H-3814              _______________________________________________

 

                                                   HOUSE BILL NO. 1317

                        _______________________________________________

 

State of Washington                              50th Legislature                              1988 Regular Session

 

By Representatives Zellinsky, Ferguson, Dellwo, Cooper, Haugen, Winsley, Spanel, Bumgarner and Holm

 

 

Read first time 1/12/88 and referred to Committee on Local Government.

 

 


AN ACT Relating to requirements for publishing notice of actions or proposed actions of counties, cities and towns; amending RCW 35.22.288, 35.23.310, 35.24.220, 35.27.300, 35.30.018, 35A.12.160, and 36.32.120; adding a new section to chapter 35.63 RCW; adding a new section to chapter 35A.63 RCW; adding a new section to chapter 36.70 RCW; and adding a new section to chapter 58.17 RCW.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

 

        Sec. 1.  Section 100, chapter 469, Laws of 1985 and RCW 35.22.288 are each amended to read as follows:

          ((Promptly after adoption, every)) The text of each proposed ordinance or a summary of the intent and content of each proposed ordinance shall be published at least once in the official newspaper of the city together with the notice for the meeting at which the proposed ordinance is adopted or, if special notice is not published for the meeting, the text or summary shall be published in the official newspaper of the city at least one week prior to the meeting at which the proposed ordinance is adopted.  This publishing requirement shall not limit the authority of the council to amend the proposed ordinance at the meeting at which it is adopted.

          A city may adopt an emergency ordinance without causing the text or a summary to be published prior to the meeting at which it is adopted but, if an emergency ordinance is so adopted, the city shall publish the text of the ordinance or a summary of the intent and content of the ordinance in its official newspaper promptly after its adoption.

          An inadvertent mistake or omission in publishing the text of an ordinance or a summary of the intent and content of an ordinance shall not render the ordinance invalid.

 

        Sec. 2.  Section 35.23.310, chapter 7, Laws of 1965 and RCW 35.23.310 are each amended to read as follows:

          ((Before any ordinance shall take effect, it shall be published in one issue of)) The text of each ordinance or a summary of the intent and content of each proposed ordinance shall be published at least once in the official newspaper of the city together with the notice for the meeting at which the proposed ordinance is adopted or, if special notice is not published for the meeting, the text or summary shall be published in the official newspaper of the city at least one week prior to the meeting at which the proposed ordinance is adopted.  This publishing requirement shall not limit the authority of the council to amend the proposed ordinance at the meeting at which it is adopted.

          A city may adopt an emergency ordinance without causing the text or a summary to be published prior to the meeting at which it is adopted but, if an emergency ordinance is so adopted, the city shall publish the text of the ordinance or a summary of the intent and content of the ordinance in its official newspaper promptly after its adoption.

          An inadvertent mistake or omission in publishing the text of an ordinance or a summary of the intent and content of an ordinance shall not render the ordinance invalid.

          A certified copy of any ordinance certified to by the clerk, or a printed copy of any ordinance or compilation printed by authority of the city council and attested by the clerk shall be competent evidence in any court.

 

        Sec. 3.  Section 35.24.220, chapter 7, Laws of 1965 as last amended by section 1, chapter 400, Laws of 1987 and RCW 35.24.220 are each amended to read as follows:

          ((Every ordinance of a city of the third class)) The text of each proposed ordinance or a summary of the intent and content of each proposed ordinance shall be published at least once in the city's official newspaper((.  However, as an alternative, a city of the third class with a population of three thousand or less may publish in its official newspaper a summary of the intent and content of any ordinance that it adopts and indicate the times and location where a copy of the ordinance is available for public inspection)) together with the notice for the meeting at which the proposed ordinance is adopted or, if special notice is not published for the meeting, the text or summary shall be published in the official newspaper of the city at least one week prior to the meeting at which the proposed ordinance is adopted.  This publishing requirement shall not limit the authority of the council to amend the proposed ordinance at the meeting at which it is adopted.

          A city may adopt an emergency ordinance without causing the text or a summary to be published prior to the meeting at which it is adopted but, if an emergency ordinance is so adopted, the city shall publish the text of the ordinance or a summary of the intent and content of the ordinance in its official newspaper promptly after its adoption.

          An inadvertent mistake or omission in publishing the text of an ordinance or a summary of the intent and content of an ordinance shall not render the ordinance invalid.

 

        Sec. 4.  Section 35.27.300, chapter 7, Laws of 1965 as last amended by section 2, chapter 400, Laws of 1987 and RCW 35.27.300 are each amended to read as follows:

          ((Every)) The text of each proposed ordinance or a summary of the intent and content of each proposed ordinance shall be published at least once in the official newspaper of the town((.  However, as an alternative, a town may publish in its official newspaper a summary of the intent and content of any ordinance that it adopts and indicate the times and location where a copy of the ordinance is available for public inspection)) together with the public notice for the meeting at which the proposed ordinance is adopted or, if special notice is not published for the meeting, the text or summary shall be published in the official newspaper of the town at least one week prior to the meeting at which the proposed ordinance is adopted.  This publishing requirement shall not limit the authority of the council to amend the proposed ordinance at the meeting at which it is adopted.

          A town may adopt an emergency ordinance without causing the text or a summary to be published prior to the meeting at which it is adopted but, if an emergency ordinance is so adopted, the city shall publish the text of the ordinance or a summary of the intent and content of the ordinance in its official newspaper promptly after its adoption.

          An inadvertent mistake or omission in publishing the text of an ordinance or a summary of the intent and content of an ordinance shall not render the ordinance invalid.

 

        Sec. 5.  Section 101, chapter 469, Laws of 1985 and RCW 35.30.018 are each amended to read as follows:

          ((Promptly after adoption, every)) The text of each proposed ordinance or a summary of the intent and content of each proposed ordinance shall be published at least once in the official newspaper of the city in the public notice for the meeting at which the proposed ordinance is adopted or, if special notice is not published for the meeting, the text or summary shall be published in the official newspaper of the city at least one week prior to the meeting at which the proposed ordinance is adopted.  This publishing requirement shall not limit the authority of the council to amend the proposed ordinance at the meeting at which it is adopted.

          A city may adopt an emergency ordinance without publishing the text or a summary prior to the meeting at which it is adopted but, if an emergency ordinance is so adopted, the city shall publish the text of the ordinance or a summary of the intent and content of the ordinance in its official newspaper promptly after its adoption.

          An inadvertent mistake or omission in publishing the text of an ordinance or a summary of the intent and content of an ordinance shall not render the ordinance invalid.

 

        Sec. 6.  Section 35A.12.160, chapter 119, Laws of 1967 ex. sess. as last amended by section 3, chapter 400, Laws of 1987 and RCW 35A.12.160 are each amended to read as follows:

          ((Promptly after adoption, every)) The text of each proposed ordinance or a summary of the intent and content of each proposed ordinance shall be published((,)) at least once in the city's official newspaper((.  However, as an alternative, a city with a population of three thousand or less may publish in its official newspaper a summary of the intent and content of any ordinance that it adopts and indicate the times and location where a copy of the ordinance is available for public inspection)) in the public notice for the meeting at which the proposed ordinance is adopted or, if special notice is not published for the meeting, the text or summary shall be published in the official newspaper of the city at least one week prior to the meeting at which the proposed ordinance is adopted.  This publishing requirement shall not limit the authority of the council to amend the proposed ordinance at the meeting at which it is adopted.

          A city may adopt an emergency ordinance without publishing the text or a summary prior to the meeting at which it is adopted but, if an emergency ordinance is so adopted, the city shall publish the text of the ordinance or a summary of the intent and content of the ordinance in its official newspaper promptly after its adoption.

          An inadvertent mistake or omission in publishing the text of an ordinance or a summary of the intent and content of an ordinance shall not render the ordinance invalid.

 

        Sec. 7.  Section 36.32.120, chapter 4, Laws of 1963 as last amended by section 206, chapter 202, Laws of 1987 and RCW 36.32.120 are each amended to read as follows:

          The legislative authorities of the several counties shall:

          (1) Provide for the erection and repairing of court houses, jails, and other necessary public buildings for the use of the county;

          (2) Lay out, discontinue, or alter county roads and highways within their respective counties, and do all other necessary acts relating thereto according to law, except within cities and towns which have jurisdiction over the roads within their limits;

          (3) License and fix the rates of ferriage; grant grocery and other licenses authorized by law to be by them granted at fees set by the legislative authorities which shall not exceed the costs of administration and operation of such licensed activities;

          (4) Fix the amount of county taxes to be assessed according to the provisions of law, and cause the same to be collected as prescribed by law:  PROVIDED, That the  legislative authority of a county may permit all moneys, assessments, and taxes belonging to or collected for the use of any county, including any amounts representing estimates for future assessments and taxes, to be deposited by any taxpayer prior to the due date thereof with the treasurer or other legal depository for the benefit of the funds to which they belong to be credited against any future tax or assessment that may be levied or become due from the taxpayer:  PROVIDED FURTHER, That the taxpayer, with the concurrence of the  county legislative authority, may designate the particular fund against which such prepayment of future tax or assessment shall be credited;

          (5) Allow all accounts legally chargeable against the county not otherwise provided for, and audit the accounts of all officers having the care, management, collection, or disbursement of any money belonging to the county or appropriated to its benefit;

          (6) Have the care of the county property and the management of the county funds and business and in the name of the county prosecute and defend all actions for and against the county, and such other powers as are or may be conferred by law;

          (7) Make and enforce, by appropriate resolutions or ordinances, all such police and sanitary regulations as are not in conflict with state law, and within the unincorporated area of the county may adopt by reference Washington state statutes and recognized codes and/or compilations printed in book form relating to the construction of buildings, the installation of plumbing, the installation of electric wiring, health, or other subjects, and may adopt such codes and/or compilations or portions thereof, together with amendments thereto, or additions thereto:  PROVIDED, That except for Washington state statutes, there shall be filed in the county auditor's office one copy of such codes and compilations ten days prior to their adoption by reference, and additional copies may also be filed in library or city offices within the county as deemed necessary by the county legislative authority:  PROVIDED FURTHER, That no such regulation, code, compilation, and/or statute shall be effective unless before its adoption, a public hearing has been held thereon by the county legislative authority of which at least ten days' notice has been given.  Any violation of such regulations, ordinances, codes, compilations, and/or statutes or resolutions shall constitute a misdemeanor or a civil violation subject to a monetary penalty:  PROVIDED FURTHER, That violation of a regulation, ordinance, code, compilation, and/or statute relating to traffic including parking, standing, stopping, and pedestrian offenses is a traffic infraction, except that violation of a regulation, ordinance, code, compilation, and/or statute equivalent to those provisions of Title 46 RCW set forth in RCW 46.63.020 remains a misdemeanor.  The notice must set out a copy of the proposed regulations or summarize the intent and content of the proposed regulations; or if a code is adopted by reference the notice shall set forth the full official title and a statement describing the general purpose of such code.  This publishing requirement shall not limit the authority of a county legislative authority to amend the proposed regulation at the meeting at which it is adopted.  A county legislative authority may adopt an emergency regulation without causing the text or a summary to be published prior to the meeting at which it is adopted but, if an emergency regulation is so adopted, the text of the ordinance or a summary of the intent and content of the ordinance shall be published in the county's official newspaper promptly after its adoption.  An inadvertent mistake or omission in publishing the text of a regulation or a summary of the intent and content of a regulation shall not render the regulation invalid.  The notice shall also include the day, hour, and place of hearing and must be given by publication in the newspaper in which legal notices of the county are printed;

          (8) Have power to compound and release in whole or in part any debt due to the county when in their opinion the interest of their county will not be prejudiced thereby, except in cases where they or any of them are personally interested;

          (9) Have power to administer oaths or affirmations necessary in the discharge of their duties and commit for contempt any witness refusing to testify before them with the same power as district judges.

 

          NEW SECTION.  Sec. 8.  A new section is added to chapter 35.63 RCW to read as follows:

          Any notice made under chapter 35.63 RCW that identifies affected property may identify this affected property without using a legal description of the property including, but not limited to, identification by an address, written description, vicinity sketch, or other reasonable means.

 

          NEW SECTION.  Sec. 9.  A new section is added to chapter 35A.63 RCW to read as follows:

          Any notice made under chapter 35A.63 RCW that identifies affected property may identify this affected property without using a legal description of the property including, but not limited to, identification by an address, written description, vicinity sketch, or other reasonable means.

 

          NEW SECTION.  Sec. 10.  A new section is added to chapter 36.70 RCW to read as follows:

          Any notice made under chapter 36.70 RCW that identifies affected property may identify this affected property without using a legal description of the property including, but not limited to, identification by an address, written description, vicinity sketch, or other reasonable means.

 

          NEW SECTION.  Sec. 11.  A new section is added to chapter 58.17 RCW to read as follows:

          Any notice made under chapter 58.17 RCW that identifies affected property may identify this affected property without using a legal description of the property including, but not limited to, identification by an address, written description, vicinity sketch, or other reasonable means.