HomeMy WebLinkAboutOrd 2739 - Amend Ordinances Related to Compliance and Prerequisite for Building Permits / Development Permit ProceduresOrd
,ance No.,
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, AMENrmING ORDINANCE NO.
2171 §1 (PART), AS CODIFIED AT TUKWILA MUNICIPAL
CODE (TMC) SECTION 16.04.040: AMENDING ORDINANCE
NOS. 2171 §1 (PART), 2648 §4, 2673 §1, AND 2702 §4, AS,
CODIFIED AT TMC SECTION 16.04.250; TO REMOVE
AMBIGUITIES, CODIFY INTERNAL POLICIES AND
EFLECT CHANGES IN STATE LAW; PROVIDING FOR
SEVERABILITY; AND ESTABLISHING AN EFFECTIVE
DATE.
WHEREAS, in 2023,. the Washington State Legislature adopted Senate Bill 5200 ("SB
5290"), which made changes to the land use permitting process; and
WHEREAS, certain sections of Chapter 16 of the Tukwila Municipal Code ("TMC") need
to be updated and brought into compliance with S 5290 and
WHEREAS, there are also certain ambiguities and policies in the TMC that need to be
revised and updated; and
WHEREAS, the City Council finds that the amendments herein further the public heallth,
safety, and welfare of the residents of Tukwila,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. Adoption of Findings of Fact. The City Council hereby adopts the
foregoing recitals and incorporates them herein as support for these amendments,
Section 2. TMC Section 16.04.040 Amended. Ordinance No, 2171 §1 part), as
codified at TMC Section 16,04 040, "Compliance with Other Regulations as Prerequisite for
Building Permits," is hereby revised to read as follows:
16.04.040 Compliance with Other Regulations as PrerequisitePrereq,uiste for Building P
2024 LegislaUon: Title 16 amendments
Version: 10/17/2.4
Statt Gioor
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A. No building permit shall be issued if the construction authorized by the per "t
violate any existing applicable law or City ordinance.
B. No building permits shall be issued prior to the approval of any land use permits
required for the project. Land use permit requirements can be found in TMC Title 18.
Section 3. TMC Section 16.04.250 Amended. Ordinance Nos, 2171 §1 (part), 2648
§4, 2673 §1, and 2702 §4, as codified at TMC Section 16.04.250, "Procedures Applicable
to All Construction Permits," is hereby amended to read as follows:
16.04.260 Procedures Applicable to All Development Permits
A. Fees: Permit and olan review fees applicable to all development permits shall be
in accordance with the permit fee schedule adopted by resolution of the City Council,
B. Application Requirements: Applications for development permits shall be
processed as Type 1 decisions, subject to the provisions of "T MC Chapter 18.104, If any
section of TMC Chapter 18 104 conflicts with the provisions of TMC Section 16.04.250, the
provisions of this code section shall prevail.
C. Inspections: VVork 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, Neither the Building Official
nor the jurisdiction shall be liable for expense entailed in the removal or replacement of any
material required to allow inspection,
D. Work without Permits: Any person who commences work before obtaining the
necessary permits required by the VVashington 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, enl. rge, 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,
E. Fee Refunds: The Building Official may refund any permit fee paid by the original
permit applicant that was erroneously paid 01 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,
F. 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
2024 Legistanont Title 1 amendments
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Staff: L Goer
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2. The valuation will be cumulative during a rolling one-year period.
3. All requirements for submittal documents and inspections are as required for a
new house under this section; only the fee is reduced,
4 Projects that exceed the $20000 00 limit will be subject to the standard permit
fees in accordance with the permit fee schedule adopted by resolution of the City Council.
a 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 Examiner when it is claimed that any one of the following conditions
exists,
1. The true intent of the code or ordnance 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 procedure shall be in accordance with TMC Section
18.116.030.
H. 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 ilocations, 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.
I. 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 4. 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 5. 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 co petent 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.
2024 LegislationTole 16 amendments
Version: 10/17/24
Staff: Goor
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Section 6. 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 (5) days
after passage and publication as provided by
PASSED BY THE CITY COU ,c;IL OF THE CITY OF TUK A, WASHINGTON, at
a Regular Meeting thereof this * day of _121,41i Jen 2024
ATTEST/AUTHENTICATED:
Andy Youn, City Clerk
APPROVED AS TO FORM BY
Office of the City Attorney
1,7:1„,alladv
Themes McLeod, Mayor'
Filed with the City Clerk
Passed by the City Council:
Published
Effective Date:
Ordinance Number:
2O2 Legislation: Title 16 amendments
Version: 10/17/24
Staff: II Goor
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City of Tukwila Public Notice of Ordinance Adoption for Ordinances 2738 2744.
On October 21, 2024, the City Council of the City of Tukwila, Washington, adopted the following
ordinances, the main points of which are summarized by title as follows:
Ordinance 2738: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA
WASHINGTON, AMENDING ORDINANCE NOS. 2293 §13 AND 2676 §1, AS CODIFIED AT
TUKWILA MUNICIPAL CODE (TMC) SECTION 8.22.120; AMENDING ORDINANCE NO. 2547
§12, AS CODIFIED AT TMC SECTION 8.45.070; TO REMOVE AMBIGUITIES, CODIFY
INTERNAL POLICIES, AND REFLECT CHANGES IN STATE LAW; PROVIDING FOR
SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE.
Ordinance 2739: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA
WASHINGTON, AMENDING ORDINANCE NO. 2171 §1 (PART), AS CODIFIED AT TUKWILA
MUNICIPAL CODE (TMC) SECTION 16.04.040; AMENDING ORDINANCE NOS, 2171 §1
(PART), 2-648 §4, 2073 §1,, AND 2702 §4, AS CODIFIED AT TMC SECTION 16.04.250; TO
REMOVE AMBIGUITIES, CODIFY INTERNAL POLICIES AND REFLECT CI IANGES IN STATE,
LAW; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE,
Ordinance 2740: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKVVILA,
WASHINGTON, REPEALING VARIOUS ORDINANCES AS CODIFIED IN TUKWILA
MUNICIPAL CO* E (TMC) TITLE 17, "SU DIVISIONS AND PLATS"; REENACTING TITLE 17;
TO REMOVE AMBIGUITIES, IMPROVE CLARITY, CODIFY INTERNAL POLICIES, AND
REFLECT CHANGES IN STATE LAW; PROVIDING FOR SEVERABILITY; AND
ESTABLISHING AN EFFECTIVE DATE.
Ordinance 2741: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA„
WASHINGTON, REPEALING VARIOUS ORDINANCES AS CODIFIED IN TUKWILA
MUNICIPAL CODE (TMC) TITLE 18, "ZONING"; REENACTING TITLE 18; TO REMOVE
AMBIGUITIES, IMPROVE CLARITY, CODIFY INTERNAL POLICIES, AND REFLECT
CHANGES IN STATE LAW; PROVIDING FOR SERVERABILITY; AND ESTABLISHING AN
EFFECTIVE DATE,
Ordinance 2742: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA
WASHINGTON, REPEALING VARIOUS ORDINANCES AS CODIFIED IN TUKWILA
MUNICIPAL CODE (TMC) TITLE 19, "SIGN AND VISUAL COMMUNICATION CODE"
REENACTING TITLE 19; TO REMOVE AMBIGUITIES, IMPROVE CLARITY, CODIFY
INTERNAL POLICIES, AND REFLECT CHANGES IN STATE LAW; PROVIDING FOR
SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE.
Ordinance 2743: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, AMENDING ORDINANCE NOS. 1331 §19, 1344 §10, 1770 §84, AND 2374 §1,
AS CODIFIED AT TUKWILA MUNICIPAL CODE (TMC) SECTION 21.04,210; TO REMOVE
AMBIGUITIES, CODIFY INTERNAL POLICIES AND REFLECT CHANGES IN STATE LAW:
PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE.
Ordinance 2744: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, REZONING CERTAIN REAL PROPERTY LOCATED AT 6250 S. 151ST
STREET, TUKWILA, FROM LOW DENSITY RESIDENTIAL (LDR) TO MEDIUM DENSITY
RESIDENTIAL (MDR), PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN
EFFECTIVE DATE.
The full text of these ordinances will be provided upon request.
Andy You n , Records Governance Manager/City Clerk
Published Seattle Times: October 24, 2024