Title 35A — Title 35A OPTIONAL MUNICIPAL CODE

57 chapters · 481 sections in this title.

481 sectionsFiltered byTitle 35A

RCW 35A.16.060 Effect of exclusion as to liability for indebtedness.
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The exclusion of an area from the boundaries of the code city shall not exempt any real property therein from taxation for the purpose of paying any indebtedness of the code city existing at the time of its exclusion and the interest thereon.[ 1967 ex.s. c 119 s 35A.16.060.]
RCW 35A.16.070 Franchises within territory excluded.
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In regard to franchises previously granted for operation of any public service business or facility within the territory excluded from a code city by proceedings under this chapter, the rights, obligations, and duties of the legislative body of the county or other political subdi…
RCW 35A.16.080 Exclusion of agricultural land from the incorporated area of a code city.
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Proceedings for excluding agricultural land from the boundaries of a charter code city or noncharter code city may be commenced by the filing of a petition which is sufficient as determined by RCW 35A.01.040 by property owners of the agricultural land proposed to be excluded, in …
RCW 35A.21.010 Validity of ordinances and resolutions—Deficiencies of form.
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Deficiencies in the form of an ordinance or resolution shall not affect the validity thereof if the following requirements are met:(1) The purpose and intent of the ordinance or resolution are clear.(2) Any regulatory or procedural provisions thereof are expressed in clear and un…
RCW 35A.21.020 Conflict between charter and optional code.
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This optional municipal code is intended to be a general law, available to all cities and towns within the state, and to all legal intents and purposes a "general law" within the meaning of Article 11, section 10 of the state Constitution, as amended.If any provision of this titl…
RCW 35A.21.030 Mandatory duties of code city officers.
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Except as otherwise provided in this title, every officer of a code city shall perform, in the manner provided, all duties of his or her office which are imposed by state law on officers of every other class of city who occupy a like position and perform like functions.[ 2009 c 5…
RCW 35A.21.040 Merit systems.
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Provisions for a merit system, made by charter or ordinance of a code city, shall be in compliance with any applicable statutes relating to civil service for employees of such city: PROVIDED, That nothing herein shall impair the validity of charter provisions adopted prior to the…
RCW 35A.21.050 Pension and retirement systems.
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Nothing in this title shall be construed to alter or affect vested rights of city employees under pension and retirement systems in effect at the time this title becomes effective.[ 1967 ex.s. c 119 s 35A.21.050.]
RCW 35A.21.060 Garbage ordinance—Lien—Foreclosure.
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A garbage ordinance of a code city may contain the provisions authorized by RCW 35.21.130. Notice shall be given of a lien for garbage collection and disposal service, the lien shall have priority and be foreclosed all as provided in RCW 35.21.140 and 35.21.150.[ 1967 ex.s. c 119…
RCW 35A.21.070 Office hours prescribed by ordinance.
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All code city offices shall be kept open for the transaction of business during such days and hours as the legislative body of such city shall by ordinance prescribe.[ 1967 ex.s. c 119 s 35A.21.070.]
RCW 35A.21.080 Computation of time.
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When, under the provisions of this title, an act is to be done within a certain time period, the time shall be computed by excluding the first day and including the last, except that when the last day is a Saturday, Sunday, or a day designated by RCW 1.16.050 or by the city's ord…
RCW 35A.21.090 Jurisdiction over adjacent waters—Control of street over tidelands.
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The legislative body of a code city shall have supervision and control within its corporate limits of streets over tidelands or upon or across tide and shore lands [tidelands and shorelands] of the first class as provided in RCW 35.21.230, 35.21.240 and 35.21.250; and shall have …
RCW 35A.21.100 Lien for utility services.
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Code cities owning or operating waterworks or electric light distribution or power plants shall have a lien for such utility services as provided by RCW 35.21.290 for cities owning such plants and as limited therein, which lien may be enforced only as provided in RCW 35.21.300.[ …
RCW 35A.21.110 Warrants—Interest rate—Payment.
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Code city warrants shall draw interest, be paid, and called for all as provided in RCW 35.21.320 and the duty and liability of the treasurer of a code city in calling and paying warrants of the city shall be as provided in RCW 35.21.320.[ 1967 ex.s. c 119 s 35A.21.110.]
RCW 35A.21.120 Utilities—Facilities for generation of electricity.
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Any code city owning and operating a public utility and having facilities and/or land for the generation of electricity shall be governed by the provisions of RCW 35.21.420 through 35.21.450.[ 1967 ex.s. c 119 s 35A.21.120.]
RCW 35A.21.125 Locally regulated utilities—Attachments to poles.
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(1) As used in this section:(a) "Attachment" means the affixation or installation of any wire, cable or other physical material capable of carrying electronic impulses or light waves for the carrying of intelligence for telecommunications or television, including, but not limited…
RCW 35A.21.130 Codification of ordinances.
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Compilation, codification, and revision of code city ordinances shall be as provided by and be governed by the provisions of RCW 35.21.500 through 35.21.570.[ 1967 ex.s. c 119 s 35A.21.130.]
RCW 35A.21.140 Change of name.
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Any code city may change its name in accordance with the procedure provided in chapter 35.62 RCW.[ 1967 ex.s. c 119 s 35A.21.140.]
RCW 35A.21.150 Sewerage and refuse collection and disposal systems.
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The general law as contained in, but not limited to, chapter 35.67 RCW, relating to sewerage systems and the collection and disposal of refuse, the manner of providing therefor, and the issuance of general obligation or revenue bonds therefor, the establishment of a revenue bond …
RCW 35A.21.152 Solid waste collection—Rate increase notice.
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(1) A city that contracts for the collection of solid waste, or provides for the collection of solid waste directly, shall notify the public of each proposed rate increase for a solid waste handling service. The notice may be mailed to each affected ratepayer or published once a …
RCW 35A.21.153 Solid waste collection curbside recycling—Reduced rate.
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(1) Each city or town providing by ordinance or resolution a reduced solid waste collection rate to residents participating in a residential curbside recycling program implemented under RCW 70A.205.045, may provide a similar reduced rate to residents participating in any other re…
RCW 35A.21.155 Collection and transportation of recyclable materials by recycling companies or nonprofit entities—Reuse or reclamation—Application of chapter.
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Nothing in this chapter shall prevent a recycling company or nonprofit entity from collecting and transporting recyclable materials from a buy-back center, drop-box, or from a commercial or industrial generator of recyclable materials, or upon agreement with a solid waste collect…
RCW 35A.21.160 General application of laws to code cities.
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A code city organized or reorganized under this title shall have all of the powers which any city of any class may have and shall be governed in matters of state concern by statutes applicable to such cities in connection with such powers to the extent to which such laws are appr…
RCW 35A.21.161 Regulation of activities and enforcement of penal laws.
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All code cities shall observe and enforce, in addition to its local regulations, the provisions of state laws relating to the conduct, location and limitation on activities as regulated by state law and shall supply police information to the *section on identification of the stat…
RCW 35A.21.162 Nonpolluting power generation by individual—Exemption from regulation—Authorization to contract with utility.
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See chapter 80.58 RCW.
RCW 35A.21.164 Hydroelectric resources—Separate legal authority—Creation by irrigation districts and cities, towns, or public utility districts.
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See RCW 87.03.825 through 87.03.840.
RCW 35A.21.170 Fiscal year.
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The fiscal year of a code city shall commence on the first day of January and end on the thirty-first day of December of each calendar year unless a different fiscal period is authorized by RCW 1.16.030, as amended.[ 1967 ex.s. c 119 s 35A.21.170.]
RCW 35A.21.180 Flags to be displayed.
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The flag of the United States and the flag of the state shall be prominently installed and displayed and maintained in code city buildings and shall be as provided in RCW 1.20.010.[ 1967 ex.s. c 119 s 35A.21.180.]
RCW 35A.21.190 Daylight saving time.
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No code city shall adopt any provision for the observance of daylight saving time other than as authorized by RCW 1.20.050 and 1.20.051.[ 1967 ex.s. c 119 s 35A.21.190.] No code city shall adopt any provision for the observance of daylight saving time other than as authorized by …
RCW 35A.21.195 Actions by and against code cities.
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A code city may exercise the power to bring an action or special proceeding at law as authorized by Title 4 RCW, chapters 7.24, 7.25, and 6.27 RCW, and shall be subject to actions and process of law in accordance with procedures prescribed by law and rules of court.[ 1987 c 442 s…
RCW 35A.21.200 Limitation of actions.
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The limitations prescribed in chapter 4.16 RCW shall apply to actions brought in the name or for the benefit of, or against, a code city, except as otherwise provided by general law or by this title.[ 1967 ex.s. c 119 s 35A.21.200.]
RCW 35A.21.210 Revision of corporate boundary within street, road, or highway right-of-way by substituting right-of-way line—Not subject to review.
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(1) The governing bodies of a county and any code city located therein may by agreement revise any part of the corporate boundary of the city which coincides with the centerline, edge, or any portion of a public street, road or highway right-of-way by substituting therefor a righ…
RCW 35A.21.220 Insurance and workers' compensation for offenders performing community restitution.
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The legislative authority of a code city may purchase liability insurance in an amount it deems reasonable to protect the code city, its officers, and employees against liability for the wrongful acts of offenders or injury or damage incurred by offenders in the course of court-o…
RCW 35A.21.230 Designation of official newspaper.
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Each code city shall designate an official newspaper by resolution. The newspaper shall be of general circulation in the city and have the qualifications prescribed by chapter 65.16 RCW.[ 1985 c 469 s 102.]
RCW 35A.21.240 Right-of-way donations—Credit against required improvements.
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Where the zoning and planning provisions of a city or town require landscaping, parking, or other improvements as a condition to granting permits for commercial or industrial developments, the city or town may credit donations of right-of-way in excess of that required for traffi…
RCW 35A.21.245 Facilities and rights-of-way—Requirements and restrictions—Application to code cities.
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Each code city is subject to the requirements and restrictions regarding facilities and rights-of-way under *this chapter.[ 2000 c 83 s 10.]Notes:*Reviser's note: A reference to chapter 35.99 RCW was apparently intended."Facilities," "right-of-way" defined: RCW 35.99.010.
RCW 35A.21.250 Building construction projects—Code city prohibited from requiring state agencies or local governments to provide bond or other security as a condition for issuance of permit.
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A code city may not require any state agency or unit of local government to secure the performance of a permit requirement with a surety bond or other financial security device, including cash or assigned account, as a condition of issuing a permit to that unit of local governmen…
RCW 35A.21.260 Amateur radio antennas—Local regulation to conform with federal law.
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No code city shall enact or enforce an ordinance or regulation that fails to conform to the limited preemption entitled "Amateur Radio Preemption, 101 FCC 2nd 952 (1985)" issued by the federal communications commission. An ordinance or regulation adopted by a code city with respe…
RCW 35A.21.270 Assumption of substandard water system—Limited immunity from liability.
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A code city assuming responsibility for a water system that is not in compliance with state or federal requirements for public drinking water systems, and its agents and employees, are immune from lawsuits or causes of action, based on noncompliance with state or federal requirem…
RCW 35A.21.275 Regulation of automatic number or location identification—Prohibited.
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No code city may enact or enforce an ordinance or regulation mandating automatic number identification or automatic location identification for a private telecommunications system or for a provider of private shared telecommunications services.[ 1995 c 243 s 7.]Notes:Findings—Sev…
RCW 35A.21.280 Statement of restrictions applicable to real property.
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(1) A property owner may make a written request for a statement of restrictions applicable to a single parcel, tract, lot, or block of real property to the code city in which the real property is located.(2) Within thirty days of the receipt of the request, the code city shall pr…
RCW 35A.21.290 Fish enhancement project—Code city's liability.
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A code city is not liable for adverse impacts resulting from a fish enhancement project that meets the criteria of RCW 77.55.181 and has been permitted by the department of fish and wildlife.[ 2014 c 120 s 11; 2003 c 39 s 16; 1998 c 249 s 10.]Notes:Findings—Purpose—Report—Effecti…
RCW 35A.21.300 Rail fixed guideway public transportation system—Safety program plan and security and emergency preparedness plan.
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(1) Each code city that owns or operates a rail fixed guideway public transportation system as defined in RCW 81.104.015 shall submit a system safety program plan and a system security and emergency preparedness plan for that guideway to the state department of transportation by …
RCW 35A.21.305 Permanent supportive housing—Code city may not prohibit where multifamily housing is permitted.
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A code city may not prohibit permanent supportive housing in areas where multifamily housing is permitted.[ 2019 c 348 s 10.]
RCW 35A.21.310 Mobile home, manufactured home, or park model moving or installing—Copies of permits—Definitions.
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(1) A code city shall transmit a copy of any permit issued to a tenant or the tenant's agent for a mobile home, manufactured home, or park model installation in a mobile home park to the landlord.(2) A code city shall transmit a copy of any permit issued to a person engaged in th…
RCW 35A.21.312 Authority to regulate placement or use of homes—Regulation of manufactured homes—Issuance of permits—Restrictions on location of manufactured/mobile homes and entry or removal of recreational vehicles used as primary residences.
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(1) A code city may not adopt an ordinance that has the effect, directly or indirectly, of discriminating against consumers' choices in the placement or use of a home in such a manner that is not equally applicable to all homes. Homes built to 42 U.S.C. Sec. 5401-5403 standards (…
RCW 35A.21.314 Code city may not limit number of unrelated persons occupying a household or dwelling unit—Exceptions.
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Except for occupant limits on group living arrangements regulated under state law or on short-term rentals as defined in RCW 64.37.010 and any lawful limits on occupant load per square foot or generally applicable health and safety provisions as established by applicable building…
RCW 35A.21.320 Abandoned or derelict vessels.
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A code city has the authority, subject to the processes and limitation outlined in chapter 79.100 RCW, to store, strip, use, auction, sell, salvage, scrap, or dispose of an abandoned or derelict vessel found on or above publicly or privately owned aquatic lands within the jurisdi…
RCW 35A.21.322 Transfer of ownership of a code city-owned vessel—Review of vessel's physical condition.
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(1) Prior to transferring ownership of a code city-owned vessel, the code city shall conduct a thorough review of the physical condition of the vessel, the vessel's operating capability, and any containers and other materials that are not fixed to the vessel.(2) If the code city …
RCW 35A.21.324 Transfer of ownership of a code city-owned vessel—Further requirements.
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(1) Following the inspection required under RCW 35A.21.322 and prior to transferring ownership of a code city-owned vessel, a code city shall obtain the following from the transferee:(a) The purposes for which the transferee intends to use the vessel; and(b) Information demonstra…