Title 2
ADMINISTRATION AND PERSONNEL

Chapters:

2.02      City Office Hours
2.04      City Council
2.06      City Administrator
2.07      Public Works Coordinator
2.08      City Clerk-Treasurer
2.12      Building Inspector
2.34      Repealed
2.40      Reimbursement
2.44      Board of Park Commissioners
2.46      Economic Development Commission
2.48      Planning Commission
2.50      Hearing Examiner
2.52      Cemetery Department
2.56      Fire Department
2.68      Police Protection
2.76      Civil Defense
2.80      Emergency Services
2.84      Employee Residency Requirement
2.88      Deposit of Funds

Chapter 2.02
CITY OFFICE HOURS

Sections:

The city of Cashmere offices shall be open from 9:00 a.m. until 5:00 p.m., Monday through Friday except for holidays for which it shall be closed as prescribed by state or federal law. (Ord. 846 § 1, 1995).

Chapter 2.04
CITY COUNCIL

Sections:

2.04.010      Meetings.
2.04.010       Meetings.

A. Regular meetings of the city council shall be held at the city hall on the second and fourth Mondays of each month at 7:00 p.m.

B. In the event any second or fourth Mon­day, or the day of the joint city council/plan­ning commission meeting, falls on a legal holiday, as prescribed by the laws of Washing­ton, the regular meeting of the city council shall be held on the Tuesday following such Monday at 7:00 p.m.

C. A study session shall be held at 6:00 p.m. on the day of the first city council meeting of each month.

D. On the first Monday of January of every calendar year, and at least one other time dur­ing the calendar year, the city council shall hold a joint public meeting with the city plan­ning commission to discuss overall commu­nity issues and the annual work plan of the planning commission. (Ord. 1076 § 1, 2005; Ord. 1056 § 1, 2005; Ord. 1043 § 1, 2004; Ord. 978 § 1, 2000; Ord. 866 § 1, 1996; Ord. 720 § 1, 1987; Ord. 483 §§ 1, 2, 1974).

Chapter 2.06
CITY ADMINISTRATOR

Sections:

2.06.010      Office created.
2.06.020      Duties.
2.06.030      References to former titles of office.
2.06.040      Confirmation of appointment.
2.06.050      City administrator duties in absence of acting city administrator.
 

The office of city administrator is hereby created. The compensation of the city adminis­trator shall be fixed from time to time by the city council. (Ord. 912 § 1, 1997; Ord. 873 § 1, 1996).

2.06.020       Duties.

It shall be the duty of the city administrator to oversee all departments of the city of Cash­mere and perform duties as prescribed by the personnel and policies manual of the city of Cashmere. The city administrator shall manage and control all departments of the city of Cash­mere. The city administrator shall advise the city council in all things deemed important or necessary in the successful operation of the departments of the city of Cashmere and shall be held responsible to the mayor for the suc­cessful operation thereof and for the enforce­ment of the rules and regulations provided for by the various departments of the city of Cash­mere. (Ord. 912 § 1, 1997; Ord. 873 § 2, 1996).

2.06.030       References to former titles of office.

All references in this code to “city superin­tendent”, “superintendent of utilities” and other titles referring to the administrator of the city shall mean “city administrator.” (Ord. 912 § 1, 1997).

2.06.040       Confirmation of appointment.

Pursuant to RCW 35A.12.090, confirmation by the city council of the appointment by the mayor of a city administrator for the city of Cashmere, Washington, is hereby required. (Ord. 1040 § 1, 2004).

2.06.050   City administrator duties in absence of acting city administrator.

During any time in which there is not an act­ing city administrator in the city of Cashmere, Washington, all duties of the city administrator set forth in the Cashmere Municipal Code shall be performed by the mayor or the mayor’s des­ignee pursuant to RCW 35A.12.100. (Ord. 1080 § 1, 2006).

Chapter 2.07
PUBLIC WORKS COORDINATOR

Sections:

2.07.010      Office created.
2.07.020      Duties.

2.07.010       Office created.

The office of public works coordinator is hereby created. The compensation of the pub­lic works coordinator shall be fixed from time to time by the city council. (Ord. 913 § 1, 1997; Ord. 892 § 1, 1997).

2.07.020       Duties.

It shall be the duty of the public works coor­dinator to aid and assist the city administrator in the overseeing of all departments of the city of Cashmere. The public works coordinator shall perform under the direct supervision of the city administrator and shall carry out tasks at the discretion of the city administrator according to his or her level of proficiency and experience. The public works coordinator shall generally perform at a technical level in the preparation of engineering reports and drawings, the administration and inspection of public works projects, the management and coordination of the city’s utilities departments, the supervision of the city’s computer network systems, and the administration and enforce­ment of the city’s various ordinances and pro­grams. A detailed description of the public works coordinator duties is listed in the per­sonnel and policies manual of the city of Cash­mere. (Ord. 913 § 1, 1997; Ord. 892 § 2, 1997).

Chapter 2.08

CITY CLERK-TREASURER

Sections:

2.08.010      Combined with office of treasurer – Duties.
 

2.08.010       Combined with office of treasurer – Duties.

The duties of the office of city clerk are combined with the duties of the office of city treasurer and creating a new position of city clerk-treasurer. The city clerk-treasurer shall exercise all powers and perform all duties as required in RCW 35A.42.010 and 35A.42.040 as now enacted or hereafter amended. (Ord. 867 § 1, 1996; Ord. 430 § 1, 1969).

Chapter 2.12
BUILDING INSPECTOR

Sections:

2.12.010      Contracts for services.
2.12.020      Repealed.

2.12.010       Contracts for services.

The mayor and clerk-treasurer are autho­rized, upon motion approved by the city coun­cil, to enter into agreements or contracts with other governmental bodies for building inspec­tor and building code enforcement services. The services shall include, but not be limited to:

A. Examine and approve all plans and spec­ifications for proposed buildings in the city before construction has begun;

B. Enforce all applicable building codes and inspect all buildings during construction; and

C. Perform all duties and functions of a building inspector as provided by law and by agreement between the parties. (Ord. 868 § 1, 1996; Ord. 111 § 4, 1916).

2.12.020       Unlawful acts designated.

Repealed by Ord. 1007. (Ord. 707 § 1, 1986; Ord. 111 § 5, 1916).

Chapter 2.34
MUNICIPAL COURT

(Repealed by Ord. 1055)

Chapter 2.40
REIMBURSEMENT

Sections:

2.40.010      Expenses of mayor, council – Approval.

2.40.010       Expenses of mayor, council – Approval.

The mayor and members of the city council shall be reimbursed for actual expenses incurred in the discharge of their official duties upon presentation of a claim therefore and after allowance and approval by the city council. (Ord. 870 § 1, 1996; Ord. 432 § 1, 1969).

Chapter 2.44
BOARD OF PARK COMMISSIONERS

Sections:

2.44.010      Definitions.
2.44.020      Creation of board.
2.44.030      Terms – Vacancy filling – Removal.
2.44.040      Officers – Quorum – Meetings
2.44.050      Purpose.

2.44.010       Definitions.

Words used shall have the following meanings:

A. “Board” means board of park commis­sioners.

B. “Park” means an area of land, with or without water, developed and used for public recreational purposes, including landscaped tracts; picnic grounds; playgrounds; athletic fields; recreation centers; camps; foot, bicycle and bridle paths; motor vehicle drives; wildlife sanctuaries; museums; zoological and botani­cal gardens; facilities for bathing, boating and fishing; as well as other recreational facilities for the use and benefit of the public. (Ord. 1008 § 1, 2002; Ord. 874 § 1, 1996).

2.44.020       Creation of board.

There is created a board of park commis­sioners, consisting of five members who shall be appointed by the mayor, with the consent of the city council, from citizens of recognized fitness for such positions. No commissioner shall receive any compensation for his ser­vices. (Ord. 874 § 2, 1996).

2.44.030       Terms – Vacancy filling – Removal.

The terms of office shall begin upon appointment and continue until the completion of the specific project under consideration. (Ord. 1008 § 2, 2002; Ord. 874 § 3, 1996).

2.44.040       Officers – Quorum – Meetings.

Members of the board shall meet and orga­nize by electing from the members a president, a secretary, and such other officers as may be necessary. It shall be the duty of the president to preside at all meetings of the board and of the secretary to keep minutes of all meetings and of all proceedings of the board. A majority of the board shall constitute a quorum for the transaction of business, and three affirmative votes shall be necessary to carry any proposi­tion. A meeting of the board shall be held as necessary, and meeting notices shall be posted at City Hall and the appropriate media advised of each meeting. (Ord. 1008 § 3, 2002; Ord. 874 § 4, 1996).

2.44.050       Purpose.

The board is created for the purpose of advising the mayor, city council and city staff regarding specific planning and development of the park and recreation facilities and proper­ties. The board shall perform specific tasks and/or projects as directed by the mayor and city council. The board shall promptly report to the council thereon, making such recom­mendations and giving such counsel as it may deem proper. (Ord. 1008 § 4, 2002; Ord. 977 § 1, 2000; Ord. 874 § 5, 1996).

Chapter 2.46
ECONOMIC DEVELOPMENT COMMISSION

Sections:

2.46.010      Purpose.
2.46.020      Economic development commission created.
2.46.030      Removal – Vacancies.
2.46.040      Meetings, officers, records and quorum.
2.46.050      Functions and duties.
2.46.060      Expenditures – Budget.
2.46.070      Staff assistance.

2.46.010       Purpose.

The purpose and intent of this chapter is to make available to the city council and mayor additional expertise relative to the monitoring, assessing and strengthening of existing eco­nomic development strategies and to develop new strategies of economic development for the city by establishing an economic develop­ment commission consisting of representatives from various professional disciplines. The economic development commission herein created shall not supplant administrative input to the city council by staff, but shall comple­ment staff input through the utilization and application of the special expertise possessed by its members. (Ord. 1029 § 1, 2003).

2.46.020       Economic development commission created.

There is hereby created within the city of Cashmere an economic development commis­sion composed of seven members appointed by the mayor. Members will serve four-year terms. The members of the commission shall be selected without regard to political affilia­tion and shall serve without compensation. A minimum of four members shall be involved in retail and hospitality, manufacturing and industry, professional services and Cashmere-related industry and research institutions. Of those above four members, one member shall be an active member of the Cashmere Cham­ber of Commerce. In addition to the above four members, one member shall be an active mem­ber of the Cashmere planning commission. The remaining two members shall be at large. In making appointments to the commission, the mayor shall strive to appoint individuals with multiple skills and with experience and expertise from various disciplines and back­grounds. (Ord. 1029 § 1, 2003).

2.46.030       Removal – Vacancies.

The commission may, by majority vote, rec­ommend to the mayor removal of an appointed member upon such grounds as may be deemed appropriate. The mayor may remove any appointed member of the commission and declare the position vacant. Vacancies occur­ring otherwise than by expiration of term shall be filled for any unexpired term in the manner used for regular appointments. Workshops shall be excluded from the definition of meet­ings for the purposes of this section. (Ord. 1029 § 1, 2003).

2.46.040       Meetings, officers, records and quorum.

The commission shall elect its own chair­person and vice-chairperson and create and fill such other offices as it may determine it requires. The commission shall hold regular meetings no less than every month on the first Tuesday of each month at 5:30 p.m. It shall adopt rules for transaction of business and shall keep a record of its meetings, resolutions, transactions, findings and determinations, which record shall be open to public inspec­tion. Any four members of the commission shall constitute a quorum for the transaction of business. An agenda shall be prepared and dis­tributed prior to each meeting which sets forth specified time periods during which individual items of commission business shall be dis­cussed. These time periods may be extended, but only by a vote of a majority of commission members present. At the initial meeting of the commission, a skeleton agenda with timelines shall be prepared. (Ord. 1029 § 1, 2003).

2.46.050       Functions and duties.

A. Prepare and submit recommendations to staff, mayor and council on a broad range of matters generally related to economic development as follows:

1.Formulate economic development goals for the city in a structured framework providing both time and measurement criteria.

2.Assess existing economic develop­ment policies for the purpose of recommend­ing such modifications as may be appropriate.

3.Formulate new economic develop­ment strategies and policies for the purpose of assuring achievement of the economic devel­opment goals.

4.Develop plans and programs for the purpose of retaining and enhancing the exist­ing commercial and industrial base of the city.

5.Develop plans and programs to pro­mote creative incentives including funding mechanisms, to attract, and retain, commercial and industrial development.

6.Develop strategies and programs to strengthen the concept of the public/private development partnership.

B. Convene, when necessary, to greet potential commercial and industrial residents and serve as a central body for the dissemina­tion of economic development information relating to availability of land, financial tools and resources and other factors relating to suc­cessful commercial and economic develop­ment.

C. Provide assistance with recruitment of new businesses to Cashmere.

D. Function as liaison with the existing businesses in matters relating to enhancement of economic development in Cashmere.

E. Perform such other duties and provide such additional information, assistance and advice to the mayor and city council as the mayor and city council may request or direct. (Ord. 1029 § 1, 2003).

2.46.060       Expenditures – Budget.

The expenditures of the commission, exclu­sive of donations, shall be limited to appropri­ations. All services requiring appropriations shall be submitted through the normal budget process of the city, and shall be included in the general government fund of the city; provided, however, that the services of outside consult­ants may be obtained for a temporary period of time when specifically authorized by the city council. (Ord. 1029 § 1, 2003).

2.46.070       Staff assistance.

The staff of the various departments within the city, as assigned by the city administrator, shall provide staff assistance and shall also serve to facilitate communications by the eco­nomic development commission to the mayor and city council. (Ord. 1029 § 1, 2003).

Chapter 2.48
PLANNING COMMISSION

Sections:

2.48.010      Created – Memberships and appointments.
2.48.020      Term of office.
2.48.030      Secretary.
2.48.040      Quorum.
2.48.050      Powers – Duties.
2.48.060      Recommendations to council.
2.48.070      Repealed.
2.48.080      Repealed.
2.48.090      Appointment to unexpired term.
2.48.100      Meetings.

2.48.010       Created – Memberships and appointments.

Pursuant to RCW 35.63.020 there is created a city planning commission. Said commission shall consist of seven members who shall be selected by the mayor of the city and con­firmed by the city council. (Ord. 1009 § 1, 2002; Ord. 681 § 1, 1985; Ord. 233 § 1, 1936).

2.48.020       Term of office.

The term of office of all commissioner posi­tions shall be four years. (Ord. 1009 § 2, 2002; Ord. 681 § 2, 1985; Ord. 233 § 1, 1936).

2.48.030       Secretary.

The planning commission may designate one of its members to act as secretary without salary. Upon request by the planning commis­sion, the mayor may designate a member of the paid staff to serve as secretary to the planning commission. The secretary to the planning commission shall submit minutes of all meet­ings of the planning commission to the mayor and city council at the next regularly scheduled city council meeting. (Ord. 871 § 1, 1996; Ord. 233 § 5, 1936).

2.48.040       Quorum.

A majority of the commission shall consti­tute a quorum for the transaction of business. Any action taken by a majority of those present at any regular or special meeting of the com­mission shall be deemed and taken as the action of the commission. (Ord. 233 § 6, 1936).

2.48.050       Powers – Duties.

The city planning commission shall have all of the powers and perform each and all of the duties specified by RCW 35A.63.020 of the state of Washington, together with any other duties or authority which may hereafter be conferred upon them by the laws of the state. The performance of such duties and the exer­cise of such authority is to be subject to each and all the limitations expressed in such legis­lative enactment or enactments. (Ord. 681 § 3, 1985; Ord. 233 § 2, 1936).

2.48.060       Recommendations to council.

The city council may refer to the commis­sion for its recommendation and report any ordinance, resolution or other proposal relat­ing to any of the matters and subjects referred to in said RCW 35A.63.020, and the commis­sion shall promptly report to the council thereon, making such recommendations and giving such counsel as it may deem proper in the premises. (Ord. 681 § 4, 1985; Ord. 233 § 3, 1936).

2.48.070       Submission of plats or plans.

Repealed by Ord. 1009. (Ord. 871 § 2, 1996; Ord. 233 § 4, 1936).

2.48.080       Annual report to council.

Repealed by Ords. 871 and 1009. (Ord. 233 § 7, 1936).

2.48.090       Appointment to unexpired term.

Any appointee to an unexpired term shall serve the remainder of said unexpired term. (Ord. 681 § 6, 1985).

2.48.100       Meetings.

A. The city planning commission shall meet on the first Monday of each month at the hour of 5:00 p.m. at the City Hall or at such other location as the planning commission may from time to time direct.

B. Special meetings shall be held by the planning commission upon giving at least 24 hours’ notice to all commission members.

Notice of the special meeting may be waived by commission members. Notice shall be given to all news media who have filed a request for such notice.

Chapter 2.50
HEARING EXAMINER

Sections:

2.50.010      Purpose.
2.50.020      Creation.
2.50.030      Appointment.
2.50.040      Qualifications.
2.50.050      Hearing examiner pro tem – Qualifications and duties.
2.50.060      Conflict of interest and freedom from improper influence.
2.50.070      Authority and duties.
2.50.080      Applications.
2.50.090      Report by city administrator
2.50.100      Public hearing.
2.50.110      Decision and recommendation – Findings required.
2.50.120      Reconsideration.
2.50.130      Appeal of hearing examiner’s decision.
2.50.140      Hearing examiner’s report.

2.50.010       Purpose.

The purpose of this chapter is to provide an administrative land use regulatory system which will separate the city’s land use regula­tory function from its land use planning func­tion; ensure and expand the principles of fairness and due process in public hearings; and to provide an efficient and effective land use regulatory system which integrates the public hearing and decision-making processes for land use matters. (Ord. 974 § 1, 2000).

2.50.020       Creation.

The office of the hearing examiner is cre­ated by the city. The hearing examiner shall interpret, review and implement land use regu­lations, hear appeals from orders, recommen­dations, permits, decisions or determinations made by a city official as set forth in this chap­ter, and review and hear other matters as pro­vided for in this code and other ordinances. The term “hearing examiner” shall likewise include the hearing examiner pro tem. (Ord. 974 § 1, 2000).

2.50.030       Appointment.

The hearing examiner shall be appointed by and serve at the pleasure of the mayor, with confirmation by the city council. This position will be a contracted position, reimbursement for which will be prescribed by the contract between the city and the hearing examiner. (Ord. 974 § 1, 2000).

2.50.040       Qualifications.

The hearing examiner shall be appointed solely with regard to qualifications for the duties of such office and shall have such train­ing or experience as will qualify the hearing examiner to conduct administrative or quasi-judicial hearings utilizing land use regulatory codes. The hearing examiner must have exper­tise and experience in planning, and should have knowledge or experience in at least one of the following areas: environmental sci­ences, law, architecture, economics or engi­neering. (Ord. 974 § 1, 2000).

2.50.050       Hearing examiner pro tem – Qualifications and duties.

The hearing examiner pro tem shall, in the event of the absence or the inability of the examiner to act, have all the duties and powers of the hearing examiner. The hearing examiner pro tem shall have such training or experience as to satisfy CMC 2.50.040. (Ord. 974 § 1, 2000).

2.50.060       Conflict of interest and freedom from improper influence.

A. The hearing examiner shall not conduct or participate in any hearing or decision in which the hearing examiner has a direct or indirect personal interest that might exert such influence upon the hearing examiner that might interfere with his or her decision-mak­ing process. Any actual or potential interest shall be disclosed to the parties immediately upon discovery of such conflict.

B. Participants in the land use regulatory process have the right, insofar as possible, to have the hearing examiner free from personal interest or pre-hearing contacts on land use regulatory matters considered by him or her. It is recognized that there is a countervailing public right to free access to public officials on any matter. Therefore, the hearing examiner shall reveal any substantial interest or pre-hearing contact made with him or her concern­ing the proceeding, at the commencement of such proceeding. If such interest or contact impairs the hearing examiner’s ability to act on the matter, such person shall so state and shall abstain therefrom to the end that the proceed­ing is fair and has the appearance of fairness.

C. Immediately after the announcement of any interest or pre-hearing contact, any person who objects to said interest or pre-hearing con­tact shall state the objection and any reasons supporting the objection. The failure to state such an objection at the time of announcement is deemed to be a waiver of said objection; therefore, this objection cannot be raised for the first time at any subsequent time.

D. The hearing examiner, upon hearing an objection, shall personally decide whether the interest or contact will impair his or her ability to be fair and impartial, and shall hear the case or abstain accordingly.

E. No city council member, city official or any other person shall interfere with or attempt to influence the hearing examiner in the per­formance of his or her designated duties; pro­vided, that a city official or employee may, in the performance of his/her own official duties, provide information for the hearing examiner or process a city case before the hearing exam­iner, when such actions take place or are dis­closed in the hearing examiner’s hearing or meeting. (Ord. 974 § 1, 2000).

2.50.070       Authority and duties.

A. The hearing examiner shall receive and examine available relevant information, including environmental documents, conduct public hearings, cause preparation of a record thereof, prepare and enter findings and conclu­sions based on these facts for the following:

1.Preliminary subdivisions;

2.Planned developments;

3.Rezones which are not of general applicability;

4.Applications for variances, condi­tional use permits, permits for the alteration, expansion or replacement of a nonconforming use, and waivers;

5.Amendments and/or alterations to plats;

6.Petitions for plat vacations;

7.Appeals alleging an error in a deci­sion of a city official in the interpretation or the enforcement of the zoning code or any other development regulation;

8.Appeals alleging an error in a deci­sion of a city official in taking an action on a short plat or binding site plan;

9.Appeals alleging an error in adminis­trative decisions or determinations pursuant to Chapter 43.21C RCW;

10.Any other matters as specifically assigned to the hearing examiner by the city council or as prescribed by the city code.

B. The decision of the hearing examiner on all matters is final and conclusive, unless appealed pursuant to Chapter 14.11 CMC.

C. The hearing examiner’s decision shall be based upon the policies of the comprehen­sive planning documents of the city, the stan­dards set forth in the various development regulations of the city or any other applicable program adopted by the city council. When acting upon any of the above applications or appeals, the hearing examiner may grant or deny the application, or may attach reasonable conditions, modifications and restrictions found necessary to make the project compati­ble with its location and to carry out the goals and policies of the applicable comprehensive plan, or other applicable plans or programs adopted by the city council.

D. The hearing examiner shall conduct public hearings pursuant to CMC Titles 14, 16, 17, and 18, and conduct such other hearings or meetings as the city council may from time to time deem appropriate. (Ord. 974 § 1, 2000).

2.50.080       Applications.

Applications for all matters to be heard by the hearing examiner shall be presented to the city administrator, to be processed according to the applicable provisions of the CMC, including without limitation CMC Title 14, Development Code Administration. The city administrator shall be responsible for assign­ing a date for the public hearing for each appli­cation as required. The hearing examiner may consider two or more applications relating to a single project concurrently, and the findings of fact, conclusions and decision on each applica­tion may be covered in one written decision. (Ord. 974 § 1, 2000).

2.50.090       Report by city administrator.

The city administrator shall coordinate and assemble the comments and recommendations of other applicable city officials and govern­mental agencies having an interest in the appli­cation, and shall prepare a report summarizing the factors involved, including recommenda­tions and suggested findings and conclusions. At least seven calendar days prior to the sched­uled hearing, the report shall be filed with the hearing examiner and copies thereof shall be mailed to the applicant and shall be made available to any interested party at the cost of reproduction. (Ord. 974 § 1, 2000).

2.50.100       Public hearing.

A. Before rendering a decision on any application, the hearing examiner shall hold at least one public hearing thereon. Notice of the time and place of the public hearing shall be given as provided in the applicable city code governing the application.

B. The hearing examiner shall have the authority to prescribe rules and regulations for the conduct of hearings before the hearing examiner, and also to administer oaths and to preserve order. (Ord. 974 § 1, 2000).

2.50.110       Decision and recommendation – Findings required.

A. When the hearing examiner renders a decision or recommendation, he or she shall make and enter written findings from the record and conclusions thereof, which support such decision. The findings and conclusions shall set forth and demonstrate the manner in which the decision carries out and helps to implement the goals and policies of the com­prehensive plan and the standards set forth in the various land use regulatory codes.

B. At the conclusion of oral testimony at a public hearing, the hearing examiner may establish the date and time at which the public record will close. The public record may be extended beyond the public hearing for the purpose of allowing written testimony to be submitted. The extension shall not exceed 10 working days after the conclusion of oral testi­mony. All decisions of the hearing examiner shall be rendered within 10 working days after the date the public record closes.

C. Upon issuance of the hearing examiner’s decision, the staff shall transmit a copy of the decision by certified mail to the applicant and send a notice of the decision by first class mail to other interested parties requesting the same. (Ord. 974 § 1, 2000).

2.50.120       Reconsideration.

An applicant or party of record to a hearing examiner’s public hearing may seek reconsid­eration only of a final decision by filing a writ­ten request for reconsideration with the city administrator within 10 days of the final deci­sion. The request shall comply with CMC 14.11.030(B). The hearing examiner shall con­sider the request at the next regularly sched­uled meeting, without public comment or argument by the party filing the request. If the request is denied, the previous action shall be come final, as of the date of the decision on the request for reconsideration. If the request is granted, the hearing examiner may immedi­ately revise and reissue its decision or may call for argument in accordance with the proce­dures for closed record appeals. Reconsidera­tion should be granted only when an obvious legal error has occurred or a material factual issue has been overlooked that would change the previous decision. (Ord. 974 § 1, 2000).

2.50.130       Appeal of hearing examiner’s decision.

The final decision by the hearing examiner on any matter within his/her jurisdiction may be appealed in accordance with Chapter 14.11 CMC. (Ord. 974 § 1, 2000).

2.50.140       Hearing examiner’s report.

A. The hearing examiner shall meet at least once per calendar year with the city council and the planning commission for the purpose of reviewing the policies contained in the com­prehensive plans and the administration of these policies.

B. The hearing examiner shall briefly sum­marize the hearing examiner’s decisions and recommendations for each calendar year. (Ord. 974 § 1, 2000).

Chapter 2.52
CEMETERY DEPARTMENT

Sections:

2.52.010      Established.
2.52.050      City clerk-treasurer – Duties.
2.52.060      Investments.
2.52.070      Funds.
2.52.075      Rates established.
2.52.076      Repealed.
2.52.077      Repealed.
2.52.078      Repealed.
2.52.079      Cemetery contract.
2.52.080      Rules, regulations and prices – Public notice of changes required.
2.52.090      Violation – Penalty.

2.52.010       Established.

There is established and created a cemetery department for the city which department shall have the management and control of the affairs of the Cashmere Cemetery and the Treadwell-Brisky Cemetery. (Ord. 919 § 2, 1998; Ord. 208 § 1, 1932).

2.52.050   City clerk-treasurer – Duties.

It shall be the duty of the city clerk-treasurer to invest all sums of money received for endowment care and to take and hold any property, real or personal, bequeathed or given, upon trust and in a separate fund known as the “endowment care fund.” (Ord. 1079 § 1, 2006; Ord. 751 § 1, 1989; Ord. 664 § 4, 1983; Ord. 208 § 5, 1932).

2.52.060       Investments.

All investments of cemetery funds shall be made by the city clerk-treasurer as approved by the city council. (Ord. 664 § 5, 1983; Ord. 208 § 6, 1932).

2.52.070       Funds.

All sums of money other than endowment care funds received or obtained in the manner provided in this chapter shall be deposited with the city clerk-treasurer and shall be kept sepa­rate and apart in a fund known as the “ceme­tery fund” and shall be paid out by the city clerk-treasurer only upon warrant drawn by the order of the city council of the city and endorsed by the mayor and attested by the city clerk-treasurer. (Ord. 664 § 6, 1983; Ord. 208 § 7, 1932).

2.52.075       Rates established.

The city council shall establish and, as deemed appropriate, amend by resolution rates to be paid for sexton services provided by the city. The rates shall be published in the “City of Cashmere General Information and Utility Regulations and Rates” booklet as first adopted on September 26, 1994, by resolution of the city council and as may be updated as necessary by resolution of the city council to reflect changes in regulations, fees and charges. (Ord. 1010 § 1, 2002; Ord. 919 § 3, 1998; Ord. 908 § 1, 1997; Ord. 891 § 1, 1996; Ord. 843 § 1, 1994; Ord. 791 § 1, 1991; Ord. 768 § 1, 1990; Ord. 755 § 1, 1990; Ord. 749 § 1, 1989; Ord. 730 § 1, 1988; Ord. 718 § 1, 1986; Ord. 664 § 7, 1983; Ord. 638 § 1, 1982; Ord. 579 § 1, 1979).

2.52.076       Rates established for Treadwell-Brisky Cemetery.

Repealed by Ord. 919. (Ord. 649 § 1, 1983).

2.52.077       Lots and endowment care.

Repealed by Ord. 1010. (Ord. 908 § 2, 1997; Ord. 891 § 2, 1996; Ord. 843 § 1, 1994; Ord. 791 §1, 1991; Ord. 768 § 1, 1990; Ord. 755 § 1, 1989; Ord. 749 § 1, 1989; Ord. 730 § 2, 1988; Ord. 718 § 1, 1986; Ord. 664 § 8, 1983).

2.52.078       Markers, vases and liners.

Repealed by Ord. 1010. (Ord. 919 § 4, 1998; Ord. 908 § 3, 1997; Ord. 891 § 3, 1996; Ord. 843 § 1, 1994; Ord. 791 § 1, 1991; Ord. 768 § 1, 1990; Ord. 755 § 1, 1989; Ord. 749 § 1, 1989; Ord. 730 § 3, 1988; Ord. 718 § 1, 1986; Ord. 664 § 9, 1983).

2.52.079       Cemetery contract.

The city clerk-treasurer is authorized to enter into agreements for the purchase of a cemetery grave at a price specified by the city. The balance of the total purchase price plus interest of said grave shall be paid to the city within six months if the balance owed the city is less than $100.00 and within 12 months if the initial balance owed the city is greater than $100.00. All said payments to be made to the city clerk-treasurer. The agreement shall fur­ther provide that upon deposit of the full pur­chase price in said fund within said period of time, the entire amount so deposited will be transferred to the appropriate cemetery funds, and the individual making the deposits will be issued the usual evidence of ownership of said grave by the city. In the event of default in pay­ments in said purchase agreement, the city may declare the agreement to be in default, send written notice to purchaser and claim all pay­ments made as liquidated damages. The city shall also, upon giving written notice, receive all right, title and interest in and to said grave site. Said option agreement and all interest of said individual in the grave described therein shall terminate and the city may sell said grave to other parties. (Ord. 1010 § 4, 2002; Ord. 664 § 10, 1983).

2.52.080   Rules, regulations and prices – Public notice of changes required.

The city     Council shall establish and, as deemed appropriate, amend by resolution the rules and regulations of the Cashmere Ceme­t     Cemetery. The rules and regulations shall be pub­lished in the “Cashmere Cemetery Rules and Regulations” booklet     as first adopted on March 9, 1998, by resolution of the city coun­cil and as may be updated as necessary by             resolution of the city council to reflect changes in rules and regulations. (Ord. 1010 § 5, 2002; Ord. 208 § 8, 1932).

2.52.090   Violation – Penalty.

Enforce     Enforcement of these rules and regulations shall be as provided for in CMC 1.20.010. (Ord. 1010 § 6, 2002; Ord. 208 § 9, 1932).

Chapter 2.56
FIRE DEPARTMENT*

Sections:

2.56.010    Established – Membership and organization.
2.56.020    Fire chief – Office created, appointment, removal and duties.
2.56.030    Rules and regulations.
2.56.040    Equipment and apparatus.
2.56.050    Volunteer fire fighter’s and reserve officer’s relief and pension act.
2.56.060    Board of trustees – Composition – Meetings.
2.56.070      Compensation.
2.56.080    Finances.
2.56.090    Mutual aid systems – Contracts with other governmental jurisdictions.

*Prior legislation: Ords. 114, 246, 263, 273, 517, 857, 935, 964 and 966.

2.56.010       Established – Membership and organization.

                 There is created and established in and for the city of Cashmere a volunteer fire depart­ment, to be known and           designated as the “Cashmere volunteer fire department” (the “department”). Such department shall consist of a fire            chief and officers and members selected as provided in this chapter. Member­ship in the Cashmere volunteer fire            department shall not exceed 20 members for each 1,000 population of the city. (Ord. 972 § 1, 2000).

2.56.020   Fire chief – Office created, appointment, removal and duties.

                A. The department shall be under the con­trol and direction of the fire chief, which office is hereby provided for and          constituted.

                B. The fire chief shall be appointed by the mayor and may be disciplined, suspended, or removed at any time for just           cause by the mayor.

               C. The fire chief shall be responsible to the mayor and city council for the safe operation and general efficiency of the               department.

                D. The powers and duties of the fire chief shall be as provided in the city of Cashmere personnel and policy manual           and the depart­ment by-laws, as approved by the city council, and shall include, at a minimum, the follow­ing:

      1.The formulation of a set of rules and regulations to operate the department.

       2.The administration and enforcement of the Uniform Fire Code pursuant to RCW 19.27.030, as now enacted  or as hereafter amended, along with any local codes or ordi­nances that come under the jurisdiction of the department and any other statutes, ordinances or rules requiring his administration or enforcement.

3.The establishment and implementa­tion of suitable drills or instructions in the operation and handling of equipment, first aid and rescue work, salvage, fire prevention, water supplies or any other matters considered essential to protection of life and property.

4.The maintenance of up-to-date records and records relating to activities of the department. The fire chief shall submit to the mayor an annual report relating the general condition of the department and recommenda­tions for any improvements or changes in the department. The fire chief shall submit any additional reports or information as requested by the mayor and/or city council.

5.The preparation and administration of an annual budget.

6.The selection, appointment, and supervision of officers, subject to the approval of the mayor. The fire chief may discipline, suspend and/or remove an officer or member of the department at any time, with or without cause, as deemed necessary for the good of the department; provided, that within 10 business days after such discipline, suspension or removal, any officer or member of the depart­ment may request, in writing, a review of such action by the department’s review committee in accordance with the department by-laws. If a member or officer disagrees with a decision of the review committee, then that individual may file a written appeal with the mayor. The mayor, within 30 business days of receipt of the written appeal, shall review the action taken by the fire chief and/or review commit­tee and may either modify, overturn, or uphold such discipline, suspension, or removal. Fail­ure to file a written appeal will   result in waiver of the right of appeal and will be considered consent to the action taken by the fire chief. (Ord. 972 § 1, 2000).

2.56.030       Rules and regulations.

The department may adopt such by-laws, rules, and regulations as it deems necessary regarding governing the administration of the department, and the care and use of equipment; and such by-laws, rules, and regulations shall comply with the provisions of any applicable city ordinances and with state law, and gener­ally be in accord with the policies of the National Fire Insurance Underwriters. Such by-laws, rules, and regulations as adopted by the department shall be approved by the city council. (Ord. 972 § 1, 2000).

2.56.040       Equipment and apparatus.

A. The department shall be equipped with such apparatus and equipment as may be required to maintain its efficiency and to pro­tect life and property. Recommendations of apparatus and equipment needed shall be made by the fire chief, and if approved by the city council shall be purchased in such manner as designated by the city council.

B. All equipment of the department pur­chased by or donated to the city shall be owned by the city and housed in such places as may be designated by the council and be under the control of the fire chief.

C. Any equipment loaned to the department by governmental entities, with which the city contracts for protection of life and property, shall be housed in such places as may be des­ignated by the city council and be under the control of the fire chief.

D. No person shall use any fire apparatus or equipment for any private purpose, nor shall any person willfully and without proper authority take away or conceal any article used by the department. (Ord. 972 § 1, 2000).

 

2.56.050       Volunteer fire fighter’s and reserve officer’s relief and pension act.

A. Every regular member of the department may be enrolled in the relief and pension pro­visions of Chapter 41.24 RCW, Volunteer Fire Fighter’s and Reserve Officer’s Relief and Pension Act, as it is presently enacted or may be hereafter amended, for the purpose of pro­viding protection for such members and their families from death or disability arising from the performance of their duties.

B. Every regular member of the department shall have the option to avail himself of the retirement provisions of Chapter 41.24 RCW, provided such regular members shall success­fully serve a probationary period of 12 months prior to being permitted to enroll.

C.On or before the fifteenth day of Febru­ary of each year, every regular member of the department who has elected to enroll under the pension provisions shall pay to the city clerk such sums as are required to be paid under applicable state statutes relating to contribu­tions from regular members of the department.

D. On or before the twenty-fifth day of Feb­ruary each year, the city clerk shall remit and pay to the State Board for Volunteer Firemen and Reserve Officers all contributions paid into the city treasury by regular members electing to enroll in the pension program together with all sums required to be paid by the city into the volunteer fire fighter’s and reserve officer’s relief and pension fund under applicable state statutes. (Ord. 972 § 1, 2000).

2.56.060       Board of trustees – Composition – Meetings.

The board of trustees as created and estab­lished by RCW 41.24.060 for the administra­tion of Chapter 41.24 RCW is recognized as consisting of the mayor, the city clerk, one council member other than the mayor, the fire chief, and one member of the department to be elected by the regular members for one year and annually thereafter. The board shall sched­ule and have a regular monthly meeting, pro­vided there is business to be transacted. (Ord. 972 § 1, 2000).

2.56.070       Compensation.

A. Each member of the fire department who attends any practice or emergency call within the city limits of the city of Cashmere and remains subject to the orders of the fire chief until dismissed by him or his designee shall receive compensation as determined by the mayor and approved by the city council.

B. The fire chief, assistant fire chief, and two deputy chiefs of the department shall be paid a wage as determined by the mayor and approved by the city council. (Ord. 972 § 1, 2000).

2.56.080       Finances.

The city council shall appropriate funds to provide for the operation of the department to maintain efficiency and provide for protection of life and property. Any funds received as a donation for services performed by the depart­ment for protection of life and property shall be deposited with the department and appro­priated as recommended by the fire chief and approved by the city council. (Ord. 972 § 1, 2000).

2.56.090       Mutual aid systems – Contracts with other governmental jurisdictions.

The city is authorized to enter into agree­ments or contracts with other governmental jurisdictions to provide protection of life and property with the recommendation of the fire chief. (Ord. 972 § 1, 2000).

Chapter 2.68
POLICE PROTECTION

Sections:

2.68.010      Contract authorized.
 

2.68.010       Contract authorized.

The mayor and clerk-treasurer are autho­rized, upon motion approved by the city coun­cil, to enter into agreements or contracts with other governmental bodies for law enforce­ment services. During the term of the contract the governmental body shall provide police protection and law enforcement within the cor­porate limits of the city. (Ord. 872 § 1, 1996; Ord. 456, 1972).

Chapter 2.76
CIVIL DEFENSE

Sections:

2.76.010      Participation in Chelan County emergency services department.
2.76.020      Mayoral authority.

2.76.010       Participation in Chelan County emergency services department.

For the purpose of caring at all emergency functions and to minimize and repair injury and damage to aid victims suffering from dam­age, resulting from disasters caused by enemy attack, sabotage or other hostile action, or by flood, fire, storm, earthquake or other natural causes and to provide support for search and rescue operations for persons and property in distress including firefighting services, police services, medical and health services, rescue, engineering, air-raid and warning services, communication, radiological, chemical and other special weapons defense, evacuation of persons from stricken areas, emergency wel­fare services, emergency transportation, exist­ing and properly assigned functions of plan protection, temporary restoration of public utility services and other functions related to civilian protection together with all other activities necessary or incidental to the prepa­ration and for carrying out the foregoing func­tions, and as provided under Chapter 38.52 RCW as now enacted and hereafter amended, the city agrees to participate in the Chelan County emergency services department, for which such agency is authorized to perform all emergency services and duties for the city. (Ord. 528 § 2, 1977).

2.76.020       Mayoral authority.

The mayor of the city is empowered and authorized in the name of the city to participate in the activities of the Chelan County depart­ment of emergency services and to do all acts necessary to carry out the provisions of the mutual aid agreement of the city and the Chelan County department of emergency ser­vices. (Ord. 528 § 3, 1977).

Chapter 2.80
EMERGENCY SERVICES

Sections:

2.80.010      Purpose.
2.80.020      Created – Operation
2.80.030      Contracts with other entities.

2.80.010       Purpose.

The purpose of this chapter is to provide for the care and/or transport of disabled, ill or injured persons in or with ambulances, first aid vehicles or non emergency transport vehicles, and is an exercise of the city’s police power and is specifically authorized by RCW 35.21.766. (Ord. 778 § 1, 1991).

2.80.020       Created – Operation.

The city council creates the emergency ser­vices department, hereinafter referred to as “ambulance service,” as a separate utility of the city. The ambulance service shall be oper­ated by the fire department of the city or such other entity as the city council may from time to time designate. The ambulance service shall do all things necessary to provide for the care and/or transportation of injured and ill persons and all in accordance with Washington State protocol and standards now in effect and as they may hereinafter be amended. (Ord. 778 § 2, 1991).

2.80.030       Contracts with other entities.

The city council may also from time to time contract with other entities for all or any por­tion of the functions and duties of the ambu­lance service. (Ord. 778 § 3, 1991).

Chapter 2.84
EMPLOYEE RESIDENCY REQUIREMENT

Sections:

2.84.010      Established.

2.84.010       Established.

The city administrator, public works field supervisor and the employees of the city of Cashmere light department, water and waste­water department, and street department shall reside not more than 15 minutes driving time, at the legal speed limit, from the city of Cash­mere public works building at 200 Railroad Avenue, Cashmere, Washington. All employ­ees hereinafter employed in these positions and departments shall reside within said boundaries within 12 months of employment. The mayor may extend the limit up to an addi­tional six months under extraordinary circum­stances. Failure of said employees to reside within said boundaries within the specified time period shall be a basis for termination of employment. (Ord. 969 § 1, 2000; Ord. 829 § 1, 1994).