HomeMy WebLinkAboutReg 2004-08-16 Item 5C - Ordinance - 2003 International Property Maintenance Code COUNCILAGENDASYNOPSIS
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Meeting Date Prepared byMayor's revie~ Council review
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ITEM INFORMATION
CAS NUMBER: 04-073 I ORIGINAL AGENDA DATE:
AGENDA ITEM TITLE 2003 International Properb/Maintenance Code
;ATeGOe. Y [] Discussion [] Motion [] Resolution [] Ordinance [] Bid Award [] Public Hearing [] Other
Mtg Date Mtg Date Mtg Date Mtg Date 8/'2/04 Mtg Date Mtg Date Mtg Date
SPONSOR [] Council [] Mayor
[],tdmSvc$ [5~DCD []Finance []lire ~lLegal []P&R [-]Police []PW
SrONSO~'S Proposal to adopt the 1003 International Property Maintenance Code and review
SUMMtmY draft ordinance.
REVIEWED BY [] COW Mtg. [] CA&P Crate [] F&S Cmte [] Transportation Crate
[] Utilities Crate [] Arts Comm. [] Parks Comm. [] Planning Comm.
DATE: 7/12/04
RECOMMENDATIONS:
SPONSOR/ADMIN. DCD - Review draft ord. & adopt
COMm'r'reE Same as sponsor
ICOST IMPACT / FUND SOURCEI,
EXPENDITURB REQUlltED AMOUNT BUDGETED APPROPRIATION REQUIRED
Sn/a $ $
Fund Source:
Comments:
MTG. DATE RECORD OF COUNCIL ACTION
5/24/04 COW Review; remanded to CA&P for additional discussion/review
7/:/2/04 COW Review; forwarded to Regular Council for adoption
MTG. DATE ATTACHMENTS
8/16/04 Memo from S. Lancaster dated 8/9/04 with one attachment
Ordi nance
' i City of Tukwila StevenM. Mullet, Mayor
'.. / Department of Community Development Steve Lancaster, Director
TO: Tukwila City Council
August 16, 2004 Regular Meeting ~
FROM: Steve Lancaster, irector epartment of Community eve opment
~Date: August 9, 2004
SUBJECT: International Property Maintenance Code
Background:
Adoption of the International Property Maintenance Code has been before you several
times over the past few months.
CAP 4/13/04 Forwarded to COW without recommendation
COW 5/24/04 Returned to CAP for further discussion
CAP 6/29/04 Forwarded to COW with recommendation for approval.
COW 7/12/04 Forwarded to Regular Council for additional discussion and approval
The International Building Code, Fire Code and Mechanical Code (all adopted by the
City effective Suly 1, 2004) were developed to work together to regulate the built
environment. The IPMC is &signed to work with these otker Intemational codes to
address conditions of existing buildings and their surrounding property. The IPMC
would replace all of the references to the Uniform Housing Code (TMC 16.06) and most
of the current nuisance ordinances contained in TMC 8.28.
Discussions have been held on specific regulations contained in the new code.
Comparisons have been made with the Housing Code and the various nuisance
ordinances contained in the TMC. See chart provided in 7/12/04 COW packet.
Changes/Comments
The following table addresses specific questions that arose at the July 12, COW meeting
and outlines the changes made to the draft ordinance before you today. Further
discussion may be needed for some of the items:
Memo to City Council for August 16, 2004 meeting Page 1
6300 Southcenter Boulevard, Suite #100 · Tukwila, Washington 98188 * Phone: 206-431-3670 ° Fax: 206-431-3665
Table of IPMC Changes and other Comments:
IPMC Section # Comment:
101.1 Title: Add "City of Tukwila"
Changed
102.3 Application of other codes. Delete last sentence "Nothing in this
Changed code shall be construed to cancel...International Zoning Code."
103 Department of Property Maintenance Inspection. References to
"Department of Property Maintenance" ,shall be deemed to mean
Changed "Code Enforcement Division"
103.5 Fees: Delete entire Fees section. The City does not currently
Changed charge a fee for code enforcement activities.
108.1.3 Structure unfit for human occupancy. There was discussion at
the COW meeting on July 12, 2004, *.o add "mold" or some such
Igeneric word to this paragraph. Lack of ventilation and excess
moisture creates conditions that are ideal for mold growth.
Not Changed Ventilation is addressed specifically in this paragraph and
throughout the document. The majority of common molds are not a
concern to people who are healthy. However, people who suffer
from allergies or asthma, have an immune suppression or an
underlying lung disease may be at increased risk for infection from
mold. Since the conditions that promote mold growth would be
eliminated or reduced by ventilation requirements and proper
maintenance, and since the cause of mold infestation is covered by
regulations on improper ventilation, it seems that the specific
addition of "mold" to this section is neither necessary nor perhaps
even wise.
108.2 Closing of Vacant Structures. Council may want to consider
changes to this section similar to City of SeaTac wherein vacant
Not changed structures cannot appear to be vacant. This could be discussed at a
later date as a separate ordinance.
111 Means of Appeal. Delete entire Section 111. Add Reference to
Changed TMC 8.45 Enforcement.
202 Definitions: "Code Official" is deemed to refer to the Building
Changed Official.
302.4 Weeds: First sentence "All premises and exterior property shall be
Changed .... 24 inches..."
303.2 Swimming Pools Spas and Hot Tubs: Enclosures
No change would be necessary, since per IPMC Section 102.1 the
more restrictive regulations would apply. However, for clarity's
sake the Council may want to change this section as follow:
Changed
"Private swimming pools, hot tubs and spas containing water more
than 24 inches in depth shall be completely surrounded by a fence
or barrier at least 60 inches in height..." The balance of this
section governing pools, spas, and hot tubs would remain in place
unchanged.
Memo to City Council for August 16, 2004 meeting Page 2
IPMC Section # Comment:
304.14 insect screens: "During the period from January 1 to December
Changed 31..."
The council could consider setting d:fferent dates, such as March 1
- October 30 for the requirement for screens.
The council also had questions about whether this section would
require screens on all door openings (front door, for example).
Not changed I IPMC 304.14 requires insect screens on. every d o, windo and
other outside opening required for ventilation of habitable
rooms..." The IBC (Section 1203.4) requires any habitable room
be ventilated by an opening equal to 4% of the floor area. In a
12'x12' living room, for instance, there must be ventilation
provided through either doors or windows of a minimum of 5.76
square feet (a 2x3 foot openable window would provide adequate
required ventilation.) The door, therefore, would not be needed as
required ventilation and would not be required to be screened.
503.3 Location of employee toilet facilities. The Building Official, Bob
Benedieto, has confirmed that the Mall currently eorrforms with
these requirements. Any new commercial construction will meet
Not changed these requirements. There are employee restroom facilities that the
general public is not aware of. Some of the smaller stores have
installed employee restroom facilities directly inside their spaces.
The kiosks are located in such a way that they also conform to
these requirements. This is not a eonceru.
602.3 Heat supply. First sentence should read: "Every owner and
Changed operator of any building who rents, leases or lets one. or more
dwelling unit...shall supply heat during the period from January 1
- December 31 ..." Addition of the dates is needed in this section.
602.4 Occupiable work spaces. First sentence should read: "Indoor
occupiable work spaces shall be supplied with heat during the
Changed period from January 1 to December 31 to maintain a temperature of
not less than 65 degrees F (18 degrees C) during the period the
spaces are occupied..." Addition of the dates is needed in this
section.
702.3 Locked doors. This agrees with the IBC Section 1008.1.8.3.4. and
Not Changed with the IFC 1008.1.8.
TMC 8.28.080 Potential Pest Harborage or Fire Danger states "Trash, litter,
IMPC 302.5 rags, ... which proves harborage for rats or which may be a fire
IFC 304.1 danger is declared to be a nuisance"
The harborage of rodents is addressed specifically in IPMC 302.5.
Not Changed The exterior fire danger is addressed in the IFC 304.1 as it relates to
waste accumulation.
TMC 8.28.130 Burning in an Annoying Manner it addressed in IFC 307.2.2
IFC 307.2.2 Open burning.
Not Changed
Chapter 8 Referenced Standards
Delete references to ICC Electrical Code, International Plumbing
Changed Code and International Zoning Code.
Memo to City Council for August 16, 2004 meeting Page 3
As part of the review process, the IPMC Chapter I Administration was carefully
reviewed for any conflicts with previously adopted regulations contained in TMC
Chapter 8.45 Enforcement (Attachment A). The procedures outlined in Sections 106
(Violations) and 107 (Notices and Order) are congment with the current methods
established.
An additional provision in the proposed ordinance gives the city the option to be
reimbursed for abatement costs by attaching a lien against the property taxes. This is
similar to the provision in the recently adopted Junk Vehicle ordinance and will make it
easier for the city to more promptly be reimbursed for any costs should we need to abate
the nuisance. This process requires several hearings and other legal processes and is only
used in the most serious cases.
Summary
· The IPMC is designed to work hand-in-hand with thc newly adopted Building Codes.
· Other nearby cities which have or are about to adopt thc IPMC are, SeaTac, Buricn,
Des Moines, Federal Way, and Covington. Tukwila would not be out of step with
their neighboring cities.
· The actual differences between the currently used Uniform Housing Code and the
new 2003 International Property Maintenance Code are relatively minor. The intent
of each is to provide minimum standards for ensuring the safety of existing buildings.
· It is staff's recommendation that the City adopt the IPMC, deleting most of our
eurren! nuisance ordinances contained in TMC 8.28 and deleting references to the
UHC in TMC 16.06.
Next Step
The City Council can adopt the Intemational Property Maintenance Code ordinance as
revised and presented, or suggest changes to the draft ordinance to be presented at the
next regular meeting.
Attachments:
A: TMC Chapter 8.45 Enforcement
Memo to City Council for August 16, 2004 meeting Page 4
TUKWILA MUNICIPAL CODE
Chapter 8.45 3. Fail to comply with any of the require-
men[s of .an order to cease activity issued under this
ENFORCEMENT chapter or issued pursuant to authority provided in
other chapters of the Tukwila Municipal Code.
Sections: E. It is unlawful to:
1. Maintain, allow, permit or fail to prevent a
8.45.010 Purpose nuisance as defined in Tukwila Municipal Code
8.45.020 Scope Chapter 8.28 or as defined throughout the Tukwila
8.45.030 Violations Municipal Code; and
8.45.040 Enforcement 2. Fail to comply with any applicable provi-
8.45.050 Investigation, Civil Infraction Citations And sions of the Tukwila Municipal Code, including, but
Notices Of Violation
8.45.060 Time In Which To Comply not limited to, the regulations and requirements found
in the following sections of the Tukwila Municipal
8.45.070 Stop Work Orders.
8.45.080 Emergency Orders. Code, as now in effect or as may be amended
hereafter:
8.45.090 Appeal To Hearing Examiner TMC 5.04.115 .....Penalties.
8.45.100 Penalties 8.22.290 ..... Penalties.
8.28.260 .....Violation - Penalty.
8.45.010 Purpose 9.32.200 .....Penalties.
--The purpose of this chapter is to esiablish' an 9.44. t30.....Enforcement.
efficient process for enforcement of code violations. 11.22.220.. Violation - Penalties.
(Ord. 1838 §2(part), 1998) 13.08.120. Enforcement.
14.06.070.. Penalties.
8.45.020 Scope 14.16.110.. Penalty for violation.
The procedures set forth in this chapter shall be 16.04.020.. Uniform codes adopted.
utilized to enforce violations of the Tukwila Municipal 16.16.072.. Parking in fire lanes prohibited.
Code, as such violations are described within the 16.52.080.. Penalties for noncompliance.
Code, and as this chapter is referenced throughout the 16.54.300.. Penalties.
Code. 17.28.020.. Penalties.
(Ord. 1838 §2(part), 1998] 19.36.010.. Penalty for violations.
(Ord. 1838 §2[part), .1998)
8.45.030 Violations
A. It is unlawful for any person to initiate, 8.45.040 Enforcement
maintain, or cause to be initiated or maintained, the use A. The Code Enforcement Officer{s) is/are the
of any structure, land or property within the City person{si authorized by the Mayor to enforce the civil
without first obtaining the permits or authorizations provisions of the Tukwila Municipal Code.
required for the use by the applicable provisions of any B. The Code Enforcement Officer shall have the
of the Tukwila Municipal Code. responsibility for enforcement of this chapter.' The
B. It is unlawful for any person to use, construct, Code Enforcement Officer may call upon the police,
locate, demolish or cause to be used, constructed, fire, building, public works or other appropriate City
located, or demolished, any structure, land, or property departments to assist in enforcement. As used in this
within the City in any manner that is not permitted by chapter, "Code Enforcement Officer" shall also mean
the terms of any permit or authorization issued his or her duly authorized designee.
pursuant to the applicable provisions of the Tukwila C. This chapter shall be enforced for the benefit of
Municipal Code.' the health, safety, and welfare of the general public,
C. It is unlawful for any person to engage in or and not for the benefit of any particular person or class
conduct business within the City of Tukwila without of persons.
first obtaining apprOpriate business licensing. D. It is the intent of this chapter to place the
D. It is unlawful to: obligation for complying with its requirements upon
1. Remove or deface any sign, notice, the owner, ~occupier, tenant, manager, agent, or other
complaint or order required by or posted in accordance person responsible for the condition of land and
with this chapter; buildings situated within the City of Tukwila and
2. Misrepresent any material fact in any appli- within the scope of the Tukwila Municipal Code.
cation, plans, or other information submitted to obtain E. No provision or any term used in this ch'apter
any building or construction authorization; and, is intended to impose any duty upon the City or any of
its officers or employees which would subject them to
damages in a civil action.
ATTACHMENT A (Ord. 1838 §2(part), 1998)
Page 8--30 Printed May 2004
TITLE 8 - PUBLIC PEACE, MORALS AND SAFETY
8.45.050 Investigation, Civil Infraction Citations F. POSTING: A copy of the notice shall be posted
and Notices of Violation at a eonspicuous place on the property, unless posting
A. AUTHORITY: Upon presentation, of proper the notice is not physically possible.
credentials, the Code Enforcement Officer may, with G. AMENDMENT: A Notice of Violation may be
the consent of the owner or occupier of a building or amended at any time in order to:
premises enter at reasonable times any building or 1. Correct clerical errors; or
premises in order to perform the duties imposed by 2. Cite additional authority for a stated
this chapter, violation.
B. INVESTIGATION: The Code Enforcement (Ord. 1838 §2(part), 1998)
Officer shall investigate any structure or use which he
or she reasonably believes does not comply with the 8.45.060 Time 'in Which to Comply
applicable standards and requirements of the Tukwila A. CIVIL INFRACTION CITATIONS'. Civil infrac-
MUnicipal Code. tion citations will be issued and processed in accor-
C. CIVIL INFRACTION CITATION: If after dance with RCW 7.80, which is incorporated herein by
invasbgation, or after the complaint of residents or reference. The Tukwila Municipal Court shall have
others, the Code Enforcement Officer has probable jurisdiction over all civil infraction citations issued
cause to believe that the applicable standards or under this chapter.
requirements of the Tukwila Municipal Code have B. DETERMINATION OF TIME FOR COMPLI-
been violated, the Code Enforcement Officer may ANCE WITH NOTICES OF VIOLATION: Persons
.... issue a civil infraction citation in accordance with RCW ~'e~eiving a. Notice of Violation shall rectify the code
7.80~-whlch is incorporated herein by this reference, violations identified within the time period specified by
upon the owner, tenant, occupier, manager, agent, or the Code Enforcement Officer pursuant to TMC
other person responsible for the condition. 8.45.050C.
D. NOTICE OF VIOLATION: Alternatively, after C. ORDER BECOMES FINAL UNLESS
investigation, or based upon the complaint of residents APPEALED: Unless an appeal is filed with the Code
or others, the Code Enforcement Officer may serve a Enforcement Officer for hearing before the Hearing
· Examiner in accordance with TMC 8.45.090A, the
Notice of Violation upon the owner, tenant, occupier~ Notice of Violation shall become the final order of the
manager, agent, or other person responsible for the
condition. The Notice of Violation shall contain the Code Enforcement Officer. A copy of the notice may
following information: be filed and recorded with the King County Recorder.
'' .1. A statement of each.· standard, code (Ord. 1838§2(part), 19.98)
provision or requirement violated;
2. What corrective action, if any, is necessary 8.45.070 Stop Work Orders
to comply with the standards, code provision or ' Whenever a continuing violation of this Code will
materially impair the Code Enforcement Officer's
requirement; and, ability to secure compliance with this Code, or when
3. A reasonable time for compliance.
4. An explanation of the appeal process and the continuing violation threatens the health or safety
the spedfic information required to file an appeal, of the public, the Code Enforcement Officer may issue
E. SERVICE OF A NOTICE OF VIOLATION: A a Stop Work Order specifying the violation and
Notice of Violation shall be served on the owner, prohibiting any work or other activity at the site. Any
tenant, occupier, manager, agent, or other person violation of a Stop Work Order is hereby declared to be
responsible for the condition by personal service, a nuisance,' and the Code Enforcement Officer is
registered mail, or certified mail with return receipt authorized to enjoin or abate such nuisance summarily
requested, addressed to the last known address of such by any legal or equitable means as may be available.
person. If, ifter a reasonable search and reasonable The costs for the in)unction or abatement shall be
efforts are made to obtain service, the whereabouts of "recovered by the City from the owner, tenant,
the person(s) is unknown or service cannot be occupant, manager, agent, or other responsible person
accomplished and the Code Enforcement Officer in the manner provided by law.
makes an affidavit to that effect, then service of.the (Ord. 1838 §2(part), 1998)
notice upon such person(s) may be made by:
1. Publishing the notice once each week for 8.45.080 Emergency Orders
Whenever any use or activity in violation of the
two consecutive weeks in the City's official news- Tukwila Municipal Code threatens the health and'
paper; and safety of the occupants of the premises or any .member
2. Mailing a copy of the notice to each person
named on the Notice of Violation by first class mail to of the public, the Code Enforcement Officer may issue
the last known address if known or, if unknown, to an Emergency Order directing that the use or activity
the address of the property involved in the be discontinued and the condition causing the threat to
the public health and safety be corrected. The
proceedings.
Printed May 2004 Page 8-31
TUKWILA MUNICIPAL CODE
Emergency Order shall specify the time for compliance 8.45.100 Penalties
and shall be posted in a conspicuous place on the A~ VIOLATIONS OF THE TUKWILA MUNICIPAL
property, if posting is physically possible. Any CODE:
condition described in the Emergency Order which is ' 1. Civil Infraction Citation: Any person
not corrected within the time specified !s hereby violating or failing to comply with the provisions of the
declared to be a public nuisance and the Code Tukwila Municipal Code, may be issued a civil
"Enforcement Officer is authorized to enjoin or abate infraction citation pursuant to TMC 8.45.050B. Each
such nuisance summarily by any legal or equitable civil infraction shall carry with it a monetary penalty of
means as may be available. The cost of such $100.00 for the first violation, $175.00 for a second
abatement shall be recovered from the owner, tenant, violation of the same nature or a continuing violation,
occupant, manager, agent, or other person responsible and $250.00 for a thifd or subsequent violation of the
in the manner provided by law. same nature or a continuing violation.
{Ord. 1838 §2(part), 1998) 2. Notice of Violation:
~ Any person violating or failing to
8.45.090 Appeal to Hearing Examiner comply with the provisions of the Tukwila Municipal
A. The person incurring the penalty described in a Code, may, in the alternative, be issued a Notice of
Notice of Violation issued by the Code Enforcement Violation which shall carry with it a cumulative
Officer pursuant to TMC 8.45.050C may obtain an monetary penalty of $500.00 per day for each violation
appeal of the Notice by requesting such appeal within from the date set for compliance until compliance with
ten calendar days after receiving or otherwise being- the-Notice of Violation Or order is achieved.
served with the Notice pursuant to TMC 8.45.050. b. In addition to any penalty which may
When the last day of the period so computed is a ' be imposed by the City, any person violating or failing
Saturday, Sunday or federal or City holiday, the period to comply with any of the provisions of the Tukwila
shall run until 4:30PM on the next business day. The Municipal Code shall be liable for all damage to public
request shall be in writing, and upon receipt of the or private property arising from such violation,
appeal request, the Code Enforcement Office shall including the cost o[ restoring the affected area to its
schedule an appeal hearing before the Hearing condition prior to the violation.
Examiner. Notice of the hearing shall be sent to the c. The penalty imposed by this section .:; ..-
appellant and/or the person{s) named on the Notice of under a Notice of Violation may be collected by civil ?."~.;~.
Violation under the procedures described in' TMC action brought in the name of the City. The Code '~"'~
8.45.050D or as may be otherwise requested by the Enforcement Officer may notify the City Attorney of
appealing party, the name of any person subject to the penalty, and the
B. At or after the appeal hearing the Hearing City Attorney may, with the assistance of the Code
Examiner may: Enforcement Officer, take appropriate action to collect
1. Sustain the Notice of Violation; the penalty.
2. Withdraw the Notice of Violation; B. ADDITIONAL RELIEE' The Code Enforcement
3. Continue the review to a date certain for Officer may seek legal or equitable relief to enjoin any
receipt of additional information; or acts or practices and abate any condition which
4. Modify the Notice of Violation, which may constitutes or will constitute a violation of the Tukwila
include an extension of the compliance date. Municipal Code. The remedies provided in this
C. The Hearing Examiner shall issue a written chapter are cumulative and shall be in addition to any
decisior~ within 14 days of the date of the completion of other remedy provided by law.
the review and shall caUse the same to be sent to the C. SUBDIVISION VIOLATION,c: Any person,
person(s) named on the Notice of Violation Under the firm, corporation, or association or any agent of any
same procedures described in TMC 8~45.050D or as person, firm, corporation, or association who violates
otherwise directed by the appealing party, any provision of RCW 58.17 or Tukwila Municipal
D. The decision of the Hearing Examiner shall be Code Title 17; Subdivisions, relating to the sale, offer for
final and conclusive unless appealed. In order to sale, lease, or transfer of any lot, tract, or parcel of land,
appeal the decision of the Hearing Examiner, a person shall be guil. ty of a gross misdemeanor; and each sale,
with standing to appeal must file a land use petition, as offer for sale, lease or transfer of each separate lot, tract,
provided in RCW 36.70C, within 21 days of the or parcel of land in violation of any provision of RCW
issuance of the Hearing Examiner's decision. The cost 58.17 or Tukwila Municipal Code Title 17, Subdivi-
for transcription of all records ordered certified by the sions, shall be deemed a separate and distinct offense.
superior court for such review shall be borne by the (Ord. 1838 §2(part), 1998)
appellant.
(Ord. 1838 §2(part), 1998) '
Page 8-32 Printed May 2004
City og Tulcwila
W~h~ngton
Ordinanc~ No.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, ADOPTING THE 2003 EDITION OF THE
INTERNATIONAL PROPERTY MAINTENANCE CODE; REPEALING
ORDINANCE NO. 1593, CERTAIN SECTIONS OF ORDINANCE NO. 1837
REGARDING NUISANCES, ORDINANCE NO. 1838 SECTION 5, ,AND
ORDINANCE NO. 1846; PROVIDING FOR SEVERABILITY; AND
ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, in the interest of public health, safety and welfare, the City Council of the
City of Ttflovila desL~s to adopt by reference the 2003 edition of the Intmmatfonal Properbf
Maintenance Code to regulate and govern the conditions and maintenance of all
property, buildings and structures in the City; to provide the standards for supplied
utilities and facilities and other physical things and conditions essential to ensure that
structures are safe, sanitary and fit for occupation and use; to provide for the
condemnation of buildings and structures unfit for human occupancy and use; and to
provide for the demolition of such existing structures in the City of Tukwila;
NOW, THEREFORE, THE CrlY COUNCIL .OF THE tzt'l¥ OF TUKWII~,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1, International Property Maintenance Code Adopted.
A. The City of Tukwila hereby adopts by reference, as ff fully set forth herein, the
2003 edition of the International Property Maintenance Code ("Ii'MC"), as published by the
International Code Council and as amended in subsection (B) below, to be the Property
Maintenance Code of the City of Tukwila. Three copies of the adopted ][PMC are on file in
the office of the City Clerk of the City of Tukwila, and have been marked and designated as
B. The City of Tukwfla hereby adopts the following changes to the IPMC as aopt a
in subsection (A) above:
1. IPMC Section 10L1 shall reflect that the name of the jtuisdiction is the City of
Tukwila.
Z The last sentence of IPMC Section 10Z3 (Application of other codes) is hereby
deleted in its entirety. I~MC Section 10Z3 shall now read as follows:
Repairs, addiHons or alterations to a structure, or changes of
occupancy, shall be done in accordance with the procedures and
prowsions of the International Existing Building Code.
3. IPMC Sectfon 103.5 (Fees) is h~reby repealed in its entirety.
4. IPMC Section 111 (Means of Appeal) is hereby repealed in its entirety. Any
person directly affected by a decision of the code official or a notice or order or a civil
cflatJon issued under this code or Tukwila Municipal Code Chapter 8.45 shah have the right
to appeal to the City Hearing Examiner or the municipal court as set forth in TMC Chapter
I of 3
I~tcmaflonal BuildingCod¢ 8/13104
8.45. In addition to, or in lieu of, an.v other state or local provisions for the recovery of costs
or penallies incurred or assessed under TMC Chapter 8.45, the City Treasurer may,
pursuant to RCW 35.80.030(1)(li), cerlify to the King County Treasurer an assessment
amount equal to the costs of abatement, removal, or repair of the property and/or any
associated penaliies and collections to the tax rolls against the property for the current year
and the same shall become a part of the general taxes for that year to be collected at the
same time and with interest at such rotes and in such manner as provided for in RCW
84.56.020.
5. The following definitions shall be added to I~MC Section 202 (Definitions) as
follows:
"Department of Properfid Maintenance" is deemed to refer to "Code
Enforcement Division."
"Code Offcial" is deemed to refer to "Building Official."
The remainder of EPMC Section 202 shall remain in effect as currenlly
adopted.
6. The first sentence of IPMC Section 302.4 (Weeds) is hereby amended to read as
follows:
All premises and exterior property shall be maintained free from
weeds or plant growth in excess of 24 inches.
The remainder of IPMC Section 30Z4 shall remain in effect as currently
adopted.
7. The first sentence of 1PMC Section 303.2 (Enclosures) is hereby amended to
read as follows:
Private swmuning pools, hot tubs and spas, containing water
more than 24 inches (610mm) in depth shall be completely
surrounded by a fence or barrier at least 60 inches (1219 mm) in
height above the finished ground level measured on the side of
the barrier away from the pool.
The remainder of IPMC Section 303.2 shall remain in effect as currently
adopted.
8. References to "ICC Electrical Code," "International Plumbing Code" and
"International Zoning Code," that appear in the index of Chapter 8 (Referenced Standards)
shall be deleted.
9. The first sentence of IPMC Section 304.14 (Insect screens) is hereby amended
to read as follows:
During the period from January 1 fo December 31, every door,.
window and other outside opening required for ventilation of
habitable rooms, food preparation areas, food service areas or
any other areas where products to be included or utilized in food
for human consumption are processed, manufactured, packaged
or stored, shall be supplied with approved tightly fitting screens
of not less than 16 mesh per ifich (16 mesh per 24 mm) and every
swinging door shall have a self-cfosing device in good working
conclitio~
The remainder of ~MC Section 304,~4 shall remain in effect as currently
adopted,
10. The first sentence of IPMC Section 602.3 (Heat supply) is hereby amended to
read as follows:
':?y Every owner and operator of any building who rents, leases or
lets one or more dwelling unit, rooming unit, dormitory or
guestroom on terms, either expressed or implied, to furnish heat
to the occupants thereof shall supply heat during the period from
January 1 to December 31 to maintain a temperature of not Iess
that 68° (20 °Q in all habitable rooms, bathrooms, and toilet
rooms.
The remainder of IPMC Section 602.3 shall remain in effect as currently
adopted.
11. The first sentence of IPMC Section 602.4 (Occupiable work spaces), is hereby
amended to read as follows:
Indoor occupiable work spaces shall be supplied with heat
during the period from January 1 to December 31 to maintain a
temperature of not less than 65 °F (18 °C) during the period the
spaces are occupied.
Section 2. Repealer. Ordinance Nos 1593 and 1845, as codified at Tukwila Municipal
Code Chapter 16.06 (Housing Code), are hereby repealed.
Section 3. Repealer. Ordinance No 1837, as codified at Tukwila Municipal Code
8.28.020, 8.28.030, 8.28.040, 828.060, 828.070, 828.080, 828.090, 8.28.100, 8.28.110, 8.28.120,
8.28.130, 828.190, 828200, 8.28210, 8.28220, 8.28230, 828.240, 828.250, 828260, 828.270,
and 828.280, and Ordinance No 1838, Section 5, are hereby repealed.
Section 4. Severabitity. if any section, subsection, paragraph, sentence, clause or
phrase of this ordinance or its application to any person or situation should be held to
be invalid or unconstitutional for any reason by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of the
remaining portions of this ordinance or its application to any other person or situation.
Section 5. Effective Date. This ordinance or a summary thereof shall be published
in the official newspaper of the City, and shall take effect and be in full force five days
after passage and publication as provided by law.
r'- PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON,
at a Regular Meeting thereof this day of 2004.
sT ATTEST /AUTHENTICATED:
Steven M. Mullet, Mayor
Jane E. Cantu, CMC, City Clerk
y Filed with the City Cleric.
APPROVED AS TO FORM BY: Passed by the City Council:
Publish <a•
Effective Data
Office of the City Attorney Ordinance Number.
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International Building Code 8/13/04