HomeMy WebLinkAboutReg 2022-06-06 Item 5C - Ordinance - Construction Permits, Application Time Limits, and Work without a Permit Fees (TMC Code Section 16.04.250)COUNCIL AGENDA SYNOPSIS
Initials
Meeting Date
Prepared by
Mayor's review
Council review
05/23/22
JH
06/06/22
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ITEM INFORMATION
ITEM No.
5.C.
STAFF SPONSOR: JERRY HIGHT
ORIGINAL AGENDA DATE: 5/23/22
AGENDA ITEM TITLE Revise TMC section 16.04.250.0 & E with new section F
CATEGORY ® Discussion
Mt Date 5/23/22
❑ Motion
AugtDate
❑ Resolution
Mtg Date
Ordinance
Alts Date 6/6/22
❑ Bid Award
Mtg Date
❑ Public Hearing
Altg Date
❑ Other
Mtg Date
SPONSOR ❑ Council ❑ Mayor ❑ Admin Svcs ® DCD ❑ Finance ❑ Fire ❑ P&R ❑ Police ❑ PW
SPONSOR'S
SUMMARY
Revision of TMC 16.04.250 Procedures applicable to all construction permits section E.
Expiration of permits and permit application to reflect two separate sections: E. "Expiration
of permits" and F. "Time limitation of permit applications" and revise C. "Work without a
permit." Revisions are for clarity and customer service.
REVIEWED BY
❑ Trans&Infrastructure Svcs ❑ Community Svcs/Safety ❑ Finance & Governance ® Planning & Community Dev.
❑ LTAC ❑ Arts Comm.
DATE: 5/16/22
❑ Parks Comm. ❑ Planning Comm.
COMMITTEE CHAIR: DELOSTRINOS-JOHNSON
RECOMMENDATIONS:
SPONSOR/ADMIN. Department of Community Development
COMMITTEE Unanimous Approval
COST IMPACT / FUND SOURCE
EXPENDITURE REQUIRED
$N/A
AMOUNT BUDGETED
$N/A
APPROPRIATION REQUIRED
$N/A
Fund Source: N/A
Comments: N/A
MTG. DATE
RECORD OF COUNCIL ACTION
5/23/22
Forward to next Regular Meeting Consent Agenda
6/6/22
MTG. DATE
ATTACHMENTS
5/23/22
Informational Memorandum with attachments (Updated)
Draft Ordinance (updated)
Minutes from the 5/16/22 Planning and Community Development Committee meeting
6/6/22
Final Ordinance
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City of Tukwila
Washington
Ordinance No.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, REVISING TUKWILA MUNICIPAL
CODE SECTION 16.04.250 TO CLARIFY REGULATIONS
REGARDING EXPIRATION OF CONSTRUCTION PERMITS,
TIME LIMITS ON CONSTRUCTION PERMIT APPLICATIONS,
AND ADDITIONAL FEES REQUIRED WHEN WORK IS
STARTED WITHOUT A PERMIT; PROVIDING FOR
SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, existing time limitations on construction permit applications have
resulted in applications expiring during plan review; and
WHEREAS, Tukwila Municipal Code (TMC) Section 16.04.250 requires changes to
clarify regulations regarding expiration of construction permits and the time limitations of
construction permit applications; and
WHEREAS, changes to TMC Section 16.04.250 will also clarify that additional fees
are required when work is started without permits;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. TMC Section 16.04.250 Amended. Ordinance Nos. 2171 §1 (part)
and 2648 §4, as codified at Tukwila Municipal Code Section 16.04.250, "Procedures
applicable to all construction permits," are 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 shall be in
accordance with the permit fee schedule adopted by resolution of the City Council.
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 in accordance with the permit fee
schedule adopted by resolution of the City Council.
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C. Work without a permit. Any person who commences work before obtaining
the necessary permits required by the Washington State adopted codes and Tukwila
Municipal Code to construct, enlarge, alter, repair, move, demolish or change the
occupancy of a building or structure; or to erect, install, enlarge, alter, repair, remove,
convert or replace any electrical, gas, mechanical or plumbing system; or to cause any
such work to be performed on a building or structure before obtaining the necessary
permits shall be charged double the fee established in accordance with the permit fee
schedule adopted by resolution of the City Council.
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 undera 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. Permits issued under the Washington State adopted
codes and Tukwila Municipal Code shall become invalid unless the work on the site
authorized by such permit is commenced within 180 days after its issuance, or if the
work authorized on the site by such permit is suspended or abandoned fora period of
180 days after the time the work is commenced. Each valid inspection requested by the
applicant shall extend the permit for an additional 180 days. The Building Official is
authorized to grant, in writing, two extensions of time, for periods not more than 180
days each. It shall be the responsibility of the applicant to request a permit extension.
The extension shall be requested in writing and justifiable cause shall be demonstrated.
F. Time limitation of permit application.
1. All proposed work under Washington State adopted codes and Tukwila
Municipal Code shall require a complete permit application, plans, and submittal
documents. All documents shall be submitted electronically. After each department
completes review of the submittal documents, the Permit Center shall return the
electronic plan, with corrections, to the applicant, as identified on the application, for
review and amendment.
2, The applicant shall then resubmit the amended electronic plan to the
Permit Centerwithin 180 days of notification, or the application shall be deemed to have
been abandoned and shall expire. Each time the Permit Center receives amended
documents within the 180 day time limit, the application will be extended for an
additional 180 days before expiration.
3. An expired permit application cannot be renewed and is not entitled to a
refund. In order to obtain a new permit, a new permit application shall be submitted
along with the required submittal documents and a new fee shall be paid in accordance
with the permit fee schedule adopted by resolution of the City Council, which may be
amended from time to time.
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G. Reactivating expired permit for final. Expired permits that have completed
the inspection process and need only final inspection approval may be reactivated.
Reactivation shall require a new permit application, and the fee shall be in accordance
with the permit fee schedule adopted by resolution of the City Council. The Building
Official may grant one 30 -day extension to an expired permit for the purpose of
performing a final inspection and closing out the permit as long as not more than 90
days have passed since the permit expired. Provided no changes have been made or
will be made in the plans or scope of work, the 30 -day extension commences on the
date of written approval. If work required under a final inspection is not completed
within the 30 -day extension period, the permit shall expire.
H. Owner -occupied residential remodel permits. Owner -occupied residential
remodel permits for projects not exceeding $20,000.00 in valuation are eligible for a flat
fee per the following:
1. The flat fee includes all permit and other associated fees in accordance
with the permit fee schedule adopted by resolution of the City Council.
2. The valuation will be cumulative during a rolling one-year period.
3. All requirements for submittal documents and inspections are as required
fora new house underthis section; only the fee is reduced.
4. Projects that exceed the $20,000.00 limit will be subject to the standard
permit fees in accordance with the permit fee schedule adopted by resolution of the City
Council.
I. Appeals. All references to Board of Appeals are 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 Examinerwhen itis claimed that any one of th e
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.
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J. Violations. Whenever the authority having jurisdiction determines there are
violations of this code, a Notice of Violation 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.
K. 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 8.45.120.A.2.
Section 2. Corrections by City Clerk or Code Reviser Authorized. 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 , 2022.
ATTEST/AUTHENTICATED:
Christy O'Flaherty, MMC, City Clerk
APPROVED AS TO FORM BY:
Office of the City Attorney
Allan Ekberg, Mayor
Filed with the City Clerk:
Passed by the City Council:
Published:
Effective Date:
Ordinance Number:
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