HomeMy WebLinkAbout3622Ordinance No. 3622
(Amending or Repealing Ordinances)
CFN=205 - Uniform Building Codes
Passed 10/1/2002
Building Code Appeals - Section 14.01.080
Amends Ord. 3415
Amended by Ord. 3690 (rev Sec 14.01.060 to 14.01.080)
Amended by Ord. 3701;3956
ORDINANCE NO. 3619,a
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
City Code adopting various Washington State and uniform building codes; and
WHEREAS, the City Council desires to amend section 14.01.080 of the
City Code to provide for a more effective and efficient appeal process relating to
code permit appeals; NOW THEREFORE,
THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON,
ES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. — Amendment. Section 14.01.080 of the Kent City Code
tled, "Appeals," is amended as follows:
Sec. 14.01.080. Appeals.
Appeals to the hearing examiner.
1. Jurisdiction. In order to hear and decide appeals of orders, decisions or
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,
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. Fihng. Appeals shall be filed with the hearing examiner by five (5.00)
p.m. of the fourteenth (14th) 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 filing fee. Specific objections to the building official's decision and the
relief sought shall be stated in the written appeal.
3. Standing. Standing to 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 Code Appeals
Section 14. v1.060
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 the land use decision; and
3. The appellant has exhausted his or her administrative
remedies to the extent required by law.
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 twenty-one (21) calendar days of the hearing examiner's
decision, an appeal is filed with the superior court. When the last day of the appeal
run until the next business day.
SECTION 2. — Savin s. The existing section 14.01.080 of the Kent
Code, which is amended this ordinance, shall remain in full force and effect until
effective date of this ordinance.
SECTION 3. — Severability. If any one or more section, subsections, or
of this Ordinance are held to be unconstitutional or invalid, such decision
not affect the validity of the remaining portion of this ordinance and the same
remain in full force and effect.
SECTION 4. — Effective Date. This ordinance shall take effect and be
force thirty (30) days from and after passage as provided by law.
3 Building Code Appeals
Section 14.01.080
ATTEST:
BRENDA JACOBER/VITY CLERK
i to r
APPROVED AS TO FORM: to
log1 bd�Od a 0'�
,
11-t U.1-Ak r5z,,6 ) I%, 0�
TOM BRUBAKER, CITY ATTORNEY
ASSED: day of C� , 2002.
JPPROVED: day of C1��✓�� , 2002.
UBLISHED: day of , 2002.
I hereby certify that this is a true copy of Ordinance No. 1A zz
by the City Council of the City of Kent, Washington, and approved by the
of the City of Kent as hereon indicated.
\0vil\0rdma ce\14 01 080Appeals doc
4e,-C-�,SEAL)
BRENDA JACOBE , CITY CLERK
4 Building Code Appeals
Section 14.01.080