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Kittitas County Code



Title 1 | General Provision*

Chapters
1.04 Code Adoption
1.08 Commissioners Districts - Voting Precincts
1.10 Rules of Procedure for Proceedings Before the Kittitas County Hearing Examiner
1.12 Employment of Prisoners
1.16 General Penalty
1.20 Right of Entry
1.24 Private Property Taking Impact Analyses
1.26 Private Property Owners' Bill of Rights
1.28 Coordinating Government Regulation of Land and Natural Resource Use

* For the statutory provisions regarding classification of counties, see RCW 36.13.

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Chapter 1.04
CODE ADOPTION

Sections
1.04.010 Adoption.
1.04.020 Title - Citation - Reference.
1.04.030 Definitions.
1.04.040 Grammatical interpretation.
1.04.050 Prohibited acts include causing, permitting, etc.
1.04.060 Construction.
1.04.070 Provisions codified.
1.04.080 Reference applies to all amendments.
1.04.090 Title, chapter and section headings.
1.04.100 Reference to specific ordinances.
1.04.110 Effect of code on past actions and obligations.
1.04.120 Effective date.
1.04.130 Constitutionality.

1.04.010 Adoption.
There is adopted the "Kittitas County Code," which consists of all of the ordinances as past codified by Book Publishing Company, Seattle, Washington, and all other uncodified ordinances adopted by the Kittitas County board of county commissioners after the last codification published by Book Publishing Company, Seattle, Washington. (Ord. 87-7, 1987: Ord. 71-16 § 1, 1971).

1.04.020 Title - Citation - Reference.
This code shall be known as the "Kittitas County Code" and it may be referred to as the "Kittitas County Code" in any prosecution for the violation of any provision thereof or in any proceeding at law or equity. Prosecutions for violations of Kittitas County ordinances and/or resolutions and actions based thereon refer to the "Kittitas County Code" sections as well as the underlying ordinance and/or resolution upon which the prosecution or action is based. Amendments to any ordinances or resolutions or portions thereof of Kittitas County shall also refer to the "Kittitas County Code" sections under which such ordinances or resolutions are codified. (Ord. 71-16 § 2, 1971).

1.04.030 Definitions.
The following words and phrases whenever used in the ordinances or resolutions of the county shall be construed as defined in this section unless from the context a different meaning is intended or unless different meaning is specifically defined and more particularly directed to the use of such words or phrases:

County
The county of Kittitas, Washington or the area within the territorial limits of the county and such territory outside of the county over which the county has jurisdiction or control by virtue of any constitutional or statutory provision;
Board
The Board of County Commissioners of Kittitas County, Washington;
All its members (or "all commissioners")
The total number of commissioners provided by the general laws of the state of Washington;
Law
Applicable federal law, the constitution and statutes of the state of Washington, the ordinances and resolutions of the county and when appropriate, any and all rules and regulations which may be promulgated thereunder;
Oath
Includes affirmation;
Office
The use of the title of any officer, employee, or any office, or ordinance or resolution shall mean such officer, employee, office, or ordinance or resolution of Kittitas County, Washington unless otherwise specifically designated;
Resolution
A law of the county; provided that a temporary or special law, administrative action, order or directive, may be in the form of a resolution;
Person
Natural person, joint venture, joint stock company, partnership, association, club, company, corporation, business, trust, organization, or the manager, lessee, 1.04.040 - 1.04.110 1-3 agent, servant, officer or employee of any of them;
State
The state of Washington;
Street
Includes all streets, highways, avenues, lanes, alleys, courts, places, squares, curbs, or other public ways in this county which have been or may hereafter be dedicated and open to public use, or such other public property so designated in any law of this state except that this definition shall not include any streets, alleys, or roads which are within the boundaries of any incorporated city or town of this county unless specifically included therein;
May
Is permissive;
Must and Shall
Each is mandatory;
Written
Includes printed, typewritten, mimeographed or multigraphed.

(Ord. 71- 11 § 1, 1971).

1.04.040 Grammatical interpretation.
The following grammatical rules shall apply in the ordinances and resolutions of Kittitas County, Washington:

  1. Gender. Any gender includes the other genders;
  2. Singular and plural. The singular number includes the plural and the plural includes the singular;
  3. Tenses. Words used in the present tense include the past and the future tenses and vice versa;
  4. Use of words and phrases. Words and phrases not specifically defined shall be construed according to the context and approved usage of the language. (Ord. 71-11 § 2, 1971).

1.04.050 Prohibited acts include causing, permitting, etc.
Whenever in this code any act or omission is made unlawful it shall include causing, allowing, permitting, aiding, abetting, suffering, or concealing the fact of such act or omission. (Ord. 71-11 § 3, 1971).

1.04.060 Construction.
The provisions of this code and all proceedings under it are to be construed with a view to effect its objects and to promote justice. (Ord. 71-11 § 4, 1971).

1.04.070 Provisions codified.
This code consists of all the regulatory and penal ordinances and certain of the administrative ordinances of Kittitas County, Washington. (Ord. 71-16 § 3, 1971).

1.04.080 Reference applies to all amendments.
Whenever a reference is made to this code as the "Kittitas County Code" or to any portion thereof, or to any ordinance of the county the reference shall apply to all amendments, corrections and additions heretofore, now or hereafter made. (Ord. 71-16 § 5, 1971).

1.04.090 Title, chapter and section headings.
Title, chapter and section headings contained herein shall not be deemed to govern, limit, modify or in any manner affect the scope, meaning or intent of the provisions of any title, chapter or section hereof. (Ord. 71-16 § 5, 1971).

1.04.100 Reference to specific ordinances.
The provisions of this code shall not in any manner affect matters of record which refer to, or are otherwise connected with ordinances which are therein specifically designated by number or otherwise and which are included within the code, but such reference shall be construed to apply to the corresponding provisions contained within this code. (Ord. 71-16 § 6, 1971).

1.04.110 Effect of code on past actions and obligations.
Neither the adoption of this code nor the repeal or amendments hereby or any ordinance or part or portion of any ordinance of the county shall in any manner affect the prosecution for violations of ordinances, which violations were committed prior to the effective date hereof, nor be construed as a waiver of any license, fee, or penalty at said effective date due and unpaid under such ordinances nor be construed as affecting any of the provisions of such ordinances relating to the collection of any such license, fee, or penalty, on the penal provisions applicable to any violation thereof, nor to affect the validity of any bond or cash deposit in lieu thereof required to be posted, filed or deposited pursuant to any ordinance and all rights and obligations thereunder appertaining shall continue in full force and effect. (Ord. 71-16 § 7, 1971).

1.04.120 Effective date.
This code shall become effective on the date the ordinance adopting this code as the "Kittitas County Code" becomes effective. (Ord. 71-16 § 8, 1971).

1.04.130 Constitutionality.
If any section, subsection, sentence, clause or phrase of this code is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this code. The council declares that it would have passed this code, and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases had been declared invalid or unconstitutional, and if for any reason this code should be declared invalid or unconstitutional, then the original ordinance or ordinances shall be in full force and effect. (Ord. 71-16 § 9, 1971).

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Chapter 1.08
COMMISSIONERS DISTRICTS - VOTING PRECINCTS*

Sections
1.08.010 Commissioner districts designated.
1.08.020 Voting precincts described.
1.08.025 Canyon voting precinct.
1.08.030 Cle Elum voting precincts.
1.08.040 Cliffdell voting precinct.
1.08.045 Damman voting precinct.
1.08.047 Dry Creek voting precinct.
1.08.050 Denmark voting precinct.
1.08.070 Easton voting precinct.
1.08.075 East Sanders voting precinct.
1.08.080 Ellensburg voting precincts.
1.08.085 Fairview voting precinct.
1.08.090 Hyak voting precinct.
1.08.095 Kachess voting precinct.
1.08.100 Kittitas voting precincts.
1.08.110 Manastash voting precinct.
1.08.120 Mountain voting precinct.
1.08.121 Ronald voting precinct.
1.08.125 North-East Fairview voting precinct.
1.08.130 North Ellensburg voting precinct.
1.08.140 North Central voting precinct.
1.08.150 Park voting precinct.
1.08.160 Peoh Point voting precinct.
1.08.170 Ridgeway voting precinct.
1.08.180 Roslyn voting precincts.
1.08.190 Roslyn outlying voting precinct.
1.08.200 Sanders voting precinct.
1.08.210 South Cle Elum voting precinct.
1.08.220 South Ellensburg voting precinct.
1.08.240 Swauk voting precinct.
1.08.250 Teanaway voting precinct.
1.08.260 Thorp voting precinct.
1.08.265 Thrall voting precinct.
1.08.270 Vantage voting precinct.
1.08.275 Westside voting precinct.

* For the statutory provisions regarding the division of the county into three commissioner's districts by the board of county commissioners, see RCW 36.32.020; for provisions generally regulating the fixing of precincts, see RCW 29A.16.050.

1.08.010 Commissioner Districts designated.
The precincts included in the three commissioner districts shall be as follows:

Commissioner District No. 1: Denmark, East Sanders, Ellensburg precincts 5, 9, 10, 11, 12, 13, 14, 15, 23, and 24; Kittitas 1 and 2, Fairview, North-East Fairview, North Central, Park, Sanders, South Ellensburg, Thrall and Vantage.

Commissioner District No. 2: Cle Elum precincts 1, 2, 3 and 4, Damman, Dry Creek, Easton, Hyak, Kachess, Mountain, North Ellensburg, Peoh Point, Ronald, Roslyn 1 and 2, Roslyn Outlying, South Cle Elum, Swauk, Teanaway, Manastash, Ridgeway, Thorp, and Westside.

Commissioner District No. 3: Ellensburg precincts 1, 2, 4, 6, 7, 8, 16, 17, 18, 19, 20, 21, 22, and 25. (Ord. 2011-014, 2011; Ord. 2005-21, 2005; Ord. 2002-07, 2002; Ord. 93-22)

1.08.020 Voting precincts described.
The precincts as described in this chapter are the voting precincts for the county, with the boundaries described in this chapter. (Ord. 2005-21, 2005; Vol. M, p. 213, 1960).

1.08.025 Canyon voting precinct.
Canyon Precinct eliminated - merged with Damman, South Ellensburg precincts. (Ord. 2011-014, 2011; Ord. 2005-21, 2005; Res. 77-44 (part), 1977).

1.08.030 Cle Elum voting precincts.
Cle Elum 1: Beginning at the north city limits and Peoh Avenue extended, thence following city limits east, south and west to the southern extension of Peoh Avenue, thence north on Peoh Avenue to the point of beginning.

Cle Elum 2: Beginning at the north city limits and Pennsylvania Avenue extended, thence following the city limits east to Peoh Avenue extended, thence south on the extension of Peoh Avenue and Peoh Avenue to the south city limits, if extended, thence following city limits west to Billings Avenue, if extended, thence north on Billings to the point where Billings Avenue meets 2nd street, east 2 city blocks to the point where 2nd street meets Pennsylvania Ave, thence north on Pennsylvania Avenue to the point of beginning.

Cle Elum 3: Beginning at the north city limits and Pennsylvania Avenue extended, south on extension of Pennsylvania Avenue to 2nd Street, thence west 2 city blocks to Billings Avenue, north on Billings to 3rd Street, west on 3rd Street to Stafford Avenue, thence north on extension of Stafford Avenue to the city limits.

Cle Elum 4: Beginning at the north city limits and Stafford Avenue extended, then south on Stafford Avenue to 3rd Street, east on 3rd Street to Billings Avenue, south on Billings Avenue to the south city limits, thence following the city limits west, north and east back to the point of beginning. (Ord. 2011-014, 2011; Ord. 2005-21, 2005)

1.08.040 Cliffdell voting precinct.
Cliffdell voting precinct eliminated - merge with Manastash voting precinct. (Ord. 2011-014, 2011; Ord. 2005-21, 2005; Res. 83-61 (part), 1983: Vol. M, p. 213, 1960).

1.08.045 Damman voting precinct.
Beginning at a point where the Yakima River intersects the east boundary line of Section 36, Township 17N, Range 18E; thence south along said boundary line to the southeast corner of Section 36, Township 17N, Range 18E; thence west to the northeast corner of Section 2, Township 16N, Range 18E; thence south to the southeast corner of Section 35, Township 16N, Range 18E; thence west to the southwest corner of Section 31, Township 16N, Range 18E; thence north to the northwest corner of Section 6, Township 16N, Range 18E; thence east to the southwest corner of Section 32, Township 17N, Range 18E; thence north to the northwest corner of Section 8, Township 17N, Range 18E; thence east along section lines to the Ellensburg City limits, thence following city limits in a south, east, north and southerly direction until the City limits meet Canyon Road, thence following Canyon road to Tjossem Rd, thence following the extension of Tjossem Rd west to the Yakima River, thence following said river south to the point of beginning. (Ord. 2011-014, 2011; Ord. 2005-21, 2005; Res. 83-60 (part), 1983).

1.08.047 Dry Creek voting precinct.
Beginning at a point where the Kittitas-Chelan County line intersects the west boundary line of Section 5, Township 21N, Range 18E; thence south to the southwest corner of Section 8, Township 20N, Range 18E; thence west to the northwest corner of Section 14, Township 20N, Range 17E; thence south to the southwest corner of Section 11, Township 19N, Range 17E; thence west to the northwest corner of Section 16, Township 19N, Range 17E; thence south to the centerline of the Yakima River; thence southeasterly along the centerline of the Yakima River to the intersection with the north section line of Section 13, Township 18N, Range 17E; thence east along said section line to its intersection with Highway 10; thence southeasterly along the centerline of said Highway 10 to the intersection with McManamy Road located in Section 18, Township 18N, Range 18E; thence southeasterly along the centerline of McManamy Road to the intersection of Highway 97 located in Section 20, Township 18N, Range 18E; thence northerly along the centerline of Highway 97 to the intersection of Hungry Junction Road located in Section 20, Township 18N, Range 18E, thence easterly along the centerline of Hungry Junction Road to the intersection of Reecer Creek Road located in Section 22, Township 18N, Range 18E; thence north along the centerline of Reecer Creek Road to its intersection with Robbins Road; thence north and east on Robbins Road, said easterly direction being the southern boundary of Township 19N; thence east on said southern boundary of Township 19N to its intersection with Wilson Creek Road; thence northerly along the centerline of Wilson Creek Road and Forest Service Roads No. 2101 and 2008 to the intersection with Forest Service Road No. 2100 located in Section 22, Township 21N, Range 18E; thence easterly along the centerline of said Forest Service Road No. 2100 to the intersection with Upper Naneum Meadows Trail No. 1372 located in Section 13, Township 21N, Range 18E, thence northwest on said Upper Naneum Meadows Trail No. 1372 to the Kittitas-Chelan County line; thence southwesterly and northwesterly along said county line to the intersection with the west boundary line of Section 5, Township 21N, Range 18E, the point of beginning. (Ord. 2005-21, 2005; Ord. 93-22 (part), 1993; Res. 84-22 (part), 1984).

1.08.050 Denmark voting precinct.
Beginning at the NW corner of the SW 1/4 of Sec. 15, T17N, R19E, thence south to the SW corner of Sec. 34, T17N, R19E, thence east to the NW corner of Section 3, T16N, R19E, thence south to the NW corner of Sec. 10, T16N, R19E, thence west following the section line to the Yakima River, thence south along the Yakima River to the south boundary line of Kittitas County, thence east to the SW corner of Sec. 36, T15N, R22E, thence north approximately twelve miles to the NW corner of Sec. 1, T16N, R22E, thence west to the SE corner of Sec. 35, T17N, R22E, thence north two miles to the NE corner of Sec. 26, T17N, R22E, thence west along the section line to the NW corner of Sec. 28, T17N, R20E, thence north to the NE corner of Sec. 20, T17N, R20E, thence west to the NW corner of the NE 1/4 of Sec. 24, T17N, R19E, thence north three-fourths mile, thence west one-half mile, thence south one-fourth mile, thence west to the point of beginning. (Ord. 2005-21, 2005; Res. 62-9, Vol. M, pp. 404, 405, 1962).

1.08.070 Easton voting precinct.
Commencing at the SW corner of Sec. 31, T19N, R15E, thence running directly west to the boundary line of Kittitas County, thence following said boundary line in a west and northerly direction to its intersection with the Burlington Northern Railroad located in Sec. 34, T21N, R12E; thence southeasterly along the centerline of said railroad to the intersection with the Chicago, Milwaukee, St. Paul and Pacific railroad and the south boundary of Lake Easton, thence southeasterly along the southerly boundary of said lake to the Yakima River; thence southeasterly along the centerline of the Yakima River to the west boundary line of Sec. 26, T20N, R14E; thence south to the SW corner of Sec. 11, T19N, R14E; thence east to the SE corner of said section 11, thence north to the NW corner of Sec. 13, T19N, R14E; thence east to the NE corner of said Section 13; thence south to the point of beginning. (Ord. 2005-21, 2005; Res. 81-31 (part), 1981: Res. 64-15, Vol. N, p. 25, 1964).

1.08.075 East Sanders voting precinct.
Beginning at the intersection of Vantage Highway, Wilson Creek and No. 6 Roads; thence east along the centerline of the Vantage Highway to the S.W. corner of Section 34, Township 18 N., Range 20 E.; thence east along the south boundary of Township 18 N. to the center of the Columbia River, thence northerly along the boundary of Kittitas and Grant Counties to the south section line of Section 13, Township 18 N., Range 22 E.; thence west along the south section lines of Sections 13, 14, 15, 16, 17 and 18 of Township 18 N., Range 22, 21, and 20 E., W.M., to the centerline of Venture Road; thence south along the centerline of Venture Road to the intersection of Lyons Road; thence west along the centerline of Lyons Road to the intersection of Wilson Creek Road; thence south along the centerline of Wilson Creek Road to the true point of beginning. (Ord. 2005-21, 2005)

1.08.080 Ellensburg voting precincts.
Precinct 1: Beginning at the intersection of Ruby Street and 4th Avenue, thence north on Ruby Street to E. University Way, east on E. University Way to Walnut Street, south on Walnut Street to 7th Avenue, west on 7th Avenue to Sampson Street, south on Sampson Street to 4th Avenue, west on 4th Avenue to the point of beginning.

Precinct 2: Beginning at the intersection of 14th Ave with B Street; thence south on B Street to University Way: thence east on University Way to "D" Street; thence north on "D" Street to 14th Avenue; thence west on 14th Avenue to the B Street, the point of beginning.

Precinct 3: Eliminated - split and merged with Ellensburg 15.

Precinct 4: Beginning at the intersection of 4th Avenue and Sampson Street, north on Sampson to 7th Avenue, east on 7th Avenue to Chestnut Street, south on Chestnut Street to 5th Avenue, west on 5th Avenue to Walnut Street, south on Walnut to 4th Avenue, thence west on 4th Avenue to the point of beginning.

Precinct 5: Beginning at intersection of 4th Avenue and Pearl Street, thence east on 4th Avenue to Ruby Street, south on Ruby Street, to south city limits, if extended, following city limits in a northwesterly direction to its intersection with Pearl Street, if extended, thence north on Pearl Street to point of beginning

Precinct 6: Beginning at the intersection of Water Street and 4th Avenue, east on 4th Avenue to Ruby Street, north on Ruby Street to University Way, west on University Way to B Street, north on B Street to 10th Avenue, west on 10th Avenue to Columbia, south on Columbia to University Way, east on University Way to Water Street, south on Water Street to point of beginning.

Precinct 7: Beginning at the intersection of Water Street and 4th Avenue, west on 4th Avenue to west city limits, thence following west city limits in a northerly direction to where Dolarway Rd would intersect the west city limits, thence east on Dolarway Rd to Wenas Street, thence south on Wenas Street to 7th Avenue, east on 7th Avenue to Kittitas Street, north on Kittitas Street to University Way, east on University Way to Water Street, south on Water Street to point of beginning.

Precinct 8: Beginning at intersection of 4th Avenue and Pearl Street, thence south on Pearl Street to south city limits, thence following city limits in a northwesterly direction to its intersection with 4th Avenue, if extended, thence east on 4th Avenue to point of beginning.

Precinct 9: Beginning at intersection of 1st Avenue and Ruby Street, thence north on Ruby Street to 4th Avenue, east on 4th Avenue to Walnut Street, south on Walnut Street to 1st Avenue, thence west on 1st Avenue to point of beginning.

Precinct 10: Beginning at intersection of 1st Avenue and Ruby Street, south on Ruby Street to Manitoba Street, east on Manitoba Street to Chestnut Street, thence north on Chestnut Street to Capital Avenue, west on Capital Avenue to Walnut Street, north on Walnut Street to 1st Avenue, west on 1st Avenue to point of beginning.

Precinct 11: Beginning at intersection of Manitoba Street and Chestnut Street, thence north on Chestnut Street to Capital Avenue, east on Capital Avenue to Poplar Street, north on Poplar Street to 1st Avenue, east on 1st Avenue to east city limits, thence following city limits south and west to Manitoba Street, west on Manitoba Street, if extended, to point of beginning.

Precinct 12: Beginning at intersection of Poplar Street and 1st Avenue, north on Poplar Street to 4th Avenue, east on 4th Avenue to east city limits, thence following city limits in a southerly direction to 1st Avenue, if extended, thence west on 1st Avenue to point of beginning.

Precinct 13: Beginning at intersection of Walnut Street and Capital Avenue, north on Walnut Street to 4th Avenue, east on 4th Avenue to Poplar Street, south on Poplar Street to Capital Avenue, west on Capital Avenue to point of beginning.

Precinct 14: Beginning at the intersection of 5th Avenue and Walnut Street, east on Walnut Street to Chestnut Street, thence north on Chestnut Street to 7th Avenue, east on 7th Avenue, if extended, to Craig Avenue, northerly on Craig Avenue, if extended, John Wayne Trail, following John Wayne Trail easterly to the east city limits, thence following city limits southerly to intersection with 4th Avenue, if extended, thence west on 4th to Walnut Street, north on Walnut to 5th Avenue, the point of beginning.

Precinct 15: Beginning at the intersection with E. University Way at Brick Road, along toe of hillside adjoining west side of Brick Road to connection with Bonnie Lane, thence east on Bonnie Lane to Thayer Ave, thence south on Thayer Ave to connection with Vista Rd, thence south on Vista Rd to Radio Rd, thence east on Radio Rd approximately 1/10 mile to city limits, thence south and west along city limits to connection with Vantage HWY, thence east along Vantage HWY following city limits to the John Wayne trail, thence west along said trail to the extension of Craig Ave, thence south to the extension of 7th Ave to Walnut St, thence north on Walnut St, as extended, to the point where the John Wayne Trail meets, thence following the John Wayne Trail in a southeasterly manner to where the john Wayne trail meets Wilson Creek, thence following said creek northeasterly to Alder St, thence north on Alder to University Way, east on University Way to Brick Road, the point of beginning.

Precinct 16: Beginning at the intersection of Alder Street and E. University Way; thence north on Alder Street to 18th Avenue; thence east on 18th Avenue approximately three city blocks; thence north to the city limits; thence following said city limits in an easterly then southerly direction to Pfenning Rd, thence south, still following said city limits in a southerly, easterly, northerly and westerly direction, to the point where Pfenning Rd meets Radio Rd, thence west along Radio Rd to Vista Rd, thence north on Vista Rd to Thayer Rd, thence north along Thayer Rd to Bonnie Lane, thence west on Bonnie Lane to Brick Road, thence south along Brick Rd to E. University Way, west along E. University Way to Alder St, the point of beginning.

Precinct 17: Beginning at the intersection of Walnut Street and 18th Avenue; thence east on 18th Avenue to Alder Street; thence east approximately three city blocks; thence north to the city limits; thence following said city limits in a westerly direction to its intersection with Airport Rd; thence south on Airport Rd to where it becomes Walnut Street, thence south on Walnut St to 18th Avenue, the point of beginning.

Precinct 18: Beginning at the intersection of E. University Way and D Street, thence north on D Street to 18th Avenue, east on 18th Avenue to Alder Street, south on Alder Street to E. University Way, west on E. University Way to 9th Ave, west on 9th Ave to Chestnut, south on Chestnut to E. University Way, thence following E. University Way west to the point of beginning. Precinct 18 - Beginning at the intersection of E. University Way and D Street, thence north on D Street to 18th Avenue, east on 18th Avenue to Alder Street, south on Alder Street Wilson Creek, thence following said creek southwesterly to the John Wayne Trail, thence following said trail to extension of Walnut St, thence south on Walnut St. extension to University Way, thence west on University way to D Street, the point of beginning.

Precinct 19: Beginning at the intersection of Water Street and 14th Avenue, thence north on Water Street to where the John Wayne Trail begins, thence northwesterly on the John Wayne Trail to the west city limits, thence following the city limits northerly and easterly to where the city limits intersects with Helena Ave, thence east along Helena Ave to Walnut Street, south on Walnut St to 18th Ave, west on 18th Ave to D Street, thence south on D Street to 14th Ave, west on 14th to Water Street, being the point of beginning.

Precinct 20: Beginning at the intersection of Columbia Street and 10th Ave, thence north on Columbia Street to 15th Ave, east on 15th Ave to Water Street, south on Water Street to 14th, east on 14th Ave to B Street, thence south on B Street to 10th Ave, thence west on 10th Ave to Columbia Street, the point of beginning.

Precinct 21: Beginning at the intersection of Kittitas Street and 7th Avenue, thence west on 7th Avenue to Wenas Street, thence north on Wenas Street to W. University Way, north to Delphine Street, thence north on Delphine Street to 15th Avenue, thence east on 15th Avenue to Columbia Street, thence south on Columbia Street to W. University Way, east on W. University Way to Kittitas Street, south to Kittitas Street, thence south on Kittitas Street to 7th Avenue, the point of beginning.

Precinct 22: Beginning at the cross section of W. University Way, Wenas Street and the extension of Dolarway Rd, thence west on Dolarway Rd, as extended, to the west city limits, thence following the city limits northerly and easterly to its intersection the John Wayne Trail, thence southeasterly along the John Wayne Trail to Water Street, thence south on Water Street to 15th Avenue, thence west on 15th Avenue to Delphine Street, thence south on Delphine Street to cross section of Delphine St, W. University Way, Wenas St and Dolarway Rd, if extended, the point of beginning.

Precinct 23: Beginning at the intersection of Manitoba Street and Ruby Street, thence east on Manitoba Street to Chestnut Street, south on Chestnut Street to south city limits, following city limits in a southerly and northwesterly direction to intersection with Ruby Street, if extended, north on Ruby Street to point of beginning.

Precinct 24: Beginning at intersection of Manitoba Street and Chestnut Street, south on Chestnut Street to south city limits, thence easterly and northerly following city limits to intersection of Willow Street and Manitoba Street, if extended, thence west on Manitoba Street to point of beginning.

Precinct 25: Beginning at the point where the Ellensburg City limits and W. Helena Ave connect, then following city limits in a west, north and southerly direction to where said city limits intersect with Airport Road, thence south on Airport Road to E. Helena Ave, thence west on Helena Ave to the point of beginning. (Ord. 2012-001, 2012; Ord. 2011-014, 2011; Ord. 2005-21, 2005; Ord. 2002-04, 2002; Res. 83-61 (part), 1983; Res. 72-33, 1972: Res. 62- 16, Vol. M, p. 426, 1962; Vol. M, p. 214, 1960).

1.08.085 Fairview voting precinct.
Beginning at the intersection of Lyons Road and Wilson Creek Road; thence east along the centerline of Lyons Road to the intersection of the No. 81 Road; thence north along the centerline of No. 81 Road to the intersection of Brick Mill Road; thence west along the centerline of Brick Mill Road to the intersection of Schnebly Road; thence north along the centerline of Schnebly Road to the intersection of Rader Road; thence west along the centerline of Rader Road to the intersection of Naneum Road, thence north along the centerline of Naneum Road to the intersection of Bar 14 Road; thence west along the centerline of Bar 14 Road to the intersection of Wilson Creek Road; thence south along the centerline of Wilson Creek Road to the true point of beginning. (Ord. 2005-21, 2005)

1.08.090 Hyak voting precinct.
Beginning at a point where the Kittitas-King County line intersects the east boundary line of Range 11E; thence south to the northwest corner of Township 21N, Range 12E; thence east to the northeast corner of Township 21N, Range 12E; thence south to the southeast corner of Township 21N, Range 12E; thence west to the intersection with the Burlington Northern Railroad; thence following the centerline of said railroad in a northeasterly then southwesterly direction to its intersection with the Kittitas-King County line; thence along said county line in a northwesterly then northeasterly direction to its intersection with the east boundary line of Range 11E, the point of beginning. (Ord. 2005-21, 2005; Res. 83-59 (part), 1983: Res. 81-33 (part), 1981: Res. 81-31 (part), 1981: Res. 77-44 (part), 1977).

1.08.095 Kachess voting precinct.
Beginning at a point where the Yakima River intersects the east boundary line of Section 18, Township 20N, Range 14E; thence north to the northeast corner of Section 6, Township 20N, Range 14E; thence west to the southeast corner of Section 36, Township 21N, Range 13E, being the east boundary line of Range 13E; thence north along said boundary line to the Kittitas-King County line; thence in a southwesterly direction on said county line to where it intersects the west boundary line of Range 12E; thence south along said boundary line to the southwest corner of Township 22N, Range 12E; thence east to the southeast corner of Township 22N, Range 12E; thence south to the southwest corner of Township 21, Range 13E; thence west to the intersection of the John Wayne Trail and the north boundary line of Section 1, Township 20N, Range 12E; thence following the centerline of said trail in a southeasterly direction to its intersection with the John Wayne Trail and the south boundary of Lake Easton; thence southeasterly along the southern boundary of said lake to its intersection with the Yakima River; thence following the centerline of said river to its intersection with the east boundary line of Section 18, Township 20N, Range 14E, the point of beginning. (Ord. 2005-21, 2005)

1.08.100 Kittitas voting precincts.
Kittitas 1: Beginning at a point where Pierce Street (if extended) intersects the South boundary line of the city limits of Kittitas; thence westerly, northerly and easterly along said city limits (including that portion of the city limits to the West and South of said city along Cooke Creek which is not physically connected to the city of Kittitas) (including the School District property annexed into city limits, AFN 200410270027) to the intersection of the north boundary line of said city with Pierce Street; thence south along Pierce Street and extension of Pierce Street to its intersection with the south boundary line of the city limits of Kittitas, the point of beginning.

Kittitas 2: Beginning at a point where Pierce Street (if extended) intersects the south boundary line of the city limits of Kittitas; thence north along said extension of Pierce Street and along Pierce Street to its intersection with the north boundary line of the city limits of Kittitas; thence along said city limits easterly, southerly and westerly (including that portion of the city limits to the south of said city to the south of the freeway interchange which is not physically connected to the city of Kittitas) to its intersection with Pierce Street (if extended), the point of beginning. (Ord. 2005-21, 2005)

1.08.110 Manastash voting precinct.
Beginning at the northeast corner of Section 7, Township 17N, Range 18E; thence south to the southeast corner of Section 31, Township 17N, Range 18E, being the 4th Standard Parallel; thence West along said 4th Standard Parallel to the Kittitas-Yakima county line; thence continuing west along said county line and 4th Standard Parallel to the southwest corner of Section 31, Township 17N, Range 15E, thence north and west following the Kittitas-Yakima county line to the point where county line intersects with Section 5, Township 18N, Range 14, thence east along section line for approximately 4 1/2 miles to the northeast corner of Section 1, Township 17N, Range 14E, thence south to the Northwest corner of Section 7,Township 17N, Range 15E, thence east for 7 miles to the Northeast corner of Section 7, township 17N, Range 18, the point of beginning. (Ord. 2011-014, 2011; Ord. 2005-21, 2005; Res. 83-60 (part), 1983: Vol. M, p. 214, 1960).

1.08.120 Mountain voting precinct.
Beginning at a point where the Kittitas-Chelan County line intersects the east boundary line of Section 8, Township 23N, Range 15E; thence south to the southeast corner of Section 32, Township 21N, Range 15E; thence west to the northwest corner of Section 1, Township 20N, Range 14E, thence south to the southeast corner of Section 2, Township 20N, Range 14E, thence west along said section to the intersection of SR 903 and Lake Cle Elum Dam Road, thence southwest along Lake Cle Elum Dam Road to Lake Cle Elum, thence following the boundary of said lake southerly then northerly to Section 3, T20, R14, thence west to southwest corner of Section 5, T20, Range 14, thence north to the northwest corner of Section 5, thence west along the south section line 31, T21, R14, thence north along said boundary line to the Kittitas-King County line; thence easterly along said county line to the Kittitas-Chelan County line; thence in a southeasterly direction along said county line to its intersection with the east boundary line of Section 8, Township 23N, Range 15E, the point of beginning. (Ord. 2005-21, 2005)

1.08.121 Ronald voting precinct.
Beginning at the Northeast corner of Section 5, Township 20N, Range 15E, thence south to the southeast corner of Section 8, Township 20N, Range 15E, being the Roslyn city limits, thence west and south along said city limits to the Southeast corner of Section 18, Township 20N, Range 15E, thence west along section line to where it meets with the Cle Elum River, thence following said river in a westerly and northerly direction to the beginning of the river (South end of Lake Cle Elum), thence north to the Lake Cle Elum Dam Rd, thence following Lake Cle Elum Dam Rd to the point where it meets with SR 903 and the southern part of Section 2, Township 20N, Range 15E, thence east on section line to the southeast corner of Section 2, Township 20N, Range 15E, thence North along said section to the Northwest corner of Section 1, Township 20N, Range 15E, thence east along said section to the Northeast corner of Section 5, Township 20N, Range 15E- being the point of beginning. (Ord. 2005-21, 2005)

1.08.125 North-East Fairview voting precinct.
Beginning at the intersection of Wilson Creek Road and the Bar 14 Road located at the SW corner of Section 5, T18N, R19E, thence north along the centerline of Wilson Creek Road (and Forest Service Rd. No 2100 & 2008) to the intersection with the unnamed road (Forest Service Rd. No. 2100), located in Section 22, T21N, R18E, thence easterly along the centerline of said unnamed road (Forest Service Rd. No. 2100) to the intersection with the small unnamed trail (Upper Naneum Meadows Trail No. 1372) located in Section 13, T21N, R18E; thence northwest on said unnamed trail (Upper Naneum Meadows Trail No. 1372) to the Chelan-Kittitas County line; thence south and easterly along said county line to the intersection with the Columbia River; thence southerly along the centerline of the Columbia River to the section line of Sec. 13, T 18N, Range 22E., W.M., thence west along the south section lines of Sec. 13, 14, 15, 16, 17, and 18 of T 18N., Range 22, 21, and 20E., W.M. to the centerline of Venture Road; thence south along the centerline of Venture Road to the intersection of Lyons Road; thence west along the centerline of Lyons Road to the intersection of No. 81 Road; thence north along the centerline of No. 81 Road to the intersection of Brick Mill Road; thence west along the centerline of Brick Mill Road to the intersection of Schnebly Road; thence north along the centerline of Schnebly Road to the intersection of Rader Road; thence west along the centerline of Rader Road to the intersection of Naneum Road; thence north along the centerline of the Naneum Road to the intersection of Bar 14 Road; thence west along the centerline of Bar 14 Road to the true point of beginning. (Ord. 2005-21, 2005)

1.08.130 North Ellensburg voting precinct.
Beginning at the intersection of the Yakima River and the north section line of Section 13, Township 18N, Range 17E, thence east along said section line to its intersection with Highway 10; thence southeasterly along the centerline of said Highway 10 to the intersection with McManamy Road located in Section 18, Township 18N, Range 18E; thence southeasterly along the centerline of McManamy Road to the intersection of Highway 97 located in Section 20, Township 18N, Range 18E; thence northerly along the centerline of Highway 97 to the intersection of Hungry Junction Road located in Section 20, Township 18N, Range 18E; thence easterly along the centerline of Hungry Junction Road to the intersection of Reecer Creek Road located in Section 22, Township 18N, Range 18E, thence north along Reecer Creek Road to the intersection with Robbins Road, thence continuing north on Robbins Road to the south boundary of Section 34, Township 19N, Range 18E, thence east along section lines for approximately 2 1/2 miles to the northeast corner of Section 1, Township 18, Range 18; thence south on boundary line to the southeast corner of Section 1, Township 18N, Range 18E; thence east approximately 1/2 mile to unnamed road, thence south 1/2 mile to Alford Rd, thence west 1/2 mile to east boundary of section line 12, thence south to the Southeast corner of Section 12, Township 18N, Range 18E, thence west along section line (Tipton Rd) to the Northwest corner of Section 13, Township 18N, Range 18E, thence south to the southwest corner of section 13, Township 18N, Range 18E, thence west, approximately 1/2 mile, to the extension of Water Street, thence south along said extension to the Ellensburg City limits, thence following said city limits in a southwesterly and northwesterly direction to the north boundary line of Section 3, Township 17N, Range 18E, thence west to the north 1/4 corner of said Section 3; thence south to the intersection with the Yakima River; thence northwesterly along the centerline of said Yakima River to the point of beginning. Also includes those areas within unincorporated Ellensburg, west of Walnut St/Airport Rd, north and south to city limits. (Ord. 2012-001, 2012; Ord. 2011-014, 2011; Ord. 2005-21, 2005; Ord. 93-22 (part), 1993; Res. 81-33 (part), 1981: Res. 81-31 (part), 1981: Res. 64-13, Vol. N, p. 20, 1964).

1.08.140 North central voting precinct.
Beginning at a point where the Cascade Canal intersects Wilson Creek Road located on the east boundary line of Section 31, Township 18N, Range 19E; thence north along the centerline of Wilson Creek Road to its intersection with the northern boundary line of Township 18N; thence west along said boundary line to the Northwest corner of Section 6, Township 18N, Range 19E, thence south to the southwest corner of section 6, township 18N, Range 19E, thence east approximately 1/2 mile to unnamed road, thence south along unnamed road to Alford Road, thence west along Alford Road to the section line, thence south along Section 7, Township 18N, Range 19E to the southwest corner of said section, thence west along Section line (Tipton Road) to the Northwest corner of Section 13, Township 18N, Range 18E, thence south along said section line to the southwest corner of Section 13, Township 18N, Range 18E, thence west along section line approximately 1/2 mile to the extension of Water Street, thence south along said extension to the Ellensburg City Limits, thence following said city limits in a southeasterly direction to Game Farm Road, thence east along Game Farm Road to where Game Farm Road and Cascade Canal intersect, thence following Cascade Canal to where it intersects with Wilson Creek Road, the point of beginning. Also includes those areas within unincorporated Ellensburg, east of Airport Rd/Walnut St and north of 18th Ave. (Ord. 2012-001, 2012; Ord. 2011-014, 2011; Ord. 2005-21, 2005; Res. 84-22 (part), 1984: Res. 81- 31 (part), 1981: Res. 64-14, Vol. N, p. 21, 1964; Res. 64-13, Vol. N, p. 20, 1964).

1.08.150 Park voting precinct.
Beginning at the N.W. corner of Sec. 3, T 17 N., Range 19E., W.M.; thence south along the west section line of sections 3,10 and 15 to the centerline of Tjossem Road; thence east along the centerline of Tjossem Road to the intersection of Cleman Road; thence north along the centerline of Cleman Road to the intersection of Badger Pocket Road; thence east and south along the centerline of Badger Pocket Road to the intersection of Carroll Road; thence east along the centerline of Carroll Road to the NW corner of Section 21, Township 17, Range 20E, W.M.; thence south along the west section line of said section to the SW corner of Section 21; thence east along the north line of Sections 28,27,26 and 25 of Township 17N, Range 20E, W.M., Sections 30,29,28,27,26 and 25, Township 17N, Range 21 E, W.M., Sections 30,29,28,27 and 26 to the N.E. corner of said Section 26, T 17N, Range 22 E, W.M.; thence north along the west section line of Sections 24,13,12 and 1 to the N.W. corner of said Section 1; thence west along the north line of Township 17 to the N.W. corner of Section 3, T 17N, Range 19E, W.M., which point is the true point of beginning. (Ord. 2005-21, 2005)

1.08.160 Peoh Point voting precinct.
Beginning at the intersection of the Yakima River with the north section line of Section 14, Township 19N, Range 16E, thence west approximately 7 miles on the section line to the southwest corner of Section 10, Township 19N, Range 15E, thence north along section line to the Northwest corner of Section 3, Township 19, Range 15E, then east 1/2 mile, then north to the south boundary line of Town of South Cle Elum limits; thence east and north along said town limits, becoming Cle Elum city limits; following said city limits to the point where it meets the Yakima River, thence following river in a southerly and easterly direction, to the point of beginning. (Ord. 2005-21, 2005)

1.08.170 Ridgeway voting precinct.
Beginning at a point in the south section line of Sec. 3, T17N, R18E, where the Yakima River intersects said section line, thence due west on the south section lines to intersection with west boundary line of T17N, R15E; thence north one mile, west to intersection with the Naches River; thence in a northwesterly direction along the Naches River to a point approximately the NW corner of Sec. 23, T18N, R13E; thence due east to the Yakima River; thence following the Yakima River to the point of beginning. (Ord. 2005-21, 2005; Vol. M, p. 215, 1960).

1.08.180 Roslyn voting precincts.
Precinct 1: All that territory lying south of Washington Avenue, as extended to the west and east city limits.

Precinct 2: All that territory lying north of Washington Avenue, as extended to the west and east city limits. (Ord. 2005-21, 2005)

1.08.190 Roslyn outlying voting precinct.
Beginning at the NW corner of Section 9, Township 20N, Range 15E, thence east 4 miles to the NE corner of Section 12, Township 20N, Range 15E, thence south 2 1/2 miles to the SE corner of the NE 1/4 of Section 24, west on said quarter section line 2 miles to the east boundary of section 22, Township 20N, Range 15E, south to Cle Elum city limits; following city limits in a westerly direction to the intersection with Bullfrog Rd, south on Bullfrog Rd to the connection with south boundary line of Section 21, Township 20, Range 15, thence west to the Southwest corner of Section 20, Township 20, Range 15, thence north to the south boundary line of Roslyn city limits, thence following said city limits east, south, then north to the Southwest corner of Section 9, Township 20, Range 15, thence north to the Northwest corner of said section, being the point of beginning. (Ord. 2005-21, 2005)

1.08.200 Sanders voting precinct.
Beginning at the intersection of the east city limits of the city of Ellensburg and the Vantage Highway; thence east along the centerline of Vantage Highway to the centerline of Wilson Creek Road; thence north along the centerline of Wilson Creek Road to the intersection with the Cascade Canal; thence northwesterly along the centerline of said canal to the intersection with the Game Farm Road; thence west along the centerline of the Game Farm Road to the intersection with the east city limits of the city of Ellensburg; thence southerly along the east city limits to the true point of beginning, which point is the termination of this description. Also includes those areas within unincorporated Ellensburg east of Walnut St and south of 18th Ave. (Ord. 2012-001, 2012; Ord. 2005-21, 2005; Res. 81- 33 (part), 1981: Res. 81-31 (part), 1981: Res.77- 44 (part), 1977: Vol. M, p. 216, 1960).

1.08.210 South Cle Elum voting precinct.
All that territory lying within the corporate limits of the town of South Cle Elum. (Ord. 2005-21, 2005; Vol. M, p. 216, 1960).

1.08.220 South Ellensburg voting precinct.
Beginning at the northeast corner of Section 6, Township 17N, Range 19E (also being the Vantage Highway); thence west to the east limits of the city of Ellensburg; thence in a southerly direction along said city limits to its intersection Canyon Road, thence following Canyon Road south to Tjossem Road, thence east along Tjossem Road to intersection of Tjossem Road and No. 6 Road; thence north along No. 6 Road to the Vantage Highway, the northeast corner of Section 6, Township 17N, Range 19E, the point of beginning. (Ord. 2011-014, 2011; Ord. 2005-21, 2005; Res. 84-23 (part), 1984: Res. 83-61 (part), 1983: Res 64-13, Vol. N, p. 20, 1964).

1.08.240 Swauk voting precinct.
Beginning at the SE corner of Sec. 10, T19N, R17E, thence running west two miles to the NW corner of Sec. 16, T19N, R17E, thence due south to the Yakima River, thence in a westerly direction along the Yakima River to intersection with west boundary line of Sec. 19, T19N, R17E, thence due north to SW corner of Sec. 19, T20N, R17E; thence due west six miles to the SW corner of Sec. 19, T20N, R16E; thence north three miles to the NW corner of Sec. 7, T20N, R16E; thence west four miles to the SW corner of Sec. 4, T20N, R15E, thence north one mile to the NW corner of Sec. 4, T20N, R15E, thence east on the section line one-half mile to the SW corner of Sec. 33, T21N, R15E, thence north approximately sixteen miles to the Chelan-Kittitas County Line; thence following county line in a southeasterly direction to intersection with east boundary of Sec. 6, T21N, R18E, thence south to the SW corner of Sec. 32, T21N, R18E, thence west to the NW corner of Sec. 5, T20N, R18E, thence south to the SW corner of Sec. 8, T20N, R18E, thence west to the NW corner of Sec. 14, T20N, R17E, thence south to the point of beginning. (Ord. 2005-21, 2005; Res. 64-6, Vol. M, p. 636, 1964).

1.08.250 Teanaway voting precinct.
Beginning at the NE corner of Sec. 25, T20N, R16E, thence running west six miles to NE corner of Sec. 25, T20N, R15E, thence north one-half mile to the east quarter corner of Sec. 24, T20N, R15E; thence west on quarter section line two miles, thence south to the city limits of the city of Cle Elum, thence following the city limits line easterly, southerly and westerly to its intersection with the Yakima River, thence following the Yakima River in a general southeasterly direction to its intersection with the west line of Sec. 19, T19N, R17E, thence due north on the section lines to the point of beginning. (Ord. 2005-21, 2005; Res. 64-6, Vol. M, p. 636, 1964).

1.08.260 Thorp voting precinct.
Commencing at the NW corner of Sec. 18, T19N, R15E; thence running east on the north section line of its intersection with the Yakima River; thence following the Yakima River in a southeasterly direction to where said river intersects the south section line of Sec. 18, T18N, R18E; thence due west on said section line to the Naches River; thence in a northwesterly direction following said river to its intersection with the south boundary of T19; thence due east on said township line to the SW corner of Sec. 31, T19N, R15E; thence north four miles to the place of beginning. (Ord. 2005-21, 2005; Res. 81-31 (part), 1981: Vol. M, p. 216, 1960).

1.08.265 Thrall voting precinct.
Beginning at the intersection of the Vantage Highway and No. 6 Road; thence east along the centerline of the Vantage Highway to the northeast corner of Section 4, Township 17N, Range 19E; thence south to the southeast corner of Section 33, Township 17N, Range 19E; thence east to the northeast corner of Section 4, Township 16N, Range 19E; thence south to the southeast corner of Section 4, Township 16N, Range 19E; thence west to the Yakima River; thence in a southerly direction along the centerline of said river to its intersection with the south boundary line of Township 15N, Range 19E, being the Kittitas- Yakima County line; thence west to the southwest corner of Township 15N, Range 19E; thence north to the northwest corner of Township 15N, Range 19E; thence west to the southwest corner of Section 36, Township 16N, Range 18E; thence north to the northwest corner of Section 1, Township 16N, Range 18E; thence east to the southwest corner of Section 31, Township 17N, Range 19E; thence north to the Yakima River; thence in a northwesterly direction along the centerline of said river to its intersection with the extended centerline of Tjossem Road; thence east along the extended centerline of Tjossem Road and along Tjossem Road to its intersection with No. 6 Road; thence north along the centerline of No. 6 Road to its intersection with the Vantage Highway, the point of beginning. (Ord. 2005-21, 2005; Res. 84-23 (part), 1984: Res. 83-60 (part), 1983: Res. 77-44 (part), 1977).

1.08.270 Vantage voting precinct.
Beginning at a point on the Yakima-Kittitas County Line at the SE corner of Sec. 35, T15N, R22E, thence north twelve miles to the Fourth Standard Parallel, thence west approximately one-fourth mile to the SW corner of Sec. 36, T17N, R22E, thence north six miles to the NW corner of Sec. 1, T17N, R22E, thence east to the Columbia River; thence following the Columbia River in a southerly direction to the Yakima- Kittitas County Line, thence west on said boundary line approximately two miles to the point of beginning. (Ord. 2005-21, 2005; Res. 62-9, Vol. M, p. 405, 1962).

1.08.275 Westside voting precinct.
Beginning at the Northwest corner of Section 8, Township 20, Range 14, thence east along section lines to the point where the southern boundary of Lake Cle Elum meets the section line, thence following the southern border of Lake Cle Elum easterly to the beginning of the Cle Elum River, thence following said river in a south-easterly direction to the Northwest corner of Section 19, Township 20, Range 15E, thence east along section line to the Northeast corner of Section 19, thence south along said section line, thence east along the south of Section 20, Township 20, Range 15E to the point where Bullfrog Road meets, thence following Bullfrog Road in a southwesterly direction to the I-90 intersection, thence following I-90 east to the Cle Elum city limits, thence following said city limits southeasterly, thence following town limits of South Cle Elum, thence following town limits south, then east to the point where Dunnagan Ave intersects with town limits, thence following Dunnagan Ave, if extended, to the south boundary line of Section 34, Township 20N, Range 15E, thence west on section line to the Northwest corner of Section 3, Township 19N, Range 15E, thence south to the Southwest corner of Section 10, Township 19N, Range 15E, thence west 4 miles to the southwest corner of Section 12, Township 19N, Range 14E, thence south to the southeast corner of Section 11, Township 19N, Range 14E, thence west to the southwest corner, thence north approximately 4 miles to the point where the Yakima River meets at the Northwest corner of Section 26, Township 20N, Range 14E, thence following said river northwesterly to the point where it meets with west section line of Section 17, Township 20N, Range 14E, thence north to the Northwest corner of Section 8, Township 20N, Range 14E, being the point of beginning. (Ord. 2005-21, 2005)

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Chapter 1.10
RULES OF PROCEDURE FOR PROCEEDINGS BEFORE THE KITTITAS COUNTY HEARING EXAMINER

Sections:
1.10.010 Application of These Rules.
1.10.011 Definitions.
1.10.012 Nature of Proceedings.
1.10.013 Rights and Responsibilities of the Parties.
1.10.014 Presiding Official.
1.10.015 Presence of Legal Counsel.
1.10.016 Prehearing Conferences.
1.10.017 Oath or Affirmation.
1.10.018 Content of the Record.
1.10.019 Development of the Record at the Public Hearing.
1.10.020 Continuances of Hearings.
1.10.021 Evidence.
1.10.022 Withdrawal of Application or Petition.
1.10.023 Decisions.
1.10.024 Procedure for Reconsideration and Reopening Hearing.

1.10.010 Application of These Rules.
These rules apply to all official activities and acts that the hearing examiner has authority to conduct as prescribed by law. (Ord. 2008-19, 2008)

1.10.011 Definitions.
Appellant means a person, organization, association or similar group who files a complete and timely appeal of a decision that provides for an appeal.

Applicant means a person who is the owner of the subject property or the authorized agent of the owner of the subject property and who has filed a complete application for a land use or development permit.

Comprehensive Plan means any map, plan, or policy statement pertaining to the development of land use, streets and roads, or public utilities and facilities, for all or any portion of unincorporated Kittitas County which has been officially adopted by the Board of Kittitas County Commissioners.

County means Kittitas County, Washington.

County Commissioners means the Board of Kittitas County Commissioners.

Department means the Kittitas County Community Development Services.

Ex Parte Communication means written or oral communication with the hearing examiner about a pending matter that is not included in the public record and made outside of a public hearing.

Hearing means the proceeding at which testimony and exhibits are presented to the hearing examiner.

Hearing Examiner means the Kittitas County hearing examiner or hearing examiner pro tempore.

Interested Person means any individual, partnership, corporation, association, or public or private organization that may be affected by the proceedings before the hearing examiner and shall include any party in a contested case.

Motion means a written request made to the hearing examiner for an order or other ruling.

Open Record Hearing means a hearing that creates the record through testimony and the submission of evidence. An open record hearing may be held on an appeal if no open record hearing has previously been held on the application or interpretation being appealed.

Party of Record means:

  • A person who testifies at a hearing
  • The applicant
  • Anyone who submits written testimony specific to a matter pending before the hearing examiner
  • Kittitas County

 (Ord. 2008-19, 2008)

1.10.012 Nature of Proceedings.
Expeditious Proceedings
It is the policy of Kittitas County that, to the extent practicable and consistent with the requirements of law, public hearings shall be conducted expeditiously. In the conduct of such proceedings, the hearing examiner, county staff and all parties and their agents shall make every effort at each stage of a proceeding to avoid delay.

Hearing Schedule
Regular hearings are scheduled for the second and fourth Thursday of each month at 6 pm, unless a lack of business justifies canceling a regular meeting. The hearing examiner may, from time to time, schedule special meetings outside of the regular meeting schedule in order to accommodate special circumstances, hardships, or to more efficiently process large volumes of applications. The hearing examiner shall have sole discretion to set the special meeting calendar.

Hearing Format
The format for public hearings will be of an informal nature designed in such a way that facts relevant to a particular proceeding will be available to the hearing examiner and easily ascertainable to a reviewing body on appeal. The format will allow and facilitate development of a record.

Site Visits
When necessary, the hearing examiner may inspect a project site prior or subsequent to the hearing. The site visit is not part of the record. Failure to conduct a site visit will not render the hearing examiner decision void. The hearing examiner shall have sole discretion to determine if a site visit is warranted or necessary.

Record of Hearing

  1. Hearings shall be electronically recorded and such recordings shall be a part of the official case record. Copies of the electronic recordings or transcripts thereof, shall be made available to the public upon request. The party making the request shall pay the reasonable cost of such copying or transcribing. No written minutes of the hearing will be produced.
  2. Copies of any written materials and other exhibits in the record may be obtained by any interested person who shall be responsible for paying the cost of reproducing such material.

 (Ord. 2008-19, 2008)

1.10.013 Rights and Responsibilities of the Parties.

  1. Rights of the County
    The county staff shall have the right to prepare and present evidence and testimony, object, cross examination, make motions, offer arguments and recommendations and all other rights essential to a fair hearing.
  2. Rights of the Applicant
    Every applicant or appellant shall have the right of notice, cross-examination, presentation of evidence, objection, motion, argument, and all other rights essential to a fair hearing. The applicant shall also have the right to timely access to the county staff report.

The hearing examiner may impose limitations on the number of witnesses and the length and nature of their testimony. Cross-examination is permitted by the county and applicant as necessary for a full disclosure of the facts, but the hearing examiner shall control the amount and style of cross-examination.

  1. Rights of Parties of Record
    Every party of record shall have the right to present evidence and testimony at hearings. The right of parties of record to cross-examine, object, submit motions and arguments shall be at the discretion of the hearing examiner. The hearing examiner may impose limitations on the number of witnesses heard and the nature and length of their testimony.
  2. Responsibilities of County Staff
    The county staff shall provide a staff report to the hearing examiner, applicant, and have them available for public inspection at least ten (10) days prior to the hearing, provide public notice of hearings; present materials at hearings, provide the hearing examiner with the documents relevant to each case, and provide revised plans if received within fifteen (15) days of the hearing.
  3. Responsibilities of Applicant
    Whenever possible, prior to the hearing the applicant shall provide the hearing examiner with material that supports the application and be prepared to answer questions by the hearing examiner.
  4. Responsibilities of Parties of Record and all Others
    Parties, witnesses and observers shall conduct themselves with civility and deal courteously with all involved in the proceedings. Failure to do so will result in removal from the hearing.

 (Ord. 2008-19, 2008)

1.10.014 Presiding Official.

  1. Hearings will be presided over by the hearing examiner.
  2. The hearing examiner shall not be subject to removal or disqualification from presiding over and rendering a decision in any matter before him/her by means of an "Affidavit of Prejudice" or similar legal mechanism. Disqualification of the hearing examiner shall be controlled by the Appearance of Fairness Doctrine and RCW 42.36 et seq.
  3. The hearing examiner shall have all of the authority and duties as granted in state statutes, the Kittitas County Code and other county rules and resolutions. Included in these duties are the following: to conduct fair and impartial hearings; to take all necessary action to avoid delay in the disposition of cases; and, to maintain order. The hearing examiner shall have all powers necessary to that end, including but not limited to the following:
    1. To administer oaths and affirmations;
    2. To issue subpoenas;
    3. To rule upon offers of proof and receive evidence;
    4. To regulate the course of hearings and the conduct of the parties and their agents;
    5. To question any party presenting testimony at the hearing;
    6. To hold conferences for settlement, simplification of the issues, or any other proper purpose;
    7. To require briefs on legal issues;
    8. To consider and rule upon all procedural and other motions appropriate to the proceedings; and,
    9. To make and file decisions.
  4.  In the performance of adjudicative functions, the hearing examiner shall not be subject to the supervision or direction of any elected official, officer, employee or agent of Kittitas County.

(Ord. 2008-19, 2008)

1.10.015 Presence of Legal Counsel.

  1. Although representation by legal council is not required, all parties participating in the hearings may be represented by legal council of their choice.
  2. The hearing examiner shall have the authority to seek legal memorandum of legal issues raised at hearing from the County Prosecutor's Office.
  3. All forms of legal authority including briefs and other legal memoranda upon which a party of record will be relying or presenting at the hearing must be submitted to the hearing examiner at least one (1) week in advance of the scheduled hearing date. The above mentioned documents shall be available to the public in advance of the scheduled hearing date.

(Ord. 2008-19, 2008)

1.10.016 Prehearing Conferences.

  1. The hearing examiner may hold a conference prior to the hearing to structure the scope of the hearing. The hearing examiner may use the conference for:
    1. Identification, clarification and simplification of the issues;
    2.  Disclosure of witnesses to be called and exhibits to be presented;
    3. Arguments of motions based on law;
    4. Other matters deemed by the hearing examiner to be appropriate for the orderly and expeditious disposition of the proceedings.
  2. Prehearing conferences may be held by telephone conference call.
  3. The hearing examiner shall give reasonable notice to the parties of any prehearing conference. Notice may be written or oral.
  4. All parties shall be represented at any prehearing conference unless they waive the right to be present or represented.
  5. Following the prehearing conference, the hearing examiner may issue an order reciting the actions taken or ruling on motions made at the conference.
  6. At the hearing, the hearing examiner shall develop for the record the time, purpose and result of the hearing conference.

(Ord. 2008-19, 2008)

1.10.017 Oath or Affirmation.
All testimony before the hearing examiner shall be given under oath or affirmation to tell the truth. The hearing examiner shall administer the oath or affirmation. (Ord. 2008-19, 2008)

1.10.018 Content of the Record.
The record of hearing conducted by the hearing examiner shall include, but not be limited to, the following materials:

  1. The application or petition;
  2. The department staff reports;
  3. All evidence received which shall include oral testimony given at the hearing, all exhibits and other materials admitted as evidence;
  4. A statement of all matters officially noticed;
  5. A decision containing the findings of fact and conclusions of law upon which the decision was based;
  6. Tape recordings made on electronic equipment; and
  7. An environmental determination made pursuant to the State Environmental Policy Act of 1971 (SEPA), as amended (if applicable).

(Ord. 2008-19, 2008)

1.10.019 Development of the Record at the Public Hearing.
A public hearing will usually include, but not be limited to the following elements: a brief introductory statement by the hearing examiner on the hearing procedures that will be followed; a report by the planning staff that shall include an introduction of the official file, reference to any visual aids, and a summary of the recommendations of the department; testimony by the applicant or petitioner and cross-examination of these witnesses; testimony in support; testimony of opposing parties; opportunity for cross-examination and rebuttal; and opportunity for questions by the hearing examiner. (Ord. 2008-19, 2008)

1.10.020 Continuances of Hearings.

  1. Hearing Examiner
    If the hearing examiner determines that more information is necessary in order to make a decision, or the hearing examiner is unable to hear all the public comments or study exhibits, the hearing may be continued to a date and time certain. If continued to a specific time and place, no further notice of that continued hearing need be given.
  2. At the Request of a Party
    Any party of record may request continuance of a hearing. The request, if made prior to the hearing, must be in writing and state reasonable grounds for a continuance. If the request is made orally at the hearing, it must be based on reasonable grounds. The hearing examiner shall have sole discretion to grant or deny the request for continuance.

(Ord. 2008-19, 2008)

1.10.021 Evidence.

  1. Burden of Proof
    The applicant or appellant shall have the burden of proof to show compliance with applicable laws and regulations of Washington State and Kittitas County.
  2.  Admissibility
    The hearing generally will not be conducted according to strict legal rules relating to evidence and procedure. Any relevant evidence shall be admitted if it is the type that possesses probative value commonly accepted by reasonably prudent persons in the conduct of their affairs. The rules of privilege shall be effective to the extent recognized by law. The hearing examiner shall have discretion on the admissibility of all evidence.
  3. Copies
    Documentary evidence may be received in the form of copies of excerpts if the original document is not readily available. Upon request, parties shall be given the opportunity to compare the copy to the original. It is advisable to provide an extra copy of all documents to the hearing examiner as a working copy.
  4. Judicial Notice
    The hearing examiner may take judicial notice of judicially cognizable facts and in addition may take notice of general, technical or scientific facts within his or her specialized knowledge. The hearing examiner shall not take notice of disputed adjudicative facts that are at the center of a particular proceeding.
  5. Late Filing of Documents
    The hearing examiner may request a document to be filed after the close of public testimony. Only those documents referred to at the public hearing may be submitted and only when specifically requested by the hearing examiner.
  6. Additional Evidence
    Additional evidence may be submitted upon a Request for Reconsideration based on new evidence not available at the time of the public hearing. If additional evidence is submitted with a Request for Reconsideration, it will be considered only upon a showing of significant relevance to the case and good cause for the delay in its submission. All parties of record will be given notice, either in writing or orally, of the consideration of such evidence and granted an opportunity to review such evidence and file rebuttal arguments. The hearing examiner shall have sole discretion in the admissibility of additional evidence.
  7. Record of Evidence
    All parties will be allowed the opportunity to make a record of evidence admitted or denied during the course of the hearing. This record shall include offers of proof.

(Ord. 2008-19, 2008)

1.10.022 Withdrawal of Application or Petition.

  1. Withdrawal Prior to Service of Notice
    If a withdrawal request is made in writing to the department before the official notice of the public hearing is given, the withdrawal shall be automatically allowed.
  2. Withdrawal Requested After Service of Notice
    If a withdrawal request is made after official notice of the public hearing is given, the hearing examiner has full and sole discretion in allowing or disallowing the request.

(Ord. 2008-19, 2008)

1.10.023 Decisions.

  1. Written Decisions
    The hearing examiner shall issue written decisions supported by findings of fact and conclusions of law on all matters brought before the examiner for adjudication. Such written decisions will be issued within ten (10) working days of the close of the public hearing unless, an extension of time is agreed to by the applicant, and copies will be delivered to all parties of record. The decision will also contain the procedure available to file an appeal to the hearing examiner's decision.
  2. Content of Decision
    The decision shall include a statement of:
    1. The nature and background of the proceeding.
    2. The findings of fact shall be based exclusively on the evidence presented at the hearing and those matters officially noticed. The findings of fact shall consist of a concise statement of each fact found upon each contested issue of fact. The findings of fact shall provide citations to the record to support each factual finding.
    3. Whenever practicable, the conclusions shall be referenced to specific provisions of the law and regulations or both, together with reasons and precedents relied upon to support the same. The conclusions shall make reference to the effect of the decision with reference to carrying out and conforming to the comprehensive plan and the county's development regulations.
    4. The appropriate ruling, order or relief. The decision shall be based upon a consideration of the whole record and be supported by reliable, probative and substantial evidence. All decisions may include conditions of approval.

(Ord. 2008-19, 2008)

1.10.024 Procedure for Reconsideration and Reopening Hearing.

  1.  Reopening the Hearing
    If within five (5) days after the public hearing any party of record petitions the hearing examiner for a reopening of the hearing, the hearing examiner shall have discretion to reopen the hearing to consider new testimony or new evidence that was unavailable at the time of the hearing. All parties of record who participated at the hearing shall be given notice, either written or oral, of the consideration of such additional evidence and be granted an opportunity to review such evidence and file rebuttal arguments.
  2.  Reconsideration
    1. Any party of record may file a written request for reconsideration with the department. The request must be filed within ten (10) days of the decision. The request shall specifically set forth alleged errors of fact, law or procedure as set forth in the hearing examiner's written decision. The request may also include direction to a specific issue that was inadvertently omitted from the hearing examiner's decision.
    2. The hearing examiner shall act within five (5) working days after the date of filing of the request for reconsideration by either denying or approving the request.
    3.  If the hearing examiner approves the request for reconsideration, the original decision shall be corrected or amended, or, the hearing examiner can set the matter for a continued public hearing to correct the record or any deficiencies of the original decision. If a continued hearing is required, the notice of said hearing shall be mailed to all parties of record not less than five (5) days before the hearing.

(Ord. 2008-19, 2008)

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Chapter 1.12
EMPLOYMENT OF PRISONERS*

Sections:
1.12.010 Work release program.

* For the statutory provisions authorizing the working of prisoners, see RCW 9.92.140; for provisions relating to the work-release program for prisoners in county jails, see RCW 36.63.260.

1.12.010 Work release program.
The board of Kittitas County commissioners having taken into consideration the employment conditions within the county and further having taken into consideration the jail facilities of the county and all other factors and considering themselves fully advised in the premises, do hereby declare that the work-release program as provided in RCW 36.63.260 shall be operative within the county. (Res. 1970-6, Vol. O, pp. 179, 180, 1970).

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Chapter 1.16
GENERAL PENALTY*

(Reserved)

* For statutory provisions authorizing the board of county commissioners to make and enforce, by appropriate resolutions or ordinances, all such police and sanitary regulations as are not in conflict with state law, and authorizing the board of county commissioners to declare any violation of such resolutions or ordinances to be a misdemeanor, see RCW 36.32.120(7). For statutory provisions declaring "every crime punishable by a fine of not more than two hundred and fifty dollars, or by imprisonment in a county jail for not more than ninety days," a misdemeanor, see RCW 9.01.020. 1.24.020 - 1.24.030 1-16 (Revised 8/96)

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Chapter 1.20
RIGHT OF ENTRY

(Reserved)

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Chapter 1.24
PRIVATE PROPERTY TAKING IMPACT ANALYSES

Sections:
1.24.010 Definitions.
1.24.020 Requirements.
1.24.030 Guidance.
1.24.040 Public availability of analysis.

1.24.010 Definitions.
For the purposes of this chapter the following definitions apply.

Agency
A department, agency, independent agency, or instrumentality of the United States or Washington State, including any military department, government corporation, government-controlled corporation, or other establishment in the executive branch of the United States or Washington State government.
Just compensation
Compensation equal to the full extent of a property owner's loss, including the fair market value of the private property taken and business losses arising from a taking, whether the taking is by physical occupation or through regulation, exaction, or other means and shall include compounded interest calculated from the date of the taking until the date payment is tendered.
Owner
The owner or possessor of property or rights in property at the time the taking occurs, including when the statute, regulation, rule, order, guideline, policy, or action is passed or promulgated or the permit, license, authorization, or governmental permission is denied or suspended.
Private property (or "property")
All property protected under the Fifth Amendment to the Constitution of the United States and the Third and Sixteenth Section of the Declaration of Rights of the Washington State Constitution, any applicable federal or state law, or this chapter, and includes:
  1. Real property, whether vested or unvested, including estates in fee, life estates, estates for years, or otherwise; inchoate interests in real property such as remainders and future interests; personality that is affixed to or appurtenant to real property; easements; leaseholds; recorded liens; and contracts or other security interests in, or related to, real property;
  2. The right to use water or the right to receive water, including any recorded lines on such water right;
  3. Rents, issues, and profits of land, including minerals, timber, fodder, crops, oil and gas, coal, or geothermal energy;
  4. Property rights provided by, or memorialized in, a contract;
  5. Any interest defined as property under state law; or
  6. Any interest understood to be property based on custom, usage, common law, or mutually reinforcing understandings sufficiently well-grounded in law to back a claim of interest.
Taking of private property ("taking," or "take")
Any action whereby private property is directly taken as to require compensation under the Fifth Amendment to the United States Constitution and the Third and Sixteenth Section of the Declaration of Rights of the Washington State Constitution or under this chapter, including by physical invasion, regulation, exaction, condition, or other means and shall not include a condemnation action filed by government in an applicable court or an action filed by government relating to criminal forfeiture.

(Ord. 96-9 (part), 1996).

1.24.020 Requirements.

  1. To the fullest extent possible, the policies, regulations, and public laws of Kittitas County shall be interpreted and administered in accordance with the policies under this chapter and all departments of county government shall complete a private property taking impact analysis before issuing or promulgating any policy, regulation, proposed legislation, or related department action which is likely to result in a taking of private property. The provisions of this subsection shall not apply to an action in which the power of eminent domain is formally exercised or a law enforcement action, including seizure of property for forfeiture or as evidence, for a violation of law.
  2. A private property taking impact analysis shall be a written statement that includes:
    1. The specific purpose of the policy, regulation, proposal, recommendation, or related agency action;
    2. An assessment of the likelihood that a taking of private property will occur under such policy, regulation, proposal, recommendation, or related department action;
    3. An evaluation of whether such policy, regulation, proposal, recommendation, or related department action is likely to require compensation to private property owners;
    4. Alternatives to the policy, regulation, proposal, recommendation, or related agency action that would achieve the intended purposes of the agency action and lessen the likelihood that a taking of private property will occur;
    5. An estimate of the potential liability of county government if the county is required to compensate a private property owner; and
    6. If the policy, regulation, proposal, recommendation, or related department action is in response to a state or federal mandate, the name of the state or federal agency responsible for the policy, regulation, proposal, recommendation, or related action shall be stated.
  3. Each department shall provide an analysis as part of any submission otherwise required to be made to the board of county commissioners in conjunction with a proposed policy, regulation, proposal, recommendation, or related action.
  4. No final rule shall be promulgated if enforcement of the rule could reasonably be construed to require an uncompensated taking of private property as defined by this chapter. (Ord. 96-9 (part), 1996).

1.24.030 Guidance.
The prosecuting attorney's office shall provide legal guidance in a timely manner, in response to a request by a county department, to assist the department in complying with this chapter. (Ord. 96-9 (part), 1996).

1.24.040 Public availability of analysis.
An agency shall make each private property taking impact analysis available to the public, and, to the greatest extent practicable, transmit a copy of such analysis to the owner or any other person with a property right or interest in the affected property. (Ord. 96-9 (part), 1996).

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Chapter 1.26
PRIVATE PROPERTY OWNERS' BILL OF RIGHTS

Sections:
1.26.010 Established.
1.26.020 Definitions.
1.26.030 Bill of rights.
1.26.040 Nuisance exception to payment of just compensation.
1.26.050 Transfer of property interest.

1.26.010 Established.
The board of county commissioners, after due deliberation and in the interest of conformity with the laws of this state, the Washington State Constitution and the United States Constitution, hereby establishes the private property owner administrative bill of rights set forth in this chapter. (Ord. 96-12 (part), 1996).

1.26.020 Definitions.
For the purposes of this chapter the following definitions apply:

Agency
A department, agency, independent agency, or instrumentality of the United States or Washington State, including any military department, government corporation, government-controlled corporation, or other establishment in the executive branch of the United States or Washington State government.
Just compensation
Compensation equal to the full extent of a property owner's loss, including the fair market value of the private property taken and business losses arising from a taking, whether the taking is by physical occupation or through regulation, exaction, or other means and shall include compounded interest calculated from the date of the taking until the date payment is tendered.
Owner
The owner or possessor of property or rights in property at the time the taking occurs, including when the statute, regulation, rule, order, guideline, policy, or action is passed or promulgated or the permit, license, authorization, or governmental permission is denied or suspended.
Private property (or "property")
All property protected under the Fifth Amendment to the Constitution of the United States and the Third and Sixteenth Section of the Declaration of Rights of the Washington State Constitution, any applicable federal or state law, or this chapter, and includes:
  1. Real property, whether vested or unvested, including estates in fee, life estates, estates for years, or otherwise; inchoate interests in real property such as remainders and future interests; personality that is affixed to or appurtenant to real property; easements; leaseholds; recorded liens; and contracts or other security interests in, or related to, real property;
  2. The right to use water or the right to receive water, including any recorded liens on such water right;
  3. Rents, issues, and profits of land, including minerals, timber, fodder, crops, oil and gas, coal, or geothermal energy;
  4. Property rights provided by, or memorialized in, a contract;
  5. Any interest defined as property under state law; or
  6. Any interest understood to be property based on custom, usage, common law, or mutually reinforcing understandings sufficiently well-grounded in law to back a claim of interest.
Taking of private property ("taking" or "take")
Any action whereby private property is directly taken as to require compensation under the Fifth Amendment to the United States Constitution and the Third and Sixteenth Sections of the Declaration of Rights of the Washington State Constitution or under this chapter, including by physical invasion, regulation, exaction, condition, or other means and shall not include a condemnation action filed by the United States or Washington State in an applicable court or an action filed by the United States or Washington State relating to criminal forfeiture.

(Ord. 96-12 (part), 1996).

1.26.030 Bill of rights.

  1. In implementing and enforcing county regulations, each department shall comply with the applicable state and federal government laws, including laws relating to private property rights and privacy, and shall administer and implement the county regulations in a manner that has the least impact on private property owners' constitutional and other rights.
  2. Each county department shall develop and implement procedures for ensuring that the constitutional and other legal rights of private property owners are protected when the department makes, or participates with other departments or agencies in the making of, any final decision that restricts the use of private property.
  3. County employees may enter private property to collect information only when they have statutory authority or have written permission from the property owner. The county assessor's office, health department, building and fire safety and sheriff's office have statutory authority for normal conduct of their business. Any raw data collected from the property shall be made available at no cost, if requested by the private property owner. A county employee is not prohibited entry onto property for the purpose of obtaining consent or providing notice required by this chapter.
  4. A county employee may not use data that is collected on privately owned property to implement or enforce county regulations, unless the county department has provided to the private property owner access to the information, a description of the manner in which the information was collected, and an opportunity to dispute the accuracy of the information and, if the private property owner disputes the accuracy of the information, the county department head has determined that the information is accurate.
  5. A private property owner or their authorized representatives is entitled to an administrative appeal of the following actions that occur under county regulations:
    1. A determination that a particular parcel of property is critical habitat of a listed species.
    2. The finding of jeopardy in any consultation on a county department action affecting a particular parcel of property.
    3. Any incidental take statement, and any reasonable and prudent measures included therein, issued in any consultation affecting a particular parcel of property.
    4. The imposition of an administrative penalty.
    5. The imposition of an order prohibiting or substantially limiting the use of the property.
         Rules issued under this subsection shall provide that any administrative appeal of an action shall be heard and decided by the board of county commissioners applying normal policies and procedures adopted by the board of county commissioners for appeals.
         An owner of private property may receive compensation, if appropriate, subject to the provisions of this chapter.
  6. A private property owner that, as a consequence of a final qualified county department action, is deprived of fair market value of property as determined by a qualified appraisal expert is entitled to receive compensation in accordance with the standards set forth in this chapter.
         No later than ninety days after receipt of a final decision of a county department action that deprives a private property owner of fair market value or viable use of property for which compensation is required under this chapter, the private property owner may submit in writing a request to the department head for compensation in accordance with this chapter.
         No later than one hundred eighty days after receipt of a request for compensation, the county department shall provide to the private property owner, where appropriate under the standards of this chapter, an offer to purchase the affected property of the private property owner at a fair market value, and an offer to compensate the private property owner for the difference between the fair market value of the property without those restrictions and the fair market value of the property with those restrictions.
         No later than sixty days after the date of receipt of the county department's offers the private property owner shall accept one of the offers or reject both offers. If the private property owner rejects both offers, the private property owner may agree to binding arbitration and submit the matter to an arbitrator appointed by the department head from a list of arbitrators submitted to the county department by the American Arbitration Association. The arbitration shall be conducted in accordance with the real estate arbitration rules of the association. For purposes of this section an arbitration is binding on:
    1. The county department and a private property owner as to the amount, if any, of compensation owed to the private property owner; and
    2. Whether the private property owner has been deprived of fair market value or viable use of property for which compensation is required.
         If the private property owner does not wish to accept either county offer or to be bound by arbitration he is free to pursue his cause with the courts.
         A county department shall pay a private property owner any compensation required under the terms of an offer of the department head that is accepted by the private property owner, or under a decision of an arbitrator, out of currently available appropriations supporting the activities giving rise to the claim for compensation under this section not later than sixty days after the date of the acceptance or the date of the issuance of the decision, respectively. If insufficient funds are available to the department in the fiscal year in which the award becomes final, the agency shall either pay the award from appropriations available in the next fiscal year or promptly seek additional appropriations for such purpose.

(Ord. 96-12 (part), 1996).

1.26.040 Nuisance exception to payment of just compensation.
No compensation shall be required by this chapter if the owner's use or proposed use of the property is a nuisance as commonly understood and defined by background principles of nuisance and property law, as understood within Washington State and bar an award of damages under this chapter, the county shall have the burden of proof to establish that the use or proposed use of the property is a nuisance. (Ord. 96-12 (part), 1996).

1.26.050 Transfer of property interest.
The county shall take title to the property interest for which the county pays a claim under this chapter. (Ord. 96-12 (part), 1996).

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Chapter 1.28
COORDINATING GOVERNMENT REGULATION OF LAND AND NATURAL RESOURCES USE

Sections:
Article I. Preliminary Provisions

1.28.010 Purpose.
1.28.020 Coordination with existing county law.
1.28.030 Effectiveness, validity under federal and state law.
1.28.040 Definitions.

Article II. General Guidance
1.28.050 General guidance.

Article III. Specific Guidance
1.28.060 Agriculture and livestock production.
1.28.070 Forest products.
1.28.080 Cultural resources, recreation, wildlife, and wilderness.
1.28.085 Species listing procedures.
1.28.090 Land acquisition and disposition.
1.28.100 Water resources.
1.28.110 Clean air.
1.28.120 Mining and minerals.
1.28.130 Private property rights.

Article IV. Monitoring and Enforcement
1.28.140
1.28.150 Coordinating committee and subcommittees.
1.28.160 Research and data collection.
1.28.170 Enforcement.

Article I. Preliminary Provisions

1.28.010 Purpose.
The purpose of this chapter is to provide the legal basis and a logical process for determining how federal and state agencies may coordinate and consult with Kittitas County in any actions that may affect land and natural resources and their uses, in order that the citizens of Kittitas County may preserve their customs, cultures, and economic stability and continue to protect the environment and utilize the existing base of natural resources beneficially. This chapter addresses federal and state agency regulations of land and natural resources use directly and is intended to be used as a positive instrument to guide federal and state agencies and county government in the cooperative development and implementation of regulations affecting land and natural resources use in Kittitas County. (Ord. 96-17 (part), 1996).

1.28.020 Coordination with existing county law.

  1. The provisions of this chapter shall be in addition to and coordinated with the Kittitas County comprehensive plan.
  2. This chapter shall provide a general framework as well as specific guidance and shall work in conjunction with other county ordinances, resolutions, policies, and plans. If this chapter conflicts with any other ordinance, resolution, policy or plan, as currently existing, the board of county commissioners shall take all practical measures to resolve such conflicts and harmonize the intent of each such ordinance, resolution, policy or plan with this chapter. In the event that such resolution cannot be accomplished, then the provisions of this chapter shall supersede the provisions of those other instruments. (Ord. 96-17 (part), 1996).

1.28.030 Effectiveness, validity under federal and state law.

  1. This chapter shall be effective upon adoption by the Kittitas County board of county commissioners.
  2. The validity of this chapter is based upon the rights of citizens granted by the Constitution of the United States and the state of Washington, the duty of the county to protect and uphold such rights; and existing federal and state laws which required that federal and state agencies consult and coordinate with local governments in actions affecting the use of land and natural resources. If any such provision of this chapter shall be found invalid by a court of competent jurisdiction, the remaining provisions shall not be affected thereby, but shall remain in full force and effect and, to that extent alone, the provisions of this chapter shall be severable. (Ord. 96-17 (part), 1996).

1.28.040 Definitions.
For the purpose of this chapter, and in any regulations or agreements promulgated hereafter, the following words shall be defined as follows:

Action
When used with respect to any governmental entity's directive or guideline governed by this chapter, shall have the broadest possible meaning in the context of any exercise of authority and shall include, without limitation, any proposal, policy, regulation, rule, consideration, finding, study, gathering, or review of data that may lead to any substantive rule, regulation, administrative action or determination.
County
The board of county commissioners and the departments under their auspices and control.
Government entity
Any federal agency, state agency, or other governing entity with legal jurisdiction to exercise its authority in Kittitas County, and shall also include any department, agency or commissioner or individual exercising any authority derived from that entity.
Private property
All property protected by the Fifth and Fourteenth Amendments to the United States Constitution, Article I, Section 16 of the Constitution of the state of Washington.
Beneficial use
Any use or any lawful restriction of use which directly benefits the citizens of Kittitas County in material, monetary, aesthetic, cultural, or any other ways in which the livelihood and general well being of Kittitas County is actively enhanced or maintained.

(Ord. 96-17 (part), 1996).

Article II. General Guidance

1.28.050 General guidance.
To the fullest extent required or permitted by law, all government entities in all actions considered, proposed, or taken that affect or have the potential of affecting the environment, the use of land, or the use of any natural resources within Kittitas County shall:

  1. Make a determination of the effects such actions have on:
    1. Community stability in general;
    2. Preservation of local custom, cultures;
    3. Conservation and beneficial use of all other natural resources;
    4. Possible adverse effects on the environment as a result of any action or actions proposed or taken.
  2. Coordinate procedures mandated by this chapter with Kittitas County on an equal basis prior to and during any federal or state action.
  3. In conjunction with Kittitas County or its appointed representatives, establish through a memorandum of understanding or other agreement the process for such coordination, including joint planning, joint environmental research and data collection, joint hearings, and joint environmental assessments.
  4. Reconcile the proposed action with Kittitas County laws, policies and plans, including the comprehensive plan and, after such consideration, take all practical measures to resolve any conflicts.
  5. Take all appropriate mitigative measures adopted with the concurrence of Kittitas County to adequately address the adverse impacts on the customs, cultures, or economic stability or protection or use of the environment.
  6. Not violate, through regulatory or other means, any private property rights of the citizens of Kittitas County.
  7. Consult publicly or privately with all citizens who may be affected by the proposed regulation. (Ord. 96-17 (part), 1996).

Article III. Specific Guidance

1.28.060 Agriculture and livestock production.
The customs and culture associated with agricultural and livestock production in Kittitas County are significant to the economic stability, livelihood, and overall well being of all its citizens. Kittitas County's duty to encourage beneficial use of natural resources, as well as the responsibility to protect the environment, is critical to the success of agriculture and livestock production. The purpose of this section is to provide clear guidance to governmental entities when actions taken by those entities affect agriculture and livestock production.

  1. The use of lands for grazing and crop production, improvements on production methods, and the introduction of new technology and products is recognized, protected and encouraged by Kittitas County. No action, proposal, or agreement with any other entity shall impair these rights and uses in any manner whatsoever without addressing potential impacts as outlined in Article II of this chapter. (Ord. 96-17 (part), 1996).

1.28.070 Forest products.
The customs and cultures associated with forest production in Kittitas County are significant and have provided economic stability, livelihood, and well being to its citizens.

  1. The right to grow, harvest, and process timber and other forest products is recognized and protected by Kittitas County and no action, proposal, or agreement with any other entity shall impair these rights and uses in any manner whatsoever without addressing their potential impacts as outlined in Article II of this chapter.
  2. The protection of, as well as the right to the continued beneficial use of, the forest lands in Kittitas County is essential to the livelihood and well being of its citizens and shall not be unlawfully diminished by Kittitas County. (Ord. 96-17 (part), 1996).

1.28.080 Cultural resources, recreation, wildlife, and wilderness.
The benefits derived from the cultural resources, recreation, availability of wildlife, and wilderness in Kittitas County are significant to the livelihood and well being of its citizens. It is the continuing policy of Kittitas County to:

  1. Assure for its citizens a safe, healthful, and productive surrounding;
  2. Preserve important historic, cultural, and natural aspects of Kittitas County heritage;
  3. Strive to maintain a physical environment which supports the diversity of use and a variety of individual choices. (Ord. 96-17 (part), 1996).

1.28.085 Species listing procedures.
In connection with any action associated with any plant or animal species which may impair Kittitas County's ability to satisfy the provisions of Section 1.28.080(1) through (3) of this chapter, any governmental entity shall, at the earliest possible time, give actual notice to Kittitas County of the intent to consider or propose any species for listing, or to change or propose habitat of special protection. (Ord. 96-17 (part), 1996).

1.28.090 Land acquisition and disposition.
Diversity of land use and protection of the environment is a significant aspect of the customs, cultures, and economic diversity of Kittitas County. In addition, private land ownership provides much of the tax base for vital public functions such as the statewide funding of public schools and the administration of county government. When land (including any interest in land) is acquired or held in trust by governmental entities, it may be removed from this tax base and the citizens of Kittitas County, as well as the state, may suffer as a result. It is the policy of Kittitas County that the design and development of all governmental entities' land acquisition, including by forfeiture, donation, purchase, eminent domain or trust, and disposals, including adjustments and exchanges, be carried out to the benefit of the citizens of Kittitas County.

  1. Before any governmental entities pursue any regulation, disposition, adjustment or exchange of land within Kittitas County, the county shall be notified of, consulted with, and otherwise involved in all governmental entities' regulations, dispositions, adjustments or exchanges. Kittitas County shall consult with, and receive the testimony of, all citizens owning or having lawful control of any of the land or resources affected.
  2. Land or resources owned or held in trust for the people of the United States of America or of the state of Washington shall be managed within Kittitas County in a manner to avoid impairing any property right of any owner of land in Kittitas County.
  3. Any diminution of the lawful right of use of any land in Kittitas County by any agency will be accompanied by a petition of relief originating from the Kittitas County assessor's office, addressed to both the Department of Revenue, state of Washington, and the Kittitas County board of equalization, requesting a proportional decrease in evaluation of the taxation status of that piece of property. (Ord. 96-17 (part), 1996).

1.28.100 Water resources.
Beneficial utilization and management of waters of the state are guided by certain general principles including, but not limited to, domestic use, stock watering, industrial uses, commercial uses, agricultural irrigation, hydroelectric power production, mining, fish and wildlife maintenance, recreational uses, thermal power production, preservation of environmental and aesthetic values. Any and all other uses compatible with the enjoyment of the public waters of the state are deemed to be beneficial.

  1. Water use and the rights associated with lawful uses are a property right and are recognized and protected by Kittitas County and no action, proposal, or agreement with any other entity shall be allowed to affect any water right or water usage in any way whatsoever without addressing potential impacts as outlined in Article II of this chapter. (Ord. 96-17 (part), 1996).

1.28.110 Clean air.
Kittitas County recognizes that the right to the beneficial use and protection of atmospheric resources is significant to the preservation of the customs, cultures, and economic stability of Kittitas County.

  1. Prior to taking any action affecting air quality or usage within Kittitas County, all governmental entities shall:
    1. Notify Kittitas County of the proposed action;
    2. Provide a detailed statement assessing the specific effects on the customs, cultures, economy, and environment of Kittitas County;
    3. Consider all alternatives to the taking of such action;
    4. To the extent permitted by law, take appropriate mitigation measures adopted with the concurrence of Kittitas County;
    5. Any governmental entities' actions that has or could have the effect of changing the existing use of air resources within Kittitas County shall be critically considered in relationship to the historic and current use of air resources in the county by humans, vegetation, livestock, and wildlife. Any proposed designation of federal or state pollution non-attainment areas and any other federal or state action that has any effect on the air resources within Kittitas County shall be coordinated with the county and shall comply with all county air quality standards and use plans.
  2. It is the intent of Kittitas County to assist governmental entities in the planning and management of the county's natural, cultural, economic, and environmental resources related to air quality. Kittitas County shall have the authority to establish development regulations regarding air pollution and to develop air quality protection plans, of its own design. To the extent such authority is exercised, federal and state agencies shall accept and enforce such regulations to the extent permitted by law. In addition, the county shall have the authority to continue to develop, in coordination with private industry, civic, trade and citizens' organizations and governmental agencies, air quality management plans that encourage the beneficial use and preservation of clean air resources throughout Kittitas County. To the extent such authority is exercised and otherwise permitted by law, federal and state agencies shall be subject to and shall comply with all administrative requirements, controls, processes, and sanctions of such regulations and plans. (Ord. 96-17 (part), 1996).

1.28.120 Mining and minerals.
The safe extraction and subsequent processing of minerals, sand, gravel, and petroleum are already heavily regulated on the federal and state level. There is a significant difference between the actual active extraction of mineral wealth and the right to do so. Kittitas County recognizes that the beneficial use of mineral resources is significant to the preservation of the customs, cultures and economic stability of its citizens.

All minerals, including sand, gravel, and petroleum, are a property right recognized and protected by Kittitas County and the ownership, discovery, extraction, processing and beneficial use shall be encouraged and no action, proposal or agreement with any other entity shall affect those rights and uses in any way whatsoever without addressing potential impacts as outlined in Article II of this chapter. (Ord. 96-17 (part), 1996).

1.28.130 Private property rights.
Kittitas County recognizes that the protection of private property rights is essential to the preservation of the customs, cultures, and economic stability of its citizens and protection and use of their environment. Governmental entities shall fully comply with all current case law, statutes, regulations, rules, and guidelines concerning the protection of private property rights in Kittitas County including, without limitation, United States Executive Order 12630 "Government Actions and Interference with Constitutionally Protected Property Rights" dated March 16, 1988. Kittitas County shall also refer to the Attorney General of the state of Washington's periodic assessment of takings law to refrain from unconstitutional takings by its own or their agencies.

  1. All private property and the private property rights of the citizens of the United States of America residing in Kittitas County shall be protected by Kittitas County under the Fifth and Fourteenth Amendments to the United States Constitution and Article 1, Section 16 of the Washington State Constitution, any applicable United States Executive Orders, all other appropriate instruments of law and the subsequent interpretations thereof. Kittitas County shall protect private property and the private property rights of her citizens through the legislative process and through implementation of this chapter.
  2. The violation of the private property rights of any citizen of the United States of America residing in Kittitas County by any federal or state agency shall be deemed to be a violation of this chapter. Any judgment of any liability as described in Section 1.28.170(b) shall be the responsibility of the federal or state agency as well as the federal or state official, employee, or other person directly responsible for making the decisions implementing the action which results in such violation.
  3. The protection afforded under subsection (1) of this section shall not include the right in the individual citizen to have the county maintain an independent legal action on their individual behalf. Kittitas County is not authorized to assist the private individual in this fashion. The county may only act in such capacity under the limited parameters as established in Section 1.28.170(a). It is the intent of this chapter to provide additional guidance to government, and to provide a remedy for those aggrieved by federal, state and local action not in compliance with this chapter. (Ord. 96-17 (part), 1996).

Article IV. Monitoring and Enforcement

1.28.140 General authorization.
Kittitas County shall have the authority to develop and maintain monitoring and compliance standards to evaluate and enforce federal and state agency compliance with the provisions and products derived of this chapter, the comprehensive plan, and any other ordinances, resolutions, policies, and plans enacted by Kittitas County. The county may, by a resolution of the board of county commissioners, exempt any action or area of action by a governmental entity from this chapter. (Ord. 96-17 (part), 1996).

1.28.150 Coordinating committee and subcommittees.
A basis premise of this chapter is that the participatory involvement of citizens who may be affected by a governmental action is crucial to the preservation of their customs, cultures, civil rights, economic stability, and beneficial use of their environment. This is particularly true with respect to the cooperative intergovernmental coordination of the regulation of land and natural resources use.

  1. In order to involve citizens in the monitoring and enforcement of this chapter, there shall hereby be established the Kittitas County coordinating committee for governmental actions affecting land and natural resource use (the "coordinating committee"), and any subcommittees created. The basic function of the coordinating committee and subcommittees shall be to monitor federal and state actions and advise the county commissioners regarding compliance by such agencies with this chapter. The coordinating committee and the subcommittees shall be advisory only and shall in no way bind the county commissioners, who shall have final authority regarding interpretation and enforcement of this chapter.
  2. The board of county commissioners shall appoint, on the first Monday of each year or as soon thereafter as practical, the co-chair and the members of each subcommittee. Members of the coordinating committee and each subcommittee must be over the age of eighteen and be appointed by the board of county commissioners (two members from each district and one at-large member), with terms of appointment as follows: Initially, one-third of the members shall be appointed for one-, two-, and three-year terms respectively. Thereafter, terms shall be for a period of three years, staggered so that the terms of one-third of the members expire each year. The county commissioners may remove any person from a chair, co-chair, or membership position for cause and may fill vacancies as needed from time to time.
  3. In furtherance of this chapter, the coordinating committee may create subcommittees to address specific needs. The board of county commissioners may, by resolution, expand the number of coordinating committee members as needed.
    1. At the initial meeting, the coordinating committee shall adopt operational procedures for itself and the subcommittees that may be created which, along with any later amendments thereto, shall be subject to the approval of the board of county commissioners. To the extent required by law, the coordinating committee and the subcommittees shall be subject to the Open Public Meetings Act (RCW 42.30) and the Public Disclosure Act (RCW 42.17).
  4. When determining which citizens shall be appointed, the county commissioners shall consider the purpose of this chapter and the functions that each subcommittee and the coordinating committee shall perform. While no specific criteria must be met, appointments should collectively reflect an expertise and involvement in the primary subject matter, and the broad diversity of the many aspects of the cultures, customs, economy, and environment of Kittitas County. (Ord. 96-17 (part), 1996).

1.28.160 Research and data collection.
In furtherance of the purposes of this chapter, it is the intent of the county to develop and maintain a research database of information regarding the customs, cultures, economy, and environment of Kittitas County. (Ord. 96-17 (part), 1996).

1.28.170 Enforcement.

  1. The county commissioners shall have the authority to request the prosecuting attorney to bring an action to enforce this chapter in any court or administrative tribunal of competent jurisdiction and to seek cumulative remedies, including any criminal or civil penalties allowed by law, equitable relief and monetary compensation when the county tax base or the general welfare or health and safety of the citizens of the county are at issue.
  2. Nothing in this chapter shall be construed to limit any remedy that any person may have under the laws of the state of Washington, or of the United States of America. Every person who, under color of any law, statute, ordinance, regulation, custom, or usage of the United States of America or of the state of Washington, subjects any person within Kittitas County to the deprivation of any property or civil rights secured by this chapter shall be liable to the person injured in an action at law, suit in equity or other proper proceedings for redress.
  3. Every person who, under color of law, statute, ordinance, regulation, or customs willfully subjects any person within Kittitas County to the deprivation of any civil or property rights secured or protected by this chapter shall be punished by a fine of not more than one thousand dollars per violation. (Ord. 96-17 (part), 1996).
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