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Home My WebLink About3130Ordinance No. 3130 (Amending or Repealing Ordinances) CFN=205 — Uniform Building Codes Passed — 9/7/1993 Amending Ch. 14.08 — Enforcement of the Building, Housing, Mechanical and Plumbing Codes Amended by Ord. 3178 Amended by Ord. 3690 Amended by Ord. 3880 ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, amending Chapter 14.08 of the Kent City Code, relating to enforcement of the Building, Housing, Mechanical and Plumbing Codes, providing civil penalties, abatement procedures and collection of any necessary costs by the City. THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Chapter 14.08 of the Kent City Code is amended to read as follows: CHAPTER 14.08 ENFORCEMENT OF THE BUILDING, HOUSING, MECHANICAL AND PLUMBING CODES Sec. 14.08.010. DEFINITIONS. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: "Building, housing, mechanical and plumbing codes" mean any or all of the building, housing, mechanical and plumbing codes, as duly adopted by the city. "Building official" means the building official of the city and/or the building official's duly authorized representative. "Premises" means a plot of ground, whether occupied by a structure or not. Sec. 14.08.040. ADMINISTRATION AND ENFORCEMENT. A. It shall be the duty of the building official to enforce the building, housing, mechanical and plumbing codes in the manner generally described in each of the respective codes, and as more particularly described in this chapter. The building official may call upon the police, fire 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 applicable code requirements upon the owner, occupier or other person responsible for the condition of the buildings, structures, dwelling units or premises within the scope of the applicable codes. C. In case of conflict between the applicable codes or chapter 14.01 and this chapter, this chapter shall be controlling. Sec. 14.08.060. INVESTIGATION AND NOTICE OF VIOLATION. A. The building official or his representative shall investigate any building, structure, dwelling unit or premises which the building official reasonably believes does not comply with the standards and requirements of the building, housing, mechanical or plumbing code. B. If, after investigation, the building official determines that the (( )) standards or requirements have been violated, the building official ((shawl)) may seek compliance and serve a notice of violation on the owner, tenant or other person responsible for the condition and/or otherwise enforce pursuant to this chapter and Section 14.08.240 below. If a notice of violation is directed to a tenant or other person responsible for the violation, a copy of the notice shall be sent to the owner of the property. 2 dwelling unit a / premisesby gersenrl ---.iee, -registered mail- er eertifled mail with return reeeipt requested, addresBe te the r " netlee upen sueh p j I. pubjishing-the be ..,.. a.. auuu netiee L.. ones-eaehwee3. fee twe eus p3:aee en the F. Nething in this unless seetienbe pesting deemed the netlee is net to l ;mit er t,�-r',r-�-r e�eete�4�8 to the Unifer-f.—cede—rem--the --Abatement 2 —e 0 , e e ' pursuant ?—Gerreee-lerre ! errers, eLa u - stated and fe_ - ___ ___ bl _ eempensatient b. Preef ethe —avail -ability -ef- f;...auaa...„e.,l r Sec. 14.08.100. STOP WORK ORDER. The building official may issue a stop work order as described in any applicable code or may issue such order whenever a continuing violation of the applicable code will materially impair the building official's ability to secure compliance, or when a continuing violation threatens the health or safety of the public. Sec. 14.08.120. EMERGENCY ORDER. A. Whenever any building, dwelling unit and/or premises which violates the applicable code threatens the health and safety of the occupants of the building, dwelling unit, premises or any member of the public, the building official may issue an emergency order requiring that the building, dwelling 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 5 the legal preregatives ef landlerds S. Any ether and tenants? eireufastanees and beyond the eentrel the respensible party. B. Unless —a request fer review of the ne ' eer the netlee er erder shall be reeerds and , emeept t t file f the et ri d -i reet ed--ew te prelims) ) filed with the that the building a if eeunty department effieial may the terder—is ef eheese Sec. 14.08.100. STOP WORK ORDER. The building official may issue a stop work order as described in any applicable code or may issue such order whenever a continuing violation of the applicable code will materially impair the building official's ability to secure compliance, or when a continuing violation threatens the health or safety of the public. Sec. 14.08.120. EMERGENCY ORDER. A. Whenever any building, dwelling unit and/or premises which violates the applicable code threatens the health and safety of the occupants of the building, dwelling unit, premises or any member of the public, the building official may issue an emergency order requiring that the building, dwelling 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 5 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 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 building official 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 building official in the manner provided by law. `t by (15) days ef dee-14-r-98.14-9. REVIEW BY THE BUILDING �1 L+LT /STTT }issued— fifteen day of the A. anypersen 7 the netiee by after armee- f 7 . a bif requesting the netiee. netiee sueh review When t i -within the last heliday, the peried shall run until 5:09 p.m. en the next business day. The request shall be in writing, and upen reeeipt ef the request, the building effielal shall netify any persens served t netree-ez vielatien andthe -eempla= n} , if any, ef the date, time and plaee set fer the review, whieh shall be net less than te.n. I (10) , ner mere than twenty (2G) days after the request i - ------- . The building effielal may, upen geed eause, pestpene the ate set €ems -a review, if all gens ems--sret-,o=ed with t''netiee e f vielatien 2 the build-ing effieial, sueh as the assistant fire eharge 1 1„ explanatien shall be given ef the reasens r will attend. An fer the building attending. -i t er after the reviewthe r i• ; l a;eff ' ..l erhis be mailed egg , first elass mail + the ia ��u e„ vthe / if / and 7,� fii'GaR with Che Bounty department the eWh.. d.� uiaa 1} • required to file the final: erder withthe department net - n e f lGV Sec. 14.08.160. EXTENSION OF COMPLIANCE DATE. A. The building official 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 building official if it is shown that the conditions at the time the extension was granted have changed, if the building official 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. Sec. 14.08.200. VIOLATIONS. A. It shall be unlawful to fail to comply with a notice of violation, final order or stop work order issued pursuant to this chapter or the applicable code. B. It shall be unlawful to remove or deface any sign, notice, complaint or order required by or posted by the building official in accordance with his enforcement duties under the applicable code and this chapter. 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, emergency order or stop work order. D. It shall be unlawful for any person to fail to comply with an emergency order issued by the building official 8 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 building official certifies that the conditions described in the emergency order have been corrected and the building, dwelling unit and/or premises have been restored to a safe condition. 7 - 1J - , h vuvrrg,scTha subjeet eemplianee erder. . zrrei7 —er—pxumbilej eede-6rthis te—a--eufaulative--penalty in tint!! the eerreetiens eha. the—ameunt e f are Faade as deseribed ter shall three h,,..dre in be the eell�eet„ed- building ef ,..� a,� The —penaltz �,, 7,� y� Fby GT;�etieST-breught ef€ie ..l shall net ' a. the • any persen d--�yy�--this s e in the name—af ; ty ..ha -erne penalty, and the i =asha l the—eity writing ng e f J eity atterney be The thename h l l e ' th t �T �t-armee a€—��e ' 1 d' —��g FF; e -.l take G.Thevielater may spew as full e of liability: I. That the vieleon gii.-Mi se e the aetien 7 -2. T i }•-en ef the vieiatien waseeffaen the-'e'ent--e-' e1 the . el ..ter. ) ) Sec. 14.08.240. /'•RIMINAT PENA TIESs 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. ((A))any person' violating the following provisions shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punishable in accordance with the provisions of section 1.01.140 relating to criminal penalties for misdemeanors. 1. Violations of section 14.08.200 B.; 2. Violations of section 14.08.200 D. and E., where the person has had a civil judgment under section 14.08.220 or any of its predecessors rendered against him during the last five (5) years; 3. For any pattern of wilful, intentional, or bad faith or refusal to comply with the standards or requirements of this chapter; 4. For any other violation of the building, housing, mechanical or plumbing code for which corrective action is not possible. 10 C. Each day that anyone shall continue to violate or fail to comply with any of the foregoing provisions shall be considered a separate offense. Sec. 14.08.260. ADDITIONAL RELIEF. The building official may seek legal or equitable relief to enjoin any acts and practices and abate any condition which constitutes or will constitute a violation of the building, housing, mechanical or plumbing code when civil or criminal penalties are inadequate to effect compliance. Nothing in this chapter shall be deemed to limit or preclude any action or proceeding pursuant to the Uniform Code for the Abatement of Dangerous Buildings adopted in section 14.06.010. Section 2. SEVERABILITY. If any one or more sections, subsections or sentences of this chapter are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this chapter and the same shall remain in full force and effect. section 3. Effective Da e. This ordinance shall take effect and be in force thirty (30) d s after its passage, approval and publication. ATTEST: BRENDA JACO$EA, (CITY CLERK 11 DAN K\ELLEHER, MAYVH • _lue • : U �:O - �. PASSED the r day of APPROVED the 4 day of PUBLISHED the -L6-) day of , 1993. , 1993. , 1993. I hereby certify that this is a true and correct copy of Ordinance No. 0 , passed by the City Council of the City of Kent, Washington, and approved by the Mayor of the City of Kent as hereon indicated. bldcode.ord BRENDA JA90 12 CITY CLERK ( SEAL)