HomeMy WebLinkAbout3179Ordinance No. 3179
["Beginning July 1, 1998"]
(Amending or Repealing Ordinances)
Repeal Ch. 13.14 by Ord. 3691
"4111 1 0,3
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ORDINANCE NO. 31 YJ
AN ORDINANCE of the City Council of the
City of Kent, Washington, amending Chapter
13.14 relating to enforcement of the fire
code, providing civil penalties and abatement
procedures.
WHEREAS, the Kent City Council has adopted Chapter 1.04
of the Kent City Code relating to enforcement and abatement of
violations of certain City codes; and
WHEREAS, the purpose of enacting the provisions of
Chapter 1.04 was to establish a uniform system of code
enforcement; and
WHEREAS, amending Chapter 13.14 of the Kent City Code
to provide for enforcement of violations of the fire code through
Chapter 1.04 will assist in the furtherance of this objective;
NOW, THEREFORE,
-1d- -0--t
THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION I. Kent City Code Chapter 13.14 entitled
"Enforcement" is hereby amended to read as follows:
CHAPTER 13.14. ENFORCEMENT
Sec. 13.14.02-6 010. Scope.
This chapter shall govern enforcement actions conducted by
the fire chief pursuant to this title-, wh ems' 'ne " es _Qf the
fire codes adopted in -=� Title 13-9i-919 as defined in
Section 13.14-020 below.
Sec 13.14.020, Definitions.
A "Fire chief" as used in this chapter shall mean the
fire chief of the City of Kent or his or her designee.
B. "Fire codes" as used in this chapter shall mean and
include the Uniform Fire Code as set forth in section 13.02.010
of the Kent City Code (KCC) Chapter 13.03 KCC entitled "Fire
Suppression Systems" and Chapter 13.04 KCC entitled "Fire
Hydrants" as now or hereinafter adopted amended and/or
supplemented pursuant to Title 13 of the Kent City Code. the
Revised Code of Washington and/or the Washinaton Administrative
R
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Sec. 13.14.040. Duty to enferee. Administration and enforcement.
A. It shall be the duty of the fire chief to enforce the
fire codes this in the manner generally described in each
of the respective fire codes aelepted in seetien i3.92.9io and as
more particularly described in this chapter. All enforcement of
the fire codes shall only be performed by the fire chief or with
his/her concurrence The fire chief may call upon the police or
other appropriate city department to assist in enforcement.
B. It is the intent of this chapter to place the
obligation of complying with the --47" requirements of the fire
codes upon the owner, occupier or other person responsible for
the condition of the buildings, structures, dwelling units or
I
premises within the scope of this title.
C. In case of conflict between the -provisions of
enf__-_..--nt preeedures— n the fire codes and of this chapter, the
provisions of this chapter shall be controlling.
Sec. 13.14.060. Investigation and notice of violation.
A. The fire chief or his representative shall investigate
any building, structure, dwelling unit or premises which the fire
chief reasonably believes does not comply with the standards and
requirements of the fire codes this t t e.
B. If, after investigation, the fire chief determines that
the Bede standards or requirements of the fire codes have been
violated, the fire chief shall may seek compliance and serve a
3
notice of violation on the owner, tenant, or other person
responsible for the condition and/or otherwise enforce pursuant
to this chapter and Section 13 14 240 below. If a notice of
violation is directed to a tenant or other person responsible for
the violation, a copy of the notice shall also be sent to the
owner of the property.
oerreetive—aetie , if any, is nee
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i 9zandards-fir requirements arra shall seta 1- c�u.�v
ueei:nplianee. The neVee shall state that any subsequent
eithis title i +
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ether pairsenrespensible fer trtc--eenditien K the build
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eertified mail with return reeeipt requested,
addre
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address ei seek persen. Aftera senable
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aeeemplished and fire ehief makes an affidavit te that effeet&F
;jthe ems_ f t
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few twe--(-2) eenseeutive weeks in the—
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elefamati en t
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TT T netiee
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^erre•et—elei--r
may i5e amendeel
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at an time in
errers,
a to _
n • unless ess a re•gt'CT-ei--'a -review of the
is ffta-raeeerdanee with eL.Vi eM t
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Sec. 13.14.100. Stop use order.
The fire chief may issue a stop use order pursuant to the
provisions of as a....er be ' section 2.205 of the Uniform Fire
Code, or may issue such order whenever a continuing violation of
any of the fire codes this title will materially impair the fire
chief's ability to secure compliance or when a continuing
violation threatens the health or safety of the public.
Sec. 13.14.120. Emergency order.
A. Whenever any building, use, dwelling unit and/or
premises which violates the fire codes title !a threatens the
health and safety of the occupants of the building, dwelling
unit, premises or any member of the public, the fire chief may
issue an emergency order requiring that the building, dwelling
FA
unit and/or premises be restored to a condition of safety, and
specify the time set for compliance. In the alternative, the
order may require that the building, dwelling unit and/or
premises be immediately vacated and closed to entry.
B. The emergency order shall be posted on the building,
;dwelling unit and/or premises and shall be mailed by regular,
first class mail to the last known address of the owners, and if
;i
applicable, to the occupants.
C. Any building, dwelling unit and/or premises subject to
an emergency order which is not repaired within the time
specified in the order is hereby found and declared to be a
public nuisance, which the fire chief is authorized to abate by
such means and with such assistance as may be available to him,
and the costs thereof shall be recovered by the fire chief in the
manner provided by law.
it T. Any ersen aggrieved-
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1'I tie—fire—eh} e s eet�e
�
i eft enetiee by eating sten—
L7TCCr Te"i-v�ree'ethe 'TTetieC-- When
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15j+` a netiee -efvielatien issued
review —wi-thin fifteen (3:5-)
—the —last elay-ef the isi-ried-70
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the
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geese d—sural-rrxn until l 5
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eeluest e e- in writing,
11 fire -ehl ef 9rriazr-1`3et - -1 any r e
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p enL-ee e p -ef t ite xe gtte -}
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r h e
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violation -and
the -e
emp l -a -i na-r
,
if any, of
the date,
time and
fee
the -review,
whiCshall
net
lCTTLhan
teT�-'��I
/
Alaee--set
ne'e mer i
Abe
afterthe request
is
reCC"S
fire elief may,
rgood eause,
postpone
the date
set fe
review, if all
persons
served
with the neVee
of
te sweh postponement.
signiMeantly
written material
aNeetedSA
to
Before
the fire
the
ehief
date set
fee eensideratien
fee review,
a p
at t
B. The
fire ehief,
review
sueh as
will eensist
the assistant
of informal
fire ehief
in eharge
meeting
hCI•�ZII
of
elty's eede
ill be given
neVee--and therepresentative
enfereement
of the
division,
-reasons
fee
will attend.
the f re
,,, listen
An
ehi'ei
vv any
explanation
' ..5�'7"s"UL.
aa•t
'nee
-of the
,
information
review, the
i
presented
fire eh
by the
i of e
persons
attending.
I.
Sustain
the
t
ee Fe , .,
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3.
Gentinue
the
review
te a date
e.a
-rem--
a
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4. Modify +-L, netiee
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Thefire ehief shall issue a final order e caiiiiny
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Sec. 13.14.160. Extension of compliance date.
A. The fire chief may grant an extension of time for
compliance with any notice or order whether pending or final,
upon finding that substantial progress toward compliance has been
made and that the public will not be adversely affected by the
extension.
B. An extension of time may be revoked by the fire chief
if it is shown that the conditions at the time the extension was
granted have changed, if the fire chief determines that a party
is not performing corrective actions as agreed, or if the
extension creates an adverse effect on the public. The date of
revocation shall then be considered as the compliance date.
10
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I -
Sec. 13.14.160. Extension of compliance date.
A. The fire chief may grant an extension of time for
compliance with any notice or order whether pending or final,
upon finding that substantial progress toward compliance has been
made and that the public will not be adversely affected by the
extension.
B. An extension of time may be revoked by the fire chief
if it is shown that the conditions at the time the extension was
granted have changed, if the fire chief determines that a party
is not performing corrective actions as agreed, or if the
extension creates an adverse effect on the public. The date of
revocation shall then be considered as the compliance date.
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Sec. 13.14.200. Violations.
A. It shall be unlawful to fail to comply with a notice of
violation, final order, stop use order or condemnation tag issued
pursuant to this title.
B. It shall be unlawful to remove or deface any sign,
notice, complaint or order required by or posted by the fire
chief in accordance with his enforcement duties under this title.
C. It shall be unlawful for any person to obstruct, impede
or interfere with any lawful attempt to correct a violation or
comply with any notice of violation, final order, stop use order
or condemnation tag.
D. It shall be unlawful for any person to fail to comply
with an emergency order issued by the fire chief requiring that
the building, dwelling unit and/or premises be restored to a
condition of safety by a specified time.
E. It shall be unlawful for any person to use or occupy,
or to cause or permit any person to use or occupy the building,
dwelling unit and/or premises after the date provided in an
emergency order requiring the building, dwelling unit and/or
premises to be vacated and closed, until the fire chief certifies
that the conditions described in the emergency order have been
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corrected and the building, dwelling unit and/or premises have
been restored to a safe condition.
- -- --- ----- - - - --- --
-- -- -- -- --
arre'e•tian of tite
That
yielati
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arre'e•tian of tite
That
yielati
n oras
eemmeneed
.
to—ebneeessary fflaterialse
,
12
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jSec. 13.14.240. eriminal penaities. Violation -penalty.
A_. Civil Any violation of any provision of this chapter
constitutes a civil violation under Kent City Code Chapter 1.04
for which a monetary penalty may be assessed and abatement may be
required and/or otherwise enforced as provided therein.
A,—..B Criminal In addition or as an alternative to any
other penalty provided in this chapter or by law. Aany person
violating the following provisions shall be deemed guilty of a
misdemeanor and, upon conviction thereof, shall be punished in
;accordance with the provisions of section 1.01.140 relating to
criminal penalties for misdemeanors- for:
1. Violations of section 13.14.200 B.;
2. Violations of section 13.14.200 D. and E. where
,the person has had a civil judgment under section 13.14.220 or
H any of its predecessors rendered against him during the last five
i ( 5 ) years;
3. Fei- Aany pattern or wilful, intentional, or bad
faith or refusal to comply with the standards or requirements of
:t e fire codes the elci y ter;
j 4. Fer Aany other violation of the fire code$ for
which corrective action is not possible.
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I
B. Each day that anyone shall continue to violate or fail
to comply with any of the foregoing provisions shall be
considered a separate offense.
k�Sec. 13.14.260. Additional relief.
The fire chief may seek legal or equitable relief to enjoin
j�any acts and practices and abate any condition which constitutes
or will constitute a violation of the fire codes when civil or
°criminal penalties are inadequate to effect compliance. Nothing
i
in this chapter shall be deemed to limit or preclude any other
i
;action or proceeding relating to the enforcement of the fire
i!
codes pursidant
i!Bdilelinge, aelapbeel in aeetien 956. 94:9—
`I SECTION 2. Severability. If any section, sentence,
s
;clause or phrase of this ordinance should be held to be invalid
11 �j
or unconstitutional by a court of competent jurisdiction, such
I�
invalidity or unconstitutionality shall not affect the validity
ii
k or constitutionality of any other section, sentence, clause or
phrase of this ordinance.
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SECTION 3. Effective Date. This ordinance shall
take effect and be in force thirty (30) days from and after its
passage, approval and publication as provided by law.
ATTEST:
BRENDA JACOBZK, CJTY CLERK
APPROVED AS TO FORM:
r
ROGA A. LUBOV I CH , CITY ATTORNtrY-
PASSED day of 1994.
APPROVED day of 1994.
PUBLISHED day of 1994.
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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.
enforce.ord
(SEAL)
BRENDA JACO qR,ITY CLERK
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