Surprise: 76 Dayton Ordinances Missing

DAYTON - The Dayton City Council revisited one of about 76 ordinances that should have been part of the city's municipal code but were inadvertently omitted.

The ordinance, title five, chapter 12, section 840 of Dayton's Municipal Code, creates an appeal period of 21 days from the date of an administrative decision and/or an interpretation of an administrative code, city Clerk-Treasurer Trina Cole said at the city council meeting Monday night. The ordinance was apparently inadvertently appealed in 2001, Cole said, and was reinstated at the council meeting.

State law usually has a 21 day appeal period on the Land Use Petition Act (LUPA), written by RCW, Cole said.

"We used to have this appeal period in the existing land use regulations," Cole said. "In 2001 it was inad­vertently appealed and this (approval by the council) is simply placing an appeal period back into the admin­istrative decision process."

Councilmen Bill Gra­ham and Dain Nysoe both expressed surprise that the ordinance was appealed and that it took 11 years to be reinstated.

Cole said based on extensive research through records, discussion notes, minutes and planning com­mission records, an inad­vertent appeal is the only explanation for the deletion of the ordinance.

"The Dayton Municipal Code had approximately 76 ordinances missing from it," Cole said.

The ordinance reinstated by the council at the meet­ing is a result of a major codification project Cole said has been underway since last year to remedy the ordinances that need to be added back into the munici­pal code.

Mayor Craig George said this particular ordinance issue slipped under the radar because it hadn't been called into question since its removal 11 years ago.

"One reason we wouldn't know (the ordinance was missing) is, no one ever brought it up and wanted to use it in a process," George said. Recently, the code was called into question, bring­ing it to light in front of the council. Cole said a major review of ordinances to remove outdated codes has been done and the council will be aware of changes and removals in January.

Cole said some of the outdated ordinances being removed were passed in the early 1900s, like one that forbade barbed wire fences within city limits, and the council will see all of the ordinances for removal next year.

Year-end Recap

-Well number one, recently damaged in a power outage on Nov. 19, is back up and running after repairs and testing. The well has been back in service since Monday morning at 8 a.m.

-Dog owners will have an opportunity to voice their opinions about the possibility of a dog park in Dayton when they pick up dog licenses. Councilwoman Christine Broughton said if there is enough interest expressed by dog owners, the park will be brought up for serious consideration.

-The city is now accepting applications for planning com­mission members. The planning commission is out of service cur­rently because the board is short one member and therefore cannot reach a quorum, Councilman Arthur Hall said. Interested parties may submit a letter of interest to city hall.