Title 35A, OPTIONAL MUNICIPAL CODE

No code city may enact, enforce, or maintain an ordinance, regulation, or rule that regulates or otherwise treats a comprehensive cancer center participating in a collaborative arrangement as defined in RCW 28B.10.930 that is operated in conformance with RCW 28B.10.930 as a state…

(1) A religious organization may host the homeless on property owned or controlled by the religious organization whether within buildings located on the property or elsewhere on the property outside of buildings. (2) Except as provided in subsection (7) of this section, a code ci…

(1) For the purpose of receiving criminal history record information by code city officials, code cities may: (a) By ordinance, require a state and federal background investigation of license applicants or licensees in occupations specified by ordinance; (b) By ordinance, require…

(1) Any code city may establish the position of warrant officer. (2) If any code city establishes the position of warrant officer, the position shall be maintained by the city within the city police department. The number and qualifications of warrant officers shall be fixed by o…

(1) A city with an ordinance or resolution requiring, upon the failure of an on-site septic system, connection to a public sewer system must, in accordance with this section, provide an administrative appeals process to consider denials of permit applications to repair or replace…

A code city must comply with the requirements of RCW 47.01.485 in making a final determination on a permit as part of a project on a state highway as defined in RCW 46.04.560. [ 2015 3rd sp.s. c 15 s 4.] Notes: Effective date—Findings—Intent—2015 3rd sp.s. c 15: See notes followi…

(1) A code city that exercises its authority under chapter 7.48 RCW, RCW 35.22.280, 35.23.440, or 35.27.410, or other applicable law to abate a nuisance which threatens health or safety must provide prior notice to the property owner that abatement is pending and a special assess…

Any code city must hold a public hearing upon a proposal to remove, vacate, or extinguish a restrictive covenant from property owned by the code city before the action is finalized. The public hearing must allow individuals to provide testimony regarding the proposed action. The …

The legislative authority of a code city or town may authorize a change to its electoral system pursuant to RCW 29A.92.040. [ 2018 c 113 s 207.] Notes: Findings—Intent—Short title—2018 c 113: See RCW 29A.92.005 and 29A.92.900.

(1) A code city may, by ordinance, establish an urban agriculture zone within the boundaries of the code city. (2) To establish an urban agriculture zone, the code city must conduct at least one public hearing on the question of whether to establish the urban agriculture zone. (3…

A code city may authorize, by ordinance, the use of vacant or blighted city land for the purpose of community gardening under the terms and conditions established for the use of the city land set forth by the ordinance. The ordinance may establish fees for the use of the city lan…

(1)(a) A code city must allow: (i) Transitional housing or permanent supportive housing in any zones in which residential dwelling units or hotels are allowed; and (ii) Indoor emergency shelters and indoor emergency housing in any zones in which hotels are allowed. Nothing in thi…

(1)(a) Code cities must adopt or amend by ordinance, and incorporate into their development regulations, zoning regulations, and other official controls the requirements of subsection (2) of this section for buildings in commercial, mixed-use, or residential zones no later than J…

(1) Except as provided in subsection (3) of this section, a code city is prohibited from requiring or excluding exterior cladding materials that are in compliance with the state building code. (2) "Exterior cladding" means a nonload-bearing material attached to the exterior of a …

(1) Code cities that have not adopted an ordinance, land use regulation, or local code related to the regulation of electric security alarm systems shall allow electric security alarm systems consistent with the following: (a) Electric security alarm systems may not be considered…

(1) A code city may not require more than 0.5 parking space per multifamily dwelling unit or more than one parking space per single-family home. (2) A code city may not require more than two parking spaces per 1,000 square feet of commercial space. (3) A code city may not require…

(1)(a) Except as provided for in subsection (3) of this section, code cities must adopt or amend by ordinance, and incorporate into their development regulations, zoning regulations, preservation ordinances, and other official controls, the requirements of subsection (2) of this …

(1) Code cities and towns must allow child care centers, and the conversion of existing buildings for use as child care centers, as an outright permitted use in all zones except industrial zones, light industrial zones, and open space zones. (2) Code cities may impose reasonable …

(1)(a) Any law enforcement agency in any code city that uses volunteers or youth cadets, as defined in RCW 35.21.722, to assist in the work of its law enforcement agency may not provide authority to these volunteers, unless they have completed peace officer training and maintaine…

A code city may exercise the powers relating to airport planning and zoning, improvement and operation as authorized by chapters 14.07, 14.08, and 14.12 RCW and chapter 35A.63 RCW of this title in accordance with the procedures therein prescribed. [ 1967 ex.s. c 119 s 35A.24.010.…

Every code city may exercise the powers relating to the acquisition, development, improvement and operation of libraries and museums and the preservation of historical materials to the same extent authorized by general law for cities of any class, including, but not limited to, t…

Code cities shall have the authority to enter into contracts for joint acquisition of land and improvement thereof with school districts. Code cities and their relationship with public schools, colleges and school districts shall be governed by the provisions of general law, incl…

When any question is to be submitted to the voters of a code city, or when a proposition is to be submitted to the voters of an area under provisions of this title, the question or proposition shall be advertised as provided for nominees for office, and in such cases there shall …

Upon the filing of a ballot title as defined in RCW 35A.29.120, the county auditor shall forthwith notify the persons proposing the measure of the exact language of the ballot title. If the persons filing any local question covered by RCW 35A.29.120 are dissatisfied with the ball…

Elections for code cities shall comply with general election law. [ 1994 c 223 s 41.]

Initiative and referendum petitions authorized to be filed under provisions of this title, or authorized by charter, or authorized for code cities having the commission form of government as provided by chapter 35.17 RCW, shall be in substantial compliance with the provisions of …

Elective officers of code cities may be recalled in the manner provided in chapter 29A.56 RCW. [ 2015 c 53 s 57; 1967 ex.s. c 119 s 35A.29.180.]

Claims for damages sounding in tort against any code city shall be presented and filed within the time, in the manner and by the person prescribed in RCW 4.96.020. [ 1967 ex.s. c 119 s 35A.31.010.]

With respect to the content of such claims the provisions of RCW 4.96.020 shall be liberally construed so that substantial compliance will be deemed satisfactory. [ 1967 ex.s. c 119 s 35A.31.020.]

No ordinance or resolution shall be passed allowing such claim or any part thereof, or appropriating any money or other property to pay or satisfy the same or any part thereof, until the claim has first been referred to the proper department or committee, nor until such departmen…

Nothing herein shall be construed as in anywise modifying, limiting, or repealing any valid provision of the charter of any charter code city relating to such claims for damages, except when in conflict herewith, but the provisions hereof shall be in addition to such charter prov…

Every code city may create an accident fund upon which the clerk shall draw warrants for the full amount of any judgment including interest and costs against the city on account of personal injuries suffered by any person as shown by a transcript of the judgment duly certified to…

The legislative body of the code city, after the drawing of warrants against the accident fund, shall estimate the amount necessary to pay the warrant with accrued interest thereon and may appropriate and transfer money from the contingency fund sufficient therefor, or if there i…

If there is no judgment outstanding against the city for personal injuries, the money remaining in the accident fund after the payment of the warrants drawn on that fund and interest in full shall be transferred to the general fund. [ 1967 ex.s. c 119 s 35A.31.080.]

Unless the context clearly indicates otherwise, the following words as used in this chapter shall have the meaning herein prescribed: (1) "Chief administrative officer" as used in this chapter includes the mayor of cities having a mayor-council form of government, the commissione…

The provisions of this chapter apply to all code cities except those which have adopted an ordinance under RCW 35A.34.040 providing for a biennial budget. In addition, this chapter shall not apply to any municipal utility or enterprise for which separate budgeting provisions are …

On or before the second Monday of the fourth month prior to the beginning of the city's next fiscal year, or at such other time as the city may provide by ordinance or charter, the clerk shall notify in writing the head of each department of a code city to file with the clerk wit…

All estimates of receipts and expenditures for the ensuing year shall be fully detailed in the annual budget and shall be classified and segregated according to a standard classification of accounts to be adopted and prescribed by the state auditor after consultation with the Was…

On or before the first business day in the third month prior to the beginning of the fiscal year of a code city or at such other time as the city may provide by ordinance or charter, the clerk or other person designated by the charter, by ordinances, or by the chief administrativ…

The chief administrative officer shall prepare the preliminary budget in detail, making any revisions or addition to the reports of the department heads deemed advisable by such chief administrative officer and at least sixty days before the beginning of the city's next fiscal ye…

In every code city a budget message prepared by or under the direction of the city's chief administrative officer shall be submitted as a part of the preliminary budget to the city's legislative body at least sixty days before the beginning of the city's next fiscal year and shal…

Immediately following the filing of the preliminary budget with the clerk, the clerk shall publish a notice once each week for two consecutive weeks stating that the preliminary budget for the ensuing fiscal year has been filed with the clerk, that a copy thereof will be furnishe…

The council shall meet on the day fixed by RCW 35A.33.060 for the purpose of fixing the final budget of the city at the time and place designated in the notice thereof. Any taxpayer may appear and be heard for or against any part of the budget. The hearing may be continued from d…

Following conclusion of the hearing, and prior to the beginning of the fiscal year, the legislative body shall make such adjustments and changes as it deems necessary or proper and after determining the allowance in each item, department, classification and fund, and shall by ord…

Upon the happening of any emergency caused by violence of nature, casualty, riot, insurrection, war, or other unanticipated occurrence requiring the immediate preservation of order or public health, or for the restoration to a condition of usefulness of any public property which …

If a public emergency which could not reasonably have been foreseen at the time of filing the preliminary budget requires the expenditure of money not provided for in the annual budget, and if it is not one of the emergencies specifically enumerated in RCW 35A.33.080, the city co…