Res 09-539
RESOLUTION NO. 09-539
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 ofthe
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 ofthe Federal Way City Code into the Federal 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
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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 offwith 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 FWRC Chapter 12.40 massage licensing, is repealed.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
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FWRC 19.225.140 should be deleted. Cross reference FWCC 22-1376, FWCC 22-1377 in
FWRC 19.130.150 (FWCC 22-1 245)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 XN section 6-340; FWRC
Chapter 13.05 (FWCC 5-7); FWRC Chap 16.45 (FWCC 22~1201); andFWRC 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 vn
section 13-252); FWRC Chapter 12.25 (FWCC Chapter 9 Art vn Div 1,2 section 9-388); and
FWRC Chapter 12.30 (FWCC Chapter 9 Art VIll 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 llI).
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".
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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. Ifany 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.
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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 6th day of January, 2009.
CITY OF FEDERAL WAY
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CITY CLERK, C OL MC !L Y, CMC
APPROVED AS TO FORM:
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CITY ATTORNEY, PATRICIA A. RICHARDSON
FILED WITH THE CITY CLERK: 12-30-2008
PASSED BY THE CITY COUNCIL: 01-06-2009
EFFECTIVE DATE: 01-06-2009
RESOLUTION NO. 09-539
Resolution No. 09-539
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