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Home My WebLink AboutCity Council Committees - Planning and Economic Development Committee - 09/17/2002 • KENT VV ASH ING TO N PLANNING COMMITTEE COMMUNITY' DEVELOPMENT Fred N. SatterstromD'AICP September 17, 2002 PLANNING SERVICES Charlene Anderson,AICP Manager Mailing Address % The City Council Planning Committee will meet in Council Chambers East, Kent 220 Fourth Ave. S. City Hall, 220 0' Avenue South, at 3:00 PM on Tuesday, September 17, 2002. Kent,WA 98032-5895 Location Address: 400 West Gowe Kent,WA 98032 Phone:253-856-5454 Committee Members: Leona Orr, Chair Tim Clark Bruce White Fax:253-856-6454 Action Speaker Time 1. Approval of Minutes: YES August 20, 2002 2. Building Code Appeals Amendment YES Charlene Anderson 10 min — Ordinance The Planning Committee meets the third Tuesday of each month at 3:00 PM in Chambers East, Kent City Hall, 220 4"' Ave. South, unless otherwise noted. For agenda information please contact Jackie Bicknell at (253) 856-5712. A-NY PERSON REQUIRING A DISABILITY ACCOMMODATION SHOULD CONTACT THE CITY CLERK'S OFFICE AT(253)856-5725IN ADVANCE. FOR TDD RELAY SERVICE CALL THE WASHINGTON TELECOMMUNICATIONS RELAY SERVICE AT 1-800-833-6388. SEPTEMBER 10, 2002 T E AGENDA COVER SHEET FOR THE 09/17/02 NNING COMMITTEE MEETING (3:00 PM) • TITLE OF ITEM #1 "BUILDING CODES" APPEALS AMENDMENT ORDINANCE ACTION ITEM: Staff is recommending that the Planning Committee forward the proposed ordinance to the full City Council for adoption. BACKUP MATERIAL: Staff Report from Bob Hutchinson dated 9/10/02, "Draft" Ordinance PRESENTER: Bob Hutchinson, Building Official TIME: 30 Minutes • S:IPermit0anlPlanning Committee1020917pc-cvrsht.doc • ITEM#1 PLANNING COMMITTEE SEPTEMBER 17, 2002 BUILDING CODE APPEALS AMENDMENT ORDINANCE ACTION ITEM : Staff recommends that the Planning Committee forward the proposed ordinance to the full City Council for adoption. • COMMUNITY DEVELOPMENT Fred Satterstrom, C.D. Director BUILDING SERVICES DIVISION Robert D. Hutchinson, CBO, Building Official Phone:253-856-5401 Fax: 253-856-6421 KENT WASHINOTCN Address: 220 Fourth Avenue S. Kent,WA 98032-5895 September 10, 2002 To: CHAIR LEONA ORR AND PLANNING COMMITTEE MEMBERS From: BOB HUTCHINSON, BUILDING OFFICIAL Regarding: "BUILDING CODES" APPEALS AMENDMENT ORDINANCE FOR PLANNING COMMITTEE MEETING OF SEPTEMBER 17, 2002 Kent City Code 14.01.080, as currently enacted, establishes the hearing examiner as the entity to hear and decide appeals of actions taken in the administration and enforcement of the Uniform Building, Plumbing, Mechanical and Housing Codes, referred to collectively . as "building codes". Historically, the appeal provisions were intended for and utilized by persons directly affected by such actions, in order to assure reasonable and appropriate administration and enforcement by City staff. The current provisions, however, lack such details as time limitations for filing appeals; limitations on who may file appeals; and the process appellants may avail themselves of beyond the hearing examiner's decision. The attached ordinance draft is intended as a housekeeping measure to correct these deficiencies, providing a more effective and efficient appeal process. The provisions of the amendatory ordinance establish and clarify the following: • Appeals must be filed within fourteen (14) days of the action being appealed, • A filing fee of two hundred dollars ($200.00) must be paid by the appellant, • Only someone directly affected by the action can file an appeal, and • Further appeal of the hearing examiner's decision can be made to superior court within twenty-one (21) days of the hearing examiner's decision. Staff recommends that the Planning Committee forward the Ordinance to the full City Council for adoption. S:\Permit\Plan\Planning Committee\2002\AppealsMemo-PlanningCommittee91702.doc Attachments: Ordinance Draft cc: Fred N. Satterstrom,AICP, Community Development Director • Kim Adams Pratt,Assistant City Attorney Planning Committee File r • ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, amending section 14.01.080 of the Kent City Code, entitled "Appeals," to provide for reasonable application and interpretation of the provisions of the Uniform Building Code. WHEREAS, in 1998 the City Council amended Chapter 14.01 of the • Kent City Code adopting various Washington state and uniform building codes; and WHEREAS, the City Council desires to amend section 14.01.080 of the Kent City Code to provide for a more effective and efficient appeal process relating to building code permit appeals; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. - Amendment. Section 14.01.080 of the Kent City Code entitled, "Appeals," is amended as follows: Sec. 14.01.080. Appeals. A. Appeals to the hearing examiner. 1. Jurisdiction. In order to hear and decide appeals of orders, decisions or determinations made by the building official relative to the suitability of alternate • 1 Building Code Appeals Section 14.01.080 • ,materials, design, and methods of construction and to provide for reasonable application and interpretation of the provisions of the Uniform Building Code, the Uniform Mechanical Code, the Uniform Plumbing Code and the Uniform Housing Code, the city of Kent hearing examiner is hereby designated as the board of appeals created pursuant to Section 105 of the Uniform Building Code, Section 110 of the Uniform Mechanical Code, Section 102.4 of the Uniform Plumbing Code and Section 203 of the Uniform Housing Code adopted in KCC 14.01.010 above. The city hearing examiner shall constitute the board of appeals for all matters concerning the application of the uniform codes cited in this section. The city hearing examiner, I however, shall have no authority relative to interpretation of the administrative provisions of these codes, nor shall the city hearing examiner be empowered to waive requirements of these codes. 2. Filing. Appeals shall be filed with the Hearing Examiner by five (5:00) �T.m of the fourteenth (14"') calendar day following the date of the order, determination or decision being appealed. When the last day of the appeal period so • computed is a Saturday Sunday, or federal or City holiday, the period shall run until five (5:00) p.m. on the next business day. The appeal shall be accompanied by payment of the filingfee.ee Specific objections to the building official's decision and the relief sought shall be stated in the written appeal. 3. Standinz. Standingto o bring an appeal under this chapter is limited to the following persons: a. The applicant and the owner of property to which the permit decision is directed. b. Another person aggrieved or adversely affected by the land use decision, or who would be aggrieved or adversely affected by a reversal or modification of the land use decision. A person who is aggrieved or adversely affected within the meaning of this section only when all of the following conditions are present: 1. The land use decision has prejudiced or is likely to . prejudice that person; 2 Building PP Code Appeals Section 14.01.080 . 2. A judgment in favor of that person would substantially eliminate or redress the prejudice to that person caused or likely to be caused by n•the land use decisio and 3. The appellant has exhausted his or her administrative remedies to the extent required by law. B. Appeals to superior court. Appeals to the hearing examiner shall be made pursuant to Ch. 2.32 KCC. The decision of the hearing examiner shall be final and conclusive unless within twen -one (21) calendar days of the hearing examiner's decision, an appeal is filed with the superior court. SECTION 2. - Savings. The existing Section 14.01.080 of the Kent City Code, which is amended this ordinance, shall remain in full force and effect until the effective date of this ordinance. SECTION 3. -Severability. If any one or more section, subsections, or • sentences of this Ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. SECTION 4. - Effective Date. This ordinance shall take effect and be in force thirty(30) days from and after passage as provided by law. JIM WHITE, MAYOR ATTEST: BRENDA JACOBER, CITY CLERK • 3 Building Code Appeals Section 14.01.080 • APPROVED AS TO FORM: TOM BRUBAKER, CITY ATTORNEY PASSED: day of , 2002. APPROVED: day of 2002. PUBLISHED: day of 2002. I hereby certify that this is a true copy of Ordinance No. passed by the City Council of the City of Kent, Washington, and approved by the Mayor of the City of Kent as hereon indicated. (SEAL) • BRENDA JACOBER, CITY CLERK P.�Civil`,Ordin.wed 4.01.080Appeals.doe ij I • 4 Building Code Appeals Section 14.01.080 Mottram, Pamela Bicknell, Jackie Hutchinson, Robert; Anderson, Charlene; Porter, Margaret tubject: Planning Committee Meeting of 9/17/02 Jackie, Cover sheet is attached for the upcoming Planning Committee meeting of 9/17/02. 020917pccvrsht.do c Thank you. r�G{bLt,twl,5`YQt6VP,Sgl_'.y'�L�III c. ]