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HomeMy WebLinkAboutCOW 2004-05-24 Item 3D - Ordinance - Property Maintenance Code..... COUNCIL AGENDA SYNOPSIS  ~ ........................ Initials ......................... ITEM NO. · \ MeetingDate ,Prepare~b~ Mayor'sreview Coun~qilrev~ew CAS Number: 04-073 I Original Agenda Date: May 24, 2004 Agenda Item Title: Proposed adoption of the Property Maintenance Code Original Sponsor: Council Adtnin. DCD Timeline: Sponsor's Summary: NeW Property maintenance Code provides broader, more specific interpretation and enforceability for Code violations and maintenance of existing property. Recommendations: Sponsor: Adopt Ordinance Committee: CAP has unanimously recommended adoption. Administration: Same as Sponsor Cost Impact (if known): No change Fund Source (if known): No change Meeting Date Action 5/24/04 Meeting Date Attachments 5/24/04 5/5/04 Memo from Jack Pace Matrix comparison of current vs. new Code Draft of adopting Ordinance* April 13, 2004 Community and Parks Committee Minutes *2003 Edition of the International Prop~y ~4a(n~anan~A attached to Council agenda packets. Department of Communtty Development Steve Lancaster, Director MEMORANDUM TO: Mayor Steve Mullett FROM: Jack Pace, DCD Deputy Director SUB J: Proposed Adoption of the Property Maintenance Code DATE: May 5, 2004 The International Code Council (I.C.C.) also developed an International Property Maintenance Code, which addresses existing structures, and was designed to work hand-in-hand with the International Building Code. (Attachment A) Adoption of the new International Property Maintenance Code will replace most of Chapter 8.28 -NUISANCES, and all of Title 16, Chapter 16.06 Buildings and Constmction, HOUSING CODE of the Tukwila Municipal Code. As the attached matrix demonstrates, the new code is much broader in Scope, and addresses the exterior and interior of existing buildings. The IPMC also addresses residential occupancy requirements. The specifics and level of detail provided in the IPMC will allow code enforcement staffto more readily identify code violations, and provides the tools needed to enforce these codes. Our adopting Ordinance also permits the City to assess the property owner abatement costs through the Tax Assessor's office. Recommendation On April 13, '2004, the Community Affairs and Parks Committee reviewed the proposal and has unanimously recommended adoption of the Property Maintenance Code. If the Council would like a public hearing, such hearing could take place at the June 14 Council meeting and based on public comments, adoption could take place at the June 21, 2004 Council meeting. If no such hearing is required, adoption could take place at the June 7, 2004 Council meeting. A copy of the drat~ Ordinance is attached. (Attachment B) 6300 Southcenter Boulevard, Suite #I00" Tukwiia, Washington 98188 · Phone: 206-431-3670 · Fax: 206-431-366~ Tukwila Municipal Code/International Property Maintenance Code Comparison TMC Tukwila Municipal Code IPMC IPMC Citation Citation 8.28 Nuisances 1 8.28.030 Places not protected from flies or rats foul or 308 Extermination malodorous places 308.1 Infestation (Privies, vaults, cesspools, sumps, pits or like places not securely protected...) Privies, vaults, cesspools, etc. not specifically covered. 8.28.040 Trash Covered Premises 307 Rubbish and Garbage (...litter covered premises...including 307.1 Accumulation of rubbish or garbage buildings and structures...) 307.2 Disposal of rubbish 307.2.1 Rubbish storage facilities 307.3 Disposal of garbage 307.3.1 Garbage facilities 307.3.2 Containers 8.28.050 Animal Manure N/A Not specifically covered in IPMC. Garbage is defined basically as "food waste"; Rubbish is most everything else (combustible and non combustible waste materials, except garbage...). Neither of these definitions seem to cover animal manure. International Property Maintenance Code vs Tukwila Municipal Code Page 1 of 5 Revision date 04/07/04 8.28.060 Certain.Growth 302.4 Weeds (Poison oak;• poison ivy, deadly nightshade or (...sha11 be maintained free from weeds or plant any noxious or toxic weed or uncultivated growth in excess of inches...) plant...weeds, tall grass...higher than two feet...) City needs to fill in the height (24 inches 8.28.070 Uncovered Trash or Abandoned Material 307 Rubbish and Garbage {...trash or abandoned material, unless ...kept 307.1 Accumulation of rubbish or garbage in covered bins or metal receptacles...) 307.2 Disposal of rubbish 307.2.1 Rubbish storage facilities 307.3 Disposal of garbage 307.3.1 Garbage facilities 307.3.2 Containers 8.28.080 Potential Pest Harborage or Fire Danger 302.5 Rodent harborage (Trash, litter, rags accumulations of empty barrels, boxes, crates, packing cases, Fire hazard not specifically covered. mattresses, bedding....) 8.28.090 Dangerous, Abandoned Buildings or Structures 108.1.1 Unsafe Structures old, abandoned or partially destroyed 108.1.3 Structure unfit for human occupancy building...or building left unfinished) 301.3 Vacant structures and land NOTE: City of SeaTac does not permit abandoned buildings to be boarded up or to appear unoccupied. When they adopted the IPMC last July they deleted section 301.3 regarding abandoned building and substituted their own language. International Property Maintenance Code vs Tukwila Municipal Code Page 2 of 5 Revision date 04/07/04 8.28.100 Dumping Areas 302.8 Motor Vehicles (Places used...as junk yards...for the (...no inoperative or unlicensed motor vehicle wrecking...of automobiles...or for the storing shall be parked, kept or stored on any or leaving of...wrecked...automobiles) premises... Exemption for repair work done (Note: We are proposing changes to the junk inside a building) vehicle ordinance and residential parking regulations which would replace this section as well as TMC 9.32) 8.28.110 Waste Vegetable or Animal Matter 307 Rubbish and Garbage (Any putrid...bones, meat, hides, 307.1 Accumulation of rubbish or garbage skins...butcher's trimmings...or any waste 307.3 Disposal of garbage vegetable or animal matter...) 307.3.1 Garbage facilities 307.3.2 Containers 8.28.120 Places which occasions annoyances 302.6 Exhaust vents (...use of any building...for the exercise of any 403.4 Process Ventilation trade, employment or manufacture which by...noxious exhalations, offensive odors or other annoyances...) 8.28.130 Burning or disposing material in an annoying 403.4 Process Ventilation manner (Burning...of refuse...to cause...ashes...or Does not cover exterior burning specifically smoke...to become annoying...) (i.e. trash barrels or bum piles.) These may be covered under Fire Code regulations. 8.28.140 Disorderly houses N/A Police Department function. Move to TMC 8.30 8.28.150 Places where Disturbance of the Peace Occurs N/A Police Department function. Move to TMC 8.30? 8.28.160 Place where liquor used illegally N/A Police Department function. Move to TMC 8.30? International Property Maintenance Code vs Tukwila Municipal Code Page 3 of 5 Revision date 04/07/04 8.28.170 Unguarded Hole Dangerous to Life Not covered (Any unguarded or abandoned excavation, pit, well or hole:..) 8.28.180 Landscape Maintenance 302.4 Weeds (...to fail to maintain landscaping—in commercial, manufacturing or industrial or IPMC not specific to commercial areas. multiple dwelling residential areas...) 8.28.190 Buildings to be secured 108.2 Closing of vacant structures (...any unoccupied building...) 301.3 Vacant structures and land 8.28.200 Growth or Debris which obstruct public way 302.3 Sidewalks and Driveways (...trees, plants, shrubs "or vegetation which so overhang any sidewalk or street...) 8.28210 Violation Penalty 8.28.210 8.28.250 may all be covered in TMC 8.28.220 Failure to Comply with TMC 8.28.210 8.45 as well as the changes we propose for the 8.28.230 Enforcement of TMC 8.28.210 through Junk Vehicle ordinance. It might be well to 8.28.240 8.28.250 clean up this entire chapter by eliminating these 8.28.250 Notice references along with the balance of the Nuisance Abatement Cost to TMC 8.28.210 nuisance chapter as long as we are comfortable with the enforcement chapter. 8.28.260 Abandoning or Discarding Refrigeration 307.2.2 Refrigerators Equipment (...accessible to children... any refrigerator...which has not had the door removed....) 8.28.270 Permitting Unused Equipment to Remain on 307.2.2 Refrigerators Premises (...owner...who permits such unused refrigerator...to remain on premises without having the door removed...) International Property Maintenance Code vs 'Tukwila Municipal Code Page 4 of 5 Revision date 04/07/04 8.28.280 Keeping or Storing Equipment for Sale Not specifically addressed (...person who keeps or stores refrigerators for purpose of selling shall not be guilty...if he takes reasonable precautions to secure the door) International Property Maintenance Code vs Tukwila Municipal Code Page 5 of 5 Revision date 04 /07/04 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ADOPTING THE 2003 EDITION OF THE INTERNATIONAL PROPERTY MAINTENANCE CODE; REPEALING TMC CHAPTER 16.06 REGARDING THE CITY'S HOUSING CODE; REPEALING CERTAIN SECTIONS OF TMC CHAPTER 8.28 REGARDING NUISANCES; 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 Tukwila desires to adopt by reference the 2003 edition of the International Property 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 CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. International Property Maintenance Code Adopted. 4 j A. The City of Tukwila hereby adopts by reference, as if fully set forth herein, the 2003 edition of the International Property Maintenance Code "IPMC as published by the International Code Council and as amended in Subsection (8) below, to be the Property Maintenance Code of the City of Tukwila. Three copies of the adopted IPMC are on file in the office of the City Clerk of the City of Tukwila, and have been marked and designated as such. B. The City of Tukwila hereby adopts the following changes to the IPMC as adopted in this Subsection (A) above: t: 1. IPMC Section 1011 shall reflect that the name of the jurisdiction is the City of Tukwila. 2. IPMC Section 103.5 (Fees) is hereby repealed in its entirety. 3. 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 citation issued under this code or Tukwila Municipal Code Chapter 8.45 shall have the right to appeal to the City Hearing Examiner or the municipal court as set forth in TMC Chapter 8.45. In addition to, or in lieu of, any other state or local provisions for the recovery of costs or penalties incurred or assessed under this TMC Chapter 8.45, the City Treasurer may, pursuant to RCW 35.80.030(1)(h), certify to the King County Treasurer an assessment amount equal to the costs of abatement, removal, or repair of the property and /or any associated penalties 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 lime and with interest at such rates and in such manner as provided for in RCW 84.56.020. -1 "'`;4' International Building Code 5/21/04 4. The first sentence of IPMC Section 3024 (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 302.4 shall remain in effect as currently adopted. 5. The first sentence of IPMC Section 304.14 (Insect screens) is hereby amended to read as follows: i y. j During the period from January 1 to 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 inch (16 mesh per 24 nun) and every swinging door shall have a self losing device in ood working condition. g g The remairtd er of IPMC Section 304.14 shall remain in effect as currently Y P 6. The first sentence of IPMC Section 6023 (Heat supply) is hereby amended to read as follows: 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 less that 68° (20 °C) in all habitable rooms, bathrooms, and toilet rooms. The remainder of IPMC Section 602.3 shall remain in effect as currently adopted. 7. The first sentence of IPMC Section 6024 (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. Tukwila Municipal Code Chapter 16.06 (Housing Code) is hereby repealed in its entirety. Section 3. Repealer. The following sections of Tukwila Municipal Code Chapter 828 (Nuisances) are hereby repealed in their entirety: TMC 8.28.020 Definition TMC 8.28.030 Places Not Protected from Flies or Rats Foul or Malodorous Places TMC 8.28.040 Trash Covered Premises TMC 8.28.060 Certain Growth TMC 828.070 Uncovered Trash or Abandoned Material TMC 8.28.080 Potential Pest Harborage or Fire Danger TMC 8.28.090 Dangerous, Abandoned Buildings or Structures TMC 828.100 Dumping Areas TMC 8.28.110 Waste Vegetable or Animal Matter International Building Code 521/D4 TMC 8.28:120 Place Which Occasions Annoyances TMC 8.28130 Burning or Disposing Material in an Annoying Manner TMC 8.28190 Buildings to be Secured TMC 8.28200 Growth or Debris Which Obstruct Public Way TMC 828.210 Violation Penalty TMC 8.28.220 Failure to Comply with TMC 8.28.210 TMC 8.28.230 Enforcement of TMC 8.28210 through 8.28.250 TMC 828.240 Notice TMC 828.250 Nuisance Abatement Cost for TMC 8.28.210 TMC 8.28260 Abandoning or Discarding Refrigeration Equipment TMC 828.270 Permitting Unused Equipment to Remain on Premises TMC 828.280 Keeping or Storing Equipment for Sale Section 4. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to ej 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. rrj`r 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. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of 2004. ATTEST /AUTHENTICATED: Steven M. Mullet, Mayor Jane E. Cantu, CMC, City Clerk Filed with the City Clerk• APPROVED AS TO FORM BY: Passed by the City Council. Published. Effective Da-° -:A Office of the City Attorney Ordinance Numb -3- International Building Code 521104 Community and Parks Committee April 13, 2004 Present: Pam Linder, Chair; Joe Duffle, Dave Fenton Nick Olivas, Don Tomaso, Bob Bencdicto, $oyce Trantina, Kathy Stetson, Steve Lancaster, Bmcc Fletcher, Paul Surck, Lucy Lantcrbach 1. International Building Code Adoption, Bob Benedicto is the Building Official, and he .~ discussed how the City has been using the 1997 Building Code as it was the last one adopted by · the State. The new International Building Code (IBC) was adopted by the State after a committee the mayor served on recommended it over another version of building code. The Committee asked why only 44 states were adopting the IBC. Bob said the initial code should be adopted without amendments, though later the City can make some changes in local code if they are more strict than the IBC. He went through with the Committee the effects the new code will have on our codes. Kathy and Joyce then went through three other codes that will supplement the IBC. The first was the Nuisance and Housing section, relating to trash, weeds, graffiti, and landscaping requirements. Kathy said the new language will allow her to require private landowners to clean up graffiti on their property. The Committee approved of those additions. A second new section addressed Junk Vehicles. The provisions in the civil code are vague, and would be replaced by language that defines what a junk vehicle is, and would deal with the ~ ' ' proliferation of junk vehicles on private property. Joe asked if the City would enforce the '...;" regulation, and Steve said not ail, but many cars that need to be removed, would be under these new provisions. The Committee asked that the definition of a junk vehicle be included when this issue goes to Council. A third section addressed where cars and trailers can legally be parked on a property. This section would prevent cars from parking on front lawns, requiting instead an approged durable surface, which would be defined. Pam wanted to know what Sea Tac did when they passed a _ similar chang~ l~st year. Kathy said it was likely they would educate people about-this requirement for a year before they started charging people with removing vehicles. Pam L pointed out there is a house in her neighborhood that does not have a driveway due to the narrow width of the property (many properties in Allentown/Duwamish are narrow but deep). This person cannot park in a driveway and would be subject to removal. She did not support this portion, of the proposed changes as they are now. The Committee wanted to know if there wa enough interest in this last proposal. If so, they would send it back to Committee for further work. Recommend IBC~ Nuisance, Junk Cars~ and Improper Parking Issues to COWl with one member not yet agreeing to support the Improper Parking section. 2. Ratification of Designating Downtown Auburn as a an Urban Center The Growth Management Policy Committee (GM_PC) recommended adoption of Auburn's proposal to add its downtown as an urban center. Although they don't meet the requirements, they, like Tukwila, will work to achieve those goals for population, housing and jobs. Recommend Auburn : proposal for an Urban Center designation to COW for approval.