HomeMy WebLinkAbout4347 OrdinanceORDINANCE NO. q 3�f7
AN ORDINANCE of the City of Pasco, Washington Amending PMC
2.19.080 "Powers" of the Hearing Examiner; Amending PMC 5.04.110
"Revocation of License" providing for an appeal hearing before the Hearing
Examiner; Amending PMC 5.04.115 "Reinstatement Procedures and Standards
for Reviewing an Application for Reinstatement" (and Business License); and
Amending PMC 11.02.010 "Applicability of Chapter."
WHEREAS, the City of Pasco, as authorized by Washington law, has pursuant to
Chapter 2.19 PMC, adopted the Hearing Examiner's system for the purpose of conducting public
hearings and rendering decisions for recommendation by a professional trained Hearing
Examiner to provide an efficient and reliable process for adjudication of claims; and
WHEREAS, the present business code (PMC 5.04.110), presently provides that a
revocation of a business license and the hearing of any appeal thereof, be before the City
Council; and
WHEREAS, revocation of hearings and appeals may be more efficiently heard before a
Hearing to permit the Council to better address its primary policy making and administration
responsibilities and reduce potential liability exposure for quasi-judicial decisions. NOW,
THEREFORE,
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN
AS FOLLOWS:
Section 1. That Section 2.19.080 entitled "Powers" regarding the Hearing Examiner
for the City of Pasco of the Pasco Municipal Code shall be and hereby is amended and shall read
as follows:
2.19.080 POWERS. The examiner shall receive and examine available
information, conduct public hearings and prepare a record thereof, and enter decisions as
provided for herein. The examiner, subject to the appropriate conditions and safeguards as
provided by the Pasco Municipal Code, shall hear and decide:
A) Land use decisions including variances, review of administrative actions, waiver
of violations, extension of use on border of district, and administrative exceptions as provided in
PMC 25.84.020.
B) Administrative Decisions. Appeals of administrative decisions or determinations
may be heard by the examiner as directed by the City Manager, City Council or by Ordinance.
C) SEPA Appeals. Appeals or administrative decisions and determinations made
pursuant to Chapter 43.21 C RCW may be heard by the examiner.
D) Vehicle Impounds. The examiner shall conduct vehicle impound hearings as
provided in PMC Chapter 10.18.
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E) Criminal Seizure and Forfeiture Hearings. The examiner may, as designee of the
Chief Law Enforcement Officer of the City of Pasco, conduct seizure and forfeiture hearings as
provided in RCW 10.105.010.
F) Animal Code - - Wild, Potentially Dangerous or Dangerous Animals. The
examiner shall hear the appeal of any owner of an animal determined by the Poundmaster to be a
dangerous or potentially dangerous animal as provided in Chapter 8.02 of the Pasco Municipal
Code.
G) Hear revocations, appeals, and requests for reinstatement of business licenses
under Title 5 PMC.
6H) Other Powers. In the performance of duties prescribed by this Chapter or other
ordinances, examiners may:
1) Administer oaths and affirmations, examine witnesses, rule upon offers of
proof, receive relevant evidence, and conduct discovery procedures which may include
propounding interrogatories and taking oral depositions pursuant to Washington State
Court Rules; PROVIDED, that no person shall be compelled to divulge information
which he could not be compelled to divulge in a court of law.
2) Upon the request of any other party, or upon his own volition, issue, and
cause to be served subpoenas to the attendance of witnesses and for production of
examination of any books, records, or other information in the possession or under the
control of any witness; PROVIDED, that such subpoenas shall state the name and address
of the witness sought, and if for production of books, documents or things, shall
specifically identify the same and the relevance thereof to the issues involved.
3) Regulate the course of the hearing in accordance with this and other
applicable ordinances.
4) Hold conferences for the settlement or simplification of the issues by
consent of the parties.
5) Dispose of procedural requests or similar matters.
6) Take any other action authorized by ordinance. In case of failure or
refusal without lawful excuse of any person duly subpoenaed to attend pursuant to said
subpoena, or to be sworn, or to answer any material and proper question, or to produce
upon reasonable notice any material of proper books or records or other information in
his possession and under his control, the examiner may invoke the aid of the City
Attorney who shall apply to the appropriate court for an order or other court action
necessary to secure enforcement of the subpoena.
7) The examiner is hereby empowered to act in lieu of the Board of
Adjustment, and such officials, boards or commissions as may be assigned. Wherever
existing ordinances, codes or policies authorize or direct the Board of Adjustment, or
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other officials, boards or commissions to undertake certain activities which the examiner
has been assigned, such ordinances, codes or policies shall be construed to refer to the
examiner.
Section 2. That Section 5.04.110 entitled "Revocation of License" regarding the
revocation of business license of the Pasco Municipal Code shall be and hereby is amended and
shall read as follows:
5.04.110 REVOCATION OF LICENSE.
A) The City Gouneil Manager may revoke any license issued under this Title after it
has been issued, or any person's privilege to do business in the City of Pasco, when after
investigation by City staff, any one or more of the following grounds are found to exist:
are:
1) Illegal issuance of the permit.
2) Issuance of the permit without authority or power.
3) Issuance under an unauthorized ordinance or under an ordinance illegally
adopted.
4) Issuance in violation of an ordinance.
5) When the business license was procured by fraud or false representation of
facts.
6) When issued through mistake or inadvertence.
7) When the license application contains false or misleading statements,
evasions or suppression of material facts. (Ord. 2922 Sec. 1, 1993.)
B) Other grounds for revocation in addition to those stated in the previous subsection
1) Substantial violations of the terms and condition on which a license or
permit is issued.
2) Violation of ordinances or law authorizing or regulating the license or
permit, or regulating the business, activity or thing for which it is issued.
3) Conviction of infractions of or offenses under such an ordinance or law.
4) Wrongful behavior of a substantial character and of a public concern in
relation to the licensed activity.
5) When reasonably necessary in the interest of protection of the public
health, safety, peace, or welfare.
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6) When a business becomes an instrument of or a cover for public disorder,
crime, or other danger to public safety, morals or health. (Ord. 2675 Sec. 1, 1988.)
C) Before any such license or licensing privilege shall be canceled or revoked, the
holder of such license or privilege shall be given two weeks' notice of a hearing to be held by4he
G45, Eetineil before the City Hearing Examiner at which time the applicant must show cause
why such license and for privilege to do business should not be revoked. The notice to be given
to the applicant must state the grounds and the reasons for the forfeiture and revocation and also
the date set for the hearing thereon. PROVIDED, HOWEVER, the City Manager may deny the
issuance of a license or immediately revoke the license of any business for any of the grounds set
forth, when any such license has been issued for a period of less than 72 hours; any such
determination by the City Manager shall be deemed conclusive unless the applicant appeals to
the G:.eil Hearing Examiner within five (5) calendar days of notice of the revocation.
Pending any such appeal to the City Go nteil Hearing Examiner, the business license shall remain
revoked or denied. (Ord. 2922 Sec. 1, 1993.)
D) The decision of the Hearing Examiner to revoke a business license
or licensing privilege or to sustain the decision of the City Manager revoking a license on an
appeal, shall be supported by written findings of fact in support of the decision. Each decision of
the mil Hearing Examiner to revoke a business license and/or business licensing
privilege shall set forth a minimum period of time for which the business license and/or business
licensing privilege is to be revoked. The minimum time period for the duration of the revocation
of a business license and/or the business licensing privilege shall be one (1) year unless the Qty
Co nteil 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 Goy
Couneil Hearing Examiner in writing. In determining the minimum time of the revocation
during which reinstatement of a business license and/or business license privilege shall not be
considered, the r:. Couneil Hearing Examiner will consider among other factors:
1) The degree of the person's culpability and the conduct leading to the
revocation;
2) The criminal nature of the conduct, if any;
3) The conduct's effect on the community; and
4) The licensee's acceptance of the responsibility for their actions or
conversely their failure to accept responsibility or admit their wrongdoing (Ord. 2922
Sec. 1, 1993; Ord. 2569 Sec. 1, 1985; prior code Sec. 3-1.64.)
Section 3. That Section 5.04.115 entitled "Reinstatement Procedures and Standards
for Reviewing an Application for Reinstatement" regarding business license of the Pasco
Municipal Code shall be and hereby is amended and shall read as follow:
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5.04.115 REINSTATEMENT PROCEDURES AND STANDARDS FOR
REVIEWING AN APPLICATION FOR REINSTATEMENT.
A) Procedures. At any time following the minimum time period for revocation of a
business license and/or business licensing privilege set forth by the City Council Hearine
Examiner in their decision to revoke a license and/or business licensing privilege, reinstatement
of the license and/or licensing privilege may be sought utilizing the following procedures:
1) A written application shall be completed on a form available from the City
Clerk.
2) The application when completed shall be filed with the City Clerk, with a
copy to the City Attorney and the City Manager.
3) The Gi: y Gouneil Hearing Examiner shall set forth a public hearing date
with at least two (2) weeks' notice to the applicant to consider the application for
reinstatement.
4) The public hearing shall be advertised by the City Clerk in a newspaper of
general circulation in the City of Pasco at least once and at least five (5) days prior to the
public hearing.
5) At the public hearing, the Goy Couneil Hearing Examiner shall receive
testimony from the applicant, City Staff and interested members of the public.
6) Upon conclusion of the public hearing the CityGeineil Hearin¢ Examiner
shall decide, by _.etion, whether to approve the application for reinstatement with or
without conditions, or to deny the application for reinstatement
. or not to grant app
majority of the members of the City Cotmeil preserA and voting an the application.
7) All approvals or denials of an application shall be supported by written
findings of fact.
B) Standards for Review. In making their determination on an application for
reinstatement of a business license and/or the business licensing privilege, the City catinei1
Hearing Examiner shall consider all relevant factors brought to their attention, which shall
include:
1) The time since the revocation action was taken;
2) The degree of applicant's culpability and the conduct leading to the
revocation and the criminal nature of the conduct, if applicable;
3) The effect on the community of the conduct leading to the revocation of
the licensing privilege and any lingering effects still experienced by the community;
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4) The steps taken by the applicant to reform him/herself or insure that if
placed in a similar business ownership position, he/she would not revert to the prior
conduct which lead to the revocation of his/her license and/or business licensing
privilege; and
5) Any additional means by which the applicant can demonstrate to the
Council Hearing Examiner that if allowed a new business license, the prior wrongful
conduct would not reoccur. (Ord. 3394 Sec. 1, 1999; Ord. 2922 Sec. 2, 1993.)
Section 4. That Section 11.02.010 entitled "Applicability of Chapter" regarding
violations and procedures for code enforcement of the Pasco Municipal Code shall be and hereby
is amended and shall read as follows:
11.02.010 APPLICABILITY OF CHAPTER. The provisions of this Chapter shall
apply to enforcement of Title 5 (excluding Sections 5.04.110 — Revocation of License. Section
5.04.115 — Reinstatement Procedures and Standards for Reviewing an Application for
Reinstatement Chapters 5.12 — Pawnbrokers and Second -Hand Dealers and 5.46 — Private
Detective Agencies, Private Detectives, Private Security Guards, and Private Security
Companies), Title 6 — Health and Sanitation, Chapter 10.52 — Parking, Title 12 — Streets and
Sidewalks, Title 13 — Water and Sewers, Title 16 — Building Code, Title 17 — Sign Code, Title 19
— Mobile Homes, Title 25 - Zoning, and Chapters 8.02 (excepting Sections 8.02.130, 8.02.170
and 8.02.320 — Animal Control), 9.60 — Public Nuisances, 9.61 — Noise Regulation, 9.62 —
abandoned Vehicles and Vehicle Hulks, and 9.63 — Chronic Nuisances. The Code Enforcement
Board is also designated as the "Improvement Board" for the purposes of RCW 35.80.030. (Ord.
4289, 2016; Ord. 4017, 2011; Ord. 3534 Sec. 2, 2002; Ord. 3190 Sec. 1, 1996.)
Section 5. This Ordinance shall take full force and effect five (5) days after its
approval, passage, and publication as required by law.
PASSED by the City Council of the City of Pasco, Washington, and approved as
provided by law this 1 day of CLQ , 2017.
Matt Watkins, Mayor
ATTEST:
Sandy Kenwo y, Interim City Cle
APPAS TO FORM:
Leland B. Kerr, City Attorney
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