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HomeMy WebLinkAboutOrdinance 03-043 Organization, Interpretation, Fee Schedule & Enforcement of Uniform Codes CITY OF SPOKANE VALLEY SPOKANE COUNTY, WASHINGTON ORDINANCE NO. 43 AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, WASHINGTON, RELATING TO THE ORGANIZATION, INTERPRETATION,FEE SCHEDULE AND ENFORCEMENT OF THE UNIFORM CODES ADOPTED BY THE CITY. WHEREAS, following the adoption of the Uniform Codes by the City, it is necessary to provide for administrative matters such as organization, interpretation, permit issuance and enforcement of the Uniform Codes; and WHEREAS, this Ordinance will both provide for the administration of the codes, as well as, their enforcement with the City of Spokane Valley. NOW, THEREFORE, the City Council of the City of Spokane Valley, Washington, do ordain as follows: Section 1. Designation and Responsibility of Building Official. Pursuant to the Uniform Building Code, the Director of the Building Department is designated as the Building Official for the City of Spokane Valley and is authorized to enforce the provisions of the Uniform Codes adopted by the City, as well as, those other regulations, policies and matters that relate to buildings and structures within the City. The Building Official is authorized to take all acts necessary and reasonable in order to implement and enforce the codes and laws relating to buildings and structures. The Building Official in order to perform the duties set forth in the laws referenced herein may, from time to time, issue and record with the Spokane County Auditor's Office Notices of Violation regarding a specific site. Prior to such action, reasonable efforts to gain compliance with the laws of the City have been pursued between the City Building Official and the property owner or his representative. The Building Official shall transmit to the Spokane County Assessor a copy of all permits issued under the Uniform Building Code for construction or alteration of work with a total cost or fair market value in excess of$500.00. Monthly, the Building Official shall transmit a copy of the United States Department of Commerce, Bureau of the Census, Report of Building or Zoning Permits issued and local public construction or equivalent to the Washington State Department of Community, Trade and Economic Development. Section 2. Conflicts Between Codes. In case of conflict between the Building Code, the Mechanical Code, the Fire Code and the Plumbing Code, the first above named code shall govern all those following. In case of conflicts between other codes adopted by the City, the code or provision that is most restrictive, as determined by the Building Official, shall apply. The Building Official in making determinations shall refer to and may rely upon opinions issued by the State Building Code Council. Page 1 CA1Docuntents and Senines\mullcr<Local ScttingsVrempornry Internet Files\01,KI 1\Ordinance No.ORO1Aloe Section 3. Interpretation. Whenever there are practical difficulties or unreasonable hardships created as a result of enforcing any of the laws of the City that relate to buildings or structures, the Building Official may grant modifications on a case by case basis provided the Building Official makes findings stating reasons that make the strict application of the laws (or codes) impractical, that modification complies with the intent and purpose of the laws, does not lessen any fire protection requirements or any degree of structural integrity and does not negate any other health or safety requirement of the City. In making such determinations, the Building Official may rely upon the special expertise, education or knowledge of others including representatives of the property owner. A modification of a standard contained within a uniform code or other law of the City by the Building Official at the request of a property owner or agent, shall not result in any liability or obligation on behalf of the City of Spokane Valley to any person or property. The property ofviner or representative who makes such a request assumes responsibility for all modifications and by making such a request waives any and all claims for costs, damages or expenses that arise from such building or structure modification. Section 4. Modification of Uniform Building Code. The responsibility and authority for developing recommendations for modifying, amending and monitoring the effectiveness of the Uniform Codes, as amended, may be delegated to City Council Committee according to Council Rules. The Council Committee shall work with the City Manager, designated staff and others in order to adopt and maintain the building and construction codes in a manner consistent with the local and State interest. The Council shall periodically review the Uniform Codes, as amended, and modify and amend the same from time to time, as necessary. Section 5. Adoption of Administrative Rules. The City Council recognizes the Uniform Building Code delegates and vests responsibility in the Building Official of the City pursuant to Section 106.4(a) of the Uniform Building Code. In order to perform and exercise the authority and responsibility set forth in the Uniform Building Code, the City Council authorizes the City Manager and designee to promulgate rules,policies and procedures as deemed necessary to carry out the purposes and intent of this ordinance and provide for the efficient operation of the Building Department and permit process. All rules, policies and procedures adopted shall be in writing and be available for public inspection either in the office of the City-Clerk or the Building Official. Section 6. Fee Schedule. All fee schedules relating to permits or expenses associated with buildings and structures shall be established through City Council Resolution. Section 7. Hearing Examiner — Appeal. All appeals of a Building Official determination or appeals authorized by the Uniform Codes as to suitability of alternate materials and methods of construction plus any and other related rulings, interpretations or enforcement actions of the Building Official shall be made to the City Board of Appeals as established by ordinance. Appeals of the findings of the Board of Appeals will be to the Hearing Examiner. Section 8. Violations and Penalties. The violation of any Uniform Code or other law of the City relating to buildings or structures, or the conditions of approval on a permit issued by the City shall be a misdemeanor and shall be punishable, upon conviction, by a fine of not more Page 2 C:1Doeumenu and Settingslrmullee\Local Scttings\Tcmporary Intcmct FilesIOLKI I\Ordinance No.ORGI.doc the City shall be a misdemeanor and shall be punishable, upon conviction, by a fine of not more than $1,000.00 or imprisonment for not more than 90 days, or by both such fine and imprisonment. Section 9. Severability. If any section, sentence, clause or phrase of this ordinance shall be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this ordinance. Section 10. Effective Date. This Ordinance shall be in full force and effect on the official date of incorporation provided publication of this Ordinance or a summary thereof occurs in the official newspaper of the City as provided by law. PASSED by the City Council this 4.5"--day of February, 2003. Ns Mayor, Michael De /le ling C-Th G-1-11-A) AT' Interim City' Clerk, Ruth Muller Approved As To Form: In erin ' ity A r ', Stanle : M. Schwartz Dat f Publication: J1Arcc,l,• Z S Zeb3 Effective Date: • Pace 3 P;1OrdinanceslORG-enforcc,b1dg ord.doc •