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Ordinance No. 00469

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City Council meeting minutes of Jan 22 2008

ORDINANCE NO. 469

AN ORDINANCE of the City Council of the City of Lakewood, Washington, amending Lakewood Municipal Code sections 15A.32.052 and 15A.32.060.

WHEREAS, in Lakewood Municipal Code Title15A the City Council of the City of Lakewood has adopted by reference uniform and international codes applicable to housing, building standards, property maintenance, fire safety and the abatement of dangerous buildings; and,

WHEREAS, these uniform and international codes set minimum standards for building safety and habitability and were adopted to protect the public health, safety and welfare; and,

WHEREAS, it is appropriate in some situations to charge criminal offenses stemming from violations of the 1997 edition of the Uniform Code for the Abatement of Dangerous Buildings, particularly to discourage persons from entering or remaining within a building or structure that has been found dangerous, and violations of the Uniform Plumbing Code; and,

WHEREAS, it is further appropriate to allow flexibility in the setting of times for appeal, given the number of uniform and international codes the City has adopted and the need for compliance with procedural standards.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKEWOOD, WASHINGTON, DO ORDAIN as follows:

Section 1. That section 15A.32.052 of the Lakewood Municipal Code is hereby amended, as follows:

15A.32.052 - Penalties

A.Any violation of the provisions of the International Building Code, International Fire Code, International Mechanical Code, International Residential Code, International Fuel Gas Code, International Existing Building Code, or International Property Maintenance Code Uniform Plumbing Code or the 1997 edition of the Uniform Code for the Abatement of Dangerous Buildings is a misdemeanor, punishable by imprisonment in jail for a term of up to ninety (90) days, by a fine of up to one thousand dollars ($1,000), or by both such imprisonment and fine.

B.Any violation of the International Property Maintenance Code shall be punishable as a civil infraction with a penalty of up to two hundred and fifty dollars ($250), provided that the penalty for a second or subsequent violation within a two year period to the same individual shall be a civil penalty of up to five hundred dollars ($500).

Section 2. That section 15A.32.060 of the Lakewood Municipal Code is hereby amended, as follows:

15A.32.060 - Appeals

A. Authority and Limitations. Wherever in the International Codes or uniform codes adopted by reference in this title reference is made to the Board of Appeals, it shall refer, instead, to the City's Hearing Examiner. The Hearing Examiner shall be authorized to hear and decide appeals of orders, decisions or determinations made by the Building Official relative to the application and interpretation of the International Codes and the other codes adopted in this title. The Hearing Examiner shall have no authority relative to interpretation of the administrative provisions of the International Codes and other codes adopted in this title, nor shall the Hearing Examiner be empowered to waive requirements of these codes. The rules of procedure otherwise applicable to the Hearing Examiner shall apply to issues coming before the Hearing Examiner by reason of this authorization. The Hearing Examiner shall have no authority relative to the interpretation of the administrative provisions contained in Chapter 1 of the International Building Code, Chapter 1, of the International Residential Code, Chapter 1of the International Mechanical Code, Part 1 of the Uniform Plumbing Code, Chapter 1 and 11 of Washington State Energy Code and Chapter 1 of the Ventilation and Indoor Air Quality Code. Nor shall the Hearing Examiner be empowered to waive requirements of the building and construction codes adopted by this Ordinance.

B.Appeal process. Any person or party directly aggrieved by a decision or order of the person designated as the Building Official for the City of Lakewood, in such person's application of the codes adopted by this Ordinance, may appeal to the Hearing Examiner by filing a notice of appeal, together with a non-refundable fee, with the City Clerk. Appeals must be filed within the time periods set forth within the applicable uniform or international code, but if no such time period is provided the appeals must be filed within twenty (20) calendar days of the written decision or order being appealed. The appeal fee shall be the amount set forth in the adopted Master fee Schedule.

C.The Hearing Examiner shall thereafter schedule a hearing on the appeal within ninety (90) days of the notice of appeal. It is provided, however, that continuances may be granted to the appellant or to any other party in interest in the discretion of the Hearing Examiner. The Hearing Examiner shall render its decision on the appeal within thirty (30) days after the hearing. The Hearing Examiner shall adopt reasonable rules of procedure for conducting its hearings if procedures provided in the City Code are not adequate to address International Code appeals. Copies of all decisions of the Hearing Examiner shall be provided to the appealing party and to the City Clerk, the Building Official and the City Attorney.

D. Further Appeal to Superior Court. When any party to a Hearing Examiner hearing feels aggrieved by any final order of the Hearing Examiner stemming from an appeal to the Hearing Examiner, as provided for hereinabove, the party may bring an action appealing or challenging the decision of the Hearing Examiner to the Superior Court of Pierce County within twenty (20) days of the written decision of the Hearing Examiner.

Section 3. Severability. If any section, sentence, clause or phrase of this ordinance shall be held to be invalid or unconstitutional by a court of competent jurisdiction, such validity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this ordinance.

Section 4. Effective Date. This Ordinance shall be in full force and effect five (5) days after publication of this Ordinance or a summary thereof in the official newspaper of the City as provided by law.

ADOPTED by the City Council this 22nd day of January, 2008.

___________________________

Douglas G. Richardson, Mayor

Attest:

_____________________________

Alice. M. Bush, MMC, City Clerk

___________________________________

Michael McKenzie, Acting City Attorney