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ORD 13-746ORDINANCE NO. 13 -746 AN ORDINANCE of the City of Federal Way, Washington, imposing business regulations on significant impact businesses; adding a new chapter to FWRC Title 12 Businesses. WHEREAS, the Federal Way Revised Code ( "FWRC ") allows up to five unrelated individuals to live in a single family residence, but is silent if those five individuals are all sex offenders and violent felons; and WHEREAS, the City's lack of regulatory controls resulted in the Department of Corrections allowing eight sex offenders and one "high violent" gang member to be placed in a housing provider's three bedroom house in a residential neighborhood; and WHEREAS, after the City expressed concern, the Department of Corrections responded in a letter dated June 17, 2013, that it does not review zoning or building code issues when approving the placement of sex offenders; and WHEREAS, previously the City had informed the Department of Corrections of building code violations and overcrowding issues, which had no impact on the Department of Corrections subsequent approval of sex offenders and violent felons at this location; and WHEREAS, the Department of Corrections internal policies for sex offender housing providers requires that the facilities comply with building codes and occupancy limits; and WHEREAS, in the absence of the Department of Corrections ability to follow its internal policies, the City desires to regulate these housing providers; and Ordinance No. 13 -746 Page I of 4 Rev 1/10 WHEREAS, Engrossed Senate Bill 5015 authorizes the City to provide the Department of Corrections with a community impact statement that includes the locations of sex offender housing providers within the City; and WHEREAS, a housing provider, providing housing to two or more sex offenders or violent felons in the same dwelling unit is operating a business; and WHEREAS, requiring a business license will assist the City in identifying these housing providers; and WHEREAS, the City anticipates that with the closing of the above provider in the City, the City of Kent's recent sex offender housing enforcement activity, and the City of Puyallup's recently adopted regulations regarding sex offender and violent felon housing, that new housing providers may begin operating in the City; and WHEREAS, the potential adverse impacts on the public health, property, safety and welfare of the City and its citizens if this Ordinance did not take effect immediately, justify the declaration of an emergency and the designation of this ordinance as a public emergency ordinance necessary for the protection of public health, public safety, public property or the public peace by the City Council; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Title 12 of the Federal Way Revised Code is hereby amended to add a new Chapter 12.60 "Significant Impact Business" to read as follows: 12.60.010 Purpose and Authority The mission of the City of Federal Way is to provide its citizens with a safe and healthy environment in which to work, live and play. In furtherance of this mission, the City Ordinance No. 13 -746 Page 2 of 4 Rev 1/10 exercises its police and regulatory authority derived from Wash Const. Article XI, Section 11 and RCW 35A.82.020 to regulate businesses that have significant impacts to the community. 12.60.020 Definitions The definitions in this subsection apply throughout this chapter. (1) "Significant impact business" means a business that operates a congregate residential facility for sex offenders or violent felons. (2) "Congregate residential facility" means a dwelling where two or more unrelated individuals reside. 12.60.030 Licensing A significant impact business shall obtain a business registration under FWRC 12.05 and shall obtain approval as a Group Home Type III use under FWRC Title 19. Section 2. 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 any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. Section 3. 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 Ordinance No. 13 -746 Page 3 of 4 Rev 1/10 scrivener /clerical errors, references, ordinance numbering, section/subsection numbers and any references thereto. Section 4. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 5. Effective Date. By unanimous consent, the Council finds that this ordinance is needed for the immediate support of city government and is not subject to initiative or referendum pursuant to FWRC 1.30. This ordinance shall take effect and be in force upon adoption. PASSED by the City Council of the City of Federal Way this 3rd day of September, 2013. CITY OF FEDERAL WAY MAYOR, SAP PRIEST ATTEST: CTrY CLERK, CAROL MC EILLY, CM APPROVED AS TO FORM: CITY ATTORNEY, PATRICIA A. RICHARDSON FILED WITH THE CITY CLERK: 9 -3 -2013 PASSED BY THE CITY COUNCIL: 9 -3 -2013 PUBLISHED: 9 -6 -2013 EFFECTIVE DATE: 9 -3 -2013 ORDINANCE NO.: 13 -746 Ordinance No. 13 -746 Page 4 of 4 Rev 1/10