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Home My WebLink AboutReg 2014-11-03 Item 6A - Ordinance - Flat Fee for Plan Review and Permit for Simple Residential ProjectsCOUNCIL AGENDA SYNOPSIS Meeting Date Prepared by Mayor's review Council review 10/27/14 NG E Motion Ai Date r] Resolution Mtg Date 11/03/14 NG ,friC- [1] Other Mtg Date CA1FG)RY U Discussion Mtg Dale SPONSOR Comm' l IJ Mayor Lil FIR II DCD J Finance ,l'ire LI IT P&R Pollee LI PI 7 SPONSOR'S The proposed ordinance would create a modest, predetermined fee for minor residential SUMMARY remodels to encourage compliance with building codes and therefore improve public safety. It would also create a streamlined process for closeout of expired permits to encourage applicants to get a final inspection, ensuring compliance with building codes and therefore improving public safety. Iti:A'ilwEl) BY fl COW Mtg. Ei CA&P Cmte [1] Utilities Cmtc E Arts Comm. DATE: 10/21/14 11 F&S Cmte E Transportation Cmte Comm. D Planning Comm. CHAIR: SEAL [1] Parks COMMITTEE ITEM INFORMATION ITEM No. 6.A. 55 STAFF SPONSOR.: JACK PACE ORIGINAI, AG ENDA DATE: 10/27/14 AGENDA ITEmTni.E Updating Title 16 with Minor Residential Remodel Fees and Expired Permit Finals 10/27/14 E Motion Ai Date r] Resolution Mtg Date Z Ordinance Mt,gDate 11/3/14 IZ Bid A2vard AitgDate El Public Heari 17,g A1 Date [1] Other Mtg Date CA1FG)RY U Discussion Mtg Dale SPONSOR Comm' l IJ Mayor Lil FIR II DCD J Finance ,l'ire LI IT P&R Pollee LI PI 7 SPONSOR'S The proposed ordinance would create a modest, predetermined fee for minor residential SUMMARY remodels to encourage compliance with building codes and therefore improve public safety. It would also create a streamlined process for closeout of expired permits to encourage applicants to get a final inspection, ensuring compliance with building codes and therefore improving public safety. Iti:A'ilwEl) BY fl COW Mtg. Ei CA&P Cmte [1] Utilities Cmtc E Arts Comm. DATE: 10/21/14 11 F&S Cmte E Transportation Cmte Comm. D Planning Comm. CHAIR: SEAL [1] Parks COMMITTEE RECOMMENDATIONS: SPONSOR/ADMIN. COMMITTEE Department of Community Development Unanimous Approval; Forward to Full Council for Action COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $0 $0 $0 Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 10/27/14 Forward to next Regular Meeting MTG. DATE ATTACHMENTS 10/27/14 Informational Memorandum dated 10/21/14 Draft Ordinance Minutes from the Finance and Safety Committee meeting of 10/21/14 11/3/14 Ordinance 55 56 City of Tukwila Washington Ordinance No. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING ORDINANCE NOS. 2418 §1, 2402 §4, 2171 §1 (PART), AND 2121 §1 (PART), AS CODIFIED AT TUKWILA MUNICIPAL CODE SECTION 16.04.250, TO CREATE A FLAT FEE FOR PLAN REVIEW AND PERMIT FOR SIMPLE RESIDENTIAL PROJECTS; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City Council seeks the safety of the citizens first and foremost; and WHEREAS, permits are required for certain home improvement projects; and WHEREAS, the City Council desires to lessen the financial impact for homeowners undertaking this work by creating a flat permit fee for simple residential projects that still ensures code compliance and required inspections; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. TMC 16.04.250 Amended. Ordinance Nos. 2418 §1, 2402 §4, 2171 §1 (part), and 2121 §1 (part), as codified at Tukwila Municipal Code Section 16.04.250, "Procedures applicable to all construction permits," are hereby amended to read as follows: 16.04.250 Procedures applicable to all construction permits A. Permit and plan review fees applicable to all construction permits are listed in the most current permit fee resolution. B. Work covered without inspection or work not ready at the time of inspection may be charged a re-inspection fee at the hourly rate listed in the most current permit fee resolution. C. Work without a permit. Any person who commences work before obtaining the necessary permits shall be subject to an investigation fee. The investigation fee shall be equal to the established permit fee as set forth in the most current permit fee W: Word Processing \Ordinances \Flat permit fee for residential projects 10-28-14 JH:bjs Page 1 of 3 57 58 resolution. This fee, which shall constitute an investigation fee, shall be imposed and collected in all cases, whether or not a permit is subsequently issued. D. Fee refunds. The Building Official may refund any permit fee paid by the original permit applicant that was erroneously paid or collected. The Building Official may also authorize the refund of not more than 80% of the permit fee when no work has been done under a permit issued in accordance with the code. Where a plan review fee has been collected, no refund will be authorized once it has been determined that the application is complete and the plan review process has commenced. Refund of any permit fee paid shall be requested by the original permit applicant in writing and not later than 180 days after the date of fee payment. E. Expiration of Permits. All building, mechanical, plumbing, fuel gas piping and electrical permits shall become invalid unless the work on the site authorized by such permit is commenced within 180 days after issuance or the work is suspended or abandoned for a period of 180 days after the time the work is commenced. The Building Official may grant one or more extensions for periods not more than 180 days each. The extension shall be requested in writing and justifiable cause demonstrated. F. Expired Permit Final. A permit within 180 days of expiration may receive a final inspection provided a new permit application is completed and a fee is paid per the most current permit fee resolution. G. Residential remodel permits. Owner-occupied residential remodel permits for projects not exceeding $20,000.00 in valuation are eligible for a flat fee for the plan review and permit per the most current permit fee resolution. The valuation will be cumulative during a rolling one year period and projects that exceed the $20,000.00 limit will be subject to the standard permit fee schedule. All requirements for submittal documents and inspections are as required for a new house under this section; only the fee is reduced. H. Appeals. All references to Board of Appeals is amended as follows: Any person, firm or corporation may register an appeal of a decision or determination of the Building Official provided that such appeal is made in writing within 14 calendar days after such person, firm or corporation shall have been notified of the Building Official's decision. Any person, firm or corporation shall be permitted to appeal a decision of the Building Official to the Tukwila Hearing Examiner when it is claimed that any one of the following conditions exists. 1. The true intent of the code or ordinance has been incorrectly interpreted. 2. The provisions of the code or ordinance do not fully apply. 3. The decision is unreasonable or arbitrary as it applies to alternatives or new materials. 4. Notice of Appeal procedures shall be in accordance with TMC Section 18.116.030. W: Word Processing \Ordinances\Flat permit fee for residential projects 10-28-14 JH:bjs Page 2 of 3 I. Violations. Whenever the authority having jurisdiction determines that there are violations of this code, a written notice shall be issued to confirm such findings. Any Notice of Violation issued pursuant to this code shall be served upon the owner, operator, occupant or other person responsible for the condition or violation, either by personal service or mail, or by delivering the same to and leaving it with some person of responsibility upon the premises. For unattended or abandoned locations, a copy of such Notice of Violation shall be posted on the premises in a conspicuous place, at or near the entrance to such premises, and the Notice of Violation shall be mailed by registered or certified mail, with return receipt requested, to the last known address of the owner, occupant or both. J. Penalties. Any person, firm or corporation who shall willfully violate or fails to comply with a Notice of Violation is liable for the monetary penalties prescribed in TMC Section 8.45.100.A.2. Section 2. Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or ordinance numbering and section/subsection numbering. Section 3. 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 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 4. 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 , 2014. ATTEST/AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk APPROVED AS TO FORM BY: Rachel Turpin, City Attorney Jim Haggerton, Mayor Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: W: Word Processing \Ordinances\Flat permit fee for residential projects 10-28-14 JH:bjs Page 3 of 3 59