HomeMy WebLinkAbout3055Ordinance No. 3055
["Beginning July 1, 1998"]
(Amending or Repealing Ordinances)
Repeal Ch. 13.14 by Ord. 3691
No. 3 U -5 5
AN ORDINANCE of the City of Kent,
Washington, relating to Fire Code en-
forcement, adding a new Chapter 13.14
on enforcement, providing both civil
and criminal penalties for violations;
and repealing Section 13.10.010 of the
Kent City Code.
WHEREAS, the Kent Fire Code (adopted by the City of Kent
under 13.02.010, Ordinance 2920) presently contains abbreviated
procedures for the enforcement of Code violations and makes such
violations a criminal offense; and
WHEREAS, other cities have adopted civil penalties for
Code violations and have found that imposition of a monetary
penalty allows recovery of administrative costs of enforcement and
lis often an incentive to prompt compliance; and
WHEREAS, a change to civil from criminal penalties for
some violations would also make prosecution of these violations
more effective, since "knowing and wilful" commission of a
violation is necessary to obtain a criminal conviction; NOW,
THEREFORE,
THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES
HEREBY ORDAIN AS FOLLOWS:
Section 1. Kent City Code (K.C.C.) Chapter 13.10
(Section 4 of Ordinance 2663) is hereby repealed.
section 2. The Kent City Code is hereby amended to add
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the following new Chapter 13.14:
CHAPTER 13.14
ENFORCEMENT OF TITLE 13
13.14.020. scope. This Chapter shall govern enforcement
actions conducted by the Kent Fire Chief pursuant to Title 13 of
the Kent City Code, which includes the Uniform Fire Code (as
adopted by K.C.C. Section 13.02.010).
13.14.040. Administration and Enforcement.
A. It shall be the duty of the Fire Chief to enforce
Title 13 in the manner generally described therein, in the Fire
Code, and as more particularly described in this Chapter. 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 its requirements upon the owner,
occupier or other person responsible for the condition of the
buildings, structures, dwelling units or premises within the scope
of Title 13.
C. In case of conflict between the enforcement
j procedures in the Fire Code and this Chapter, this Chapter shall be
;controlling.
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13.14.060. Investigation and Notice of Violation.
A. The Fire Chief or his/her 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 Title 13.
B. If, after investigation, the Fire Chief determines
that the Code standards or requirements have been violated, the
Fire Chief shall serve a Notice of Violation on the owner, tenant,
or other person responsible for the condition. 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.
C. The Notice of Violation shall state separately each
standard or requirement violated, shall state what corrective
action, if any, is necessary to comply with the standards or
requirements; and shall set a reasonable time for compliance. The
Notice shall state that any subsequent violations of Title 13 may
result in criminal prosecution as provided in Section 13.14.240
,herein.
D. The Notice shall be served upon the owner, tenant or
other person responsible for the condition of the building,
dwelling unit and/or premises by personal service, registered mail,
or certified mail with return receipt requested, addressed to the
last known address of such person. After a reasonable search and
reasonable efforts are made to obtain service, if the whereabouts
of the person(s) is unknown or service cannot be accomplished and
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the Fire Chief makes an affidavit to that effect, then service of
the Notice upon such person(s) may be made by:
1. Publishing the Notice once each week for two
(2) consecutive weeks in the City's Official Newspaper; and
2. Mailing a copy of the Notice to each person
named on the Notice of Violation by first class mail to the last 1
known address if known, or if unknown, to the address of the
property involved in the proceedings.
E. A copy of the Notice shall be posted at a
conspicuous place on the premises, unless posting the Notice is not
physically possible.
F. Nothing in this Section shall be deemed to limit or
preclude any action or proceeding pursuant to a Stop Use Order
issued pursuant to Section ((2.264)) 2.205 of the Uniform Fire i
Code; an Emergency Order issued pursuant to Section 13.14.120
herein; a Condemnation Tag issued pursuant to Section ((2.294))
2.205 of the Uniform Fire Code, or an action pursuant to the
Uniform Code for the Abatement of Dangerous Buildings in order to
abate a nuisance.
G. The Fire Chief may mail, or cause to be delivered to
all residential and/or nonresidential rental units in the
structure, or post at a conspicuous place on the premises, a notice
which informs each recipient or resident about the Notice of
Violation, Stop Use Order, Condemnation Tag or Emergency Order and
the applicable requirements and procedures.
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violation.
H. A Notice may be amended at any time in order to:
1. Correct clerical errors, or
2. Cite additional authority for a stated
13.14.080. Time to Comply.
A. When calculating a reasonable time for compliance,
the Fire Chief shall consider the following criteria:
1. The type and degree of violation cited in the
Notice;
2. The responsible party's demonstrated intent to
repair, demolish or vacate and close the building, as evidenced by:
a) a signed construction contract with a
licensed contractor to perform the required work by a specific date j
and for reasonable compensation;
b) proof of the availability of financial
resources to perform the required work with such funds placed in a
segregated account to be used only for required repairs or a
binding commitment from an established lending institution
(providing sufficient funds to complete the required repairs; or
C) the filing of a complete application for
a permit to perform the required work and evidence of payment of
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any required fees.
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3. The procedural requirements for obtaining any
required permit to carry out corrective action;
4. The complexity of the corrective action,
including seasonal considerations, construction requirements and
the legal prerogatives of landlords and tenants; and
5. Any other circumstances beyond the control of
the responsible party.
B. Unless a request for a review of the Notice of
Violation is made in accordance with Section 13.14.140 herein, the
Notice shall become the Final Order of the Fire Chief. A copy of
the Notice or Order shall be filed with the King County Department
of Records and Elections, except that the Fire Chief may choose not
to file a copy of the Notice or Order if the Notice or Order is
directed only to a responsible person other than the owner of the
property.
13.14.100. Stop Use Order. The Fire Chief may issue a
Stop Use Order as described in Section ((2.204)) 2.205 of the
Uniform Fire Code, or may issue such Order whenever a continuing
violation of Title 13 will materially impair the Fire Chief's
ability to secure compliance, or when a continuing violation
threatens the health or safety of the public.
13.14.120. Emergency Order.
A. Whenever any building, use, dwelling unit and/or
premises which violates Title 13 threatens the health and safety of
the occupants of the building, dwelling unit, premises or any
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member of the public, the Fire Chief 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
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 Fire Chief is authorized to abate by such means
and with such assistance as may be available to him/her, and the
costs thereof shall be recovered by the Fire Chief in the manner
provided by law.
13.14.140. Review by the Fire Chief.
A. Any person aggrieved by a Notice of Violation issued
by the Fire Chief pursuant to Section 13.14.060 herein may obtain
a review of the Notice by requesting such review within fifteen
(15) days after service of the Notice. When the last day of the
period so computed is a Saturday, Sunday or federal or City
holiday, the period shall run until five p.m. (5:00 p.m.) on the
next business day. The request shall be in writing, and upon
receipt of the request, the Fire Chief shall notify any persons
served the Notice of Violation and the complainant, if any, of the
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date, time and place set for the review, which shall be not less
than ten (10), nor more than twenty (20) days after the request is
received. The Fire Chief may, upon good cause, postpone the date
set for a review, if all persons served with the Notice of
Violation agree to such postponement. Before the date set for
review, a person significantly affected by the Notice of Violation
may submit any written material to the Fire Chief for consideration
at the review.
B. The review will consist of an informal meeting held
in the Code Enforcement Division offices. A representative of the
Fire Chief, such as the Assistant Fire Chief in charge of the
City's Code Enforcement Division, will attend. An explanation will
be given of the reasons for the Fire Chief's issuance of the Notice
and the representative will listen to any additional information
presented by the persons attending. At or after the review, the
Fire Chief or this representative may:
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1. Sustain the Notice of Violation;
2. Withdraw the Notice of Violation;
3. Continue the review to a date certain for
receipt of additional information; or
4. Modify the Notice of Violation, which may
include an extension of the compliance date.
C. The Fire Chief shall issue a Final Order containing
the decision within seven (7) working days of the date of the
completion of the review and shall cause the same to be mailed by
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regular, first class mail to the person or persons named on the
Notice of Violation, mailed to the complainant, if possible, and
filed with the King County Department of Records and Elections.
When the decision affects only a tenant or tenants, the Fire Chief
is not required to file the Final Order with the King County
Department of Records and Elections.
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
jChief if it is shown that the conditions at the time the extension
was granted have changed, if the Fire Chief determines that a party
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is not performing corrective actions as agreed, or if the extension
yicreates an adverse effect on the public. The date of revocation j
shall then then be considered as the compliance date.
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13.14.180. Appeals to Superior Court. Any appeal of a
Final Order issued by the Fire Chief pursuant to this Chapter must
be filed in the King County Superior Court within thirty (30) days
of issuance of such order. There shall be no appeal of a Notice of
Violation if no request for review has been made pursuant to
Section 13.14.140.
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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 Title 13.
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/her enforcement duties under Title 13. j
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
for 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
corrected and the building, dwelling unit and/or premises have been
restored to a safe condition.
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13.14.220. Civil Penalty.
A. In addition to any other sanction or remedial
procedure which may be available, any person violating or failing
to comply with any of the provisions of Title 13 shall be subject
to a cumulative penalty in the amount of three hundred dollars
($300.00) per day for each violation from the date set for
compliance until the corrections are made as described in the
Order.
B. The penalty imposed by this section shall be
collected by civil action brought in the name of the City. The
Fire Chief shall notify the City Attorney in writing of the name of
any person subject to the penalty, and the City Attorney shall,
with the assistance of the Fire Chief, take appropriate action to
'collect the penalty.
C. The violator may show as full or partial mitigation
of liability:
1. That the violation giving rise to the action
was caused by the wilful act, or neglect, or abuse of another; or
2. That correction of the violation was commenced
promptly upon receipt of the Notice thereof, but that full
compliance within the time specified was prevented by inability to
obtain necessary materials or labor, inability to gain access to
the subject structure, or other condition or circumstance beyond
the control of the violator.
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13.14.240. Criminal Penalties.
A. Any person, firm or corporation violating the
following provisions shall be deemed guilty of a misdemeanor and,
(upon conviction thereof, shall be punished in accordance with the
provisions of K.C.C. Section 1.02.020 (Ordinance 3013) relating to
criminal penalties for misdemeanors.
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 any of its predecessors rendered against him or her 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 Fire Code for
which corrective action is not possible.
B. Each day that anyone shall continue to violate or
$fail to comply with any of the foregoing provisions shall be
lconsidered a separate offense.
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13.14.260. Additional Relief. The Fire Chief may seek
j legal or equitable relief to enjoin any acts and practices and
'abate any condition which constitutes or will constitute a
(violation of the Codes when civil or criminal penalties are
kinadequate to effect compliance. Nothing in this ordinance shall
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be deemed to limit or preclude any action or proceeding pursuant to
the Uniform Code for the Abatement of Dangerous Buildings, K.C.C.
Chapter 14.10.
Section 3. Severability. The provisions of this
ordinance are declared to be separate and severable. The
i'invalidity of any clause, sentence, paragraph, subdivision, section
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or portion of this ordinance, or the invalidity of the application
thereof to any person or circumstance shall not affect the validity
of the remainder of this ordinance, or the validity of its
iapplication to other persons or circumstances.
Section 4. Effective Date. This ordinance shall take
effect and be in force thirty (30) days from the time of its final
passage as provided by law.
DAN KELLEHER, MAYOR
ATTEST:
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BRENDA JACOBER"'I I Y CLERK
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PASSED the day of l 1992•
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APPROVED the day of-' 1992.
1992.
PUBLISHED the 1 day of
I hereby certify that this is a true copy of Ordinance
No. '`;/ L. passed by the City Council of the City of Kent,
Washington, and approved by the Mayor of the City of Kent as hereon
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indicated.
civil.ord
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BRENDA JACO R, CITY CLERK