civil enforcement.
Chapter 19.15 - Permits and Review Processes
Chapter 19.20 - Permits and Certificate of Occupancy
Chapter 19.25 - Bonds
Chapter 19.30 - Nonconformance
Chapter 19.35 - Amendments
Development Process
Chapter 19.40 - Preapplication Process
Chapter 19.45 - Variances
Chapter 19.50 -Interpretations
Chapter 19.55 - Process 1- Director's Approval
Chapter 19.60 - Process 11- Site Plan Review
Chapter 19.65 - Process 111- Project Approval
Chapter 19.70 - Process IV - Hearing Examiner
Chapter 19.75 - Process V - Quasi-Judicial Rezones
Chapter 19.80 - Process VI- Council Rezones
Chapter 19.85 - Development Agreements
Mitiqation and Fees
Chapter 19.90 - Transportation Concurrency Management
Chapter 19.95 - School Impact Fees
Chapter 19.100 - Mitigation of Development Impacts
Development Requlations
Chapter 19.105 - General Development Regulations
Building site.
Essential public facilities.
Lighting regulation
Limitations on Development Activities
and Heavy Equipment Operations
Chapter 19.110 - Density and Dimensions
Affordable housing regulations.
Calculating lot coverage.
Rounding of fractions of dwelling units.
Regulation of distance between
structures - Regarding maximum
horizontal facade
Compliance generally
Exceptions.
Rooftop appurtenances - Required
screening.
Increases to single-story construction
limits - City center core/frame. -
Chapter 19.115 - Community Design Guidelines
Chapter 19.120 - ClearinQ, GradinQ, and Tree and
Vegetation Retention
Planting requirements for certain trees.
Chapter 19.125 - Outdoors, Yards. and LandscapinQ
Planting requirements for cert3in trees.
Chapter 20 Art V
Chapter 22
Chapter 22 Art I, 11
Chapter 22 Art I
Chapter 22 Art 11 Div 5 partial
FWCC 22-128
FWCC 22-129
Chapter 22 Art 11 Div 1
Chapter 22 Art 11 Div 7
Chapter 22 Art II Div 6
Chapter 22 Art IV
Chapter 22 Art III Div 1,2, 3A, 38, 3C
Chapter 22 Art XX
Chapter 22 Art 11 Div 8
Chapter 22 Art IV.A
Chapter 22 Art IV.8
Chapter 22 Art V
Chapter 22 Art VI
Chapter 22 Art VII
Chapter 22 Art VIII
Chapter 22 Art IX
Chapter 22 Art XXI
Chapter 19 Art IV
Chapter 14 Art VI
Chapter 19 Art 11 Div 2
Chapter 22 Art XIII Div 1 partial, Chapter 22 Art XIII Div 3
FWCC 22-953
FWCC 22-946.1
FWCC 22-954
FWCC 22-1006
Chapter 22 Art XIII Div 1 partial; Chapter 22 Art XIII Div 5
FWCC 22-976
FWCC 22-955
FWCC 22-961
FWCC 22-964
FWCC 22-1046
FWCC 22-1047
FWCC 22-960
FWCC 22-977
Chapter 22 Art XIX
Chapter 22 Art XIII Div 7
FWCC 22-962
Chapter 22 Art XIII Div 4, 8 partial, 9 partial; Chapter 22 Art
XVII
FlI'lCC 22 962
Garbage and recycling receptacles -
Placement and screening..
Scope of division
Exceptions and limitations in some
zones.
Structures and improvements.
Outdoor uses, activities and storage.
Outdoor Activities and Storage
Application of division.
Outdoor Activities and Storage
Commercial and industrial uses.
Chapter 19.130 - Off-street Parking
Residential uses.
Driveways and parking areas.
Chapter 19.135 - Development Improvements
Sight Distance at Intersections
Permissible intrusion in the area to be
kept clear of sight obstruction.
Chapter 19.140 - Signs
Chapter 19.142 - Flood Damage Prevention
Critical Areas
Chapter 19.145 - Environment and Critical Areas in
General
Chapter 19.150 - Critical Areas Administration
Chapter 19.155 - General Site Design Requirements
Chapter 19.160 - Geologically Hazardous Areas
Chapter 19.165 - Streams
Chapter 19.170 - Regulated Lakes
Chapter 19.175 - Regulated Wetlands
Chapter 19.180 - Regulated Wellheads
Chapter 19.185 - Critical Aquifer Recharge Areas and
Wellhead Protection Areas
Zoninq Requlations
Chapter 19.190 - General Zoning Regulations
Chapter 19.195 - Suburban Estate (SE)
Chapter 19.200 - Single-Family Residential (RS)
Chapter 19.205 - Multifamily Residential (RM)
Chapter 19.210 - Professional Office (PO)
Chapter 19.215 - Neighborhood Business (BN)
Chapter 19.220 - Community Business (BC)
Chapter 19.225 - City Center-Core (CC-C)
Chapter 19.230 - City Center-Frame (CC-F)
Chapter 19.235 - Office Park (OP)
Chapter 19.240 - Commercial Enterprise (CE)
Chapter 19.245 - Corporate Park (CP-1)
Supplemental Zoninq Requlations
Chapter 19.250 - Cottage and Compact Single-Family
Housing
Chapter 19.255 - Personal wireless service facilities
Personal wireless service facilities
(PWSF)
Development standards.
Nonconformance.
Temporary personal wireless service
facilities.
FWCC 22-949
FWCC 22-1131
FWCC 22-1132
FWCC 22-1133
FWCC 22-1134
FWCC 22-1111
FWCC 22-1113
Chapter 22 Art XIII Div 11; Chapter 22 Art XV
FWCC 22-1112
FWCC 22-1135
Chapter 22 Art XVI
FWCC 22-1151
FWCC 22-1160
Chapter 22 Art XVIII
Chapter 21 Art V
Chapter 22 Art XIV
Chapter 22 Art XIV Div 1
Chapter 22 Art XIV Div 2
Chapter 22 Art XIV Div 3
Chapter 22 Art XIV Div 4
Chapter 22 Art XIV Div 5
Chapter 22 Art XIV Div 6
Chapter 22 Art XIV Div 7
Chapter 22 Art XIV Div 8
Chapter 22 Art XIV Div 9
Chapter 22 Art XI Div 1
Chapter 22 Art XI Div 2
Chapter 22 Art XI Div 3
Chapter 22 Art XI Div 4
Chapter 22 Art XI Div 5
Chapter 22 Art XI Div 6
Chapter 22 Art XI Div 7
Chapter 22 Art XI Div 8
Chapter 22 Art XI Div 8
Chapter 22 Art XI Div 9
Chapter 22 Art XI Div 10
Chapter 22 Art XI Div 12
Chapter 22 Art XII
Chapter 22 Art XIII Div 1 partial
FWCC 22-966
FWCC 22-967
FWCC 22-968
FWCC 22-969
Application requirements.
Collocation.
EMF standards and interference.
Removal of facility.
Permit limitations.
Revocation of permit.
Chapter 19.260 - Animals
Animals in home occupations
Chapter 19.265 - Accessory Uses and Facilities
Accessory uses, facilities and activities.
Accessory dwelling units.
Chapter 19.270 - Home Occupations
Chapter 19.275 - Temporary Uses
Regulation of temporary trailers for
construction and real estate sales offices
FWCC 22-970
FWCC 22-971
FWCC 22-972
FWCC 22-973
FWCC 22-974
FWCC 22-975
Chapter 22 Art XIII Div 2
FWCC 22-1071
Chapter 22 Art XIII Div 1 partial
FWCC 22-946
FWCC 22-965
Chapter 22 Art XI Div 6
Chapter 22 Art X
FWCC 22-963
COUNCIL MEETING DATE: January 6, 2009
......................................................... ................................... ........................................... ..............................................................................................................................-........
ITEM #:
6--n
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: Federal Way National Little League Proposal for Fencing and Netting
POLICY QUESTION: SHOULD THE CITY COUNCIL ApPROVE THE FEDERAL WAY NATIONAL LITTLE
LEAGUES PROPOSAL FOR FENCING AND NETTING?
COMMITTEE: PRHSPS
CATEGORY:
IZI Consent
D City Council Business
MEETING DATE: 12/9/08
D Ordinance
D Resolution
D
D
Public Hearing
Other
STAFF REpORT By: DEPT:
......................................................................................... .................................................................................................................................................. ...... .... ..............................................................
Background Information: The Federal Way National Little League (FWNLL) received a Youth Sports Facility Grant from
the City Of Federal Way in the amount of $75,000. The grant agreement provides for two improvement projects at the
FWNLL sports complex located at 1911 SW Campus Drive, Federal Way. The first project was identified as field lighting,
and the second project was not specifically identified in the agreement. The FWNLL submitted a reimbursement request in
September, 2008, in the amount of $18,750.00 for Field Lighting. $S7,2S8.6e in funding remains. The FWNLL is seeking
approval on a proposal for fencing and netting. The Youth Sports Facility Grant Agreement stipulates that the proposed .
project and associated costs must go through the City's approval process, which includes approval from the Parks,
Recreation, Human Services and Public Safety Committee, and onto the full City Council for their review and approval.
Attachments: ~S~, 250 \v. -i=''''''~\a("~Y'~
Options Considered:
1. Approve the FWNLL proposal for fencing aRB He~g at 1911 SW Campus Drive, Federal Way, and
forward to full Council on January 6, 2009 for approval.
2. Not approve the FWNLL proposal for fencing and netting, and have FWNLL return to the PRHSPS
Committee with another
STAFF RECOMMENDATION:
CITY MANAGER ApPROVAL:
DIRECTOR ApPROVAL:
~
Connnittee
Connnittee
Council
Council
COMMITTEE RECOMMENDATION: OPTION
6
Committee Member
Committee Chair
PROPOSED COUNCIL MOTION: "I move
Drive, Federal Way, as presented"
roval of the proposal for fencing (JJJd N "ttil'lg at 1911 SW Campus
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
o APPROVED
o DENIED
o TABLEDIDEFERRED/NO ACTION
o MOVED TO SECOND READING (ordinances only)
REVISED - 02/06/2006
COUNCIL BILL #
1 ST reading
Enactment reading
ORDINANCE #
RESOLUTION #
COUNCIL MEETING DATE: December 16, 2008
ITEM
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: Acceptance of grant monies from the Washington Traffic Safety Commission, (WTSC), to
purchase two Radar/Lidar, hand.;.held, speed-measuring devices. No replacement Reserve money is
currently collected for these equipment items.
POLICY QUESTION: Should the City of Federal Way / Police Department use grant money offered by the
Washington Traffic Safety Commission, (WTSC), to purchase two hand-held laser-radar units for the Police
Traffic Section, to replace older devices in disrepair? The grant money is expected to be $4,360.01
COMMITTEE: Parks, Recreation, Human Services and Public Safety
Council Committee - (PRHS&PS)
CATEGORY:
[8] Consent
o City Council Business
MEETING DATE: December 09,
2008
o Ordinance
o Resolution
o
o
Public Hearing
Other
STAFF REPORT By: STAN
COMMANDER
DEPT: Police Department
Attachments:
1. PRHS&PS Staff Memo
Options Considered:
1. Purchase replacement laser/radar devices using available WTSC grant money.
2. Purchase replacement laser/radar devices using existing budgetary funds.
STAFF RECOMMENDATION: Staff recommends Option 1.
CITY MANAGER ApPROVAL: '~., ~
~ee '~lCil
DIRECTOR ApPROVAL: ,fl/,.).I1li>'\ "/).r;j;.<J~ Lk.J '/!1r-\ 117S/)dt
Committee Council
COMMITTEE RECOMMENDATION: PRPS recommends Option ~
PROPOSED COUNCIL MOTION: "1 move approval of the request by the Police Department to use available
grant money to purchase two replacement laser/radar devices for the Traffic Section. "
Committee Member
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
D APPROVED
D DENIED
D TABLED/DEFERRED/NO ACTION
D MOVED TO SECOND READING (ordinances only)
REVISED - 02/06/2006
COUNCIL BILL #
1 ST reading
Enactment reading
ORDINANCE #
RESOLUTION #
CITY OF FEDERAL WAY
CITY COUNCIL COMMITTEE STAFF REPORT
DATE:
TO:
VIA:
FROM:
December 09,2008
Parks, Recreation, Human Services and Public Safety Council Committee
N~al 1. Be~ts, City ~anager '../ /1~ ~ /l1A/]Ua~
Bnan 1. WIlson, ChlefofPoh~
SUBJECT: Acceptance ofWTSC Grant Money to Purchase Replacement Laser/Radar Devices.
Back2:fOund
Laser-Radar devices are a proven and effective tool for speed measuring in and around school
zones and in specific areas where Federal Way customers and residents report speeding vehicles.
The Police Department currently owns eleven hand-held radar/lidar speed-measuring devices.
Eight of these units are assigned in the Traffic Section and three are issued out to Patrol officers.
Two of the eleven units are more than 10 years old and falling into disrepair. Three of the
devices are more than 5 years old. The older units are no longer under warranty and occasionally
require expensive repairs. We currently do not collect R&R money for these equipment items.
The Washington Traffic Safety Commission (WTSC) has offered to give us funding to purchase
replacement laser-radar units for the Traffic Unit. This money is credited to us by the WTSC and
results directly from our school zone enforcement efforts.
According to the WTSC we currently have approximately $10,000.00 dollars in available funds.
Each new laser-radar device will cost $1895.00 (plus tax and shipping).
We would like to secure this WTSC funding source to purchase two new replacement laser-radar
devices.
1
COUNCIL MEETING DATE: January 6, 2009
ITEM #: Cf,-
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: COMMUNITY CENTER POOL CHEMICAL VENDOR CONTRACT
POLICY QUESTION: Should the Council approve the Community Center Pool Chemical Goods and Services
Agreement?
COMMITTEE: PRHSPS
MEETING DATE: December 9, 2008
CATEGORY:
I2SI Consent
D City Council Business
D Ordinance
D Resolution
D
D
Public Hearing
Other
DEPT: PRCS
~!~!':!.~.""'2.~!~.y':....g~~.9.y~!:p~~~'..g~~~~!l:i!'y_g~!l:!l?!..~q~_~!~~~gg~!:.4.~!l:~!~!.:.
The aquatics components at the Federal Way Community Center require chemicals to disinfect and balance the
water. Chemicals are administered through an automated delivery system and as attendance increases, the
chemical load increases. Based on projected attendance in the Aquatic programs for 2009 and an anticipated
inflation in pricing, our projected costs will reach $30,000. This is an increase of $5,000 from 2008.
Orca Pacific submitted the lowest per unit quote. This quote includes delivery, technical support and parts for
automated chemical delivery systems.
Attachments: Staff Report, Proposed Contract
Options Considered:
1. Approve the 2009 Community Center Pool Chemical Goods and Services Agreement
mm?:mQ~~1.~!l:~!h~?'QQ?g~~~!l:~!yg~!l:!~!..J:l_~~1.Q~~~c:~1.Q~g4.~~!l:4.~~!Y.:!c:~~~~l?l?~l?!l:!.___mm
STAFF RECOMMENDATION: Staff recommends Council approval of Option 1.
to Council
DIRECTOR ApPROVAL: (}1W'L
to Committee
CITY MANAGER ApPROVAL:
to Committee
To Council
'ki
\
COMMITTEE RECOMMENDATION:
Committee Member
P OPOSED COUNCIL MOTION: "I move a 'Proval of a contract with ORCA Pacific Inc. for supply and delivery of
Pool Chemicals at the Federal Way Community Center."
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
o APPROVED
o DENIED
o TABLED/DEFERREDINO ACTION
o MOVED TO SECOND READING (ordinances only)
REVISED - 02106/2006
COUNCIL BILL #
1 ST reading
Enactment reading
ORDINANCE #
RESOLUTION #
~
CITYOF , ~
Federal Way
PARKS, RECREATION AND CULTURAL SERVICES
CITY COUNCil COMMITTEE STAFF REPORT
DATE: December 9, 2008
TO: Parks, Recreation, Human Services & Police Council Committee
FROM: Craig Feldman, Aquatics Coordinator
VIA: Neal J. Beets, City Manager
SUBJECT: Pool Chemical Quotes
Quotes were submitted from three vendors. The quote provided is a per unit cost and staff
anticipate amount needed based on previous year's chemical use, anticipated attendance and
expected price increase for chemicals. The cost of items per unit is as follows:
Orca Pacific:
Liquid Chlorine - 55 gallon carboy
Buffered Muriatic Acid - 15 gallon carboy
Buffered Muriatic Acid - 1 gallon bottles
Sodium Bicarbonate - 50 Ib bag
Calcium Chloride - 50 Ib bag
Dry Chlorine 100 Ib bucket
Freight - Shipping
$119.85
$69.05
$6.60
$19.95
$22.95
$205.57
No charge
Aqua Quip:
Liquid Chlorine - 50 gallon Carboy
Buffered Muriatic Acid -15 gallon Carboy
Buffered Muriatic Acid - 1 gallon bottles
Sodium Bicarbonate - 50 Ib bag
Calcium Chloride - 50 Ib bag
Dry Chlorine - 25 Ib bucket
Freight - Shipping
$179.10
$89.99
Not available
$53.10
$41 .40
$89.99
No charge
Aqua Rec's Swimming Hole and Fireplace Shop:
Liquid Chlorine - 53 gallon carboy
Buffered Muriatic Acid - 15 gallon carboy
Buffered Muriatic Acid - 1 gallon bottles
Sodium Bicarbonate - 50 Ib bag
Calcium Chloride - 50 Ib bag
Dry Chlorine 100 Ib bucket
Freight - Shipping
$289.99
$105.99
Not available
$47.99
$42.99
$499.00
$100.00
GOODS AND SERVICES AGREEMENT
FOR
COMMUNITY CENTER POOL CHEMICALS
This Goods and Services Agreement ("Agreement") is dated effective this 2nd day of
January, 2009. The parties ("Parties") to this Agreement are the City of Federal Way, a Washington
municipal corporation ("City"), and Orca Pacific, Inc., a Washington corporation ("Contractor").
A. The City seeks to retain an independent contractor capable ofworking without direct
supervision, in the capacity of supplying swimming pool disinfectant and water balancing chemicals,
chemical feeder replacement parts, including delivery and stocking and service as needed for
chemical feeders and filtration equipment.
B. The Contractor has the requisite skill and experience necessary to provide such
servIces.
NOW, THEREFORE, the Parties agree as follows:
1. Description of Goods and services.
Contractor shall provide the following goods and services:
Contractor shall provide the goods and services more specifically described in Exhibit "A",
attached hereto and incorporated by this reference ("Goods and Services"), in a manner consistent
with accepted practices for other similar goods and services, performed to the City's satisfaction,
within the time period prescribed by the City and pursuant to the direction ofthe City Manager or his
or her designee.
2. Term.
The term ofthis Agreement shall commence upon the effective date ofthis Agreement and
shall continue until December 31,2009 ("Term"). This Agreement may be extended for additional
periods of time upon the mutual written agreement of the City and the Contractor.
3. Termination.
Prior to the expiration ofthe Term, this Agreement may be terminated immediately, with or
without cause, by the City.
- 1 -
4. Compensation.
4.1 Total Compensation. In consideration of the Contractor providing the goods and
services, the City agrees to pay the Contractor an amount not to exceed Thirty Thousand and No/I 00
Dollars ($30,000.00), inclusive of Washington State sales tax.
4.2 Method ofPavrnent. Payment by the City for the goods and services will only be made
after the delivery of goods or services have been performed, consistent with prices quoted in Exhibit
"B", attached hereto and incorporated by references, a voucher or invoice is submitted in the form
specified by the City, and the same is approved by the appropriate City representative. Payment shall
be made on a monthly basis, thirty (30) days after receipt of such voucher or invoice.
5. Compliance with Laws.
Contractor shall comply with and supply the goods and services in accordance with all
applicable federal, state, and City laws including, without limitation, all City codes, ordinances,
resolutions, standards and policies, as now existing or hereafter adopted or amended.
6. Warranty.
The Contractor warrants that it has the requisite training, skill and experience necessary to
provide the goods and services and is appropriately accredited and licensed by all applicable agencies
and governmental entities, including but not limited to being registered to do business in the City of
Federal Way by obtaining a City of Federal Way business registration.
7. Independent Contractor/Conflict of Interest.
It is the intention and understanding ofthe Parties that the Contractor shall be an independent
contractor and that the City shall be neither liable nor obligated to pay Contractor sick leave,
vacation payor any other benefit of employment, nor to pay any social security or other tax which
may arise as an incident of employment. The Contractor shall pay all income and other taxes due.
Industrial or any other insurance that is purchased for the benefit ofthe City, regardless of whether
such may provide a secondary or incidental benefit to the Contractor, shall not be deemed to convert
this Agreement to an employment contract. It is recognized that Contractor mayor will be
performing professional services during the Term for other parties; provided, however, that such
performance of other services shall not conflict with or interfere with Contractor's ability to perform
the Services. Contractor agrees to resolve any such conflicts of interest in favor ofthe City.
8. Indemnification.
8.1 Contractor Indemnification. The Contractor agrees to indemnify, defend and hold the
City, its elected officials, officers, employees, agents, and volunteers harmless from any and all
claims, demands, losses, actions and liabilities (including costs and all attorney fees) to or by any and
all persons or entities, including, without limitation, their respective agents, licensees, or
representatives, arising from, resulting from, or connected with this Agreement to the extent caused
- 2 -
by the negligent acts, errors or omissions of the Contractor, its partners, shareholders, agents,
employees, or by the Contractor's breach ofthis Agreement. Contractor waives any immunity that
may be granted to it under the Washington State Industrial Insurance Act, Title 51 RCW.
Contractor's indemnification shall not be limited in any way by any limitation on the amount of
damages, compensation or benefits payable to or by any third party under workers' compensation
acts, disability benefit acts or any other benefits acts or programs.
8.2 City Indemnification. The City agrees to indemnify, defend and hold the Contractor,
its officers, directors, shareholders, partners, employees, and agents harmless from any and all
claims, demands, losses, actions and liabilities (including costs and attorney fees) to or by any and all
persons or entities, including without limitation, their respective agents, licensees, or representatives,
arising from, resulting from or connected with this Agreement to the extent solely caused by the
negligent acts, errors, or omissions of the City, its employees or agents.
8.3 Survival. The provisions ofthis Section shall survive the expiration or termination of
this Agreement with respect to any event occurring prior to such expiration or termination.
9. Equal Opportunity Employer.
In all Contractor services, programs or activities, and all Contractor hiring and employment
made possible by or resulting from this Agreement, there shall be no discrimination by Contractor or
by Contractor's employees, agents, subcontractors or representatives against any person because of
sex, age (except minimum age and retirement provisions), race, color, creed, national origin, marital
status or the presence of any disability, including sensory, mental or physical handicaps, unless based
upon a bona fide occupational qualification in relationship to hiring and employment. This
requirement shall apply, but not be limited to the following: employment, advertising, layoff or
termination, rates of payor other forms of compensation, and selection for training, including
apprenticeship. Contractor shall not violate any ofthe terms of Chapter 49.60 RCW, Title VII of the
Civil Rights Act of 1964, the Americans With Disabilities Act, Section 504 ofthe Rehabilitation Act
of 1973 or any other applicable federal, state or local law or regulation regarding non-discrimination.
Any material violation of this provision shall be grounds for termination of this Agreement by the
City and, in the case of the Contractor's breach, may result in ineligibility for further City
agreements.
10. Confidentiality.
All information regarding the City obtained by Contractor in performance ofthis Agreement
shall be considered confidential. Breach of confidentiality by Contractor will be grounds for
immediate termination.
11. Insurance.
The Contractor agrees to carry as a minimum, the following insurance, in such forms and
with such carriers who have a rating that is satisfactory to the City:
- 3 -
11.1 Workers' compensation and employer's liability insurance in amounts sufficient
pursuant to the laws of the State of Washington;
11.2 Commercial general liability insurance with combined single limits of liability not
less than $2,000,000 for bodily injury, including personal injury or death, products liability and
property damage.
11.3 Automobile liability insurance with combined single limits of liability not less than
$2,000,000 for bodily injury, including personal injury or death and property damage.
The City shall be named as additional insured on all such insurance policies, with the
exception of workers' compensation coverage( s) if Contractor participates in a state-run workers'
comp program. Contractor shall provide certificates of insurance, concurrent with the execution of
this Agreement, evidencing such coverage and, at City's request, furnish the City with copies of all
insurance policies and with evidence of payment of premiums or fees of such policies. All insurance
policies shall contain a clause of endorsement providing that they may not be terminated or
materially amended during the Term of this Agreement, except after thirty (30) days prior written
notice to the City. If Contractor's insurance policies are "claims made," Contractor shall be required
to maintain tail coverage for a minimum period ofthree (3) years from the date this Agreement is
actually terminated or upon project completion and acceptance by the City. Contractor's failure to
maintain such insurance policies. shall be grounds for the City's immediate termination of this
Agreement.
The provisions ofthis Section shall survive the expiration or termination ofthis Agreement
with respect to any event occurring prior to such expiration or termination.
12. Work Product.
All originals and copies of work product, including plans, sketches, layouts, designs, design
specifications, records, files, computer disks, magnetic media or material which may be produced or
modified by Contractor while performing the Services shall belong to the City. At the termination or
cancellation ofthis Agreement, all originals and copies of any such work product remaining in the
possession of Contractor shall be delivered to the City.
13. Books and Records.
The Contractor agrees to maintain books, records, and documents which sufficiently and
properly reflect all direct and indirect costs related to the performance ofthe Services and maintain
such accounting procedures and practices as may be deemed necessary by the City to assure proper
accounting of all funds paid pursuant to this Agreement. These records shall be subject, at all
reasonable times, to inspection, review or audit by the City, its authorized representative, the State
Auditor, or other governmental officials authorized by law to monitor this Agreement.
- 4 -
14. Non-Appropriation of Funds.
If sufficient funds are not appropriated or allocated for payment under this Agreement for any
future fiscal period, the City will not be obligated to make payments for Services or amounts
incurred after the end of the current fiscal period, and this Agreement will terminate upon the
completion of all remaining Services for which funds are allocated. No penalty or expense shall
accrue to the City in the event this provision applies.
15. General Provisions.
15.1 Entire Agreement. This Agreement contains all ofthe agreements ofthe Parties with
respect to any matter covered or mentioned in this Agreement and no prior agreements shall be
effective for any purpose.
15.2 Modification. No provision of this Agreement, including this provision, may be
amended or modified except by written agreement signed by the Parties.
15.3 Full Force and Effect. Any provision of this Agreement that is declared invalid or
illegal shall in no way affect or invalidate any other provision hereof and such other provisions shall
remain in full force and effect.
15.4 Assignment. Neither the Contractor nor the City shall have the right to transfer or
assign, in whole or in part, any or all of its obligations and rights hereunder without the prior written
consent of the other Party.
15.5 Successors in Interest. Subj ect to the foregoing Subsection, the rights and obligations
ofthe Parties shall inure to the benefit of and be binding upon their respective successors in interest,
heirs and assigns.
15.6 Attorney Fees. In the event either of the Parties defaults on the performance of any
terms of this Agreement or either Party places the enforcement ofthis Agreement in the hands of an
attorney, or files a lawsuit, each Party shall pay all its own attorneys' fees, costs and expenses. The
venue for any dispute related to this Agreement shall be King County, Washington.
15.7 No Waiver. Failure or delay ofthe City to declare any breach or default immediately
upon occurrence shall not waive such breach or default. Failure ofthe City to declare one breach or
default does not act as a waiver ofthe City's right to declare another breach or default.
15.8 Governing Law. This Agreement shall be made in and shall be governed by and
interpreted in accordance with the laws of the State of Washington.
15.9 Authority. Each individual executing this Agreement on behalf of the City and
Contractor represents and warrants that such individuals are duly authorized to execute and deliver
this Agreement on behalf of the Contractor or the City.
- 5 -
15.10 Notices. Any notices required to be given by the Parties shall be delivered at the
addresses set forth below. Any notices may be delivered personally to the addressee ofthe notice or
may be deposited in the United States mail, postage prepaid, to the address set forth below. Any
notice so posted in the United States mail shall be deemed received three (3) days after the date of
mailing.
15.11 Captions. The respective captions of the Sections of this Agreement are inserted for
convenience of reference only and shall not be deemed to modify or otherwise affect any of the
provisions of this Agreement.
15.12 Performance. Time is of the essence of this Agreement and each and all of its
provisions in which performance is a factor. Adherence to completion dates set forth in the
description of the Services is essential to the Contractor's performance of this Agreement.
15.13 Remedies Cumulative. Any remedies provided for under the terms ofthis Agreement
are not intended to be exclusive, but shall be cumulative with all other remedies available to the City
at law, in equity or by statute.
15.14 Counterparts. This Agreement may be executed in any number of counterparts, which
counterparts shall collectively constitute the entire Agreement.
15.15 Compliance with Ethics Code. If a violation ofthe City's Ethics Resolution No. 91-
54, as amended, occurs as a result of the formation and/or performance of this Agreement, this
Agreement may be rendered null and void, at the City's option.
- 6 -
DATED the day and year set forth above.
ATTEST:
City Clerk, Carol McNeilly, CMC
APPROVED AS TO FORM:
City Attorney, Patricia A. Richardson
- 7 -
CITY OF FEDERAL WAY
By:
Cary M. Roe, P. E.
Assistant City Manager/Chief Operating
Officer
Emergency Manager
33325 8th Ave S
PO BOX 9718
Federal Way, WA 98063-9718
Orca Pacific, Inc.
By:
(Signature)
Aaron Kimura
President
280 44th Street NW
Auburn, Wa. 98001
(253) 867-0303
STATE OF WASHINGTON )
) ss.
COUNTY OF )
On this day personally appeared before me , to me known to be the
of that executed the
foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and
deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he/she
was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of
said corporation.
GIVEN my hand and official seal this
day of
,200_.
(typed/printed name of notary)
Notary Public in and for the State of Washington.
My commission expires
- 8 -
ORCA PACIFIC INC. CONTRACT
EXHIBIT "A"
January 2. 2009
Orca Pacific, Inc. and the City of Federal Way mutually agree that the following goods
and services shall be provided: Swimming Pool Disinfectant and Water Balancing
Chemicals shall be delivered to the Federal Way Community Center, located at 876
South 333rd , Federal Way, Washington, as ordered on an as needed basis. Delivery times
shall be scheduled in advance with the Aquatics Coordinator. Orca Pacific, Inc. will
guarantee the quality of the products and will replace at no charge any chemicals that are
found to be unsatisfactory. Prices shall remain the same throughout the length of this
agreement. See Exhibit "B" for price list.
Orca Pacific, Inc. staff shall be responsible for the unloading of above said chemicals and
their placement in the designated storage areas. Orca Pacific staff will be responsible for
the removal of all empty Chlorine and Acid containers.
Orca Pacific, Inc. agrees to supply all parts and services needed to maintain chemical
feeding systems and to provide technical assistance as needed to repair and maintain
above said systems at a price consistent with fair market value. A quote shall be issued
before any work is begun and all removed parts shall be returned to the Aquatics
Coordinator or his/her designee.
ORCA PACIFIC INC. CONTRACT
EXHIBIT "B"
JANUARY 2.2009
Liquid Chlorine - 55 gallon carboy $119.85
Acid Magic - 15 gallon carboy $69.05
Acid Magic - 1 gallon bottles $6.60
Bicarb - 50 Ib bag $19.95
Calcium Chloride - 50 Ib bag $22.95
Dry Chlorine 100 Ib bucket $205.57
The prices listed above do not include Washington State Sales Tax.
COUNCIL MEETING DATE: January 6, 2009
ITEM #: t;
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: ELECTRIC UPGRADE - ANNEX BRICK HOUSE
POLICY QUESTION Should the City accept electrical upgrade bids and authorize the Assistant City Manager
to enter into a contract with the successful bidder?
COMMITTEE: PRHSPS
MEETING DATE: Dec 9, 2008
CATEGORY:
[8] Consent
D City Council Business
D Ordinance
D Resolution
D
D
Public Hearing
Other:
DEPT: PRCS
~!~~~~l.:'.2~!~y.:~!~ph~~..~~~q?:I.!?.!~!.ip':?:!>.~g.~.Pi.!.~~!~~._m
History: Staff is working to upgrade the Steel Lake Annex brick building for the Historical Society to
relocate to in early 2009, and this electrical improvement is the last of the four major upgrade elements
the City agreed to.
Bid Result: 9 companies from the Small Works Roster were invited to bid and 2 responded as follows:
. Forte Electric - $20,430 + $1,838.70 tax = total contract amt $22,268.70
. Dahl Electric - $33,250 + $2,992.50 tax = total contract amt $36,242.50
This project will be funded out of the Parks Capital Project Fund account which currently has a balance of
$257,787.82.
Options Considered: None; as the electrical is aged and in need of repairs.
STAFF RECOMMENDATION: Staff recommends Council accept the bid from Forte Electric and authorize the
Assistant City Manager to execute a contract for electrical upgrade in the amount of $22,268.70
to Council
DIRECTOR ApPROVAL: C1trt
to Committee
CITY MANAGER ApPROVAL:
to Committee
To Council
Committee Member
COMMITTEE RECOMMENDATION:
Committee Chair
PROPOSED COUNCIL MOTION: HI move roval to accept the electrical upgrade bid from Forte Electric and
authorize the Assistant City Manager to execute a contract for services in the amount of $22,268.70.
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
o APPROVED
o DENIED
o T ABLEDIDEFERRED/NO ACTION
o MOVED TO SECOND READING (ordinances only)
REVISED - 02/06/2006
COUNCIL BILL #
1 ST reading
Enactment reading
ORDINANCE #
RESOLUTION #
COUNCIL MEETING DATE: January 6, 2009
-..-....--...............................................
ITEM #: htG
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: ApPOINTMENTS TO THE STEEL LAKE ADVISORY COMMITTEE
POLICY QUESTION: Should the City Council appoint candidates to the City's Steel Lake Advisory
Committee?
COMMITTEE: N/A
MEETING DATE: N/A
CATEGORY:
D Consent D Ordinance
[8] City Council Business D Resolution
.~J~!~.~....Q~!..~y.:..g~~9~_M_~~~i..!!y.?...gi.~.g~~~~__.m.___.m__
J\ttach~ents:N/i\
Background: Four voting positions on the Steel Lake i\dvisory Committee are available for appointment.
Appointees will serve 2-year terms, expiring 12-31-2010. The City received four applications in response to the
vacancy advertisement, which closed November 14, 2008.
At a special meeting of the City Council on January 6, 2009, the City Council interviewed applicants to fill
positions on the committee. Appointed members will be invited to the January 20,2009 City Council Meeting to
receive their Certificates of Appointment.
Options Considered:
D Public Hearing
D Other
DEPT: Management Services
Option 1: Appoint the following candidates to the Steel Lake Advisory Committee with terms expiring as listed:
Position
Applicant
Ter~:
1
2.
3.
4.
December 31, 2010
December 31, 2010
December 31, 2010
December 31, 2010
Qp~!..C!.'!:?::...!2!.!.f!~!.$~qf1~f!_Tf!:.r:!fly.~r:~~S.f!.~b.~.Yf!J;f!:.'!:.~.~~~:
STAFF RECOMMENDATION: N/A
CITY MANAGER ApPROVAL:
N/A
DIRECTOR ApPROVAL:
N/A
N/A
Committee
Council
Committee
Council
COMMITTEE RECOMMENDATION: N/ A
PROPOSED COUNCIL MOTION: "] move to appoint the following applicants to the Steel Lake Advisory
Committee, as voting member with 2-year terms expiring December 31 ,2010...... "
COUNCIL ACTION:
o APPROVED
o DENIED
o TABLEDIDEFERREDINO ACTION
o MOVED TO SECOND READING (ordinances only)
REVISED - 02/06/2006
COUNCIL BILL #
1 ST reading
Enactment reading
ORDINANCE #
RESOLUTION #
NA
NA
NA
NA
COUNCIL MEETING DATE: January 06, 2009
ITEM#: 6b.
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: Community Center Building Generator Electrical Installation - Bid Award
POLICY QUESTION: Should the Council award the Community Center Building Generator Electrical Installation
Contract to the lowest responsive, responsible bidder?
COMMITTEE: Land Use and Transportation Committee
MEETING DATE: January 5, 2009
CATEGORY:
D Consent D Ordinance D Public Hearing
[8] City Council Business D Resolution D Other
~!~~F RE!.()R!J~lY: K~~_M!!!~!z-R:E..:_LI.?~E-~!y_!>.~!'..!!~}Yg~~~I.?!!:~~!~~.._____.__._..._DEP~~_.~~_I!~ W o~_.__.______
Attachments: Memorandum to the Land Use Transportation Committee dated January 5, 2009.
Options Considered:
1. Award the Community Center Building Generator Electrical Installation Contract to MarIes Corp dba
Amaya Electric, the lowest responsive, responsible bidder, in the amount of $140,828.00 including state
sales tax, and authorize the City Manager to execute the contract.
2. Do not award the Community Center Building Generator Electrical Installation Contract to the lowest
responsive, responsible bidder and provide direction to staff.
STAFF RECOMMENDATION: Staff recommend Option 1 be forwarded to the January 06, 2009 City Council
Consent A enda for a roval.
CITY MANAGER APPROVAL: @!i2
DIRECTOR APPROVAL:
&Cil
COMMITTEE RECOMMENDATION: Forward the above staff recommendation to the January 06, 2009 City
Council Consent Agenda for approval.
Linda Kochmar, Chair
Jim Ferrell, Member
Dini Duclos, Member
PROPOSED COUNCIL MOTION: "I move to award the Community Center Building Generator Electrical
Installation Contract to MarIes Corp dba Amaya Electric in the amount of $140,828.00 including state sales
tax, and authorize the City Manager to execute the contract. "
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
o APPROVED
o DENIED
o TABLED/DEFERRED/NO ACTION
o MOVED TO SECOND READING (ordinances only)
REVISED - 02/0612006
K:\council\agenda bills\2009\1-20-09 Community Center Bock Up Generator Bid Award.doc
COUNCIL BILL #
1ST reading
Enactment reading
ORDINANCE #
RESOLUTION #
CITY OF FEDERAL WAY
MEMORANDUM
DATE:
TO:
VIA:
FROM:
SUBJECT:
January 5, 2009
Land Use and Transportation Committee
Cary M. Roe, P. E., Assistant City Manager, Chief Operations Officer, Emergency Manager
Ken Miller, P.E., Deputy Public Works Director ~"""
Steve Ikerd, Parks and Facilities Manager
Community Center Building Generator Electrical Installation - Bid Award
BACKGROUND
At the July 17, 2007 City Council meeting, the Council approved the purchase of additional emergency
equipment to assist the City in providing services to our citizens and businesses during emergency
conditions. This included the purchasing and installation of an emergency generator for the Community
Center which is also proposed to be used as an emergency shelter. The 750kW generator has been
installed and the proposed contract will install the new automatic transfer switch, fuse block, meter
cabinet, conduit and wire.
One (l) bid was received and opened on November 24, 2008 for the Community Center Building Generator
Electrical Installation from MarIes Corp dba Amaya Electric in the amount of $140,828.00 including state sales
tax.
Amaya Electric has successfully performed similar electrical work for the City and therefore, staff
recommends awarding the Community Center Building Generator Electrical Installation bid to MarIes
Corp. dba Amaya Electric the lowest responsive, responsible bidder in the amount of $140,828.00
including state sales tax. This bid amount is 'Yithin the budget, however staff is discussing some
contract revisions with the contractor that will reduce the overall contract amount.
cc: Project File
K:\LUTC\2009\Ol-05-09 Community Center Generator Installation- Bid Award.doc
COUNCIL MEETING DATE: January 6, 2009
ITEM #: 6.c.
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: 2009 LEGISLATIVE AGENDA
POLICY QUESTION: SHOULD THE CITY COUNCIL ADOPT A 2009 LEGISLATIVE AGENDA?
COMMITTEE: FEDRAC
MEETING DATE: 11.25.08
CATEGORY:
D Consent
X City Council Business
STAFF REPORT By: Linda Farmer
D Ordinance
D Resolution
D
D
Public Hearing
Other
DEPT: City Manager
BACKGROUND:
FEDRAC considered the 2009 Draft Legislative Agenda on 11.25.08 and forwarded it with changes to
the City Council on 12.2.08. Council discussed the Legislative Agenda on 12.2.08, suggested changes
and postponed action to the 1.6.09 City Council meeting.
Per Council direction on 12.2.08, proposed changes to the draft 2009 Legislative Agenda include:
. Removed the numbers from the priority list and replaced them with bullets.
. Added language on the City's proposed economic stimulus project list, the Performing Arts
Center and the Triangle Project.
ATTACHMENTS:
1. Packet to the 11.25.08 Finance, Economic Development & Regional Affairs Committee
. Agenda bill
. Draft Federal Way Legislative Agenda
. A WC Washington Infrastructure Brochure
2. NEW: Draft Legislative Agenda with suggested changes
3. NEW: City of Federal Way Economic Stimulus Project List as of 12.20.08
4. NEW: Draft Legislative Agenda for the Urban Cities
5. NEW: A WC Legislative Priority List
OPTIONS:
1. Approve the Draft 2009 Legislative Agenda
2. Amend the Draft 2009 Legislative Agenda
3. Provide staff with other direction
STAFF RECOMMENDATION: Follow Council Direction
Committee
(jj;J
CITY MANAGER
ApPROVAL:
@ DIRECTOR
ApPROVAL:
Committee cil
COMMITTEE RECOMMENDATION:
Committee Chair
Committee Member
Committee Member
PROPOSED COUNCIL MOTION: H] move approval of
"
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
o APPROVED
o DENIED
o TABLEDIDEFERREDINO ACTION
o MOVED TO SECOND READING (ordinances only)
REVISED - 02/06/2006
COUNCIL BILL #
1 ST reading
Enactment reading
ORDINANCE #
RESOLUTION #
COUNCIL MEETING DATE: tfC.e-fY'btv &/ 2ctffJ
G
CITY OF FEDEJ
CITY COUl
AGENDA]
Attachment #1
PRESENTED TO FEDRAC 11/25/2008
PRESENTED TO COUNCIL 12/2/2008
SUBJECT: 2009 LEGlSLATlVE AGENDA
POUCY QUESTION: SHOULD THE ClTY COUNClL ADOPT A 2009 LEGlSLA TlVE AGENDA?
COMMlTTEE: FEDRAC
MEETING DATE: I L25.08
CATEGORY:
X Consent
o City Council Business
o Ordinance
o Resolution
D
o
Public Hearing
Other
-_..._-_.._---------------~-_..__.._.....~_.-----._------~-_.__._--_._--._._---~_._._.._----_._--_.__.._._---------_._--_..._----_._-------_.._~--_..._-_.._.._---_._--_...~_._.-.._._~._-_..._._---.--_..--_._---
STAFF REpORT By: Linda Fanner DEPT: City Manager
Background: The 2009 Legislative Agenda emphasizes issues that are important to the City and that are likely
to arise before the Washington State Legislature in 2009. Linda Farmer and City lobbyist Doug Levy will make
an oral presentation at FEDRAC.
Attachments:
· 2009 Draft Legislative Agenda
· A WC Washington Infrastructure Brochure
Options Considered:
I. Approve the Draft 2009 Legislative Agenda
2. Direct staff to bring changes to the Agenda to the Dec. 2 Council meeting
.____.__.___.__._u____.__......______._.__...___.___.___._..__._________~__.__.~_.__._.._ ___ ._.__.___ ________________....__...__._..____~ .____.___._...n_ __....__.._..___._ _.__._....__..____._..___.____ _ __,.___._. ___..._.._.........__..___..~__________~___
CITY MANAGER ApPROVAL:
DIRECTOR ApPROVAL:
.(vnu aYd
hNl WYS.fM)
Committee Member
PROPOSED COUNCIL MOHON: HI move approval of
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNClL ACflON:
o APPROVED
o DENlED
o TABLEDIDEFERREDINO ACfION
o MOVED TO SECOND READING (ordinances only)
REVISED - 02/06/2006
COUNCIL BILL #
I ST reading
Enactment reading
ORDINANCE #
RESOLUTION #
CITY OF
Feder,'rWay
2009
LEGISLATIVE AGENDA
CITY COUNCIL
Jack Dovey, Mayor
Eric Faison, Deputy Mayor
Jeanne Burbidge
Dini Duclos
Jim Ferrell
Linda Kochmar
Michael Park
CITY ADMINISTRATION
Neal Beets, City Manager
Linda Farmer, Communications and Govenunent Affairs Manager
DR4J:r
Table of Contents
About the City's Legislative Agenda
Top Priorities
Support/Oppose Policy Positions
Appendix A: Washington's Infrastructure Crisis
Appendix B: A WC Legislative Priorities
x
X
X
X
Not included**
About the City of Federal Way 2009 Legislative Agenda
The City of Federal Way's 2009 Legislative Agenda reflects the City's position on
matters expected to arise either as legislation or through the State budget process, or both.
'DIe City's level of involvement can be broken down into two categories:
Top Priorities. The City plans to actively involve itself in advocating for or against a
given legislativelbudget provision.
Support/Oppose Policy Positions. The City has chosen to join others in either
supporting or opposing these legislativelbudget issues.
An asterisk (*) indicates that Federal Way's position is consistent with the Association of
Washington Cities.
For More Information
For more information about the City's 2009 Legislative Agenda, contact Linda Farmer,
APR, Communications and Government Affairs Manager, 253.835.2411 or
Linda. farmenll!citvoffederal \Va Y.com.
**As of deadline. the A WCJ!.a!!fl(!.f fifl(l.fiZe.d.jrs.~()o.9_I-e..gis!f!-.tive..fri()ritie.s: T-'ler(!(:~etu__ __. ..-
Ivill be distributed at the Dec. 2. 2008, Citv Council meetinfJ... _uu__
Top Priorities
~---------~
I Deleted: is slated to adopt it n J
'===--:::"=''''="-======-''=''''''===''","'=~-'''-
( Deleted: on Nov. 1/. loos '
1. Funding for Performing Arts Center
2. State assault statute change for look-alike guns
3. Funding for seaweed cleanup at Dumas Bay
4. Affordable housing.
5. New infrastructure funding for local government
6. Continuing state transportation needs
1. Funding for a new Performing Arts Center
Federal Way is pursuing funding for a 700-seat Performing Arts Center that will drive
economic development in its downtown.
Background: For nearly two decades, there has been a strong grass-roots interest in a new
performing arts center (pAC). In addition, the PAC is a cornerstone of the City's
downtown redevelopment strategy. A feasibility study showed that a 500-to-700-seat
performing arts center in the downtown - combined with conference and hotel facilities -
is viable and sustainable. Several sites are being evaluated and the grass-roots community
commissioned the Collins Group to complete a fundraising feasibility study that should
be complete in April 2009. Thanks to the leadership of its 30th District legislators, the
State has already provided $500,000 toward pre-construction design of the P Ae.
Session specifics: The City will actively pursue PAC funding on three fronts:
l. Ongoing funding distribution (preferably direct) from the King County Local
Financing Options Task Force recommendations.
2. Earmarked funding of up to $5M in the 2009-11 Capital Budget under
"LocaUCommunity Projects"
3. Ensuring that a $325,000 funding recommendation through the Building for the
Arts program is held intact during budget deliberations.
2. Changing the State assault statute for look-alike guns
Federal Way is pursuing a change to state law .tQJ~llgh~_~lJ~~.n~!!!e~Jor a~~a_u~~ ch~rgC?~_i_n_ __ _ .--.{ Deleted:~-==--==-:
cases where a look-alike gun. is used to threaten a police officer in criminal incidents.- --- \ Deleted: allows a second-degree .
Background: In May 2008, a Federal Way Jlffice.r inpllrsuitof a vehicle [Jrowler saw the
suspect pull out a pistol, point it at the officer, and demand the officer stop chasing him.
The officer, fearing for his life, drew his pistol and fired two shots that missed the
suspect. After J~e. p~()~ll?~_ ~~~ _~~e_n ~to. (;ll.~t~~X) _~?_l_ic~_ _dis_c() ye~~(i..t_h~ "gllll': _ ~!~s_ ~~ _ . _ _ _ _ _ _' _' - - ~ed: a sla~off e~sued and
air-soft pistol and not a real one. ;Ill.(;oXt!c~r.i~v()l'{~_dp'a_d_~o_w.<l.y()f-'(n_o\\linK~~_t.__uu_ u__..:-----{ Deleted: Yetthe
- - - -. \ Deleted: in the chase
Session specifics: 30th District legislators will;';P.o...Ilc~?_~t~~-'l?~~l~t!<>'Il.,--~~ic~~~s_t'_up~O_rt_____.---{ Deleted: be :
Jr.Olll~h_e_ VI. 3:S~~g_t~~:~_~()c~~~!o_n_()f:~!teriKfs _<l.~~_ (l<>.!ice. _~!til?~s f~\T1\SPq! _~~ _ u. __ _ _ u_ - - - - .,:::,:: - -L Deleted: ing - j
Washmgton ASSOCiation ofProsecutmg Attorneys (WAPA), and the AWe. It Will add "."~. --~~~~~=~,
12 1 d. d d 1 . ..d 1 I k l-k . . t Deleted. the :
Up to mont 15 to lU' -egree assau t charges Ul mCI ellts W lere a 00 '_a 1 e gulllS "'_ ~
. - j Deleted: and/or endorsement of ,
used to threaten a polIce ofltcer(s). ,J
I Deleted: police
,
-<;
3. Funding for seaweed cleanup at Dumas Bay
Federal Way will actively pursue creation of a dedicated and reliable funding source for
beach and bay-area cleanups, as well as funding to address underlying causes of
excessive seaweed growth.
Background: During the 2008 Session, Federal Way successfully worked with area
lawmakers to secure passage oflegislation that allows for creation of "Beach
Management Districts" (E2SHB 3186) to help fmance beach and bay-area cleanups. In
Federal Way's case, the BMD would be used to help with cleanup of sea lettuce, a type
of seaweed, that periodically grows in an uncontrollable manner on Dumas Bay. The
seaweed blooms smother sea life, emit a noxious odor and may pose a human health
hazard. As part of the BMO legislation, specific funding for Dumas Bay cleanup efforts
were approved by the Legislature but vetoed by the Governor. Still, the City believes
progress ha~ been made, particularly with an Ecology-led pilot cleanup of Dumas Bay in
late 2008.
Session Specifics: Rep. Sharon Nelson. D-34:1:.f?!~t_~~ct::_\v_~I.I_~~_.s.{)()!1:~.<?ri!1:g.l.egis~~~~on_!~u./ .. ( Formatted: Superscript
ensure a reliable and ongoing funding source for sea letnlce cleanup and "root cause"
arlalvses.
4. Affordable housing*
Federal Way will actively work with the AWC and others to provide funding and tools to
address affordable housing.
Background: Affordable work force housing and readily-available low-income housing
continue to be major challenges in South King County and throughout the Central Puget
Sound. Federal Way actively worked on this issue in 2008 as welL
Session specifics:
· Secure a revised "Housing for Everyone Tool" that the City of Seattle and others
have worked on using a tax-increment financing approach to build housing in
combination with new infrastructure, retail, and mixed-use centers,
· Protect existing funding for the Housing Trust Fund in the Capital Budget
· Secure state tax credits for employers who provide assistance or vouchers to
employees for housing purchase and rentals,
· Continue Rapid Response loan and grant programs to keep mobile home parks
from being converted to other uses,
· Allow cities to waive SEP A requirements for low-income housing projects,
· Potential funding package for Tran~it-Oriented Development (TOO) projects that
accommodate housing,
· ..p.~~_t_~~_t_ rl}!~~~~~g_ r<?~_ ~~~~~ ~~~_(~~~_~c.t? f!~~~~~. (~~. ~~~_~~~g_ ~_l:l~~ _~~_ ~~~. .':I~O~': _._
program.
Loeleted: Pursue
5. New infrastructure funding for local government*
Federal Way continues to be involved in an effort by cities, the A WC and others to look
for new funding and improvements in the state's programs for assisting with local
infrastructure.
Background: A "Washington's Infrastructure Crisis" brochure just published by AWC
(see Appendix B) documents the growing backlog of needs across roads and streets,
water, sewer, storm water, parks and open space, and provides a series of options to
address it. Additionally, in order to fulfill the goals of Puget Sound cleanup and
restoration, compact development in urban centers, Vehicle Miles Traveled reductions,
and climate change, the state will need to provide local jurisdictions with infrastructure
funding and funding tools.
Session Specifics: A series of funding/tools bills are expected to be pursued.
6. Continuing state transportation needs.
Federal Way urges state lawmakers to recognize that significant needs remain in tenns of
investing in the state transportation system, both roads and transit.
Background: Voter approval of the 2008 "Mass Transit NO W" package will help extend
light rail south to F ederal Way City limits (272nd Street) and will beef up regional bus and
commuter rail service, but much more remains to be done in tenns of road improvements,
transit, and maintenance and operation oflocal systems. Looking ahead to 2009, Federal
Way recognizes that major deficits in the state transportation budget will preclude the
Legislature from adding new funding for state transportation projects.
Session specifics: Federal Way urges legislators to protect all current fimding for
important transportation projects. The top priority among these is the 1-5!SR-18iSR -161
'Triangle" Interchange, a proiect the Citv want.,> explicitlv called out on all proiect lists at
the state level. Additionallv. the Citv will look to protect funding and a place in the
queue for the k5/SI{:~?0? lln<iJ~5/p2n.dS.n:e~~ .in~~rc.h~llge.(Jroi.e(;ts: furth~r?tlle. (:ity.\\,.ill... ......., ~~::'~I~"l:~:I~:.~,-~s~:18::R- !
support new local-option tools such as a "Street Utility" for local road needs and M&O, <'.:. _________
as well as funding requests for transit and Commute Trip Reduction. ., , Deleted: the j
."10eleted: Additionally l
"----------~-~--~~------'
,
l
Support/Oppose Policy Positions
CRIMINAL JUSTICE
Protect criminal justice, law enforcement, and courts funding
SUPPORT. Federal Way will worlc closely with other local agencies, law enforcement organizations, and
courts organizations to protect operating budget funding for key criminal justice, law enforcement, and
courts priorities. These include municipal criminal justice, auto theft prevention. law enforcement academy
funding, and court interpreters.
Ensure fundinQ is in place if the leQislature chanQes state law on how property crimes are
charQed
SUPPORT. Legislators lUav well change state law regarding the monetary threshold that is used to
Qi.n"'fer!!iat~ill~<!clUcanor from a felony in.pwe.rtv crime cases. TIle current threshold 01'$250 !t~.'; not
changed for many Vears. Federal Way understands the legislativc dcsirc to update thc law, but will \('ork
with. A \VC and others to ensure any shifl i.n caseloads from the county lcvel. to cities is accompanied bv
adeQuatc funding to address the increased municipal prosecution and Municipal Court workloads.
J.,<>'<;:~~~jJt!<>.~. <lllt~o....i~J()J~p.()~~~ ~~h.i(;Il!l!_ o.f ~~s.~ ~.h~ .s~!~~itp.r().~~i!lI!e_~ . .. ........... n.. ..
SUPPORT. The City of Kent is expected to bring forward 2009 legislation that provides police with a
local-option tool to impound vehicles used by customers of prostitutes, particularly under-aged prostitutes.
Extending 9-1-1 taxes to "Voice Over Internet Protocol" providers
SUPPORT. Federal Way will support this legislation to be promoted by law enforcement and regional
dispatch providers.
Gangs Prevention Funding
S UPI'O RT. Federal Way is llr~rar~ .to _~tro!lgl v s~I.1?port<:f!;)rlsto .l:~a..nce tlJI!-<i.ing for. ga{lgs. interv~ntioll ~.. . .
specifically any efforts to add funding for prevention.
Registered Sex Offenders
SUPPORT. Iflegislation arises in 2009 to require the Department of Corrections to more consciously
factor individual neighborhood over-concentration into its decision on released RSO address approvals,
Federal Way will support it
Protecting privacy of rank-and-file police officers
SUPPORT. Federal Way will support legislation to better ensure this, ifit is brought forth.
Funding for medical costs incurred by jail offenders
SlJPPOR T. Federal Way will support efforts by A WC and others to obtain state funding assistance.
Jury Pay
SUPPORT. If the District and Municipal Court Judges' Association brings forth 2009 legislation to
enhance jury pay, Federal Way will support it.
Requiring municipal courts to. take on AHOs and DVPOs
OPPOSE. If legislation arises to turn this local-discretion authority into a requirement for Municipal
Courts, Federal Way will join others in opposing it.
ECONOMIC DEVELOPMENT & INFRASTRUCTURE
Infrastructure programs that support cities, feed economic development efforts
SUPPORT. As part of its active work in the infrastructure arena, Federal Way also will strongly support
funding and reauthorization efforts for the following:
Municipal Stormwater
Local Infrastructure Financing Tool (LIIT) program reauthorization and elimination of the one-
per-county limitation
· Brownfield cleanup funding
· Puget Sound Partnership cleanup/restoration "early action" projects
· Vehicle Miles Traveled reduction goals, compact development, Transit-Oriented Development,
etc.
Deleted: Increase the monetary
threshold for which property
crimes are a misdemeanor vis-a.
vis felony
,----~-------_.-------"'
Deleted: Federal Way strongly supports :
likely A we efforts to ensure that funding ,
is part of the equation if cities and
municipal courts take increased case loads
as a result of this statutory change. 1
1
. . { Deleted: will support efforts \
, _____.1
FIRE PREVENTION AND EMERGENCY SERVICES/HAZMAT
Impact fee authority for cities served by fire districts
NOT OPPOSE. Current state law allows most cities to charge GMA impact fees for fire service capital
facilities. However, that authority does not extend to some 39 cities served by fire districts. In 2008, the
Legislature attempted to remedy this with lIB 2110, which passed the House and advanced to Senate
Rules. Advocates of lIB 2110 will be bringing similar legislation forward in 2009, and Federal Way will
not oppose this effort.
FISCAL ISSUES
Unfunded mandates, legislation that erodes local authority, andlor legislation that erodes
local tax revenue
OPPOSE. This is an annual staple of the City's legislative agenda.
Countywide utility tax authority
OPPOSE. If King County or the Washington State Association of Counties promotes legislation to
establish countywide utility tax authority in state statute, Federal Way will join numerous other
municipalities and the A we in opposing that A countywide utility tax would result in a "double tax" on
city residents who already pay this tax. (Federal Way will remain neutral on proposals that involve new
utility tax authority for counties in unincorporated areas only.)
Clarifying authority for the state and. cities to impose a brokered natural gas tax
SU PPO RT. Federal Way will join the Department of Revenue, A WC, and other cities in supporting this
effort to clarify authority in the wake of a recent adverse State Supreme. Court decision.
Protect Operating and Capital Budget funding for cities and local governments
.s.lJ PP()~:r: Wh.ile th.estate 's.()~rati.nK~<i <:api.tall>u<igersc <i~ .n~t itnpactcities.an.dloclll gov~rnrnenls. as..
directly as they do schools, Federal Way will nonetheless join with A WC and others in strongly supporting
efforts to hold intact funding for programs where the state partners up with cities and local governments.
This includes everything from Streamlined Sales Tax. mitigation funding to shoreline update grants to
Model Toxics Control Act (MTCA) grants to the sales tax credit incentive for large-scale annexations.
Restrict business license authority
OPPOSE. The Washington State Retailers Association is expected to advance 2009 legislation to restrict
cities' authority to impose business license fees. Federal Way will join A we and others in opposing this
local pre-emption effort
Removing "non-supplanting" provisions in state statute
SUPPORT. Cities and counties may be teaming up in 2009 to recommend areas of state law where the
Legislature can .give local governments more flexibility in expending funds, and thus remove restrictive
"non-supplanting" provisions in statute. Federal Way will support these efforts, provided they do not
involve changes in the way funds are expended from any voter-approved measures already on the books.
ENVIRONMENTAL ISSUES
Puget Sound Partnership, Climate. Change, Green Building, etc.
SUPPORT. Federal Way is prepared to support initiatives for early-action funding, infrastructure funding,
and tax incentives involving environmental issues such as Puget Sound cleanup. and restoration, compact
development and transit-oriented development in urban centers, "Green Building," and reduction of
Vehicle Miles Traveled (VMT).
..1 Deleted: 'i
}
Expand electronic wastes. recycling statute
SUPPORT. Federal Way supports any effort to add things such as latex. paint, pesticides and mercury
products to the list of those for which specific recycling requirements are imposed.
,.- --..
GMAlHOUSINGIANNEXATIONllAND USE AND PERMITTING
SEP A... .. ... . . .. .. .. .. .. .. ... . ... .. . .. .... . .. .. .. .. . . .. . . ..
SUPPORT. The City is supportive of any efforts to streamline duplicative processes between SEPA and
substantive building, subdivision, and other codes. T. . ........ .....
Buildable lands
OPPOSE.rn recent years, the Washington Association of Realtors has promoted legislation to require "no
net loss of density" for buildable lands within urban growth areas. The legislation typically requires local
governments to do more - more data collection, more measuring of the land supply in their countywide
planning policies - without more. funding. [fsuch legislation arises in 2009, Federal Way will join the
A WC, other cities, counties and others in opposing it.
Requiring consistent development standards in PAAs or UGAs
SUPPORT. The A we may well promote legislation in 2009 to require that counties have development
standards in Potential Annex.ation Areas or Urban Growth Areas that are consistent with those in place for
neighboring cities. Absent the more direct legislation, a 2009 initiative may also require that counties
engage in a higher level of joint planning with respect to these areas. Federal Way will support either type
of legislative initiative.
Annexation Tools
SUPPORT. Federal Way will support the ex.tension of the state sales tax. credit mechanism in SSB 6686,
Laws of 2006, as well as other initiatives by A WC and local jurisdictions to ex.pand and enhance
annex.ation tools for cities.
Making GMA update cycles more consistent with federal census updates
SUPPORT. Current law requires that GMA comprehensive plans be updated at least once every seven
years. The updates are dependent on accurate population and census data - and yet census numbers are
updated only once every 10 years. Planning Directors, A we, and others may advance 2009 legislation to
better ''harmonize'' the timing of these and other required updates. [f such legislation is advanced, Federal
Way will be prepared to support it.
local Zoning Control over location of Mini-Casinos
SUPPORT. Federal Way will support legislation to ex.plicitly clarify cities' authority to zone the location of
mini-casinos, to grandfather in mini-casinos brought into a city through annex.ation, and to grandfather in
ex.isting zoning restrictions.
Urban Forestry
SUPPORT. There may be 2009 legislation providing cities with funding incentives for enhanced urban
forestry.
ImpOSing development standards in areas outside city limits where municipal water and
sewer service is provided
SUPPORT. The City of Gig Harbor is likely to advance 2009 legislation to clarify this authority.
,..{ Deleted: 'I
. . CD~leted: ~
Deleted: Federal Way will support
legislation in these areas and may
initiative draft language on the issue of
SEP A impacts 10 neighboring
jurisdictions.'Il
HUMAN AND SOCIAL SERVICES
Full funding of 2-1-1 system
SUPPORT. Continued efforts to obtain state funds to help fully fund the new 2-1-1 emergency
communications system to help seniors, the disabled, and vulnerable populations within Washington State
access social services.
Public Health funding
SUPPORT. Ensure a reliable and ongoing state revenue source for Public Health.
lEOFF/PERSfEMPLOYEE SERVICES ISSUES
lEOFF 2 enhancement
OPPOSE. If groups representing police and firefighters bring fOlWaro legislation that enhances LEOFF 2
system benefits and thus impacts cities' costs, Federal Way will join A WC in urging legislators to hold the
line on such benefit costs. Federal Way values its employees, but does have cost concerns regarding
LEOFF 2 enhancements on top of a series of LEOFF 2 and PERS rate increases that already have occurred
in recent years. Federal Way will work through AWe in this area.
"Presumptive Disease" for police
OPPOSE. Existing state law provides workers' compensation benefits for firefighters, and families of
firefighters, if their disease is presumed to have occurred as a result of the inherently dangerous conditions
they faced during their temts of employment This. is defined narrowly within state law. In 2009,
organizations representing rank-and-fiIe police officers. may bring fOlWard a "presumptive disease"
legislative proposals. This presents cost impacts and concerns for Federal Way. The eity will work through
AWe in this area.
MISCELLANEOUS GENERAL GOVERNMENT
Protecting bidding laws and contracting authority
OPPOSE. It is rare for a session in Olympia to go by without some group. putting a bill in front of the
Legislature to add new requirements to bidding, or to make it more difficult to reject all bids, or to change
notice provisions and claim rules for contractors. Federal Way will join other local governments in working
to protect local government authority in contracting and bidding laws.
Requiring that all Executive. Sessions be tape-recorded
OPPOSE. Key legislators are likely to re-introduce the required taping of local executive sessions - at least
under certain conditions. f.ede.rl!!.1!..ax ."yi/!.oppo..sl!, .I!'!!. ,,!ill"'!~..r.~.t~r:o..~gh.1. J!(;:n __ __. .. -.' { Formatted: Font: Italic
--~
Permanent revenue stream for "4Culture"
SCPPORT. Assuming this recommendation is included in those advanced by a King County Local
Financing Options Task Force that worked over the interim, Federal Way will support legislation to ensure
a permanent, ongoing revenue stream for King County "4Culture."
Public records requests
OPPOSE. Over the last several years, the Legislature has wrestled with how broadly "attorney-client
privilege" can be cited in ex:empting local agencies from public records requests - along with considering
several other matters related to the Public Disclosure Act 2009 is expected to be no different. An additional
wrinkle for 2009 is that some local agencies may request relief in tenus of being able to recover the
mounting costs of.retrieving public records either by paper or electronically. Federal Way will work
through the A we on this issue.
Expansion of wrongful death and injury claims
OPPOSE. LegislatiQn to. expand wrQngful death and injury claims against IQcal agencies and the private
sectQr narrQwly failed in 2008, and is expected to. be re-introduced in 2009. Federal Way will work through
the A we on this issue.
...------
PARKS AND RECREATION
Camp Kilworth
SUPPORT. Depending Qn the. QutCQme Qfa pending CQurt case challenging the BQY SCQut CQuncil Qf
America's sale Qfthe Camp KilwQrth property to. the City, Federal Way may need to. WQrk with its 30th
District legislatQrs to. re-appropriate 2007-09. Capital Budget funding tQward this purchase.
Gender Equity Reporting Requirements
OPPOSE. Federal Way will support effQrts to. ensure equity fQr all genders, races, and religiQns in the use
o.f lQcal playing fields and in who. may participate in lQcal parks programs. Ho.wever, the City willjQin
o.thers in QPPQsing Co.stly "gender equity" measures modeled o.n the unsuccessful 2008 legislatio.n.
TELECOMMUNICATIONS
Statewide franchise fee authority
OPPOSE. In 2007 and 2008, Qwest approached the Legislature, seeking enactment Qf a statewide
franchising structure fo.rcable and video services. Had the legislatiQn succeeded, it WQuld have pre-empted
local franchising authQrity that guides cable service in Federal Way and Qther IQcal markets aro.und the
state. Qwest and possibly o.thers will be back with this legislative proPQsal in 2009. If so., Federal Way will
join A we in stro.ngly o.pPQsing this attack Qn local CQntrol.
TRANSPORT A T10NfTRANSIT
TransitlCTR funding
SUPPORT. In 2009, transit agencies will recQmmend that the state be mQre Qf a partner in funding IQcal
transit if it wishes to. pro.vide mQre viable alternatives to. single-occupancy-vehicle modes of travel. Federal
Way supports enhanced state funding fo.r transit, and fQr the successful Co.mmute Trip ReductiQn (CTR)
program.
Pennission for motorcycles to. turn left at inoperable traffic signals
OPPOSE. Federal Way willjQin the WashingtQn State Patrol, the A WC, and o.thers in QPPQsing this type Qf
legislatiQn.
WATER ISTORMWATER
Water-sewer district assumptio.ns
OPPOSE. Federal Way jQins A WC and Qther cities in QPPQsing changes to. state law that add hurdles to. the
"assumptio.n" Qfwater-sewerdistricts by city water utilities. HQwever, there may be a trade-Qffsolution to.
this perennially-debated topic, o.ne which WQuld subject "assumptiQns" to. vQter-approval requirements if,
in return, cities are provided new authQrity to. impQse a utility tax Qn water-sewer service pro.vided inside
their cQrpo.rate bQundaries by water-sewer districts. An inequity exists nQW in that water Qr sewer service
provided by a city utility inside the corpQrate boundaries is currently subject to. the utility tax, but water Qr
sewer service provided by a district inside the corporate bo.undaries is no.t. Federal Way will QPpose effQrts
to. undennine cities' authQrity, and will track the trade-Qff discussiQn as it arises.
.j Deleted: ,
~;
November
2 0 0 8
Awe 2009 Major
Legislative Priorities
~
III
ASSOCIATION
OF WASHINGTON
CiTiES
On November 21,2008, the AWC Board adopted an
ambitious legislative agenda for this upcoming session. The
seven major legislative priorities that will be presented to the
Legislature by AWC and city officials fall under these three
key themes:
Maintaining and developing quality infrastructure for
safety and development;
Promoting city fiscal health and flexibility; and
Providing for flexible general government operations.
The 2009 session will be like no other in the last 25 years
given the projected $5.1 billion state budget deficit. Sucess
on the following issues will be difficult and only possible with
significant direct city official assistance.
Maintain and Develop Quality
Infrastructure for Safety and Development
It is in the state's interest to help cities develop and maintain
a strong infrastructure system that promotes economic
development and provides the state and cities needed
revenues. In addition, as public works become more complex,
cities need more management flexibility.
Major priority:
Infrastructure funding
· State infrastructure funding:AWC will continue to
pursue funding for infrastructure programs including:
. Local Infrastructure Finance Tool (LIFT)
. Community Economic Revitalization Board (CERB)
. Communications Infrastructure-Interoperability
. Washington Wildlife and Recreation Program
. State Brownfield Redevelopment Funding
. Local infrastructure options and f1exibility:AWC
will pursue local options to enhance transportation and
economic opportunities for cities including:
. Modify Alternative Public Works statutes
. Modify current architect/engineering services statutes
. Update bid limits authority
. Support enabling Community Facilities District
legislation
. Modify Community Revitalization Financing .statutes
. Harmonize use of I st and 2nd quarter local Real Estate
Excise Tax
. Pursue Street Utility authority
. Modify the Transportation Benefit Districts statutes
· Stormwater funding: The state needs to partner with
cities to help fund implementation of NPDES permits at
levels greater than the 2007-2009 biennium.AWC will
seek such financial assistance.
Promote City Fiscal Health and Flexibility
Cities need broad discretion in using existing revenue
sources to respond to local challenges. It's critical that cities
and towns also have the authority to look for new and
innovative strategies and resources.
Major priority:
Fiscal health
. Sales tax:AWC will seek to allow cities to levy the
.3 percent voter-approved public safety sales tax,
independent of county action, and remove supplanting
language and the requirement that one-third of funds be
spent solely for criminal justice purposes.
. Property tax:AWC will seek an increase of the property
tax cap of I percent for city EMS permanent levies,
using inflation as the cap. In addition,AWC will assist the
counties in obtaining state resources so every county can
conduct annual valuations.
· Fiscal aid for distressed cities and counties:AWC
will seek an increase to the City-County Assistance
Account and establish a "floor" so distributions to
qualifying cities do not drop below a certain amount.
continued
Association of Washington Cities. 1076 Franklin St SE . Olympia,WA 98501 . www.awcnet.org
Provide for Flexible
General Government Operations
It's critical that cities have the flexibility and local decision-
making authority to make the right decisions for their
citizens. Cities must be able to develop service delivery tools
in a way that's cost-effective, efficient and f1exible-and free
from unwarranted restraint.
Major priorities:
Oppose the requirement to tape executive sessions
and any restrictions of attorney-client privilege or
attorney work product
Cities will continue to oppose a requirement to tape all
executive sessions and any attempt to restrict attorney-client
privilege or attorney work product.
Annexation and city/county governance transition
AWC will advocate for more annexation tools to facilitate
annexations within urban growth areas and promote
incentives to facilitate agreement among a city and county to
jointly plan for and have consistent development regulations
in unincorporated urban areas.
~
.
Limiting liability for local government
AWC will continue to pursue reforms that limit joint liability
for public entities; work to amend the law so that juries may
be informed of seatbelt use; and support other entities that
wish to advance legislation relating to establishing a willful
and wonton level of misconduct for emergency workers.
Land use/gambling
AWC will defend cities' ability to fully ban gambling and seek
legislation that provides cities the ability to zone and partially
ban gambling facilities
City flexibility package
AWC will pursue proposals that support flexible and cost-
effective options for cities to provide essential services. '
1076 Franklin St SE
Olympia,WA 98501
ASSOCIATION wwwawcnetorg
OF WASHINGTON .' .
CiTiES
Attachment #2
CITY OF
FederalWsfj
2009
LEGISLATIVE AGENDA
CITY COUNCIL
Jack Dovey, Mayor
Eric Faison, Deputy Mayor
Jeanne Burbidge
Dini Duclos
Jim Ferrell
Linda Kochmar
Michael Park
CITY ADMINISTRATION
Neal Beets, City Manager
Linda Farmer, Communications and Government Affairs Manager
Table of Contents
About the City's Legislative Agenda
Top Priorities
Support/Oppose Policy Positions
Appendix A: Federal Way's Economic Stimulus Project List 12.20.08
Appendix BA: Washington's Infrastructure Crisis Brochure
Appendix CB: A WC Legislative Priorities
x
X
X
X
X
X
About the City of Federal Way 2009 Legislative Agenda
The City of Federal Way's 2009 Legislative Agenda reflects the City's position on
matters expected to arise either as legislation or through the State budget process, or both.
The City's level of involvement can be broken down into two categories:
Top Priorities. The City plans to actively involve itself in advocating for or against a
given legislative/budget provision.
Support/Oppose Policy Positions. The City has chosen to join others in either
supporting or opposing these legislative/budget issues.
An asterisk (*) indicates that Federal Way's position is consistent with the Association of
Washington Cities. See Appendix B for the A WC priority list.
For More Information
For more information about the City's 2009 Legislative Agenda, contact Linda Farmer,
APR, Communications and Government Affairs Manager, 253.835.2411 or
linda.farmer@cityoffederalway.com.
Top Prioritiesjin no particular orderl
-h. Funding for Performing Arts Center
~. Changing the State assault statute for look-alike guns
J-:. Funding for Dumas Bay seaweed cleanup & cause issues
.4;. Funding and tools to improve affordable housing
~. Infrastructure funding for local government
6:-. State transportation needs
4.-Funding for Performing Arts Center
Federal Way is pursuing funding for a 700-seat Performing Arts Center that will drive
economic development in its downtown.
Background: For nearly two decades, there has been a strong grass-roots interest in a
new performing arts center (PAC). In addition, the PAC is a cornerstone of the City's
downtown redevelopment strategy. A feasibility study showed that a 500-to-700-seat
performing arts center in the downtown - combined with conference and hotel facilities -
is viable and sustainable. Several sites are being evaluated and the grass-roots community
commissioned the Collins Group to complete a fundraising feasibility study that should
be complete in April 2009. Thanks to the leadership of its 30th District legislators, the
State has already provided $500,000 toward pre-construction design of the PAC. And.
private citizens of Federal Way. organized as the Federal Way Coalition ofthe
Performing Arts. applied for and received a positive recommendation for a PAC grant of
$325.000. This money would come from the Building for the Arts Fund. a program
QIlera(qd by the state agency CTED (Community. Trade. and Economic Development).
The fl!.ll~s to support this recommended grant are part oithe Governor's Capital Budget
for 2009-10.
Session specifics: The City will actively pursue PAC funding on three fronts:
1. Ongoing funding distribution (preferably direct) from the King County Local
Financing Options Task Force recommendations.
2. Earmarked funding of up to $5M in the 2009-11 Capital Budget under
"Local/Community Proj ects"
3. Ensuring that a $325,000 funding recommendation through the Building for the
Arts program is held intact during budget deliberations.
2.-Changing the State assault statute for look-alike guns
Federal Way is pursuing a change to state law to toughen penalties for assault charges in
cases where a look-alike gun is used to threaten a police officer in criminal incidents.
Background: In May 2008, a Federal Way officer in pursuit of a vehicle prowler saw the
suspect pull out a pistol, point it at the officer, and demand the officer stop chasing him.
The officer, fearing for his life, drew his pistol and fired two shots that missed the
suspect. After the prowler was taken into custody, police discovered the "gun" was an
air-soft pistol and not a real one. The officer involved had no way of knowing that.
Session specifics: 30th District legislators will sponsor the legislation, which has support
from the Washington Association of Sheriffs and Police Chiefs (W ASPC), the
Washington Association of Prosecuting Attorneys (W AP A), and the AWe. It will add
up to 12 months to third-degree assault charges in incidents where a look-alike gun is
used to threaten a police officer(s).
3.Funding for Dumas Bay seaweed cleanup and cause issues
Federal Way will actively pursue creation of a dedicated and reliable funding source for
beach and bay-area cleanups, as well as. funding to address underlying causes of
excessive seaweed growth.
Background: During the 2008 Session, Federal Way successfully worked with area
lawmakers to secure passage of legislation that allows for creation of "Beach
Management Districts" (E2SHB 3186) to help finance beach and bay-area cleanups. In
Federal Way's case, the BMD would be used to help with cleanup of sea lettuce, a type
of seaweed, that periodically grows in an uncontrollable manner on Dumas Bay. The
seaweed blooms smother sea life, emit a noxious odor and may pose a human health
hazard. As part of the BMD legislation, specific funding for Dumas Bay cleanup efforts
were approved by the Legislature but vetoed by the Governor. Still, the City believes
progress has been made, particularly with an Ecology-led pilot cleanup of Dumas Bay in
late 2008.
Session Specifics: Rep. Sharon Nelson, D_34th District., will be sponsoring legislation to
ensure a reliable and ongoing funding source for sea lettuce cleanup and "root cause"
analyses.
4.Funding and tools to improve affordable housing*
Federal Way will actively work with the A WC and others to provide funding and tools to
address affordable housing.
Background: Affordable work force housing and readily-available low-income housing
continue to be major challenges in South King County and throughout the Central Puget
Sound. Federal Way actively worked on this issue in 2008 as well.
Session specifics:
. Secure a revised "Housing for Everyone Tool" that the City of Seattle and others
have worked on using a tax-increment financing approach to build housing in
combination with new infrastructure, retail, and mixed-use centers,
. Protect existing funding for the Housing Trust Fund in the Capital Budget
. Secure state tax credits for employers who provide assistance or vouchers to
employees for housing purchase and rentals,
. Continue Rapid Response loan and grant programs to keep mobile home parks
from being converted to other uses,
. Allow cities to waive SEP A requirements for low-income housing projects,
. Potential funding package for Transit-Oriented Development (TOD) projects that
accommodate housing,
. Protect funding for other assistance programs for housing such as the "THOR"
program.
5.New infrastructure funding for local government*
Federal Way continues to be involved in an effort by cities, the A WC and others to look
for new funding and improvements in the state's programs for assisting with local
infrastructure.
Background: A "Washington's Infrastructure Crisis" brochure just published by A WC
(see Appendix A) documents the growing backlog of needs across roads and streets,
water, sewer, storm water, parks and open space, and provides a series of options to
address it. Additionally, in order to fulfill the goals ofPuget Sound cleanup and
restoration, compact development in urban centers; Vehicle Miles Traveled reductions,
and climate change, the state will need to provide local jurisdictions with infrastructure
funding and funding tools.
Session Specifics: A series of funding/tools bills are expected to be pursued.
6.-State transportation needs*
Federal Way urges state lawmakers to recognize that significant needs remain in terms of
investing in the state transportation system, both roads and transit.
Background: Voter approval of the 2008 "Mass Transit NOW" package will help extend
light rail south to Federal Way City limits (272nd Street) and will beef up regional bus and
commuter rail service, but much more remains to be done in terms of road improvements,
transit, and maintenance and operation of local systems. Looking ahead to 2009, Federal
Way recognizes that major deficits in the state transportation budget will preclude the
Legislature from adding new funding for state transportation projects.
Session specifics: Federal Way urges legislators to protect all current funding for
important transportation projects. The top priority among these is the I-5/SR-18/SR-161
"Triangle" Interchange, a project the City is calling out on all project lists at the state
level. Additionally, the City will look to protect funding and a place in the queue for the
I-5/SR-509 and I-5/272nd Street interchange projects. Further, the City will support new
local-option tools such as a "Street Utility" for local road needs and M&O, as well as
funding requests for transit and Commute Trip Reduction.
Support/Oppose Policy Positions
CRIMINAL JUSTICE
Protect criminal justice, law enforcement, and courts funding
SUPPORT. Federal Way will work closely with other local agencies, law enforcement organizations, and
courts organizations to protect operating budget funding for key criminal justice, law enforcement, and
courts priorities. These include municipal criminal justice, auto theft prevention, law enforcement academy
funding, and court interpreters.
Ensure funding is in place if the Legislature changes state law on how property crimes are
charged
SUPPORT. Legislators may well change state law regarding the monetary threshold that is used to
differentiate a misdemeanor from a felony in property crime cases. The current threshold of $250 has not
changed for many years. Federal Way understands the legislative desire to update the law, but will work
with A WC and others to ensure any shift in caseloads from the county level to cities is accompanied by
adequate funding to address the increased municipal prosecution and Municipal Court workloads.
Local-option authority to impound vehicles of those who solicit prostitutes
SUPPORT. The City of Kent is expected to bring forward 2009 legislation that provides police with a
local-option tool to impound vehicles used by customers of prostitutes, particularly under-aged prostitutes.
Extending 9-1-1 taxes to "Voice Over Internet Protocol" providers
SUPPORT. Federal Way will support this legislation to be promoted by law enforcement and regional
dispatch providers.
Gangs Prevention Funding
SUPPORT. Federal Way is prepared to strongly support efforts to enhance funding for gangs intervention-
specifically any efforts to add funding for prevention.
Registered Sex Offenders
SUPPORT. Iflegislation arises in 2009 to require the Department of Corrections to more consciously
factor individual neighborhood over-concentration into its decision on released RSO address approvals,
Federal Way will support it.
Protecting privacy of rank-and-file police officers
SUPPORT. Federal Way will support legislation to better ensure this, if it is brought forth.
Funding for medical costs incurred by jail offenders
SUPPORT. Federal Way will support efforts by A WC and others to obtain state funding assistance.
Jury Pay
SUPPORT. If the District and Municipal Court Judges' Association brings forth 2009 legislation to
enhance jury pay, Federal Way will support it.
Requiring municipal courts to take on AHOs and DVPOs
OPPOSE. Iflegislation arises to turn this local-discretion authority into a requirement for Municipal
Courts, Federal Way will join others in opposing it.
ECONOMIC DEVELOPMENT & INFRASTRUCTURE
Infrastructure programs that support cities, feed economic development efforts
SUPPORI'. As part of its active work in the infrastructure arena, Federal Way also will strongly support
funding and reauthorization efforts for the following:
. Municipal Stormwater
. Local Infrastructure Financing Tool (LIFT) program reauthorization and elimination of the one-
per-county limitation
. Brownfield cleanup funding
. Puget Sound Partnership cleanup/restoration "early action" projects
. Vehicle Miles Traveled reduction goals, compact development, Transit-Oriented Development,
etc.
FIRE PREVENTION AND EMERGENCY SERVICES/HAZMAT
Impact fee authority for cities served by fire districts
NOT OPPOSE. Current state law allows most cities to charge GMA impact fees for fire service capital
facilities. However, that authority does not extend to some 39 cities served by fire districts. In 2008, the
Legislature attempted to remedy this with HB 2110, which passed the House and advanced to Senate
Rules. Advocates ofHB 2110 will be bringing similar legislation forward in 2009, and Federal Way will
not oppose this effort.
FISCAL ISSUES
Unfunded mandates, legislation that erodes local authority, and/or local tax revenue
OPPOSE. This is an annual staple of the City's legislative agenda.
Countywide utility tax authority
OPPOSE. If King County or the Washington State Association of Counties promotes legislation to
establish countywide utility tax authority in state statute, Federal Way will join numerous other
municipalities and the A WC in opposing that. A countywide utility tax would result in a "double tax" on
city residents who aheady pay this tax. (Federal Way will remain neutral on proposals that involve new
utility tax authority for counties in unincorporated areas only.)
Clarifying authority for the state and cities to impose a brokered natural gas tax
SUPPOR'r. Federal Way will join the Department of Revenue, A WC, and other cities in supporting this
effort to clarify authority in the wake of a recent adverse State Supreme Court decision.
Protect Operating and Capital Budget funding for cities and local governments
SUPPORT. While the state's Operating and Capital budgets do not impact cities and local governments as
directly as they do schools, Federal Way will nonetheless join with A WC and others in strongly supporting
efforts to hold intact funding for programs where the state partners up with cities and local governments.
This includes everything from Streamlined Sales Tax mitigation funding to shoreline update grants to
Model Toxics Control Act (MTCA) grants to the sales tax credit incentive for large-scale annexations.
Restrict business license authority
OPPOSE. The Washington State Retailers Association is expected to advance 2009 legislation to restrict
cities' authority to impose business license fees. Federal Way will join A WC and others in opposing this
local pre-emption effort.
Removing "non-supplanting" provisions in state statute
SUPPORT. Cities and counties may be teaming up in 2009 to recommend areas of state law where the
Legislature can give local governments more flexibility in expending funds, and thus remove restrictive
"non-supplanting" provisions in statute. Federal Way will support these efforts, provided they do not
involve changes in the way funds are expended from any voter-approved measures aheady on the books.
ENVIRONMENTAL ISSUES
Puget Sound Partnership, Climate Change, Green Building, etc.
SUPPORT. Federal Way is prepared to support initiatives for early-action funding, infrastructure funding,
and tax incentives involving environmental issues such as Puget Sound cleanup and restoration, compact
development and transit-oriented development in urban centers, "Green Building," and reduction of
Vehicle Miles Traveled (VMT).
Expand electronic wastes recycling statute
SUPPORT. Federal Way supports any effort to add things such as latex paint, pesticides and mercury
products to the list of those for which specific recycling requirements are imposed.
GMAlHOUSING/ANNEXATION/LAND USE AND PERMITTING
SEPA
SUPPORT. The City is supportive of any efforts to streamline duplicative processes between SEP A and
substantive building, subdivision, and other codes.
Buildable lands
OPPOSE. In recent years, the Washington Association of Realtors has promoted legislation to require "no
net loss of density" for buildable lands within urban growth areas. The legislation typically requires local
governments to do more - more data collection, more measuring of the land supply in their countywide
planning policies - without more funding. If such legislation arises in 2009, Federal Way will join the
A WC, other cities, counties and others in opposing it.
Requiring consistent development standards in PAAs or UGAs
SUPPORr. The A WC may well promote legislation in 2009 to require that counties have development
standards in Potential Annexation Areas or Urban Growth Areas that are consistent with those in place for
neighboring cities. Absent the more direct legislation, a 2009 initiative may also require that counties
engage in a higher level of joint planning with respect to these areas. Federal Way will support either type
of legislative initiative.
Annexation Tools
SUPPORT. Federal Way will support the extension of the state sales tax credit mechanism in SSB 6686,
Laws of 2006, as well as other initiatives by A WC and local jurisdictions to expand and enhance
annexation tools for cities.
Making GMA update cycles more consistent with federal census updates
SUPPORT. Current law requires that GMA comprehensive plans be updated at least once every seven
years. The updates are dependent on accurate population and census data - and yet census numbers are
updated only once every 10 years. Planning Directors, Awe, and others may advance 2009 legislation to
better "harmonize" the timing of these and other required updates. If such legislation is advanced, Federal
Way will be prepared to support it.
Local Zoning Control over Location of Mini-Casinos
SUPPORT. Federal Way will support legislation to explicitly clarify cities' authority to zone the location of
mini-casinos, to grandfather in mini-casinos brought into a city through annexation, and to grandfather in
existing zoning restrictions.
Urban Forestry
SUPPORT. There may be 2009 legislation providing cities with funding incentives for enhanced urban
forestry.
Imposing development standards in areas outside city limits where municipal water and
sewer service is provided
SlJPPORT. The City of Gig Harbor is likely to advance 2009 legislation to clarify this authority.
HUMAN AND SOCIAL SERVICES
Full funding of 2-1-1 system
SUPPORT. Continued efforts to obtain state funds to help fully fund the new 2-1-1 emergency
communications system to help seniors, the disabled, and vulnerable populations within Washington State
access social services.
Public Health funding
SUPPORT. Ensure a reliable and ongoing state revenue source for Public Health.
LEOFF/PERS/EMPLOYEE SERVICES ISSUES
LEOFF 2 enhancement
OPPOSE. If groups representing police and firefighters bring forward legislation that enhances LEOFF 2
system benefits and thus impacts cities' costs, Federal Way will join A WC in urging legislators to hold the
line on such benefit costs. Federal Way values its employees, but does have cost concerns regarding
LEOFF 2 enhancements on top of a series of LEOFF 2 and PERS rate increases that already have occurred
in recent years. Federal Way will work through AWe in this area.
"Presumptive Disease" for police
OPPOSE. Existing state law provides workers' compensation benefits for firefighters, and families of
firefighters, if their disease is presumed to have occurred as a result of the inherently dangerous conditions
they faced during their terms of employment. This is defined narrowly within state law. In 2009,
organizations representing rank-and-file police officers may bring forward a "presumptive disease"
legislative proposals. This presents cost impacts and concerns for Federal Way. The eity will work through
A we in this area.
MISCELLANEOUS GENERAL GOVERNMENT
Protecting bidding laws and contracting authority
OPPOSE. It is rare for a session in Olympia to go by without some group putting a bill in front of the
Legislature to add new requirements to bidding, or to make it more difficult to reject all bids, or to change
notice provisions and claim rules for contractors. Federal Way will join other local governments in working
to protect local government authority in contracting and bidding laws.
Requiring that all Executive Sessions be tape-recorded
OPPOSE. Key legislators are likely to re-introduce the required taping oflocal executive sessions - at least
under certain conditions. Federal Way will oppose, but will work through AWe.
Permanent revenue stream for "4Culture"
SlJPPORT. Assuming this recommendation is included in those advanced by a King County Local
Financing Options Task Force that worked over the interim, Federal Way will support legislation to ensure
a permanent, ongoing revenue stream for King County "4Culture."
Public records requests
OPPOSE. Over the last several years, the Legislature has wrestled with how broadly "attorney-client
privilege" can be cited in exempting local agencies from public records requests - along with considering
several other matters related to the Public Disclosure Act. 2009 is expected to be no different. An additional
wrinkle for 2009 is that some local agencies may request relief in terms of being able to recover the
mounting costs of retrieving public records either by paper or electronically. Federal Way will work
through the A we on this issue.
Expansion of wrongful death and injury claims
OPPOSE. Legislation to expand wrongful death and injury claims against local agencies and the private
sector narrowly failed in 2008, and is expected to be re-introduced in 2009. Federal Way will work through
the A we on this issue.
PARKS AND RECREATION
Camp Kilworth
SUPPOR!". Depending on the outcome of a pending court case challenging the Boy Scout Council of
America's sale of the Camp Kilworth property to the City, Federal Way may need to work with its 30th
District legislators to re-appropriate 2007-09 Capital Budget funding toward this purchase.
Gender Equity Reporting Requirements
OPPOSE. Federal Way will support efforts to ensure equity for all genders, races, and religions in the use
of local playing fields and in who may participate in local parks programs. However, the City will join
others in opposing costly "gender equity" measures modeled on the unsuccessful 2008 legislation.
TELECOMMUNICATIONS
Statewide franchise fee authority
OPPOSE. In 2007 and 2008, Qwest approached the Legislature, seeking enactment of a statewide
franchising structure for cable and video services. Had the legislation succeeded, it would have pre-empted
local franchising authority that guides cable service in Federal Way and other local markets aroWld the
state. Qwest and possibly others will be back with this legislative proposal in 2009. If so, Federal Way will
join A WC in strongly opposing this attack on local control.
TRANSPORT ATIONITRANSIT
TransitlCTR funding
SUPPORf. In 2009, transit agencies will recommend that the state be more ofa partner in funding local
transit if it wishes to provide more viable alternatives to single-occupancy-vehicle modes of travel. Federal
Way supports enhanced state fWlding for transit, and for the successful Commute Trip Reduction (CTR)
program.
Permission for motorcycles to turn left at inoperable traffic signals
OPPOSE. Federal Way will join the Washington State Patrol, the A WC, and others in opposing this type of
legislation.
WATER ISTORMWATER
Water-sewer district assumptions
OPPOSE. Federal Way joins A WC and other cities in opposing changes to state law that add hurdles to the
"assumption" of water-sewer districts by city water utilities. However, there may be a trade-off solution to
this perennially-debated topic, one which would subject "assumptions" to voter-approval requirements if,
in return, cities are provided new authority to impose a utility tax on water-sewer service provided inside
their corporate bOWldaries by water-sewer districts. An inequity exists now in that water or sewer service
provided by a city utility inside the corporate boundaries is currently subject to the utility tax, but water or
sewer service provided by a district inside the corporate bOWldaries is not. Federal Way will oppose efforts
to Wldermine cities' authority, and will track the trade-off discussion as it arises.
O;:O-l
om:!.
~3llJ
... ::J
. III f2,
o CD
"U-o
::r...
w 0
"'_.
'" CD
-~
W .
::J _
o.rA
"U_
~!G
'" ....
=01
p'....
"'O""C...,I.I>>--1
::r Dl Q) a. ::T
nl ;:+ -a. Q: Cir
m am g~
-~~ ~~.
"'0 gO> a
.2. fa ~ ~
~ m ~ ~
a-; a~
3 ~ &;~.
-g. 5' ~ g.
~~ (J)
'" ::r ;:II
=u)" I
oS:
ur
~
.j>.
0>
;:::
~~~
g.~UJ
oS ;:::
'"
w
.j>.
;:::
2:~~~.m~g g
~ :: ~ g ~ s- ~~
ffi g iii' ~ ~ ~ 5 .2.
~~-~~~~ga
O"iii.31o.",'<_.::;:
~ a:J~ !_3 ~g.=
E~ ~r:f~ ~~
a.a.~m~5.~
ro 8 CD~a."O ~
g.3Q<D~~(1)
o3~::soa:CJ1
:'~3~mmg
:T Q. m :J en
g ~;;t. Q. S
m""Q s'c5 m
:J .2, co
g.~ ~r
g(/) a!.
~8~g~Q~Q
@-5 p~'"* ~fJ ~
g.~4'fu-[~5-~
~g.Q'E"""~~w
I\,) CDmOg",:E
~ ~-< g a
.... co
~3~Q~
:J "0 c."'O CD
ur~&,~.!l
CP CD'':<
-<:
3 tl'
... on
~ i
CD r-
3 llJ
CD ~
a"
!II 0'
00
00.
~~
. a
2.
CIl::;:-l
ww::r
Orour
~...,"O
:T8a
fa ~ "ffi'
CD ro g.
~~ ~_.
W ::J
5. 2 ~.
~~ ~
:TroD)
)>3::J
c.5 a!. ~
?f~ ~
c Q
5' 3
(fl
~
....
"
2'",~
:JO....
g.~~
0. "
(fl
....,
'"
0>
"
~~g~~
=cr:::-.Cf) en
-<roQ..m""Q
~ s: So 5-~'
a.CDcnWo
gQQ~;
"'-<:3"=
ffio~~~
~ ~-~ ~ ~
s.~~ffi*
...... "'0 a. (Q
ffi~~3g
~aQ)~8
~~m~~
g>f!~a.~
c :::!:
:J 0
P. :J
00 "UO"'" 0'-0
~~.Q.~~g~g
<0 "'0 (1) S' ~ !e. CD :::-
3~g.Lm2~~
~~f ~~gg;
~ ~og' ~
g ~ a.
~ 3 QJj ~
a-aa8s'
<ca.D)
co":::: (Q
, '"
CIl
'"
??
o
<D
0>
ID
i'3
o
o
....,
o
~
o
<D
_W'"
"'N....
::r.j>....
......::J'
_::J')>
3 Ul <
"C q CD
~[~
~o-~
a~:E
!A ~~
O"'Ul
o~.
~ctUl
. CD
!l
~~~
~~.:;
ca: ~.2,
::r::r",
(turs
. ~.~
g.3
::;:""Q
-. 0
=<
w '"
c.",
0.",
0.
....'"
m!1l.
:J :::!.
'" W
::;: ::J
~
0>
o
"
(fl
o
6
o
~
0>
o
^
~ mo' ~
~ <D' ~ (ii'
c-<""ro-o
~ ~ 5-.2.
gg.~~
:T ; ~ ~.
w"< en =
:J crWCC
(LCDCD'CD
~lif:<,ffi
:T~~~
~~o.~
~ 5' ffl b
g>g~g
s.co-o!e.
?"~2:~
:T ,r g
::J
~841g~QEQ
~-5~~~~ffi~
3i[ac-m2~~
~~.r ~~gfi5;
~ ~o'g' ~
g f5 a
33C1l"UCIl
~-o*,~~
ar~~m.!B.
CD :::::I.
, W
::J
)> )>
'" ""Q
" 6
0
<D <D
CIl
'"
'" m
6 lil
<D 3
"J;!.
::J Z Z
:g )> ::J)>
0.- :g;u
'" ;:II
0.0 0.0
-~ ~~
::J -::J
a a
3 !II
... W
o .j>.
< !1l
CD ::J'
~@
::> ....
lit:a.
0)>
oii
~~
. !!:
on
CD
~
o'
:l
~mCD-OO-i
J!~' m.~. ~ ~
g~gg.Q."Q
3g;3~~~'
o.=.o.o;-;:a
~~8:~~
'" ::;: OJ 5. =:
~CDf\J-5
E.6=a~m
~giO~en
ga.:eo'~
B.mfi?ffi
~a.~g
o.w~en
0.",
0.
(fl
.j>.
'"
;:::
2''3 ~
:J 0> .
0.. 0>
~~s:
(fl
'"
'"
;:::
o3"'!!!.c5"-l
~~~<gg~
8~ g~-~~fa
3~m:l~ro'
3-3;;og.
5S.Q:::I(i~
~~CDQ.~=
. cCrm<f! mcc
~5f~~~
m 2: :::I' :::I) ~
a6~~a
o CD -. CD
g~[~g
o.ow:::lo
en ..., 0 w 0
~Q'~m~
2:5':<'::;:2
:::I (Ow;:::;':O
~ a.:Tg
~g4'g~QEQ
~-5~'~'~ ~ffi ~
3S[ac-m2~~
~g' ~~&g;
~ ~og'~
g f5 a.
~3g:Q~
:l-o Q.-o CD
en ~ &' ~. ~
cp nr~
-<:
Attachment #3
~-o
0;:0
o~
:l1m
II 0
o-l
~~
o ;:::
"'m
;r1lO
c.Ul
; ~
-Z
:El/I
llJ 0
:$;:0
-0
;:0
o
'-
m
o
-l
o
m
l/I
o
;:0
:;;
-l
5
Z
O-o-l
0;:00
l/I~~
-lmr-
0
-l
"Ul
em
zo
oe
zill
COlo
;:' i! ill
;:'D
5. ffi
~~
0
.?
m
0
0
z
0
s:
(;
0
!2
m
r-
0
-0
s:
m
z
~
0
Ul
l/I
;:0-0
!j!,!;:O
02
-m
Zo
gJ-l
l/I
~~
ill~
m
0
-l
)> 0-0)>
'" )>l/Io
6 -lllOo
<D mm...
CIl )>
'"
'" -0
6 o-oz
<D )>;:Om
-lO-o
m<)>
)>
r-
)> )>;:0
""Q -00
0 0-o:E
<D ~~o
m<m
)>;;11
r--l
(')
=i
-<
o
"T1
"T1
m
C
m
~
r
~
-<
m
(')
o
z
o
s:
n
C/)
....
~
c
r
c
C/)
"'C
:::0
o
to.
m
(')
....
C/)
:::0
m
<
(jj
m
c
.....
N
N
o
b
<XI
III 0
o "V _.
I:::r'"
:7=~
g II) CD
I: (01"
:I .. ;-
c,-l~
a!;i!;'
.... :. ~
.. .. In
3 ; In
:!' &A "'U
ocro
0'" 'i'
31b;~
o ~ tB. ~
g>s.~Cir
s.~~""Q
~ ~ ~~.
f\Ja.~g.
S!D1...::E
~oc:o
fgm~~
m en OJ ill
ro ~ ::J a.
~Dlma.
~g~
=t'_9:
~ffig
&; ~
g ~ -g ~ tn~ ~ ~ -g ~ g. 8 ~ ~
cS.-O!!!.' CD c;:T2::3!!!..5 1/1 Cii'
g~'~~~~.~.~ g ~~S ~~
_ ffi c5" ro m cB co <D 0 . (Q co =.2.
~a.~ g.~C"g m i~~~ ~~
:::U~:JiiJ-~:JiD'mg::r- ~~
o_a.-ffi^~<"'O ::r~Dl'Y.=
"";-ffi~ ~""Q-6 ~~.Q.gJg 5.cE'fi
~g~'i.;g ~sm fJ ~o~
~ ~ s:g.~~ ~.~ ~a~~~
-cr ~..., a.ac: -1'< 3 a.ro
(J)(C 3 (J) g 5'~ c:::r"2.o CD ~
~ a m. ~ S:t5 g. ~ ~~ g ~ g
0.~5.o ~o.!!! o.::TI:~Ul 0
:Tee 5..'< IDeO 9:~ CD ~o
@lw a.cnDicogco:J CD~
IDea te"ga;s 0"::3 weD ~~
g'!2, mo-w'<~!a G>!i
f!l..(I) ~a-a - ;. ~~r
1\.,)0 I'VO"<O ())>
~3 ~~~ 0 c.
:->>,~_o5'~ ~E
~ ~~~ffi
g <c _ :!: I\.J
c: 0 0 0
c- UJ :J ~
1:'" 0
" .
'"
~3gJQ~
:J "'0 0.-0 CD
ut~g>~.~
'P CD'<
.:<
0'11"'" "V
o!.o;~
~o~ e:~
. 3~~~
~. ~ ~ ~
>3C,;
::I. 0 !!,,,,
en s;::...CD
~ o' ~."C
a;~ .g
co 0 .. co
~..,~~
~
<I>
..,
0,
(1J
;:
~g~~""Q-g~~:i
e&g8~~'5'~(jr
",~33!!!o.~""U
!e.~ 0 3 (l) ~~.(Q.Q
~ ~ ~ 8. ~ 5 c5 ~ ~.
DJro-CDW 0.)>01-
:JxDlmQ.Ch;::a.cc:E
~~a:T~ocn~~
;:::;:Q.m _co ()Q a.
cr"E"U~DJ~wCT
~ro~:J~m~~
~.a.w ~~~<?~
~ ~~m)>~f\J
_m ~o_~JJ!?l?
::r ill ::II)) ~
~ s- CoB. ~
~
o
;:
<I>
o
<I>
..,
0,
(1J
;:
3g3&~~~~~a~Q[Q~&~
~~~~~'~~~3~'~a~a~~~
ro~~m~~ffi~~~~~g~~~a
~~~m~~~~~~~~o~~~~'
oo~ooffi~~~wo~n3~3w~
3!~~~~~~m~~~~~~~~
~~=~o~m~~~;~~ia~~
~;a~~~wg~~~3:m~aQ
~g~m~~~S'~m&~~i~~m
~~i~~~~~8~~~~~~g~
2.m~~"'C o:E~-ffi'-<-occ..,O'o
~c~om~3~~~~ roCC~~O
~~a~~~~~3g~ ~@~ g
~n)'-<;lmg~~ffi!. ~.~~ ~
<S-se.m _.m ;EDJ ~ () c
~5'0'-< ;x erm ~~~ g
~ ~ _g iZ"8: g
.., '" oee 0
~~ g ~ m
e~~gcB'
Nro2~~
~~g~~
. 0 -a.CC
~ 95'
~
5.
3::00
~ ~~
ffi~Q
85a
. "'C ~
3 0"
<1> '" 0
" < 3
..... ~ o'
'i'
'-
c:
"
'"
..:;
o
;:
DI
n
::T
..,
~
o
" ::0
'" 0
~~
c."
g.
C/lr-"V
w....
"'''0
~m~
C/l"U:I:
~~cEi'
'" Ul ::r
~~:E
.:::~
~g'
Ul I:
::T9'
J;!:I:
~~
c;
g8~;I~5;1
-g ~e~'~5=~'
Q.S-~..,a:m...,
c~c..Q.~~..Q.
~ Q) 0 CD Qi Q. co
~ams-~~s-
... Pl ~. - s.::E
~ R=~fr~
aco3;;;toQ.
3a~s'5OJ
~~~~_Q.8:
CO~CDwoI
~!p..@a~~
~.~:~~~w
-~:2I-oC~
~~~5'~m
o.~ cp""
<I>
~
W
;:
<I>
o
2' Cii ~
~~~
.e, ;:
<I>
(1J
;:
<I>
W
;:
g m g,& ~
i! gr ~. -~. ;
~~~~~.
~miir~s-
fi.~.g~~
6'~~m(C
"", ~ ~ ~. ~
:T:T-CD
~<~~a
@-roo~(l)
. ~:;~ ~
CD =r ~ 0
;:.0 ::0 0
-. C OJ 0
m ~ '2. ~
':<0."
- I:
'" g.
:J -.
0. 0
"
Oo"'C''''o-no
S-3 ~~~ g ~g
g.-o95'~se.2-
~ ![ 1J )> CD 2 _~ ~
-...,-00.0....-
~g..Q.:::::!._~Nm
~ ~-og~~
9a
33gJQ!a
ro "'0 0."'0 m
~ o~ C/l '" '"
.. ($ *'~...
.:<
-i
ro
o
o
<1>
~
o
<D
oJ
o
'-
I:
-<
o
'"
-l
ro
o
o
g.
o
<D
Attachment #4
DRAFT Urban Agenda for 2009-2010 Washington State legislature
November 25. 2008
Jincorporatin~ su~~ested edits from Mavors),
Infrastructure
Urban Agenda cities in the State of Washington call upon the Legislature to recognize the role
that metropolitan areas play in the economic health of the state and in fulfilling growth
management and climate change goals. To that end we urge the Legislature to provide funding
and tools to urban areas in support infrastructure needed to meet these goals, including:
. Provide a constitutional fix to the existing street utility statute to provide cities with the
authority to implement a street utility tax to help meet local street and transportation
needs;
. Support creation of an infrastructure bank to provide grant assistance to urban cities;
. Enact comprehensive tax increment financing legislation; reform current community
revitalization statute to make this a more viable tool; extend current LIFT law and
provide funding to allow additional grants in 2009 and 2010;
. Modify existing REET laws to allow for up to 25% of funds to be used for maintenance
and opcr;]tion of facilities constructed utilizing REET and harmonize allowable uses
between REET 1 and REET 2; and...
. Focus a state stimulus package on urban infrastructure needs to assure best alignment
of resources with employment and population centers; and...
. Maintain the integrity of the Public Works Trust Fund as a loan resource for local
infrastructure.
Safe Cities
Urban Agenda cities in the State of Washington call upon the Legislature to assure the State is
our partner in keeping our citizens safe and healthy. To that end we urge the Legislature to
provide revenue and/or local options in support of safe cities, including:
. Increase state funding of local public health jurisdictions. including funding to address
mental health needs;
. Modify existing local option public safety sales tax authority to allow more flexible
options (ie, single or multiple city use; eliminate earmark provisions);
. Provide innovative tools, such as the Housing Everyone Financing Tool, to improve
housing accessibility, including affordable and workforce housing;.
. Provide ongoing funding for the Housing Trust Fund; and",
. Authorize specific tools that can help law enforcement in urban areas manage unique
levels and types of incidents involving drugs, weapons, gangs, and prostitution --
particularly prostitution operations that endanger youth.
Fiscal
. Extend the annexation sales tax credit commencement date beyond January 2010,
retain and commit to the ten year duration, remove the population threshold, and
modify the restriction on which cities can utilize the credit, recognizing the State will
need to apply limits on the use based on revenue availability.
. Maintain the State's commitment to provide SST mitigation for negatively affected
jurisdictions.
November
200 8
Awe 2009 Major
Legislative Priorities
Attachment #5
+S
.
ASSOCIATION
OF WASHINGTON
CiTiES
On November 21,2008, the AWC Board adopted an
ambitious legislative agenda for this upcoming session. The
seven major legislative priorities that will be presented to the
Legislature by AWC and city officials fall under these three
key themes:
Maintaining and developing quality infrastructure for
safety and development;
Promoting city fiscal health and flexibility; and
Providing for flexible general government operations.
The 2009 session will be like no other in the last 25 years
given the projected $5.1 billion state budget deficit. Sucess
on the following issues will be difficult and only possible with
significant direct city official assistance.
Maintain and Develop Quality
Infrastructure for Safety and Development
It is in the state's interest to help cities develop and maintain
a strong infrastructure system that promotes economic
development and provides the state and cities needed
revenues. In addition, as public works become more complex,
cities need more management flexibility.
Major priority:
Infrastructure funding
. State infrastructure funding:AWC will continue to
pursue funding for infrastructure programs including:
. Local Infrastructure Finance Tool (LIFT)
. Community Economic Revitalization Board (CERB)
. Communications Infrastructure-Interoperability
. Washington Wildlife and Recreation Program
. State Brownfield Redevelopment Funding
. Local infrastructure options and f1exibility:AWC
will pursue local options to enhance transportation and
economic opportunities for cities including:
. Modify Alternative Public Works statutes
. Modify current architect/engineering services statutes
. Update bid limits authority
. Support enabling Community Facilities District
legislation
. Modify Community Revitalization Financing statutes
. Harmonize use of I st and 2nd quarter local Real Estate
Excise Tax
. Pursue Street Utility authority
. Modify the Transportation Benefit Districts statutes
· Stormwater funding:The state needs to partner with
cities to help fund implementation of NPDES permits at
levels greater than the 2007-2009 biennium.AWC will
seek such financial assistance.
Promote City Fiscal Health and Flexibility
Cities need broad discretion in using existing revenue
sources to respond to local challenges. It's critical that cities
and towns also have the authority to look for new and
innovative strategies and resources.
Major priority:
Fiscal health
· Sales tax:AWC will seek to allow cities to levy the
.3 percent voter-approved public safety sales tax,
independent of county action, and remove supplanting
language and the requirement that one-third of funds be
spent solely for criminal justice purposes.
· Property tax:AWC will seek an increase of the property
tax cap of I percent for city EMS permanent levies,
using inflation as the cap. In addition,AWC will assist the
counties in obtaining state resources so every county can
conduct annual valuations.
· Fiscal aid for distressed cities and counties:AWC
will seek an increase to the City-County Assistance
Account and establish a "floor" so distributions to
qualifying cities do not drop below a certain amount.
continued
Association of Washington Cities . 1076 Franklin St SE . Olympia, WA 9850 I . www.awcnet.org
Provide for Flexible
General Government Operations
It's critical that cities have the flexibility and local decision-
making authority to make the right decisions for their
citizens. Cities must be able to develop service delivery tools
in a way that's cost-effective. efficient and flexible--and free
from unwarranted restraint.
Major priorities:
Oppose the requirement to tape executive sessions
and any restrictions of attorney-client privilege or
attorney work product
Cities will continue to oppose a requirement to tape all
executive sessions and any attempt to restrict attorney-client
privilege or attorney work product.
Annexation and city/county governance transition
AWC will advocate for more annexation tools to facilitate
annexations within urban growth areas and promote
incentives to facilitate agreement among a city and county to
jointly plan for and have consistent development regulations
in unincorporated urban areas.
~
.
Limiting liability for local government
AWC will continue to pursue reforms that limit joint liability
for public entities; work to amend the law so that juries may
be informed of seatbelt use; and support other entities that
wish to advance legislation relating to establishing a willful
and wonton level of misconduct for emergency workers.
Land use/gambling
AWC will defend cities' ability to fully ban gambling and seek
legislation that provides cities the ability to zone and partially
ban gambling facilities
City flexibility package
AWC will pursue proposals that support flexible and cost-
effective options for cities to provide essential services.
1076 Franklin St SE
Olympia.WA 9850 I
ASSOCIATION wwwawcnet.or
OF WASHINGTON . g
CiTiES
COUNCIL MEETING DATE: January 6, 2009
ITEM #:J?d.
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: NOVEMBER 2008 MONTHLY FINANCIAL REPORT
POLICY QUESTION: Should the Council approve the November 2008 Monthly Financial Report?
COMMITTEE: N/A
MEETING DATE: N/A
CATEGORY:
D Consent
[8] City Council Business
D Ordinance
D Resolution
D
D
Public Hearing
Other
~!~~!~~2~I-~X.=-!h.<:>_.~'.!E~?..!')!!~P.:.~~...!?.~~~~!~!..........
Attachments:
· November 2008 Monthly Financial Report
Options Considered:
1. Approve the November 2008 Monthly Financial Report as presented.
2. Deny approval of the November 2008 Monthly Financial Report and provide direction to staff.
DEPT: Finance
STAFF RECOMMENDATION: Staffrecommends approval of Option 1.
~)
/}.. /
Co
~
DIRECTOR ApPROVAL:
e
CITY MANAGER ApPROVAL:
COMMITTEE RECOMMENDATION: The November 2008 Monthly Financial Report was not reviewed by FEDRAC due
to cancellation of the December meeting.
Mike Park, Chair
I>ini I>uclos, Mernber
Eric Faison, Member
PROPOSED COUNCIL MOTION: "I move approval of the November 2008 Monthly Financial Report. "
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
o APPROVED
o DENIED
o TABLED/DEFERRED/NO ACTION
o MOVED TO SECOND READING (ordinances only)
REVISED - 02/06/2006
COUNCIL BILL #
1 ST reading
Enactment reading
ORDINANCE #
RESOLUTION #
C'TYOF A
Federal Way
November 2008 Monthly Financial Report
GENERAL & STREET FUND OPERATIONS
The overall operations of the combined General and Street Fund showed a negative result of $292K through November. Overall
revenue total $36.4M and is $1.1M or 3% below budget. The negative variance is due to Sales Tax ($600K), Building Permits
($677K), and Interest Earnings ($408K).
OPERAllNG REVENUES
Property Taxes 8,865,097 9,006,922 8,975,799 9,122,267 9,061,979 9,155,599 93,619
Sales Tax 12,932,071 13,048,623 11,972,554 13,089,443 12,010,013 11,410,360 (599 653
Criminal Justice Sales Tax 2,142,502 2,145,383 1,947,998 2,289,763 2,079,094 1,919,967 (159,127)
Intergovemmental 2,375,291 2,506,309 2,246,149 2,398,026 2,149,105 2,183,723 34,618
Leasehold Tax 2,026 7,254 5,889 2,026 1,645 3,970 2,326
Gambling Taxes 1,400,000 1,489,952 1,327,354 1,400,000 1,324,505 1,215,621 (108,883)
Court Revenue 986,535 1,217,114 1,119,354 998,825 897,114 1,359,929 462,815
Building Permits/Fees-CD 2,278,857 2,689,040 2,493,027 2,182,100 2,025,357 1,348,279 (677 079
ROW Pennits & Develop Svcs Fees-PW 475,719 499,392 414,728 483,399 415,088 429,889 14,801
Licenses 235,518 259,209 163,984 235,518 148,996 144,198 (4,798)
Franchise Fees 981,739 982,767 982,767 1,073,269 1,073,269 967,240 (106,029)
Passport Agency Fees 88,730 109,720 103,153 91,388 85,918 70,705 (15,213)
General Recreation Fees 599,310 619,448 595,464 600,915 577,648 741,309 163,660
Public Safety 1,002,777 1,082,506 810,120 934,775 699,561 894,920 195,359
dminlCash Management Fees 582,399 571,011 523,427 605,695 555,220 543,775 (11,445)
Interest Earnings 741,023 671,880 625,648 741,023 690,033 282,524 (407,509)
Mise/Other 225,583 269,494 243,624 240,750 217,639 248,411 2
On oin Transfers In:
Utility Tax-Celebration Park 255,800 255,800 255,800 266,000 266,000 266,000
Utility Tax-Arts CommlRW&B Festival 106,000 106,000 106,000 108,000 108,000 108,000
Utility Tax-Police Positions 700,000 700,000 700,000 728,000 728,000 728,000
Utility Tax-Street Bond Projects 264,275 264,275 264,275 321,592 321,592 321,592
Utility Tax-New Street Lights 112,091 112,091 112,091 116,014 116,014 116,014
Utility Tax-Camp Kilworth M&O 106,000 106,000 106,000 110,000 110.000 110,000
Utility Tax-General Fund Oper 1,238,728 1,238,728 1,238,728 1,761,946 1,761,946 1,761,946
Utility Tax-New Parks M&O 59,000 59,000 59,000 62,000 62,000 62,000
,JIB ~:. " .m,
OPERAllNG EXPENDITURES
City Council 371,771 365,625 344,826 381,122 359,441 377,437 (17,996) -5.00/.
City Manager 1,499,027 1,371,481 1.229,053 1,716,646 1,538,373 1,460,490 77,883 5.10/.
Municipal Court-Operations 1,263,616 1,178,409 1,071,717 1,336,888 1,215,848 1,198,298 17,550 1.40/.
Economic Development 373,730 215,861 201.350 345,201 321,995 214,645 107,351 33.30;'
Management Services 1,917,520 1,763,045 1,563,501 2,062,658 1,829,204 1,856,255 (27,052) -1.50/.
Civil/Criminal Legal Services 1,283,590 1,160,696 1,036,545 1,390,944 1,242,164 1,183,998 58,166 4.70;'
Comm. Development Svcs 3,941,033 3,643,885 3,167,351 4,309,029 3,745,510 3,265,445 480,066 12.80
Jail Services 1,555,628 1,585,165 1,219,591 1,824,022 1,403,362 1,239,672 163,690 11.70
Police Services 19,784,472 19,265,923 17,170,794 20,229,981 18,030,012 18,420,798 (390,786) -2.20
Parks and Recreation 3,949,583 3,710,973 3,156,425 4,007,944 3,409,019 3,454,800 (45,781) -1.30
Public Works 4,855,671 4,136,883 3,536,848 5,307,315 4,537,515 4,014,495 523,020 11.50/.
Total Operating Expenditures 40,795,641 38,397,945 33,698,001 42,911,748 37,632,443 36,686,333 946,111 2.50/.
Operating Revenues over/(under)
Operating Expenditures (2,038,570) 1,619,975 3,694,930 (2,949,014) (146,706) (292,362) (145,657) 99.3.;'
OTHER FINANCING SOURCES
One- Time Transfers In 173,115 161,151 151,609 120,795 46,823 46,823 0.00;'
Grants & Other 161,751 203.506 178,516 79,171 79,171 79,171 0.00/.
Total Other Financing Sources 334,866 364,657 330,126 199,966 125,994 125,994 0.0.;'
OTHER FINANCING USES
City Manager Contingency 3,036,935
One- Time Transfers 1,496,000 1,330,000 1,030,000
Total Endin Fund Balance $
DESIGNATED OPERATING FUNDS
Through November, designated operating funds revenue total $22.2M and is $1.3M above the year to date budget of $21.3M.
Expenditures of$16.6M is $55K below year to date budget of$16.7M. The Utility tax revenue shown here is only the 6% and
does not include the 1.75% for Proposition 1 revenue. New Property tax revenue in November is the King County Expansion
Levy, a 6-year levy for acquisition, development of open space, natural lands and city trail projects that support connections to
regional trail systems. The initial distribution is $147K for 2008. We will receive smaller monthly distributions after this.
OPERATING REVENUES
Intergovernmental 559,023 561,232 513,127 559,023 511,107 484,632 (26,475)
Utility Taxes 9,013,787 10,392,609 9,058,391 9,197,069 8,186,171 9,566,405 1,380,236
Hotel/Motel Lodging Tax 175,100 191,691 177,554 180,354 165,762 179,227 13,464
Real Estate Excise Tax 4,800,000 4,898,537 4,715,592 3,300,000 3,094,511 2,490,164 (604,346)
FW Community Center.Transition 33,820 17,440 50,201
FW Community Center-operations 1,248,117 906,126 660,969 1,663,407 1,524,790 1,275,447 (249,343)
Red Light Photo Enforcement Program 89,424 89,424
Property Tax - KC Expansion Levy 147,895 147,895
Dumas Bay Centre 623,529 518,464 494,016 634,711 604,782 471,800 (132,982)
Knutzen Family Theatre 77,745 106,312 76,806 77,955 56,320 88,832 32,513
SWM Fees 3,710,104 3,650,974 3,637,815 3,604,132 3,472,841 3,472,841
Refuse Collection Fees 242,850 259,014 237,429 242,850 222,612 262,848 40,235
Interest Earnings 249,970 524,350 477,020 159,970 145,531 297,253 151,723
Miscellaneous/Other 4,000 25,002 25,002 4,000
On oin Transfers In:
Utility Tax-Knutzen Theatre 125,495 125,495 125,495 129,260 129,260 129,260 0.0%
Utility Tax-Debt Service 1,347,483 1,347,483 1,343,633 1,343,633 1,343,633 0.0%
Utility Tax-Arterial Streets 1,400,000 1,400,000 1,400,000 1,400,000 1,400,000 1,400,000 0.0%
Utility Tax-New Community Center 492,923 492,923 492,923 528,348 484,319 484,319 0.0%
"W4t: 'W..4iIIIl,Wi@ c t
OPERATING EXPENDITURES
City Overlay Program 2,862,975 2,494,146 2,447,601 2,412,849 1,955,692 1,955,692 0.0%
Utility Tax-Admin/Cash Mgmt Fees 57,449 57,449 52,661 59,747 54,768 54,768 (0) 0.0%
Solid Waste 384,890 336,588 297,747 375,060 331,779 334,251 (2,471) -0.7%
Hotel/Motel Lodging Tax 351,164 194,607 191,694 385,510 379,739 178,354 201,385 53.0%
FW Community Center Transition/Start Up 397,917 322,263 335,538 n/
FW Community Center-Operations 1,396,921 1,331,910 1,132,458 1,901,761 1,743,281 1,827,242 (83,961) -4.8%
raffle Safety (Red Light Photo) 5,529 (5,529) n/
Debt Service 11,255,538 10,929,927 10,779,520 1,201,830 697,354 697,354 0.0%
Surface Water Management 3,080,245 3,037,900 2,773,110 3,203,195 2,923,997 2,968,504 (44,507) -1.5%
Dumas Bay Centre 601,363 561,882 517,489 843,413 592,579 527,065 65,514 11.1%
Knutzen Family Theatre 235,238 236,162 201,360 210,939 179,854 255,603 (75,748) -42.1%
On oin Transfers Out:
Utility Tax-Celebration Park 255,800 255,800 255,800 266,000 266,000 266,000 0.0%
Utility Tax-Community Center Oper. 492,923 492,923 492,923 528,348 484,319 484,319 0.0%
Utility Tax-Arts Comm/RW&B Festival 106,000 106,000 106,000 108,000 108,000 108,000 0.0%
Utility Tax.police Positions 700,000 700,000 700,000 728,000 728,000 728,000 0.0%
Utility Tax-Street Bond Projects 264,275 284,275 264,275 321,592 321,592 321,592 0.0%
Utility Tax-New Street Lights 112,091 112,091 112,091 116,014 116,014 116,014 0.0%
Utility Tax-Knutzen Family Theatre 125,495 125,495 125,495 129,260 129,260 129,260 0.0%
Utility Tax-Arterial Streets Overlay 1,400,000 1,400,000 1,400,000 1,400,000 1,400,000 1,400,000 0.0%
Utility Tax-Camp Kilworth M&O 106,000 106,000 106,000 110,000 110,000 110,000 0.0%
Utility Tax-Debt Service 1,530,300 1,530,300 n/
Utility Tax-Transportation CIP 1,400,000 1,400,000 1,000,000 1,400,000 1,400,000 1,400,000 0.0%
Utility Tax-General Fund Operations 1 ,238,728 1,238,728 1,238,728 1,761,946 1,761,946 1,761,946 0.0%
Utility Tax-Community Center Debt Svc 917,183 917,183 913,333 913,333 913,333 0.0%
Utility Tax-New Parks M&O 59,000 59,000 59,000 62,000 62,000 62,000 0.0%
ir&~!I!lm!iiiiii lWAW 11l~I\lI_ @l&iiigj!jl\lq:m; ,Ii il'1I',M@l%i@,Ui~'i 'it
Operating Revenues over/(under)
Operating Expenditures (5,207.549) (2.792.978) (2,447,150) 4,785.916 4,682,131 5.579.155 1.385.914 29.6%
OTHER FINANCING SOURCES
One- Time Transfers In 5,733,805 5,733,805 4,583,805
OTHER FINANCING USES
One- Time Transfers Out/Other
ENDING FUND BALANCE
Arterial Street 15,105 388,954 385,840 15,106 471,258 n/a
Utility Tax 1,711,179 2,834,137 4,507,894 2,569,279 4,749,180 n/a
Solid Waste & Recycling 115,936 138,508 57,108 144,298 128,823 n/a
HoteVMotel Lodging Tax 0 198,155 17,349 202,941 n/a
FW Community Center 239,101 21,394 (4,825) 311,368 (48,082) n/a
Traffic Safety Fund 84,009 n/a
Paths & Trails 34,923 35,369 34,530 44,892 191,440 n/a
Debt Service Fund 1,462,083 2,089,658 1,358,399 2,787,255 3,278,100 n/a
Surface Water Management 903,568 928,050 1,119,030 187,807 1,180,451 n/a
Dumas Bay Centre Operations 3,640 (76,245) (59,126) (76,245) (131,509) n/a
Knutzen Family Theatre 8,766 91,263 131,355 91,263 43,752 n/a
otal Endin Fund Balance $ 4,494,322 $ 6.649.243 $ 7,548,555 $ 6,075.044 $ $ 10.152,364 n/a
Real Estate Excise Tax
Compared to 2007, collections are down $2.2M or
47%. November's receipt of $53K is $250K below
November 2007's activity. November's collection of
$53K IS $213K below November 2008 Budget.
Compared to 2008 YTD Budget, collections are down Jan $ 693,595 $ 227,769 $ 590,m (103,118) -14.9% $ 362,708 159.2%
$604K or 20%. The negative variance is due to major Feb 219,522 227,410 511,905 292,383 133.2% 284,495 125.1%
sales reported in 2007 compared to 2008 such as Wild tier 626,241 302,216 162,401 (463,839) -74.1% (139,815) -46.3%
Waves, Lexington Down Apartments, Emerald Forest Apr 506,747 344,145 144,395 (362,352) -71.5% (199,750) -58.0%
Apartments, and Waterstone Place Apartments for a Mly 484,527 295,282 134,252 (350,275) -72.3% (161,030) -54.5%
total of $173M in 2007. 2008 major sales consist of Jun 520,650 343,936 130,736 (389,914) -74.9% (213,200) -62.0%
Jul 407,081 271,423 223,161 (183,920) -45.2% (46,262) -17.8%
Glen Park Apartments, Pheasant Run Apartments, and Aug 293,865 251,839 140,235 (153,63O) -52.3% {111 ,404) -44.3%
The Parks at Dash Point Apartment for a total sale Sep 307,526 356,746 112,732 (194,793) -63.3% (244,014) -68.4%
value of $125M. November 2008 activities include Oct 353,373 208,271 287,107 (66,267) -18.8% 78,836 37.9%
129 real estate transactions, of which 79 were tax Itlv 302,465 265,674 52,783 (249,702) -82.6% (212,911) -80.1%
exempt. Significant transactions in November 2008 Ole 182,946 205,467
include residential waterfront property on 50th Place YTD Total $4,715,592 $3,094,511 $2,490,164 $(2,225,429) -47.2% $ (604,346) -19.5
SW ($650K) and residential property located on SW Annual Total $4,898,537 $3,300,000
357th CT ($465K).
Sales Tax
Compared to 2007, sales tax revenues are
down $562K or 5%. November sales tax
collection total $l.OM, which is $159K or
14% below 2007's November sales tax of
$1.2M. Compared to 2008 YTD budget,
sales tax revenues are down $600K or 5%.
The _~ecTease in overall sales revenues is due
to the decrease in Construction ActivitIes. .
Jan
Feb
tier
Apr
tley
Jun
Jul
Aug
sep
Oct
Nov
Ole
YTD Total
$ 994,523 j $ 997,634 j $ 1,014,466! $
1,375,199 ! 1,379,501! 1,393,323 !
946,695 i 949,656 ! 911,140 !
959,014 ! 962,014 ! 909,258 !
1,130,690, 1,134,227 i 1,142,019!
1,007,794 ! 1,010,947 ! 883,361
1,026,816! 1,030,028 I 964,231
1,197,4781 1,201,224 i 1,071,4411
1,108,619! 1,112,087! 1,077,527 j
1,059,202 j 1,062,516 j l,036,171!
1,166,530 I 1,170,179! 1,007,421 I
1,076,061! 1,079,428 I - i
! $11,972,554 i $12,010,013 ! $11,410,360 ! $
I I I
Annual Total! $13,048,622! $13,089,443!
( 126,037)
(31,092)
(23,032)
(159,109)
2.0% $
1.3%
-3.8%
-5.2%
1.0%
-12.3%
-6.1%
-10.5%
-2.8%
-2.2%
-13.6%
16,832
13,822
(38,516)
(52,756)
7,792
(127,586)
(65,797)
(129,783)
(34,560)
(26,345)
(162,758)
Sales Tax bv SIC Code
Retail sales continue to remain the largest
source of sales tax revenue, accounting for
54% of all sales tax collections. Year-to-
date retail sales tax collection is below by
$177K or 3% below year-to-date 2007. The
decrease is due to decreases in Building
Materials/Garden ($98K), Motor Vehicle
and Parts Dealer ($95K) offset by an increase in General Merchandise Stores and Misc. Store Retailers ($26K).
Services industry accounts for 20% of the total sales tax collections.
On year-to-date basis, services sales tax is down by $13K or less than
1 % compared to 2007.
Construction and contracting activity, which accounts for 11% of sales
tax collections, is down $511K or 29% from 2007's activity. Sales tax
received year-to-date on major City projects total $31K or 2% of total
construction and contracting activity.
Wholesale trade accounts for 5% of the total sales tax collections.
Year-to-date wholesaling activity is up $107K or 23% above 2007
year-to-date. The increase is due to increase in Durable goods of $86K
and Nondurable goods of $23K.
Information accounts for 5% of the total sales tax collections. Year-to-
date information activity up by $40K or 8% compared to 2007. The
increase is due to an increase in Telecommunications of$42K.
(562,194)
-4.7% $ (599,653)
1.7%
1.0%
-4.1%
-5.5%
0.7%
-12.6%
-6.4%
-10.8%
-3.1%
-2.5%
-13.9%
-5.0'
Retail Trade
Services
Construct/Contract
Wlolesaling
TransplUtiity
ntonration
Manufacturing
Governrrent
FinlhslReal Estate
Other
YTDTotal
$ 6,297,896
2,332,828
1,749,878
463,375
7,rnJ
476,673
209,664
77,858
331,500
25,885
$11,972,554
2,319,676
1,238,893
570,509
20,004
516,554
243,517
46,169
317,713
16,355
$11,410,360
$ (176,927)
(13,152)
(510,985)
107,135
12,998
39,881
33,853
(31,690)
(13,793)
(9,530)
$ (562,194)
-2.8%
-0.6%
-29.2%
23.1%
185.5%
8.4%
16.1%
-40.7%
-4.2%
-36.8%
-4.7'
Manufacturing activity accounts for 2% of the total sales tax collections is up by $34K or 16% when compare to 2007 year-to-
date. The majority of the increase is due to increase in activity of wood product manufacturing ($15K), Furniture & Related
Products ($6K), and Printing & Related Support ($9K).
Government activity shows a decrease of $32K or 41% compared to 2007's activity mainly due to nonclassifiable
establishment ($36K).
Sales Tax bv Area
The City's largest retail center, South 348th, which generates 12% of the
City's sales tax, is showing a decrease of $104K or 7% compared to the
year 2007. The decrease is due to decrease in Retail Building Materials
($9IK) and Retail General Merchandise ($7K).
Major Auto Sale's collection total $283K and is $84K or 23% below
2007.
The Commons year to date activity show a decrease of $52K or 5%
compared to 2007. The decrease from 2007 consists of a decrease in
General Retail Merchandise ($43K) and Retail Eating & Drinking
($12K).
S. 3 12th to S. 316th tax collections are up by $69K or 9% compared to
the prior year. The increase from 2007 is due to General Retail
Merchandise increase of $75K offset by a decrease in Automotive Repair
of$2K and Retail Food Stores of$2K.
Pavilion Center tax collections shows an increase of $2K or less than 1%
compared to the prior year.
Hotel & Motels tax collections shows an increase of $2K or I % from the
prior year. The increase is due to an additional hotel/motel in 2008.
Gambling Tax
Gambling tax collection through November is $1.2M. In comparison to 2007 year-to-date collection, 2008's tax collection is
$112K or 8% below the same period. Compared to 2008 YTD budget, gambling revenues are down $109K or 8%.
Jan 218,118 171,219 104,699 -52.0% (66,521) -38.9%
Feb 120,749 94,611 142,126 17.7% 47,514 50.2%
Mar 23,530 100,383 8,543 -63.7% (91,840) -91.5%
Apr 228,568 161,324 213,395 -6.6% 52,071 32.3%
May 36,079 85,311 24,498 -32.1% (60,812) -71.3%
Jun 186,964 150,151 129,404 -30.8% (20,747) -13.8%
Jul 34,454 113,342 104,915 204.5% (8,427) -7.4%
Aug 211,381 105,484 103,934 -50.8% (1,549) -1.5%
Sep 29,788 103,920 110,993 272.6% 7,073 6.8%
Oct 133,115 138,761 181,155 36.1% 42,394 30.6%
Nov 104,609 99,998 91,959 -12.1% (8,039) -8.0%
Dee 162,598 75,495
YTD Total $ 1,327,354 $ 1,324,505 $1,215,621 $ (111,733) -8.4% $ (108,884) -8.2%
Annual Total $ 1,489,952 $ 1,400,000
Hotel/Motel Lodging Tax
Hotel/Motellodging tax collections through November total $179K. Compared to 2007, the lodging tax is $2K or 1 % above
the same period due to an additional hotel/motel in 2008. Compared to 2008 YTD Budget, lodging tax is $13K or 8% above
budget.
The Department of Revenue remitted $IIK too much to the City in their September payment. The error was corrected by
decreasing the October and November payments.
/IIov
Dee
YTD Total $
Annual Total $
17.735
14.136
177,564 $
191,691 $
$ 179,227 $
1,673
0.9% $ 13,464
8.1
Utility Tax (Total 7.75%)
Utility taxes received through November total $12.4M (includes Proposition 1 utility tax revenues), and is above 2007 year to
date collections by $1.1M or 10%. Compared to year-to-date budget, utilities tax revenues are above 2008 budget by $1.9M or
18%. Compared to year-to-date 2007, Electricity is up $589K or 16%, Gas is down $52K or 3%, Cable is up by $27K or 2%,
and Cellular phone is up $492K or 21 %.
Phone is up $59K or 6% from 2007 mainly due to the increase in the Utility tax by 1.75% for Proposition 1. September 2008
collections of $905K are $89K below September 2007 collections due to a major phone company reporting back taxes for
February through June 2007 in September 2007.
Jan 845.364 $ 939.795 1.205.190 359.826 265.396
Feb 1.129,439 932.623 1.263.500 134.061 330.877
Mar 1.173.418 1.236.265 1,472.457 299.038 236.192 Seclric 3.757.384 ! $ 4.346.247 588.864
Apr 1.233.143 1.096.194 1.267.412 34.270 171.218 Gas 1.930.868 ! 1.878.537 (52.331)
May 1.063.946 1.024.759 1.107.223 43.278 82.464 Solid Waste 686.038 ! 707.184 21.146
Jun 950,406 787.336 1.142.902 192.496 355.566
Jul 940.312 954.911 994.866 54.576 39.977 Cable 1.225.372 i 1.252,408 27.036
Aug 914.481 828.254 970.773 56.292 142.519 Alone 1.065.693 ! 1.124.652 58.959
Sep 994,Q42 713.011 905.271 (66.771) 192.259 Cellular 2.304.541 ! 2.796.332 491.791 21.3%
Oct 983.515 984.431 1.011.662 28.147 27.231 Pager 510 i 277 (232) -45.6%
/IIov 1.006.830 989.907 1.015.331 8.501 25,423 SVIM 270.077 ! 260,499 (9.577) -3.5%
Dee 1.561.566 1.295.082 Tax Rebate (5.588)1 (9.528) (3.940) 70.5%
YTDTotal $ 11,234,894 $10,487,486 $ 12,356,607 $1,121,716 10.0% $1,869,123 17.8% YTDTotal $ 11,234,894 i $ 12,356,607 $ 1,121,716 10.0'
Annual
Total $12,796,461 $11,782,569
Update on Proposition 1
The following table provides a comparison of utility tax revenue collections at the 6.00% rate and the revenue collections at
1.75% for on-going Proposition 1 funding. Year-to-date Prop 1 revenues of $2.8M is $739K or 27% above 2007 Prop 1
collections. This is primarily due to not implementing Prop 1 utility tax until March 2007 (accounts for $557K of the
variance).
Year-to-date Prop 1 tax collections is $205K over total budgeted amount of $2.6M for a total of $2.8M.
January 845,364 845,364 $ 933,051 272,140 1,205,190 87,686 10.4% 100.0%
February 1,129,439 1,129,439 978,194 285,307 1,263,500 (151,246) -13.4% 100.0%
March 944,978 228,441 1,173,418 1,139,966 332,490 1,472,457 194,989 20.6% 31.3%
April 956,696 276,447 1,233,143 981,222 286,190 1,267,412 24,527 2.6% 3.4%
May 825,015 238,931 1,063,946 857,205 250,018 1,107,223 32,190 3.9% 4.4%
June 735,765 214,841 950,406 884,827 258,075 1,142,902 149,062 20.3% 16.8%
July 727,942 212,370 940,312 770,236 224,652 994,888 42,294 5.8% 5.5%
August 707,985 206,496 914,481 751,566 219,207 970,n3 43,581 6.2% 5.8%
Septerrber 769,581 224,461 994,042 700,855 204,416 905,271 (68,726) -8.9% -9.8%
October 761,389 222,126 983,515 783,222 228,440 1,011,662 21,833 2.9% 2.8%
Noverrber 779,481 227,349 1,006,830 786,062 229,268 1,015,331 6,581 0.8% 0.8%
Decerrber 1,208,974 352,592 1,561,566
YTD Total $ 9,183,635 $ 2,051,260 $ 11,234,894 $ 9,566,408 $ 2,790,202 $ 12,356,607 $ 382,772 4.2% $ 738,942 26.5%
Annual Total $ 10,392,609 $ 2,403,852 $ 12,796,461 $ 9,566,408 $ 2,790,202 n/a n1a n1a n1a n1a
Annual Budget $ 9,013,787 $ 2,022,500 11,036,287 $ 9,197,069 $ 2,585,500 $ 11,782,569 n1a n1a n1a n1a
Year-to-date prop 1 expenditures total $2.3M or 84% of the $2.8M budget. The negative 2008 budgeted ending fund balance
of $210K is for SafeCity startup appropriated in 2007. These monies were carried forward to 2008 and will use ending fund
balances from 2007. Life to date Prop 1 Utility tax Collections total $5.2M and life-to-date expenditures total $4.1M resulting
in ending fund balance of $l.lM for Prop 1.
$ - $ - $ 206,223 $ 272,140 $ 272,140
204,650 285,307 285,307
239,381 228,439 271,279 332,490 560,929
251,377 276,447 240,543 286,190 562,637
219,045 238,931 224.867 250,018 488,949
187,902 214,641 172,769 258,075 472,716
182,801 212,370 209,540 224,652 437,022
170,082 206,496 181,747 219,207 425,703
175,237 224,461 156,459 204,416 428,877
193,960 222,126 216,018 228,440 450,565
191,454 227,349 217,220 229,268 456,617
211,262 352,592 284,185 352,592
;jl~. 1I'1l
1,372,221
1,300,020
1,913,281
1,582,298
2,882,318
253,450
11'11<
252,495
308,554
561,049
61,794 58,799
47,947 39,066
70,807 71,437
l;@l' ,. '::,' .:'1r-,,~~91
31,281
80,790
61,727
90,014
" ..1'
46,794
139,589
100,792
161,451
w.....I!
82,094
State Shared Revenue
Year-to-date distribution of $4.9M is below 2001's activity by $88K or 2%. The unfavorable variance is due to a decrease in
Fuel Tax and Liquor Profits offset by an increase in Criminal Justice High Crime and Liquor Excise Tax.
Liquor Profits Tax 485,697 444,091 -7.5%
Liquor Excise Tax 394,221 420,630 7.0%
Crim Just - Population 83,759 87,544 4.6%
Crininal Just High Crime 138,596 195,200 62.7%
Local Crim Just Sales Tax 1,947,998 1,919,967 -1.4%
Fuel Tax' 1,915,881 1,809,487 -5.9%
DUl - Cities 15,041 15,791 5.3%
YTD Total $4,981,193 $4,892,708 $ -1.8%
Permit Activity
Year-to-date building permit activity is below 2001's ear-to-date activi b $1.IM or 46%. Compared to 2008 year-to-date
budget estimates, permit activity is down $677K or 33%. The negatIve variance is partIa y due to an agreement with Sound
Transit to waive permit fees ($170K), unclaimed building permits that have been approved and are ready to be picked up by
builders ($60K) and the City is no longer charging a new plan check fee under basic plan review for multifamily building
permits ($30K). The remaining variance is due to the slowing economy compounded by the slow time of the year for the
industry. Community Development's positive expenditure variance of $480K is mainly due to under spending of one-time
programs ($315K) such as: Design review, Nuisance abatement, Chemical dependency treatment, and the Organization
capacity-building program and overall savings in ongoing and onetime temporary help of$114K.
. Fuel taxis included in both general/street, designated operating funds, and transportation CIP.
Jan 186,857 123,482 103,926 (82,931) -44.4% (19,557) -15.8%
Feb 284,798 171,455 153,553 (131,246) -46.1% (17,903) -10.4%
Mar 269,618 181,944 102,894 (166,724) -61.8% (79,051) -43.4%
Apr 303,057 236,514 157,200 (145,858) -48.1% (79,314) -33.5%
May 226,214 212,521 156,337 (69,877) -30.9% (56,184) -26.4%
Jun 263,124 219,014 129,521 (133,603) -50.8% (89,493) -40.9%
Jul 179,257 169,520 145,825 (33,432) -18.7% (23,695) -14.0%
Aug 157,371 207,467 149,118 (8,253) -5.2% (58,350) -28.1%
Sep 102,168 151,155 85,526 (16,642) -16.3% (65,629) -43.4%
Oct 215,739 181,743 101,058 (114,681) -53.2% (80,685) -44.4%
Nov 304,823 170,542 63.322 (241,501) -79.2% (107,219) -62.9%
Dee 196,014 156,743
YTD Total 2,493,027 2,025,357 1,348,279 (1,144,748) -45.9% (677,079) -33.4%
Annual Total 2,689,040 2,182,100 na na na na
Right-of-way permits and development services fees are up $15K or 4% when compared to 2001's year-to-date activity. The
increase is due to a large telecommunications company upgrading to fiber optic throughout the City to comply with new
government regulations. Public Works Operations year-to-date expenditures total $4.0M and is $523K or 12% below budget
estimates. The favorable variance is mainly due to savings found in ongoing Charges for Services such as Utility ($96K),
Rental of Furniture ($15K), and Repairs/Maintenance ($63K), and Professional/Consulting Contracts ($96K). Other savings
were noted in the one-time accounts ($276K) based on 2007 spending patterns.
Jan 33,025 31,846 46,426 13,401 40.6% 14,780 46.7%
Feb 50,655 40,330 33,886 (16,769) -33.1% (6,445) -16.0%
Mar 21,834 39,250 27,416 5,583 25.6% (11,834) -30.1%
Apr 59,623 32,313 85,319 25,696 43.1% 53,005 164.0%
May 39,068 38,736 30,690 (8,378) -21.4% (8,046) -20.8%
Jun 36,329 41,372 33,582 (2,747) -7.6% (7,790) -18.8%
Jul 64,193 37,592 25,388 (38,805) -60.5% (12,204) -32.5%
Aug 26,372 46,553 52,999 26,627 101.0% 6,446 13.8%
Sep 3,082 34,875 33,896 30,814 999.7% (979) -2.8%
Oct 72,179 35,389 41,746 (30,432) -42.2% 6,358 18.0%
Nov 8,370 37,032 18,542 10,171 121.5% (18,491) -49.9%
Dee 84,664 68,311
YTD Total 414,728 415,088 429,889 15,160 3.7% 14,801 3.6%
Annual Total 499,392 483,399 na na
Police Department
Expenditures through November total $18.4M and is $391K or 2% above the year to date budget of$18.0M. The unfavorable
variance is based on 2007 spending patterns and is due to overspending in supplies, charges for services, intergovernmental and
one-time programs, offset by salarylbenefit savings. However, further analysis, Police anticipates that they will have savings at
year-end.
Through November, City overtime is 10% or $80K above last year. There is a 9% decrease in overtime for contracted services
and traffic school. When the decrease from the billable overtime is included, the total overtime increased $71K or 8%.
Overtime for the month of November consisted of Police Officers required to appear at Superior Court for a murder trial and
there were officers who completed their FTO program and one officer returned from leave which decreased the Overtime from
October to November. The Police Department is continuin their em hasis towards atrollin ark which re uired overtime.
Jan $ $ $119,252 50,399 251.9%
Feb $ $ 64,247 (2,496) 31,397 95.6%
Trailing $ 51,704 $ 59,364 $ 7,661 15% Mar $ $ 100,016 27,346 64,249 179.6%
Court 27,285 32,122 4,837 18% Apr $ $ 76,954 5,069 41,573 117.5%
Fleld~er 574,847 648,939 74,091 13% May $ $ 86,482 17 ,082 52,324 153.2%
Other 131,956 124,921 (7,035) -5% Jun $ $ 65,703 (18,864) 24,080 57.9%
City Portion 785,791 865,346 79,554 10% Jul $ $ 40,345 92,307 10,337 51,962 128.8%
Aug $ 95,835 $ 47,169 95,766 (69) 48,597 103.0%
Contract/Grant 49,372 51,511 2,139 4% Sap $101,171 $ 49,795 90,718 (10,454) 40,923 82.2%
T ratfic School 41,700 31,292 (10,408) -25% Oct $ 79,262 $ 39,012 82,237 2,974 43,225 110.8%
BiUable 91,072 82,804 (8,269) -9% Nav $ 84,507 $ 41,593 74,469 (10,039) 32,875 79.0%
Grand T alai $ 876,864 $ 948,149 $ 71,286 8% Dee $ 83,397 $ 41,047
Total $ 876,864 $ 431,580 $ 948,149 $ 71,286 8% $ 516,569 119.7%
Annual Total $ 960,261 $ 472,627
Jail Services
Jail Services through November is $1.2M and is below the year-to-date budget estimate of $1.4M by $164K. The City
currently uses City of Fife, City of Enumclaw, King County, and Yakima County for Jail Services. Through November 2007
and 2008, jail services were paid through September for City of Fife, and King County.' There were timing difference for
Yakima County (paid through October in 2008 and September in 2007) and City of Enumclaw (paid through September in
2008 and October in 2007). When the timing of payments is taken into consideration, the adjusted favorable variance is
$250K. Through November, City of EnumcIaw, City of Fife, King County, and Medical is down while Yakima County is up
due to the timing of payments.
Court
Municipal Court year-to-date expenditures of $1.2M is $18K or 1 % below estimates. The favorable variance is due to decrease
in various line items.
Excluding probation through November revenue is up $248K or 24% compared to year-to-date 200Z. The revenue increase is
due to the state legislature increased the fIne amounts for traffic and non-traffic infractions)n July of 2007 and the court
authorizing certain payments via credit card transactions, the increase in fine amounts for most infractions, and the change in
court policy in respect to deferred findings. In addition, Court has started online payments, which streamlined citation
payments without having the offender come to the court. Total filings have increased from 14,418 in 2007 to 16,977 in 2008;
an 18% increase of2,559.
January 64,393 116,639 57.0% 52,246 av~ Penalties $ 13,109 21,028 $ 7,919 60.4%
February 61,300 120,754 69.3% 59,454 Traffic & Non-Parking 657,949 896,766 238,817 36.3%
March 89,397 113,512 22.9% 24,116 Parking hfractions 43,558 72,570 29,013 66.6%
April 61,510 105,654 35.9% 44,144 DJI & Other Msd 82,102 55,909 (26,193) ,31.9%
May 71,523 144,650 82.1% 73,127 O"ilTinal Traffic Msd 30,023 6,392 (23,631) -78.7%
June 89,729 105,540 9.0% 15,812 O"ilTinal Costs 47,737 70,300 22,563 47.3%
July 72,981 121,874 35.4% 48,892 hterest I Other I Msc 32,479 39,612 7,133 22.0%
August 97,385 72,705 119,814 22,429 23.0% 47,109 O"ilTinal Cony Fees 21,082 20,899 (183) .0.9%
SepteniJer 101,982 69,407 120,296 18,314 18.0% 50,889 73.3% Shared Court Costs 39,500 24,654 (14,846) -37.6%
October 122,605 70,041 112,042 (10,563) -8.6% 42,001 60.0% Services & O1arges 57,338 64,875 7,537 13.1%
NoyeniJer 120,946 92,970 92,229 (28,718) -23.7% (741) -0.8% Subtotal 1,024,876 $1,273,004 $ 248,129 24.2'!.
Decen"ber 90,603 74,869 A"obation Services 94,489 86,904 (7,585) .8.0%
Subtotal $1,024,876 $ 815,956 $1,273,004 $ 248,129 24.2".4 457,049 56.0'!. YTD Total $ 1,119,365 $1,359,929 $ 240,564 21.5
A"obalion SYCS 94,489 81,159 88,904 (7,585) -8.0% 5,746 7.1%
YTDTotal $1,119,365 $ 897,114 $1,359,929 $ 240,564 21.5% 462,815 51.6'!.
Annual Total $1,217,114 $998,825 na na na na
Traffic and non-parking fmes total $897K and is $239K or 36% above year-to-date 2007. Parking infractions total $73K and is
$29K or 67% above year-to-date 2007. DUI and other misdemeanors total $56K and is $26K or 32% below year-to-date 2007.
Criminal costs total $70K and is $23K or 47% above year-to-date 2007. Criminal Conviction Fees total $21K and is above
year-to-date 2007 by less than $IK.
Traffic Safety/Red Light Photo enforcement
Traffic Safety fund has been added to Designated Fund Summaries to account for Red Light Photo Enforcement, which started
on August 15th of 2008 for a 30-day warning period and actual citations started on September 15th. Federal Way has received
$89K in Red Light Photo gross revenues (does not include ATS payment as of November), ytd citations issued is 5,518 and of
these 2,324 were warnings, and 3,194 were actual citations. Of the citations, 1,226 were outstanding which represents
approximately $152K if the citations are not dismissed, reduced or mitigated.
Parks & Recreation
Overall parks operations expenditures, including administration, park planning, parks maintenance and general recreation,
through November total $3.5M and is $46K or 1 % above the year-to-date budget of $3.4M. The increase in expenditures is
due to a lower vacancy rate in 2008 compared to 2007 in grounds maintenance. The department expects to remain within their
budget at year-end.
General Recreation and Cultural Services
Direct program expenditures total $801K or 80.7% of the total annual budget of $993K not including indirect costs. Including
indirect administration costs, recreation expenditures total $1.1M and are 84.7% of the total annual budget of $1.3M.
Recreation fees total $731K and are 122.9% of the total annual budget of $595K. Recreation fees have recovered 91.2% of
direct program costs and is 31.3% above the annual budgeted recovery ratio of 59.9%. Considering indirect administration
costs, the recovery ratio is reduced to 65.6% or 20.4% above the annual budgeted recovery ratio of 45.2%.
General Recreation showed an increased of $146K from year-to-date 2007 mainly due to Spring/Summer Camp attendance.
The increase in attendance is due to increase in publicity. In 2007, an average of 80-100 children per week attended
Spring/Summer compared to an average of 170 children per week in 2008.
The table below is a comparison of budgeted versus actual subsidy and recovery ratio by program
GENERAL RECREATION
Steel Lake Aquatics 2,000 20,360 18,360 9.8% 20,081 nla nI
Arts & Special Events 93,000 284,900 191,900 32.6% 160,490 185,109 24,619 86.7% 167,280
Youth Athletics 42,450 178,612 136,162 23.8% 31,078 80,871 49,793 38.4% 86,369
Adult Athletics 203,875 143,070 (60,805) 142.5% 140,085 104,823 (35,262) 133.6% (25,543
Community Recreation 124,000 147,313 23,313 84.2% 295,799 203,534 (92,265) 145.3% 115,578
Recreation Inc 48,850 63,966 15,116 76.4% 53,615 71,247 17,632 75.3% (2,516
Youth Commission 500 1,800 1,300 27.8% 517 343 (175) 151.1% 1,475
Red, White & Blue' 21,500 41,550 20,050 51.7% 15,309 46,809 31,500 nla (11,450
Senior Services 58,740 111.227 52,487 52.8% 34,038 88,458 54,420 38.5% (1,933
Subtotal $ 694,916 $ 992,797 $ 397,882 69.9% $ 730,931 $ 801,274 $ 70,343 91.2% $ 327,639
Administration 322,914 322,914 nla 312,833 312,833 nla 10,081
I TOTAL GENERAL RECREATION 694,916 I $ 1,316,711 I $ 720,796 I 1,114,107 I $383,176 I 66,6%1 $337,620 I
I TOTAL FW COMMUNITY CENTER 1,663,407 1$ 1,901,761 I $ 238,364 I 1,827,242 I $ 661,796 I 69.8%1 ($313,441 ~
DUMAS BAY CENTRE
Dumas Bay Centre
Knutzen Family Theatre
I TOTAL DUMAS BAY CENTRE
Arts Commission
GRAND TOTAL
.. The subsidy for Dumas Bay Centre should be $0; however Dumas Bay Centre revenue was underbudgeted by $8,700.
.. The subsidy for Knutzen Family Theatre should be $129,260 (amount of Utility Transfer to Knutzen). KFT underbudgeted revenue by $3,725.
Knutzen Family Theatre revenues and expenditures are both above budget while Dumas Bay Center revenues and expenditures
are below budget.
Dumas Bav Centre
Dumas Bay Centre operating revenue of $472K is below by $133K or 22% compared to year to date budget of $605K. The
negative variance in revenues is due to decrease in overnight rentals in 2008 compared to 2007. Operating expenditures
through November total $527K, which is $66K or 11 % below the year to date budget of $593K. Part of the savings is due to
shifting of staff from Dumas Bay to Knutzen Family Theatre. Dumas Bay Centre has recovered 89.7% of its operating
expenses. Ending fund balance for DBC is a negative $13IK, which includes negative fund balance from previous years.
.1\...ftUtL.f;:11 .1' Uffltl V .1 flt::Utn.::
Knutzen Familv Theatre
Operating revenue of $89K is above year to date budget of $56K by $33K or 58%. Operating expenditures through November
total $256K, which is $76K or 42% above the year to date budget of$180K. The increase in expenditures is due to shifting
0.25 FTE from Dumas Bay to Knutzen Family Theatre. The request to move the 0.25 FTE was made in December of2007 and
this retroactively decreased overall expenditure from Dumas Bay for the entire year in December 2007. Knutzen Theatre has
recovered 34.8% of its operating expenses. KFT ending fund balance is a positive $44K, which includes deferred maintenance.
Federal Way Community Center
The Federal Way Community Center Fund was established as a special revenue fund supported by user fees and designated
utility tax transfer. The facility opened early March with a grand opening on March 31, 2007.
Beginning Fund Balance $ 55,273 $ 55,273 $ 55,273 $ 21,394 $ 21,394 $ 21,394 n/a nTa
Revenues
Admissions $ 962,250 $ 614,713 $ 444,737 $1,183,407 $ 1,084,790 $ 914,440 $ (170,350) -15.7%
Youth Athletic Programs 15,750 - - 19,000 17,417 14,834 (2,582) -14.8%
Open Gym/Indoor Playground 500 - (50) 1,000 917 - (917) -100.0%
Aquatics Programs-Lessons/Classes 76,180 96,750 75,474 148,000 135,667 103,689 (31,978) -23.6%
Childcare Fees 19,832 8,018 (15) 10,000 9,167 3,700 (5,467) -59.6%
Fitness Training Fees 14,625 6,890 2,137 5,000 4,583 3,477 (1,106) -24.1%
Towel/equipment Rentals 4,570 - - 8,000 7,333 - (7,333) -100.0%
Pool Rentals/Competitive-Lap Lanes 18,300 31,569 110,965 36,000 33,000 15,492 (17,508) -53.1%
Rentals 113,106 111,973 1,535 213,000 195,250 178,730 (16,520) -8.5%
Merchandise Sales 11,954 2,628 10,726 21,000 19,250 38,445 19,195 99.7%
ConcessionsNending 11,050 7,913 - 19,000 17,417 - (17,417) -100.0%
Interest Eamings/Other Misc Revenues - 25,672 15,462 - - 2,639 2,639 n/a
Total Revenue 1,248,117 906,126 660,969 1,663,407 1,524,790 1,275,447 (249,343) -16.4%
Expenditures
Personnel Costs 880,330 783,309 686,776 1,232,385 1,129,686 1,088,181 41,505 3.7%
Supplies 99,940 129,018 109,127 133,254 122,150 152,238 (30.088 -24.6%
Other Services & Charges 128,693 60,072 38,395 171,591 157,292 125,510 31.782 20.2%
Utility Cost 165,751 248,776 189,151 221,000 202,583 336,559 (133,975) -66.1%
Intergovemmental 1,029 9,741 7,960 2,000 1,833 15,182 (13,349 -728.1%
Caoital 16,500 5,085 5,085 22,000 20,167 - 20,167 100.0%
Intemal Service Charges 104,678 95,909 95,964 119,531 109,570 109,572 (2) 0.0%
Total Expenditures 1,396,921 1,331,910 1,132,458 1,901,761 1,743,281 1,827,242 (83,961) -4.8%
Operating Rev Over / (Under Exp) (148,804) (425,785) (471,4901 (238,354) /218,491) (651,796 (333,304) 162.6%
Other Sources
Transition Revenue 33,820 17,440 50,201 - - - - n/a
Transfer In from General Fund 30,000 30,000 30,000 - - - - n/a
Transfer In from NCC CIP Fund 173,805 173,805 173,805 - - - - n/a
Transfer In from Ulax Fund 492,923 492,923 492,923 528,348 484,319 484,319 - 0.0%
Total Other Sources 730,648 714,168 746,929 528,348 484,319 484,319 - 0.0%
Other Uses
Transition/Startup Costs 397,917 322,263 335,538 - - - - n/a
Total Other Uses 397,917 322,263 335,638 - - - - n/a
Net Income 183,827 (33,879) (60,099) 289,994 266,828 (67,476) (333,304) -126.4%
Endina Balance $ 239,101 $ 21 ,394 $ 4,826 $ 311,388 $ 287,222 $ 146,082 $ 333,304 -116.0%
The operating revenue budget includes $1.7M in user fees/program revenue and $528K contribution from utility tax.
Through November, operating revenues total $1.3M and is $249K or 16% below YTD projections. Currently the Open
Gym/lndoor Playground and Towel/Equipment Rentals are not up and running as of November 2008. The towel rental
program will be in place beginning December 1, 2008.
Through November, operating expenditures total $1.8M and is $84K or 5% above YTD budget estimates. Federal Way
Community Center has recovered 70% of operating expenditures compared to the budgeted recovery ratio of 87%.
November ending fund balance is a negative $46K is mainly due to utilities.
Utilities expenses are $147K higher when compared year to date 2007. However, 2007 included only 7 months of utilities as
the Center opened in March of 2007. If the Center incurred 4 additional months of utilities expenses based on the average
in 2007, the adjusted year-to-date variance between 2007 and 2008 would be an increase of $12K. The business plan
assumed utility numbers based on information provided by the architects and an engineers review of the building systems.
To date actual costs are 65% higher than budgeted. Estimated year-end utilities cost are projected to be $160K over 2008
annual budget. The 2009-2010 budgets has been adjusted to reflect the higher cost of utilities.
City's contribution of $528K for the Community Center was scheduled to annually provide $238K for
maintenance/operations and $290K for capital reserves. Through November 2008, $552K is needed to cover maintenance
and operations and is $333K over the projected year-to-date contribution of $218K. Through November, the Community
Center is using 91 % of their capital reserves for on-going operations.
~ .:oal-1V-UaU;; Vp.:olal1H~ UUU~l;;;l PlUJI;;;L.;UUH~ ,UI;;; L.;<llI.:UIaU::U on l/l~ 01 {ne Annual tluaget tImes me month we are reportIng.
T"" ., . .,. T .. .1 ... I 4. ... . ~ ~ . _ _ t-l. _ _ _ _ _
Year-to-date operating budget projections are calculated on 1I12th of the Annual Budget times the month we are reporting.
For year-to-date November, the projected revenues/expenditure budget is 11112th of the annual budget.
The Federal Way Community Center currently has $424K in their capital construction budget. Planned capital expenditures
include the following: security system, concession stand vendor/construction, minor equipment, and furniture. The
commercial washer/dryer have been installed in November.
Other Departmental Variances
City Council year-to-date expenditures total $377K is $18K above estimates mainly due to over-expenditure in Association
Dues.
City Manager year-to-date expenditures of $1.5M is under year-to-date budget by $78K mainly due to under-spending of one-
time programs in 2008.
Economic Development year-to-date expenditures of $215K is below year-to-date by $107K mainly due to under-spending of
one-time programs in 2008.
Management Services year-to-date expenditures of $1.9M is $27K above estimate. Based on 2007 spending patterns, the
overage is due to overspending in Election services offset by savings in one-time programs.
Law year-to-date expenditures total $l.2M and is $58K below estimates mainly due to savings in onetime monies and salaries
compared to 2007 spending patterns.
CASH & INVESTMENTS
Overall investment interest year-to-date through November 2007 compared to year-to-date through November 2008 decreased
by $523K. The unfavorable variance is due to the decrease in interest rates for the overall market. The interest rates have
decreased from November 2007 to November 2008 from 4.70% to 2.19%.
The following table shows the in-house investment activity schedule and their related yields and comparison to benchmark. Per
policy, the basis used by the City to detennine whether market yields are being achieved is the range between the average 6-
month US Treasury Bill (0.72%) and the State Investment Pool (2.19%). The average portfolio yield is 2.27%, which is
slightly above the two benchmarks.
US T-BOND 912828LP/GP9
Subtotal In-House Investments
08/10107
$1,000,000
$1,000,000
1,012,723 4/30/2009
1,012,723
4.50%
15
4.50%
0.72%
State Investment Pool
60,164,605
1 da
2.19%
Avera e Portfolio Maturi & Yield
"!l';~:.
2.27%
The total invested balance at the end of November is $61.18M, which includes $60.16M in the state investment pool, and
$1.01M in-house investment purchases. The state pool is composed of Agency Callables (1.61%), Treasury Securities
(0.43%), agency coupons (8.94%), interest bearing bank deposit (11.02%), agency floating rate notes (24.50%), agency
variable rate notes (7.95%), discount notes (36.69%) and certificates of deposit (8.86%). The City's total investment portfolio
is made up of98% State Pool, and 2% In-House Investments.
SIP Average Invested Balance by Type
November 2008
Agency
Floating Rate
Notes 24.50%
Agency
Variable Rate
Notes 7.95%
IB Bank
Depos~s
11.02%
agency
Coupons
8.94%
Oscount
Notes 36.69%
Interest Rates Comparison
For the Month of November 2008
6.0%
5.0%
4.0%
II 6 Month T-Bill
II State Investment Pool
Bin-house Investment
II Portfolio Average
3.0%
2.0%
1.0%
0.0%
2003 2004 2005 2006 2007 2008
~~~~~!~~!~.!!~~~~!!~.. !.~~~~~.?,~?9?mm..mmm........._._.........m._... m.mmm.mm...!!~~..~.~. be.
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: VOUCHERS
POLICY QUESTION: Should the City approve the vouchers in the total amount of$2,053,017.64
COMMITTEE: Finance, Economic Development, and Regional Affairs Committee
MEETING DATE: N/ A due to meeting
cancellation
CATEGORY:
[8] Consent
D City Council Business
D Ordinance
D Resolution
D
D
Public Hearing
Other
.~!~~~!!:~2~.!_~.Y..:..Ih~...~~..!l~?.!:I:r.!.~?:.~.~_.!?..!E~~.!?!._~_..__._
DEPT: Finance
I, the undersigned, do hereby certify under penalty of perjury that the materials have been furnished, the services
rendered, or the labor performed as described herein and that the claims are just and due obligations against the
City of Federal Way, Washington, and that I am authorized to authenticate and certify said liens.
W
Finance Director
Attachments: Voucher List
Options Considered: NA
STAFF RECOMMENDATION: NA
~
~._~
7/1;, I
Counc;.if
r::\ ~
DIRECTOR ApPROVAL: c;dttee ~~unCi1
CITY MANAGER ApPROVAL: ~~:
COMMITTEE RECOMMENDATION:
"1 move approval of the vouchers andforward to the January 6, 2009 Council Meetingfor approval. "
Committee Member
Committee Member
Committee Chair
PROPOSED COUNCIL MOTION: "1 move approval of the vouchers pursuant to RCW 42.24."
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
D APPROVED
D DENIED
D TABLED/DEFERRED/NO ACTION
D MOVED TO SECOND READING (ordinances only)
REVISED - 02/06/2006
COUNCIL BILL #
1sT reading
Enactment reading
ORDINANCE #
RESOLUTION #
City of Federal Way - Accounts Payable Check List
Bank of America Page 1 of 28
Check No. Date Vendor Inv Date Invoice Description Amount Check Total
208203 11/20/2008 004234 ABT TOWING OF FEDERAL WAY INC, 523.75
11/13/2008 25809 PO-TOWING SVCS 338.45
10/8/2008 08-13844 PO-TOWING SERVICE 185.30
208204 11/20/2008 001856 ACTION SERVICES CORPORATION. 4,089.89
10/31/2008 61050 PWST-AG07-002 10/08 STREET SWE 4,089.89
208205 11/20/2008 003645 AMERICAN JANITORIAL SVCS INC, 8,075.61
11/6/2008 5543 PARKS-AG04-009:(10/08)pKM JNTR 420.00
11/6/2008 5542 PARKS-AG04-009:(10/08)KFT JNTR 940.00
11/6/2008 5541 PARKS-AG04-009:(10/08)DBC JANT 6,715.61
208206 11/20/2008 007158 ARCHIVES NORTHWEST LLC, 493.16
10/31/2008 0003393 PD-(10/08) STORAGE FEE 493.16
208207 11/20/2008 005587 AVAYA INC, 1,692.91
11/4/2008 2728041066 MIS-(10/08) PBX MAINT 626.38
11/4/2008 2728041066 MIS-(10/08) PBX MAINT 67.71
11/4/2008 2728041066 MIS-(10/08) PBX MAINT 998.82
208208 11/20/2008 001604 BALL, GIGI Y 102.34
11/18/2008 11/18/08 MC-INTERPRETER SVCS 102.34
208209 11/20/2008 000792 BARRY'S TRUCKING & LANDSCAPING, 2,790.40
11/16/2008 216301 PKM-11/08-356TH PK L T, 348TH, 1,613.20
11/18/2008 216302 PKM-W. HYLEBOS LANDSCAPING 1,177.20
208210 11/20/2008 004919 BRA TWEAR, 523.33
11/7/2008 313310 PO-WINTER JUMPSUIT 523.33
208211 11/20/2008 009643 CIPALLA COMMUNICATIONS INC, 300.00
10/17/2008 FW-08-0011-E CM-AGOB-083 MEDIA OUTREACH- 300.00
208212 11/20/2008 006958 CITY OF KIRKLAND, 600.46
11/12/2008 11/12/08 MIS-ITIL AWARENESS TRNG 600.46
208213 11/20/2008 003752 COASTWlDE SUPPLY DBA, 1,199.88
8/7/2008 CW1949054 FWCC-JANITORIAL SUPPLIES -54.67
9/912008 W1972727 FWCC-JANITORIAL SUPPLIES 1,254.55
208214 11/20/2008 010909 COLUMBIA BASIN RELOADING LLC, 4,490.80
11/10/2008 212 PD-AMMO TAX RATE 9% 4,490.80
208215 11/20/2008 002935 COMMISSION ON ACCREDITATION, 1,611.97
11/6/2008 35526 PD-CALEA ASSESSMENT 1,611.97
208216 11/20/2008 009696 CRESTWOOD ANIMAL HOSPITAL, 44.80
11/6/2008 4479 PD-K9 CALEB VET CARE 44.80
208217 11/20/2008 007552 OJ IMPRINTS, 403.85
10/25/2008 00224926 FWCC-TODDLER T-SHIRTS 403.85
208218 11/20/2008 007397 DAVID A CLARK ARCHITECTS PLLC, 885.57
10/13/2008 404 PW/PK-AG07-199 DESIGN CONSULT. 885.57
208219 11/20/2008 004461 DESTINATION HARLEY-DAVIDSON, 1,117.52
11/12/2008 990055025 PO-HEATING GRIPS,CLUTCH PLATE 1,117.52
208220 11/20/2008 005922 DEX MEDIA WEST, 527.90
11/6/2008 103090420 DBC-(11/08) DIRECTORY ADS- 527.90
208221 11/20/2008 005341 DODD, ESCOLASTICA ROSA 461.64
11/18/2008 11/18/08 MC-INTERPRETER SVCS 262.07
11/14/2008 11/14/08 MC-INTERPRETER SVCS 199.57
208222 11/20/2008 000939 OS WATERS OF AMERICA, LP, 478.29
11/1/2008 110829241125236027 PKKFT-BOTTLE WATER SVC 63.62
11/1/2008 110829241245236050 DBC-WTR/CL RNTL 2924124523605 369.89
11/1/2008 11082924134523609 PKRCS-WTR/CL RNTL ACCT#433-36 44.78
208223 11/20/2008 008647 FASTENAL, 102.22
12/13/2006 WAFED102443 PKM-CREDIT FOR RETURN PRODUCT -49.10
11/5/2008 WAFED106355 PKM-RETURN OF HEX NUT SLEEVES/ -5.86
10/29/2008 WAFED106352 PKM-5/32 HEXlINV#106532 61.52
10/30/2008 WAFED106355 PKM-MISC SHOP SUPPLlES/INV#106 41.80
10/31/2008 WAFED106289 PKM- MISC SHOP SUPPLlESIINV#10 53.86
208224 11/20/2008 003066 FIRESTONE TIRE & SERVICE INC, 1,177.20
11/8/2008 073611 PO-TIRES - STOCK 97.20
11/8/2008 073611 PO-TIRES - STOCK 1,080.00
208225 11/20/2008 008860 FOOD SERVICES OF AMERICA, 3,846.66
Bank of America Page 2 of 28
Check No. Date Vendor Inv Date Invoice Description Amount Check Total
11/12/2008 9816119 DBC-CATERING SUPPLIES 2,040.46
11/5/2008 9798748 DBC-CATERING SUPPLIES 1,806.20
208226 11/20/2008 007404 FULLER, MICHELLE M 105.85
11/18/2008 11/15/08 MC-INTERPRETER SVCS 105.85
208227 11/20/2008 008755 FUSION, 61.22
11/13/2008 28239 DBC-REFUND DAMAGE FEES WlTHHEL 61.22
208228 11/20/2008 003118 GALLS INC, 42.50
11nt2008 5963779201015 PD-REFLECTIVE SAFETY GLOVES 42.50
208229 11/20/2008 010679 HDR ARCHITECTURE, INC, 115.00
9/11/2008 46285-H FWCC-HDR ARCHITECTURE SVCS 115.00
208230 11/20/2008 011122 HOBBY, PAUL 50.00
11/10/2008 528464 PRCS-REFUND CLASS FEE 50.00
208231 11/20/2008 003211 IRON MOUNTAIN/SAFESITE INC, 1,671.40
10/31/2008 NN37659 MSC-(10/08) RECORDS STORAGE SV 1,671.40
208232 11/20/2008 002679 KANG, SAI C 1,126.80
10/27/2008 1 0/27/08 MC-INTERPRETER SVCS 84.68
10/28/2008 10/28/08 MC-INTERPRETER SVCS 124.68
11/4/2008 11/04/08 MC-INTERPRETER SVCS 124.68
10/24/2008 10/24/08 MC-INTERPRETER SVCS 84.68
10/21/2008 10/21/08 MC-INTERPRETER SVCS 124.68
11/14/2008 11/14/08 MC-INTERPRETER SVCS 124.68
11/18/2008 11/18/08 MC-INTERPRETER SVCS 124.68
10/14/2008 10/14/08 MC-INTERPRETER SVCS 124.68
10nt2008 10/07/08 A MC-INTERPRETER SVCS 124.68
10/17/2008 10/17/08 MC-INTERPRETER SVCS 84.68
208233 11/20/2008 004770 KENYON DISEND, PLLC, 4,484.54
10/31/2008 10677 LAW-AG 07-082 LEGAL SERVICES- 919.42
10/31/2008 10676 LAW-AG 07-082 LEGAL SERVICES- 528.40
10/31/2008 10678 LAW-AG 07-082 LEGAL SERVICES- 3,036.72
208234 11/20/2008 004052 LEED, 331.63
11/4/2008 11040803 PD-HOLSTER 331.63
208235 11/20/2008 004594 L1M, VANNARA S 140.42
11/18/2008 11/18/08 MC-INTERPRETER SVCS 140.42
208236 11/20/2008 000630 LLOYD ENTERPRISES INC, 97.82
10/15/2008 125379 PARKS-DRY FILL - WILDWOOD 97.82
208237 11/20/2008 011118 MALCOM, LYLE 150.00
11nt2008 NOVEMBER 7, 2008 PKKFT-PIANO TUNING 150.00
208238 11/20/2008 011119 MENDOZA, STACIE 115.90
11/10/2008 528467 FWCC-REFUND SEPT FEES 57.95
11/10/2008 528461 FWCC-REFUND SEPT FEES 57.95
208239 11/20/2008 005176 MERINO STRAWE, BETTY 243.94
11/18/2008 11/18/08 MC-INTERPRETER SVCS 243.94
208240 11/20/2008 008519 NORTHWEST EMERG PHYS INC, 277. 00
10/12/2008 #532823840 SCOTT PD-(10/12/08)PRISONER MED TREA 277.00
208241 11/20/2008 003529 OCCUPATIONAL HEALTH SERVICES, 309.00
11/6/2008 1844-146 PD-PRE-EMPL PHYSICAL EXAM 169.00
11/13/2008 1844-147 PD-PRE-EMPL PHYSICAL EXAM 140.00
208242 11/20/2008 007444 ORCA PACIFIC INC, 459.30
11/6/2008 036630 FWCC-POOL SUPPLIES 459.30
208243 11/20/2008 001814 PARAMETRIX INC, 64,624.63
11/3/2008 04-10501 PW AG06-081-ENGINEERING REVIEW 5,700.84
11/3/2008 04-10502 PW AG06-081-ENGINEERING REVIEW 3,480.97
10/20/2008 04-10459 PWST-AG08-010 CONST MGMT S 348 55,442.82
208244 11/20/2008 004415 PARK, MICHAEL 139.75
11/13/2008 PARK 2008 CC-SISTER CITY EXPENSES- 45.08
11/13/2008 PARK 2008 CC-SISTER CITY EXPENSES- 57.09
11/13/2008 PARK 2008 CC-REGIONAL JUSTICE/LAW COMMIT 37.58
208245 11/20/2008 008844 PETTY CASH - WITNESS FEES, 774.95
11/13/2008 NOVEMBER 13,2008 MC-REPLENISH JURY FUND 774.95
208246 11/20/2008 010465 PETTY CASH - WITNESS FEES, 485.61
11/13/2008 NOVEMBER 13,2008 MC-REPLENISH JURY FUND 485.61
208247 11/20/2008 010700 PETTY CASH - WITNESS FEES, 737.76
Bank of America Page 3 of 28
Check No. Date Vendor Inv Date Invoice Description Amount Check Total
11/13/2008 NOVEMBER 13, 2008 MC-REPLENISH JURY FUND 737.76
208248 11/20/2008 000808 PLATT ELECTRIC SUPPLY, 49.09
11/6/2008 5233008 DBC/KFT-ELECT/L1GHTING SUPPLlE 3.11
11/6/20Q8 5237508 DBC/KFT-ELECT/L1GHTING SUPPLlE 21.44
11/6/2008 5233008 DBC/KFT-ELECT/L1GHTING SUPPLlE 3.10
11/6/2008 5237508 DBC/KFT-ELECT/L1GHTING SUPPLlE 21.44
208249 11/20/2008 011123 POL TZ, BILL 56.93
11/13/2008 529859 FWCC-REFUND NOV FEES 56.93
208250 11/20/2008 004680 PON, KEITH 1,760.00
11/18/2008 PON 2008 PD-TUITION REIMB K PON 1,760.00
208251 11/20/2008 001411 POSTAL EXPRESS INC, 6,639.57
1 0/31/2008 BM28101004 CH/PS/MC-10/08-POSTAGE CHRS 1.200.99
10/31/2008 BM28101004 CH/PS/MC-10/08-COURIER SVC 1,384.86
10/31/2008 BM28101004 CH/PS/MC-10/08-COURIER SVC 295.44
10/31/2008 BM28101004 CH/PS/MC-10/08-COURIER SVC 166.18
10/31/2008 BM28101004 CH/PS/MC-10/08-POSTAGE CHRS 3,149.22
1 0/31/2008 BM28101004 CH/PS/MC-10/08-POSTAGE CHRS 442.88
208252 11/20/2008 010704 PROCTOR SALES, INC., 1,115.96
9/15/2008 0062746-IN FWCC-FLAME DETECTOR ASSY 1,115.96
208253 11/20/2008 000051 PUGET SOUND ENERGY INC, 14,343.03
11/6/2008 131-066-1000 PWST-10/08 ELECT - NON METERED 14,343.03
208254 11/20/2008 000202 QWEST, 2,928.59
11/4/2008 206-Z04-Q609472B MSTEL-(11/08) PHONE/DATA SVC- 1,306,18
11/4/2008 206-Z04-Q609472B MSTEL-(11/08) PHONE/DATA SVC- 1,451.31
11/4/2008 206-Z04-0609472B MSTEL-(11/08) PHONE/DATA SVC- 145.13
11/4/2008 253 835-0579 886R MC-(11108) FAX MCHN CHRGS M MO 25.97
208255 11/20/2008 008264 R-4 PRINTING INC. 639.29
10/9/2008 100314 MS-BL RENEWAL ENVELOPES 639.29
208256 11/20/2008 005508 SAFAROVA-DOWNEY, ALMIRA 328.82
11/14/2008 11/14/08 MC-INTERPRETER SVCS 176.91
11/18/2008 11/18/08 MC-INTERPRETER SVCS 151.91
208257 11/20/2008 004701 SPRINT, 180.00
11/4/2008 LCI-016193 PD-VOICEMAIL WARRANT 08-14264 90.00
11/12/2008 LCI016926 PD-TEST MESSAGE RETRIEVAL 90.00
208258 11/20/2008 003307 STERICYCLE INC, 11.14
10/31/2008 3000235901 PD-WASTE DISPOSAL FEES 11.14
208259 11/20/2008 004926 STRIPE RITE INC, 10,616.85
9/30/2008 18702 PARKS-AG08-118 PKCP,STLK STRIP 4,819.75
9/30/2008 18704 PARKS-AG08-118 PKCP,STLK STRIP 5.797.10
208260 11/20/2008 003896 SUMMIT LAW GROUP, 3,399.00
11/15/2008 39898 LAW.AG08-028 LEGAL SVC - EMPLO 3,399.00
208261 11/20/2008 007710 SUPERIOR LINEN SERVICE, 75.36
11/10/2008 S09522 DBC-L1NEN SERVICE 45.40
11/10/2008 08754 DBC-L1NEN SERVICE 29.96
208262 11/20/2008 009523 SYSTEMS FOR PUBLIC SAFETY, 1,265.33
10/28/2008 11223 PD-SCANNERS FOR K-9 CARS 767.04
11/6/2008 11242 PD-SPOTLlGHT REPAIR 80.54
11/6/2008 11253 PD-PA SYSTEM REPAIRS 235.06
11/6/2008 11249 PD-SWlTCH OUT SEAT 80.54
9/12/2008 11008 PD-CONNECT ANTENNA TO VRM 102.15
208263 11/20/2008 008319 THE WATERSHED COMPANY, 717.50
11/6/2008 2008-0964 AG05-160 SWM-LAKOTA CK MONITOR 717.50
208264 11/20/2008 009280 THUNDERING OAK ENTERPRISES INC, 15,123.75
10/17/2008 2449 PKM-AG08-127 TREE MAINTENANCE- 15,123.75
208265 11/20/2008 007609 TRI DIM FILTER CORP, 674.40
9/17/2008 822838-1 FWCC-TRI-DIM FILTERS 674.40
208266 11/20/2008 008902 TRI-CITY MEATS, 1,071.53
11/12/2008 220157 DBC-CATERING SUPPLIES 326.28
11/19/2008 219954 DBC-CATERING SUPPLIES 745.25
208267 11/20/2008 008074 TRUGREEN LANDCARE LLC, 2,087.42
1 0/20/2008 6316411 DBC-AG04-152: REMOVE JUNIPER 370.60
1 0/20/2008 6316416 DBC-AG04-152:TREE & DEBRIS REM 642.01
Bank of America Page 4 of 28
Check No. Date Vendor Inv Date Invoice Description Amount Check Total
1 0/31/2008 6316845 DBC-AG04-15211/08 DBC LANDSCA 1,074.81
208268 11/20/2008 002426 UNITED GROCERS CASH & CARRY, 682.13
11/12/2008 115347 DBC-CATERING SUPPLIES 84.83
11/5/2008 113707 DBC-CATERING SUPPLIES 107.82
11/9/2008 114730 DBC-CATERING SUPPLIES 71.11
11/10/2008 115006 DBC-CATERING SUPPLIES 104.09
11/6/2008 113854 DBC-CATERING SUPPLIES 54.55
11/11/2008 115136 DBC-CATERING SUPPLIES 96.74
11/13/2008 115663 DBC-CATERING SUPPLIES 122.35
11/6/2008 113914 PRCS-COOKING CLASS SUPPLIES 40.64
208269 11/20/2008 001805 VADIS NORTHWEST, 4,166.00
10/31/2008 16213 SWR-AG07-016 (10/08) LITTER CO 124.98
10/31/2008 16213 SWR-AG07-016 10/08 LITTER CO NT 4,041.02
208270 11/20/2008 003563 VALLEY COMMUNICATIONS CENTER, 191.40
11/10/2008 0007977 PD-(9/08)LANGUAGE LINE USAGE 191.40
208271 11/20/2008 006007 WALKER ACE HARDWARE, 35.93
11/6/2008 004162 DBC-SMOKE DETECTOR 35.93
208272 11/20/2008 011120 WALKER, MARY L. 20.00
11/10/2008 528462 PRCS-REFUND CLASS FEE 20.00
208273 11/20/2008 003500 WESCOM COMMUNICATIONS, 752.10
11/6/2008 18888 PD-RADAR SYSTEM CALIBRATION 98.10
11/6/2008 18889 PD-RADAR SYSTEM CALIBRATION 98.10
9/30/2008 18822 PD-TALON BATTERY HANDLE 261.60
11/6/2008 18890 PD-RADAR SYSTEM CALIBRATION 98.10
11/11/2008 18900 PD-RADAR SYSTEM CALIBRATION 98.10
11/11/2008 18901 PD-RADAR SYSTEM CALIBRATION 98.10
208274 11/20/2008 000173 WEST PAYMENT CENTER, 1,413.19
11/1/2008 817107257 MSDP-DATABASElCOMM CHARGES- 1,413.19
208275 11/20/2008 011121 WHITEHOUSE, JESSE 10.00
11/10/2008 528463 PRCS-REFUND CLASS FEE 10.00
208276 11/26/2008 009161 A-1 FIRE EQUIPMENT, INC., 1,838.98
10/21/2008 186716F PKM-FIRE EQUIPMENT TESTING @ C 1,683.65
10/21/2008 186717F PKM-TEST FIRE EQUIPMENT AT STE 155.33
208277 11/26/2008 000083 AARO INC DBA THE LOCK SHOP, 50.42
6/16/2008 58305 FWCC-DUPLlCATE KEYS 10.79
11/6/2008 60605 PWST-LOCKSMITH SVCS 22.41
11/6/2008 60600 PKM-CITY HALL ELEVATOR DUPLlCA 17.22
208278 11/26/2008 004234 ABT TOWING OF FEDERAL WAY INC, 289.40
10/29/2008 25620 PD-TOWlNG SERVICE 289.40
208279 11/26/2008 000109 ACTIVE SECURITY CONTROL (DBA), 335.10
1 0/2/2008 14233 PRCS-LOCKSMITH SVC 335.10
208280 11/26/2008 000568 AGRI SHOP INC, 118.16
10/20/2008 405849 PKM-BAR AND CHAIN FOR SAWIINV# 118.16
208281 11/26/2008 003473 ALBERTSON'S #496, 390.50
11/8/2008 RESUABLE BAG SWR-REUSABLE GROCERY BAGS; COU 390.50
208282 11/26/2008 001233 AT&T BUSINESS SERVICE, 65.48
11/6/2008 030 598 3151 001 MSTEL-LONG DISTANCE SVC- 30.12
11/6/2008 030 598 3151 001 MSTEL-LONG DISTANCE SVC- 2.62
11/6/2008 030 598 3151 001 MSTEL-LONG DISTANCE SVC- 32.74
208283 11/26/2008 001790 BARGREEN ELLINGSON INC, 212.71
1 0/9/2008 5575101 FWCC-DISSOLVE DESCALlNG SOLVEN 173.37
9/18/2008 5555575 FWCC-REPLC TAPE END PIECE 39.34
208284 11/26/2008 009663 BROWN, AUDREY 562.44
11/18/2008 02-65911 REFUND PW-02-65911 ROW BOND REFUND -29.00
11/18/2008 02-65911 REFUND PW-02-65911 ROW BOND REFUND 591.44
208285 11/26/2008 001399 CAPITAL LIGHTING COMPANY INC, 529.74
11/14/2008 101693 PWST-FESTIVAL LIGHTS; STREET T 529.74
208286 11/26/2008 011131 CHENEY, ANDREW 240.97
11/19/2008 02-69896 REFUND CD-02-69896 06-105447 REFUND 240.97
208287 11/26/2008 011132 CITY LIGHTS SIGN, 84.76
11/12/2008 04-1358 REFUND CD-08-104931 CANCELLED - REFUN 2.20
11/12/2008 04-1358 REFUND CD-08-104931 CANCELLED - REFUN 2.20
Bank of America Page 5 of 28
Check No. Date Vendor Inv Date Invoice Description Amount Check Total
11/12/2008 04-1358 REFUND CD-08-104931 CANCELLED - REFUN 80.36
208288 11/26/2008 003752 COASTWlDE SUPPLY DBA, 885.32
10/21/2008 T1988860 PKM-JANITORIAL SUPPLIES 201.52
10/27/2008 t1988860-1 PKM-JANITORIAL SUPPLIES 48.92
llnJ2008 T1995203 PKM-JANITORIAL SUPPLIES 143.41
11/11/2008 T1995736-1 DBC-JANITORIAL SUPPLIES 81.05
11/10/2008 T1995736 DBC-JANITORIAL SUPPLIES 410.42
208289 11/26/2008 008766 CRYSTAL CARPET CARE, 115.00
l1n /2008 11708 PARKS-DBC CARPET CLEANING 115.00
208290 11/26/2008 010015 CUTHBERT, GAIL 907.25
11/19/2008 OCTOBER 2008 FWCC-AG07-085 FITNESS TRAINING 907.25
208291 11/26/2008 009505 D & L SUPPLY AND MFG., INC, 14.39
10/30/2008 246189 FWCC-SYMMONS REPAIR KIT 14.39
208292 11/26/2008 000854 D J TROPHY, 288.19
9/1/2008 00224601 PRCS-TROPHY ENGRAVING 14.82
9/17/2008 00224694 PRCS-RIBBONS 273.37
208293 11/26/2008 007397 DAVID A CLARK ARCHITECTS PLLC, 3,999.60
11/11/2008 417 PARK-AG08-113 STLK BRICK HOUSE 3,441.12
11/11/2008 418 PARKS-AG07-152 CELEBRATION PK 558.48
208294 11/26/2008 006177 EARL, SHARYN LYNN 120.00
11/14/2008 08040 CD-WINTER CALENDAR 120.00
208295 11/26/2008 011128 ECKERT, STACY 150.00
11/19/2008 ECKERT 2008 PD-BKGRND INVEST. MODESTO ECKE 150.00
208296 11/26/2008 010030 ECOLAB INC, 202.64
11/9/2008 7513506 DBC-DISHWASHER RENTAL 202.64
208297 11/26/2008 008071 ELECTRICAL CONSULTING SVCS INC, 2,970.00
11/11/2008 20081102A IT-YEARLY MAINTENANCE AGREEMEN 1,336.50
11/11/2008 20081102A IT-YEARLY MAINTENANCE AGREEMEN 1.633.50
208298 11/26/2008 006514 ENGINEERING BUSINESS, 225.52
11/6/2008 34739 SERVICE & MAINTENANCE CONTRACT 50.52
11/6/2008 34739 SERVICE & MAINTENANCE CONTRACT 175.00
208299 11/26/2008 000328 ERNIE'S FUEL STOPS (DBA), 11,541.92
11/15/2008 0297195 PD-11/1-11/15/08 FUEL FOR POll 7,988.18
11/15/2008 0297195 PD-11/1-11/15/08 FUEL FOR POll 589.14
11/15/2008 0297194 MSFL T-11/1-11/15/08 FUEL FOR V 2,964.60
208300 11/26/2008 008647 FASTENAL, 425.66
10/27/2008 WAFED105419 PW/PARK-RETURN HOLE BINS & 8 H -77.88
10/27/2008 WAFED106335 SWM- HAND WIPES 67.77
6/27/2008 WAFED105419 PW/PARKS-COMPART BOXES 123.06
6/27/2008 WAFED105480 PW/PARKS-HITCHPIN & HIT PINS 27.52
6/27/2008 WAFED105480 PW/PARKS-HITCHPIN & HIT PINS 55.05
1 0/27/2008 WAFED105419 PW/PARK-RETURN HOLE BINS & 8 H -155.76
6/27/2008 WAFED105419 PW/PARKS-COMPART BOXES 246.14
6/27/2008 WAFED105419 PW/PARKS-COMPART BOXES 123.07
6/27/2008 WAFED105480 PW/PARKS-HITCHPIN & HIT PINS 27.53
11/3/2008 WAFED106370 PWST-ANTlSEIZES PRODUCT 16.80
1 0/31/2008 WAFED106360 PWST-GLOVES 23.25
1 0/27/2008 WAFED105419 PW/PARK-RETURN HOLE BINS & 8 H -77.90
10/28/2008 WAFED106346 SWM-HAND WIPES 27.01
208301 11/26/2008 005820 FASTSIGNS, 3,852.23
1 0/22/2008 370-13453 PKM-FRENCH LAKE PARK/HOURS OF 245.42
11/5/2008 370-13516 PKM-RULE SIGNSIINV#13516 2,935.37
1 0/22/2008 370-13454 PKM-WEST HYLEBOS WETLANDS 671.44
208302 11/26/2008 004690 FEDERAL WAY NUTRITION SERVICES, 451.15
10/31/2008 2337 PD-(10/08) OFFICER LUNCHES 451.15
208303 11/26/2008 007547 FEDERAL WAY SENIOR CENTER, 2,750.00
8/31/2008 AUGUST 2008 CDHS-AG08-003 CAPACITY STUDY- 2,750.00
208304 11/26/2008 001669 FOSTER PEPPER & SHEFELMAN PLLC, 27.50
11/18/2008 904186 LAW-AG08-038 LEGAL SVC- 27.50
208305 11/26/2008 000923 FURNEY'S NURSERY INC, 65.40
11/12/2008 18161804 PWST-CHAIN LOCK 1" INVOICE # 1 65.40
208306 11/26/2008 004824 GOS PRINTING CORPORATION, 543.32
Bank of America Page 6 of 28
Check No. Date Vendor Inv Date Invoice Description Amount Check Total
11/13/2008 71740 PD-CASE TRACKING FORMS 543.32
208307 11/26/2008 002574 GRAHAM & DUNN, P.C., 2,252.50
11/1712008 280557 PW-ROW ACQUISITION PH IV REIMB 2,252.50
208308 11/26/2008 002547 GRAINGER INC, 284.32
11/3/2008 9771410967 FWCC-WHEEL 18.31
11/3/2008 9771139103 FWCC-CARRIAGE BOLT, ACORN NUT 41.08
11/11/2008 9777753667 FWCC-HOSE REEUCART 8.28
11/11/2008 9777753667 FWCC-HOSE REEUCART 216.65
208309 11/26/2008 010738 GREEN EFFECTS, INC, 2,628.30
11/13/2008 25037 PARK-AG08-067 LANDSCAPING MAIN 2,072.66
11/13/2008 25038 PARK-AG08-067 LANDSCAPING MAIN 555.64
208310 11/26/2008 005241 HARMONY KINGS, 1,500.00
11/9/2008 NOVEMBER 9, 2008 PRCS-AG08-062 HARMONY KINGS VO 1,500.00
208311 11/26/2008 003256 HURLEY ENGINEERING COMPANY, 1,489.28
11/12/2008 TL33503JA DBC-REPLACE GRUNDFOS PUMP 1,489.28
208312 11/26/2008 001129 J & K FOUNDATIONS INC, 2,886.24
10/20/2008 29 PKM-HYLEBOS MONUMENT SIGN CONC 2,886.24
208313 11/26/2008 010026 JOHNSON, ROSE 150.00
11/18/2008 28290 DBC-DAMAGE DEPOSIT REFUND 150.00
208314 11/26/2008 010838 JOHNSON, STEPHEN G 500.00
11/6/2008 NOVEMBER 6, 2008 CM-CONFLlCT DEFENDER SVCS- 500.00
208315 11/26/2008 010433 JUMPING JO JO, 327.00
10/24/2008 OCTOBER 24, 2008 PRCS-TRICKS N TREATS FUNFEST 327.00
208316 11/26/2008 009624 KARCHA, VLADIMIR & L YUBOV 871.00
11/18/2008 02-65934 REFUND PW-02-65934 ROW BOND REFUND -29.00
11/18/2008 02-65934 REFUND PW-02-65934 ROW BOND REFUND 900.00
208317 11/26/2008 005568 KING COUNTY FLEET ADM DIVISION, 2,758.12
11/13/2008 204214 SWR-L1TTER BAGS AND FLEET MATE 1,349.30
11/13/2008 204214 SWR-L1TTER BAGS AND FLEET MATE 1,037.38
9/5/2008 204157 PWTR-8/08 SUPPLIES AND EQUIPME 371.44
208318 11/26/2008 000201 KINKO'S INC, 4.34
11/7/2008 515100004964 SWM-CARWASH INSTRUCTIONS 4.34
208319 11/26/2008 009492 KPG INC, 230.00
10/25/2008 106108 PARKS-SURVEY W. HYLEBOS 230.00
208320 11/26/2008 000096 LAKEHAVEN UTILITY DISTRICT, 2,593.74
11/14/2008 3383701 PWST-9/24/08 UTILITIES 639.76
11/14/2008 3513001 PWST-9/23/08 UTILITIES 637.04
11/14/2008 3541001 PWST-9/25/08 UTILITIES 396.90
11/14/2008 3336301 PWST-9/24/08 UTILITIES 49.34
11/14/2008 3383601 PWST-9/23/08 UTILITIES 547.76
11/14/2008 2961401 PWST-9/25/08 UTILITIES 14.92
11/14/2008 3238401 PWST-9/25/08 UTILITIES 38.94
11/14/2008 3238401 PWST-9/25/08 UTILITIES 254.16
11/14/2008 3518001 PWST-9/29/08 UTILITIES 14.92
208321 11/26/2008 003348 LASER TECHNOLOGY INC, 4,360.01
11/6/2008 52904 RI PD-RADAR UNITS - WSTSC GRANT 4,360.01
208322 11/26/2008 011130 L1ESTER, SHELLEY 50.48
11/19/2008 532220 FWCC-REFUND CANCEL MEMBERSHIP 50.48
208323 11/26/2008 000630 LLOYD ENTERPRISES INC. 240.11
11/6/2008 126059 PWST-CONCRETE MIX 42.24
11/4/2008 125962 PWST-CONCRETE MIX 149.84
2/5/2008 117944 PKM-PRQ-GRO BLEND 48.03
208324 11/26/2008 005339 LOWE'S HIW INC, 171.16
11/6/2008 01918 PWST-FESTIVAL LITE TESTER 58.76
11/12/2008 02814 CHB-ROOF CEMENT 27.62
11/19/2008 14751 PD-DRILL BITS 15.67
11/19/2008 17693 PD-RETURN DRILL BITS -3.66
11/15/2008 02157 SWM-CARWASH KIT SUPPLIES 72.77
208325 11/26/2008 005043 MACHINERY POWER & EQUIPMENT CO, 1,476.42
10/22/2008 32001758-0001 PKM-EQUIP RENTAL WILDWOOD PARK 1,476.42
208326 11/26/2008 000080 MARLENE'S MARKET & DELI, 410.00
11/6/2008 RESUBALE BAGS SWR-REUSABLE GROCERY BAGS; COU 410.00
Bank of America Page 7 of 28
Check No. Date Vendor I nv Date Invoice Description Amount Check Total
208327 11/26/2008 008287 MASTER MARK, MNS COPR DBA 106.31
11/6/2008 0520792 LAW; 2 DATE STAMPS; RETURN ADD 53.16
11/6/2008 0520792 LAW; 2 DATE STAMPS; RETURN ADD 53.15
208328 11/26/2008 004182 MCDONOUGH & SONS INC, 867.28
11/14/2008 160493 PARKSAG06-027-PARKING LOT CLEA 429.93
11/14/2008 160493 PARKSAG06-027-PARKING LOT CLEA 161.84
11/10/2008 160251 PARKSAG06-027-PARKING LOT CLEA 105.88
11/14/2008 160493 PARKSAG06-027-PARKING LOT CLEA 59.45
11/14/2008 160493 PARKSAG06-027-PARKING LOT CLEA 110.18
208329 11/26/2008 005256 MCGEE, BOBBIE 145.80
11/14/2008 11/14/08 MC-INTERPRETER SVCS 145.80
208330 11/26/2008 001793 MICROFLEX INC. 498.99
11/14/2008 00018168 MSA-TAX AUDIT PROGRAM- 498.99
208331 11/26/2008 008500 NATIONAL CONSTRUCTION RENTALS, 436.00
9/19/2008 RI-2431490 RM-PWST-LABEL RAILlNG@ 16TH A 436.00
208332 11/26/2008 004445 NATIONAL SAFETY INC, 187.64
10/30/2008 0237745-IN PKM-WORK GLOVES/I NV#0237745-IN 187.64
208333 11/26/2008 011127 NCH CORPORATION, 141.89
10/27/2008 20206812 MSFL T-SUPER MAGNA CRIMP 141.89
208334 11/26/2008 000043 NEW LUMBER & HARDWARE COMPANY. 192.70
11/18/2008 232138 PWST-GRAFFITI REMOVER/RAGS SUP 22.54
10/21/2008 231213 PKM-CELB PARK BROOMS SUPPLIES 73.51
11/14/2008 232032 PWST-SCREWS/MIPT STEM/AIR MAGN 6.83
11/12/2008 231948 PWST-STARTING FLUIDIISO HEET S 4.49
10/15/2008 231038 PKM-WlLDWOOD PROJ SUPPLIES 15.24
10/21/2008 231234 PKM-WlLDWOOD PROJ SUPPLIES 70.09
208335 11/26/2008 000089 NEWS TRIBUNE. 1,634.05
10/19/2008 S1364804000 MSHR-l0/19/08 EMPLOY AD 525.35
10/26/2008 S1365301200 MSHR-l0/26/08 EMPLOY AD 203.35
11/2/2008 S1365921000 MSHR-ll/2/08 EMPLOY AD 203.35
10/12/2008 21975664AOl 10/12/08 WBNR EMPLOY AD 702.00
208336 11/26/2008 003392 NORTHWEST LININGS & GEOTEXTILE, 152.60
10/28/2008 0029832-IN PKM-DRAINAGE FABRIC WILDWOOD 152.60
208338 11/26/2008 000112 PACIFIC COAST FORD INC. 1,178.00
11/13/2008 FOCS157798 MSFL T-REPL LR WHEEL BRGITIRES 125.21
11/13/2008 FOCS157780 MSFL T-LOF 47.70
11/13/2008 FOCS157784 MSFL T-LOF/INSPEC 45.79
11/13/2008 FOCS157782 MSFL T-LOF/FUEL FIL TERIWIPER BL 110.33
11/13/2008 FOCS157784 MSFL T-LOF/INSPEC 32.70
11/13/2008 FOCS157798 MSFLT-REPL LR WHEEL BRGITIRES 30.23
11/13/2008 FOCS157799 MSFL T-REPL BULB & ASSY 57.72
11/13/2008 FOCS157802 MSFLT-LOF 47.73
11/13/2008 FOCS157805 MSFLT-TRAILER PLUG TEST 43.08
11/10/2008 FOCS157750 PD-LOF REPAIRS/SVC 39.95
11/5/2008 FOCS157617 PD-CK ENG LIGHT REPAIRS/SVC 181.66
11/10/2008 FOCS157745 PD-TIRE REPAIRS/SVC 24.58
10/13/2008 FOCS156987 PO-DOOR HANDLE REPAIRS/SVC 68.02
11/11/2008 FOCS157748 PO-DOOR HANDLE ASSY REPAIRS/SV 99.26
11/10/2008 FOCS157743 PD-LOFIWIPER BLADE REPAIRS/SVC 35.50
11/10/2008 FOCS157683 PO-BATTERY REPAIRS/SVC 156.25
11/10/2008 FOCS157743 PD-LOFIWIPER BLADE REPAIRS/SVC 32.29
208339 11/26/2008 005479 PARTIES BY MEL. 191.44
10/24/2008 OCTOBER 24, 2008 PRCS-TRICKS N TREATS DECOR 191.44
208340 11/26/2008 001166 PETTY CASH - FWCC, 284.38
11/25/2008 NOVEMBER 24, 2008 PRCS-FERRY TOLL SENIOR TRIP 11.55
11/25/2008 NOVEMBER 24, 2008 PRCS-MILEAGE REIMBURSEMENT 45.51
11/25/2008 NOVEMBER 24, 2008 PRCS-MILEAGE REIMBURSEMENT 51.48
11/25/2008 NOVEMBER 24, 2008 PRCS-ICE CREAM FOR SENIOR TRIP 23.15
11/25/2008 NOVEMBER 24, 2008 PRCS-CAKE FOR SENIOR PROGRAM C 28.48
11/25/2008 NOVEMBER 24, 2008 PRCS-CONTAINERS FOR FRIENDSHIP 52.32
11/25/2008 NOVEMBER 24, 2008 PRCS-FOOD FOR F-DUB HALLOWEEN 64.26
11/25/2008 NOVEMBER 24, 2008 PRCS-PRIZES FOR F-DUB HALLOWEE 7.63
208341 11/26/2008 006241 PETTY CASH-POLICE DEPT, 408.39
Bank of America Page 8 of 28
Check No. Date Vendor Inv Date Invoice Description Amount Check Total
11/25/2008 NOVEMBER 25, 2008 PD-LUNCHEON MEETING- 33.91
11/25/2008 NOVEMBER 25, 2008 PD-GROUND TRANSPORTATION- 20.00
11/25/2008 NOVEMBER 25, 2008 PD-1-DAY PER DIEM ALLOWANCE- 50.00
11/25/2008 NOVEMBER 25, 2008 PD-REIMB:CIS CLOTHING ALLOWANC 72.86
11/25/2008 NOVEMBER 25, 2008 PD-CIS CLOTHING ALLOWANCE- 71.81
11/25/2008 NOVEMBER 25, 2008 PD-REIMB:ADDTL LODGING FEES- 58.03
11/25/2008 NOVEMBER 25, 2008 PD-FOOD & BEVERAGE FOR- 69.67
11/25/2008 NOVEMBER 25, 2008 PD-COFFEE:VOLUNTEER- 32.11
208342 11/26/2008 003537 PIERCE COUNTY SECURITY INC, 1,125.00
11/5/2008 183201 PARKS-AG06-056 PARK CLOSING & 250.00
11/5/2008 182982 PARKS-AG06-056 PARK CLOSING & 150.00
11/5/2008 183045 PARKS-AG06-056 PARK CLOSING & 250.00
11/5/2008 183148 PARKS-AG06-056 PARK CLOSING & 175.00
11/5/2008 183098 PARKS-AG06-056 PARK CLOSING & 150.00
11/5/2008 183151 PARKS-AG06-056 PARK CLOSING & 150.00
208343 11/26/2008 005583 PRAXAIR DISTRIBUTION INC, 14.77
1 0/20/2008 31111268 PKM-WELDING SUPPLlES/INV#31111 14.77
208344 11/26/2008 011124 PREMIUM PROPERTY MAINTENANCE, 270.02
11/7/2008 123 DBC-TARP/MATLS FOR ROOF REPAIR 270.02
208345 11/26/2008 008107 PRINT SOLUTIONS & CONSULTING, 1,993.93
11/4/2008 7602 PWTR-POSTCARD MAILING FOR CCAP 1,993.93
208346 11/26/2008 000051 PUGET SOUND ENERGY INC, 82,384.97
11/14/2008 250-275-0389 PWTR-10/08 ELECT 106 SWCAMPUS 138.77
11/18/2008 PARKS 200810 PKF-200810 31104 28TH AVE S HA 109.73
11/18/2008 PARKS 2008 10 PKM-200810 31132 28TH AVE STLK 380.91
11/18/2008 PARKS 200810 FWCC-200810 876 S 333RD STREET 12,209.08
11/18/2008 PARKS 2008 10 FWCC-200810 876 S 333RD STREET 31,578.94
11/18/2008 PARKS 2008 10 PKM-200810 876 S 333RD STREET 118.42
11/18/2008 PARKS 2008 10 PKF-200810 2410 S 312TH BRICK 67.39
11/18/2008 PARKS 2008 10 PKF-200810 31104 28TH AVE S HA 45.23
11/18/2008 PARKS 2008 10 PKM-200810 31132 28TH AVE STLK 386.80
11/18/2008 PARKS 2008 10 PKKFT-200810 3200 DASH PT (33% 685.58
11/18/2008 PARKS 2008 10 PKF-200810 600 S 333RD ST. EVI 501.56
11/18/2008 PARKS 2008 10 CHB-200810 33325 8TH AVE S- 14,353.08
11/18/2008 PARKS 2008 10 DBC-200810 3200 DASH PT (67%)- 1,391.95
11/18/2008 PARKS 2008 10 PKCP-200810 S 324TH BLDG B- 3,568.71
11/18/2008 PARKS 2008 10 PKCP-200810 S 324TH BLDG A- 1,208.34
11/18/2008 PARKS 2008 10 DBC-200810 3200 DASH PT (67%)- 1,661.29
11/18/2008 PARKS 2008 10 PKF-200810 SAC PARK FIELD L1GH 3,688.35
11/18/2008 PARKS 2008 10 PKF-200810 1ST AVE & CAMPUS DR 37.06
11/18/2008 PARKS 2008 10 PKM-200810 2410 S 312TH BEACH 327.42
11/18/2008 PARKS 2008 10 PKF-200810 7TH AVE HISTORICAL 7.45
11/18/2008 PARKS 2008 10 PKF-200810 21ST AVE SWLAKOTA 1,034.55
11/18/2008 PARKS 2008 10 PKF-200810 STLK STREET L1GHTS- 21.57
11/18/2008 PARKS 2008 10 PKF-200810 34915 4TH AVE MARKX 11.64
11/18/2008 PARKS 200810 PKM-200810 2410 S 312TH WOODSH 120.62
11/18/2008 PARKS 2008 10 PKF-200810 7TH AVE HISTORICAL 27.84
11/18/2008 PARKS 2008 10 PKF-200810 33914 19TH AVE SAG 5,875.41
11/18/2008 PARKS 2008 10 PKF-200810 31207 28TH AVE PARK 8.26
11/18/2008 PARKS 2008 10 PKF-200810 2645 S 312TH ANX-RR 1,346.02
11/18/2008 PARKS 2008 10 PKF-200810 28156 24TH PL HERIT 8.26
11/18/2008 PARKS 2008 10 PKM-200810 2410 S 312TH STORAG 10.88
11/18/2008 PARKS 2008 10 PKF-200810 32730 17TH AVE ALDE 8.49
11/18/2008 PARKS 2008 10 PKF-200810 34915 47TH AVE S ID 8.59
11/18/2008 PARKS 2008 10 PKF-200810 2645 S 312TH SEWER 8.26
11/18/2008 PARKS 2008 10 PKF-200810 2700 SW 340TH ALDER 8.59
11/18/2008 PARKS 2008 10 PKF-200810 600 S 333RD ST. EVI 419.84
11/18/2008 PARKS 2008 10 PKKFT-200810 3200 DASH PT (33% 818.25
11/14/2008 004-919-1000 SWM-10/08 ELECT 324TH STORAGE- 181.84
208347 11/26/2008 000139 PUGET SOUND FINANCE OFFICERS, 25.00
11/14/2008 2008-023 MSF-11/12/08 PSFOA MTG 25.00
208348 11/26/2008 007837 QUARTERMASTER, 185.32
9/25/2008 P639976701010 PD-HAT PATCHES 185.32
Bank of America Page 9 of 28
Check No. Date Vendor Inv Date Invoice Description Amount Check Total
208349 11/26/2008 008264 R-4 PRINTING INC, 3,348.44
11/21/2008 100385 MSHR-CH LETTERHEAD 2,169.10
1 0/9/2008 100382 MSHR-MC ENVELOPES 270.32
10/9/2008 100383 MSHR-CH ENVELOPES 909.02
208350 11/26/2008 009297 ROTH HILL ENGINEERING PARTNERS, 9,904.90
11/14/2008 94788 SWM-AG07-166 10TH AVE TRUNK RE 9,904.90
208351 11/26/2008 700412 SEATTLE UNIVERSITY, 548.74
11/18/2008 28289 DBC-DEPOSIT/OVERPA Y REFUND 548.74
208352 11/26/2008 003012 SEATTLE'S CONVENTION &VISITORS, 595.00
10/21/2008 51019 CM/ED-09 ANNUAL MEMBERSHIP DUE 595.00
208353 11/26/2008 001213 SECOMA FENCE INC, 715.04
11/10/2008 7282 PWST- FENCE SUPPLIES; RE-INSTA 715.04
208354 11/26/2008 005340 SENIOR SERVICES OF SEATTLE, 438.00
11/13/2008 OCT 2008 PRCS- 10/08 SR MEAL PROGRAM 438.00
208355 11/26/2008 001480 SHERWIN-WILLIAMS CO, 162.24
11/7/2008 1919-8 SWR- PAINT FOR RECYCLING RIGHT 162.24
208356 11/26/2008 000714 SKYHAWKS SPORTS ACADEMY, 1,424.90
9/11/2008 240825529 PRCS-SKYHAWKS COACHING 1,424.90
208357 11/26/2008 004963 SOUND PUBLISHING INC, 444.86
10/18/2008 130338 MSHR-10/18/08 EMPLOY AD 143.00
1 0/25/2008 133160 MSHR-10/25/08 EMPLOY AD 114.40
7/12/2008 96193 CDHS-7/12/08 LEGAL AD 187.46
208358 11/26/2008 008872 SPECTRA ANALYTICAL INC., DBA SPECTRA L 219.00
10/23/2008 46765 SWM-WATER QUALITY TESTING; INV 119.00
11n/2008 47044 SWM-WATER QUALITY TESTING 100.00
208359 11/26/2008 004701 SPRINT, 3,010.27
11/18/2008 796588811-012 MSTEL-(11108) CELLULAR AIRTIME 1,264.31
11/18/2008 796588811-012 MSTEL-(11/08) CELLULAR AIRTIME 1,745.96
208361 11/26/2008 007710 SUPERIOR LINEN SERVICE, 30.32
11/17/2008 10953 DBC-L1NEN SERVICE 30.32
208362 11/26/2008 010367 SWANK MOTION PICTURES, INC, 295.12
8/15/2008 RG1229484 PRCS-"NATL TREASURE" DVD 295.12
208363 11/26/2008 008316 TELECOM TECHNOLOGIES INC, 4,229.00
11/5/2008 S32929 TEU RR 2410 TELEPHONE SET 3,510.00
11/5/2008 S32929 TEU RR 2420 TELEPHONE SET 669.00
11/5/2008 S32929 Freight 50.00
208364 11/26/2008 006033 THE FAB SHOP LLC, 481.21
11/9/2008 13882 MSFL T-REPLC TONGUE 481.21
208365 11/26/2008 002960 THE PARAGON GROUP INC, 894.89
11/17/2008 0137528-IN CM/ED - VIDEO TAPE DUPLICATION 894.89
208366 11/26/2008 009280 THUNDERING OAK ENTERPRISES INC, 523.20
10/30/2008 2480 PKM-TREE REMOVAL@3371633RD PL 523.20
208367 11/26/2008 008902 TRI-CITY MEATS, 33.00
11/12/2008 220155 PRCS-COOKING CLASS SUPPLIES 33.00
208368 11/26/2008 002426 UNITED GROCERS CASH & CARRY, 291.18
11/13/2008 115765 PRCS-COOKING CLASS SUPPLIES 25.58
11/14/2008 115898 DBC-CATERING SUPPLIES 118.57
11/15/2008 116180 DBC-CATERING SUPPLIES 147.03
208369 11/26/2008 003837 UNITED PARCEL SERVICE, 29.40
11/15/2008 0000F6588V468 PD-DOCUMENT DELIVERY SERVICE 28.28
11/15/2008 0000F80F48468 PD-DOCUMENT DELIVERY SERVICE 1.12
208370 11/26/2008 000769 UNITED PIPE & SUPPLY CO INC, 57.50
5/30/2008 7883486 PKM-IRRIGATION SUPPLIES FOR CE 57.50
208371 11/26/2008 003563 VALLEY COMMUNICATIONS CENTER, 257,886.00
11/10/2008 0007994 PD-(11/08-12/08)EMER DISPATCH 257,886.00
208372 11/26/2008 004863 VALLEY CONSTRUCTION SUPPLY INC, 103.55
9/11/2008 309818 PWAD-CONCRETE; CONCRETE SUPPLI 103.55
208373 11/26/2008 007713 VERNON PUBLICATIONS LLC, 30.00
11/4/2008 I B00345 CM/ED - SEATTLE INFOGUIDE - 50 30.00
208374 11/26/2008 010518 WA STATE ASSOCIATION, 150.00
11/18/2008 28287 DBC-DAMAGE DEPOSIT REFUND 150.00
208375 11/26/2008 000567. WA STATE DEPT OF ECOLOGY, 4,776.96
Bank of America Page 10 of 28
Check No. Date Vendor Inv Date Invoice Description Amount Check Total
11/7/2008 C009002001 SWM-AG08-106 SEAWEED REMOVAL- 4,776.96
208376 11/26/2008 000851 WASTATE PATROL, 570.50
11/4/2008 109003340 PD-1 0/08 CPL FBI 500.50
11/4/2008 109002979 MSHR-10/08 BKGRND CHECKS 70.00
208377 11/26/2008 006007 WALKER ACE HARDWARE, 7.62
11/3/2008 004143 SWM-REPAIR AND MAINTENANCE SUI 7.62
208378 11/26/2008 000783 WASTE MANAGEMENT, 20.82
12/1/2008 0832661-1055-6 SWR-YARD WASTE DISPOSAL 20.82
208379 11/26/2008 009995 WATER MANAGEMENT, 744.00
11/10/2008 075280 SWM-WATER QUALITY TESTING; INV 332.00
11/17/2008 075522 SWM-WATER QUALITY TESTING; FRE 412.00
208380 11/26/2008 000173 WEST PAYMENT CENTER, 1,139.00
10/28/2008 6055051402 LAW, 2009 WA CT RULES 3 SETS W 287.19
1 0/25/2008 817006581 MC-COURT RULES PUBLICATIONS 564.62
10/28/2008 6055051402 LAW, 2009 WA CT RULES 3 SETS W 287.19
208381 11/26/2008 001430 WHITE CAP/BURKE, 291.04
1 0/22/2008 30036261 PKM-TIE WIRES, PLIERS, STAKES, 291.04
208382 11/26/2008 702432 WlNCO FOODS INC, 397.76
11/10/2008 REUSABLE BAGS SWR-REUSEABLE GROCERY BAGS; CO 397.76
208383 11/26/2008 000660 WOODWORTH & COMPANY INC, 1,018.68
1 0/28/2008 187488 PWST-ASPHAL T MIX 518.14
10/21/2008 187280 PKM-HOT MIX ASPHAL T/INV#187280 253.00
10/28/2008 187513 PKM-HOT MIX ASPHALT/MIRROR 247.54
208384 11/26/2008 000428 WRPA-WA REC & PARK ASSOC, 2,363.00
5/8/2008 08-302 PRCS-2008-2009 AGENCY DUES WRP 1,035.50
5/812008 08-302 PRCS-2008-2009 AGENCY DUES WRP 1.035.50
5/812008 08-302 PRCS-2008-2009 AGENCY DUES WRP 292.00
208385 11/26/2008 000375 WSBA-WA STATE BAR ASSOCIATION, 25.00
11/12/2008 16419 LAW, SECTION DUES - PAR 25.00
208386 11/26/2008 005722 YAKIMA COUNTY DEPARTMENT OF, 83,944.25
11/10/2008 OCTOBER 2008 PD-(10/08) JAIL SVCS AGOO-167- 83,944.25
208387 11/26/2008 008547 STRONG, ROBERT 648.28
11/18/2008 02-68265 REFUND PW-02-68265 ROW BOND REFUND 677.28
11/18/2008 02-68265 REFUND PW-02-68265 ROW BOND REFUND -29.00
208388 11/26/2008 700498 SWWASHINGTON SYNOD, 150.00
11/18/2008 28288 DBC-DAMAGE DEPOSIT REFUND 150.00
208389 12/4/2008 007318 ADVANCED SAFETY & FIRE SVCS, 37.88
11/14/2008 114834 PD-FIRE EXTINGUISHERS MAl NT. 37.88
208390 12/4/2008 011138 BOULTON, HENRY 50.00
11/25/2008 01-73729 REFUND MS-REFUND BL FEE OUT OF AREA 50.00
208391 12/4/2008 004919 BRATWEAR, 74.53
11/17/2008 313448 PD-REFLECTIVE LETTERING PATROL 74.53
208392 12/4/2008 000991 CASCADE COFFEE INC, 278.28
12/2/2008 30559768 FWCC-SR CNTR COFFEE & SUPPLIES 147.20
11/24/2008 20560930 MSMD-MTG COFFEE & SUPPLIES 131.08
208393 12/4/2008 003093 CASCADE COMPUTER MAINTENANCE, 1,081.28
11/10/2008 9141189 MSDP-(12/08) PRINTER MAINTENAN 54.06
11/10/2008 9141189 MSDP-(12/08) PRINTER MAINTENAN 432.52
11/1 0/2008 9141189 MSDP-(12/08) PRINTER MAINTENAN 594.70
208394 12/4/2008 007368 CHIEF SUPPLY CORPORATION, 336.60
11/13/2008 235878 PD-DAYNITE REF. GLOVES 336.60
208395 12/4/2008 005657 CHOICEPOINT BUSINESS AND, 90.00
10/31/2008 ABOOO1889542 PD-(10/08) AUTO TRACKXP SVCS 90.00
208396 12/4/2008 009643 CIPALLA COMMUNICATIONS INC, 3,325.10
11/26/2008 FW-08-0011-B CM-07-001 TOURISM MARKETING- 3,325.10
208397 12/4/2008 004838 CITY OF ENUMCLAW, 2,200.00
11/12/2008 02372 PD-(10/08) PRISONER LODGING 2,200.00
208398 12/4/2008 003752 COASTWlDE SUPPLY DBA, 2,623.85
11/14/2008 W1997638 FWCC-JANITORIAL SUPPLIES 1,267.15
11/13/2008 T1997389 CHB-JANITORIAL SUPPLIES 776.46
11/6/2008 T1994463 CHB-JANITORIAL SUPPLIES 619.12
5/13/2008 CW1916262 FWCC-CREDIT RETURN POLYGONAL H -38.88
Bank of America Page 11 of 28
Check No. Date Vendor Inv Date Invoice Description Amount Check Total
208399 12/4/2008 008445 COPIERS NORTHWEST INC, 330.11
11/7/2008 46570 MIS-COPIERITONER SUPPLIES 80.64
11/13/2008 46689 MIS-COPIERITONER SUPPLIES 84.42
11/13/2008 46689 MIS-COPIERITONER SUPPLIES 75.98
11/7/2008 46570 MIS-COPIERlTONER SUPPLIES 72.57
11/7/2008 46570 MIS-COPIERlTONER SUPPLIES 8.06
11/13/2008 46689 MIS-COPIERlTONER SUPPLIES 8.44
208400 12/4/2008 011137 CULBERTSON SIGN, 2,000.00
11/25/2008 02-76429 REFUND PW-ROW REFUND - BEST WESTERN S 2,000.00
208401 12/4/2008 009505 D & L SUPPLY AND MFG., INC, 14.39
10/31/2008 246231 FWCC-SYMMONS TA REPAIR KIT 14.39
208402 12/4/2008 011055 DONNA LONGWELL & ASSOC., 252.00
11/10/2008 2003 PRCS-HOLlDAY SHOPPING GUIDE 252.00
208403 12/4/2008 008939 FARRELL-MCKENNA CONSTRUCTION, 1,288.00
11/21/2008 02-73274 REFUND PW-02-73274 BARKLEY RIDGE BOND -4,435.00
11/21/2008 02-73274 REFUND PW-02-73274 BARKLEY RIDGE BOND 4,500.00
11/21/2008 04-00071 REFUND PW-04-00071 BARKLEY RIDGE BOND 1,223.00
208404 12/4/2008 000217 FEDERAL EXPRESS CORPORATION, 5.87
11/21/2008 2-998-81871 PD-OVERNIGHT SHIPPING SVCS 5.87
208405 12/4/2008 001669 FOSTER PEPPER & SHEFELMAN PLLC, 404.87
11/18/2008 904163 LAW-AG08-038 LEGAL SVC- 404.87
208406 12/4/2008 010733 FOX LAWSON & ASSOCIATES LLC, 15,000.00
11/14/2008 4967 MSHR-AG08-052 COMP/CLASS STUDY 15,000.00
208407 12/4/2008 004824 GOS PRINTING CORPORATION, 148.21
11/18/2008 71861 PD-DESERT HAZE COVER 12.40
11/18/2008 71847 PD-SUPPLEMENTAL REPORT FORMS 135.81
208408 12/4/2008 003831 GSR POLYGRAPH SERVICES, 450.00
11/30/2008 08-028 PD-POL YGRAPH EXAMS 450.00
208409 12/4/2008 011116 GYM TEC REPAIR LLC, 99.46
10/28/2008 89 FWCC-D-PAD WHEEL REPAIRS 99.46
208410 12/4/2008 011139 HARRIS, KATHYN 61.00
11/19/2008 532314 FWCC-ACCT ADJ. REFUND 61.00
208411 12/4/2008 002957 HARVEY, WARD & ASSOCIATES, 300.00
11/21/2008 NOVEMBER 21, 2008 PD-BKGRND INVEST. SMNR - BUNK 300.00
208412 12/4/2008 009785 HOWARD, TODD 750.00
11/18/2008 069 CM-CONFLlCT DEFENDER SVC 750.00
208413 12/4/2008 000016 IKON OFFICE SOLUTIONS, 151.41
11/5/2008 5009750217 MSMD-(11/08)COPIES MAINT 90.85
11/5/2008 5009750217 MSMD-(11/08)COPIES MAINT 52.99
11/5/2008 5009750217 MSMD-(11/08)COPIES MAINT 7.57
208414 12/4/2008 011007 INTERNATIONAL PAPER COMPANY, 246.15
11/18/2008 G0062000-01 MSC-10/08 SHREDDING SERVICE- 246.15
208415 12/4/2008 009079 J AND Y INVESTMENT LLC, 115.00
12/3/2008 OCTOBER 2008 MSF-10/08 W1FI SITE LEASE LESS 115.00
208416 12/4/2008 010838 JOHNSON, STEPHEN G 500.00
11/20/2008 NOVEMBER 20, 2008 CM-CONFLlCT DEFENDER SVCS- 500.00
208417 12/4/2008 000125 KING COUNTY FINANCE DIVISION, 1,019.00
11/24/2008 1508629 AG03-161:(12/08)-I-NET SVCS BI 264.94
11/24/2008 1508629 AG03-161:(12/08)-I-NET SVCS BI 662.35
11/24/2008 1508629 AG03-161:(12/08)-I-NET SVCS BI 91.71
208418 12/4/2008 005064 KOCHMAR,L1NDA 13.56
12/3/2008 KOCH MAR 2008 CC-11/08 CELL REIMB. KOCHMAR 13.56
208419 12/4/2008 009492 KPG INC, 171,217.35
10/25/2008 101708 SWM-AG06-055 ON-CALL SURVEYING 1,332.00
10/25/2008 102408 PWST-AG06-127 PAC HWY HOV PH. 47,017.96
9/25/2008 92708 PWST-AG06-127 PAC HWY HOV PH. 122,867.39
208420 12/4/2008 005339 LOWE'S HIW INC, 503.07
11/19/2008 14899 FWCC-PADLOCKS & SUPPLIES 179.45
9/18/2008 14174 FWCC-PADLOCKS & SUPPLIES 66.16
9/18/2008 14174 FWCC-PADLOCKS & SUPPLIES 140.57
11/19/2008 14899 FWCC-PADLOCKS & SUPPLIES 91.89
11/17/2008 02408 PKM-C-CLAMP 25.00
Bank of America
Check No. Date Vendor
208421 12/4/2008 000044
208422 12/4/2008 007444
208423 12/4/2008 001814
208424 12/4/2008 005235
208425 12/4/2008 000808
208426 12/4/2008 000051
Page 12 of 28
Amount Check Total
2,584.95
1,155.00
1,429.95
701.02
701.02
119,576.24
119,576.24
58.55
41.62
16.93
86.85
86.85
17,290.29
Inv Date
OGDEN, MURPHY, WALLACE, PLLC,
10/17/2008 670270
11/14/2008 670842
ORCA PACIFIC INC,
11/13/2008 036729
PARAMETRIX INC,
11/4/2008 03-48347
PETTY CASH-CHANGE FUND,
11/12/2008 MC-11/12/08
11/12/2008 MC-11/12/08
PLATT ELECTRIC SUPPLY,
1117/2008 5240493
PUGET SOUND ENERGY INC,
11/26/2008 PwrR 2008 11
11/26/2008 PwrR 2008 11
11/26/2008 PwrR 2008 11
11/26/2008 PwrR 2008 11
11/26/2008 PwrR 2008 11
11/26/2008 PwrR 2008 11
11/26/2008 PwrR 2008 11
11/26/2008 PwrR 2008 11
11/26/2008 PwrR 2008 11
11/26/2008 PwrR 2008 11
11/26/2008 PwrR 2008 11
11/26/2008 PwrR 2008 11
11/26/2008 PwrR 2008 11
11/26/2008 PwrR 2008 11
11/26/2008 PwrR 2008 11
11/26/2008 PwrR 2008 11
11/26/2008 PwrR 2008 11
11/26/2008 PwrR 2008 11
11/26/2008 PwrR 2008 11
11/26/2008 PwrR 2008 11
11/26/2008 PwrR 2008 11
11/26/2008 PwrR 2008 11
11/26/2008 PwrR 2008 11
11/26/2008 PwrR 2008 11
11/26/2008 PwrR 2008 11
11/26/2008 PwrR 2008 11
11/26/2008 PwrR 2008 11
11/26/2008 PwrR 2008 11
11/26/2008 PwrR 2008 11
11/26/2008 PwrR 2008 11
11/26/2008 PwrR 2008 11
11/26/2008 PwrR 2008 11
11/26/2008 PwrR 2008 11
11/26/2008 PwrR 2008 11
11/26/2008 PwrR 2008 11
11/26/2008 PwrR 2008 11
11/26/2008 PwrR 2008 11
11/26/2008 PwrR 2008 11
11/26/2008 PwrR 2008 11
11/26/2008 PwrR 2008 11
11/26/2008 PwrR 2008 11
11/26/2008 PwrR 2008 11
11/26/2008 PwrR 2008 11
11/26/2008 PwrR 2008 11
11/26/2008 PwrR 2008 11
11/26/2008 PwrR 2008 11
11/26/2008 PwrR 2008 11
11/26/2008 PwrR 2008 11
11/26/2008 PwrR 2008 11
11/26/2008 PwrR 2008 11
11/26/2008 PwrR 2008 11
Invoice
Description
MSC-7/08 HEX GARNER UNFIT BLDG
MSC-10/08 HEX MIRROR LAKE SERV
FWCC-POOL MAINT. SUPPLIES
PW-AG08-007 CITY CNTR ACCESS-
MUNI COURT CHANGE FUND
MUNI COURT CHANGE FUND
FWCC-ELECTRICAL SUPPLIES
PwrR-200811 SW CAMPUS DR & 6TH
PwrR-200811 SW 308TH ST & 4 AV
PwrR-200811 HOYT RD & 340TH-
PwrR-200811 S288TH & 18TH AVE
PwrR-200811 S 316TH & 20TH AVE
PwrR-200811 SW 312TH ST & DASH
PwrR-200811 SW 340TH & HOYT R
PwrR-200811 S322 ST $23RD AVE
PwrR-200811 NE CRNR S 312TH &
PwrR-200811 S 314TH & 20TH AVE
PwrR-200811 35007 ENCHANTED PK
PwrR-200811 35600 PAC HWY S-
PwrR-200811 36600 PAC HWY S-
PwrR-200811 33325 8TH AVE-
PwrR-200811 33507 9TH AVE-
PwrR-200811 34836 WEYHR WAY S-
PwrR-200811 31455 28TH AVE S-
PwrR-200811 32400 STATE RT 99
PwrR-200811 3318 SW346TH PLAC
PwrR-200811 21ST AVE S GRID RO
PwrR-200811 2510 SW336TH STRE
PwrR-200811 31020 14TH AVE S-
PwrR-200811115TH ST S & 316ST
PwrR-200811 1300 S 344TH ST-
PwrR-200811199 SW311TH PLACE
PwrR-200811 S 282ND & MILITARY
PwrR-200811 SW 308TH & 2ND AVE
PwrR-200811 VARIOUS SIGNALS-
PwrR-200811 S 336TH ST & WEYHR
PwrR-200811 SR 161 & 356TH NE
PwrR-200811 S 288TH ST & PAC H
PwrR-200811 491 S 338TH ST-
PwrR-200811 8TH AVE S & DASH P
PwrR-200811 824 SW361TH ST-
PwrR-200811 3480021 ST AVE SW-
PwrR-200811 35909 1ST AVE SW F
PwrR-200811 3611116TH AVE S-
PwrR-200811 33099 HOYT RD SW-
PwrR-200811 34010 20TH AVE-
PwrR-200811 3420 SW343RD ST-
PwrR-200811 32400 STATE RT 99
PwrR-200811 32932 7TH CT SW-
PwrR-200811 32731 HOYT RD FLAS
PwrR-200811 29600 PAC HWY S SI
PwrR200811 2999 SW314TH ST-
PwrR-200811 32000 PAC HWY S-
PwrR-2008111414S 324TH ST.-
PwrR-200811 23RD AVE S & 320TH
PwrR-200811 2613 S 275TH PLACE
PwrR-2008111TH WAY S & 334TH
PwrR-2008111STWAY S & 336TH
58.90
8.76
118.77
141.31
87.55
132.03
187.30
116.64
212.75
171.56
174.34
124.80
9.42
153.22
143.43
70.90
157.53
379.02
37.42
115.29
8.59
41.41
8.68
33.64
202.09
175.92
8.76
33.17
219.72
297.07
713.00
66.36
66.94
248.70
122.29
8.58
101.50
339.48
151.20
30.29
93.80
21.19
8.98
577.87
102.40
331.61
58.98
233.72
32.62
35.84
96.03
Bank of America Page 13 of 28
Check No. Date Vendor Inv Date Invoice Description Amount Check Total
11/26/2008 PWTR 2008 11 PWTR-2008111405 S 312TH ST.- 172.14
11/26/2008 PWTR 2008 11 PWTR-200811 CRNR S 316TH ST & 93.97
11/26/2008 PWTR 2008 11 PWTR-200811 PAC HWY S & S 330T 62.14
11/26/2008 PWTR 2008 11 PWTR-200811 S 296TH PL & MILlT 34.12
11/26/2008 PWTR 2008 11 PWTR-200811 S 333ST & 1ST WAY- 70.74
11/26/2008 PWTR 2008 11 PWTR-200811 S 348TH HOV LANE- 338.60
11/26/2008 PWTR 2008 11 PWTR-200811 STAR LK RD & MILlT 55.46
11/26/2008 PWTR 2008 11 PWTR-200811 S 320 SET & 32RO A 337.20
11/26/2008 PWTR 2008 11 PWTR-200811 S 320TH & PAC HWY 741.42
11/26/2008 PWTR 2008 11 PWTR-200811 21 ST AVE SW & DASH 82.45
11/26/2008 PWTR 2008 11 PWTR-200811 35654 9TH AVE SW- 22.77
11/26/2008 PWTR 2008 11 PWTR-200811 35896 PAC HWY S- 215.75
11/26/2008 PWTR 2008 11 PWTR-200811 S 312TH & 23 AVE S 244.84
11/26/2008 PWTR 2008 11 PWTR-200811 33645 20TH PLACE- 291.24
11/26/2008 PWTR 2008 11 PWTR-200811 33800 WEYHR WAY S- 315.33
11/26/2008 PWTR 2008 11 PWTR-200811 34801 16TH AVE S- 108.42
11/26/2008 PWTR 2008 11 PWTR-200811 31847 PAC HWY S- 375.61
11/26/2008 PWTR 2008 11 PWTR-200811 33220 ST WAY S- 62.43
11/26/2008 PWTR 2008 11 PWTR-200811 33405 6TH AVE S- 50.76
11/26/2008 PWTR 2008 11 PWTR-200811 30800 PAC HWY S- 57.62
11/26/2008 PWTR 2008 11 PWTR-200811 31200 STATE RT 99 326.22
11/26/2008 PWTR 2008 11 PWTR-200811 31600 STATE RT 99 130.86
11/26/2008 PWTR 2008 11 PWTR-200811 21ST AVE SW& SW3 118.62
11/26/2008 PWTR 2008 11 PWTR-200811 21 ST AVE SW & 356T 95.01
11/26/2008 PWTR 2008 11 PWTR-200811 30400TH PAC HWY S- 63.20
11/26/2008 PWTR 2008 11 PWTR-200811 SW 329TH WAY & HOY 8.77
11/26/2008 PWTR 2008 11 PWTR-200811 1790 SW 345TH PLAC 224.59
11/26/2008 PWTR 2008 11 PWTR-20081118THAVE&S312S 98.08
11/26/2008 PWTR 2008 11 PWTR-200811 S 322NO & 23 AVE S 272.58
11/26/2008 PWTR 2008 11 PWTR-200811 S 336TH ST & PAC H 833.69
11/26/2008 PWTR 2008 11 PWTR-200811 S 316TH & PAC HWY 87.63
11/26/2008 PWTR 2008 11 PWTR-200811 S 348TH ST & PAC H 246.79
11/26/2008 PWTR 2008 11 PWTR-200811 SW 324TH & 11TH PL 267.63
11/26/2008 PWTR 2008 11 PWTR-200811 SW 340TH ST & 35TH 76.85
11/26/2008 PWTR 2008 11 PWTR-200811 HWY 509 & 21ST AVE 28.07
11/26/2008 PWTR 2008 11 PWTR-200811 S 304TH & MILITARY 92.70
11/26/2008 PWTR 2008 11 PWTR-200811 S 320TH & WEYHR WA 293.04
11/26/2008 PWTR 2008 11 PWTR-200811 35202 ENCHANT PKWY 307.32
11/26/2008 PWTR 2008 11 PWTR-200811 36201 MILTON RO- 222.58
11/26/2008 PWTR 2008 11 PWTR-200811 727 S 312TH ST- 273.45
11/26/2008 PWTR 2008 11 PWTR-200811 33401 38TH AVE S- 229.36
11/26/2008 PWTR 2008 11 PWTR-200811 34018 PAC HWY S- 70.82
11/26/2008 PWTR 2008 11 PWTR-200811 35106 21ST AVE SW- 54.02
11/26/2008 PWTR 2008 11 PWTR-200811 3113 27TH AVE SW- 128.99
11/26/2008 PWTR 2008 11 PWTR-200811 31910 GATEWAY CNTR 44.91
11/26/2008 PWTR 2008 11 PWTR-200811 32400 STATE RT 99 128.99
11/26/2008 PWTR 2008 11 PWTR-200811 23RD AVE S & S 317 317.55
11/26/2008 PWTR 2008 11 PWTR-200811 2510 S 336TH ST- 31.68
11/26/2008 PWTR 2008 11 PWTR-200811 28516 24TH AVE S- 25.52
11/26/2008 PWTR 2008 11 PWTR-2008111403 SW312TH ST P 8.76
11/26/2008 PWTR 2008 11 PWTR-200811 21ST AVE SW & SW 3 160.78
11/26/2008 PWTR 2008 11 PWTR-200811 21ST AVE SW & SW 3 393.40
11/26/2008 PWTR 2008 11 PWTR-200811 S 320TH & 23 AV S- 412.29
11/26/2008 PWTR 2008 11 PWTR-200811 SWCRNR S 312TH & 332.69
11/26/2008 PWTR 2008 11 PWTR-200811 1ST AVE S & S 330T 78.47
208427 12/4/2008 007837 QUARTERMASTER, 191.49
11/26/2008 P641836701016 PO-WOOL CAPS 191.49
208428 12/4/2008 000202 QWEST, 32.54
11/25/2008 253-942-7800 452B MSTEL-(12/08) PHONE/DATA SVC- 16.27
11/25/2008 253-942-7800 452B MSTEL-(12/08) PHONE/DATA SVC- 1.63
11/25/2008 253-942-7800 452B MSTEL-(12/08) PHONE/DATA SVC- 14.64
208429 12/4/2008 003726 SAFEWAY STORE #1555, 69.84
11/19/2008 1669066 PRCS-THE ALL NIGHTER SUPPLIES 14.95
11/19/2008 1669068 PRCS-THE ALL NIGHTER SUPPLIES 54.89
Bank of America Page 14 of 28
Check No. Date Vendor Inv Date Invoice Description Amount Check Total
208430 12/4/2008 001988 SERVICE LINEN SUPPLY, 74.60
11/17/2008 1117/7258 PRCS- LINEN SERVICE 22.77
11/10/2008 1110/2037 PRCS- LINEN SERVICE 25.07
11/3/2008 1103/6169 PRCS- LINEN SERVICE 26.76
208431 12/4/2008 010962 SHARP BUSINESS SYSTEMS, 24.02
11/11/2008 00110301 MSMD-COPIER RPR, MNT, SUP 24.02
208432 12/4/2008 004963 SOUND PUBLISHING INC, 9,406.18
11/13/2008 40809 PRCS-PRINTING OF 2009 WINTER B 9,406.18
208433 12/4/2008 003307 STERICYCLE INC, 112.17
11/25/2008 3000252231 PO-WASTE DISPOSAL FEES 112.17
208434 12/4/2008 009523 SYSTEMS FOR PUBLIC SAFETY, 380.84
11/11/2008 11277 PO-FLASHLIGHT CHARGER REPAIR 40.27
11/17/2008 11296 PO-PRIORITY START REPAIR 80.54
11/11/2008 11262 PO-INSPECT ALTERNATOR REPAIR 40.27
11/14/2008 11283 PD-MDC REPAIR 219.76
208435 12/4/2008 008470 TACTICAL DESIGN LABS, 32.00
11/14/2008 6161 PO-SOFT COVER HOLSTER -MEHLlNE 32.00
208436 12/4/2008 001424 THYSSENKRUPP ELEVATOR INC, 195.60
12/1/2008 805465 CHB-ELEVATOR MAINT SERVICE 195.60
208437 12/4/2008 010285 TREEHOUSE SUMMER CAMP, 270.00
11/20/2008 532625 PRCS-CHILDREN CAMP REFUND 135.00
11/20/2008 532626 PRCS-CHILDREN CAMP REFUND 135.00
208438 12/4/2008 002426 UNITED GROCERS CASH & CARRY, 176.95
11/24/2008 118687 FWCC-COFFEE SUPPLIES 73.00
11/20/2008 117441 PRCS-COOKING CLASS SUPPLIES 32.55
10/30/2008 112186 PRCS-COOKING CLASS SUPPLIES 38.59
11/22/2008 117960 PRCS- OVERNIGHTER BREAKFAST SU 32.81
208439 12/4/2008 003837 UNITED PARCEL SERVICE, 59.50
11/8/2008 0000F6588V458 SWR-UPS SHIPPING RR DONNELLY 59.50
208440 12/4/2008 003563 VALLEY COMMUNICATIONS CENTER, 1,211.40
11/25/2008 0008019 PD-(11/08) MDT USER FEE- 1,211.40
208441 12/4/2008 001124 VERIZON WIRELESS, 37.65
11/12/2008 0708039761 PD-10/08 BAIT CAR WIRELESS 37.65
208442 12/4/2008 003528 WA STATE CRIMINAL JUSTICE, 250.00
11/24/2008 2009-1341 PO-INTERVIEW. TECH. TRNG MESHK 50.00
11/19/2008 2009-1324 PD-HGN INST. TRNG C WALKER 200.00
208443 12/4/2008 000280 WA STATE EMPLOYMENT SECURITY, 13.50
11/14/2008 08-51858-RDU-L5 PD-EMPL YMNT HISTORY-SCHALER 13.50
208444 12/4/2008 000343 WASHDUP, LLC, 643.20
1 0/31/2008 38 PD-10/08-CAR WASH SERVICE 643.20
208445 12/4/2008 003500 WESCOM COMMUNICATIONS, 490.50
11/19/2008 18922 PO-CALIBRATE RADAR SYSTEM 98.10
11/18/2008 18918 PO-CALIBRATE RADAR SYSTEM 98.10
11/18/2008 18917 PO-CALIBRATE RADAR SYSTEM 98.10
11/17/2008 18913 PO-CALIBRATE RADAR SYSTEM 98.10
11/20/2008 18923 PO-CALIBRATE RADAR SYSTEM 98.10
208446 12/4/2008 010720 WILDER, SAMANTHA 1,759.91
10/31/2008 WECFWl SWR-AG08-044 RECYCLING PROGRAM 1,759.91
208447 12/9/2008 005343 BLALOCK, STEPHEN 150.00
12/8/2008 BLALOCK 2008 PD-BKGRND INVEST. IDAHO 150.00
208448 12/15/2008 000332 ABC LEGAL MESSENGERS INC, 262.00
11/30/2008 MMF015146 LAW-11/08 MNTHL Y SRV CHRG; INV 65.50
1 0/31/2008 MMF013396 LAW-10/08 MNTHLY SRVCHRG; IN 65.50
11/30/2008 MMF015146 LAW-11/08 MNTHLY SRVCHRG; INV 65.50
10/31/2008 MMF013396 LAW-10/08 MNTHLY SRVCHRG; IN 65.50
208449 12/15/2008 004234 ABT TOWING OF FEDERAL WAY INC, 192.93
11/24/2008 25823 PO-TOWING SVCS 192.93
208450 12/15/2008 007784 AC MOATE INDUSTRIES INC, 565.71
11/12/2008 17008 PARKS-STENCIL PARKING LOT 565.71
208451 12/15/2008 000109 ACTIVE SECURITY CONTROL (DBA), 352.98
11/20/2008 14245 PKM-PADLOCKS 352.98
208452 12/15/2008 005243 ADMINISTRATOR FOR THE COURTS, 210.00
Bank of America Page 15 of 28
Check No. Date Vendor I nv Date Invoice Description Amount Check Total
12/10/2008 LARSON REGISTER MC-JUDICIAL CONF. REGISTER LAR 210.00
208453 12/15/2008 010747 AEDEC INTERNATIONAL INC, 479.00
11/26/2008 14326 PD-PROSTRAINT SEAT 479.00
208454 12/15/2008 000568 AGRI SHOP INC, 501.42
11/18/2008 408268 PKM-REPAIR PARTS FOR STAND-UP 501.42
208455 12/15/2008 009195 AKELA SECURITY INC., 3,825.00
12/2/2008 5271 MC-AG06-021 11/08 COURT SECURI 3,825.00
208456 12/15/2008 005287 AMERICALL COMMUNICATIONS &, 225.05
11/21/2008 D6416-1108 SWM-AFTER HR CALL-OUT SVC COST 76.62
11/21/2008 D6417-1108 PKM-AFTER HR CALL-OUT SVC ACCO 71.80
11/21/2008 D6416-1108 SWM-AFTER HR CALL-OUT SVC COST 76.63
208457 12/15/2008 001522 AMERICAN RED CROSS, 42.00
11/19/2008 10022549 FWCC-L1FEGUARD FIRST AID TRNG 42.00
208458 12/15/2008 006211 AQUATECHNEX, INC., 774.00
11/9/2008 1804 SWM-AG07-086 STLKAQUATIC PLAN 377.00
11/9/2008 1823 SWM-AG07-086 STLKAQUATIC PLAN 397.00
208459 12/15/2008 005587 AVAYA INC, 2,459.04
12/1/2008 2728149815 MIS-(12/08) PBX MAINT 283.47
12/4/2008 2728180851 MIS-(11/08) PBX MAINT 626.38
12/1/2008 2728149815 MIS-(12/08) PBX MAINT 30.64
12/4/2008 2728180851 MIS-(11108) PBX MAl NT 67.71
12/4/2008 2728180851 MIS-(11/08) PBX MAINT 998.82
12/1/2008 2728149815 MIS-(12/08) PBX MAINT 452.02
208460 12/15/2008 011145 AWBREY COOK MCGILL ARCHITECTS, 444.25
12/9/2008 02-56529 REFUND CD-02-56529 REFUND DEPOSIT BAL 81.00
12/9/2008 02-56529 REFUND CD-02-56529 REFUND DEPOSIT BAL 363.25
208461 12/15/2008 007247 BENSEN,MARK 500.00
12/2/2008 BENSEN 2008 PD-RECRUITMENT BONUS M BENSEN 500.00
208462 12/15/2008 001630 BLUMENTHAL UNIFORM CO INC, 1,127.80
11/13/2008 712727 PD-B HURST UNIFORMS/ACCESSORIE 9.76
11/14/2008 707232 PD-G CASTRO UNIFORMS/ACCESSORI 156.91
11/19/2008 713810 PD-B HURST UNIFORMS/ACCESSORIE 9.76
11/17/2008 707232-80 PD-G CASTRO UNIFORMS/ACCESSORI -156.91
11/7/2008 711377 PD-B HURST UNIFORMS/ACCESSORIE 119.77
11/6/2008 709181 PD-E FADLER UNIFORMS/ACCESSORI 100.00
11/13/2008 712727 PD-B HURST UNIFORMS/ACCESSORIE 187.20
11/13/2008 712743 PD-J MUNDELL UNIFORMS/ACCESSOR 100.00
11/10/2008 711776 PD-K SCHMIDT UNIFORMS/ACCESSOR 80.12
11/12/2008 711377-01 PD-B HURST UNIFORMS/ACCESSORIE 17.40
11/18/2008 713586 PD-B HURST UNIFORMS/ACCESSORIE 5.45
11/20/2008 713249 PD-S MCCALL UNIFORMS/ACCESSORI 10.90
11/7/2008 711351 PD-K SUMPTER UNIFORMS/ACCESSOR 15.26
11/18/2008 712727-01 PD-B HURST UNIFORMS/ACCESSORIE 113.14
11/17/2008 713236 PD-S MCCALL UNIFORMS/ACCESSORI 89.33
11/21/2008 706016 PD-M BETUCCI UNIFORMS/ACCESSOR 100.00
11/21/2008 713586-01 PD-B HURST UNIFORMS/ACCESSORIE 16.35
11/21/2008 714419 PD-C SHUPP UNIFORMS/ACCESSORIE 100.00
10/31/2008 702653 PD-J CLARY UNIFORMS/ACCESSORIE 53.36
208463 12/15/2008 004919 BRATWEAR. 1,414.40
11/21/2008 313356 PD-JUMP SUITS MCALLESTER, GUlL 1,414.40
208464 12/15/2008 010464 BUSTER, JOHN 1,008.00
12/10/2008 BUSTER 2008 PD-TUITION REIMB BUSTER 1,008.00
208465 12/15/2008 002351 CASCADE MOBILE MIX CONCRETE, 884.27
10/23/2008 23995 PKM-CONCRETE FOR WILDWOOD PARK 549.95
11/18/2008 24373 PKM-CONCRETE FOR WILDWOOD PARK 334.32
208466 12/15/2008 002036 CASCADIA CONSULTING GROUP, 100.00
11/21/2008 IPM2008-26 PKM-PRACTICAL STRATEGIES FOR M 100.00
208467 12/15/2008 011081 CASE POWER & EQUIPMENT, 394.76
11/18/2008 F50355 MSFL T-EXHAUST STACK 394.76
208468 12/15/2008 005672 CASTRO,HEATHER 100.00
12/9/2008 CASTRO 2008 PD-BOOT ALLOW. H CASTRO 100.00
208469 12/15/2008 011100 CHET'S ROOFING & CONSTRUCTION, 11,388.00
Bank of America Page 16 of 28
Check No. Date Vendor Inv Date Invoice Description Amount Check Total
12/3/2008 AG08-148 #1 PARK-AG08-148 STLK ANNEX ROOF- -547.50
12/3/2008 AG08-148 #1 PARK-AG08-148 STLK ANNEX ROOF- 11,935.50
208470 12/15/2008 009643 CIPALLA COMMUNICATIONS INC, 13,685.10
11/26/2008 FW-08-0011-B CM-07-001 TOURISM MARKETING- 1,213.83
11/26/2008 FW-08-0011-B CM-07-001 TOURISM MARKETING- 2,111.27
11/26/2008 FW-08-0011-D CM-AG08-083 MEDIA OUTREACH- 7,350.00
11/26/2008 FW-08-0011-F CM-07-001 TOURISM MARKETING- 550.00
11/17/2008 FW-08-0011-E CM-07-001 TOURISM MARKETING- 300.00
11/28/2008 FW-08-00 ll-A CM-07-001 TOURISM MARKETING- 2,160.00
208471 12/15/2008 004838 CITY OF ENUMCLAW, 1,870.00
12/2/2008 02394 PD-(11/08) PRISONER LODGING 1,870.00
208472 12/15/2008 000951 CITY OF FEDERAL WAY, 547.50
12/3/2008 AG08-148 #1 PARK-AG08-148 STLK ANNEX ROOF 547.50
208473 12/15/2008 010360 CITY OF FEDERAL WAY, 811.11
12/9/2008 CK #1088 PD-CALEA CONF. MCALLESTER 315.53
12/1/2008 CK #1087 PD-CALEA CONF. JACKSON 315.58
12/9/2008 CK#1088 PD-CALEA CONF. MCALLESTER 90.00
12/1/2008 CK#1087 PD-CALEA CONF. JACKSON 90.00
208474 12/15/2008 005817 CITY OF FIFE, 27,337.35
11/25/2008 0004486 PD-(10/08) JAIL SVCS AGOl-72- 27,337.35
208475 12/15/2008 010554 CLARKE, HEATHER 300.00
11/30/2008 33 CM/INFO - WRITING SERVICES FOR 300.00
208476 12/15/2008 003752 COASTWlDE SUPPLY DBA, 1,409.76
11/20/2008 T1987296-1 FWCC-JANITORIAL SUPPLIES 132.06
11/26/2008 W2002087 FWCC-JANITORIAL SUPPLIES 543.64
12/2/2008 T2003085 CHB-JANITORIAL SUPPLIES 776.46
11/14/2008 CT1986793 CHB-RETURN JANITORIAL SUPPLIES -42.40
208477 12/15/2008 005208 COMMERCIAL CARD SOLUTIONS, 6,295.82
11/28/2008 NOVEMBER 2008 SWM-SHEET PROCTECTORS 25.04
11/28/2008 NOVEMBER 2008 SWM-BOOK LIGHTS FOR PLOWS 52.12
11/28/2008 NOVEMBER 2008 SWM-CLlPBOARDS, BINDERS 36.42
11/28/2008 NOVEMBER 2008 MIS-MEMORY STICKS 85.74
11/28/2008 NOVEMBER 2008 CM-SEATTLE ALLIANCE CONF. DOHE 60.00
11/28/2008 NOVEMBER 2008 PKM-BACKFLOWCOURSE TEST RICHE 350.00
11/28/2008 NOVEMBER 2008 PKM-NRPA MAINT MGMT SCHL PROCT 1,160.00
11/28/2008 NOVEMBER 2008 CM-NEWS WEEK MAGAZINE 9.95
11/28/2008 NOVEMBER 2008 CM-INNOVATION GROUPS BOOKS 49.90
11/28/2008 NOVEMBER 2008 CM-BREAKFAST MTG W/FERRELL 20.26
11/28/2008 NOVEMBER 2008 MSHR-EMPLOY. LAW BREAKFAST REF -40.00
11/28/2008 NOVEMBER 2008 PWST-DECORATIVE SALMON FOR FOU 163.20
11/28/2008 NOVEMBER 2008 PD-CAMERA FOR BADGING STATION 237.59
11/28/2008 NOVEMBER 2008 PRCS-DANCE RECITAL COSTUMES 1,249.52
11/28/2008 NOVEMBER 2008 PKM-BAILED STRAW - HYLEBOS 104.28
11/28/2008 NOVEMBER 2008 PKM-BAILED STRAW - FRENCH LAKE 34.76
11/28/2008 NOVEMBER 2008 PD-SAFE CITY TV 1,087.82
11/28/2008 NOVEMBER 2008 PKM-FOOT STOOL - COUNCIL CHAMB 81.07
11/28/2008 NOVEMBER 2008 PD-TV MOUNTS - SAFE CITY 419.36
11/28/2008 NOVEMBER 2008 PD-SAFE CITY HARDWARE 55.46
11/28/2008 NOVEMBER 2008 CD-NFPA BOOK"STALLCUP'S GENERA 71.33
11/28/2008 NOVEMBER 2008 CM-FILE CABINET FOR BEETS OFFI 54.49
11/28/2008 NOVEMBER 2008 CM-FILE CABINET FOR BEETS OFFI 54.49
11/28/2008 NOVEMBER 2008 CM-GOOD PRESS BAD PRESS BOOK 24.95
11/28/2008 NOVEMBER 2008 CM-DVD CONVERSION UTILITY 249.00
11/28/2008 NOVEMBER 2008 MSHR-ADVANCING LEADERSHIP LUNC 248.11
11/28/2008 NOVEMBER 2008 MSHR-CLASS/COMP LUNCH MTG 106.46
11/28/2008 NOVEMBER 2008 CD-ICC CERT. RENEWAL SPROUL 70.00
11/28/2008 NOVEMBER 2008 MIS-KEYBOARD FOR CHAMBERS 110.00
11/28/2008 NOVEMBER 2008 MSHR-ASST. CITY ATTORNEY JOBA 64.50
208478 12/15/2008 011117 COMMERCIAL FILTER SALES & SVC, 831.63
11/7/2008 204577 PKM-HVAC FILTERS AT CITY HALU 831.63
208479 12/15/2008 007591 COMMERCIAL SPACE ONLINE INC, 100.00
12/1/2008 71850 CM/ED - PROPERTY DATABASE SERV 100.00
208480 12/15/2008 008445 COPIERS NORTHWEST INC, 322.63
Bank of America Page 17 of 28
Check No. Date Vendor Inv Date Invoice Description Amount Check Total
11/20/2008 46788 MIS-COPIERITONER SUPPLIES 16.13
11/20/2008 46788 MIS-COPIERITONER SUPPLIES 145.18
11/20/2008 46788 MIS-COPIERITONER SUPPLIES 161.32
208481 12/15/2008 000721 CORLISS RESOURCES INC. 697.53
11/14/2008 198148 PW/PKM-GRAVEL 217.17
10/21/2008 195914 PKM-GRAVEL FOR WILDWOOD PARKlI 266.19
11/14/2008 198148 PW/PKM-GRAVEL 214.17
208482 12/15/2008 000063 CORPORATE EXPRESS OFFICE. 6,708.84
11/30/2008 91978040 CD-RETURN JUMP DRIVE -43.57
11/30/2008 91978040 NOVEMBER 2008 OFFICE SUPPLIES 136.47
11/30/2008 91978040 NOVEMBER 2008 OFFICE SUPPLIES 38.46
11/30/2008 91978040 NOVEMBER 2008 OFFICE SUPPLIES 265.85
11/30/2008 91978040 NOVEMBER 2008 OFFICE SUPPLIES 36.47
11/30/2008 91978040 NOVEMBER 2008 OFFICE SUPPLIES 136.19
11/30/2008 91978040 NOVEMBER 2008 OFFICE SUPPLIES 136.19
11/30/2008 91978040 NOVEMBER 2008 OFFICE SUPPLIES 43.57
11/30/2008 91978040 NOVEMBER 2008 OFFICE SUPPLIES 190.97
11/30/2008 91978040 NOVEMBER 2008 OFFICE SUPPLIES 137.73
11/30/2008 91978040 NOVEMBER 2008 OFFICE SUPPLIES 398.95
11/30/2008 91978040 NOVEMBER 2008 OFFICE SUPPLIES 235.09
11/30/2008 91978040 NOVEMBER 2008 OFFICE SUPPLIES 203.26
11/30/2008 91978040 NOVEMBER 2008 OFFICE SUPPLIES 45.94
11/30/2008 91978040 NOVEMBER 2008 OFFICE SUPPLIES 139.63
11/30/2008 91978040 NOVEMBER 2008 OFFICE SUPPLIES 209.23
11/30/2008 91978040 NOVEMBER 2008 OFFICE SUPPLIES 110.53
11/30/2008 91978040 NOVEMBER 2008 OFFICE SUPPLIES 221.05
11/30/2008 91978040 NOVEMBER 2008 OFFICE SUPPLIES 61.40
11/30/2008 91978040 NOVEMBER 2008 OFFICE SUPPLIES 136.19
11/30/2008 91978040 NOVEMBER 2008 OFFICE SUPPLIES 57.40
11/30/2008 91978040 NOVEMBER 2008 OFFICE SUPPLIES 53.01
11/30/2008 91978040 NOVEMBER 2008 OFFICE SUPPLIES 49.79
11/30/2008 91978040 NOVEMBER 2008 OFFICE SUPPLIES 700.33
11/30/2008 91978040 NOVEMBER 2008 OFFICE SUPPLIES 37.67
11/30/2008 91978040 NOVEMBER 2008 OFFICE SUPPLIES 488.08
11/30/2008 91978040 NOVEMBER 2008 OFFICE SUPPLIES 37.00
11/30/2008 91978040 NOVEMBER 2008 OFFICE SUPPLIES 33.61
11/30/2008 91978040 NOVEMBER 2008 OFFICE SUPPLIES 51.41
11/30/2008 91978040 NOVEMBER 2008 OFFICE SUPPLIES 28.77
11/30/2008 91978040 NOVEMBER 2008 OFFICE SUPPLIES 2.173.79
11/30/2008 91978040 NOVEMBER 2008 OFFICE SUPPLIES 81.40
11/30/2008 91978040 NOVEMBER 2008 OFFICE SUPPLIES 63.74
11/30/2008 91978040 NOVEMBER 2008 OFFICE SUPPLIES 13.24
208483 12/15/2008 000771 COSTCO/HSBC BUSINESS SOLUTIONS. 1.313.87
11/26/2008 NOVEMBER 2008 FWCC-RESALE ITEMS 338.52
11/26/2008 NOVEMBER 2008 FWCC-RESALE ITEMS 342.10
11/26/2008 NOVEMBER 2008 FWCC-RESALE ITEMS 320.58
11/26/2008 NOVEMBER 2008 CD-BATTERIES & BLANK CD'S 38.66
11/26/2008 NOVEMBER 2008 MSHR-BENEFITS FAIR 16.44
11/26/2008 NOVEMBER 2008 PW-STAKEHOLDERS MTG WATER 7.98
11/26/2008 NOVEMBER 2008 MSHR-BENEFITS FAIR 28.97
11/26/2008 NOVEMBER 2008 MSHR-WELLNESS HALLOWFEST 85.44
11/26/2008 NOVEMBER 2008 CC-COUNCIL MTG FOOD 52.84
11/26/2008 NOVEMBER 2008 PRCS-PRESCHL SUPPLIES 82.34
208484 12/15/2008 005633 COSTUME GALLERY. 130.66
10/13/2008 1063014 PRCS-DANCE RECITAL COSTUMES- 130.66
208485 12/15/2008 004084 COUNTRY GREEN TURF FARMS. 906.58
10/28/2008 226057 PKM-SOD FOR LIP LINES AT CELEB 588.64
10/29/2008 226116 PKM-SOD FOR LIP LINES AT CELEB 317.94
208486 12/15/2008 010965 CRIST. SCOTT D 100.00
12/8/2008 DECEMBER 6. 2008 PRCS-JINGLE BELL BRUNCH SANTA 100.00
208487 12/15/2008 007552 D J IMPRINTS, 1.089.02
11/13/2008 0025021 PRCS-AG04-175:PRINTED CLOTHING 304.11
12/15/2008 00225318 PRCS-AG04-175:PRINTED CLOTHING 316.75
Bank of America Page 18 of 28
Check No. Date Vendor Inv Date Invoice Description Amount Check Total
10/5/2008 00224768 PRCS-AG04-175:PRINTED CLOTHING 261.60
11/13/2008 00225020 PRCS-AG04-175:PRINTED CLOTHING 130.26
11/13/2008 00225135 FWCC-TODDLER RABBIT SKINS 76.30
208488 12/15/2008 000854 D J TROPHY, 751.50
11/18/2008 00225174 PRCS-PEGGY LAPORTE AWARD 64.80
9/30/2008 00224778 PRCS-TROPHIES 686.70
208489 12/15/2008 006869 DAVIS DOOR SERVICE INC, 254.79
11/14/2008 128439 PKM-DOOR REPAIRS AT STEEL LAKE 254.79
208490 12/15/2008 005922 DEX MEDIA WEST, 280.95
11/21/2008 200565236 PKKFT-(11/08) DIRECTORY ADS- 280.95
208491 12/15/2008 008039 DMX MUSIC, 56.35
12/1/2008 a119653 MIS-12/08 DIGITAL MUSIC 56.35
208492 12/15/2008 005341 DODD, ESCOLASTICA ROSA 386.64
11/25/2008 11/25/08 MC-INTERPRETER SVCS 199.57
12/2/2008 12/02/08 MC-INTERPRETER SVCS 187.07
208493 12/15/2008 004444 ECOLlGHTS NORTHWEST, 350.00
11/17/2008 37802 SWR-RECYCLlNG SERVICES; FLORES 350.00
208494 12/15/2008 007283 EMERALD AIRE INC, 126.44
11/26/2008 12049 CHB-3RD aTR 2008 MAINT BILLING 126.44
208495 12/15/2008 007919 EMPIRE FACILITY SERVICES INC, 90.47
12/1/2008 14055 PD-REPAIR P. HALL'S CHAIR 90.47
208496 12/15/2008 006514 ENGINEERING BUSINESS, 149.07
11/12/2008 34803 20# BOND 24"X500' 62.70
11/12/2008 34803 SHIPPING CHARGES 10.90
11/12/2008 34803 20# BOND 36'X500' 75.47
208497 12/15/2008 001046 EaUIFAX CREDIT INFORMATION SVC, 65.01
11/25/2008 4091820 PD-(11/08) CREDIT REPORTS 65.01
208498 12/15/2008 000328 ERNIE'S FUEL STOPS (DBA), 9,042.32
11/30/2008 0298180 PD-11/16-11/30/08 FUEL FOR POL 6,762.82
11/30/2008 0298179 MSFL T-11/16-11/30/08 FUEL FOR 1,822.46
11/30/2008 0298180 PD-11/16-11/30/08 FUEL FOR POL 457.04
208499 12/15/2008 009046 F & M DEVELOPMENT, 3,787.50
12/8/2008 02-56451 REFUND CD-02-56451 DEPOSIT BALANCE RE 3,544.50
12/8/2008 02-56451 REFUND CD-02-56451 DEPOSIT BALANCE RE 243.00
208500 12/15/2008 008647 FASTENAL, 33.96
11/5/2008 WAFED106389 PKM-NUTS/BOL TS FOR CITY HALL 33.96
208501 12/15/2008 005820 FASTSIGNS, 3,213.60
11/19/2008 370-13582 PKM-"NOT AN ENTRANCE" SIGN/INV 74.12
11/19/2008 370-13587 PKM-"PUBLlC NOTICE" SIGNSIINV# 130.80
12/2/2008 370-13618 FWCC-BIGGEST LOSER BANNER 398.19
10/30/2008 370-13500 PKM-REPLACE SPORTS FIELD SIGNS 2,420.89
11/10/2008 370-13549 PKM-MISC PARK SIGNS/INV#370-13 189.60
208502 12/15/2008 000217 FEDERAL EXPRESS CORPORATION, 14.18
11/28/2008 8-997-75318 MSF-DOCUMENTS EXPRESS DELIVERY 8.97
11/28/2008 8-997-75318 IT-DELIVERY SERVICES 5.21
208503 12/15/2008 000229 FEDERAL WAY CHAMBER COMMERCE, 100.00
11/23/2008 8546 CM - NOVEMBER 2008 CHAMBER LUN 20.00
11/23/2008 8546 CC - NOVEMBER 2008 CHAMBER LUN 80.00
208504 12/15/2008 004690 FEDERAL WAY NUTRITION SERVICES, 157.30
11/30/2008 2359 PD-11/08 OFFICER LUNCHES 157.30
208505 12/15/2008 001183 FEDERAL WAY PUBLIC SCHOOLS, 951.40
11/20/2008 AR06339 PKM-811-9/30/08 HALF UTILITIES 951.40
208506 12/15/2008 001893 FEDERAL WAY SCHOOL DISTRICT, 3,024.54
12/4/2008 SIF-NOVEMBER 2008 MSF-(11/08) SCHL IMPACT FEESNE 6.54
12/4/2008 SIF-NOVEMBER 2008 MSF-(11/08) SCHL IMPACT FEESNE 3,018.00
208507 12/15/2008 011144 FEDERAL WAY VILLAGE, 13,281.50
12/8/2008 02-68640 REFUND CD-02-68640 REFUND DEPOSIT BAL 13,281.50
208508 12/15/2008 010534 FEESER, KATIE 100.00
12/8/2008 DECEMBER 6, 2008 PReS-JINGLE BELL BRUNCH FACE P 100.00
208509 12/15/2008 010093 FISHER, ERNEST 129.18
10/9/2008 E FISHER PKM-WORK BOOTS/ERNEST FISHER 129.18
208510 12/15/2008 002664 FLEX-PLAN SERVICES INC, 222.70
Bank of America Page 19 of 28
Check No. Date Vendor Inv Date Invoice Description Amount Check Total
11/30/2008 130102 MSHR-ll/08 FLEX PLAN ADM SVCS 222.70
208511 12/15/2008 008860 FOOD SERVICES OF AMERICA, 2,562.44
12/4/2008 9869841 DBC-CATERING SUPPLIES 819.61
11/19/2008 9833764 DBC-CATERING SUPPLIES 893.48
11/28/2008 9855714 DBC-CATERING SUPPLIES 849.35
208512 12/15/2008 011143 FRAINE, LEAH 69.49
12/8/2008 FRAINE 2008 PRCS-JINGLE BELL BRUNCH SUPPLI 69.49
208513 12/15/2008 009242 FSH COMMUNICATIONS LLC, 80.42
12/10/2008 000245802 MIS-(12/08) FSH PAYPHONE SVCS 80.42
208514 12/15/2008 004566 G&M HONEST PERFORMANCE, 30.86
12/4/2008 118817 MSFLT-VANILLA TREE 30.86
208515 12/15/2008 004578 GENE'S TOWING INC, 192.93
11/1/2008 340431 PD-TOWlNG SVCS 192.93
208516 12/15/2008 010940 GOODYEAR WHOLESALE TIRE CNTR, 1,343.37
11/13/2008 127400 PD-INVENTORY TIRES 261.08
11/19/2008 127581 PD-INVENTORY TIRES 1,082.29
208517 12/15/2008 009928 GORDON THOMAS HONEYWELL, 5,166.08
11/30/2008 Hl0012 AG#05-26 11/08 FEDERAL LOBBYIS -5,166.08
11/30/2008 Hl0012 AG#05-26 11/08 FEDERAL LOBBYIS 5,166.08
11/30/2008 Hl0012 AG#05-26 11/08 FEDERAL LOBBYIS 5,166.08
208518 12/15/2008 001992 GOSNEY MOTOR PARTS, 119.03
12/3/2008 409628 MSFL T-DE-ICER 119.03
208519 12/15/2008 010738 GREEN EFFECTS, INC, 1,423.66
11/25/2008 25314 PARK-AG08-067 LANDSCAPING MAIN 1,122.69
11/25/2008 25313 PARK-AG08-067 LANDSCAPING MAIN 300.97
208520 12/15/2008 003841 HEAD-QUARTERS PTS, 572.25
12/1/2008 20379 PARKS-AG06-052 PORTABLE TOILET 572.25
208521 12/15/2008 006521 HERTZ EQUIPMENT RENTAL CORP, 7,451.18
11/19/2008 23990901-001 PRCS-GENIE AWP30S-DC HI LIFT F 7,451.18
208522 12/15/2008 001487 HEWLETT-PACKARD COMPANY, 16,834.48
11/21/2008 45252194 RR - PH IV LAPTOPS (2)- 2,395.82
11/19/2008 45241373 RR - PH IV PCS' (9)- 8,093.25
11/19/2008 45241373 RR - PH IV LAPTOP CASES (2)- 26.16
11/19/2008 45241373 RR - PH IV MONITORS (10)- 2,180.00
11/24/2008 45260116 RR/IT - PH IV LAPTOP- 2,491.17
11/19/2008 45241373 RR - PH IV PW/EMME2 PC- 1,648.08
208523 12/15/2008 010092 HIGGINS, BRYAN 123.99
11/29/2008 B HIGGINS PKM-THREE PAIR WORK PANTS/HIGG 123.99
208524 12/15/2008 002477 HOME DEPOT-DEPT 32-2500780030, 246.40
11/28/2008 2176089 PARKS-WILDWOOD DRAINAGE REPAIR 246.40
208525 12/15/2008 003256 HURLEY ENGINEERING COMPANY, 293.80
12/18/2008 19409 DBC-AIR VENT 293.80
208526 12/15/2008 007109 INTERCOM LANGUAGE SVCS, 4,483.98
11/28/2008 08-435 MC-INTERPRETER SVC 863.50
11/20/2008 08-403 MC-INTERPRETER SVC 3,620.48
208527 12/15/2008 010737 INTERWEST DEVELOPMENT NW INC, 136.96
11/4/2008 55255 PKM-FINE SAND/INV#55255 136.96
208528 12/15/2008 003211 IRON MOUNTAIN/SAFESITE INC, 1,300.84
11/30/2008 NV49139 MSC-(11/08) RECORDS STORAGE SV 1,300.84
208529 12/15/2008 010605 JACOBSON, ELIZABETH 1,116.00
12/8/2008 NOVEMBER 2008 PRCS-BALLROOM DANCE CLASSES- 1.116.00
208530 12/15/2008 009964 JG MCDONALD AND ASSOCIATES, 417.30
11/30/2008 677 MSHR-WCIA REVIEW 417.30
208531 12/15/2008 000738 JOE'S FEDERAL WAY, 159.12
11/24/2008 129361 PKM-4 PR WORK PANTS/MOHAMED/IN 159.12
208532 12/15/2008 001647 KELLER SUPPLY COMPANY, 1,273.06
10/21/2008 S002673405.001 PKM-HOT & COLD HANDLE 1,273.06
208533 12/15/2008 004770 KENYON DISEND, PLLC, 3,825.86
11/30/2008 10795 LAW-AG 07-082 LEGAL SERVICES- 3,825.86
208534 12/15/2008 001259 KING COUNTY CRIME VICTIMS FUND, 3,161.13
12/8/2008 OCT 2008 MSF-REMIT LAW LIBRARY FEES 5.04
12/8/2008 OCT 2008 MSF-REMIT CRIME VICTIM FEES - 1,731.85
Bank of America Page 20 of 28
Check No. Date Vendor Inv Date Invoice Description Amount Check Total
12/5/2008 NOV 08 MSF-REMIT CRIME VICTIM FEES - 1,424.24
208535 12/15/2008 000125 KING COUNTY FINANCE DIVISION, 51,988.07
11/24/2008 1509203 PD-{10/08} KING CO JAIL- 51,630.91
11/6/2008 1508066 PKM-PAYGROUND DISPOAL FEES FRO 132.66
11/6/2008 1508066 PKM-PLAYGROUND DISPOSAL FROM W 42.86
11/6/2008 1508066 PKM-PLAYGROUND DISPOSAL FROM W 181.64
208536 12/15/2008 005568 KING COUNTY FLEET ADM DIVISION, 278.25
11/14/2008 204238 PWS- SNOW AND ICE-PKM MISC PAR 278.25
208537 12/15/2008 008328 KING COUNTY MENTAL HEALTH, 5,128.91
1 0/30/2008 7830170 CDHS KC LIQUOR EXCISE TAX 5,128.91
208538 12/15/2008 000564 KING COUNTY PET LICENSE, 512.00
12/8/2008 NOV 08 MSF-11108 REMIT KC PET FEES RE 140.00
12/8/2008 OCT 08 MSF-10/08 REMIT KC PET FEES RE 372.00
208539 12/15/2008 003898 KING COUNTY RADIO, 8,007.04
11/19/2008 2008-11-19 MSTEL-RADIO SERVICES - 7,951.40
10/24/2008 00416515 MSTEL-RADIO SERVICES - 55.64
208540 12/15/2008 000267 KING COUNTY SHERIFF'S OFFICE, 6,685.00
12/3/2008 08-388 PD-RAIN SHARED COST - 6,685.00
208541 12/15/2008 000201 KINKO'S INC, 343.62
11/24/2008 515100005004 CM-"WHAT'S HAPPENING" BROCHURE 220.73
11/26/2008 515100005009 CM-"WHAT'S HAPPENING" BROCHURE 18.23
11/18/2008 515100004982 MC-HEARING BY MAIL FORMS 104.66
208542 12/15/2008 002128 KLEINS COMMERCIAL DOOR SERVICE, 391.50
11/18/2008 2315 PARKS-4TH QTR SERVICE - DOORS 79.08
11/18/2008 2315 PARKS-4TH QTR SERVICE. DOORS 165.68
11/18/2008 2315 PARKS-4TH QTR SERVICE - DOORS 56.81
11/18/2008 2315 PARKS-4TH QTR SERVICE - DOORS 89.93
208543 12/15/2008 011150 KLINE, MYRON 1,632.00
11/24/2008 000-163 PD-"MUSIC ON HOLD" PRODUCTION 1,632.00
208544 12/15/2008 001456 KUSTOM SIGNALS INC, 144.97
11/18/2008 375721 PD-CS LASER DIAGNOSTIC FEE 144.97
208545 12/15/2008 000096 LAKEHAVEN UTILITY DISTRICT, 15,866.20
11/28/2008 3131501 PKM-10/23/08 UTILITIES 5.64
11/14/2008 2926402 PKM-9/30/08 UTILITIES 90.57
11/14/2008 2926501 PKM-9/30/08 UTILITIES 51.19
11/28/2008 1014202 PKM-10/23/08 UTILITIES 44.03
11/21/2008 2961501 PWST-10/13/08 UTILITIES 220.60
11/21/2008 3341801 PWST-10/15/08 UTILITIES 53.34
11/21/2008 3519201 PWST-10/15/08 UTILITIES 59.18
11/21/2008 3042401 PWST-10/10/08 UTILITIES 111.00
11/21/2008 3341901 PWST-10/13/08 UTILITIES 58.94
11/14/2008 2913103 CHB-9/29/08 UTILITIES 303.58
11/14/2008 3405101 CHB-9/29/08 UTILITIES 22.55
11/28/2008 1014202 PKM-10/23/08 UTILITIES 63.76
11/28/2008 2592802 PKM-10/22/08 UTILITIES 96.60
11/28/2008 2906301 PKM-10/23/08 UTILITIES 730.20
11/28/2008 3059601 PKM-10/21/08 UTILITIES 15.72
11/21/2008 2781401 PKM-1 0/1 0/08 UTILITIES 154.94
11/21/2008 2798301 PKM-10/1/08 UTILITIES 156.56
11/21/2008 2830801 PKM-10/8/08 UTILITIES 144.56
11/14/2008 2573402 PKM-9/30/08 UTILITIES 14.92
11/14/2008 3266301 PKM-9/30/08 UTILITIES 14.92
11/28/2008 2781501 PKM-10/24/08 UTILITIES 15.72
11/14/2008 99902 PKM-9/30/08 UTILITIES 42.92
11/14/2008 2926402 PKM-9/30/08 UTILITIES 113.40
11/14/2008 2926501 PKM-9/30/08 UTILITIES 95.80
11/14/2008 101103 PKM-9/30/08 UTILITIES 14.92
11/14/2008 3405101 CHB-9/29/08 UTILITIES 30.14
11/14/2008 2922203 CHB-9/29/08 UTILITIES 16.56
11/14/2008 2913103 CHB-9/29/08 UTILITIES 208.60
11/14/2008 2922503 CHB-9/29/08 UTILITIES 379.76
11/14/2008 1768602 CHB-8/1/08 UTILITIES 140.33
11/14/2008 1768602 CHB-8/1/08 UTILITIES 70.17
Bank of America Page 21 of 28
Check No. Date Vendor Inv Date Invoice Description Amount Check Total
11/14/2008 3075201 PKM-9/25/08 UTILITIES 496.32
11/14/2008 3075401 PKM-9/25/08 UTILITIES 112.60
11/14/2008 3075301 PKM-9/25/08 UTILITIES 82.20
11/14/2008 2957001 PKM-9/25/08 UTILITIES 14.92
11/14/2008 3050801 PKM-9/25/08 UTILITIES 3,113.64
11/14/2008 3461301 FWCC-9/30/08 UTILITIES 953.28
11/14/2008 3474201 FWCC-9/30/08 UTILITIES 1,873.14
11/14/2008 3474301 FWCC-9/30/08 UTILITIES 16.56
11/14/2008 3461301 FWCC-9/30/08 UTILITIES 5,043.84
11/14/2008 3499201 CHB-9/23/08 UTILITIES 256.32
11/14/2008 3075201 PKM-9/25/08 UTILITIES 213.20
11/14/2008 3075401 PKM-9/25/08 UTILITIES 128.30
11/14/2008 3075301 PKM-9/25/08 UTILITIES 20.76
208546 12/15/2008 007050 LAW OFFICES OF HAL GEIERSBACH, 26.986.00
12/1/2008 92 LAW-AG02-125B:12/08-PUBLlC DEF 26,986.00
208547 12/15/2008 004052 LEED, 1,224.99
11/15/2008 11150804 PD-INERT PROJECTILES (12)- 298.07
11/15/2008 11150811 PD-POLlCE WEAPONS:SWAT- 770.30
11/22/2008 11220807 PD-HOLSTER - HURST 156.62
208548 12/15/2008 005339 LOWE'S HIW INC, 1,496.79
11/26/2008 23007 PWST-FLASHLlGHTS FOR TRUCKS 65.20
11/19/2008 01395 PWST-LUMBER 13.58
12/1/2008 14264 FWCC-REPAIRlMAINT SUPPLIES 43.47
12/2/2008 14729 FWCC-MAINT/REPAIR SUPPLIES 9.03
11/18/2008 12591 DBC-RADIATOR HEATER, BASEBOARD 362.65
10/22/2008 2080 PKM-REBAR & TOP CHOICE KD 233.82
12/1/2008 14264 FWCC-REPAIRIMAINT SUPPLIES 6.53
11/17/2008 02403 PARKS-REBAR & TIE WIRE 150.29
11/25/8008 02365 PWST-D'MI HANGER 13.00
11/19/2008 02608 PWST-LUMBER, SKW HANGER, HURRI 126.28
12/3/2008 02175 PKM-CABLE TIES 64.17
11/5/2008 1884 PKM-DRIVE SOCKET 4.93
9/29/2008 14613 PKM-LANDSCAPE FABRIC 12.98
12/3/2008 01733 PD-CLOVES, HOOKS 17.06
9/3/2008 2128 PKM-CONCRETE MIX 173.96
11/26/2008 14875 PD-TV INSTALL PARTS SAFE CITY 62.13
7/24/2008 0205123 CREDIT FOR 7/08 RETURN PRODUCT -59.38
12/2/2008 14729 FWCC-MAINT/REPAIR SUPPLIES 118.16
12/1/2008 14264 FWCC-REPAIR/MAINT SUPPLIES 62.93
12/1/2008 14264 FWCC-REPAIR/MAINT SUPPLIES 10.82
12/2/2008 14729 FWCC-MAINT/REPAIR SUPPLIES 5.18
208549 12/15/2008 009851 MARTIN, CHRIS 945.00
12/8/2008 MARTIN 2008 PD-TUITION REIMB C. MARTIN 945.00
208550 12/15/2008 004182 MCDONOUGH & SONS INC, 2,470.42
12/5/2008 160604 PARKSAG06-027-PARKING LOT CLEA 59.45
11/20/2008 160549 PARKSAG06-027-PARKING LOT CLEA 1,662.26
12/5/2008 160604 PARKSAG06-027-PARKING LOT CLEA 110.18
12/5/2008 160604 PARKSAG06-027-PARKING LOT CLEA 161.84
12/5/2008 160604 PARKSAG06-027-PARKING LOT CLEA 429.92
12/5/2008 160604 PARKSAG06-027-PARKING LOT CLEA 46.77
208551 12/15/2008 006008 MCLOUGHLIN & EARDLEY CORP, 1,760.91
11/21/2008 0088468-IN PD-OSP ECON BAR 1,013.04
11/25/2008 0088593-IN PO-LED LINEAR LIGHTS 620.47
11/25/2008 0088597-IN PO-WALL TRUNK SETUP 127.40
208552 12/15/2008 005176 MERINO STRAWE, BETTY 156.44
11/25/2008 11/25/08 MC-INTERPRETER SVCS 156.44
208553 12/15/2008 009374 MERIT MECHANICAL, 25.00
12/2/2008 01-73750 REFUND MSF-BL OVERPAY RENEW FEE 25.00
208554 12/15/2008 004743 MESSINGER, KATHLEEN 130.00
12/9/2008 MESSINGER 2008 PW-SAFETY BOOTS - MESSINGER 130.00
208555 12/15/2008 006920 MGS ENGINEERING CONSUL TNTS INC, 750.00
12/3/2008 1 SWM-AG06-034 HYDROLOGICAL ANAL 750.00
208556 12/15/2008 010879 MINUTEMAN PRESS OF AUBURN, 33.16
Bank of America Page 22 of 28
Check No. Date Vendor Inv Date Invoice Description Amount Check Total
11/17/2008 6405 PKKFT-"I HATE HAMLET" POSTERS 33.16
208557 12/15/2008 003352 MOTOROLA INC, 3,533.11
11/21/2008 13707920 PD - PROP 1 MOTORCYCLE RADIO- 1,280.91
11/21/2008 13707920 PD - PROP 1 MOTORCYCLE RADIO- 369.64
11/21/2008 13707920 PD - PROP 1 MOTORCYCLE RADIO- 342.26
11/21/2008 13707920 PD - PROP 1 MOTORCYCLE RADIO- 1,283.48
11/21/2008 13707920 PD - PROP 1 MOTORCYCLE RADIO- 51.34
11/21/2008 13707920 PD - PROP 1 MOTORCYCLE RADIO- 61.61
11/21/2008 13707920 PD - PROP 1 MOTORCYCLE RADIO- 131.89
11/21/2008 13707920 PD - PROP 1 MOTORCYCLE RADIO- 11.98
208558 12/15/2008 001052 NAPA AUTO PARTS, 59.99
11/19/2008 004038 PKM-TRACTOR BLOWER MAINT 57.33
11/12/2008 003282 MSFL T-REPAIR SUPPLIES 2.66
208559 12/15/2008 005432 NEIFFER, GARY 196.19
12/8/2008 NEIFFER 2008 SWM-BOOT ALLOW. G NEIFFER 196.19
208560 12/15/2008 000043 NEW LUMBER & HARDWARE COMPANY, 350.93
12/3/2008 232555 FWCC-PVC SUPPLIES 17.66
11/24/2008 232301 PWST-RUST ENAMEUPROFORM 18.84
11/24/2008 232295 PWST-LUMBER 10.01
11/25/2008 232338 PWST-CUTTING PLlER 12.34
11/17/2008 232096 PWST-EXTENSION CORD 29.40
11/21/2008 232246 PWST-HARBER BLUE 11.41
12/3/2008 232555 FWCC-PVC SUPPLIES 26.91
11/26/2008 232376 PWSWM-BATTERIES SUPPLIES .19.37
11/5/2008 231744 PKM-M-E-K SUPPLIES 19.61
11/26/2008 232383 PWST-MISC SCREWS/BOLTS/CABLE T 13.84
11/19/2008 232155 PWST-SINKER 8.82
12/5/2008 232629 PWST-KEY TAGS/AIR ODOR MAGNET 7.97
11/19/2008 232178 PWSWM-TAPE MEASURE 8.82
11/6/2008 231761 PWSWM-PVC SLIP CAP 0.28
11/4/2008 231689 PWSWM-TAPE MEASURER 8.82
12/5/2008 232604 PWST-DRAIN COUPLING 5.14
11/27/2008 231409 PKM - WILDWOOD -WIRE BRUSH/EXT 12.04
11/20/2008 232198 PKM - WILDWOOD -LUMBER/STRIPE 111.65
11/20/2008 232198 PKM - WILDWOOD -LUMBER/STRIPE 8.00
208561 12/15/2008 000959 NORSTAR INDUSTRIES INC, 136.25
12/1/2008 42863 PWST-PLOW MARKER SET; INVOICE 136.25
208562 12/15/2008 001391 NORTH COAST ELECTRIC COMPANY, 84.90
11/21/2008 S2557655.001 PD-SLOT CHNG & SPRING NUT 60.43
11/7/2008 2103 PKM-ELECTRICAL BALLAST/INV@S25 24.47
208563 12/15/2008 003736 NORTHWEST TOWING INC, 289.40
11/22/2008 403634 PD-TOWlNG SVCS 289.40
208564 12/15/2008 003529 OCCUPATIONAL HEALTH SERVICES, 2,151.25
11/21/2008 308031-001 MSHR-FLU SHOTS 920.00
11/25/2008 308239-001 MSHR-HEP B VACCINE INJECTIONS 75.00
11/25/2008 308210-001 MSHR-HEP B VACCINE INJECTIONS 75.00
11/25/2008 308292-001 MSHR-HEP B VACCINE INJECTIONS 75.00
12/1/2008 308463-001 MSHR-HEP B VACCINE INJECTIONS 75.00
12/1/2008 308392-001 MSHR-HEP B VACCINE INJECTIONS 75.00
12/1/2008 308393-001 MSHR-HEP B TEST 40.00
12/1/2008 308394-001 MSHR-HEP B VACCINE INJECTIONS 75.00
11/24/2008 1844-148 PS-PRE-EMPL PHYICAL EXAM 140.00
11/21/2008 308031-001 MSHR-FLU SHOTS 601.25
208565 12/15/2008 002623 OFFICEMAX CREDIT PLAN, 104.58
12/6/2008 NOVEMBER 2008 PARK-DIGITAL RECORDER, EAR BUD 104.58
208566 12/15/2008 007444 ORCA PACIFIC INC, 1,083.10
11/25/2008 036872 FWCC-POOL MAl NT. SUPPLIES 504.71
11/20/2008 036815 FWCC-POOL MAINT SUPPLIES 578.39
208567 12/15/2008 000504 ORIENTAL GARDEN CENTER, 65.39
11/19/2008 29855 PKM-SPARK PLUGS FOR BLOWER 22.97
11/19/2008 29854 PWST-STIHL TRIMMER PARTS/MAl NT 42.42
208568 12/15/2008 005741 OUTCOMES BY LEVY, 4,629.96
11/30/2008 NOVEMBER 2008 AG03-191:(MTH04)LOBBYIST SVCS- 4,629.96
Bank of America Page 23 of 28
Check No. Date Vendor I nv Date Invoice Description Amount Check Total
208569 12/15/2008 000112 PACIFIC COAST FORD INC, 4,863.68
11/24/2008 FOCS157971 PD-LOFITUNE UP/ SHOCKSITIRE MO 194.01
11/24/2008 FOCS157971 PD-LOFITUNE UP/ SHOCKSITIRE MO 612.57
11/24/2008 FOCS157971 PD-LOFITUNE UP/ SHOCKSITIRE MO 43.38
11/13/2008 FOCS157685 PD-CK ENG LIGHT REPAIRS/SVC 343.09
11/13/2008 FOCS157796 PD-LOFITUNE UP/ SHOCKSITIRE MO 20.22
11/24/2008 FOCS157971 PD-LOFITUNE UP/ SHOCKSITIRE MO 34.78
12/2/2008 FOCS158307 PD-MOUNT & BALANCE VEHICLE REP 58.20
11/25/2008 FOCS158148 PD-BRAKES/ FIL TERS/LOF REPAIRI 0.03
11/1112008 FOCS157752 PD-LOF/BRAKES/ TIRES (4) REPAI 45.43
11/13/2008 300831 PD-WlPER BLADES REPAIRS/SVC 20.39
11/14/2008 FOCS157880 PD-RECOM MTNC REPAIR/SVC 171.12
11/17/2008 FOCS157932 PD-LOF/COOLlNG/ TRANS SVC/MOUN 126.44
12/3/2008 FOCS158326 PD-BRAKES REPAIRlSVC 593.45
11/25/2008 FOCS158148 PD-BRAKES/ FIL TERS/LOF REPAIRI 18.70
12/2/2008 FOCS158292 PD-BATTERY REPAIR/SVC 160.79
12/2/2008 FOCS158297 PD-LOF/BRAKES REPAIR/SVC 46.49
12/2/2008 FOCS158298 PD-TIRE REPAIR/SVC 23.99
11/17/2008 FOCS157932 PD-LOF/COOLlNG/ TRANS SVC/MOUN 84.62
11/25/2008 FOCS158073 PD-TIRE REPAIR/SVC 20.22
12/2/2008 FOCS158295 PD-LOF REPAIR/SVC 39.95
12/2/2008 FOCS158297 PD-LOF/BRAKES REPAIR/SVC 98.10
12/2/2008 FOCS158297 PD-LOF/BRAKES REPAIR/SVC 103.32
11/25/2008 FOCS158144 PD-LOF REPAIR/SVC 39.95
11/25/2008 FOCS158145 PD-TIRE REPAIRlSVC 20.22
11/25/2008 FOCS158148 PD-BRAKES/ FIL TERS/LOF REPAIRI 174.76
11/25/2008 FOCS158082 PD-REPL TURN SIGNAL BULB REPAI 1.83
11/25/2008 FOCS158109 PD-TIRE REPAIR/SVC 20.22
11/25/2008 FOCS158143 PD-BATTERY REPAIR/SVC 115.05
11/11/2008 FOCS157757 PD-CHRG SYST CHECK REPAIRlSVC 38.54
11/17/2008 FOCS157932 PD-LOF/COOLlNG/ TRANS SVC/MOUN 47.36
11/19/2008 FOCS157989 PD-LOF REPAIR/SVC 39.88
11/25/2008 FOCS158148 PD-BRAKES/ FIL TERS/LOF REPAIR/ 61.04
12/3/2008 FOCS158333 PD-BLlNKER REPAIR/SVC 17.47
11/11/2008 FOCS157752 PD-LOF/BRAKES/ TIRES (4) REPAI 511.06
12/3/2008 FOCS158335 PD-PARKING BRAKE INSP. REPAIRI 38.54
11/25/2008 FOCS158005 PD-TIRE REPAIR/SVC 20.22
11/25/2008 FOCS158148 PD-BRAKES/ FIL TERS/LOF REPAIR/ 315.27
11/14/2008 FOCS157882 PD-AIR BAG LIGHT REPAIR/SVC 78.85
11/24/2008 FOCS158119 PD-ADJ DOOR WEATHER STRIPPING 38.54
11/26/2008 FOCS158184 PD-TIRE REPAIR/SVC 20.22
11/14/2008 FOCS157880 PD-RECOM MTNC REPAIR/SVC 18.70
11/14/2008 FOCS157880 PD-RECOM MTNC REPAIR/SVC 53.41
11/14/2008 FOCS157881 PD-LOF REPAIR/SVC 39.95
11/13/2008 FOCS157850 PD-REPLACED TIRE REPAIR/SVC 20.20
11/13/2008 FOCS157850 PD-REPLACED TIRE REPAIR/SVC 0.02
12/1/2008 FOCS158264 PD-MOUNT & BALANCE REPAIR/SVC 76.28
11/11/2008 FOCS157752 PD-LOF/BRAKES/ TIRES (4) REPAI 47.74
11/18/2008 FOCS157965 PD-MOUNT TIRES REPAIR/SVC 62.73
11/26/2008 FOCS158021 MSFLT-LOF/REPL FRONT L1C BRACK 86.34
208570 12/15/2008 006440 PAPE MACHINERY INC. 1,015.11
11/18/2008 2315771 MSFL T-FUEL SENDER LEAK- 1.015.11
208571 12/15/2008 010708 PARTNERS IN DESIGN. 305.20
11/5/2008 4906-8569 PKM-SIGNAGE FOR HYLEBOS 305.20
208572 12/15/2008 010613 PETEK. PHD. THOMAS C 600.00
11/30/2008 7486 PD-PRE-EMPLY. EVALUATION 600.00
208573 12/15/2008 002557 PETTY CASH FUND-PARKS MAl NT. 294.68
12/5/2008 PKM 12/5/08 PKM-PETTY CASH REIMBURSEMENT-U 97.91
12/5/2008 PKM 12/5/08 PKM-PETTY CASH REIMBURSEMENT/U 81.73
12/5/2008 PKM 12/5/08 PKM-PETTY CASH REIMBURSEMENT/P 60.00
12/5/2008 PKM 12/5/08 PKM-PETTY CASH REIMBURSEMENT F 28.95
12/5/2008 PKM 12/5/08 PKM-PETTY CASH-SNOWIICE SCRAPE 26.09
208574 12/15/2008 006241 PETTY CASH-POLICE DEPT. 585.23
12/3/2008 PD 12/3/08 PD-MINI DVDS FOR INSTRUCTOR- 10.89
Bank of America Page 24 of 28
Check No. Date Vendor Inv Date Invoice Description Amount Check Total
12/3/2008 PD 12/3/08 PD-LUNCH MEETING WlTH- 21.91
12/3/2008 PD 12/3/08 PD-SUPPLlES FOR REPAIR- 13.46
12/3/2008 PD 12/3/08 PD-DUPLlCATE KEYS FOR- 54.30
12/3/2008 PD 12/3/08 PD-2008 UNIFORM SHOE- 100.00
12/3/2008 PD 12/3/08 PD-2008 UNIFORM SHOE- 100.00
12/3/2008 PD 12/3/08 PD-COFFEE & FOOD FOR- 40.03
12/3/2008 PD 12/3/08 PD-COFFEE:VOLUNTEER- 63.93
12/3/2008 P D 12/3/08 PD-COFFEE FOR- 59.70
12/3/2008 PD 12/3/08 PD-2008 CIS CLOTHING ALLOWANCE 96.73
12/3/2008 PD 1213/08 PD-POUCH FOR NIGHT VISION- 24.28
208575 12/15/2008 007059 PHELPSTIRE CO, 32.64
11/28/2008 797966 MSFLT-TIRE REPAIR 32.64
208576 12/15/2008 005977 PHS I PURE WATER FINANCE, 1,177.20
11/25/2008 0000142083 PD-PURE WATER SYSTEM SVC 1,177.20
208577 12/15/2008 000808 PLATT ELECTRIC SUPPLY, 93.51
11/4/2008 5276482 DBC/KFT-L1GHTING SUPPLIES 7.57
11/20/2008 5322739 FWCC-ELECTRICAL SUPPLIES 78.36
11/4/2008 5276482 DBC/KFT-L1GHTING SUPPLIES 7.58
208578 12/15/2008 005583 PRAXAIR DISTRIBUTION INC, 42.03
11/20/2008 31432515 PKM-WELDING SUPPLlES/INV#31432 15.12
11/7/2008 31355540 PKM-WELDING SUPPLIES 26.91
208579 12/15/2008 000202 QWEST, 2,599.87
12/4/2008 206-Z04-0609472B MSTEL-(12/08) PHONEIDATA SVC- 126.26
11/29/2008 253-874-0644740b MC-(12/08) FAX MCHN CHRGS 48.67
12/4/2008 253 835-0579 886R MC-(12/08) FAX MCHN CHRGS 25.97
12/4/2008 206-Z04-0609 472B MSTEL-(12/08) PHONE/DATA SVC- 1,262.62
12/4/2008 206-Z04-0609 472B MSTEL-(12/08) PHONE/DATA SVC- 1,136.35
208580 12/15/2008 010844 QWEST COMMUNICATIONS, 150.00
12/9/2008 211830 PD-#08-13413 WARRANT QWEST SEC 150.00
208581 12/15/2008 010187 RASOR, EVA EDLA 111.00
12/2/2008 NOVEMBER 2008 FWCC-AG07-095 EXERCISE TRAININ 111.00
208582 12/15/2008 008671 REARDON, TARRA 213.56
11/24/2008 T REARDON PRCS-GROCERY OUTLET FOR SPECIA 32.57
11/24/2008 T REARDON PRCS-FRED MEYER SPECIAL EVENT 7.47
11/24/2008 T REARDON PRCS-TARGET SPECIAL EVENT SUPP 173.52
208583 12/15/2008 011015 RED WING SHOES, 245.22
11/25/2008 00887000443 CD-SAFETY BOOTS - SCHREFFLER 127.51
11/25/2008 00887000444 CD-SAFETY BOOTS - FERNANDEZ 117.71
208584 12/15/2008 010623 ROGERS, RUTH 1,000.00
12/5/2008 DECEMBER 5, 2008 A MC-CONSUL TING SVCS 600.00
12/5/2008 DECEMBER 5, 2008 MC-CONSUL TING SVCS 400.00
208585 12/15/2008 006657 S C I INFRASTRUCTURE LLC, 328,753.85
12/12/2008 AG07-065 #19 PWST-AG07-065 PAC HWY S HOV PH 328,753.85
208586 12/15/2008 006657 S C I INFRASTRUCTURE LLC, 1,459.80
12/8/2008 01-66990 PW-SECURITY DEPOSIT 750.00
12/8/2008 01-66990 PW-LAST MONTH REFUND OF 26 DAY 709.80
208587 12/15/2008 002807 SADRI, MEHDI 132.21
12/10/2008 SADRI 2008 MIS-ACCIS MTG M. SADRI 132.21
208588 12/15/2008 005508 SAFAROVA-DOWNEY, ALMIRA 253.82
12/2/2008 12/02/08 MC-INTERPRETER SVCS 126.91
11/25/2008 11/25/08 MC-INTERPRETER SVCS 126.91
208589 12/15/2008 011146 SAGHALlE FIRS LLC, 2,711.00
12/8/2008 02-61874 REFUND CD-02-61874 DEPOSIT BAL. REFUN 1,963.00
12/8/2008 02-61874 REFUND CD-02-57949 DEPOSIT BAL. REFUN 181.00
12/8/2008 02-61874 REFUND CD-SAGHALlE FIRS DEPOSIT BAL. 567.00
208590 12/15/2008 010523 SBS OF AMERICA, 6,363.98
12/1/2008 21795 PS-AG07-194 JANITORIAL SVC- 60.00
12/1/2008 21794 PKM-AG07-194 JANITORIAL SVC- 620.00
12/1/2008 21793 CHB-AG07-194 JANITORIAL SVC- 5,683.98
208591 12/15/2008 000055 SEATTLE TIMES, 1,300.00
11/13/2008 1534234001 MSHR-11/13/08 EMPLOY. AD WEB 275.00
11/14/2008 1535123001 MSHR-11/13/08 EMPLOY. AD WEB 275.00
Bank of America Page 25 of 28
Check No. Date Vendor Inv Date Invoice Description Amount Check Total
11/16/2008 1536170001 MSHR-11/13/08 EMPLOY. AD 750.00
208592 12/15/2008 010711 SIVER, CATRIONA 150.00
12/10/2008 SIVER 2008 PD-BKGRND INVEST. TRIP SIVER 150.00
208593 12/15/2008 004963 SOUND PUBLISHING INC, 2,575.15
11/5/2008 138089 CD-11/5/08 LEGAL NOTICES 98.06
11/12/2008 146440 CD-11/12/08 LEGAL NOTICES 98.06
11/15/2008 148297 CD-11/15/08 LEGAL NOTICES 129.78
11/1/2008 136577 CD-11/1/08 LEGAL NOTICES 158.62
11/8/2008 139792 CD-11/8/08 LEGAL NOTICES 203.32
10/25/2008 133365 CD-10/25/08 LEGAL NOTICES 108.15
10/25/2008 133366 CD-10/25/08 LEGAL NOTICES 112.48
11/8/2008 139789 CD-11/8/08 LEGAL NOTICES 206.21
11/22/2008 150798 CD-11/22/08 LEGAL NOTICES 145.64
11/26/2008 151397 CD-11/26/08 LEGAL NOTICES 152.85
11/29/2008 153111 CD-11/29/08 LEGAL NOTICES 134.11
11/29/2008 153149 CD-11/29/08 LEGAL NOTICES 142.76
11/8/2008 139791 MSC-FWM 1466 ORDINANCE NOTICE 56.24
1 0/25/2008 132836 MSC-IMPACT FEE AUDIT NOTICE 189.60
10/25/2008 133030 MSC-DIVERSITY COMM NOTICE 158.00
10/25/2008 133362 MSC-PRELlM BUDGET NOTICE 36.05
10/25/2008 133364 MSC-FWM 1460 ORDINANCE NOTICE 76.43
12/9/2008 150796 MSC-FWM1474 ORDINANCE NOTICE 49.03
11/15/2008 146496 MSC-ARTS COMM. NOTICE 94.80
11/12/2008 139796B SWR-SOLlD WASTE RATE CHANGE NO 112.48
11/8/2008 139796A SWR-SOLlD WASTE RATE CHANGE NO 112.48
208594 12/15/2008 007120 ST JOSEPH'S MEDICAL CENTER, 150.00
12/5/2008 28377 DBC-DAMAGE DEPOSIT REFUND 150.00
208595 12/15/2008 008664 STEADFAST PROPERTIES, 3,986.00
12/8/2008 02-53921 REFIMD CD-02-53921 TARGET DEPOSIT BAL 3,947.50
12/8/2008 02-57945 REFUND CD-02-57945 CENTURY THEATRE DE 403.00
12/8/2008 02-57945 REFUND CD-02-57945 CENTURY THEATRE DE -364.50
208596 12/15/2008 005616 STUDIO EAST, 1,400.00
11/24/2008 2564 PKKFT-PINOCCHIO PRODUCTION FEE 1,400.00
208597 12/15/2008 000308 SUBURBAN CITIES ASSOCIATION, 172.00
11/21/2008 1346 SCA 9/17/08 & 11/19/08 NETWORK 172.00
208598 12/15/2008 005738 SUNBIRDS SHOPPING CENTER, 194.14
12/1/2008 016931 PWST-CLOTHING AND FOOTWEAR; TR 129.42
12/1/2008 016931 PWST-CLOTHING AND FOOTWEAR; TR 64.72
208599 12/15/2008 007710 SUPERIOR LINEN SERVICE, 124.01
11/24/2008 13114 DBC-L1NEN SERVICE 30.65
12/1/2008 15235 DBC-L1NEN SERVICE 31.93
12/1/2008 S14657 DBC-L1NEN SERVICE 61.43
208600 12/15/2008 010022 TACOMA GENERAL ALLENMORE, 5,949.30
10/13/2008 PT. #535627446 PD-09/08 PRISION MED TREAT 5,949.30
208601 12/15/2008 000588 TACOMA PUBLIC UTILITIES, 590.34
11/21/2008 100048250 PKDBC/KFT-11/08 PUBLIC UTlLlTI 149.56
11/13/2008 100529210 PARKS-11/08 5039 DASH PT WATER 141.61
11/21/2008 100048250 PKDBC/KFT-11/08 PUBLIC UTlLlTI 299.17
208602 12/15/2008 002176 TACOMA SCREW PRODUCTS INC, 244.23
11/26/2008 10758127 PWST-STEEL CARRIAGE VOL TIWASHE 244.23
208603 12/15/2008 011017 TEACHER DIRECT. 375.89
10/15/2008 P43072890002 PRCS-PRESCHOOL SUPPLIES 375.89
208604 12/15/2008 006033 THE FAB SHOP LLC, 326.40
11/17/2008 13909 MSFL T-REPLC TRAILER TONGUE 326.40
208605 12/15/2008 009852 THERMO KING NORTHWEST INC, 144.93
11/17/2008 0094102-600 MSFLT-POWERVOLT REPLC 144.93
208606 12/15/2008 009280 THUNDERING OAK ENTERPRISES INC. 923.80
11/17/2008 2497 PKM-REMOVAL OF DEAD FIR TREE@3 400.60
11/20/2008 2508 PKM-TREE REMOVAL AT HYLEBOS 523.20
208607 12/15/2008 009560 TIGER OAK PUBLICATIONS INC, 2,650.00
9/22/2008 2008-17632 CM/ED-10/08 ADVERTISING IN SEA 2,650.00
208608 12/15/2008 004218 TIMCO INC, 83.54
Bank of America Page 26 of 28
Check No. Date Vendor Inv Date Invoice Description Amount Check Total
11/25/2008 180737 PWST-CAM POLY & BUSHINGS 65.01
11/24/2008 160707 PWST-CAM POLY & BUSHINGS 13.27
12/1/2008 160645 PWST-CAM POLY & BUSHINGS 5.26
208609 12/15/2008 007381 TOM MATSON DODGE, 61.83
12/2/2008 DOCS305203 PD-OLF,TIRE ROTATE 61.83
208610 12/15/2006 010491 TRANE, 622.50
11/17/2008 81356460 FWCC-REPAIR & REPLACE BREAKERS 622.50
206611 12/15/2008 008902 TRI-CITY MEATS, 1,239.26
11/19/2006 220354 PRCS-OVERNIGHTERS SUPPLIES 18.90
11/19/2008 220353 PRCS-COOKING CLASS SUPPLIES 22.83
11/19/2006 220352 MC-JUDICIAL CONF. REGISTER LAR 263.75
12/5/2008 200737 MC-JUDICIAL CONF. REGISTER LAR 605.76
11/26/2008 220561 MC-JUDICIAL CONF. REGISTER LAR 308.04
208612 12/15/2008 008074 TRUGREEN LANDCARE LLC, 1,119.10
11/30/2008 6346876 DBC-AG04-152-11/08 LANDSCAPING 1,119.10
208613 12/15/2006 000616 UAP DISTRIBUTION INC, 2,049.20
10/23/2008 S009189168.001 PKM-WlNTER FERTILlZERIINV#SOOl 2,049.20
208614 12/15/2008 002426 UNITED GROCERS CASH & CARRY, 666.81
12/2/2008 120477 DBC-CATERING SUPPLIES 164.56
12/3/2008 120740 DBC-CATERING SUPPLIES 149.41
12/5/2006 121240 DBC-CATERING SUPPLIES 7.35
11/17/2006 116690 DBC-CATERING SUPPLIES 36.42
11/22/2008 117959 DBC-CATERING SUPPLIES 36.37
11/19/2008 117190 DBC-CATERING SUPPLIES 115.15
11/20/2006 117440 DBC-CATERING SUPPLIES 70.57
11/21/2008 117674 DBC-CATERING SUPPLIES 49.53
11/25/2008 119032 PRCS-BOWLING PROGRAM SUPPLIES 27.00
11/25/2008 119032 PRCS-BOWLING PROGRAM SUPPLIES 12.43
208615 12/15/2008 005019 UNITED RENTALS NORTHWEST INC, 18.40
11/14/2008 78056029-001 SWM-PROPANE 18.40
208616 12/15/2008 005715 USA MOBILITY WIRELESS, 50.99
12/2/2008 R6163838L MSTEL-12/08 PAGER LEASE- 26.52
12/2/2008 R6163838L MSTEL-12/08 PAGER LEASE- 24.47
208617 12/15/2008 001605 VADIS NORTHWEST, 4,166.00
11/30/2006 16249 SWR-AG07-01611/08 LITTER CONT 124.98
11/30/2008 16249 SWR-AG07-01611/06 LITTER CONT 4,041.02
206616 12/15/2006 004663 VALLEY CONSTRUCTION SUPPLY INC, 853.61
9/11/2006 309819 SWM-REBAR LESS 10% DISCOUNT- 853.61
208619 12/15/2006 001124 VERIZON WIRELESS, 65.61
11/13/2008 0708490625 PD-BAIT CAR WIRELESS 65.61
208620 12/15/2006 007713 VERNON PUBLICATIONS LLC, 30.00
11/26/2006 I B00345 CM/ED - ADVERTISING IN SEATTLE 30.00
206621 12/15/2006 006857 VP CONSULTING INC, 2,700.00
1 0/22/2006 L1C(5) LASERFICHE FULL FEATURE L1CENS 450.00
1 0/22/2008 L1C(5) LASERFICHE FULL FEATURE L1CENS 2,250.00
208622 12/15/2006 009277 WA STATE DEPT OF AGRICULTURE, 33.00
12/2/2008 56163 PWST-09 P FOSTER PESTICIDE L1C 33.00
206623 12/15/2006 004258 WA STATE DEPT OF LICENSING, 1,104.00
11/20/2008 NOV 2006 PD-(11/08) REMIT CPL FEES- 1,104.00
206624 12/15/2006 003825 WA STATE DEPT OF TRANSPORTATN, 9,120.32
11/12/2008 RE 41 JA6248 L011 PWTR-AG07-177 CITY CNTR ACCESS 8,631.82
11/20/2008 RE *GS JK616201005 PWTR-AG07-177 CITY CNTR ACCESS 488.50
208625 12/15/2006 000340 WA STATE INFORMATION SERVICES, 1,080.26
11/30/2006 2006110186 MSTEL-(MTH05) SCAN SERVICE 437.26
12/2/2008 2008110186 PD - ACROBAT 9.0 SOFTWARE- 205.75
11/30/2006 2008110186 MSTEL-(MTH05) SCAN SERVICE 52.47
11/30/2006 2008110186 MSTEL-(MTH05) SCAN SERVICE 384.78
208626 12/15/2006 000061 WASTATE REVENUE DEPARTMENT, 27,696.17
12/6/2006 601-223-5385 MSF-11/08-REMIT SALES TAX DBC 2.818.32
12/6/2008 601-223-5365 MSF-11/06-REMIT EXC TAX (ROUND -0.03
12/8/2006 601-223-5385 MSF-11/06 REMIT SALES TAX FWCC 1,071.11
12/8/2008 601-223-5385 MSF-11/0808-REMIT SALES TAX 1,640.36
Bank of America Page 27 of 28
Check No. Date Vendor Inv Date Invoice Description Amount Check Total
12/8/2008 601-223-5385 MSF-11/08-REMIT SVC TP\XJPW STO 13,380.03
12/8/2008 601-223-5385 MSF-11108-REMIT USE TAX- 1,325.32
12/8/2008 601-223-5385 MSF-11/08-REMIT SALES TAX 16.91
12/8/2008 601-223-5385 MSF-11/08-REMIT SALES TAX DBC 5,788.01
12/8/2008 601-223-5385 MSF-11/08-REMIT SALES TAX DBC -2,818.32
12/8/2008 601-223-5385 MSF-11/08-REMIT SALES TAX-FWCC 4,476.46
208627 12/15/2008 000514 WA STATE-STATE REVENUES, 208,247.68
12/5/2008 NOV 08 MSF-SBCC SURCHARGE FEES 135.00
12/8/2008 OCT 08 MSF-SBCC SURCHARGE FEES 207.00
12/5/2008 NOV 08 MSF-STATE PORTION REMIT FEES C 42,828.61
12/8/2008 OCT 08 MSF-STATE PORTION REMIT FEES C 52,281.93
12/5/2008 NOV 08 MSF-BRAIN TRAUMA INJ 1,095.59
12/8/2008 OCT 08 MSF-BRAIN TRAUMA INJ 1,467.72
12/5/2008 NOV 08 MSF-AUTO THEFT PREVo 6,963.01
12/8/2008 OCT 08 MSF-AUTO THEFT PREVo 9,393.87
12/8/2008 OCT 08 MSF-PSEA JIS FEES 18,609.02
12/5/2008 NOV 08 MSF-PSEA JIS FEES 14,545.00
12/5/2008 NOV 08 MSF-SCHOOL ZONE SAFETY 646.42
12/8/2008 OCT 08 MSF-SCHOOL ZONE SAFETY 426.86
12/5/2008 NOV 08 MSF-TRAUMA VICTIMS FEES 3,971.08
12/8/2008 OCT 08 MSF-TRAUMA VICTIMS FEES 5,141.31
12/8/2008 OCT 08 MSF-PSEA COURT FEES #2 27,581.10
12/5/2008 NOV 08 MSF-PSEA COURT FEES #2 22,490.09
12/5/2008 NOV 08 MSF-PSEA COURT FEES #3 240.11
12/8/2008 OCT 08 MSF-PSEA COURT FEES #3 223.96
208628 12/15/2008 006007 WALKER ACE HARDWARE, 26.07
11/17/2008 004188 PKSTLK-GRAFFITI SUPPLIES 26.07
208629 12/15/2008 000343 WASHDUP, LLC, 503.82
11/30/2008 39 PD-11108-CAR WASH SERVICE 503.82
208630 12/15/2008 000783 WASTE MANAGEMENT, 388.57
12/1/2008 0833419-1 055-8 SWR-11/08 LITTER DISPOSAL SVCS 388.57
208631 12/15/2008 003444 WEST CAMPUS CLEANERS, 928.33
11/30/2008 NOVEMBER 2008 PD-AG07-135 DRY CLEANING SVCS- 928.33
208632 12/15/2008 000173 WEST PAYMENT CENTER, 89.38
10/20/2008 6054918000 MC-WA COURT RULES LOCAL PAM 89.38
208633 12/15/2008 010057 WHISTLE WORKWEAR, 1,111.23
11/28/2008 52338 PKM-WORK ATTIRE (2) PR BOOTS, 905.64
11/30/2008 52337 PKM-WORK PANTS/BIBS/GEHRING/IN 205.59
208634 12/15/2008 010057 WHISTLE WORKWEAR, 215.39
11/28/2008 8137 PKM-JACKET & 2 PC RAINGEAR/DAL 215.39
208635 12/15/2008 002087 WHITMAN GLOBAL CARPET CARE, 1,489.00
11/30/2008 37310 CHB-CARPET CLEANING SVC 1,489.00
208636 12/15/2008 005680 WILD WEST INTERNATIONAL LLC, 26.11
11/30/2008 5393 PD-11/08 FIRING RANGE FEE SVCS 26.11
208637 12/15/2008 000660 WOODWORTH & COMPANY INC, 1,418.66
11/18/2008 188000 PWST-ASPHAL T 1,418.66
1108379312/12/2008 009467 US BANK, 9,833.48
11/25/2008 NOVEMBER 2008 PD-BOMB VAN ADD ONS 149.99
11/25/2008 NOVEMBER 2008 PD-BOMB VAN ADD ONS 398.21
11/25/2008 NOVEMBER 2008 PD-HITCH WELDING, OTHER ADD ON 459.67
11/25/2008 NOVEMBER 2008 PD-BOMB VAN ADD ONS 980.93
11/25/2008 NOVEMBER 2008 PD-PIPE TUBING, OTHER ADD ONS 461.42
11/25/2008 NOVEMBER 2008 PD-BOMB VAN ADD ONS 326.99
11/25/2008 NOVEMBER 2008 PD-GEARTRACK CHANNEL 97.63
11/25/2008 NOVEMBER 2008 PD-BOMB VAN ADD ONS 309.43
11/25/2008 NOVEMBER 2008 PD-BOMB VAN ADD ONS 199.77
11/25/2008 NOVEMBER 2008 PD-RHINO LININGS 2,169.10
11/25/2008 NOVEMBER 2008 PD-BATTERY CHARGERS 37.04
11/25/2008 NOVEMBER 2008 PD-BOMB VAN ADD ONS 481.69
11/25/2008 NOVEMBER 2008 PO-BOMB VAN ADD ONS 183.00
11/25/2008 NOVEMBER 2008 PD-BOMB VAN ADD ONS 15.58
11/25/2008 NOVEMBER 2008 PD-BOMB VAN ADD ONS 154.18
11/25/2008 NOVEMBER 2008 PD-IABTI DUES S NEAL 50.00
Bank of America Page 28 of 28
Check No. Date Vendor Inv Date Invoice Description Amount Check Total
11/25/2008 NOVEMBER 2008 PD-IABTI DUES S BLALOCK 50.00
11/25/2008 NOVEMBER 2008 PD-MGMT SCHL - ECKERT RIGHTS 198.00
11/25/2008 NOVEMBER 2008 PO-PARKING BLOCKS 504.15
11/25/2008 NOVEMBER 2008 PO-WAS PC CONF. B WILSON 78.71
11/25/2008 NOVEMBER 2008 PO-FLASHLIGHT HOLDERS 454.65
11/25/2008 NOVEMBER 2008 PD-VISORS- CREDIT FROM REAL TRU -39.95
11/25/2008 NOVEMBER 2008 PO-IN CUSTODY DEATH CONF. KIM -73.03
11/25/2008 NOVEMBER 2008 PO-TRAFFIC CRASH SMNR SWANSON 12.37
11/25/2008 NOVEMBER 2008 PO-TRAFFIC CRASH SMNR SWANSON 30.33
11/25/2008 NOVEMBER 2008 PD-PIO MEDIA RELATIONS R BUNK 345.99
11/25/2008 NOVEMBER 2008 PD-BKGRND INVEST. MODESTO CA E 769.22
11/25/2008 NOVEMBER 2008 PD-BADGING CAMERA AC ADAPTER 44.13
11/25/2008 NOVEMBER 2008 PD-WSATI CONF ONLINE RES. CHG 20.00
11/25/2008 NOVEMBER 2008 PD-MGMT SCHL - TUDOR RIGHTS 0 198.00
11/25/2008 NOVEMBER 2008 PO-MOTOR BOOTS - BRANCO 225.95
11/25/2008 NOVEMBER 2008 PO-SPOT LIGHT BULBS 30.48
11/25/2008 NOVEMBER 2008 PO-TRAUMA BAGS 160.35
11/25/2008 NOVEMBER 2008 PO-TRAUMA BAGS 89.99
11/25/2008 NOVEMBER 2008 PD-SELF-ADHESIVE BANDAGES 68.92
11/25/2008 NOVEMBER 2008 PO-LATEX FREE GLOVES 59.94
11/25/2008 NOVEMBER 2008 PO-STINGER LIGHT BULBS 33.15
11/25/2008 NOVEMBER 2008 PD-CALEA STANDARDS BOOKS 97.50
1108475912/8/2008 009507 US BANK, 4,322.00
11/25/2008 NOVEMBER 2008 PWST-STAFF OPEN HOUSE DINNER 293.82
11/25/2008 NOVEMBER 2008 FWCC-FITNESS CLASS LICENSE FEE 630.00
11/25/2008 NOVEMBER 2008 PWST-SR 99 HOV PH IV OPEN HOUS 50.65
11/25/2008 NOVEMBER 2008 PRCS-F-DUB, ALL NIGHTER SUPPLI 135.94
11/25/2008 NOVEMBER 2008 MC-LANGUAGE LINE USAGE 11/08 19.75
11/25/2008 NOVEMBER 2008 MSC-COUNCIL MTG FOOD 97.16
11/25/2008 NOVEMBER 2008 SWM-URBAN SWM NATL ACADEMIES P 54.00
11/25/2008 NOVEMBER 2008 PW-STAKEHOLDERS MTG LUNCH 160.00
11/25/2008 NOVEMBER 2008 SWM-CPESC DUES ROBINETT 85.00
11/25/2008 NOVEMBER 2008 SWM-IRCA DUES - M BREWER 85.00
11/25/2008 NOVEMBER 2008 FWCC-TELEVISION CABLE 18.52
11/25/2008 NOVEMBER 2008 PWST-INVASIVE PLANT MGMT TRNG 35.00
11/25/2008 NOVEMBER 2008 PRCS-AQUARIUM SNR TRIP 25.00
11/25/2008 NOVEMBER 2008 MIS-QUIET KEYBOARD FOR CHAMBER 32.69
11/25/2008 NOVEMBER 2008 PRCS-PIKE PLACE MARKET TRIP 3.00
11/25/2008 NOVEMBER 2008 PRCS-AQUARIUM SNR TRIP 5.00
11/25/2008 NOVEMBER 2008 PW-NWPMA CONF. J HUYNH 369.66
11/25/2008 NOVEMBER 2008 PRCS-MT RAINIER RR TRIP 546.70
11/25/2008 NOVEMBER 2008 PRCS-BRUNCH & MOVIE TICKETS 97.50
11/25/2008 NOVEMBER 2008 PRCS-DINNER & MOVIE TICKETS 224.25
11/25/2008 NOVEMBER 2008 PRCS-GLASS MUSEUM SNR TRIP 23.07
11/25/2008 NOVEMBER 2008 CM-ONLlNE ARCHIVES SVCS 9.95
11/25/2006 NOVEMBER 2008 MC-NEWCOURT EMPLOYEE TRNG 305.40
11/25/2008 NOVEMBER 2008 FWCC-RESALE ITEMS 52.32
11/25/2008 NOVEMBER 2008 PRCS-CONTRACT FOR SVCS ARTS CO 123.64
11/25/2008 NOVEMBER 2008 PRCS-BLANK DVDS CAMP WRINKLE 14.16
11/25/2008 NOVEMBER 2008 SWR-WSRA SMNR VAN ORSOW, BRIZE 120.00
11/25/2008 NOVEMBER 2008 PW-STAKEHOLDERS MTG LUNCH 160.00
11/25/2008 NOVEMBER 2008 PRCS-YOUTH COMM. MTG 74.29
11/25/2008 NOVEMBER 2008 FWCC-INTERVIEW PANEL LUNCH 45.35
11/25/2008 NOVEMBER 2008 PRCS-AQUARIUM SNR TRIP 15.00
11/25/2008 NOVEMBER 2008 PRCS-GLASS MUSEUM SNR TRIP 42.00
11/25/2008 NOVEMBER 2008 MIS-MICROPHONE FOR PODIUM 368.18
Total Checks Issued 435 Total $2,053,017.64
COUNCIL MEETING DATE: January 6, 2009
........H..........._m.... . ......._....H..............._........_ ..........__....... .... .....m............. m.............._........H....................._ .............-
ITEM #: 6f.
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: SCORE Interlocal Agreement
POLICY QUESTION: Should the City Council approve the SCORE Interlocal Agreement?
COMMITTEE: N/A
MEETINGDA TE:
CATEGORY:
D Consent
[8] City Council Business
D Ordinance
D Resolution
D
D
Public Hearing
Other
.~!~!~~.l.:'.2~!!!X:..B~!~~g~.AgM!f.~9___.__--_........__..-....._..._~E~~~_____m____.._..._._____.._.
Attachments: Staff Report and Draft SCORE Interlocal Agreement
Summary Background: Staff presented information regarding the proposed interlocal agreement at the
December 2, 2008, City Council meeting. Council asked staff to report back for clarification on issues
concerning the bonds prior to voting on the SCORE Interlocal Agreement. The proposed interlocal is now in
final form.
Options Considered:
1. Approve the staff recommendation and enter into the SCORE Interlocal Agreement.
2. Deny approval of the staff recommendation to forward to Council and provide staff with further
direction.
............-.-..-.-..................-.--..-..----.............--...-..-...............................--.---...........................................--..-......-.....................-......--.....-..............-.....-....-.........................-........-----............-.--.-...---.......---....--..-
STAFF RECOMMENDATION: N/A
Committee
CITY MANAGER APPROVAL:
DIRECTOR APPROVAL:
COMMITTEE RECOMMENDATION: N/ A
Committee Chair
Committee Member
Committee Member
PROPOSED COUNCIL MOTION: "I move approval of the SCORE Interlocal Agreement. "
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
o APPROVED
o DENIED
o TABLED/DEFERRED/NO ACTION
o MOVED TO SECOND READING (ordinances only)
REVISED - 02/06/2006
K:\agenda item\Council\2009\SCORE Interlocal Agenda Bill
COUNCIL BILL #
1ST reading
Enactment reading
ORDINANCE #
RESOLUTION #
~
CITY OF 1fT ~
Federal Way
CITY MANAGER'S OFFICE
MEMORANDUM
ATTORNEY/CLIENT PRIVILEGED COMMUNICATIONS
DATE:
TO:
FROM:
SUBJECT:
DECEMBER 31,2008
COUNCIL MEMBERS
BRYANT ENGE, ACM/CFO
SCORE INTERLOCAL STAFF REOPRT
~
This memorandum provides some background concerning jail services for City inmates and
recommends that Federal Way's City Council enter into an agreement, along with several other
regionally located cities, to develop, construct, and operate a 668-bed jail facility to meet Federal
Way's future jail space needs.
General Background
There isn't enough jail space in King County. As a result, King County is refusing to provide jail
services to cities' beyond 2012, the end of the current contract. While Federal Way contracts
with other agencies, including Fife, Enumclaw, and Yakima County, King County is currently
the agency that accepts medical, mental, and inmates with behavioral (management) problems.
Without King County the city will be faced with no place to put our inmates with significant
medical problems ("3M"). Fife and Enumclaw Jails are short-term holding facilities and are
used primarily for immediate bookings. Yakima County Jail does not accept 3M inmates.
Consequently, Federal Way needs a strategy to effectively and economically meet future jail
service requirements. The fundamental objectives include managing operations and jail service
costs and certainty as to bed availability.
We have had prelilp.inary discussions with the city of Kent concerning their response to the
demand for additional jail space as a result of King County decision. Kent operates its own jail.
The Kent Jail average daily population is over 200 and does not have capacity for inmates from
other jurisdictions. In 1998, the Kent Police Department canceled all jail services contract and
.
returned to housing Kent inmates only. Currently, Kent is evaluating alternatives to adding jail
space and is considering contracting with the SCORE facility for additional jail space needs.
Responses to Specific Council Questions
At the prior meeting Council raised a couple of questions around financing of the SCORE
project:
1. What is the city's ability to call its bonds early?
The agreement provides flexibility to prepay bonds. Federal Way may call its bonds
early in a manner and costs consistent with prepaying bonds as will be described in the
authorizing documents for the SCORE bonds. The bonds are expected to be sold with a
10-year call, which is standard and does not involve any additional costs. Ifwe wanted to
call bonds sooner than 10-years, let's say 5-years, we would likely see a penalty of 15-20
basis points. As an alternative to paying for a shorter call, we could defease the portion
of bonds we would like to retire. With a defeasance, you put funds into an escrow
account and the escrow account earns interest until the call date on the bonds. If that
escrow account's earnings are less than the interest rate on the bonds we would be able to
retire fewer bonds. Ideally we would like to be able to invest the escrow at the same
yield as the bonds, but it's impossible to predict whether that condition will exist in the
future.
2. What happens if one city fails to pay its capital contribution and the PDA's bonds default,
what is the impact, if any, to the credit of the other member cities? What would be the
cure?
If there is a default on the bond issue by any member, it will taint the credit of the
SCORE PDA because the bonds are being issued by SCORE, not by each local
government. The independent ratings of the other cities are not likely to be impacted
since their ability to pay is not affected. However, there may be some reflection on each
city. The cure would depend on the reason for the default and the defaulting city's ability
to raise enough funds to make the payment and would not impact SCORE operations. It
may make future financings to cover SCORE capital and operations challenging.
Recommendation
After more than a year of study and negotiations, the cities of Federal Way, Auburn, Des
Moines, Renton, Tukwila, Burien and SeaTac propose to form a governmental administrative
agency known as the South Correctional Entity ("SCORE") to build and operate a 668-bedjail
facility in one of the host cities (but not in Federal Way). SCORE is modeled after the successful
interlocal Valley Communication facility agreement.
Staff recomme~i.s entering into the proposed SCORE Interlocal Agreement because it affords
~the City a more~economica1 way to meet its future jail needs on a long-term basis and provides
the city with more influence in the management of its j ail services.
2
Time is critical if we are to develop and construct a new facility and transition Federal Way jail
operations by the end of2012. Consequences of not completing the transition by 2012 include
much higher contracting costs. King County is proposing a 400% premium retroactive back to
2010 for Federal Way prisoners not removed from their facilities by 2013.
Other alternatives
The City could choose not to enter into the SCORE agreement, but it would likely be more costly
in the long-run and not provide as much flexibility. It is likely King County will continue to
provide some beds and Yakima will have beds, however, at a substantial increase over current
rates. Additionally, the City of Federal Way could contract with the SCORE facility for beds.
The SCORE proposed contract rates (vs. member city rates) are projected to be substantially
higher than our current rates.
3
SCORE INTERLOCAL AGREEMENT
among
CITY OF AUBURN,
CITY OF DES MOINES,
CITY OF FEDERAL WAY,
CITY OF RENTON,
CITY OF TUKWILA,
CITY OF BURIEN,
AND
CITY OF SEATAC, WASHINGTON
Dated as of
, 2009
SCORE ILA
TABLE OF CONTENTS
Pal!e
Section 1. Definitions........ ................ ............ ......... ..... ...... ............... ...... ........ .............. ....... ..... 2
Section 2. SCORE Facility; Authority.......... .................... ............... ........................................ 3
Section 3. Duration of Agreement. ...... ..... ........ ........ ....................... .... ........ ..... ...... ........ ......... 5
Section 4. Withdrawal and Termination ................ .......................... ................................. ....... 5
Section 5. Administrative Board....... ..... ........ ............. ............. ........ ............ ................... ..... .... 6
Section 6. Operations Board.... ........ ............ ....... ........ ......... ........ ........ ............. ............ ..... ...... 7
Section 7. Facility Director...... ................................................................................................ 8
Section 8. Personnel Policy.... ..... ...... ..... ... ... ....... ... .............. ...... ...... ....................... ................. 8
Section 9. Budget, Policies and Operations .............................................................................9
Section 10. Contracts and Support Services .............................................................................. 9
Section 11. Policy and System Evaluation ................................................................................ 9
Section 12. Additional Services Authorized. ........ ................... ................................. ............... 10
Section 13. Inventory and Property... ...... ...... ....... ................................................................... 10
Section 14. Local Control........................................................................................................ 10
Section 15. SCORE Facility Financing and Construction; SCORE Facility Public
Development Authority ........................................................................................ 10
Section 16. Preliminary Costs ofthe SCORE Facility; Bellevue Property............................. 13
Section 17. Compliance with Continuing Disclosure Requirements....................................... 13
Section 18. Filing of Agreement .......... ..... ........ ...... ........ .......... .......... .......... ............. ....... ....... 13
Section 19. Severability........................................................................................................... 13
Section 20. Execution and Amendment.......... ..... ................... ...... ................ .............. ...... ....... 14
Section 21. Third Party Beneficiaries. ......... .......... .............. ........... ............. ......... ...... ............. 14
Section 22. Hold Harmless........ .... .............. ........................ ............. ............... ....... ........ ..... .... 14
Section 23. Counterparts................ ...... ............. ................... ............... .... ................ .... ...... ... .... 15
SCORE [LA
-1-
SCORE INTERLOCAL AGREEMENT
THIS SCORE INTERLOCAL AGREEMENT ("Agreement") is entered into this
,2009 by and among the Cities of Auburn, Des Moines, Federal Way, Renton,
Tukwila, Burien and SeaTac, Washington (the "Member Cities"), all of which are municipal
corporations under the laws and statutes of the State of Washington:
RECITALS:
WHEREAS, the Member Cities are authorized by chapter 70.48 RCW to contract for,
establish and maintain correctional facilities in furtherance of public safety and welfare; and
WHEREAS, the Member Cities currently contract with other local governments within
the State of Washington for correctional services at a great expense to the City; and
WHEREAS, chapter 39.34 RCW, the Interlocal Cooperation Act, authorizes
municipalities in Washington to enter into agreements for the joint undertaking of certain
projects as provided therein; and
WHEREAS, the Member Cities now desire to form a governmental administrative
agency pursuant to RCW 39.34.030(3) known as the South Correctional Entity ("SCORE") to
establish and maintain a consolidated correctional facility (the "SCORE Facility") to serve the
Member Cities and federal and state agencies and other local governments that may contract with
SCORE in the future to provide correctional services essential to the preservation of the public
health, safety and welfare; and
WHEREAS, the Member Cities have determined that the SCORE Facility will provide
improved correctional facilities within the boundaries of the consolidated service areas at a lower
total cost to the participating Member Cities than currently available alternatives or than the
participating Member Cities could individually provide; and
WHEREAS, financing for the acquisition, construction, equipping, and improvement of
the SCORE Facility will be provided by bonds issued by a public corporation created in
accordance with this Agreement and pursuant to RCW 35.21.730 through 35.21.755 and secured
by the full faith and credit of the Member Cities; and
WHEREAS, the City of Renton has agreed to act as the host city for the formation of a
public corporation to be known as the South Correctional Entity Facility Public Development
Authority (the "SCORE Facility Public Development Authority") subject to the approval of each
Member City; and
WHEREAS, the establishment and maintenance of the SCORE Facility will be of
substantial benefit to the Member Cities and the public in general;
NOW THEREFORE, it is hereby agreed and covenanted among the undersigned as
follows:
SCORE ILA
Section 1. Definitions. Capitalized terms used in this Agreement shall have the
following meanings:
"Administrative Board" means the governing board of SCORE created pursuant to
Section 5 of this Agreement.
"Agreement" means this Interlocal Agreement among the Member Cities, as amended
from time to time.
"Base Percentage" means a percentage equal to the 2007 average daily population
allocable to the Member Cities in all correctional facilities. Those percentages are as follows:
(a) Auburn - twenty-nine (29%)
(b) Des Moines - five (5%)
(c) Federal Way - seventeen (17%)
(d) Renton - thirty-four (34%)
(e) Tukwila- eight (8%)
(f) Burien - four (4%)
(g) SeaTac - three (3%)
"Bonds" mean, collectively, bonds, notes or other evidences of borrowing issued by the
SCORE Facility Public Development Authority to provide interim and permanent financing for
the SCORE Facility and thereafter, to finance or refinance equipment, completion, expansion
and other capital improvements essential to maintain the SCORE Facility's functionality.
"Budget" means the budget prepared by the Facility Director in consultation with the
Operations Board, and submitted to the Administration Board for its approval in accordance with
Section 5 and Section 9 of this Agreement, which budget shall set forth (a) an estimate of the
costs of capital improvements required to be made to the SCORE Facility within the applicable
year, (b) on a line item basis, all anticipated revenues and expenses for the operation and
maintenance of the SCORE Facility for the applicable year, and (c) any information required by
policies adopted by the Administrative Board pursuant to Section 9(b) of this Agreement.
"Capital Contribution" means, for each Member City, that Member City's Base
Percentage multiplied by the principal of and interest on Bonds as the same shall become due
and payable and administrative expenses of the SCORE Facility Public Development Authority
with respect to Bonds.
"Costs of Maintenance and Operation" means all reasonable expenses incurred by
SCORE in causing the SCORE Facility to be operated and maintained in good repair, working
order and condition, and all costs of administering SCORE.
"Designated Representative" means the Mayor or the City Manager, as selected by
each Member City, or his or her designee.
SCORE ILA
2
"Facility Director" means the director of the SCORE Facility selected by the
Administrative Board pursuant to Section 7 ofthis Agreement.
"Member Cities" mean, initially, the Cities of Auburn, Des Moines, Federal Way,
Renton, Tukwila, Burien and SeaTac, Washington.
"Operations Board" means the board formed pursuant to Section 6 of this Agreement.
"Presiding Officer" means the member of the Administrative Board selected pursuant to
Section 5 of this Agreement.
"SCORE" means the governmental administrative agency established pursuant to
RCW 39.34.030(3) and this Agreement by the Member Cities.
"SCORE Facility" means the consolidated correctional facility acquired, constructed,
improved, equipped, maintained and operated by SCORE.
"SCORE Facility Public Development Authority" means the South Correctional
Entity Facility Public Development Authority chartered by the City of Renton, Washington.
"Subscribing Agencies" mean the federal and state agencies, municipal corporations,
and other local governments, other than the Member Cities, that contract with SCORE for
correctional services at the SCORE Facility pursuant to the terms of this Agreement.
Section 2.
SCORE Facilitv: Authoritv.
(a) Administrative Agency. There is hereby established a governmental
administrative agency pursuant to RCW 39.34.030(3) to be known as the South Correctional
Entity ("SCORE"). SCORE shall initially consist of the Member Cities.
(b) Powers of SCORE. SCORE shall have the power to acquire, construct, own,
operate, maintain, equip, and improve a correctional facility known as the "SCORE Facility" and
to provide correctional services and functions incidental thereto, for the purpose of detaining
arrestees and sentenced offenders in the furtherance of public safety and emergencies within the
jurisdiction of the Member Cities. The SCORE Facility may serve Subscribing Agencies which
are in need of correctional facilities. Any agreement with a Subscribing Agency shall be in
writing and approved by SCORE as provided herein.
(c) Administrative Board. The affairs of SCORE shall be governed by the
Administrative Board formed pursuant to Section 5 of this Agreement. The Administrative
Board shall have the authority to:
1.
Recommend action to the legislative bodies of the Member Cities;
2.
Approve the Budget, adopt financial policies and approve expenditures;
SCORE [LA
3
SCORE [LA
3.
4.
5.
6.
7.
8.
9.
18.
19.
Establish policies for investing funds and Incumng expenditures of
Budget items for the SCORE Facility;
Review and adopt a personnel policy for the SCORE Facility;
Establish a fund, or special funds, as authorized by chapter 39.34 RCW for
the operation of the SCORE Facility;
Conduct regular meetings as may be designated by the Administrative
Board;
Determine what services shall be offered at the SCORE Facility pursuant
to the powers of SCORE and under what terms they shall be offered;
Enter into agreements with third parties for goods and services necessary
to fully implement the purposes of this Agreement;
Establish rates for services provided to members, subscribers or
participating agencies;
10.
Direct and supervise the activities of the Operations Board and the Facility
Director;
11.
Enter into an agreement with a public corporation or otherwise to incur
debt;
12.
Make purchases or contract for services necessary to fully implement the
purposes of this Agreement;
13.
Enter into agreements with and receive and distribute funds from any
federal, state or local agencies;
14.
Receive and account for all funds allocated to the SCORE Facility from its
members;
15.
Purchase, take, receive, lease, take by gift, or otherwise acquire, own,
hold, improve, use and otherwise deal in and with real or personal
property, or any interest therein, in the name of the SCORE Facility;
16.
Sell, convey, mortgage, pledge, lease, exchange, transfer and otherwise
dispose of property and assets;
17.
Sue and be sued, complain and defend, In all courts of competent
jurisdiction in its name;
Make and alter bylaws for the administration and regulation of its affairs;
Enter into contracts with Subscribing Agencies to provide correctional
servIces;
4
20.
Employ employees as necessary to accomplish the terms of this
Agreement;
21.
Establish policies and procedures for adding new cities as "Member
Cities" to this Agreement; and
22.
Engage in any and all other acts necessary to further the goals of this
Agreement.
Section 3.
Duration of A2:reement.
The initial duration of this Agreement shall be for a period of ten (10) years from its
effective date and, thereafter, shall automatically extend for additional five (5) year periods
unless terminated as provided in this Agreement. Notwithstanding the foregoing, this Agreement
shall not terminate until all Bonds issued by the SCORE Facility Public Development Authority
as provide in Section 15 of this Agreement are no longer outstanding.
Section 4.
Withdrawal and Termination.
(a) Subject to Section 4(g) below, any Member City may withdraw its membership
and terminate its participation in this Agreement by providing written notice and serving that
notice on the other Member Cities on or before December 31 in anyone-year. After providing
appropriate notice as provided in this Section, that Member City's membership withdrawal shall
become effective on the last day of the year following delivery and service of appropriate notice
to all other Member Cities.
(b) Subject to Section 3 above, four (4) or more Member Cities may, at anyone time,
by written notice provided to all Member Cities, call for a termination of SCORE and this
Agreement. Upon an affirmative supermajority vote (majority plus one) by the Administrative
Board, SCORE shall be directed to terminate business, and a date will be set for final
termination, which shall be at least one (1) year from the date of the vote to terminate this
Agreement. Upon the final termination date, this Agreement shall be fully terminated.
(c) Subject to Section 4(g) below, in the event any Member City fails to budget or
provide the required annual funding requirements for SCORE as provided in Section 15 hereof,
the remaining Member Cities may, by majority vote, immediately declare the underfunding City
to be terminated from this Agreement and to have forfeited all its rights under this Agreement as
provided in Section 4( e). The remaining Member Cities may, at their option, withdraw
SCORE's correctional services from that City, or alternatively, enter into a Subscribing Agency
agreement with that City under terms and conditions as the remaining Member Cities deem
appropriate.
(d) Time is of the essence in giving any termination notice.
( e) If an individual Member City withdraws its membership in SCORE, the
withdrawing City will forfeit any and all rights it may have to SCORE's real or personal
SCORE [LA
5
property, or any other ownership in SCORE, unless otherwise provided by the Administrative
Board.
(f) Upon termination of this Agreement, all property acquired during the life of this
Agreement shall be disposed of in the following manner:
1. All real and personal property acquired pursuant to this Agreement shall
be distributed to the Member Cities based on the Base Percentages; and
2. All unexpected funds or reserve funds shall be distributed based on the
percentage of average daily population at the SCORE Facility for the last three (3)
years prior to the termination date of those Member Cities still existing on the day
prior to the termination date.
(g) Notwithstanding any of the other rights, duties or obligations of any Member City
under this Section 4, the withdrawal of any Member City from this Agreement shall not
discharge or relieve the Member City that has withdrawn pursuant to Section 4(a) or been
terminated pursuant to Section 4( c) of its obligation to pay debt service on Bonds issued by the
SCORE Facility Public Development Authority. A Member City may be relieved of its
obligation under this Agreement to make payments with respect to its Capital Contribution if the
Administrative Board, by supermajority vote (majority plus one), authorizes such relief based on
a finding that such payments are not required to pay debt service on Bonds issued by the SCORE
Facility Public Development Authority.
Section 5.
Administrative Board.
(a) Formation. An Administrative Board composed of the Designated Representative
from each Member City shall govern the affairs of SCORE.
(b) Allocation of Votes. Each Board member shall have an equal vote and voice in
all Board decisions.
(c) Voting Requirements. Votes regarding (1) debt; (2) approval of the Budget;
(3) employment of the Facilities Director; (4) co~t allocations made prior to the issuance of
Bonds pursuant to Section 16 of this Agreement; and (5) approval of labor contracts, shall
require an affirmative vote of a supermajority (majority plus one) of the Member Cities, two (2)
of which shall have the highest and the second highest average daily population in the SCORE
Facility for the 12-month period ending June 30 of the preceding year. Votes regarding (1) the
conveyance of real property; (2) the addition of additional services pursuant to Section 11 of this
Agreement not directly incidental to correctional services (such as providing court services); and
(3) matters addressed in Sections 4(b) and (g) of this Agreement, shall require an affirmative
vote of a supermajority (majority plus one) of the Member Cities.
(d) Parliamentary Authority. Unless otherwise provided, Robert's Revised Rules of
Order (newly revised) shall govern all procedural matters relating to the business of the
Administrative Board.
SCORE ILA
6
( e) Officers of the Administrative Board. Members of the Administrative Board shall
select a Presiding Officer from its members, together with such other officers as a majority ofthe
Administrative Board may determine. Subject to the control of the Administrative Board, the
Presiding Officer shall have general supervision, direction and control of the business and affairs
of SCORE. On matters decided by the Administrative Board, the signature of the Presiding
Officer alone is sufficient to bind SCORE.
(f) Meetings of the Administrative Board. There shall be a minimum of two (2)
meetings each year, and not less than fifteen (15) days notice shall be given to all members prior
to any such meeting. Unless otherwise designated by the Presiding Officer, the first meeting
shall be held on the second Tuesday of February of each year to review the prior year's service.
The second meeting shall be on the second Tuesday of September of each year to consider and
adopt a Budget for the following fiscal year. Other meetings may be held upon request of the
Presiding Officer or any two members. All meetings shall be open to the public to the extent
required by chapter 42.30 RCW.
Five (5) members of the Administrative Board must be present at any meeting of the
Administrative Board to comprise a quorum, and for the Administrative Board to transact any
business. Proxy voting shall not be allowed. Members of the Administrative Board may
participate in a meeting through the use of any means of communication by which all members
and members of the public participating in such meeting can hear each other during the meeting.
Any members of the Administrative Board participating in a meeting by such means is deemed
to be present in person at the meeting for all purposes including, but not limited to, establishing a
quorum.
(g) Bylaws. The Administrative Board shall be authorized to establish bylaws that
govern procedures of that Board and the SCORE Facility's general operations.
(h) Administrative Board Review. A general or particular authorization or review
and concurrence of the Administrative Board by majority vote shall be necessary for all capital
expenditures or contracts in excess of $50,000.
Section 6.
Operations Board.
(a) Formation. There is further established an Operations Board which shall consist
of up to nine (9) members selected as provided in this paragraph. One (1) member shall be
designated by each of the Member Cities, and up to two (2) at-large members shall be selected,
by majority vote, by the Subscribing Agencies to represent the police departments of the
Subscribing Agencies. At the time set for election of the at-large members, only the
representatives of the Subscribing Agencies, then in attendance, will participate in the election.
The Member Cities' Operations Board representatives shall not participate in the at-large
member elections. The at-large members shall serve one-year terms, unless otherwise
determined by majority vote of the Operations Board. The purpose and duties of the Operations
Board shall be established by the Administrative Board.
SCORE ILA
7
(b) Voting and Meetings of the Operations Board. Each member of the Operations
Board shall have an equal vote in all Operations Board decisions. The Operations Board shall be
authorized to establish bylaws that govern its procedures. Unless otherwise provided, Robert's
Revised Rules of Order shall govern all procedural matters relating to the business of the
Operations Board. The Operations Board shall elect a presiding officer from its members and
shall likewise determine the time and place of its meetings; at least one (1) regular meeting shall
be held each month at a time and place designated by the presiding officer or a majority of its
members. Special meetings may be called by the presiding officer or any two (2) members upon
giving all other members not less than 24 hours prior written notice (electronic or facsimile
notice acceptable). In an emergency, the Operations Board may dispense with written notice
requirements for special meetings, but must, in good faith, implement best efforts to provide fair
and reasonable notice to all of the members of the Operations Board. All meetings shall be open
to the public to the extent required by chapter 42.30 RCW.
A majority of the members of the Operations Board must be present at any meeting ofthe
Operations Board to comprise a quorum, and for the Operations Board to transact any business.
Proxy voting shall not be allowed. Members of the Operations Board may participate in a
meeting through the use of any means of communication by which all members and members of
the public participating in such meeting can hear each other during the meeting. Any members
of the Operations Board participating in a meeting by such means is deemed to be present in
person at the meeting for all purposes including, but not limited to, establishing a quorum.
Section 7.
Facility Director.
Not later than one hundred eighty (180) days prior to the completion of the SCORE
Facility, the Operations Board shall recommend to the Administrative Board a person to act as
the Facility Director. The Administrative Board may accept or reject the Operations Board
recommendation. Such Facility Director shall be responsible to the Administrative Board, shall
develop the Budget in consultation with the Operations Board and other appropriate means in
order to fully implement the purposes of this Agreement. The Facility Director shall administer
the program in its day-to-day operations consistent with the policies adopted by the
Administrative Board. Such Facility Director shall have experience in technical, financial and
administrative fields, and such appointment shall be on the basis of merit only.
Section 8.
Personnel Policy.
(a) The Operations Board shall submit to the Administrative Board within one
hundred eighty (180) days prior to the completion of the SCORE Facility, a proposed personnel
policy for the SCORE Facility for its approval, rejection or modification. All of such
modifications or revisions shall be subject to the final approval of the Administrative Board.
(b) Such personnel policy shall provide for the initial appointment to the SCORE
Facility's staff from the personnel presently, permanently appointed or assigned as corrections
officers in the Member Cities. Additional employees shall be appointed by the Facility Director
upon meeting the qualifications established by the Operations Board and adopted by the
Administrative Board. None of such employees shall be commissioned members of any
SCORE ILA
8
emergency service, but may be eligible for membership under the Public Employees Retirement
Systems (PERS), or Public Safety Employees Retirement System (PSERS), as provided by law.
Section 9.
Bud2et. Policies and Operations.
(a) The Facility Director shall distribute a proposed Budget to the Operations Board
on or before August 1 of each year, which Budget shall then be provided to the Administrative
Board no later than September 1 of such year. Thereafter, the Member Cities shall be advised of
the programs and objectives as contained in said proposed Budget, and of the required financial
participation for the ensuing year.
(b) The Administrative Board shall develop financial policies for SCORE as part of
the budgetary process. Such policies may include, but are not limited to, (1) items to be provided
for in the Budget, (2) a minimum contribution amount for each Member City to pay for Costs of
Maintenance and Operation, (3) the process for allocating unexpended amounts paid by the
Member Cities for Costs of Operation and Maintenance and assessing the Member Cities in the
event of cost overruns, (4) establishing and maintaining reserve accounts, if any, and (5) the
process for adding a new Member City to this Agreement.
(c) The allocation of prorated financial participation among the Member Cities shall
be calculated as provided in Section 15 hereof. Each Member City shall be unconditionally
obligated to provide its allocable share of costs as provided in this Agreement.
Section 10. Contracts and Support Services.
(a) The Administrative Board (or the Operations Board or the Facility Director, if so
designated by the Administrative Board) shall, as necessary, contract with local governments for
the use of space for its operations, auxiliary services including but not limited to records, payroll,
accounting, purchasing, and data processing, and for staff prior to the selection of a Facility
Director for the SCORE Facility.
(b) The Member Cities hereby agree to furnish legal assistance, from time to time, as
approved by the Administrative Board. The Administrative Board may contract with the City
Attorney of a Member City, other local government, or independent legal counsel as necessary.
Section 11. Policy and System Evaluation.
The Facility Director shall actively and continually consider and evaluate all means and
opportunities toward the enhancement of operations effectiveness for correctional services so as
to provide maximum and ultimate benefits to the members of the general public. The Facility
Director shall present his or her recommendations to the Operations Board from time to time.
Any substantive change or deviation from established policy shall be subject to the prior
approval of the Administrative Board.
SCORE ILA
9
Section 12. Additional Services Authorized.
The Administrative Board shall evaluate and determine the propriety of including
additional correctional services for local governments, whenever so required, and shall determine
the means of providing such services, together with its costs and effects. These additional
services may include, but shall not be limited to the following: alternatives to incarceration,
inmate transportation systems, and consolidated court services.
Section 13. Inventory and Property.
(a) Equipment and furnishings for the operation of the SCORE Facility shall be
acquired by SCORE as provided by law. If any Member City furnishes equipment or furnishings
for SCORE's use, title to the same shall remain with the respective local entity unless that
equipment is acquired by SCORE.
(b) The Facility Director shall, at the time of preparing the proposed Budget for the
ensuing year, submit to the Operations Board a complete inventory together with current
valuations of all equipment and furnishings owned by, leased or temporarily assigned to SCORE.
In case of dissolution of SCORE, such assigned or loaned items shall be returned to the lending
governmental entity and all other items, including real property, or funds derived from the sale
thereof, shall be distributed to Member Cities in accordance with Section 4(f) above.
(c) Title to real property purchased or otherwise acquired shall be held in the name of
SCORE; provided however, that for valuable consideration received, SCORE may convey
ownership of any real property as may be approved by supermajority vote (majority plus one) of
the Administrative Board.
Section 14. Local Control.
Each Member City and Subscribing Agency shall retain the responsibility and authority
for the operation of its police departments, and for such equipment and services as are required at
its place of operation to utilize the SCORE Facility.
Section 15. SCORE Facility Financin2 and Construction: SCORE Facility Public
Development Authoritv.
(a) SCORE Facilitv. In order to provide necessary services for the Member Cities
and the Subscribing Agencies, SCORE shall acquire, construct, improve, equip, maintain and
operate the SCORE Facility. The SCORE Facility is expected to be located in the City of Des
Moines, Washington. Pursuant to RCW 35.21.740, the City of Des Moines hereby authorizes
the City of Renton to operate the SCORE Facility Public Development Authority within the
corporate limits of the City of Des Moines in a manner consistent with the terms of this
Agreement.
(b) Contracts for the SCORE Facilitv. The Administrative Board shall authorize, and
the Presiding Officer of the Administrative Board, or his or her approved designee, will execute
SCORE [LA
10
contracts for the development of the SCORE Facility. These contracts shall include, without
limitation, contracts for architectural design and engineering, project management services; real
estate acquisition, and construction.
(c) SCORE Facility Public Development Authority. In order to finance costs of
acquiring, constructing, improving and equipping the SCORE Facility, the City of Renton has
agreed to form the SCORE Facility Public Development Authority. The purpose of the SCORE
Facility Public Development Authority is to issue Bonds to finance and refinance the acquisition,
construction, improvement and equipping of the SCORE Facility. The Administrative Board
shall serve ex officio as the Board of Directors of the SCORE Facility Public Development
Authority as further provided in the Authority's organizational charter. Upon issuance of Bonds
by the SCORE Facility Public Development Authority, Bond proceeds shall be deposited on
behalf of SCORE and used for the purposes set forth herein. SCORE shall be obligated to make
payments to the SCORE Facility Public Development Authority at the time and in the amounts
required to pay principal of and interest on the Bonds and any administrative costs of the SCORE
Facility Public Development Authority.
(d) SCORE Facility Financing. Each Member City shall each pay an allocable
portion of all aggregate capital and operating costs related to the SCORE Facility, less revenue
received from Subscribing Agencies or other sources, as provided in this Agreement. Each
Member City shall be billed for its total allocable capital and operating costs on a semiannual
basis, or more frequently as determined by the Administrative Board, calculated as provided for
in this Section.
(1) Capital Contribution. Each Member City shall be obligated to pay an
amount equal to its Capital Contribution without regard to the payment or lack thereofby
any other Member City. No Member City shall be obligated to pay the Capital
Contribution of any other Member City, and each Member City shall be obligated to
budget for and pay its Capital Contribution. The obligation of each Member City to pay
its Capital Contribution shall be an irrevocable full faith and credit obligation of such
Member City, payable from property taxes levied within the constitutional and statutory
authority provided without a vote of the electors of the Member City on all of the taxable
property within the Member City and other sources of revenues available therefor. Each
Member City has or will set aside and include in its calculation of outstanding nonvoted
general obligation indebtedness an amount equal to the principal component of its Capital
Contribution for so long as Bonds remain outstanding, unless relieved of such payment in
accordance with Section 4(g).
A Member City may prepay its Capital Contribution in a manner that is consistent
with the authorizing documents for the Bonds; provided, however, that any such
prepayment of one or more Member Cities shall not affect the Capital Contribution of the
remaining Member Cities. Any Member City that elects to prepay its Capital
Contribution shall be responsible for paying all costs associated with such prepayment.
(2) Costs of Maintenance and Operation. Subject to the terms of the financial
policies established by the Administrative Board pursuant to Section 9(b) of this
SCORE [LA
11
Agreement, each Member City shall be obligated to pay its allocable portion of Costs of
Maintenance and Operation of the SCORE Facility, including any debt issued to finance
such costs, as determined in this subsection.
(i) Until the end of the first calendar year of operations of the SCORE
Facility (estimated to be December 31, 2012), the allocable portion that each
Member City shall be obligated to pay of Costs of Maintenance and Operation in
such year shall be equal to the City's Base Percentage multiplied by the Costs of
Maintenance and Operation.
(ii) Commencing with the calendar year following the first calendar
year of operations, the allocable portion that each Member City shall be obligated
to pay of Costs of Maintenance and Operation shall be based on the Member
City's average daily population in the SCORE Facility, as supplemented as
necessary with the average daily population allocable to the Member Cities in all
correctional facilities, for the 12-month period ending June 30 of the preceding
year.
(iii) Commencing with the third calendar year of operations, the
allocable portion that each Member City shall be obligated to pay of Costs of
Maintenance and Operation shall be based on the Member City's average daily
population in the SCORE Facility for the 12-month period ending June 30 of the
preceding year.
( e) Allocation of Revenues. Revenues received in a calendar year from Subscribing
Agencies or from sources other than the contributions described in Section 15( d) above shall be
used to reduce the Costs of Maintenance and Operation in the subsequent calendar year. Each
Member City shall receive creditlbenefit of the revenues discussed in this section based on that
Member City's proportional average daily population as calculated in Section 15(d)(2) above.
(f) Tax-Exemption. The Member Cities shall not (1) make any use of the proceeds
from the sale of Bonds or any other money or obligations of the SCORE Facility Public
Development Authority or the Member Cities that may be deemed to be proceeds of the Bonds
pursuant to Section 148(a) of the Code that will cause the Bonds to be "arbitrage bonds" within
the meaning of said Section and said regulations, or (2) act or fail to act in a manner that will
cause the Bonds to be considered obligations not described in Section 103(a) ofthe Code.
(g) Additional Financing. Notwithstanding anything to the contrary in this
Agreement, bonds, notes or other evidences of borrowing may be issued from time to time by the
SCORE Facility Public Development Authority or another issuer pursuant a separate agreement
between one or more Member Cities and other entities to provide additional financing for the
SCORE Facility on terms as agreed upon by the parties thereto.
(h) Special Facility Designation. The SCORE Facility, including all equipment,
furnishings, and fixtures is critical to the ability of the Member Cities and the Subscribing
Agencies to provide necessary and secure correctional services and assure public safety.
SCORE [LA
12
Consequently, the SCORE Facility is essential to the preservation of the public health, safety,
and welfare. As a result, the SCORE Facility's equipment, furnishings, and fixtures are special
facilities subject to unique standards. Accordingly, based on the facts presented in this
subsection, it is herby resolved that the established policy of the Member Cities is that the
SCORE Facility constitutes a "special facility" under RCW 39.04.280(1)(b), and all purchases of
any kind or nature for the SCORE Facility shall be exempt from competitive bidding
requirements as prescribed by Washington State statute but shall be governed by the
procurement policy established by the Administrative Board as amended from time to time.
Section 16. Preliminary Costs of the SCORE Facility: Bellevue Property
The Administrative Board shall allocate costs associated with the design, acquisition,
construction, improvement and equipping of the SCORE Facility prior to the issuance of the
Bonds by the SCORE Facility Public Development Authority among the Member Cities by an
affirmative vote of a supermajority (majority plus one) of the of the Member Cities, two (2) of
which shall have the highest and the second highest average daily population in the SCORE
Facility for the 12-month period ending June 30 of the preceding year. Any costs of the SCORE
Facility paid by a Member City pursuant to this section may be reimbursed out of proceeds of
Bonds to the extent permitted by law.
The Member Cities hereby agree that any net proceeds received from the sale of the
property located at 1440 116th Avenue NE, Bellevue, Washington and 1412 116th Avenue NE,
Bellevue, Washington (estimated to be approximately $3,180,000) shall be deposited with
SCORE and used to finance costs associated with the design, acquisition, construction,
improvement and equipping of the SCORE Facility.
Section 17. Compliance with Continuin2 Disclosure Requirements
To the extent necessary to meet the conditions of paragraph (d)(2) of United States
Securities and Exchange Commission Rule 15c2-12 (the "Rule"), as applicable to a participating
underwriter or remarketing agent for Bonds, each Member City will enter into an undertaking in
a form acceptable at the time to the participating underwriter or remarketing agent, as the case
may be.
Section 18. Filin2 of A2reement
Upon execution, this Agreement shall be filed as required in RCW 39.04.040.
Section 19. Severability
If any part, paragraph, section or provision of this Agreement is adjudged to be invalid by
any court of competent jurisdiction such adjudication shall not affect the validity of any
remaining section, part or provision of this Agreement.
SCORE [LA
13
Section 20. Execution and Amendment
This Agreement shall be executed on behalf of each Member City by its Designated
Representative and pursuant to an appropriate motion, resolution or ordinance of each Member
City. This Agreement shall be deemed adopted upon the date of execution by the last so
Designated Representative.
This Agreement may not be effectively amended, changed, modified or altered, except by
an instrument in writing duly executed by the Designated Representative of each Member City
and pursuant to an appropriate motion, resolution or ordinance of each Member City, so long as
such amendment does not materially adversely affect the owners of the Bonds or affect the tax-
exempt status of the interest paid on the Bonds. If the Bonds issued by the SCORE Facility
Public Development Authority are rated by a rating agency, then no amendment that adds or
removes a Member City from this Agreement or revises Section 15 of this Agreement shall be
permitted unless the SCORE Facility Public Development Authority has received written
confirmation from the rating agency that such amendment will not result in a reduction or
withdrawal of the rating on the Bonds. If the Bonds are not rated by a rating agency, then no
such amendment as described in the preceding sentence will be permitted unless in the opinion
of the SCORE Facility Public Development Authority such amendment will not materially
adversely affect the owners of the Bonds.
Section 21. Third Party Beneficiaries
The SCORE Facility Public Development Authority and the holders from time to time of
the Bonds shall be third party beneficiaries hereof and the commitments made herein shall be for
their further benefit.
Section 22. Hold Harmless
The parties to this Agreement shall defend, indemnify and save one another harmless
from any and all claims arising out of the performance of this Agreement, except to the extent
that the harm complained of arises from the sole negligence of one of the participating members.
Any loss or liability resulting from the negligent acts errors or omissions of the Administrative
Board, Operations Board, Facility Director and or staff, while acting within the scope of their
authority under this Agreement shall be borne by SCORE exclusively.
SCORE [LA
14
Section 23. Counterparts
This Agreement may be executed in any number of counterparts, each of whom shall be
an original, but those counterparts will constitute one and the same instrument.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and
year first written above.
CITY OF AUBURN
CITY OF RENTON
By:
By:
CITY OF DES MOINES
CITY OF TUKWILA
By:
By:
CITY OF FEDERAL WAY
CITY OF BURIEN
By: Neal Beets, City Manager
By:
CITY OF SEATAC
By:
SCORE /LA
15
r7
COUNCIL MEETING DATE: January 6, 2009
ITEM # 7 ct.
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: PROPOSED ORDINANCE CREATING THE SOUTH CORRECTIONAL REGIONAL ENTITY
POLICY QUESTION: Should the City Council approve and enact the proposed ordinance creating the South
Correctional Regional Entity ("SCORE")?
COMMITTEE: N/ A
MEETING DATE:
CATEGORY:
D Consent
D City Council Business
STAFFREpORTBY: BRYANT
X Ordinance
D Resolution
ACMlCFO
D
D
Public Hearing
Other
DEPT: City Manager
The proposed ordinance is before Council for approval and enactment because time is of the essence to
begin the construction of the facility.
Attachments: Proposed Ordinance Creating the South Correction Regional Entity "SCORE" for regional
jail services.
Options Considered: 1. Approve and enact the ordinance creating the South Correctional Regional
Entity.
2. Reject the ordinance creating the South Correctional Regional Entity.
STAFF RECOMMENDATION: Opti~!ll
)
CITY MANAGER ApPROVAL: I
DIRECTOR ApPROVAL:
Committee
~
COMMITTEE RECOMMENDATION: N/ A
Committee Chair
Committee Member
Committee Member
PROPOSED COUNCIL MOTION(S):
I move to approve and enact the ordinance creating the South Regional Correction Entity.
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
o APPROVED
o DENIED
o TABLEDIDEFERRED/NO ACTION
o MOVED TO SECOND READING (ordinances only)
REVISED - 02/06/2006
COUNCIL BILL #
1 ST reading
Enactment reading
ORDINANCE #
RESOLUTION #
ORDINANCE NO. 09-602
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
FEDERAL WAY, WASHINGTON, AUTHORIZING THE CREATION
OF A PUBLIC CORPORATION TO BE KNOWN AS THE SOUTH
CORRECTIONAL ENTITY FACILITY PUBLIC DEVELOPMENT
AUTHORITY; APPROVING A CHARTER AND BYLAWS;
ESTABLISHING A BOARD OF DIRECTORS TO GOVERN THE
AFFAIRS OF THE AUTHORITY; AND APPROVING PROCEDURES
FOR THE CONDUCT OF ITS AFFAIRS.
WHEREAS, pursuant to RCW 35.21.730 through 35.21.755, the City Council (the
"Council") of the City of Federal Way, Washington (the "City") may authorize the creation of a
public corporation as a" separate legal entity to perform any lawful public purpose or public
function as therein authorized; and
WHEREAS, pursuant to chapter 39.34 RCW, the City has entered into the SCORE
Interlocal Agreement (the "Interlocal Agreement") with the Cities of Auburn, Des Moines,
Renton, Tukwila, Burien and SeaTac, Washington (together with the City, the "Member Cities")
for the formation of a governmental administrative agency known as the South Correctional
Entity ("SCORE"); and
WHEREAS, SCORE is responsible for the establishment and maintenance of a
consolidated correctional facility (the "SCORE Facility") to serve the Member Cities and federal
and state agencies and other local governments that may contract with SCORE in the future to
provide correctional services essential to the preservation of the public health, safety and
welfare; and
WHEREAS, the Member Cities have determined that the SCORE Facility will provide
improved correctional facilities within the boundaries of the consolidated service areas at a lower
total cost to the participating Member Cities than currently available alternatives or than the
participating Member Cities could individually provide; and
WHEREAS, the Interlocal Agreement contemplates that the City will create a public
corporation for the purpose of issuing and servicing bonds that are secured by the full faith and
credit of the Member Cities in order to finance the acquisition, construction, equipping, and
improving of the SCORE Facility; and
WHEREAS, the City will act as the host city for the formation of the public corporation,
subject to the approval of each Member City; and
WHEREAS, the City has determined that chartering a public corporation to function on
its behalf in undertaking the acquisition, construction, equipping, and improvement of the
Ordinance No. 09-602
SCORE Facility will create a highly focused and dedicated entity that will accelerate progress,
provide for financing, pool limited resources and enhance opportunities to work with the
Member Cities and others critical to the successful construction and operation of a regional
correctional facility, all while ensuring appropriate public oversight and accountability; and
WHEREAS, the Council has been presented with drafts of a proposed charter (the
"Charter") and bylaws (the "Bylaws") for the establishment and chartering of a public
corporation to be known as the South Correctional Entity Facility Public Development
Authority, which will have as its purpose the issuance and servicing of one or more series of
bonds or other obligations to provide financing for the acquisition, construction, equipping, and
improving of a correctional facility pursuant to the terms ofthis ordinance and the Charter; and
WHEREAS, it appears in the best interest of the City to approve the Charter and Bylaws
for the South Correctional Entity Facility Public Development Authority as now proposed;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, DO ORDAIN AS FOLLOWS
Section 1.
Authority Created-City Liabilitv Limited.
A. Authoritv Created. The Council hereby authorizes the creation of a public
corporation pursuant to RCW 35.21.730(5). The public corporation shall have all of the powers
set forth in this ordinance, RCW 35.21.730 through 35.21.755, and in its charter necessary to
finance and refinance the acquisition, construction, equipping, and improvement of a regional
correctional facility known as the South Correctional Entity Facility (the "SCORE Facility")
through the issuance and servicing of one or more series of bonds, notes or other obligations
(collectively, the "Bonds"), and to perform any other function specified in its charter.
B. Name. The name of the public corporation shall be the "South Correctional
Entity Facility Public Development Authority" (hereinafter the "Authority").
C. Seal. The corporate seal of the Authority shall carry the name of the Authority.
D. City Liability Limited. The Authority is an independent legal entity exclusively
responsible for its own debts, obligations and liabilities. Except as specifically agreed in writing
by the City, the Authority may not create, and shall take no action that might impose, liability
upon the City. All liabilities incurred by the Authority shall be satisfied exclusively from the
assets, credit, and properties ofthe Authority, and no creditor or other person shall have any right
of action against or recourse to the City, its assets, credit, or services, on account of any debts,
obligations, liabilities or acts or omissions of the Authority.
The charter of the Authority shall provide that the Authority is organized pursuant to this
ordinance and RCW 35.21.730 through 35.21.755 and state as follows: "[A]llliabilities incurred
by such public corporation, commission, or authority shall be satisfied exclusively from the
assets and properties of such public corporation, commission, or authority and no creditor or
Ordinance No. 09-602
Charter
other person shall have any right of action against the city, town, or county creating such
corporation, commission, or authority on account of any debts, obligations or liabilities of such
public corporation, commission, or authority." Such statement shall be displayed in a prominent
location in the principal office or other offices of the Authority. It shall also be printed or
stamped on all contracts, bonds, and other documents that may entail any debt or liability by the
Authority.
E. Contributions of the Cities. The City and the Cities of Auburn, Des Moines,
Renton, Tukwila, Burien, and SeaTac, Washington (together with the City, the "Member Cities")
shall each pay an allocable portion of the budgeted expenses of maintenance and operation of the
SCORE Facility not paid from other sources, which allocable portion shall be determined as
provided in the Interlocal Agreement. In addition to the foregoing commitment, each Member
City shall contribute funds in the percentages provided for in the Interlocal Agreement to pay
debt service on Bonds as the same shall become due and payable and to pay administrative
expenses of the Authority with respect to the Bonds (referred to herein as the respective Member
City's "Capital Contribution"). No Member City shall be obligated to pay the Capital
Contribution of any other Member City; the obligations of each Member City with respect to the
Bonds shall be limited to its allocable share of such obligations; all such payments shall be made
by the Member City without regard to the payment or lack thereof by any other jurisdiction; and
each Member City shall be obligated to budget for and pay its Capital Contribution unless
relieved of such payment in accordance with the Interlocal Agreement. All payments with
respect to the Bonds shall be made to SCORE in its capacity as administrator and servicer of the
Bonds to be issued by the Authority.
The obligation of each Member City to pay its Capital Contribution shall be an
irrevocable full faith and credit obligation of such Member City, payable from property taxes
levied within the constitutional and statutory authority provided without a vote of the electors of
the Member City on all of the taxable property within the Member City and other sources of
revenues available therefor. Each Member City has or will obligate itself and commit to budget
for and pay its Capital Contribution and to set aside and include in its calculation of outstanding
nonvoted general obligation indebtedness an amount equal to the principal component of its
Capital Contribution for so long as Bonds remain outstanding.
Section 2. Powers--Generallv. Except as limited by the constitution of the State of
Washington (the "State"), State statute, this ordinance or the Charter of the Authority, the
Authority shall have and may exercise all lawful powers necessary or convenient to effect the
purposes for which the Authority is organized and to perform authorized corporate functions, as
provided in its Charter. The Authority may conduct activities outside of the boundaries of the
City upon a determination by the Council that the activity will further the purposes of the
Authority, subject, however, to the applicable limitations set forth in RCW 35.21.740. The
Council hereby authorizes the Authority to acquire, equip, construct, improve and maintain the
SCORE Facility located in the City of Des Moines, Washington pursuant to the terms of the
Interlocal Agreement.
Section 3. Limitation of Powers. The activities and transactions of the Authority
shall be limited in the following respects:
Ordinance No. 09-602
Charter
A. The Authority shall have no power of eminent domain nor any power to levy
taxes or special assessments.
B. Except as otherwise agreed to by a Member City, the Authority may not incur or
create any liability that permits recourse by any contracting party or member of the public to any
assets, services, resources, or credit of a Member City.
C. No funds, assets, or property of the Authority shall be used for any partisan
political activity or to further the election or defeat of any candidate for public office; nor shall
any funds or a substantial part of the activities of the Authority be used for publicity or
educational purposes designed to support or defeat legislation pending before the Congress of the
United States, the State Legislature or the Council of the Member Cities; provided, however, that
funds may be used for representatives of the Authority to communicate with members of
Congress, State legislators or city council members concerning funding and other matters
directly affecting the Authority, so long as such activities do not constitute a substantial part of
the Authority's and unless such activities are specifically limited in its charter.
D. All funds, assets, or credit of the Authority shall be applied toward or expended
upon services, projects, and activities authorized by its charter. No part of the net earnings of the
Authority shall inure to the benefit of, or be distributable as such to, the board members or other
private persons, except that the Authority is authorized and empowered to:
(i) Reimburse Board Members, employees and others performing services for
the Authority reasonable expenses actually incurred in performing their duties, and
compensate employees and others performing services for the Authority a reasonable
amount for services rendered;
(ii) Assist board members or employees as members of a general class of
persons to be assisted by a corporate approved project or activity to the same extent as
other members of the class as long as no special privileges or treatment accrues to such
board members or employees by reason of his or her status or position in the Authority;
(iii) Defend and indemnify any current or former board member or employee
and their successors against all costs, expenses, judgements, and liabilities, including
attorneys' fees, reasonably incurred by or imposed upon him or her in connection with or
resulting from any claim, action, or proceeding, civil or criminal, in which he or she is or
may be made a party by reason of being or having been a board member or employee, or
by reason of any action alleged to have been taken or omitted by him or her in such
position, provided that he or she was acting in good faith on behalf of the Authority and
within the scope of duties imposed or authorized by law. This power of indemnification
shall not be exclusive of other rights to which board members or employees may be
entitled as a matter of law;
(iv) Purchase insurance to protect and hold personally harmless any of its
board members, employees and agents from any action, claim, or proceeding instituted
against the foregoing individuals arising out of the performance, in good faith, of duties
Ordinance No. 09-602
Charter
for, or employment with, the Authority and to hold these individuals harmless from any
expenses connected with the defense, settlement, or monetary judgements from such
actions, claims, or proceedings. The purchase of such insurance and its policy limits shall
be discretionary with the board, and such insurance shall not be considered to be
compensation to the insured individuals. The powers conferred by this subsection shall
not be exclusive of any other powers conferred by law, to purchase liability insurance; and
(v) Sell assets for a consideration greater than their reasonable market value
or acquisition costs, charge more for services than the expense of providing them, or
otherwise secure an increment in a transaction, or carry out any other transaction or
activity, as long as such gain is not the object or purpose of the Authority's transactions
or activities and is applied to or expended upon services, projects, and activities as
aforesaid.
E. The Authority shall not issue shares of stock, pay dividends, make private
distribution of assets, make loans to its board members or employees or otherwise engage in
business for private gain.
Section 4. Charter. The charter of the Authority (the "Charter") is hereby approved
in the form set forth at Exhibit A. The Charter shall be issued in duplicate originals, each signed
by the City Mayor and bearing the City seal attested by the City Clerk. One original shall be
filed with the Clerk of the Council and filed as a public record. A duplicate original shall be
provided to the Authority.
Amendments to the Charter may be initiated by the Board Members or by the Renton
City Council. All amendments to the Charter initiated by the Renton City Council shall be
presented to the Board for consideration and approval and shall not become effective unless
approved by a majority vote of the Board. All amendments to the Charter, regardless of how
initiated, shall become effective as provided in the Charter. After adoption of a Charter
amendment, the revised Charter shall be issued and filed in the same manner as the original
Charter.
Section 5. Effect of Issuance of Charter. The Authority shall commence its existence
effective upon fulfillment of all of the following:
(a) Each of the Councils of the Member Cities has approved the creation of the
Authority by the City;
(b) This ordinance has become effective; and
(c) The charter shall have been executed, and the Charter and bylaws of the Authority
(the "Bylaws") shall be on file with the City Clerk.
Except as against the State or the City in a proceeding to cancel or revoke the Charter,
delivery of a duplicate original Charter shall conclusively establish that the Authority has been
established in compliance with the procedures of this ordinance.
Ordinance No. 09-602
Charter
Section 6. Board of Directors; Officers. The SCORE Administrative Board
established pursuant to Section 5 of the Interlocal Agreement shall act ex officio as the board of
the Authority (the "Board"). All corporate powers of the Authority shall be exercised by or
under the authority of the Board; and the business, property and affairs of the authority shall be
managed under the supervision of the Board, except as may be otherwise provided by law or in
the Charter. The Board shall have officers as provided in the Charter.
Section 7. Meeting. Within ninety (90) days after issuance of the Charter, the City
Mayor shall call an organizational meeting of the initial Board, giving at least ten (10) days'
advance written notice to each, unless waived in writing. At such meeting, the Board shall
organize itself, appoint officers, and select its place of business. All Board meetings, including
executive, all other permanent and ad hoc committee meetings, shall be open to the public to the
extent required by chapter 42.30 RCW.
Section 8. Bylaws. The Bylaws of the Authority are hereby approved in the form set
forth at Exhibit B. The power to alter, amend, or repeal the Bylaws or adopt new ones shall be
vested in the Board except as otherwise provided in the Charter. The Bylaws shall be consistent
with the Charter. In the event of a conflict between the Bylaws and this ordinance or the Charter,
this ordinance or the Charter, as the case may be, shall control.
Section 9. Funds of the Authority. All money belonging to or collected for the use of
the Authority coming into the hands of any officer thereof shall immediately be deposited with a
legal depository to the credit of the Authority for the benefit of the funds to which they belong.
The use of funds of the Authority for any purpose not authorized by law by any officer having
possession or control thereof is prohibited.
Section 10. Bonds and Notes. Bonds issued by the Authority may be secured by
revenues and receipts as may be designated in the proceedings under which the issuance of the
bonds or notes is authorized. All Bonds issued shall carry in a prominent place thereon the
statement set forth in Section l(D) of this ordinance. All Bonds or liabilities occurring
thereunder shall be satisfied exclusively from the assets or credit of the Authority, and no
creditor or other person shall have any recourse to the assets, credit, or services of the City
thereby, unless the City shall expressly, in writing, guarantee such debt.
Bonds of the Authority may be sold at such price or prices, at public or private sale, in
such manner and from time to time as may be determined by the Authority. The Authority may
issue Bonds from time to time that are secured by the full faith and credit of the Member Cities
in the aggregate principal amount of not to exceed $100,000,000 (not including any bonds or
notes to be refunded with proceeds of such Bonds) for the purposes set forth in the Interlocal
Agreement. Bonds issued in excess of such amount shall require additional council approval by
each Member City. Bonds may be payable at such place or places whether within or without the
State, may bear interest at such rate or rates, may be in such form and denominations and of such
tenor and maturities, may be in bearer form or in registered form as to principal and interest or as
to principal alone, reserve such rights to redeem at such price or prices and after such notice or
notices and on such terms and conditions, all as the Authority may determine and provide in the
proceedings under which such Bonds shall be issued.
Ordinance No. 09-602
Charter
The Authority may at the time of the issuance of such Bonds make such covenants with
the purchasers and holders of said Bonds as it may deem necessary to secure and guarantee the
payment of the principal thereof and the interest thereon, including but not limited to: covenants
to set aside adequate reserves to guarantee payment of principal and interest; to appoint a trustee
or trustees to safeguard the expenditure of the proceeds of sale of such Bonds and to take
possession and use or operate and manage corporate assets securing the Bonds in event of default
or insolvency of the Authority, with such powers as maybe contained in any covenants relating
to the Bonds; and to limit the amount, time, and conditions under which additional Bonds may be
issued or debts incurred.
The Authority may pay expenses, premiums and commISSIOns which it may deem
necessary in connection with the issuance and sale of its Bonds and take such other actions or
make such commitments as are necessary or convenient in the issuance and servicing of such
Bonds and as are consistent with this ordinance although not enumerated herein.
Section 11. Discrimination Prohibited. Membership to the Board shall not be directly
or indirectly based upon or limited by age, race, color, religion, sex, national origin, sexual
orientation or the presence of any physical handicap. Furthermore, the Authority shall not
discriminate in any matter related to employment because of age, race, color, religion, sex,
national original, sexual orientation or the presence of any physical handicap. The Authority
shall, in all solicitation or advertisements for employees placed by or on behalf of the Authority,
if any, state that all qualified applicants will receive consideration for employment without
regard to age, race, color, religion, sex, national origin, sexual orientation or the presence of any
physical handicap.
Section 12. Dissolution.
A. If five of the Councils of the Member Cities, each by ordinance, make an
affirmative finding that dissolution is warranted for any reason, the existence of the Authority
shall be terminated by ordinance of the Renton City Council. Dissolution shall be accomplished
as provided in the Charter, and shall not take effect until proper provision has been made for
disposition of all Authority assets, if any.
B. Upon enactment of an ordinance by the Renton City Council for dissolution of the
Authority, the Authority shall file a dissolution statement signed by its president setting forth:
(i) The name and principal office of the Authority;
(ii) The debts, obligations and liabilities of the Authority, and the property and
assets available to satisfy the same; the provisions to be made for satisfaction of
outstanding liabilities and performance of executory contracts; and the estimated time for
completion of its dissolution;
(iii) Any pending litigation or contingent liabilities;
Ordinance No. 09-602
Charter
(iv) The Board resolution providing for such dissolution and the date(s) and
proceedings leading toward its adoption, whenever the dissolution be voluntary; and
(v) A list of persons to be notified upon completion ofthe dissolution.
The City Mayor shall review the dissolution statement filed and oversee the dissolution to
protect the public interest and prevent impairment of obligation, or if so authorized by law,
authorize or initiate proceedings in the Superior Court for the appointment and supervision of a
receiver for such purposes.
Upon satisfactory completion of dissolution proceedings, the City shall indicate such
dissolution by inscription of "charter cancelled" on the original Charter of the Authority, on file
with the Clerk of the Council and, when available, on the duplicate original of the Authority, and
the existence of the Authority shall cease. The City shall give notice thereof pursuant to
Washington State law and to other persons requested by the Authority in its dissolution
statement.
C. Upon dissolution of the Authority or the winding up of its affairs, title to all
remaining assets or propeny of the Authority shall vest in SCORE as provided in the Charter.
D. Notwithstanding the foregoing, the Authority shall not be dissolved until all
Bonds issued by the Authority are no longer outstanding.
Section 13. Public Corporation. The Authority is a public corporation created
pursuant to RCW 35.21.730 through 35.21.755 as a separate legal entity from the City.
Section 14. Ancillarv Authoritv. The administrative staff of the City are granted all
such power and authority as reasonably necessary or convenient to enable each of them to
administer this ordinance efficiently and to perform the duties imposed in this ordinance or the
Charter.
Section 15. Liberal Construction. This ordinance shall be liberally construed so as to
effectuate its purposes and the purposes ofRCW 35.21.730 through 35.21.755.
Section 16. Severability. Should any section, subsection, paragraph, sentence,
clause, or phrase of this chapter, or its application to any person or situation, be declared
unconstitutional or invalid for any reason, such decision shall not affect the validity of the
remaining portions of this chapter or its application to any other person or situation. The City
Council of the City of Federal Way hereby declares that it would have adopted this chapter and
each section, subsection, sentence, clauses, phrase, or portion thereof, irrespective of the fact that
anyone or more sections, subsections, sentences, clauses, phrases, or portions be declared
invalid or unconstitutional.
Ordinance No. 09-602
Charter
Section 17 . Corrections. The City Clerk and the codifiers of this ordinance are
authorized to make necessary corrections to this ordinance including, but not limited to, the
correction of scrivener/clerical errors, references, ordinance numbering, section/subsection
numbers and any references thereto.
Section 18. Ratification. Any act consistent with the authority and prior to the effective
date of this ordinance is hereby ratified and affirmed.
Section 19. Effective Date. This ordinance shall take effect and be in force thirty (30)
days from and after its passage and publication, as provided by law.
PASSED by the City Council ofthe City of Federal Way this 6th day of January 2009.
CITY OF FEDERAL WAY
MAYOR, JACK DOVEY
ATTEST:
CITY CLERK, CAROL MCNEILLY, CMC
APPROVED AS TO FORM:
CITY ATTORNEY, PATRICIA A. RICHARDSON
FILED WITH CITY CLERK: 12-30-2008
PASSED BY CITY COUNCIL: 01-06-2009
PUBLISHED NEWP APER: 01-10-2009
EFFECTIVE DATE: 01-15-2009
ORDINANCE NO.: 09-662
Ordinance No. 09-602
Charter
Ordinance No. 09-602
Charter
CHARTER
OF
SOUTH CORRECTIONAL ENTITY FACILITY
PUBLIC DEVELOPMENT AUTHORITY
TABLE OF CONTENTS
Pa2e
NAME AND AUTHORITY SEAL ................................................................. 1
AUTHORITY FOR SOUTH CORRECTIONAL ENTITY FACILITY
PUBLIC DEVELOPMENT AUTHORITY; LIMIT ON LIABILITy............ 1
Section 1. Authority.. .... ................. ............. ..... ... ......... ......... ............ ...... ....... 1
Section 2. Limitation on Liability .................................................................. 1
Section 3. Mandatory Disclaimer... .... .............. ......... ................... ....... ........... 2
DURATION OF AUTHORITY .......................................................................3
PURPOSE OF AUTHORITY .......................................................................... 3
POWERS OF AUTHORITY ...........................................................................3
LIMITS ON AUTHORITY POWERS............................................................. 4
ORGANIZATION OF AUTHORITy.... ............ ........... ........................ ........... 5
Section 1. Board of Directors and Tenure...................................................... 5
Section 2. Board Concurrence and Quorum Defined..................................... 5
Section 3. Right to Indemnification ...............................................................6
Section 4. Conflict of Interest and Code of Ethics......................................... 6
ARTICLE VIII OFFICERS OF AUTHORITY ......................................................................... 6
Section 1. Officers and Division of Duties .................................................... 6
Section 2. Committees ....... ................ .......... .... .... ..... ........ ... ..... ............ ......... 7
ARTICLE I
ARTICLE II
ARTICLE III
ARTICLE N
ARTICLE V
ARTICLE VI
ARTICLE VII
ARTICLE IX
ARTICLE X
ARTICLE XI
ARTICLE XII
ARTICLE XIII
Ordinance No. 09-602
Charter - i
COMMENCEMENT OF AUTHORITy......................................................... 7
BYLAWS.. ..... ....... ............ ... ......... ......... .............. ......... ..................... ... ....... .... 7
MEETINGS OF THE AUTHORITy............................................................... 7
Section 1. Time and Place of Meetings.......................................................... 7
Section 2. Notice of Meetings. ..... .... ..... ......... ....... ....... ...... ... ................... ...... 7
Section 3. Notice of Special Board Meetings ................................................ 8
Section 4. Waiver of Notice ... ... .... ..... ...... ...... .............. .............. ....... ..... ........ 8
Section 5. Notice to City Council.................................................................. 8
Section 6. Open Public Meetings................................................................... 8
Section 7. Telephonic Participation ............................................................... 9
Section 8. Parliamentary Authority........... ........ ......... .......... ............ ... .... .......9
Section 9. Minutes. ... ......... .................. ........ ................... ................... ............ 9
CONSTITUENCy........ .......... ............ ........ ............. ................... ............ ......... 9
AMENDMENTS TO CHARTER AND BYLAWS ........................................ 9
Section 1. Proposals to Amend Charter and Bylaws...................................... 9
Section 2. Proposals Initiated by the Board ................................................... 9
Section 3. Board Consideration of Proposed Amendments......................... 10
Section 4. Vote Required for Amendments to Charter or Bylaws............... 10
Section 5. City Council Approval of Proposed Charter Amendments ........ 10
ARTICLE XN MISCELLANEOUS.... ...... ............. ............ .... ... ......... ..... ... ..... ..... .......... ........ 10
Section 1. Geographic Limitation ................................................................ 10
Section 2. Safeguarding of Funds ................................................................ 11
Section 3. Public Records ............................................................................ 11
Section 4. Reports and Information; Audits................................................. 11
Section 5. Dissolution.. .... ..... ........ ........... ..... ..... ................. ........ ....... .......... 11
Section 6. Nondiscrimination..... ........ .............. ......... ...... .... .......... ... ............ 12
Section 7. Nonexclusive Charter... ...... ........... ...................... ... ......... ............ 12
ARTICLE XV APPROVAL OF CHARTER ......................................................................... 12
Ordinance No. 09-602
Charter - ii
CHARTER
OF
SOUTH CORRECTIONAL ENTITY FACILITY
PUBLIC DEVELOPMENT AUTHORITY
ARTICLE I
NAME AND AUTHORITY SEAL
The name of this corporation shall be the "South Correctional Entity Facility Public
Development Authority" (hereinafter referred to as the "Authority"). The corporate seal of the
Authority shall be a circle with the name of the Authority and the word "SEAL" inscribed
therein.
ARTICLE II
AUTHORITY FOR SOUTH CORRECTIONAL ENTITY FACILITY PUBLIC
DEVELOPMENT AUTHORITY; LIMIT ON LIABILITY
Section 1.
Authority.
The Authority is a public corporation organized pursuant to Revised Code of Washington
("RCW") 35.21.730 through 35.21.755, as the same now exist or may hereafter be amended, or
any successor act or acts (the "Act") and Ordinance No. of the City of Renton,
Washington, passed on ,2008 (the "Ordinance"). Formation of the Authority
was approved by Ordinance No. _ of the City of Auburn, passed on , 2008,
Ordinance No. of the City of Des Moines, passed on , 2008, Ordinance
No. 09-xxx of the City of Federal Way, passed on January 6, 2009, Ordinance No. of
the City of Tukwila, passed on , 2008, Ordinance No. _ of the City of Burien,
passed on , 2008, and Ordinance No. _ of the City of SeaTac, passed on
,2008.
Section 2.
Limitation on Liability.
All liabilities incurred by the Authority shall be satisfied (a) in the case of obligations or
liabilities of the Authority which are not limited recourse in nature, exclusively from the assets,
credit, and properties of the Authority, or (b) in the case of obligations or liabilities of the
Authority which, by their terms, are limited recourse obligations, from such assets, properties or
revenues of the Authority as shall be specifically pledged thereto or otherwise identified as being
the source of payment of such limited recourse obligations or liabilities, and no creditor or other
person shall have any right of action against or recourse to the Cities of Renton, Auburn, Des
Moines, Federal Way, Tukwila, Burien and SeaTac, Washington (collectively, the "Member
Cities"), its assets, credit, or services, on account of any debts, obligations, liabilities or acts or
omissions of the Authority.
Ordinance No. 09-602
Exhibit A Charter - 1
Section 3.
Mandatory Disclaimer.
The following disclaimer shall be posted in a prominent place where the public may
readily see it in the Authority's principal and other offices. It shall also be printed or stamped on
all contracts, bonds, and other documents that may entail any debt or liability by the Authority.
The South Correctional Entity Facility Public Development
Authority is organized pursuant to Ordinance No. _ of the City
of Renton, Washington adopted on , 2008, and
approved by Ordinance No. _ of the City of Auburn,
Washington adopted on ,2008, Ordinance No. _ of
the City of Des Moines, Washington adopted on
2008, Ordinance No.09-xxx of the City of Federal Way,
Washington adopted on January 6, 2009, Ordinance No. _ of
the City of Tukwila, Washington adopted on , 2008,
Ordinance No. _ of the City of Burien, Washington adopted on
, 2008, and Ordinance No. _ of the City of SeaTac,
Washington adopted on , 2008, each as existing or as
hereinafter amended, and RCW 35.21.730 through 35.21.755.
RCW 35.21.750 provides as follows: "[A]llliabilities incurred by
such public corporation, commission, or authority shall be satisfied
exclusively from the assets and properties of such public
corporation, commission, or authority and no creditor or other
person shall have any right of action against the city, town, or
county creating such corporation, commission, or authority on
account of any debts, obligations or liabilities of such public
corporation, commission, or authority."
In no event shall the obligations of the Authority be payable by
recourse against any properties, assets or revenues of the Cities of
Renton, Auburn, Des Moines, Federal Way, Tukwila, Burien or
SeaTac, Washington or any other political subdivision of the State
of Washington. No person to whom such obligations are owed
shall have any recourse or right of action against the Cities of
Renton, Auburn, Des Moines, Federal Way, Tukwila, Burien, or
SeaTac, Washington, the State of Washington or any other
political subdivision thereof on account of such obligations, except
to enforce the payments obligated to be made by ordinance by each
of the Cities of Renton, Auburn, Des Moines, Federal Way,
Tukwila, Burien or SeaTac, Washington.
Any of the Member Cities may, by ordinance or contract or pursuant to interlocal agreement,
agree to pay (on a contingent basis or otherwise), all or any portion of the obligations of the
Authority; however, (1) no Member City shall be obligated beyond the proportion or sum
specified by ordinance or contract, and (2) no Member City shall be obligated, directly or
indirectly for the obligations of any other Member City.
Ordinance No. 09-602
Charter - 2
ARTICLE III
DURATION OF AUTHORITY
The duration of this corporation shall be perpetual.
ARTICLE IV
PURPOSE OF AUTHORITY
Pursuant to chapter 39.34 RCW, the Member Cities have entered into the SCORE
Interlocal Agreement (the "lnterlocal Agreement") for the formation of a governmental
administrative agency known as the South Correctional Entity ("SCORE"). SCORE is
responsible for the establishment and maintenance of a consolidated correctional facility (the
"SCORE Facility") to serve the Member Cities and federal and state agencies and other local
governments that may contract with SCORE to provide correctional services essential to the
preservation of the public health, safety and welfare. The purpose of the Authority is to provide
an independent legal entity under RCW 35.21.730-.755 and the Ordinance to issue debt to
finance and refinance the acquisition, construction, equipping and improvement of the SCORE
Facility. Such debt may be issued in one or more series, may be in the form of bonds, notes or
other evidences of indebtedness to provide interim and permanent financing for the SCORE
Facility and thereafter, to finance or refinance equipment, completion, expansion and other
capital improvements essential to maintain the SCORE Facility's functionality as deemed
necessary by the Board. Such bonds, notes, and other evidences of indebtedness are collectively
referred to herein as the "Bonds." Bonds may be issued from time to time by the Authority
upon a supermajority vote of the Board. A "supermajority vote of the Board," as used in this
Article, may be obtained at any regular or special Board meeting by an affirmative vote of a
majority plus one of the Board members, two of which shall have the highest and the second
highest average daily population at the SCORE Facility calculated at the time ofthe vote.
For the purpose of securing the exemption from Federal income taxation for interest on
obligations of the Authority, the Authority constitutes an authority and instrumentality of the
City of Renton, Washington (within the meaning of those terms in regulations of the United
States Treasury and rulings of the Internal Revenue Service prescribed pursuant to Section 103
and Section 115 of the Internal Revenue Code of 1986, as amended).
ARTICLE V
POWERS OF AUTHORITY
The Authority shall have and may exercise all lawful powers conferred by State laws, the
Ordinance, this Charter and its Bylaws. The Authority in all of its activities and transactions
shall be subject to the powers, procedures, and limitations contained in the Ordinance.
Ordinance No. 09-602
Charter - 3
ARTICLE VI
LIMITS ON AUTHORITY POWERS
The Authority in all activities and transactions shall be limited in the following respects:
1. The Authority shall have no power of eminent domain or any power to levy taxes
or special assessments.
2. Except as otherwise agreed to by a Member City, the Authority may not incur or
create any liability that permits recourse by any contracting party or member of the public to any
assets, services, resources, or credit of a Member City.
3. No funds, assets, or property of the Authority shall be used for any partisan
political activity or to further the election or defeat of any candidate for public office; nor shall
any funds or a substantial part of the activities of the Authority be used for publicity or
educational purposes designed to support or defeat legislation pending before the Congress of the
United States, or the legislature of the State or the Council of a Member City; provided,
however, that funds may be used for representatives of the Authority to communicate with
members of Congress, State legislators or members of the Councils of the Member Cities
concerning funding and other matters directly affecting the Authority, so long as such activities
do not constitute a substantial part of the Authority's activities.
4. All funds, assets, or credit of the Authority shall be applied toward or expended
upon services, projects, and activities authorized by this Charter. No part of the net earnings of
the Authority shall inure to the benefit of, or be distributable as such to, Board Members, officers
or other private persons, except that the Authority is authorized and empowered to:
(A) Reimburse Board Members, employees and others performing services for
the Authority reasonable expenses actually incurred in performing their duties, and
compensate employees and others performing services for the Authority a reasonable
amount for services rendered;
(B) Assist Authority Board Members or employees as members of a general
class of persons to be assisted by a corporate-approved project or activity to the same
extent as other members of the class as long as no special privileges or treatment accrues
to such Board Member or employee by reason of his or her status or position in the
Authority;
(C) Defend and indemnify any current or former Board Member or employee
and their successors against all costs, expenses, judgments, and liabilities, including
attorneys' fees, reasonably incurred by or imposed upon him or her in connection with or
resulting from any claim, action, or proceeding, civil or criminal, in which he or she is or
may be made a party by reason of being or having been a Board Member or employee or
by reason of any action alleged to have been taken or omitted by him or her in such
position, provided that he or she was acting in good faith on behalf of the Authority and
Ordinance No. 09-602
Charter - 4
within the scope of duties imposed or authorized by 'law. This power of indemnification
shall not be exclusive of other rights to which Board Members or employees may be
entitled as a matter oflaw;
(D) Purchase insurance to protect and hold personally harmless any current or
former Board Member or employee and their successors from any action, claim, or
proceeding instituted against the foregoing individuals arising out of the performance, in
good faith, of duties for, or employment with, the Authority and to hold these individuals
harmless from any expenses connected with the defense, settlement, or monetary
judgments from such actions, claims, or proceedings. The purchase of such insurance
and its policy limits shall be discretionary with the Board Members, and such insurance
shall not be considered to be compensation to the insured individuals. The powers
conferred by this subsection shall not be exclusive of any other powers conferred by law
to purchase liability insurance; and
(E) Sell assets for a consideration greater than their reasonable market value
or acquisition costs, charge more for services than the expense of providing them, or
otherwise secure an increment in a transaction, or carry out any other transaction or
activity, as long as such gain is not the object or purpose of the Authority's transactions
or activities and is applied to or expended upon services, projects, and activities as
aforesaid.
5. The Authority shall not issue shares of stock, pay dividends, make private
distribution of assets, make loans to its Board Members or employees or otherwise engage in
business for private gain.
ARTICLE VII
ORGANIZATION OF AUTHORITY
Section 1.
Board of Directors and Tenure
The management of all Authority affairs shall reside in a Board of Directors. The
SCORE Administrative Board created pursuant to Section 4 of the Interlocal Agreement,
including all amendments, shall act ex officio as the Board of the Authority. Board Members
shall have terms coextensive with their terms as members of the SCORE Administrative Board.
Ordinance No. 09-602
Charter - 5
Section 2. Board Concurrence and Quorum Defined. "Board concurrence" may
be obtained at any regular or special Board meeting by an affirmative vote of a majority of the
Board Members voting on the issue, provided that such majority equals not less than four (4)
votes. Four (4) voting Board Members must be present at any regular or special meeting of the
Board to comprise a quorum, and for the Board to transact any business. Proxy voting shall not
be allowed. The Bylaws of the Authority may prescribe Board quorum restrictions that equal or
exceed the quorum restrictions imposed in this Section. Board Members present at a duly
convened meeting may continue to transact business notwithstanding the departure of enough
members to leave less than a quorum.
Section 3.
Right to Indemnification.
To the extent permitted by law, the Authority may protect, defend, hold harmless and
indemnify any person who becomes a director, officer, employee or agent of the Authority, and
who is a party or threatened to be made a party to a proceeding by reason related to that person's
conduct as a director, officer, employee or agent of the Authority, against judgments, fines,
penalties, settlements and reasonable expenses (including attorneys' fees) incurred by him or her
in connection with such proceeding, if such person acted in good faith and reasonably believed
his or her conduct to be in the Authority's best interests and if, in the case of any criminal
proceedings, he or she had no reasonable cause to believe his or her conduct was unlawful. The
indemnification and protection provided herein shall not be deemed exclusive of any other rights
to which a person may be entitled as a matter of law or by contract or by vote of the Board of
Directors. The Authority may purchase and maintain appropriate insurance for any person to the
extent provided by the applicable law.
Section 4.
Conflict of Interest and Code of Ethics.
The Authority shall, in the Bylaws, adopt a code of ethics policy for Board Members. All
Board Members will be required to disclose any information concerning actions or activities of
the candidate or his/her immediate family that present a potential conflict of interest as a Board
Member.
ARTICLE VIII
OFFICERS OF AUTHORITY
Section 1.
Officers and Division of Duties.
The Authority shall have at least one officer, the President, selected as provided in the
Bylaws. Subject to the control of the Board, the President shall have general supervision,
direction and control of the business and affairs of the Authority. The President shall be the
agent of the Authority for service of process. On matters decided by the Authority, unless
otherwise required under the Ordinance or by this Charter, the signature of the President alone is
sufficient to bind the corporation.
The Bylaws may designate additional corporate officials as agents to receive or initiate
Ordinance No. 09-602
Charter - 6
process. The Board also may provide for additional officers, e.g., Vice President, Secretary,
and/or Treasurer. The President and the Treasurer may not be the same person. The day to day
affairs of the Authority, including debt administration, shall be managed by the Facilities
Director ofthe SCORE Facility, in the manner provided in the Interlocal Agreement.
Section 2.
Committees.
The Bylaws may provide for an Executive Committee, which shall be appointed and/or
removed by the Board, and shall have and exercise such authority of the Board in the
management between meetings of the Board, as may be specified in the Bylaws. The
appointment of other committees shall be provided for in the Bylaws.
ARTICLE IX
COMMENCEMENT OF AUTHORITY
The Authority shall commence its existence effective upon the issuance of its Charter as
sealed and attested by the City Clerk of the City of Renton as provided in the Ordinance.
ARTICLE X
BYLAWS
The initial Bylaws may be amended by the Board to provide additional or different rules
governing the Authority and its activities as are not inconsistent with this Charter. The Board
may provide in the Bylaws for all matters related to the governance of the Authority, including
but not limited to matters referred to elsewhere in the Charter for inclusion therein.
ARTICLE XI
MEETINGS OF THE AUTHORITY
Section 1.
Time and Place of Meetings.
Regular meetings of the Board shall be held at least two times per year at a regular time
and place to be determined by the Board by resolution. At the last regular meeting of the
calendar year, the Board shall adopt a resolution specifying the date, time and place of regular
meetings for the upcoming calendar year. A copy of the resolution shall be distributed in the
same manner as notice of special meetings is provided pursuant to Section 3 below. Special
meetings of the Board may be held at any place at any time whenever called by the President or a
majority of the Board Members.
Section 2.
Notice of Meetings.
No notice of regular meetings shall be required, except for the first regular meeting after
any change in the time or place of such meeting adopted by resolution of the Board as provided
Ordinance No. 09-602
Charter - 7
above. Notice of such changed regular meeting shall be given by the President or by the person
or persons calling the meeting by email or by personal communication over the telephone to each
Board Member least 24 hours prior to the time of the meeting or by at least three (3) days' notice
by mail, telegram, electronic or written communication. If mailed, notice shall be mailed by
United States mail, postage prepaid, to the last known address of each Board Member.
Section 3.
Notice of Special Board Meetings.
Notice of all special meetings of the Board of Directors shall be given by the President or
by the person or persons calling the special meeting in accordance with RCW 42.30.080 by
delivering personally, by electronic means or by mail written notice at least 24 hours prior to the
time of the meeting to each Board Member, to each local newspaper of general circulation and to
each radio or television station that has requested notice and to any other individual specifically
requesting it in writing. The call and notice of all special meetings shall specify the time and
place of all special meetings and the business to be transacted. Final disposition shall not be
taken by the Board on any other matters at such special meetings. At any regular meeting of the
Board, any business may be transacted and the Board may exercise all of its powers.
Section 4.
Waiver of Notice.
Notice as provided in Sections 2 and 3 hereof may be dispensed with as to any member
of the Board who at or prior to the time the meeting convenes files with the Board of the
Authority a written waiver of notice or who is actually present at the meeting at the time it
convenes. Such notice may also be dispensed with as to special meetings called to deal with an
emergency involving injury or damage to persons or property or the likelihood of such injury or
damage, where time requirements of such notice would make notice impractical and increase the
likelihood of such injury or damage. Notice, as provided in Article XIII of this Charter
concerning proposed amendments to this Charter or Bylaws and votes on such amendments, may
not be waived.
Section 5.
Notice to City Council.
Notice of all meetings and minutes of all meetings of the Board shall be given to the City
Council of the Member Cities by giving notice to the City Clerk of each of the foregoing
Member Cities.
Section 6.
Open Public Meetings.
All Board meetings, including executive, all other permanent and ad hoc committee
meetings, shall be open to the public to the extent required by chapter 42.30 RCW. The Board
and committees may hold executive sessions to consider matters enumerated in chapter 42.30
RCW or privileged matters recognized by law, and shall enter the cause therefor in its official
journal. Notice of meetings shall be given in a manner consistent with the Ordinance and
chapter 42.30 RCW. In addition, the Authority shall provide reasonable notice of meetings to
any individual specifically requesting it in writing. At such meetings, any person shall have a
reasonable opportunity to address the Board either orally or by written petition.
Ordinance No. 09-602
Charter - 8
Section 7.
Telephonic Participation
Board Members may participate in a regular or special meeting through the use of any
means of communication by which all Board Members and members of the public participating
in such meeting can hear each other during the meeting. Any Board Member participating in a
meeting by such means is deemed to be present in person at the meeting for all purposes
including, but not limited to, establishing a quorum.
Section 8.
Parliamentary Authority.
The rules in Robert's Rules of Order (newly revised) shall govern the Authority in all
cases to which they are applicable, where they are not inconsistent with this Charter or with the
special rules of order of the Authority set forth in the Bylaws.
Section 9.
Minutes.
Copies of the minutes of all regular or special meetings of the Board shall be available to
any person or organization that requests them. The minutes of all Board meetings shall include a
record of individual votes on all matters requiring Board approval.
ARTICLE XII
CONSTITUENCY
There shall be no constituency of the Authority.
ARTICLE XIII
AMENDMENTS TO CHARTER AND BYLAWS
Section 1.
Proposals to Amend Charter and Bylaws.
Proposals to amend this Charter may be initiated by the Renton City Councilor by the
Board Members. Proposals to amend the Bylaws may be initiated by the Board Members.
Proposals to amend the Charter initiated by the Renton City Council shall be presented to the
Board in a format as provided in Section 2(1), in accordance with the terms of the Ordinance.
Proposals to amend the Charter or the Bylaws may be initiated by the Board in the manner
described in the following Sections 2 and 3.
Section 2.
Proposals Initiated by the Board.
1. Proposals to amend the Charter or Bylaws shall be presented in a format which
strikes over material to be deleted and underlines new material.
2. Any Board Member may introduce a proposed amendment to the Charter or to the
Ordinance No. 09-602
Charter - 9
Bylaws (which may consist of new Bylaws) at any regular meeting or at any special meeting of
which 30 days advance written notice has been given to members of the Board. Any notice
required by this Article may be given by telegram, electronic or written communication. If
mailed, notice shall be mailed by United States mail, postage prepaid, to the last known address
of each Board Member.
Section 3.
Board Consideration of Proposed Amendments.
If written notice of a proposed amendment to the Charter or to the Bylaws, and
information, including the text of the proposed amendment and a statement of its purpose and
effect, is provided to Board Members at least 30 days prior to any regular Board meeting or any
special meeting of which advance notice has been given, then the Board may vote on the
proposed amendment at the same meeting as the one at which the amendment is introduced.
Germane amendments to the proposed amendment within the scope of the original amendment
will be permitted at the meeting at which the vote is taken.
Section 4.
Vote Required for Amendments to Charter or Bylaws.
Resolutions of the Board approving proposed amendments to the Charter or Bylaws
require an affirmative vote of a majority of the Board members voting on the issue, provided that
such majority equals not less than four (4) votes. Amendments to this Charter shall be effective
as provided in Section 5 of this Article. Amendments to the Bylaws shall be effective upon
adoption by the Board.
Section 5.
City Council Approval of Proposed Charter Amendments.
Proposed Charter amendments initiated and approved by the Board shall be submitted to
the each of the Councils of the Member Cities; provided, however, that no amendment to the
Charter shall be effective until approved by the Renton City Council and the Councils of four (4)
of the other Member Cities.
ARTICLE XIV
MISCELLANEOUS
Section 1.
Geographic Limitation.
The Authority may conduct activities outside of the boundaries of the City of Renton,
Washington, including but not limited to acquiring, equipping, constructing, improving and
maintaining the SCORE Facility located in the City of Des Moines, Washington, upon
determination by the Renton City Council that each such activity will further the purposes of the
Authority, subject, however, to the applicable limitations set forth in RCW 35.21.740.
Ordinance No. 09-602
Charter - 10
Section 2.
Safeguarding of Funds.
Authority funds shall be deposited in a qualified public depository as determined by the
Washington Public Deposit Protection Commission.
Section 3.
Public Records.
The Authority shall maintain all of its records in a manner consistent with the
Preservation and Destruction. of Public Records Act, chapter 40.14 RCW. The public shall have
access to records and information of the Authority to the extent as may be required by applicable
laws.
Section 4.
Reports and Information; Audits.
Within three (3) months after the end of the Authority's fiscal year, the Authority shall
file an annual report with the Finance Director and Council of each Member City containing an
audited statement of assets and liabilities, income and expenditures and changes in the
Authority's financial position during the previous year; a summary of significant
accomplishments; a list of depositories used; a projected operating budget for the current fiscal
year; a summary of projects and activities to be undertaken during the current year; a list of a list
of officers of the Board; and a list of individuals, if any, that are bonded pursuant.
The Authority shall, at any time during normal business hours and as often as each City
Finance Director or the State Auditor deem necessary, make available to each City Finance
Director and the State Auditor for examination all of the Authority's financial records, and shall
permit the each City Finance Director and State Auditor to audit, examine and make excerpts or
transcripts from such records, and to make audits of aIr contracts, invoices, materials, payrolls,
records of personnel, conditions of employment and other data relating to all the aforesaid
matters.
Section 5.
Dissolution.
Dissolution of the Authority shall be in the form and manner required by this Charter,
Washington State law, the Ordinance, and the Bylaws. Dissolution proceedings may be initiated
by the Council of any of the Member Cities or, if the Board makes an affirmative finding that
dissolution is necessary or appropriate, the Board may adopt a resolution requesting Councils of
the Member Cities to adopt an ordinance dissolving the Authority. In either case, if five (5) of
the Councils of the Member Cities, each by ordinance, make an affirmative finding that
dissolution is warranted for any reason, then the existence of the Authority shall be terminated by
ordinance of the Renton City Council.
Upon dissolution of the Authority and the winding up of its affairs, the Board shall file a
dissolution statement as provided in the Ordinance. Title to all remaining property or assets of
the Authority shall vest in SCORE or if there is no SCORE in existence at the time, then all
property and assets shall be distributed to the Member Cities in an allocable amount calculated as
provided in the Interlocal Agreement.
Ordinance No. 09-602
Charter - 11
Notwithstanding the foregoing, the Authority shall not be dissolved until all Bonds issued
by the Authority are no longer outstanding. [question for the working group - would you like to
add a provision that automatically dissolves the Authority once the debt is paid off?]
Section 6.
Nondiscrimination.
Membership to the Board shall not be directly or indirectly based upon or limited by age,
race, color, religion, sex, national origin, or the presence of any physical handicap. Furthermore,
the Authority shall not discriminate in any matter related to employment because of age, race,
color, sex, national original, or the presence of any physical handicap. The Authority shall, in all
solicitation or advertisements for employees placed by or on behalf of the Authority, if any, state
that all qualified applicants will receive consideration for employment without regard to age,
race, color, religion, sex, national origin, or the presence of any physical handicap.
Section 7.
Nonexclusive Charter.
This Charter is nonexclusive and does not preclude the granting by Member Cities of
other charters to establish additional public corporations pursuant to City ordinance.
ARTICLE XV
APPROVAL OF CHARTER
ORIGINAL CHARTER APPROVED by Ordinance _ adopted by the City Council
of the City of Renton, Washington on , 2008; Ordinance 09-xxx adopted by the
City Council of the City of Federal Way, Washington on January 6, 2009; Ordinance _
adopted by the City Council of the City of Auburn, Washington on , 2008;
Ordinance _ adopted by the City Council of the City of Des Moines, Washington on
, 2008; Ordinance _ adopted by the City Council of the City of Tukwila,
Washington on ,2008; Ordinance _ adopted by the City Council of the City of
Burien, Washington on , 2008; and Ordinance _ adopted by the City Council
of the City ofSeaTac, Washington on ,2008.
This Charter is APPROVED this _ day of
,2008.
Mayor, City of Renton
ATTEST:
City Clerk
Ordinance No. 09-602
Charter - 12
EXHIBIT B
BYLAWS
OF
SOUTH CORRECTIONAL ENTITY FACILITY
PUBLIC DEVELOPMENT AUTHORITY
ARTICLE I
MEMBERSHIP
Section 1.1 Board Tenure. For the purpose of determining members of the South
Correctional Entity Facility Public Development Authority (the "Authority") Board of Directors
(the "Board") the procedures set forth in the Authority Charter (the "Charter") and the SCORE
Interlocal Agreement (the "Interlocal Agreement") by and among the Cities of Renton, Auburn,
Federal Way, Des Moines, Tukwila, Burien, and SeaTac, Washington (the "Member Cities"),
shall govern.
ARTICLE II
OFFICERS AND COMMITTEES
Section 2.1 Officers Designated. The Presiding Officer of the Administrative Board
selected in the manner provided in Section 5(e) of the Interlocal Agreement shall be the
President of the Board. Such other officers and assistant officers as may be deemed necessary
may be elected or appointed by the Board. No person may simultaneously hold more than one
office. In addition to the powers and duties specified below, the officers shall have such powers
and perform such duties as the Board may prescribe.
Section 2.2 Qualification and Term of Office. The additional officers shall be
members of the Board or any other person designated by the Board who is at the time an official
or employee of at least one ofthe Member Cities or the SCORE Facility. The additional officers
shall be elected or appointed by the Board and shall hold office for terms established as a part of
the original appointment or for terms established in accordance with the Interlocal Agreement.
Section 2.3 Removal From Office. Upon reasonable prior notice to all Board
Members of the alleged reasons for dismissal, the Board by an affirmative vote of the majority of
the Board Members may remove any officer of the Board from his or her office whenever in its
judgment the best interests ofthe Authority will be served thereby.
E
Section 2.4 Vacancies. The Board shall fill any office which becomes vacant with a
successor who shall hold office for the unexpired term and until his or her successor shall have
been duly appointed and qualified.
Ordinance No. 09-602
Bylaws 1
Section 2.5 Reimbursement. The Board may reimburse Board Members, employees
and others performing services for the Authority reasonable expenses actually incurred in
performing their duties.
Section 2.6 Establishment of Committees. The Board may, by resolution, designate
one or more other committees, including an Executive Committee, each consisting of one or
more members, to advise the Board or, on matters other than those described in the Charter to act
for and on behalf of the Board. The designation of any such committee and the delegation
thereto of authority shall not operate to relieve any Board Member of any responsibility imposed
by law. The Executive Committee, if any, shall have and exercise such powers of the Board as
the Board shall from time to time provide by resolution.
Section 2.7 Code of Ethics.
(a) Except as otherwise provided in this section, no Board Member or employee of
the Authority may:
(1) Participate in a decision ofthe Authority in which that person or a member
ofthat person's immediate family has a financial interest, unless the financial interest is a
remote financial interest and participation is approved under subsection (b) of this
section;
(2) Use his or her position to secure special privileges or exemptions for
himself, herself, immediate family members, or others;
(3) Directly or indirectly, give or receive or agree to receive any
compensation, gift, reward, or gratuity from a source except the Authority for a matter
connected with or related to such individual's services in his or her position unless
otherwise provided for by law;
(4) Accept employment or engage in business or professional activity that
such individual might reasonably expect would require or induce him or her by reason of
his or her position with the Authority to disclose confidential information acquired by
reason of his or her position; or
(5) Disclose confidential information gained by reason of such individual's
position with the Authority, or otherwise use such information for his or her personal
gain or benefit.
(b) A Board Member or employee of the Authority may participate in a decision
described in (a)(l) above if that person or a member of that person's immediate family has only a
remote financial interest, the fact and extent of such financial interest is disclosed to the Board in
a public meeting, and is noted in the minutes of the Board before any participation by the Board
Member in the decision, and thereafter in a public meeting the Board by vote authorizes or
approves the participation. If the person whose participation is under consideration is a Board
Member, that person must recuse him or herself and may not participate in a decision under this
Ordinance No. 09-602
Bylaws 2
subsection. Any Board Member with an ownership interest in property located within the
Authority area shall recuse him or herself from participating in a decision if such property is
directly benefiting from such action. For purposes of this subsection, "remote financial interest"
means:
(1) That of a nonsalaried officer of a nonprofit corporation;
(2) That of an employee or agent of a contracting party where the
compensation of the employee or agent consists entirely of fixed wages or salary and the
contract is awarded by bid or by other competitive process;
(3)
the property
corporation;
That of a landlord or tenant of a contracting party, except in cases where
subject to the lease or sublease is owned or managed by the public
(4) That ofa holder ofless than one percent of the shares of the corporation or
cooperative that is the contracting party; or
(5) That of an owner of a savings and loan or bank savings or share account or
credit union deposit account if the interest represented by the account is less than two
percent of the total deposits held by the institution.
(c) A Board Member or employee of the Authority is not considered to be financially
interested in a decision when the decision could not affect that person in a manner different from
its effect on the public at large.
(d) All Board Members shall disclose any information concerning actions or activities
of the candidate or his/her immediate family that present a potential conflict of interest as a
Board Member.
(e) For purposes of this section, "participate in a decision" includes all discussions,
deliberations, preliminary negotiations, and votes.
(f) For purposes of this section, "immediate family" means:
(1 ) A spouse or domestic partner;
(2) Any dependent parent, parent-in-law, child, son-in-law, or daughter-in-
law; and
(3) Any parent, parent-in-law, child, son-in-law, daughter-in-law, sibling,
uncle, aunt, cousin, niece or nephew residing in the household of the
Board Member or employee.
(g) The Board may adopt additional conflict of interest and ethical rules it considers
appropriate.
Ordinance No. 09-602
Bylaws 3
ARTICLE III
ADMINISTRATIVE PROVISIONS
Section 3.1 Books and Records. SCORE, on behalf of the Authority, shall keep
current and complete books and records of account and shall keep minutes of the proceedings of
its Board and its committees having any of the authority of the Board. The proceeds of any
borrowing by the Authority shall be held, invested and disbursed by SCORE, subject to the terms
and limitations established pursuant to the Interlocal Agreement. SCORE shall provide a regular
accounting of the financial affairs of the Authority to the Board at each regular Board meeting.
The obligations of the Authority shall be administered by SCORE, and SCORE is hereby
designated and delegated with full authority to administer such obligations, all in a manner
consistent with the Interlocal Agreement.
Section 3.2 Indemnification. The Authority elects to defend and indemnify its present
and former Board Members and employees and their successors, spouses, and marital
communities to the full extent authorized by law and the Charter. This right of indemnification
shall inure in perpetuity to each Board Member and employee, and his or her spouse and marital
community, commencing as soon as he or she has the full powers and responsibilities of his or
her position, and in the event of his or her death shall extend to his or her heirs, legal
representatives, and estate. Each person who shall act as a Board Member or employee of the
Authority shall be deemed to do so in reliance upon such indemnification, and such rights shall
not be exclusive of any other right which he or she may have.
Section 3.3 Principal Office. The principal office ofthe Authority shall be 1055 South
Grady Way, Renton, Washington 98057.
Section 3.4 Fiscal Year. The Fiscal Year of the Authority shall begin January 1 and
end December 31 of each year, except the first fiscal year which shall run from the date the
Charter was issued to December 31, 2009.
ARTICLE IV
APPROVAL OF BYLAWS
APPROVED by Ordinance _ adopted by the City Council of the City of Renton,
Washington on , 20_; Ordinance 09-xxx adopted by the City Council of the
City of Federal Way on January 6, 2009; Ordinance _ adopted by the City Council of the
City of Auburn on , 20_; Ordinance _ adopted by the City Council of the
City of Des Moines on ,20_; Ordinance _ adopted by the City Council of the
City of Tukwila on , 20_; Ordinance adopted by the City Council of the
City of Burien on , 20 ; and Ordinance adopted by the City Council
of the City ofSeaTac on ,20_.
Ordinance No. 09-602
Bylaws 4