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Home My WebLink AboutReg 2013-08-19 Item 7A - Ordinance - 2012 International Property Maintenance CodeCOUNCIL AGENDA SYNOPSIS Initials Meeting Date Prepared by Mayor's review Council review 08/12/13 kas adoption 8/12/13 08/19/13 kas L,d-- ❑ Public Hearing Mtg Date ❑ Other Mtg Date CATEGORY ■ Discussion /1 Ordinance Mtg Date Mtg Date 08/19/13 SPONSOR ❑ Council ❑ Mayor ❑ HR ❑ Finance ❑ Fire ❑ IT ❑ P &R ❑ Police ❑ PWI A DCD ITEM INFORMATION ITEM No. 7.A. 1 STAFF SPONSOR: BOB BENEDICTO ORIGINAL AGENDA DATE: 8/12/13 AGENDA ITEM TITLE 2012 International Property Maintenance Code adoption 8/12/13 ❑ Motion Mtg Date ❑ Resolution Mtg Date ❑ Bid Award Mtg Date ❑ Public Hearing Mtg Date ❑ Other Mtg Date CATEGORY ■ Discussion /1 Ordinance Mtg Date Mtg Date 08/19/13 SPONSOR ❑ Council ❑ Mayor ❑ HR ❑ Finance ❑ Fire ❑ IT ❑ P &R ❑ Police ❑ PWI A DCD SPONSOR'S Adoption of the 2012 edition of the International Property Maintenance Code SUMMARY REVIEWED BY ❑ COW Mtg. ❑ Utilities Cmte DATE: 07/22/13 // CA &P Cmte ❑ F &S Cmte ❑ Transportation Cmte ❑ Parks Comm. ❑ Planning Comm. COMMITTEE CHAIR: EKBERG ❑ Arts Comm. RECOMMENDATIONS: SPONSOR /ADMIN. COMMITTEE Department of Community Development Unanimous Approval; Forward to Committee of the Whole COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $0 $0 $0 Fund Source: N/A Comments: MTG. DATE RECORD OF COUNCIL ACTION 8/12/13 Forward to the next Regular Meeting MTG. DATE ATTACHMENTS 8/12/13 Informational Memorandum dated 07/08/13 Ordinance in Draft Form Minutes from the Community Affairs and Parks Committee meeting of 7/22/13 8/19/13 Informational Memorandum dated 8/14/13 Ordinances with changes noted (approved by Council President & CAP Chair) 1 2 City of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM TO: Mayor Haggerton Community Affairs and Parks Committee FROM: Jack Pace, Community Development Department Director BY: Bob Benedicto, Building Official Kathy Stetson, Code Enforcement Officer DATE: August 14, 2013 SUBJECT: International Property Maintenance Code, 2012 edition /CORRECTED ISSUE During review of the final ordinance for adoption by the Council, it was determined that a version error had occurred. BACKGROUND The version of the ordinance that was reviewed by Community Affairs and Parks Committee on July 22, 2013 and by the Committee of the Whole on August 12, 2013, contained non - substantive changes regarding certain additions and deletions. A corrected version of the ordinance is presented here highlighting the corrections. DISCUSSION The changes include: • Revised language referring to the availability of IPMC for public review in the Department of Community Development. • Added language deleting references to the International Plumbing Code and the International Zoning Code in two places. The City, instead, has adopted the Uniform Plumbing Code and the Uniform Plumbing Code Standards, 2009 edition, in TMC 16.04.020(3). The City has adopted its own Zoning Code contained in TMC Chapter 18. • Deletion of "The remainder of IPMC Section XXX.X shall remain in effect as currently adopted" language in three places. This language was determined to be extraneous and unnecessary. The remainder of the ordinance adopting the 2012 International Property Maintenance Code stands as reviewed by the Committees. FINANCIAL IMPACT None RECOMMENDATION Staff recommends moving forward with adoption of the corrected ordinance at the August 19, 2013 Regular meeting since the changes are not substantive. The ordinance can also be returned to the Community Affairs and Parks Committee if that is the desire of the Council. ATTACHMENTS Ordinance with changes outlined 3 4 The strike - through and underline verbiage shown throughout this ordinance reflect the differences between the incorrect version of this ordinance that was included (by accident) in both the 7 -22 -13 CAP and the 8 -12 -13 C.O.W. agenda packets. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ADOPTING THE 2012 EDITION OF THE INTERNATIONAL PROPERTY MAINTENANCE CODE; REPEALING ORDINANCE NO. 2057; REPEALING ORDINANCE NO. 2402 §2 (PART), AS CODIFIED AT TUKWILA MUNICIPAL CODE SECTION 16.04.020, SUBPARAGRAPH 7; 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 2012 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, HEREBY ORDAINS AS FOLLOWS: Section 1. International Property Maintenance Code Adopted. Tukwila Municipal Code (TMC) Section 8.28.020, is re- enacted to read as follows: 8.28.020 International Property Maintenance Code Adopted. A. The City of Tukwila hereby adopts by reference, as if fully set forth herein, the 2012 edition of the International Property Maintenance Code ( "IPMC "), as published by the International Code Council and as amended in TMC Section 8.28.020.B, 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. A copy of the adopted IPMC is on file in the Department of Community Development of the City of Tukwila for public use. W: Word Processing \Ordinances \Int'I Property Maint Code -2012 strike -thru showing differences 8 -14 -13 KS:bjs Page 1 of 5 5 B. The City of Tukwila hereby adopts the following changes to the IPMC as adopted in TMC Section 8.28.020.A: 1. IPMC Section 101.1 shall reflect that the name of the jurisdiction is the City of Tukwila. 2. Reference to the International Plumbing Code is hereby deleted from IPMC Section 102.3. The last sentence of IPMC Section 102.3 is hereby deleted in its entirety. 3. The first sentence of IPMC Section 102.7 is hereby amended to read as follows: The codes and standards referenced in this code shall be those that are listed in Chapter 8, as herein amended per subparagraph 15, and considered part of the requirements of this code to the prescribed extent of each such reference and as further regulated in Sections 102.7.1 and 102.7.2. 4. IPMC Section 103.5 {Fees) is hereby repealed in its entirety. 5. 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 TMC 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 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 time and with interest at such rates and in such manner as provided for in RCW 84.56.020. 6. IPMC Section 112.4 is hereby repealed in its entirety. Enforcement shall be according to TMC Chapter 8.45. 7. References to "International Plumbing Code" and "International Zoning Code" are hereby deleted from IPMC Section 201.3. follows: 8. The following definitions shall be added to IPMC Section 202 {Definitions) as "Department of Property Maintenance" is deemed to refer to "Code Enforcement Section." "Code Official" is deemed to refer to "Building Official." W: Word Processing \Ordinances \Int'I Property Maint Code -2012 strike -thru showing differences 8 -14 -13 KS:bjs 6 Page 2 of 5 9. 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. 10. The first sentence of IPMC Section 303.2 (Enclosures) is hereby amended to read as follows: Private swimming pools, hot tubs and spas containing water more than 24 inches (610 mm) 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 shall deleted- 11. The first sentence of IPMC Section 304.14 (Insect screens) is hereby amended to read as follows: 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 mm) and every screen door used for insect control shall have a self - closing device in good working condition. The remainder of IPMC Section 304.14 shall remain in effect as currently adopted, 12. A new section is hereby added as follows: 404.8 Dwelling Unit. Every dwelling unit as defined in Section 202 and pursuant to Section 404.7 shall be provided with a kitchen sink, cooking appliances, and refrigeration facilities, with a minimum clear passageway of 36 inches (914 mm) between counterfronts and appliances or counterfronts and walls. Light and ventilation conforming to this code shall be provided. W: Word Processing \Ordinances \Int'I Property Maint Code -2012 strike -thru showing differences 8 -14 -13 KS:bjs Page 3 of 5 7 13. The first sentence of IPMC Section 602.3 {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 units or sleeping units, 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 than 68° (20 °C) in all habitable rooms, bathrooms, and toilet rooms. The remainder of IPMC Section 602.3 shall remain in effect as currently 14. The first sentence of IPMC Se ction 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. 15. References to "International Plumbing Code" and "International Zoning Code" that appear in the index of Chapter 8 are hereby deleted. Section 2. Repealer. Ordinance No. 2057 is hereby repealed. Section 3. Repealer. Ordinance No. 2402, as codified at TMC Section 16.04.020, subparagraph 7, "The International Property Maintenance Code, 2009 Edition" (an outdated reference), is hereby repealed. Section 4. 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 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 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 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 days after passage and publication as provided by law. W: Word Processing \Ordinances \Int'I Property Maint Code -2012 strike -thru showing differences 8 -14 -13 KS:bjs 8 Page 4 of 5 PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of , 2013. ATTEST /AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk APPROVED AS TO FORM BY: Shelley M. Kerslake, City Attorney Jim Haggerton, Mayor Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: W: Word Processing \Ordinances \Int'I Property Maint Code -2012 strike -thru showing differences 8 -14 -13 KS:bjs Page 5 of 5 9