LUTC PKT 04-05-1999
~
I
City of Federal Way
City Council
Land Use/Transportation Committee
April 5, 1999
5:30 pm
City Hall
Council Chambers
MEETING AGENDA
1.
CALL TO ORDER
2.
APPROV AL OF MINUTES
3.
PUBLIC COMMENT (3 minutes)
4.
COMMISSION COMMENT
5.
BUSINESS ITEMS
A.
Fire Code Amendment
c.
1999 Grant Applications for Transportation
Projects Update
Action Gaviglio/20 min
Action Nordby/30 min
Information Miller/1 0 min
Action Pratt/5min
B.
Junk Car/Noise/Civil Citation Code Amendment
D.
New 14,000 GVW Cab-over Flat Bed Dump
Truck Purchase
6.
FUTURE MEETING AGENDA ITEMS
SWManagement/Dept of Ecology Ordinance &
Manual Package
Open Cut of ROW vs Boring
Sign Code Update
Endangered Species Act Update
RTA Process
Northwest Church Channelization Request
7.
ADJOURN
Committee Members:
Phil Watkins, Chair
Jeanne Burbidge
Mary Gates
City Staff:
Stephen Clifton, Director, Community Development Services
Sandy Lyle, Administrative Assistant
253.661.4116
IILU- TRANSIAPR5LUTAGN
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èity of Federal Way
City COWlCil,
Land UsçJ'f¡'anspo~tion €mn~ttee
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Council Cb~s
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March 15';: 1999'
5:30pm ,,',
SUMMARY
In attendance: Committee members Phil Watkins (Chair), Mary Gates and Jeanne Burbidge; Council Member Linda
Kochmar; Director of Community Development Services Stephen Clifton; Public Works Director Cary Roe; City Attorney
Londi Lindell; Deputy Director of Community Development Services Kathy McClung;Assistant City Attorney Bob Sterbank;
Surface Water Manager Jeff Pratt; Traffic Engineer Rick Perez; Project Engineer Marwan Salloum; Administrative
Assistant Sandy Lyle.
1. CALL TO ORDER
The meeting was called to order at 5:30pm by Chairman Phil Watkins.
2. APPROVAL OF MINUTES
The minutes of the February 1, 1999, meeting were approved as amended. A typographical error appeared in item #3.
3. PUBLIC COMMENT
Rick Scott, a resident of a neighborhood just off South 312th Street, spoke about the need to reduce the speed limit on
South 312th between 1st and 8th Avenues SW. He stated that traffic routinely exceeds the posted 35 mph speed limit
creating an unsafe situation for school children, church parishioners, ducks and geese. He felt that a reduction in the
speed limit would reduce the number of rear-end collisions on the street which has many driveways. His concerns were
referred to Rick Perez for review.
4. COMMISSION COMMENT
There was no additional comment from any of the City Commissions.
5. BUSINESS ITEMS
Chair Watkins called the Committee and key staff into Executive Session, to last no more than 30 minutes.
A. Star Lake Drainage Proposal - The SeaTac Mall Detention project stalled again this year because of soil
contamination issues and continuing easement negotiations within the SeaTac Mall area property owners. Surface
Water Management (SWM) asked for permission to accelerate the Star Lake Basin Drainage Improvements by one
year. In the interim, staff proposed that the City enter into an Interlocal Agreement with the Highline Water
District to reduce public disruption caused by having Star Lake Road tom up for two consecutive years, this year
for Highline Water District to install a new water main and next year for the City to install improvements to the
drainage system at Star Lake. The request consists, in effect, of a request for Council authorization to reprioritize
the project construction schedule. Total estimated budget for the Star Lake Drainage project is $895,315, including
contingency, for both design and construction. The Committee m/s/c recommendation of approval to the City
Council at its April 6, 1999, meeting.
B. Traffic Maintenance Discretionary Contract - The Committee m/s/c recommendation of approval to the City
Council at the April 6, 1999, meeting of the Citywide Pavement Marking and Channelization contract. The lowest
quote was received from Stripe Rite, Inc. for $16,240 for basic pavement marking services. In addition, staff
estimates $20,000 to be used for discretionary work orders involving pavement marking, speed humps, curbing and
raised islands. Total contract amount is equal to $36,240 and is included in the 1999 operating budget.
C. Stream Inventory Update - Sheldon & Associates have completed all of the field work for the wetland inventory.
The information is being digitized and will be available in about a month. Once staff has had a chance to review
the information, the sensitive area ordinance will return to the Land Use/Transportation Committee for action with
a recommendation to adopt. The changes regarding streams are a step in the right direction but staff recommends
adding stream definitions and setbacks to the code revision list for future amendments.
D. Adult Entertainment Ordinance - The Committee m/s/c recommendation of approval to the City Council of the
Adult Entertainment ordinance at its April 6, 1999, meeting as presented to the Planning Commission on February
1, 1999. It was agreed that the effective date of the ordinance was February 1, 1999.
6. FUTURE MEETINGS
The next meeting will be held at 5:30pm in City Council Chambers on Monday, April 5, 1999.
7. ADJOURN
The meeting was adjourned at 6:45pm.
I:\LU- TRANS\MAR15LUT. WPD
31617 1 st Avenue South
Federal Way, Washington 98003-5201
~
FEDERAL WAY FIRE DEPARTMENT
To:
From:
Subject:
Date:
Land Use and Transportation Committee
Greg Brozek, Assistant Fire Marshal, Federal Way Fire Department
1997 Uniform Fire Code Adoption and FWCC Updates
March 30, 1999
Attached is a copy of a proposed ordinance intended to:
. adopt the Washington State amended 1997 Uniform Fire Code as
required by state law
. adopt nine local amendments to the Uniform Fire Code
. reinstate modified definition and requirements for high-rise buildings
. clean up redundant language in Chapter 8 of the Federal Way City Code
(FWCC). The following summarizes what is contained in the ordinance.
Adoption of the State BuildinQ Code (UFC)
The state adoption of the amended codes became effective July 1, 1998. The
Federal Way Fire Department and the City have been enforcing the new code as
required by state law since that date. However, the City has not formally adopted
the code. As part of this ordinance, language has been added to the FWCC that will
automatically adopt the current state adopted code eliminating the need to amend
the FWCC every three years to keep current with state law.
Local Amendments of the State BuildinQ Code (UFC)
Cities have the authority under state law to adopt local regulations without approval
by the State Building Code Council as long as it does not affect residential
construction of four dwelling units or less. The first through fourth new local
amendments in this ordinance fit this classification? The fifth through ninth new
local amendments in this ordinance would apply to all new construction.
The first and third local amendments proposed by this ordinance do not adopt
State amendments to 103.2.1.1 General and 7404.2.3 Medical gas systems.
. The State amendments exempt medical gas systems from the storage,
use and handling requirements of Article 74 - Compressed Gases.
. The City code does not contain provisions for requirements of medical'
gas systems. The UFC requires medical gas systems to comply with
Phone: (253) 839-6234 or 927-3118
E-mail: info@fwfd.bess.net
An Equal Opportunity Employer
Fax: (253) 946-2086
Article 74 - Compressed Gases. Medical gas systems have been governed
by the UFC for the past several editions.
The second local amendment proposed by this ordinance does not adopt a State
amendment to 1109.8.3 Religious ceremonies.
. The State amendment eliminates the requirements in the UFC that state
" When, in the opinion of the chief, adequate safeguards have been
taken," and "Handheld candles shall not be passed from one person to
another while lighted."
. The UFC allows participants in religious ceremonies to carry handheld
candles when, in the opinion of the chief, adequate safeguards have been
taken. Additionally, the UFC does not allow handheld candles to be
passed from one person to another when lighted.
The fourth local amendment proposed by this ordinance does not adopt State
amendments to 7802.2 Seizure of Fireworks. through 7802.4.9.8.10 Record.
. The State amendments eliminate the provisions in the UFC for seizure of
fireworks and requirements of fireworks displays.
. The City code does not contain provisions for seizure of fireworks. The
City code does contain some requirements for fireworks display. The
UFC provides for seizure of fireworks and provides additional
requirements for fireworks displays.
The fifth through the eighth local amendments proposed by this ordinance do not
adopt State amendments to 901.2.2.1 Fire apparatus access. 901.4.2 Fire
apparatus access roads. 902.1 General and 902.2 Fire Apparatus Access
Roads. throuQh 902.2.4.1 Obstruction and control of fire apparatus access.
. The State amendments do not adopt, or in the case of 902.1, change the
requirements for fire apparatus access roads. The State amendment
refers to locally adopted street, road, and access standards.
. The City code does not contain provisions for requirements of fire
apparatus access roads. In the unincorporated area of King County that
the Federal Way Fire Department covers, fire apparatus access roads
must comply with the provisions in the UFC. Fire apparatus access roads
in the City have been governed by the UFC for the past several editions.
The ninth local amendment proposed by this ordinance does not adopt a State
amendment to 7902.1.7.2.4 Tanks abandoned in place.
. The State amendment allows residential heating oil tanks of 1,100 gallons
or less to be abandoned in place without being filled with an approved,
inert solid material.
.
The UFC requires that residential heating oil tanks be filled with an
approved, inert solid material. The tanks are buried in the ground at
different levels. At some point in time, the tanks will fail and the ground
around the tanks is subject to collapse.
Reinstate Modified Definition and Requirements for HiQh-Rise BuildinQs.
The initial version of the City code contained provisions that modified the Uniform
Building Code and required buildings that were seven or more stories in height to
meet the requirements for high-rise buildings (see attached).
These modifications to the UBC were a result of meetings between the Federal
Way Fire Department and City staff. As I recall, criteria that was considered in
making those modifications included 1) the need to provide a reasonable degree of
safety to the occupants of these buildings, 2) the capabilities (personnel and
equipment) of the Fire Department to deal with emergencies in these buildings and
3) the fact that the majority of jurisdictions in this immediate area consider a
building to be a high-rise when the building height reaches six or seven stories.
Some years later, these high-rise requirements were removed from the City code.
It is very possible that these requirements were inadvertently removed. The Fire
Department was not consulted.
The reasons the modifications were made to the City code initially are still as
relevant and reasonable today as they were then.
FWCC HousekeepinQ Amendments
.
Create "perpetual adoption I language
Update code references to the Uniform Fire Code
Update state code references to match 1997 state code adoption?
Eliminate FWCC language already contained within the body of adopted
Uniform Codes
Change references to King County Fire District No. 39 to Federal Way
Fire Department.
.
.
.
.
Fire Department/Staff Recommendation
The committee recommends to the full council adoption of this ordinance amending
Chapter 8 of the Federal Way City Code as recommended by the Federal Way Fire
Department and City Staff.
"
following words appear in the codes and
regulations adopted by this title, they shall
be interpreted as follows:
.,'
f
1..
"Administrative
official";
authority"
as
"building
2.
"Chief," "Fire Chief," or IIChief of the
Bureau of Fire Prevention" as "Fire Chief
of the King County Fire District No. 39";
3.
"corporation counsel" as "City Attorney";
4.
"city Treasurer", as "Director
Administration and Finance";
of
5.
"Local Zoning Code" as
Federal. Way Zoning Code";
the
"city
of
6.
"Municipality". and "jurisdiction". as "the
City of Federal Way".
Whenever reference is made to local authority,
codes, jurisdiction and similar concepts within
the codes adopted by this title, interpretation
shall render such reference applicable to the
applicable city designation, jurisdiction and
authority.
~ .
Section 6.
There is hereby created a new Chapter 15.08
of the city of Federal Way Municipal Code to be known as Buildinq
Code.
Section
7.
There
is
hereby
created
a
new
section
15.08.010
Buildinq
Code
adopted
of
the
city
of
Federal
Way
Municipal Code to read as follows:
15.08.010 Buildinq Code adopted. The Uniform
Building Code (UBC), (:l:;:'~8:"~9~.'Ëi;;§Jr;! including
Appendix Chapters 11 ~ .(Agr~cu1ture Building),
12, Division II (Residential for Impaired
Persons), 32 (Reroofing), 49 (Patio Covers), 55
(Membrane Structures), 57 (Regulations
Governing Fallout Shelters) and 70 (Excavation
and Grading), and the Uniform Building Code
Standards, 1988 Edition, both as published by
the International Conference of Building
Officials, are adopted by this reference as if
t.
DASOl16601
-3.-
. .
storage or la\lndry rooms that are wi thin
Group R division 1 occupancies that are
used in common by tenants shall be
separated from the rest'of the building by
not less than one-hour tire-resistive
occupancy separation.
For Group R Division 1 occupancies with a
Group B division 1 parking garage in the
basement or first floor, see section
702 (a) .
For attic. space partitions
stops, see section 2516(f).
and
draft
Exterior and. interior doors and windows
opening onto a common corridor, stairway
or similar area serving 5 or more dwelling
units shall be protected as specified in
Section 3305(h).
Section
is
There
hereby
created
16.
a
new
15.08.100 UBC section 1807
')
section
amended of the City of Federal Way
Municipal Code to read as follows:
15.08.100 DBC section 1807 amended. The title
of Section 1807 of the Uniform Building Code is
amended to read as follows:
~('S~~~1i~~B9~!,2!i~2ßl~~BUILDINGS,SEVEN ,"
k9R,MORE;',STO~IEs.INJiEIGH~ .
section
is
There
hereby
created
17.
a
new
......
section
15.08.110 UBC sèction 1807(a) amended of the City of Federal Way
Municipal Code to read as follows:
15.08.110 DBC section 1807(a) amended.
section 1807(a) of the Uniform Building Code is
amended to read as follows:
f¡~,~'S, eèt, io",n:;',/';iJ.80"',,',,7,.,, "a;:[~);,',,~~,;Sc, 0 "ê.r(~t~~<:j.{)r'~,.'"This'I"',sec,tion..
~~-':~£<1J>l? Y~;", ~;;ø {.,~_..!.n<;l.S.1seý'~n'~'or'~:ñiore.~.
,~stor~' es ';;; in" '"e.,~'.i", ,sych:::,bul.'1ã1ñÇfS:':šñâ'l"1
r . ,--..... . ..,- '_r
~~R!".?~;1_,_e. ;¿ ~~~,.- ,~~R '~\a-P1ar2:.~e?,-.!E!~~~.e::./
l~v~:~~ltl.j1.n ,:,accprdance ,,}tlJ.t,hXS~~t~gA.:~!3~.?Jc::.J.~¡,
section
is
created
a
new
hereby
There
18.
DAS0116601
-8-
section
.'
15.08.120 UBC section 1807(q) amended of the City of Federal Way
Municipal Code to read as follows:
r:
15.08.120 DEC section. 1807 (q) amended.
section 1807(g) of the Uniform Building Code is
amended to read as follows:
Section 1807(q) Smoke Control. Natural
or mechanical ventilation for the removal
of products of combustion shall be
provided in every story and shall consist
of one of the following:
~.
;;¡¡ .
(,
DASO116601
1.
Panels or windows in the exterior
walls which can be opened remotely
. from an. approved location other than
the fire floor. Such venting
facilities shall be provided at the
rate of 20 square feet per lineal
feet of exterior wall in each story
and shall be distributed around "the
perimeter at not more than fifty (50)
foot intervals. Such windows or
panels and their controls shall be
clearly identified.
2.
When a complete and approved
automatic sprinkler system is
installed, the mechanical air-
handling equipment may be designed to
accomplish smoke removal. Under fire
conditions, the return and exhaust
air shall be moved directly to the
outside without recirculation to
other compartments of the building.
The exhaust air-handling system shall
provide a minimum of one exhaust air
change each ten (10) minutes for the
compartment involved. provisions
shall also be made in the air-
handling system to provide positive
air pressure in the unaffected
compartments on the fire floor in
addition to providing positive air
pressure on the floor above and below
the fire floor. . The positive
pressure air-handling system must be
capable of maintaining a positive
pressure of 0.05 inch of water
column. The air intake(s) shall be
located to minimize the possibility
-9-
. ,
of smoke intake.
3.
Any other approved design which will
produce equivalent ~esults.
section
is'
a
new
hereby
created
There
19.
'-
)
section
1907
amended of the city of Federal Way
15.08.1.30 UBC section
Municipal Code to read as follows:
1.5.08.130 UBC section 1907 amended. The title
of Section 1907 of the Uniform Building Code is
amended to read:
~,'~'h,-~~~Çi,A~~)~Jl0,.' VIS:r,O"JIS ,,',,~fOR.t~!:!....," ",L, B,.~"I",It9~,1!g~~'-~,~~~~.\-, /
t~RJH9RE.:.:STORIES;.!IN';'~IGH'r~.)~t~5':; , ,
¡.""""~~"""" ".Co"" """"""""'V""c""'.",M'."""""~,_,,,,,.',,,,,..,
Section
is
There
hereby
20.
created
a
new
section
1.5.08.140 UBC Section 2905(f) amended of the City o~ Federal Way
Municipal Code to read as follows:
15.08.1.40 UBC section 2905(f) amended.
section 2905(f) of the Uniform Building Code is
amended to read as follows:
Section 2905(f) Drainage. provisions
shall be made for the control and drainage
of surface water around buildings.
Adequate provisions shall be made to
insure that underfloor spaces remain free
of running or standing water by the
installation of drains. As a minimum,
such drains shall be installed around the
perimeter of the building at the
footings. Additional drains may be
sufficient size to adequately convey water
to an approved location, but shall be a
minimum size of 4 inches. provisions
shall be made to prevent the drainage
system from becoming blocked with soil.
section
is
created
hereby
There
21.
a
new
~
section
15.08.1.50 UBC Section 3202
amended of the city of Federal Way
Municipal Code to read as follows:
DAS011.6601
..-.-
The first
1.5.08.150
UBC section 3202 amended.
-10-
,--.----- '..- ."....---.--..
"
"
ORDJNANCE NO. 99--
AN ORDJNANCE OF THE CITY COUNCIL OF THE CITY OF
FEDERAL WAY, WASHINGTON, AMENDJNG CHAPTER 8
OF THE FEDERAL WAY CITY CODE AND ADOPTING THE
1997 UNIFORM FIRE CODE. (AMENDING ORDINANCES
NOS. 90-33,92-127, AND 92-143)
"WHEREAS, the City of Federal Way is required by RCW 19.27.031 to adopt the State of
Washington Uniform Fire Code as adopted or amended by the State Building Code Council~ and
WHEREAS, the Federal Way City Council adopted the Uniform Fire Code on 2/13/90 and
6/16/92, in Ordinance Nos. 90-33 and 92-143~ and
i
;.
WHEREAS, In 1998 the State Building Code Council adopted the International Fire Code
Institute's ("IFCrs") 1997 Uniform Fire Code, which superseded the 1994 Uniform Fire Code, and
required that Washington cities and counties adopt the 1997 Code~ and
WHEREAS, the Federal Way City Council is authorized by the Federal Way City Code
(IIFWCC") to adopt amendments to the FWCC~ and
ORD#
, PAGE 1
..
~,
WHEREAS, the Federal Way City Council is authorized by RCW 19.27.040 to adopt
amendments to the Unifonn Fire Code, so long as the Fire Code's minimum performance standards
and the objectives ofRCW 19.27.020 are not diminished; and
WHEREAS, on AprilS, 1999, the City Council's Land Use and Transportation Committee
considered adoption of the IFCrs 1997 Urúform Fire Code, with amendments, and moved to forward
the Code and amendments to the full City Council; and
WHEREAS, on - and
, 1999, the City Council considered proposed changes
to Chapter 8 of the FWCC, relating to adoption with amendments of the IFCI 1997 Uniform Fire
Code, and determined that adoption is necessary to protect the public health, safety and welfare;
NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES HEREBY
ORDAIN AS FOLLOWS:
Section 1.
The index to Chapter 8 of the Federal Way City Code is amended as follows:
Chapter 8 FIRE PREVENTION AND PROTECTION*
Article I. In General
Sec. 8-1. ((Interpretation)) Purpose
Sec. 8-((t))2. Interpretation.
ORD#
, PAGE 2
- ._.__.,---~_. ...¿:c
Sec. 8-3. Smoking areas
Sec. 8-4. Alteration repairs addition to building
Sec. 8-5. Fire protection of high-rise buildings
Secs. 8-«2»Q--8-25. Reserved.
Article II. Standards
Division 1. Generally
Secs. 8-26--8-35. Reserved.
Division 2. Administration
Sec. 8-36. Authority to adopt rules and regulations.
«SeG. 8-37. Deviations.»
Sec. 8-3«8»1. Additional conditions.
Sec. 8-3«9»,8,. Liability.
Sec. 8-«46»39. «Appeals) Uniform Fire Code section 103.1.4 amended- Board of Appeals.
Secs. 8-4«+»Q--8-50. Reserved.
Division 3. Fire Code
Sec. 8-51. Code adopted.
Sec. 8-52. Amendments.
Sec. 8-53. New materials, processes or occupancies which may require permits.
Sec. 8-54. Structures over water.
Secs. 8-55--8-65. Reserved.
Division 4. Fire Alarms and Sprinkler Systems
Sec. 8-66. Definitions.
ORD#
, PAGE 3
".'.""".__00""-.--"" "
«Sec. 8-67. Purpose».
Sec. 8-6«&»1. Life safety/rescue access.
Sec. 8-6«9»~. Fire detection system.
Sec. 8-«W»69. Installation.
«So(,. 8-71. Alterations, rcpai15 And Additions to buildings.»
Sees. 8- 7«2».Q--8-90. Reserved.
Article ID. Smoke Detectors
«Sec. 8-91. DefmitioI1s.»
«Sec. 8-92. TInrorcenlent»
«Sec. 8-93. renalty.»
«Sec. 8-94. Non:liability of city.»
«Sec. 8-95. IhstaHation required.»
Sec. 8-9«6»1. Testing and maintenance.
Sec. 8-9«(9»2. Transfer of dwelling unit.
Sec. 8-9«&».1. Removal or tampering.
Secs. 8-9«9)H--8-120. Reserved.
Article IV. Fireworks
Division 1. Generally
Sec. 8-121. Definitions.
Sec. 8-122. Findings offact.
Sec. 8-123. lmplementatio~ of statutes.
ORD#
, PAGE 4
.. "'" '-"--H.
Sec. 8-124. Enforcement.
Sec. 8-125. Exception.
Sec. 8-126. Sale of fireworks unlawful.
ù
Sec. 8-127. Possession, use and discharge of fireworks unlawful.
Sec. 8-128. Use of fireworks in public parks and on public land.
Sec. 8-129. Special effects for entertainment media.
Secs. 8-130--8-140. Reserved.
Division 2. Permits
Sec. 8-141. Required display of fireworks.
Sec. 8-142. Application for public display permit.
Sec. 8-143. Permit fees.
Sec. 8-144. Issuance; nontransferable; voiding.
Secs. 8-145--8-170. Reserved.
Division 3. Fireworks Display Regulations
Sec. 8-171. Compliance.
Sec. 8-172. State-licensed pyrotechnician required.
Sec. 8-173. Permit required; contents.
Sec. 8-174. Plan view of site.
Sec. 8-175. Reinforcement of fire protection by city units.
Sec. 8-176. Removal of debris, trash.
Sec. 8-177. Disposal of undischarged fireworks.
Sec. 8-178. Fire extinguishers, blanket required.
ORD#
,PAGES
. "....." ,-.-...,--.......---
Sec. 8-179. Revocation of permit.
Sec. 8-180. Areas of public access.
Section 2.
Chapter 8, Article I, of the Federal Way City Code shall be amended as follows:
Sec. 8-1. «Int~1 pi dation» Purpose.
The purpose of this chapter is not to create or otherwise establish or designate any
particular class or group of persons who will or should be especially protected or benefitted by the
terms of this chapter.
Sec. 8-«t» ~. Interpretation.
(a) Whenever the following words appear in the codes and regulations adopted by this
chapter, they shall be interpreted as follows:
-?;
(1)
(2)
Chief, fire chief or chief of the bureau of fire prevention shall mean the fire chief
Administrative authority shall mean the building official.
ofthe «(Kihg County Pire District No. 39» Federal Way Fire Department.
(3)
City treasurer shall mean the director of administration and finance.
(4)
Corporation counsel shall mean the city attorney.
ill
High-rise buildings shall mean all buildings seven or more stories or having floors
used for human occupancy located more than 55 feet above the lowest level offire
department vehicle access
,-
«f51» (Q)
Municipality and jurisdiction shall mean the City of Federal Way.
«t6J» ill
Board of appeals shall mean the hearing examiner appointed by the city.
) PAGE 6
ORD#
'-.' - "-<w,~,u".."~."-"...~.",...-,...-.._-...._.,,--,,,,...-._..~-~---
(b) Whenever reference is made to local authority, codes, jurisdiction and similar concepts
within the codes adopted by this chapter, interpretation shall render such reference applicable to
the applicable city designation, jurisdiction and authority.
Sec 8-3. Smoking Areas.
The fire chief is empowered and authorized to order the owner or occupant in writing to
designate smoking and nonsmoking areas and to post those areas with appropriate signs as
defined and required in RCW 70.160 as it relates to the Washington Clean Indoor Air Act.
Sec 8-4. Alterations. repairs and additions to buildings.
The provisions of this chapter shall apply to all buildings which are altered or repaired one
or more times during any 70-month period. where the value of the alterations or repairs during
that period exceeds 50% ofthe building's assessed value as determined by the King County
Auditor as of the date the first permit application for such alterations or repairs is submitted to the
City. Any addition to an existing structure shall be considered new construction subject to the
provisions of this division.
Sec 8-5. Fire protection of high-rise buildings.
High-rise buildings shall be provided with fire protection systems in accordance with
Uniform Building Code sections 403.2 through 403.10 and Uniform Building Code Chapter 9 as
adopted by the Federal Way City Code.
Sees. 8-«2»~-8-25. Reserved.
ORD#
, PAGE 7
Section 3.
as follows:
,. , .. -." ""'-'" ,.. .....-- - "'_'-_0'-
Chapter 8, Article ll, Division 2, of the Federal Way City Code shall be amended
DIVISION 2. ADMINISTRATION*
Sec. 8-36. Authority to adopt rules and regulations.
(a) The city shall adopt rules and regulations for the implementation of this article,
including:
(1)
(2)
(3)
ORD#
Procedures to assure that building pemùts for structures confonn to the
requirements of this article.
Procedures to assure that these standards shall be reviewed as part of the
subdivision, planned unit development, rezone, conditional use and unclassified use
pemùt processes.
Procedures to assure that a report of fire protection impacts is submitted in all
cases where a proposed structure or land use is regulated.
, PAGE 8
«(4)
StandArds published by the National Fit e l'roteGtioh AssoGÏa:tion including A
standcUd known A5 NFrA DR to ~e Applied to All Rl occupanGÏes.»
«t5))(4) Procedures to allow for hydrant spacing requirements to be relaxed by as much
as 50 percent pursuant to the Uniform Fire Code, except where such allowances
would unreasonably reduce fire protection to the area or structures served.
«(G)
Procedures for automatic fire extihguishin~ systems which shall indiGate the type
ð.hd configulAtion of systcm~ based 011 OCcapð.hCY and shall be developed £rOtI1
nationalJ:y recognized stahdaros.»
(b) No less than one copy shall be available for public inspection and review in the fire
department office or the building department. The city may offer the rules and regulations for sale
for a reasonable cost to cover printing and handling.
«Sec. 8-37. D~ iations.
The me chief and buildihg official or desi~nee shall have the mthority to approve
dG~ iations Ii om the standcU ds est.rolished pl1lSuAnt to this article w hen it is show n that the
devið:tioh would not unreason.rory reduce fire ploteGtion to the area or structurcs s~lVcd.»
Sec. 8-3«8»1. Additional conditions.
ORD#
, PAGE 9
","...~_....""...."., ...... ",,-- "
(a) All condominiums shall have the following wording in the recorded declaration of
covena.."1ts and a copy of the document shall be provided to the fire chief and the building official:
(1)
In the event that any unit should be equipped with a sprinkler system, nothing shall
be hung from the sprinklers comprising a part of the system nor shall any such
sprinklers be painted, covered, or otherwise changed, tampered with or altered.
(2)
Prior to any alteration, amendment, modification or change thereof, the owners or
their agents will submit such proposed alteration, amendment, modification or
change to the fire chief or designee for approval and agrees to comply with all
applicable sprinkler requirements.
«(b) The rue chief 01 designee retains the AUtll0Üty undel section 10.JO1(b) of the
Unifulm fiIe Code to impose Additional conditions, including but hot limited to Ïncleð.5cd
setbacks, use of fire retardant materials or standpipes where detennined hecessary to mitigate
idelá¡fied fire protection impacts.»
Sec. 8-3«9»~. Liability.
(a) The express intent of the city council is that responsibility for compliance with the
provisions of this article in regard to fire protection availability to a specific development shall rest
exclusively with the permit applicant and their agents.
ORD#
,PAGE 10
(b) The city council expressly recognizes there are limited public funds available for
implementation and enforcement of the provisions of this article and for the establishment of fire
suppression capability by the fire «distlict))department. The city council also recognizes that the
level of services these public funds can support must be balanced against the economic impact of
the costs for these services. Consequently, the funds appropriated for implementation and
enforcement of the provisions of this article are those which, in the judgment of the city council,
best protect the overall health, safety and welfare interests of the public.
(c) This article shall not be construed as placing responsibility for assuring the adequacy of
fire protection services within the city or any officer, employee or agent of the city, the fire
district, water purveyor, employee or agent of the fire «district))department or water purveyor.
Procedures established pursuant to this article are spot checks designed to foster and encourage
compliances but are not guarantees or assurances that permits or work undertaken pursuant to
permits complies with all applicable provisions of the article. It is the responsibility of the permit
holder to comply with the procedures regarding the adequacy of fire protection service.
Sec.8-«46))39. «Appeals »Uniform Fire Code Section 103.1.4 amended- Board of
Appeals. Section 103.1.4 of the Uniform Fire Code, as adopted by this chapter, is hereby
amended to read as follows:
103. 1.4 Appeals. To detel mine the suitAbility of Mtel l1ate hla:tel iAls and types of
constlUction and to provide for reasonable intetpreta:tions of the provisiohS of this code, tllere
shall b~ and llerch}' is created A bOAld ofappcMs col1sistihg offivc members who Are quaÜfied by
ORD#
, PAGE 11
...,....'.-......",..-"...,,"""""-'-'-' ,........~-
ex:perien(,(, and tl aining to pass judgement upon pel tincnt InattCt s. The chief shaH be an ex: officio
mehlbel Ahd shldl Act M SCGrct41) of tile board. The boald of Aí>pealS shaH be Appohlted by the
ex:ccuti\Je body and sha:ll hold office at then pleasure. The board shall adopt leasonable II1les and
legulations £OJ conducting its investigations MId sha:ll render decisions and findnIgs in wliting to
tIle fire dúef, with a duplicate copy to the appellant. Appeals made from any ruling made under
this article. except for rulings or decisions pertaining to enforcement ohhis article, may be made
to the hearing examiner appointed by the city. Procedural rules concerning appeals shall be as
provided in process ill of Chapter 22, Zoning.
Sec. 8-40. Civil Enforcement
Notwithstanding any provision in this article or in any code adopted hereunder to the contrary,
civil enforcement of the provisions of this article and the terms and conditions of any permit or
approval issued pursuant to this article shall be governed by Federal Way City Code Chapter I,
Article ill, Civil Enforcement of Code. Civil enforcement is in addition to, and does not limit any
other forms of enforcement available to the City including, but not limited to, criminal sanctions
as specified herein.. nuisance and iniunction actions. or other civil actions.
Sees. 8-41-8-50. Reserved.
Section 4.
Chapter 8, Article II, Division 3, of the Federal Way City Code shall be amended
as follows:
DIVISION 3. FIRE CODE
ORD#
,PAGE 12
. "... ,,',
'." "'-'..-< '" "-':,u...';". :,
Sec. 8-51. Code adopted
TIle Unifurm Fire Code (UFC), 1991 Edition, ex:cllldihg artide 78 on fireworks, and
including Appendixes clu~ptel ll-D on prole<;lÌOll of flAm1nAbk or conlbu5llLle liquids in tAnks in
locations thAt may be flooded, chapter ill-D on fir hydrant locations Ahd chapter llI-C on testing
autolllaLÏc sprinkler Mid stMldpipe systems, as publisllcd by the Ildernational Conference of
Duilding Officials and the Western Fire Chiefs AssoGÏation, and as adopted by the state pursuant
to \VAC ch. 51-24, is adopted by refelence as if set forth ill full, subject to the amendments,
additiohS 01 deletions set forth in this article, one copy of which is on. file in tile office of the c.ity
clerk. The pUlpose oftms file code is hot to create 01 othet(.~ise establisll 01 designate Any
particular class or group of persons who will 01 should be especially protected 01 benefited by the
temls of tillS article.
The following code, as amended, added to. or excepted in this chapter, together with aU
amendments and additions provided in this title, is adopted and shall be applicable within the city:
A. The following chapters of the Washington Administrative Code as presently
constituted or as may be subsequently amended:
.L
"1. Chapter 51-44 WAC -- State Building Code Adoption and Amendment of the
1997 Edition of the Uniform Fire Code including appendices Chapters 1-;\ I-C, II-F. 1lI-;\ III-B,
and III-C. State amendments to sections 103.2 1.1, 1109.8.3. 74042,3, and 7802, are adopted
only to the extent that they apply to buildings containing four dwelling units or less; in all other
respects the foregoing state amendments are not adopted. State amendments to sections
ORD#
, PAGE 13
,. .."""""'~""""'-
901.2.2.1,901.4.2 902 1 902.2 through 902.2,4.1 and 7902.1.7.2.4, are not adopted for any
buildings.
~
Chapter 51-45 WAC -- State Building Code Adoption and Amendment of the
1997 Edition of the Unifonn Fire Code Standards
Sec. 8-52. Amendments.
The following amendments to the fire code adopted in section 8-51 are hereby adopted:
(1)
Section 2.303 is amended to I cad as follows.
Section 2.303 \Vhehcver the rue. "hief disapproves ah application 01 lefuses
to giant a pelmit applied for, or when it is c.laimed that the pIOvisions of
the fire "ode do not apply or that the true il1tent and meaning of the fire
code have been lítisGonstrucd 01 wrongly interpreted, the applicant may
appeal the deGÌsion oftll\~ file Gltiefto the buildihg and filc code hearing
examineI appointed by the Gity pUlsnaht to the pi ocedUl es contained in
plocess I of chaptel 22, ZoIting, within 45 days flom the date of the
deGision Appealed.
«(2»)1
Section «11.203»1102.3 is amended to read as follows:
ORD#
,PAGE 14
ORD#
«(3)
«(4))2)
«(5))1)
'-
. ~:j..'
Section «11.20J))1102.3. Open burning prohibited. Open burning within
the city limits is prohibited.
Section 11.502(a) is AtTK.nded by the addition of a IlGvv pAragHlph to read as
fOllows.
The file chiefis ~thpoweted and ð.Utho1ÍL.e;.d to Older the;. owner or occupant
in V9LÏting to designate smoking and nonsmoking arcas and to post thosc
Areas with appIopriate signs as defined and l~qui:red in RGW Title 70 as it
relate;.s to the VI ashingtoh Clean Ail Act.))
Section «14.109))1007.3.3.6.2 is amended to read as follows:
The installation or use of any electric, electronic or mechanical alarm
device which gives automatic notice to the communications center of the
city fire department on emergency or business telephone numbers is
prohibited.
Individuals, agencies or companies may use the special telephone line for
automatic notification when approved by the fire chief. This provision
specifically includes devices utilizing the public telephone system.
Section «77. 1 07(a)))770 1 7 2 is amended to read as follows:
(a) The storage of explosives and blasting agents within the city is
prohibited.
,PAGE 15
c,' C'c .<--,_.~_.. ..-,--'
Exception. The fire chief may issue a special permit for such storage where
it appears in his or her judgment there will be no undue danger to persons
or property.
«(6)
Sc.c.tion 79.501 is ametadcd to read as follows.
SeGtion 79.501. The storage. of Class I and IT flat Ilt t1llblc. liquids in above-
gIOund tatl:k:s oûtsidc. of buildings is plohibited.
Exception. The fire chief tala}' issue a spc.c'ial pCI {nit ful such storage where
it AppeMS in his or hcl judglneht there will be no undae dahgcI to pclsons
01 property.»
((fflH) Section ((82.104(b»)8204.2 is amended by the addition of two new paragraphs to
read as follows:
The aggregate capacity of anyone installation which contains more than
2,000 water gallons of liquefied petroleum gas is prohibited within the city.
Exception. The fire chief may issue a special permit for such storage where
it appears in his or her judgment there will be no undue danger to persons
or property.
ill
Appendix IT-F shall apply to all aboveground flammable and combustible
liquid storage ta~s.
,PAGE 16
ORD#
"'",. .L,
Sec. 8-53. New materials, processes or occupancies which may require permits.
The city manager, the building official and the fire chief shall act as a committee to
determine and specify, after giving affected persons an opportunity to be heard, any new
materials, processes or occupancies which shall require permits, in addition to those now
enumerated in the fire code adopted in section 8-51. The fire chief shall post such list in a
conspicuous place and distribute copies thereof to interested persons.
Sec. 8-54. Structures over water.
No portion of any building or other structure supported by piers or piling and extending
over water shall be more than 250 feet from an improved public street or alley giving access
thereto for fire engines and other firefighting equipment; provided, however, that the foregoing
limitation shall not apply to anyone-story structure used solely for the moorage of boats and
which is:
(1)
Of Type I construction;
(2)
Of Type 2 construction; or
(3)
Having installed throughout the structure an approved automatic sprinkler system.
Sees. 8-55-8-65. Reserved.
Section 5. Chapter 8, Article ll, Division 4 of the Federal Way City Code shall be
amended as follows:
DIVISION 4. FllΠALARMS AND SPRINKLER SYSTEMS*
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,PAGEl?
__h_~"_'----------------
Sec. 8-66. Definitions.
The following words, terms and phrases, when used in this division, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a different
meanIng:
Board of appeals shall mean the hearing examiner appointed by the city pursuant to
process I of chapter 22, Zoning.
Fire detection system shall mean a heat and/or smoke detection system monitored by a
central and/or remote station conforming to the current requirements of the National Fire
Protection Association standards and/or the fire chief or designee.
Fire sprinkler system shall mean an integrated system of piping connected to a water
supply with sprinklers which will automatically initiate water discharge over a fire, conforming to
the current requirements of the National Fire Protection Association standards and/or the fire
chief or designee.
Life safety/rescue access shall mean an unobstructed access to all floor levels and each
roof level of a building on not less than 20 percent of the building perimeter by utilizing a 35-foot
ladder. An alternate method would be at least one stairway enclosure with exit doorways from
ORD#
,PAGE 18
- .., .., - , , . ,.-," .. ,co.. -..--_..,
, ,,'----...
each floor level and with a door opening onto each rooflevel which conforms to the requirements
of the Uniform Building Code.
«Sec. 8-67. PUt pose.
Tllc purpose of this divisioh is to pIomote the general public health, safety And welfare b}
establishiIIg requirements for the installation of luxtomatic fire meUm eUID fire extinguishing
SYSt~lí1S. TIle reqUÎtenlcnts of tit is di~ision shall be interpreted A5 All addition to the requirenlents
or tit" city fire code.. Provided, the purpose oftms division is not to GIeAte or otherwise cstAblÏsh
or designate Any pArticuleU dA5S or ß1 Oup of persons who will 01 sl.ould be. Gspecizelly pi otc.:ted or
behefitted by the tenus of this division.»
Sec. 8-6«8»1. Life safety/rescue access.
(a) All occupancies shall be required to provide approved life safety/rescue access.
(b) The following are exceptions to this section:
(1)
Group «M»!l occupancies; and
(2)
Roof access need not be provided to roof levels having a slope greater than 4 in
12.
ORD#
,PAGE 19
... ,.-....--'-"----
Sec. 8-6«9».8.. Fire detection system.
(a) All occupancies exceeding 3,000 square feet gross floor area shall be required to
provide an approved automatic fire detection system. Area separation walls as noted in section
«505(~»)504.6 of the Uniform Building Code shall not be considered to separate a building to
enable deletion of the required fire detection system.
(b) The following are exceptions to this section:
(1)
Group ((M)}U or R Division 3 ((Division» occupancies;
(2)
Occupancies protected throughout by an approved/monitored automatic sprinkler
system can delete heat detectors from the system.
Sec. 8-«7&»69. Installation.
Fire sprinkler systems shall be installed:
(1)
In all Group R Division 3 occupancies exceeding 2,500 square feet gross floor area
(including attached garages) without adequate fire flow except as cited.
ORD#
, PAGE 20
ORD#
(3)
(4)
(2)
In all R-3 occupancies without approved fire department access as defined in
section «lO.207»2Ql of the Uniform Fire Code.
In all Group R Division 1 occupancies having three or more levels or containing
five or more dwelling units and hotels having three or more floor levels or
containing ten or more guest rooms. Quick response standard sprinkler heads shall
be used in accordance with their approved listing in the dwelling unit and guest
room portions of the buildings. For the purposes of this section, condominiums
shall be treated as apartments. For the purpose of this section, a floor level shall be
defined as "that portion of a building included between the upper surface of any
floor and the surface of the next floor or roof above." Area separation walls as
noted in section «505(e»)504.6 of the Uniform Building Code shall not be
considered to separate a building to enable deletion of the required fire sprinkler
system.
In Group A occupancies that are used as nightclubs and discos where no alcohol is
served and where the total gross floor area exceeds 5,000 square feet. Area
separation walls as noted in section «505(e»)504.6 of the Uniform Building Code
shall not be considered to separate a building to enable deletion of the required fire
sprinkler system.
, PAGE 21
(5)
In all other occupancies requiring 2,000 gallons per minute or more fire flow, or
where the total floor area included within the surrounding exterior walls on all
floor levels, including basements, exceeds 10,000 square feet. Area separation
walls, as noted in section «505«(;))504.6 of the Uniform Building Code, shall not
be considered to separate a building to enable deletion of the required fire sprinkler
system. Group «M»1I occupancies are excepted ftom this subsection.
(6)
In all occupancies where the building is classified as an overwater structure. «~
chapter 57 of the Uniform Duilding Code adopted ill sectioll 5-GG.»)
«Sec. 8-71. Alter ations, r epails and additions to buildings.
The provisiohs of this chapter shall apply to all buildings to which mOle. than 50 percent of
its county assessed ~alue at the; time of the first permit application will be; attGre.d 01 repailed
within ahY 70-montl1 petiod oftilt1C. Any additions to an existing stLUcture shall be considered
ne\'v constlàction subject to the provisions of this division.»
Sees. 8-7«2;»2-8-90. Reserved.
Section 6. Chapter 8, Article lIT of the Federal Way City Code shall be amended as
follows:
ARTICLE ill. SMOKE DETECTORS'"
ORD#
, PAGE 22
«Sec. 8-91. Definitions.
The following words, tenus and phrases, when used in this AllÍde, sha:ll hat'e the meanings
ascribed to them in this section, e.<cept øvh~lc the context dearly indicatC5 a different meaning.
Apptotl'ed smo/œ tkkctol sha:l:l mean an ionization or photoelectIic device ~hich detects
visible 01 ihvisible Ploducts of combustion other tllan heat, which Ch1Íts All audible. signal.
indicatihg a fire condition or both an audible and visual signal indicating a fue condition, whidl
conronus to \Vashington State Duilding Code requirements, and ~hidl is listed by UnderwlÏters
Labolatories 01 any otllGr nalÍonðlly lecognized tc.slÍng labOiatory. A device ~hiGh deteGts only
heat shall hot constitute an approved smoke detector undel this altide.
Battely-aperated shcili meat. powc.red by an integral battery or batteries.
D-weffillg unit shaH mean a unit providing complete, ihdependeüt living faâlities £01 one. 01
hlore pCI sons, including facilities w}1Ích are used 01 desighed to be used for li~ ing, sleeping,
eating, cooking and sanitation.
lJ(11d-~ÍIed shall mean directly coInlccted to a building's AC elec.tlÌcal power supplied by
a colU1uelc.iallight ð.üd power soûrce. V/iring shall be pellnanent without a discoNlec.ting switch
othel thclil those lequired for ovcrcurrent plotection.
ORD#
,PAGE23
... -" ...-.. "~,,---,,.~.,,-_..-..._----
Ilear il1g impaired 5114\11 Jheat1 A hemÌJ1& ploblem impAiriu& the Ability to be awakened by A
standAid smoke detGctor ~hether or not Wcaritl& A hearing aid.
()w¡ner shAlIIIlCA:n A pC15011 who, alonG, jointry 01 severally with OthCIS, shAll hAve aH 01
pAl t of thG legAl title to Any d ~ cHing unit.
SleqJillg Ci7 ea shaH mQl1 an area of A d w cHing unit containin& bedroolt1s w hiGh A1 e
separated hom each other by hO use area other than a batmoom.
Sec. 8-92. Enrol cement.
(a) The building official or designee, and the fire chief OJ designee, ale hereby authorized
to enfOlce all provisions of this article. If the propeIty owner is in violation of this ð.11icle, the duly
..,.
appointed reples~ntatives of the city 01 fire authority may issue A hOtiCC of violation requiring
colupliancc within a pclÎod of not lGss than two ~c,ks.
(b) No permit £01 alterations, repans or additions to Ah existing d~clling unit shall be
issued unless the owneI ceJtifies that a ploperly OpClð:tÎng smoke detector has been installed in the
d weUing ùltlt ill ð:c.c.OI clðhc.C with this Al tide.
Sec. 8-93. PenaltJ.
ORD#
, PAGE 24
..,
Any person violAtihg any of the provisions o[this Article, or neglecting to comply with the
order issued pursuant to this artide, shall be guilt) of a GÏvil infraction, punish'Able by A n.àXinlunl
fiilc. of $50.00. Eac.h dAY thAt h c.ontinuing v ¡olAtion exist;) shAll Gon~titate A sepAl Ate offi.nsc..
Sec. 8-94. Nonliabilit, of city.
The GÍtJ, tll\~ fire c.hief Alid their officc.ts, agents and enlployees shall not be held liable in
Any GÌvil AGtion for dAmagc.s 01 dc.ath or injury to pelsons or plopc.rty rc.sultil1g flom the failure to
iilstall or the failure of A smoke deteGtor r equir ed uudc.r this At tide.
Sec. 8-95. Installation I equh ed.
~ ;¡:,
.:
(A) Owners of dwelling units shall install adjacent to the sleeping Mea in each dwelling Ulút
not less than one ShlOke deteGtor ill opelAble "oudition wlúch providc.s an audible wauúng that
Gan be heard in alllOOm.S in the skepiilg area, and not less than one SIuOke detecto. on ead.level
of the dwelling, illdading.the basement but excluding any crawl space 01 unfinished Attic. \Vl.ete
multiple sleeping Ateas exist and are widely sepAlAted (i.e., Oil difrerent levels 01 opposite Guds of
the dwelliilg Ulút), and/or ~here a stl.gle Shl0ke detector will not adequately senice all sleeping
areas, there shall be a SlhOkc deteGtor ihstalkd adjacent to ea"h sleepillg area.
(b) Smoke detectors in dwelling units occupied by he4rlng impaited pelsons shall, in
addition to all 2tUdible walllin,g, have a strobc.light that, wheh activated, emits a white light. The
ORD#
, PAGE 25
light pulse shall hAve A minimum fiequency of GO, but hot exceeding 120, flAshes per minate, and
shall be. listed by A natiohaHy rc;coguized testing labOiatory £01 the p~rticulM purpose of a{erting
the deaf and heating impailed in the event of A fire.
(c.) The snloke detec.tOl shall be installed in a nlð.1l11eL and location consistent with the
matlUfactUlel'S inst1UGtÏons. Smoke detcc.tors fol hearing impaiIed persons shall be installed in
unobstIuaed view of the sleeping 100111 bed.
(d) lIard-wired smoke detectors shall be installed in all dwdlihg units built or
manufacturc.d after July 1), 1990. Either hatd-wiled 01 battery-operated smoke detectors h1.ay be
installed in ex1stillg residene.es which wele Col1stlucted Plior to December J 1, 1980.»
Sec. 8-9«6»1. Testing and maintenance.
"."
Installation of an approved smoke detection device shall be the responsibility of the owner.
Maintenance of such device shall be the responsibility of the tenant or occupant. Maintenance
shall include the performance of such tests of the required smoke detector as are recommended by
the manufacturer, at intervals of not less than once a month. Maintenance also requires that if the
smoke detector is battery-operated, new batteries shall be installed whenever the unit emits a low
battery signal, or a minimum of once each year whether or not a low battery signal is present.
Sec. 8-9«7»~. Transfer of dwelling unit.
ORD#
,PAGE26
--------..,' - d- -- ---~.__.~-~-,,- ~.~
It shall be unlawful for any person to convey fee title to any real property which includes a
dwelling unit, or transfer possession of any dwelling unit pursuant to a land sale contract, unless
there is a properly operating smoke detector in the dwelling unit which has been installed in
accordance with this article. Effective upon the sale or transfer of title of a dwelling unit, it shall
be the duty of the seller or transferor to certifY to the buyer or transferee in writing that all smoke
detectors required by this article are installed and in proper working order.
Sec. 8-9«8»~. Removal or tampering.
It shall be unlawful for any person to remove a properly functioning smoke detector
installed in conformance with this article unless it is replaced. It shall be unlawful for any person
to remove batteries or in any other way make inoperable or interfere with the effectiveness of a
smoke detector installed in conformance with this article, except that this provision shall not apply
to. any owner or owner's agent in the normal procedure of replacing batteries.
Sees. 8-9«9».4-8-120. Reserved.
Section 7. Section 8-124 of the Federal Way City Code shall be amended as follows:
Sec. 8-124. Civil Enforcement
The the chief, 01 designee, in cooIdination with the buildihg official, is authûriz~d to
enforce all proç¡isiohs of this mticle And, in addition to cÜminal sclHctiohS or GÍvil remedi~s, he or
ORD#
, PAGE 27
5he may rG'\fokc. .my permit issued pursuant to this cUticle UpOh AlI:y fAilure or refusa:l oftbc
pclluittee A1l\iJo¡ to comply with A11y p¡ovisiolls oftlús article ¡elating to tempO¡Ary stwc,tuJes.
Notwithstanding any provision in this article or in any code adopted hereunder to the
contrary, civil enforcement of the provisions of this article and the terms and conditions of any
pennit or approval issued pursuant to this article shall be governed by Federal Wa:¡ City Code
Chapter 1. Article Ill, Civil Enforcement of Code. Civil enforcement is in addition to, and does
not limit any other forms of enforcement available to the City including, but not limited to,
criminal sanctions as specified herein, nuisance and injunction actions. or other civil actions.
Section 8. Section 8-175 of the Federal Way City Code shall be amended as follows:
Sec. 8-175. Reinforcement of fire protection «b, city un¡ts».
When, in the discretion of the fire chief, such requirement is necessary to preserve the
public health, safety and welfare, the pennit may require that a ((city» Federal Way ((f)Eire
((d»Department pumper and a minimum of two trained ((city» firefighters shall be on site 30
minutes prior to and after the shooting of the event. Firefighters shall receive a minimum
compensation as per the Washington State Chiefs Association's fee schedule. All compensation
for fire department apparatus will be as per the Washington State Chiefs Association's fee
schedule and shall be designated to the general fund.
Section 9. Severability. The provisions of this ordinance are declared separate and
sever8;ble. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of
ORD#
, PAGE 28
this ordinance or the invalidity of the application thereof to any person or circumstance, shall not
affect the validity of the remainder of the ordinance~ or the validity ofits application to other
persons or circumstances.
Section 10. Ratification. Any act consistent with the authority and prior to the effective
date of this ordinance is hereby ratified and affirmed.
Section 11. Effective Date. This ordinance shall take effect and be in force five (5) days
ftom and after its passage, approval, and publication, as provided by law.
PASSED by the City Council of the City of Federal Way this
day of
,1999.
CITY OF FEDERAL WAY
MAYOR, RON GINTZ
ATTEST:
CITY CLERK, N. CHRISTINE GREEN, CMC
APPROVED AS TO FORM:
CITY ATTORNEY, LONDI K. LINDELL
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.
K:\ORDIN\
ORD#
, PAGE 29
ED~
~~ ~ 335301STWAVSOUTH
(253) 661-4000
FEDERAL WAY WA 98003-6210
DATE:
TO:
FROM:
SUBJECT:
March 30, 1999
CITY COUNCIL LAND USE AND T~TATION COMMITTEE
Martin Nordby, Code Compliance Offi
Code Amendments - Citation Authority r Code Compliance; Outdoor Storage
Standards for Residential Zones; Construction Times
Attached are three draft code amendments that extend the current civil penalties ordinance used for
sign code enforcement to the rest of the city code, establish more specific outdoor vehicle storage
standards for residential zones, and correct a discrepancy between the current nuisance noise code
and permitted construction hours.
In drafting the civil penalties ordinance staff were able to utilize both the experience of other cities
and the experience gained from our own sign code enforcement program to create a greatly enhanced
enforcement ordinance. Provisions to reduce frivolous appeals and their added work and expense
are included in this amendment. It also creates a specific process for hearing appeals and directs the
hearings examiner to provide better direction in his/her decisions to both staff and the appeallant.
Greater than typical research was conducted concerning outdoor vehicle storage. Due to the limited
number of local jurisdictions using such an ordinance, cities were also contacted in the states of
California, Arizona, New Mexico, and Indiana. The draft amendment is based on these examples
plus considerable input from the Planning Commission.
The proposed amendments to the noise and construction time standards are primarily housekeeping
in nature. The ordinances conflicted in their respective times when construction activity and its
related noise impacts was permitted. This has been corrected with no alteration to the prImary intent
of either ordinance.
The Planning Commission reviewed all three amendments over a period of two meetings; first, a
work session on November 18, 1998, then a Public Hearing held December 2, 1998. Minor technical
changes were recommended by the Commission and are reflected in the draft amendments. Included
with the amendments is the Planning Commission's findings and recommendation for adoption.
u ---- h--___~-'~~'~--"---
(
(
CITY OF FEDERAL WAY
Planning Commission
DATE:
To:
FROM:
SUBJECT:
January 4, 1999
City Council
Robert Vaughan, Chair
Planning Commission Recommendation - Citation Authority For Code
Enforcement; Outside Storage Standards For Residential Zones; Construction
Times
1.
BACKGROUND
The Federal Way Comprehensive Plan contains goals and policies that provide for the protection
of the inhabited environment through policies intended to protect it from the adverse impact of
noise; illegal land uses and activities; and enforcement of the laws that establish the standards
supported by these policies.
Currently, the City's code enforcement staff are given the responsibility to enforce those
standards as established in the various chapters of the Federal Way City Code (FWCC). This
amendment establishes a civil citation enforcement process for the entire code similar to the
enforcement program currently used for the sign code. Federal Way District Court would become
the last resort rather than the first stop for violations. The civil process is a faster, more effective
method of dealing with many code violations.
Among the codes protecting residential areas from the impact of noise from pennitted
construction activity are ones that limit the times of the day and days of the week such intense
activity may occur. These hours are in conflict with other standards established in the City's
nuisance noise provisions in Chapter 10 of the FWCc. This conflict has made these standards
difficult if not impossible to enforce equitably and without confusion.
Lastly, concerns were expressed to the City Council during the investigation and enforcement of
a junk vehicle case that the use of landscaped areas outside of the required yard for parking and
storage for operable vehicles was legal. These citizens believed this created a situation that was
both detrimental to the aesthetics of the community and degraded the health and safety of the
neighborhood.
The intent of these three separate code amendments is to further the City's goal of improving the
health and safety of its citizens.
-1-
II.
- -.. .. - --_.. - -, -.. ..
--_..,...._..~
(
(
PLANNING COMMISSION PROCESS
The Planning Commission held both a work session and public hearing. The work session was
held November 18, 1998. This provided the commission an opportunity to review the proposals
in depth and ask detailed questions. From this session came specific changes to the proposals. A
Public Hearing was held December 2, 1998. Minor technical changes were made based on
additional Planning Commission comments.
City staff has prepared draft amendments to the requirements in the zoning code concerning civil
citation authority, outdoor storage of vehicles, development activities, and related noise
nuisances. The drafts are attached to this document.
III.
SUMMARY OF AMENDMENTS
The following list summarizes the major code amendments reviewed by the Planning
Commission during this code revision process.
1.
2.
3.
A civil citation system has been drafted that includes the following major features:
a.
b.
Decriminalizes zoning and other nuisance related codes.
Establishes civil penalties for violations of those codes ranging from $100 per day
to $500 per day.
Authorizes Code Compliance Officers to issue a civil citation after appropriate
notice.
Establishes an appeal procedure and criteria for affected persons wishing to appeal
a civil citation. Appeal hearings are heard by the Federal Way Hearing Examiner
rather than in Federal Way District Court.
c.
d.
Outdoor storage standards are established for operable and inoperable vehicles. These
standards include:
a.
Requirement that all junked, wrecked, dismantled, or inoperable vehicles be
stored in a fully enclosed structure.
All operable vehicles must be parked on an approved impervious surface such as a
driveway or in a carport or garage.
Standards for operable vehicle parking do not apply to single family lots of
20,000 square feet or more.
b.
c.
Creates consistency between development activity hours and nuisance noise code
requirements.
-2-
(
(
IV.
PLANNING COMMISSION FINDINGS &RECOMMENDA TIONS
The Planning Commission based its recommendation for adoption of the proposed amendments
to the Federal Way City Code relative to civil citation authority, outdoor storage, and
development activity and nuisance noises based on the following findings:
1.
The City's Code Compliance Officers are responsible for enforcement of the City's codes
and regulations; and
2.
They currently do not possess the authority to properly sanction certain code violations
within their area of responsibility; and
3.
The proposed amendments are consistent with the provisions of the Housing Chapter of
the Federal Way Comprehensive Plan (FWCP) including the following:
HP 5 - Maintain a strong code enforcement program to protect residential
areas from illegal land use activities; and
4.
The citizen concerns about improper outdoor storage of vehicles are consistent with the
Land Use Chapter of the FWCP including the following:
LUP 1 - Develop residential design perfonnance standards to maintain
neighborhood character and ensure compatibility with surrounding uses;
and
5.
The development activity hours of Chapter 22 of the FWCC were not consistent with the
definition of a nuisance noise as defined by Chapter 10 of the FWCC; and the Natural
Environment Chapter of the FWCP states:
NEG 14 - Develop programs and/or regulations to address noise pollution
in all areas of the City.
4.
The Federal Way SEP A responsible official has detennined SEP A review has already
been completed as part of the adoption of the original zoning code; and
5.
The proposed code amendments would not adversely affect the public health, safety, or
welfare.
Robert Vaughan, Chair
Federal Way Planning Commission
K:\COMMONADIADMIN I IPLANCOM\ t 998IPCMEMO
-3-
STAFF REPORT TO THE
CITY OF FEDERAL WAY
PLANNING COMMISSION
DATE
DECEMBER 2, 1998
APPLICANT
CITY OF FEDERAL WAY
PROPOSED ACTION
A)
AMEND ZONING CODE TO PROVIDE FOR A CIVIL
CITATION PROCESS
AMEND ZONING CODE TO LIMIT PARKING AND
STORAGE OF VEHICLES ON RESIDENTIAL LOTS
AMEND NOISE NUISANCE PROVISIONS OF
CHAPTER 10 OF THE FEDERAL WAY CITY CODE
TO ELIMINATE CONFLICT WITH CONSTRUCTION
HOUR LIMITATIONS IN ZONING CODE
B)
C)
STAFF
REPRESENTATIVE
MARTIN NORDBY, CODE COMPLIANCE OFFICER
STAFF
RECOMMENDATION
AMEND CODE AS OUTLINED BY STAFF
RECOMMENDATION
I. INTRODUCTION
This staff report covers three proposed code amendments to the Federal Way City Code. The
first proposed amendment would expand the existing civil citation powers granted to code
compliance staff under the sign code revision enacted in June 1995 to the remaining sections of
the zoning code and provide for a civil citation process to replace the existing criminal penalties.
The second proposed amendment is in response to citizen concerns and comments about the use
of residential property for both operable and inoperable vehicle storage. This amendment limits
where on residential property vehicles may be parked or stored.
Lastly, the third proposed amendment is a house keeping matter to correct a conflict between
existing sections of the code. This amendment brings two sections of the code dealing with
construction hours and activity into line with each other.
SEP A review is not required for the vehicle parking proposal or for the civil citation proposal.
The original SEP A document adopted with the original code covers review for the proposed
amendments to the noise ordinance and construction time code sections.
1
II
BACKGROUND
A. CIVIL CITATION AUTHORITY
In June 1995 the City Council adopted a new, extensively revised sign code. During both
Planning Commission and City Council review of the proposed sign code the importance of
proper and effective enforcement was stressed. To provide for enforcement of the sign ordinance
and as an opportunity to evaluate the effectiveness of the civil citation process a section of the
sign code was devoted to enforcement of the sign code's provisions. Exclusive to the sign code,
these provisions granted authority to code compliance staff to issue civil citations following
appropriate notification to the property owner of the violation. Until that time, sign code
violations, like other violations of chapter 22 (zoning and land use) of the Federal Way City
Code (FWCC), were governed by DIVISION 5 - ENFORCEMENT § 22-121 through 22-126.
Sections 22-121 through 22-126 of the FWCC provide for notification to code violators (Notice
of Violation - FWCC 22-127), orders to cease activity (Order to Cease Activity - FWCC 22-
123) in violation of the code, and permits the code enforcement officer to "seek issuance of a
zoning citation" (FWCC 22-128(a)). The city prosecutor or a uniformed police officer then
issues zoning citations. These are criminal misdemeanor citations carrying penalties of up to
$5000 per day and/or six months in jail for each day in violation. Violations of sections other
than Chapter 22 are covered under the general penalty provisions ofFWCC 1-13. They charge
these also as criminal misdemeanors subject to a fine not to exceed $1000 per day or 90 days in
jail, or both. In each case the matter is heard in Federal Way District Court. The defendant is
entitled to a jury trial and City Prosecutors must prove beyond a reasonable doubt the violation
occurred. These are formal court proceedings requiring legal staff represent the city's position.
Inclusion of a civil citation process for the enforcement of the sign code was essential for quick,
consistent and effective enforcement ofthe sign code. Current civil penalties range from $50.00
per day to a maximum penalty of $400.00 for each day the violation occurs. Should the person
cited appeal the civil citation a hearing is scheduled before the Federal Way Hearing Examiner.
Because the matter is civil and not criminal there is no threat of jail time. The matter typically
can be handled by code enforcement staff without assistance from legal staff and the burden of
proof is by a preponderance of the evidence. A civil citation may be reviewed for illegal,
corrupt, arbitrary or capricious actions in King County Superior Court should the appellant file a
petition for review within 14 days of the date of the hearing examiner's decision.
The simplicity and directness of the civil citation program has proven effective. Following an
initially high volume of citations being issued and a resulting high number of appeals, activity
has fallen dramatically. For the first half of 1998 only one civil citation has been appealed.
During the initial enforcement period in late 1996 more than two dozen citations were appealed.
2
Compliance is the goal. Appropriate monetary penalties have proven sufficient to gain
compliance with the provisions of the sign code in nearly all cases. The simpler burden of proof
eases the amount of time and effort required to show a violation exists. The shorter period of
time needed to move from a warning or notice to correct a violation to the violator actually being
cited helps to reenforce the City's enforcement efforts.
The proposal before you amends the enforcement sections of Chapter 22 to include a civil
citation process and the appropriate procedures for processing citations and appeals. However,
simply adding a civil enforcement section is not the only change required. Because the code
refers in many sections to criminal penalties the entire code will be reviewed for references to
enforcement. The provisions of this amendment will apply to all code violations referenced as
using the enforcement provisions established by the amendment.
Though nearly the same as the existing civil citation provisions of the sign code, some changes
have been made to accommodate experience gained with the existing ordinance. The Law
Department has prepared an ordinance that provides a civil citation process useful to all code
sections the compliance officers are assigned to enforce.
The amended civil citation ordinance includes procedural provisions currently accommodated
through an interpretation by the Director of Community Development Services. Proper
procedural standards have been incorporated with the ordinance.
In addition to inclusion of a procedural process for appealing a civil citation or penalty, other
significant changes from the exiting sign code civil process include a requirement an appeal
include a $100 refundable fee. This is intended to reduce the filing of frivolous appeals and
ensures a portion of any potential penalty has already been paid. Should the appellant prevail the
$100 fee will be refunded. Should the citation be upheld by the examiner the fee would be
credited toward any outstanding penalty. The requirement an appeal be accompanied by an
appeal fee and the amount of the fee required is consistent with current land use appeal policy
and the fee schedule adopted by Council. A non-refundable appeal fee is required when a land
use decision made by the department director or hearing examiner is appealed.
Other changes include an increase in the penalties. The current sign violation penalty scale is
$50 for the first violation, $100 for the second violation, $200 for the third violation, and $400
for additional violations in excess of three. The proposed civil citation penalties would be $100
for the first violation, $200 for the second violation, $400 for the third violation, and $500 for
additional violations in excess of three. All penalties are assessed for each day in violation.
However, ifthe violator fails to correct the violation once a civil citation has been issued and
does not appeal the citation a criminal citation may be issued. Current criminal misdemeanor
penalties can be as high as $5000 and/or six months in jail for each day in violation.
Lastly, the option of a Voluntary Correction Agreement has been included in this proposed
amendment. This permits the code compliance officer and the violator to formalize in writing a
3
schedule for compliance in lieu of issuance of a citation. Failure to complete the required actions
necessary to bring the property into compliance, however, can result in issuance of a criminal
citation. All criminal citations would still require they be issued either by the city prosecutor or a
commissioned police officer. This ordinance does not empower code compliance officers to
issue criminal citations.
Applying an efficient civil citation enforcement system to the remaining sections of the code will
de-criminalize land use and nuisance violations, lessen the formality required for the criminal
citation process, and provide a more effective method of reaching the compliance goal. The most
effective route to achieve a coherent civil enforcement process is to create an enforcement
ordinance that clearly defines the proper procedure and is applicable to the wide variety of
enforcement responsibilities.
B) PARKING ON RESIDENTIAL LOTS
This proposed amendment is in response to issues raised during several enforcement cases over
the past few years. Some residents have used areas not intended for storage of vehicles as
parking for sometimes operable, often inoperable vehicles. This has usually occurred mostly in
back yards or adjacent landscaped areas on residential property.
Under current provisions of the Federal Way City Code (FWCC) 22-1135 vehicles are only
prohibited from being parked or stored in required yards (setbacks). A person can potentially fill
an entire property legally, exclusive of required yards, with operable vehicles, boats or
recreational vehicles. Such conditions have raised concerns within several neighborhoods about
access to structures during a medical or fire emergencies, lowered property values and little used
or inoperable vehicles becoming a rodent harborage.
Code provisions for several cities were researched and some cities directly contacted about how
they handle this type of issue. Bellevue, Bothell, Everett, Normandy Park, Renton, and Tukwila
codes were specifically reviewed for applicable requirements. King County code enforcement
and several cities outside the state of Washington were also contacted. They included
Albuquerque, NM; Fresno, CA; Greely, CO; Peoria, AZ; Rowlett, TX; and South Bend, IN. Of
Washington state city codes reviewed, the City of Bothell was the only city found to include a
provision dealing with this specific issue. Section 12.16.110 of the Bothel City Code requires all
vehicles parked on a residential lot be in a garage, carport or parked on an approved impervious
surface. Cities in other states have included this type of vehicle parking or storage restriction to
control air-born particulate pollution (dust control in Arizona and New Mexico) or as part of a
general illegal storage/nuisance provision.
Existing driveway standards, setback and lot coverage requirements remain in effect preventing a
residential lot from being completely paved over for parking or similar purposes. Additionally
the Bothell ordinance requires any impervious surface being used have "direct and unobstructed
4
driveway access." The staff proposal is to adopt language similar to the Bothel ordinance plus a
provision requiring any junked, wrecked, dismantled or inoperable vehicles be contained in a
completely enclosed building. Changes have been made to the language of the amendment to
include comments made by the Planning Commission. These changes include a purpose
statement and definition of "non-motorized" vehicles. A draft version of the proposed
amendment is attached.
C. NOISE AND CONSTRUCTION HOURS
This proposed amendment to FWCC 10-27(8) and FWCC 22-1006 is a housekeeping matter.
There is a conflict between these two code sections regarding development activity and noise
from construction sites. FWCC 22-1006 sets the hours construction and development activity is
permitted. Those hours are different than the noise limitations set in FWCC 10-27(8) for noise
generated at a construction site. The staff proposal is to amend both 10-27(8) and FWCC 22-
1006 to be consistent with each other.
Section 22-1006 of the FWCC prohibits development activity, as defined in FWCC 22-1,
Monday through Saturday, 8:00 p.m. to 7:00 a.m. Development activity is not permitted on
Sundays or holidays observed by the city. FWCC 10-27(8) prohibits sounds originating from
construction sites from 10:00 p.m. and 7:00 a.m. weekdays and 10:00 p.m. and 9:00 a.m.
weekends. This amendment brings these time limitations into line with each other. The most
significant change being that development activity (FWCC 22-1006) would not be permitted to
begin before 9:00 a.m. on Saturday rather than 7:00 a.m.
CONCLUSION
Forward the proposed amendments as presented to Council for consideration.
5
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
FEDERAL WAY, WASHINGTON, AMENDING CHAPTER 22,
FEDERAL WAY ZONING CODE, AND CHAPTER 1O,
FEDERAL WAY NUISANCE NOISE CODE, OF THE
FEDERAL WAY CITY CODE, ADOPTING SPECIFIC
AMENDMENTS AND ADDING NEW REGULATIONS FOR
OUTDOOR VEHICLE STORAGE AND DEVELOPMENT
ACTIVITY HOURS AND NOISE RELATED TO
DEVELOPMENT ACTIVITY.
A.
WHEREAS amendments to the Federal Way City Code (FWCC) text are
authorized pursuant to FWCC Section 22-216 pursuant to Process VI review; and
B.
WHEREAS the Federal Way City Council has considered proposed changes
to the FWCC regarding development activity hours, nuisance noises, and outdoor vehicle
storage; and
C.
WHEREAS the Federal Way City Council, pursuant to FWCC 22-517, having
determined the Proposal to be worthy of legislative consideration, referred the Proposal
to the Federal Way Planning Commission for its review and recommendation; and
D.
WHEREAS the Federal Way Planning Commission, having considered the
Proposal at a work session on November 18, 1998 and at a public hearing on December
2, 1998 pursuant to FWCC Section 22-523, and all public notices having been duly given
pursuant to FWCC Section 22-528; and
E.
WHEREAS the public was given opportunities to comment on the Proposal
, PAGE 1
ORD#
during the Planning Commission review; and
F.
WHEREAS the City of Federal Way SEPA responsible official has determined
SEPA review has already been completed as part of the adoption of the original zoning
code; and
G.
WHEREAS following the public hearings, the Planning Commission submitted
to the Land Use and Transportation Committee of the City Council its recommendation in
favor of proposed zoning text amendments adding sections to the FWCC as noted
previously; and
H.
WHEREAS the Federal Way Land Use and Transportation City Council
Committee met on
, 1999 to consider the recommendation of the Planning
Commission and has moved to forward the Proposal, with amendments, to the full City
Council; and
I.
WHEREAS there was sufficient opportunity for the public to comment on the
Proposal; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON,
DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. Findings. After full and careful consideration, the City Council of the
City of Federal Way makes the following findings with respect to the Proposal and the
proposed amendments to the Federal Way City Code ("FWCC"):
1.
The Federal Way City Council adopted limitations on development activity
in Chapter 22; Article XIII; Division 3; § 22-1006 and defines certain noises as a public
ORD#
, PAGE 2
nuisance in Chapter 10, Article 2 § 1-27 of the Federal Way City Code; and
2.
These sections conflict with each other in their regulation of similar activities;
and
3.
The Federal Way City Council desires to establish consistency between these
sections of the FWCC; and
4.
The Federal Way City Council adopted outdoor storage regulations for
residentially zoned properties in Division 8, Chapter 22 FWCC; and
5.
The Federal Way City Council desires to establish specific outdoor storage
regulations related to the storage of motor vehicles and non-motorized vehicles in
response to citizen comments and concerns; and
6.
The Federal Way SEPA responsible official responsible official has
determined SEPA review has already been completed as part of the adoption of the
original zoning code; and
7.
The proposed code amendments would not adversely affectthe public health,
safety or welfare; and
8.
The Planning Commission, following notice thereof as required by RCW
35A.63.070, held public hearings on the proposed regulatory amendments and has
considered the testimony, written comments, and material from the public by and through
said hearings.
Section 2. Conclusions. Pursuant to FWCC Section 22-216 and based upon the
, PAGE 3
ORD#
Findings set forth in Section 1, the Federal Way City Council makes the following
Conclusions of law with respect to the decisional criteria necessary for the adoption of the
Proposal:
1.
The Proposal is consistent with the following Comprehensive Plan goals and
policies contained in the Natural Environment chapter;
NEG14- Develop programs and/or regulations to address noise pollution
in all areas of the City.
2.
The Proposal is consistent with the following Comprehensive Plan goals
and policies contained in the Housing and land Use chapters;
HP5- Maintain a strong code enforcement program to protect residential
areas from illegal land use activities; and
LUP1- Develop residential design performance standards to maintain
neighborhood character and ensure compatibility with surrounding uses.
2.
The Proposal bears a substantial relationship to the public health, safety and
welfare because it implements policies consistent with the goals of the
comprehensive plan.
3.
The Proposal bears a substantial relationship to the public health, safety and
welfare because it implements policies protecting the character of the City's
, PAGE 4
ORD#
neighborhoods.
Section 3. Amendment. The Federal Way Zoning Code, Chapter 22, and the
Federal Way Nuisance Noise Code, Chapter 10, are amended to provide as set forth in
Attachment A and by this reference is incorporated herein.
Section 4. The provisions of this ordinance are declared separate and severable.
The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this
ordinance or the invalidity of the application thereof to any person or circumstance, shall
not affect the validity of the remainder of the ordinance, or the validity of its application to
other persons or circumstances.
Section 5. Ratification. Any act consistent with the authority and prior to the
effective date of this ordinance is hereby ratified and affirmed.
Section 6. Effective Date. This ordinance shall take effect and be in force thirty
(30) days from the time of its final passage, as provided by law.
PASSED by the City Council of the City of Federal Way this
day
of
,1999.
PAGE 5
ORD#
CITY OF FEDERAL WAY
MAYOR, RONALD L. GINTZ
ATTEST:
CITY CLERK, N. CHRISTINE GREEN, CMC
APPROVED AS TO FORM:
CITY ATTORNEY, LaNDI K. LINDELL
FILED WITH THE CITY CLERK:
, PAGE 6
ORD#
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.
ORD#
PAGE 7
ATTACHMENT "AU
Sec. 22-1006. Limitations.
(a) General. It is a violation of this chapter to engage in
any development activity or to operate any heavy equipment
between the hours of 8:00 p.m. and 7:00 a.m. P~nday through
weekdays. and 8:00 p.m. Friday through 9:00 a.m. Saturday. No
development activity or use of heavy equipment may occur eft after
8:00 p.m. Saturday. or at any time on Sundays or holidays ;¡hich
are observed by the city.
(b) Exception. The director of community development may
grant revocable, written permission to engage in a development
activity or to operate heavy equipment between the hours of 8:00
p.m. and 7:00 a.m. on Monday through Friday and 8:00 p.m. Friday
through 9:00 a.m. Saturday, or from ~ 9:00 a.m. to 8:00 p.m.
on Sundays or holidays \vhich arc observed by the city if this
will not interfere with any residential use that io permitted in
the zone in which it is located.
(Ord. No. 90-43, § 2(115.25), 2-27-90)
DIVISION 8. OUTDOOR ACTIVITIES AND STORAGE*
----------
*Cross reference(s)--This nonconformance must be immediately
brought into conformance with the applicable provisions of the
zoning regulations, § 22-330.
----------
Sec. 22-1111. Application of division.
This division establishes regulations applicable to outdoor
use, storage and activity.
(Ord. No. 90-43, § 2(115.105(1)), 2-27-90)
Sec. 22-1112. Residential uses.
The purpose of this chapter is to establish standards for
outdoor residential uses, storage and activities related to motor
vehicles and non-motorized vehicles. These standards are
intended to protect property values by reducinG visual blight,
aid in emergency access and fire safety, guard against the
creation of rodent and pest harboraGe, and reduce the impact on
the natural environment from the leakinG of motor vehicle fluids.
Outdoor uses, storage and activities normally associated
with a residential use are permitted, unless otherwise regulated
or prohibited by this chapter.
All motor vehicle and non-motorized vehicle parking and
storage for residential uses containinG either detached or
attached dwellings, shall be in a GaraGe, carport or on an
approved impervious surface. Non-motorized vehicles may include
but are not limited to travel and camp trailers, utility
trailers, truck campers, and boat or vehicle transport trailers.
Anv Garage, carport or impervious surface used for motor vehicle
or non-motorized vehicle parkinG or storage shall have direct
driveway access. This section does not apply to residential lots
containing a detached dwellinG unit where the total lot size is
20,000 square feet or more. However, junked, wrecked, dismantled,
or inoperable motor vehicles must be stored in a completely
enclosed building regardless of the size or zoning desiqnation of
the lot.
(Ord. No. 90-43, § 2(115.105(2)), 2-27-90)
Chapter 10 NUISANCES*
----------
*Cross referenee(s)--Appeal procedure from final action ofthe city council, hearing
examiner, any board or commission, or administrative official for which there is no further right
administrative appeal or statutory or other appeal procedure established, § 2-181 et seq.; animal
nuisances, § 4-146 et seq.; littering and polluting prohibited, § 6-317; air quality zoning
regulations, § 22-947; erosion and sedimentation supplementary district regulations, § 22-948;
glare regulations, § 22-950; regulation of heat emissions, § 22-951; junk and junkyards
prohibited, § 22-952; maximum environmental noise level, § 22-956; odor limitations and
regulations, § 22-958; radiation limitations, § 22-959; restrictions regarding fences, § 22-1026 et
seq.; discharge of certain waters creating change in water quality creates a nuisance, § 22-1201.
State law referenee(s)--Buildings, construction standards, RCW 35A.70.040 et seq.;
weeds, rodents and pests, RCW 17.04.010 et seq.; public health and safety, RCW 70.01.010 et
seq.
----------
Article I. In General
Secs. 10-1--10-25. Reserved.
Article II. Noise
Sec. 10-26. General prohibition.
Sec. 10-27. Illustrative enumeration.
Sec. 10-28. Exclusion.
Sec. 10-29. Penalty.
ARTICLE I. IN GENERAL
Sees. 10-1--10-25. Reserved.
ARTICLE II. NOISE*
----------
*Cross referenee(s)--Use ofloudspeaker by peddlers in parks and recreation areas
restricted, § 11-80; sound amplification equipment restricted in parks and recreation areas, § 11-
89; maximum environmental noise levels, § 22-956.
----------
State law reference(s)--Noise control, RCW 70.107.010 et seq.
Sec. 10-26. General prohibition.
It is unlawful for any person to cause, or for any person in possession of property to allow
to originate from the property, sound that is a public disturbance noise.
(Ord. No. 90-37, § leA), 2-20-90)
Sec. 10-27. Illustrative enumeration.
The following sounds are public disturbance noises in violation of this article:
(1)
(2)
(3)
(4)
(5)
(6)
The frequent, repetitive or continuous sounding of any horn or siren attached to a
motor vehicle, except as a warning of danger or as specifically permitted or
required by law.
The creation of frequent, repetitive or continuous sounds in connection with the
starting, operation, repair, rebuilding or testing of any motor vehicle, motorcycle,
off-highway vehicle or internal combustion engine within a residential district, so
as to unreasonably disturb or interfere with the peace and comfort of owners or
possessors of real property.
Yelling, shouting, whistling or singing on or near the public streets, particularly
between the hours of 10:00 p.m. and 8:00 a.m. or at any time and place as to
unreasonably disturb or interfere with the peace and comfort of owners or
possessors of real property.
The creation of frequent, repetitive or continuous sounds which emanate from any
building, structure, apartment or condominium, which unreasonably disturbs or
interferes with the peace and comfort of owners or possessors of real property,
such as sounds from musical instruments, audio sound systems, band sessions or
social gatherings.
Sound from motor vehicle audio sound systems, such as tape players, radios and
compact disc players, operated at a volume so as to be audible greater than 50 feet
from the vehicle itself.
Sound from portable audio equipment, such as tape players, radios, and compact
disc players, operated at a volume so as to be audible greater than 50 feet from the
source, and if not operated upon the property of the operator.
(7)
(8)
(9)
The squealing, screeching or other such sounds from motor vehicle tires in contact
with the ground or other roadway surface because of rapid acceleration, braking or
excessive speed around comers or because of such other reason, provided that
sounds which result from actions which are necessary to avoid danger shall be
exempt from this section.
Sounds originating from construction sites, including but not limited to sounds
from construction equipment, power tools and hammering between the hours of
10:00 p.m. 8:00 p.m. and 7:00 a.m. on weekdays and 10:00 p.m. 8:00 p.m. and
9:00 a.m. on weekends.
Sounds originating from residential property relating to temporary projects for the
maintenance or repair of horns, grounds and appurtenances, including but not
limited to sounds from lawnmowers, powered hand tools, snow removal
equipment and composters between the hours of 10:00 p.m. and 7:00 a.m. on
weekdays and 10:00 p.m. and 9:00 a.m. on weekends.
(Ord. No. 90-65, § I(B), 7-3-90)
Sec. 10-28. Exclusion.
This article shall not apply to regularly scheduled events at parks, such as public address
systems for baseball games or park concerts between the hours of9:00 a.m. and 10:30 p.m.
(Ord. No. 90-37, § I(C), 2-20-90; Ord. No. 90-65, § 2, 7-3-90)
Sec. 10-29. Penalty.
Any person who violates the provisions of this article shall be subject to a civil fine not to
exceed $250.00 for a first offense. For second and subsequent offenses, the person shall be guilty
of a misdemeanor and upon conviction shall be punished as provided in section 1-13.
(Ord. No. 90-37, § 1 (D), 2-20-90)
(Ç) Copyrighted. Municipal Code Corp., affiliated Municipality. 1996.
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
FEDERAL WAY, WASHINGTON, CREATING A NEW CHAPTER
1.14, CIVIL VIOLATIONS OF THE CITY CODE, RELATING TO
ENFORCEMENT OF CERTAIN CITY CODES AND PROVIDING
FOR CIVIL PENALTIES FOR VIOLATION THEREOF.
WHEREAS, the Federal Way City Council is authorized pursuant to RCW
35 All. 020 to adopt and enforce ordinances of all kinds relating to and regulating its local and
municipal affairs and appropriate to the good government of the City; and
WHEREAS, the Federal Way City Council is authorized pursuant to RCW
35A,l1.020 to provide that violation of such ordinances constitutes a civil violation subject to
monetary penalty; and
WHEREAS, RCW 7.80.010(5) also authorizes the City Council to establish by
ordinance the City's own system of hearing and determining civil violations; and
WHEREAS, the Federal Way City Code ("FWCC" or "the Code") currently contains
twenty-two different chapters, many of which contain their own enforcement provisions; and
WHEREAS, many of the enforcement provisions differ from one another in the
procedures utilized and the penalties for violations; and
WHEREAS, the differences among the Code's enforcement provisions may cause
confusion or lead to unfairness in their application; and
WHEREAS, the City Council desires to establish a uniform system for identifying
and punishing the majority of violations of the FWCC, or providing for correction of said violations;
and
ORD#
, PAGE 1
WHEREAS, adoption of such a uniform system of enforcement is in the interest of
the health, safety, and welfare of the general public;
NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON,
DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. Findings. After full and careful consideration, the City Council of the
City of Federal Way makes the following findings with respect to the establishment of a uniform
system for identifying, punishing, and/or correcting violations of the Federal Way City Code
("FWCC"):
1. The Federal Way City Council has previously adopted standards for civil and criminal
enforcement of various portions of the FWCC; and
2. These sections treat similar activities differently; and
3. The Federal Way City Council desires to establish consistency between these sections of
the FWCC; and
4. Such consistency would benefit and not be detrimental to the public health, safety and
welfare; and
5. The Planning Commission, following notice thereof as required by RCW 35A.63.070,
held public hearings on proposed amendments to the Zoning Code, Chapter 22 of the FWCC as well
as to other chapters of the FWCC, and has considered the testimony, written comments, and material
from the public received through said hearings,
ORD#
, PAGE 2
Section 2. Conclusions. Pursuant to FWCC Section 22-216 and based upon the
Findings set forth in Section 1, the Federal Way City Council makes the following Conclusions of
Law with respect to the decisional criteria for the adoption of amendments to the Zoning Code:
1. The proposed amendments to Chapter 22 of the FWCC are consistent with the following
goals and policies contained in the Natural Environment, Housing, and Land Use chapters of the
Federal Way Comprehensive Plan:
NEG 14 - Develop programs and/or regulations to address noise pollution in all areas of the
City.
HP5 - Maintain a strong code enforcement program to protect residential areas from illegal
land use activities; and
LUP1 - Develop residential design performance standards to maintain neighborhood
character and ensure compatibility with surrounding areas.
2. The proposed amendments bear a substantial relationship to the public health, safety and
welfare because they implement policies of the Comprehensive Plan and implement policies
protecting the character of the City's neighborhoods.
Section 3. Amendment.
Chapter 1 of the Federal Way City Code is hereby
amended as follows:
A. The table of contents of Chapter 1 is amended as follows:
Chapter 1
GENERAL PROVISIONS
Article I. Code Construction
Sec, 1-1.
How Code designated and cited.
ORD#
, PAGE 3
Sec, 1-2.
Sec. 1-3.
Sec. 1-4.
Sec, 1-5.
Sec. 1-6.
Sec. 1-7.
Sec. 1-8.
Sec. 1-9,
Sec. 1-10.
Sec. 1-11.
Sec. 1-12.
Sec. 1-13.
Sec. 1-14.
Sec. 1-15.
Sec. 1-16.
Sec. 1-17.
Sec. 1-18.
Sec. 1-19,
Sec. 1-20.
Sec. 1-21.
ORD#
Definitions and rules of construction.
Catchlines of sections.
References to chapters or sections.
History notes,
References and editor's notes.
Code does not affect prior offenses, rights, etc.
Effect of repeals.
Certain ordinances not affected by Code,
Effect of amendments to Code.
Supplementation of Code.
Severability of parts of Code.
Article II. Criminal Enforcement of Code.
General penalty.
Article III. Civil Enforcement of Code.
Purpose,
Definitions.
Notice of Violation and Order to Correct.
Voluntary Correction Agreement
Appeal to Hearings Examiner,
Collection of Monetary Penalty.
Additional Enforcement Procedures.
Conflicts.
, PAGE 4
Sec. 1-22.
Meaning of Terms,
B. Section 1-13 of the Federal Way City Code is amended as follows:
(a) Unless otherwise provided, an person violating any of the provisions or failing to comply
with any of the mandatory requirements of this Code or any ordinance of the city, or any rule or
regulation adopted by the city council pursuant to thereto, shall be guilty of a misdemeanor. Except
in cases where a different punishment is prescribed by this Code or any ordinance of the city, any
person convicted of a misdemeanor under this Code or the ordinances of the city shall be punished
by a fine not exceed $1,000.00 or imprisonment for a period of not more than 90 days or by both
such fine and imprisonment.
(b) This section shall not preclude and shall be deemed to be in addition to administrative
and civil remedies as may be set forth in this Code or ordinances of the city, including but not
limited to Sections 1-14 - 1-23 below.
(c) Each and every day during any portion of which a violation of any of the provisions of
this Code or the ordinances of the city is committed and continues shall be deemed to be a separate
offense,
C.
New sections of the Federal Way City Code are adopted as follows:
Sec. 1-14. Purpose.
The purpose of this article is to establish an efficient, civil administrative system to enforce
the development regulations of the city, to provide an opportunity for an appeal of determinations
of violations and prompt hearings and decisions on any such appeals, to establish monetary penalties
for violations, and to provide for the collection of said penalties.
It is the express and specific purpose and intent of this ordinance to provide for and promote
the health, safety and welfare of the general public and not to create or otherwise establish or
designate any particular class or group of persons who will or should be especially protected or
benefitted by the terms of this ordinance.
It is also the express and specific purpose and intent of this ordinance that no provision nor
any term used in this ordinance is intended to impose any duty whatsoever upon the City or any of
its officers or employees,
Nothing contained in this ordinance is intended nor shall be construed to create or form the
basis of any liability on the part of the City, its officers, employees or agents. for any injury or
damage resulting from any action or inaction on the part of the City, its officers, employees or
agents,
ORD#
, PAGE 5
Sec. 1-15. Definitions.
In this chapter, unless a different meaning is plainly required:
w
"Act" means doing or perfonning something,
(b). "Civil violation" means a violation of a provision of a city development regulation
for which a monetary penalty may be imposed under this chapter. Each day or portion of a day
during which a violation occurs or exists is a separate violation, Traffic infractions pursuant to Title
11 of this Code are specifically excluded from the application of this chapter.
.(ç) "Development" means the erection, alteration, enlargement, demolition, maintenance
or use of any structure or the alteration or use of any land above, at or below ground or water level.
and all acts authorized by a city development regulation.
@ "Development regulation" means and includes the following, as of or after the
effective date of the ordinance codified in this chapter:
ill
ill
ill
ill
ill
(Q)
CD
00
(2)
(2)
(lQ)
(ill
FWCC, Chapter 5, Buildings and Building Regulations;
FWCC, Chapter 8, Fire Prevention and Protection Code;
FWCC, Chapter 10, Nuisances Code;
FWCC, Chapter 11, Parks and Recreation Code;
FWCC Chapter 12, Solid Waste Code;
FWCC, Chapter 13, Streets, Sidewalks and Certain Other Places Code;
FWCC, Chapter 15, Traffic and Vehicles Code;
FWCC, Chapter 16, Utilities Code;
FWCC, Chapter 20, Subdivision Code;
FWCC, Chapter 22, Zoning Code;
All standards, regulations and procedures adopted pursuant to the above; and
The terms and conditions of any permit or approval issued pursuant to the above.
W "Emergencv" means a situation which in the opinion of the applicable department
director requires immediate action to prevent or eliminate an immediate threat to the health or safety
of persons, property, or the environment.
ill "Enforcement official" means the City Building Official, City Code Enforcement
Officers, and all other city officials designated by ordinance or by the City Manager for purposes
of enforcing the provisions of this or other chapters and codes designated therein.
W
thereof.
Qú
ORD#
"Hearings Examiner" means the Federal Way Hearings Examiner and the office
"Omission" means a failure to act.
, PAGE 6
ill "Person" includes any natural person, any corporation or any unincorporated
association or partnership.
ill "Violation" means an act or omission contrary to a city development regulation
including an act or omission at the same or different locations by the same person.
Sec. 1-16. Order to Cease Activity.
(a) Issuance. Whenever the enforcement officer determines that any activity is being
conducted or any development is occurring that does not conform to the applicable provisions of
this Code, or that civil violation otherwise exists, he or she may issue an order to cease activity
directing that the offending conduct cease immediately.
(b) Posting and Service of Order. The enforcement official shall serve the order upon the
person to whom it is directed, either by: (i) delivering it personally; or (ii) by mailing a copy of the
order to cease activity by certified mail, postage prepaid, return receipt requested, to such person
at his/her last known address and by posting a copy of the order to cease activity conspicuously on
the affected property or structure, or as near to the affected property or structure as feasible. Proof
of service shall be made at the time of service by a written declaration under penalty of perjury
executed by the person effecting the service, declaring the time and date of service and the manner
by which service was made, Any failure of the person to whom the order to cease activity is
directed to observe the posted order or to actually receive the mailed order shall not invalidate
service made in compliance with this section, nor shall it invalidate the order to cease activity.
(c) Avveal of Order to Cease Activity, An Order to Cease Activity may be appealed under
the procedures set forth in section 1-19. During any such appeal, the order to cease activity shall
remain in effect.
(d) Effect of Order to Cease Activity. When an order to cease activity has been issued,
posted and/or served pursuant to this section, it is unlawful for any person to whom the order is
directed or any person with actual or constructive knowledge of the order to conduct the activity or
perform the work covered by the order, even if the order to cease activity has been appealed, until
the enforcement officer has removed the copy of the order, if posted, and issued written
authorization for the activity or work to be resumed. Violation of an order to cease activity
constitutes a misdemeanor punishable by a fine of up to five thousand dollars ($5,000.00), or
imprisonment for up to six (6) months, or both, In addition to such criminal penalties, the City may
enforce the order to cease activity in accordance with Section 1-21 below, and/or enforce it in
superior court.
Sec. 1-17. Notice of Violation and Order to Correct.
ORD#
, PAGE 7
W Issuance. Whenever the enforcement official determines that a civil violation has
occurred or is occurring, he/she may issue notice of violation and an order to correct ("notice and
order") to the property owner or to any person causing, allowing or participating in the violation.
The notice and order issued pursuant to this section represents a determination that a violation of
the Federal Way City Code has been committed. This determination is final and conclusive unless
appealed as provided herein.
(h)
ill
ill
ill
ill
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(Q)
Content. The enforcement official shall include the following in the notice and order:
The name and address of the property owner or other person to whom the notice and
order is directed; and
The street address or description sufficient for identification of the building,
structure, premises, or land upon or within which the violation has occurred or is
occurring; and
A description of the violation and a reference to that provision of a city development
regulation which has been violated; and
A statement of the action required to be taken to correct the violation as determined
by the enforcement official and a date or time by which correction is to be
completed; and
A statement that the person to whom the notice and order is directed must: (i)
complete correction of the violation by the date stated in the notice; or (ii) appeal the
civil citation as provided in Section 1-19.
A statement that, if such violation is not corrected and the notice and order is not
appealed, a monetary penalty in an amount per day for each violation as specified
by Section 1-17( e) shall accrue against the person to whom the notice and order is
directed for each and every day, or portion of a day, on which the violation continues
following the date set for correction,
~ Service of order. The enforcement official shall serve the notice and order upon the
person to whom it is directed, either by: (i) delivering it personally; or (ii) by mailing a copy of the
order to correct violation by certified mail, postage prepaid, return receipt requested, to such person
at his/her last known address and by posting a copy of the order to correct violation conspicuously
on the affected property or structure. Proof of service shall be made at the time of service by a
written declaration under penalty of perjury executed by the person effecting the service, declaring
the time and date of service and the manner by which service was made. Any failure of the person
to whom the notice and order is directed to observe the posted notice and order or to actually receive
the mailed notice and order shall not invalidate service made in compliance with this section. nor
shall it invalidate the notice and order.
ORD#
, PAGE 8
.(d) Extension. Upon written request received prior to the correction date or time, the
enforcement official may extend the date set for correction for good cause. The enforcement official
may consider substantial completion of the necessary correction or unforeseeable circumstances
which render completion impossible by the date established as a good cause.
W Monetary Penalty, The amount of the monetary penalty per day or portion thereof
that each violation continues beyond the date set in a notice and order is as follows:
ill
ill
ill
@
First violation, one hundred dollars;
Second violation, two hundred dollars;
Third violation, three hundred dollars;
Additional violations in excess of three, five hundred dollars.
ill Continued Duty to Correct. Payment of a monetary penalty pursuant to this chapter
does not relieve a person of the duty to correct the violation as ordered by the enforcement official.
W Declaration ofComvliance. When the violation has been corrected and the penalty
paid, the enforcement officer shall issue a letter which shall so state, and shall also record the date
upon which the violation was fully corrected, beyond which no further penalty shall accrue.
(h) E{fect of Unappealed Notice and Order. If a notice and order is not appealed, each
day which the violation continues beyond the date set in order to correct shall constitute a
misdemeanor punishable by a fine of up to five thousand dollars ($5,000.00), or imprisonment for
up to six (6) months, or both. In addition to such criminal penalties, the City may enforce the notice
and order in accordance with Sections 1-20 and 1-21 below, and/or enforce it in superior court.
Sec. 1-18. Voluntary Correction Agreement
(a) General. Prior to the issuance of a notice and order under Section 1-17, or in lieu
thereo~. when the City determines that a violation of an ordinance has occurred, the City may enter
into a voluntary correction agreement wherein the person(s) responsible for the violation or the
owner(s) of property on which the violation has occurred or is occurring agrees to abate the
violation within a specified time period and according to specified conditions.
(b) Contents. A voluntary correction agreement shall be in writing, signed by the person(s)
responsible for the violation and/or the owner(s) of property on which the violation has occurred
or is occurring and an enforcement official, and shall contain substantially the following
information:
w
The name and address of the person responsible for the violation and/or the
owner of property on which the violation has occurred or is occurring;
ORD#
, PAGE 9
(h)
~
@
w
ill
(g)
(h)
The street address or a description sufficient for identification of the
building structure, premises, or land upon or within which the violation has
occurred or is occurring;
A description of the violation and a reference to the regulation violated;
The necessary corrective action to be taken, and a date or time by which the
correction must be completed;
An agreement by the person responsible for the violation and/or the owner(s)
of property on which the violation has occurred or is occurring that the City
may inspect the premises as may be necessary to determine compliance with
the voluntary correction agreement;
An agreement by the person responsible for the violation and/or the owner(s)
of property on which the violation has occurred or is occurring that, if the
terms of the voluntary correction agreement are not met, the City may abate
the violation and recover its costs and expenses as provided in this article;
An agreement that by entering into the voluntary correction agreement, the
person responsible for the violation and/or the owner(s) of property on which
the violation has occurred or is occurring waives the right to a hearing before
the examiner under this ordinance regarding the matter of the violation,
penalty and/or required corrective action; and
A statement that failure to comply with the terms of the agreement shall
constitute a misdemeanor punishable by a fine not to exceed five (5)
thousand dollars ($5,000.00) and/or imprisonment for not more than six (6)
months,
~ Modification and Time Extension. An extension of the time limit for correction or
a modification of the required corrective action may be granted by the enforcement official if the
person responsible for the violation has shown due diligence and/or substantial progress in
correcting the violation but unforseen circumstances render correction under the original conditions
unattainable. All modifications or time extensions shall be in writing, signed by the person(s)
responsible for the violation and/or the owner(s) of the property on which the violation has occurred
or is occurring and an enforcement official.
(d) Penalty for non-compliance, Violation of the terms of the agreement shall constitute
a misdemeanor punishable by fine not to exceed five thousand dollars ($5,000) per day and/or
imprisonment for not more than six (6) months. Further, the City may enter the property, abate the
violation and recover all costs and expenses of abatement in accordance with the provisions of this
chapter.
ORD#
,PAGE 10
Sec. 1-19. Appeal to hearings examiner.
W General. A person to whom an order to cease activity or a notice and order is
directed may appeal the order to cease activity or notice and order to the hearings examiner. The
person appealing may appeal either the determination that a violation exists, the amount of any
monetary penalty imposed, the corrective action ordered, or all three.
(b.) How to appeal. A person may appeal an order to cease activity or notice and order
by filing a written notice of appeal with the City Clerk within seven (7) calendar days from the date
of service of the order to cease activity or notice and order. The appeal must be accompanied by
cash or a chec~ payable to the City of Federal Way, in the amount of $100.00, which is refundable
in the event the appellant prevails on the appeal.
(ç) Effect of appeal. The timely filing of an appeal in compliance with this section shall
stay the requirement for action specified in the notice and order that is the subject of the appeal. The
monetary penalty for a continuing violation does not continue to accrue during the pendency of the
appeal: however, the hearings examiner may impose a daily monetary penalty from the date of
service of the order to cease activity or notice and order if he finds that the appeal is frivolous or
intended solely to delay compliance. The filing of an appeal of an order to cease activity shall be
as provided in section I-I6(d).
(d)
Notice of and hearing before the hearings examiner.
ill
Date of hearing. Within 10 days of the Clerk's receipt of the appeal the
hearings examiner shall set a public hearing for a date within 30 days of the
Clerk's receipt of the appeal.
ill
Notice of hearing.
ill
Content. The Clerk shall cause a notice of the appeal hearing to be
posted on the property that is the subject of the order to cease activity
or notice and order, and mailed to the appellant and property owners
located within 300 feet of the property that is the subject of the
violation. The Notice shall contain the following:
(ill
The file number and a brief description of the matter being appealed.
(iii) A statement of the scope of the appeal, including a summary of the
errors alleged and the findings and/or legal conclusions disputed in the appeal;
(iv) The date, term and place of the public hearing on the appeal.
(v) A statement of who may participate in the appeal.
ORD#
, PAGE 11
ill
@
(vi) A statement of how to participate in the appeal.
Distribution. The Notice shall be mailed and posted at least ten calendar
days before the hearing on the appeal.
Participation in the appeal. Any person may participate in the public hearing
in either or both of the following ways:
(i) By submitting written comments to the hearing examiner, either by
delivering these comments to the Clerk prior to the hearing or by giving these directly to the hearing
examiner at the hearing,
(ii) By appearing in person, or through a representative, at the hearing and
making oral comments directly to the hearing. The hearing examiner may reasonably limit the
extent of oral comments to facilitate the orderly and timely conduct of the hearing.
ill
(Q)
(1)
Conduct of Hearing. The hearing examiner shall conduct the hearing on the
appeal pursuant to the rules of procedure of the hearings examiner. The city
and the appellant may participate as parties in the hearing and each may call
witnesses. The appellant shall have the burden of proof by a preponderance
of the evidence that a violation has not occurred, that the amount of
monetary penalty assessed was not in compliance with section 1-17( e), or
that the corrective action ordered is unnecessary to cure the violation.
Electronic sound recording. The hearing examiner shall make a complete
electronic sound recording of the public hearing.
Continuation of the hearing, The hearing examiner may continue the hearing
i~. for any reason, he or she is unable to hear all of the public comments on
the matter or if the hearing examiner determines that he or she needs more
information on the matter. If, during the hearing, the hearing examiner
announces the time and place of the next hearing on the matter and a notice
thereof is posted on the door of the hearing room, no further notice of that
hearing need be given.
(e) Decision of hearing examiner.
ill
ORD#
Vacation. If the hearing examiner determines that the appellant has proven
by a preponderance of the evidence that no violation substantially as stated
in the order to cease activity or notice and order has occurred, the hearing
examiner shall vacate the order to cease activity or notice and order, and
order the appeal fee refunded.
, PAGE 12
ill
Affirmance. If the hearing examiner determines that the appellant has not so
proven by a preponderance of the evidence, the hearing examiner shall affirm
the order to cease activity or notice and order, shall affirm the amount of any
monetary penalty imposed by the order to cease activity or notice and order,
and shall affirm the corrective action ordered.
ill
Modification. If the hearing examiner determines that the monetary penalty
was not calculated in compliance with Section 17( e), or that the corrective
action ordered was unnecessary to cure the violation the examiner may
modify the penalty amount and/or the abatement action required depending
on the specifics of the violation as found at the hearing. In so ordering, the
hearing examiner shall consider the following:
ill
Whether the intent of the appeal was to delay compliance, or
(ill
Whether the appeal was frivolous, or
(iii) Whether there was a written contract or agreement with another party
which specified the securing by the other party of the applicable permit or approval from the city,
or
(iv)
Whether the applicant exercised reasonable and timely effort to
comply with the applicable development regulations, or
íY)
Any other relevant factors.
In modifying a monetary penalty under this section, the hearing examiner shall
impose, at a minimum, the monetary penalty set forth in Section 1-17( e) above, for each separate
section of the code violated, and as determined by reference to the applicable number of violations
(first, second, third) at issue. In modifying the corrective action ordered, the hearing examiner shall
require, at a minimum, any action necessary to ensure actual compliance within fourteen (14) days
of the date of the examiner's decision,
ill Issuance of Decision. The hearings examiner shall issue a written decision, including
findings of fact, conclusions, and order within 14 days of the hearing.
W Judicial Review. Judicial review of a decision by the hearing examiner may be sought
by any person aggrieved or adversely affected by the decision, pursuant to the provisions of the
Land Use Petition Act, Chapter 36.70C RCW, if applicable, or other applicable authority. if any,
if the petition or complaint seeking review is filed and served on all parties within 21 days of the
date of the decision. For purposes of this section, "Aggrieved or adversely affected" shall have
meaning set forth in RCW 36.70c.O60(2).
ORD#
, PAGE 13
íhl- Effect of Decision. If judicial review is not obtained, the decision of the hearing
examiner shall constitute the final decision of the City, and the failure to comply with the decision
of the hearing examiner shall constitute a misdemeanor punishable by a fine of not more than five
thousand dollars ($5,000,00) or up to six (6) months imprisonment, or both, In addition to criminal
punishment pursuant to this subsection, the City may pursue collection and abatement under
Sections 1-20 and 1-21 below.
Sec. 1-20. Collection of monetary penalty.
La) The monetary penalty constitutes a personal obligation of the person to whom the
civil citation is directed. Any monetary penalty assessed must be paid to the city clerk within
fourteen (14) calendar days from the date of service of the notice and order or, if an appeal was filed
pursuant to Section 1-19, within fourteen (14) calendar days of the hearings examiner's decision,
ílù The City Attorney, on behalf of the City, is authorized to collect the monetary
penalty by use of appropriate legal remedies, the seeking a granting of which shall neither stay nor
terminate the accrual of additional per diem monetary penalties so long as the violation continues.
ill The City may authorize the use of collection agencies to recover monetary
penalties, in which case the cost the of collection process shall be assessed in addition to the
monetary penalty.
ill The City may incorporate any outstanding penalty into an assessment lien
when the City incurs costs of abating the violation pursuant to Section 1-21.
Section 1-21. Abatement and Additional Enforcement Procedures.
La) Abatement bv Violator. In the absence of an appeal, any required abatement shall be
executed in the manner and means specifically set forth in the order to correct and/or the voluntary
correction agreement by the person(s) responsible for the violation,
ili) Abatement bv City. The City may perform the abatement required upon
noncompliance with the terms of: (i) an unappealed notice and order; (ii) a voluntary correction
agreement; or (iii) a final order of the hearing examiner. The costs shall be billed to the person(s)
obligated to perform the work under Section 1-17(b)(6), the voluntary correction agreement or
hearing examiner decision, as applicable,
ill The City may utilize City employees or a private contractor under City
direction to accomplish the abatement. The City, its employees and agents using lawful means are
expressly authorized to enter upon the property of the violator for such purposes.
ill The City shall bill its costs, including incidental expenses, of abating the
violation to the person(s) obligated to perform the work under the notice and order, voluntary
ORD#
,PAGE 14
correction agreement or hearin~ examiner decision, which costs shall become due and payable thirty
days after the date of the bill, The term "incidental expenses" shall include, but not be limited to,
personnel costs, both direct and indirect, inc1udin~ attorney's fees incurred by the City; costs
incurred in documentin~ the violation; the actual expenses and costs to the City in the preparation
of notices, specifications and contracts, and in inspectin~ the work; and the cost of any required
printin~ and mailing.
(ç) Obstruction with Work Prohibited No person shall obstruct impede or interfere with
the City, its employees or agents, or any person who owns, or holds any interest or estate in any
property in the performance of any necessary act, preliminary or incidental to, carrying out the
requirements of a order to correct, voluntary correction agreement or order of the hearing examiner
issued pursuant to this chapter. A violation of this provision shall constitute a misdemeanor
punishable by a fine of not more than five thousand dollars ($5 000,00) per day or up to six (6)
months imprisonment, or both.
(d) Revort to City Council and Hearing on Cost of Abatement. In the event the person(s)
responsible fails to pay within the thirty day period set forth in subsection (b )(2) of this section, the
enforcement official shall prepare a written itemized report to the City Council showing the cost of
abatement, including rehabilitation, demolition, restoration or repair of such property. including
such salva~e value relatin~ thereto plus the amount of any outstanding penalties,
ill A copy of the report and a notice of the time and date when the report shall
be heard by the City Council shall be served on the person responsible for payment as provided in
Section 1-17(b)( 6) at least five days prior to the hearing before the city council.
ill The City Council shall review the report and such other information on the
matter as it receives and deems relevant at the hearing. The City Council shall confirm or revise the
amounts in the report, authorize collection of that amount or, in the case of a debt owed by a
property owner, authorize placement of an assessment lien on the property as provided herein.
W Assessment Lien. Following the hearin~ and authorization by the City Council, the
City Clerk shall certify to the county treasurer the confirmed amount. The county treasurer shall
enter the amount such assessment upon 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 as provided in RCW 84,56.020, as now or hereafter amended, for delinquent
taxes, and when collected to be deposited to the credit of the general fund of the City. The lien shall
be of equal rank with the state, county and municipal taxes,
ill The validity of any assessment made under the provisions of this chapter shall
not be contested in any action or proceeding unless the same is commenced within fifteen calendar
days after the assessment is placed upon the assessment roll.
ORD#
, PAGE 15
ill Additional Remedies. The provisions of this article may be used in lieu of or in
addition to other enforcement provisions of this code. unless otherwise precluded by law.
ill In addition to, or in lieu of the provisions of this chapter, the City may, at its
option, turn the matter over to collection or commence a civil action in any court of competent
jurisdiction to collect for any such charges incurred by the City, to obtain compliance pursuant to
this chapter, and/or to collect any penalties that have been assessed.
ill The City may, at its option. seek injunctive or other civil relief in superior
court regarding any code violation.
Sec. 1-22. Conflicts.
In the event of a conflict between this chapter and any other provision of this code or city
ordinance providing for a civil penalty, this chapter shall control.
Sec. 1-23. Meaning of terms.
Whenever the tenns "civil infraction" and "civil penalty" are used in any code, ordinance or
regulation of the city, those terms shall be deemed to have the same meaning as the tenns "civil
violation" and "monetary penalty". respectively, as used in this chapter.
Section 4. Amendment. The following new sections are added to the Federal Way City
Code, Chapter 13, "Streets, Sidewalks and Certain Other Places":
Sec. 13-181. Civil Enforcement. [sidewalks]
Civil enforcement of the provisions of this article and the tenns and conditions of any pennit
or approval issued pursuant to this article shall be governed by FWCC Chapter 1, Article III, Civil
Enforcement of Code. Civil enforcement is in addition to, and does not limit any other fonns of
enforcement available to the City including, but not limited to, criminal sanctions as specified herein
or in FWCC Chapter 1, Articles II -III, nuisance and injunction actions. or other civil or equitable
actions to abate. discontinue, correct or discourage unlawful acts in violation of this article,
Sec. 13-253. Civil Enforcement. [right-of-way vegetation]
Civil enforcement of the provisions of this article and the tenns and conditions of any permit
or approval issued pursuant to this article shall be governed by FWCC Chapter 1, Article III, Civil
Enforcement of Code, Civil enforcement is in addition to. and does not limit any other forms of
enforcement available to the City including, but not limited to, criminal sanctions as specified herein
ORD#
,PAGE 16
or in FWCC Chapter 1, Articles II -III, nuisance and injunction actions, or other civil or equitable
actions to abate, discontinue. correct or discourage unlawful acts in violation of this article,
Section 5. Amendment.
Chapter 22 of the Federal Way City Code is hereby
amended as follows:
A. The following new section is added to the Zoning Code, Federal Way City Code
Chapter 22:
Sec. 22-129. Civil Enforcement.
The code enforcement officer shall enforce the provisions of this chapter and the terms and
conditions of any permit or approval issued pursuant to this chapter as set forth in FWCC section
22-11.
B.
The following sections of Chapter 22 of the Federal Way City Code are
hereby amended:
Sec. 22-11. Violation of this chapter.
(a) CrimÏlud vViolations. It is unlawful for any person to do or cause any of the following
to be done and for a property owner to pennit any of the following to be done on his or her property
contrary to or in violation of this chapter:
(1)
(2)
(3)
(4)
(5)
(6)
It is also unlawful for any person to fail to perfonn any activity or obligation required by this
chapter.
Construct, in any way alter, or move any improvement.
Engage in any activity.
Use or occupy any structure or land,
Conduct any use.
Create any conditions,
Violations identified herein shall constitute misdemeanors subject to criminal prosecution,
punishable as set forth herein. This chapter is also subject to civil enforcement, as set forth herein.
(b) Criminal enforcement penalty.
ORD#
,PAGEl?
Upon conviction of an unlawful act under or violation of this chapter, the property owner
or other person may be punished by a fine of not more than $5,000.00 or imprisoned for not more
than six months or both for each day or part of a day during which the unlawful act or violation
occurs, The property owner or other person may also be ordered to discontinue the unlawful act or
coITect the violation. Criminal enforcement is in addition tor and does not limit any other forms of
enforcement available to the City including, but not limited to, civil enforcement as specified herein
or FWCC Chapter 1, Article III, nuisance and injunction actions. or other civil or equitable actions
to abate, discontinue, correct or discourage unlawful acts in violation of this chapter.
(c) Civil enforcement pelullty.
Civil enforcement of the provisions of this chapter and the terms and conditions of
any permit or approval issued pursuant to this chapter shall be governed by FWCC Chapter 1,
Article Ill, Civil Enforcement of Code. Civil enforcement is in addition to, and does not limit any
other forms of enforcement available to the City including but not limited to, criminal sanctions as
specified herein or FWCC Chapter 1, Articles II -III, nuisance and injunction actions, or other civil
or equitable actions to abate, discontinue, correct or discourage unlawful acts in violation of this
chapter,
Any person -",,'ho -.riolates or faih to eomply -Nith MY of the pro-v'isiofts of thig chapter Md
the o'Vv'fier of the preperty upon which a violation of this chapter exists Of is located is, in addition
to MY criminal penalt:r, subject to a maximum civil penalty of $5,000.00 for each day or portion
of that day that the v iolat1.on continues, except that the o-"vner of the property upon which the
-violation is located or exists, -"vho is in no way acti-v'cly in-valved in the violation, shall bc subjcet
to the civil pcnttlty Oft.)' if he or she fails to eorfcet the violation after bcing ordered to do gO under
the previsions of this chapter,
(d) Other legttll'Cmedies. Nûthing in this chapter limits the right of the city to pursue other
la-""ful criminal, civil Of cquitablc rCffiedies to abate, disoofttÍftUe, oorreet or discourage uftla-vvful acts
under or in violation of this ehapter.
Sec. 22-1604. Compliance and enforcement.
Insert subsections A, B, and C as is.
D. Civil penalty Civil Enforcement.
Civil enforcement of the provisions of this article and the terms and conditions of any permit
or approval issued pursuant to this article shall be governed as set forth below, and by FWCC
Chapter 1, Article III, Civil Enforcement of Code. Civil enforcement is in addition to, and does not
limit any other forms of enforcement available to the City including, but not limited to, criminal
sanctions as specified herein or FWCC Chapter 1, Articles II -III, nuisance and injunction actions,
ORD#
, PAGE 18
or other civil or equitable actions to abate, discontinue, correct or discourage unlawful acts in
violation of this article,
Delete existing subsections D, E, and F.
G. Abatement by the city.
(1) Authority to remove sign. As part of any abatement action under FWCC Chapter
I, Article III, the city or its agents may enter upon the subject property and cause any sign which
violates the provisions of the sign code to be removed at the expense of the owner, tenant, lessee or
occupant, either jointly or severally. In addition to the abatement authority provided by proceedings
under FWCC Chapter I, Article III, the city or its agents may summarily remove any sign placed
on a right-of-way or public property in violation of the terms of this article. Recovery of costs for
removal of any signs as provided herein shall be as provided in FWCC Chapter 1, Article III,
Delete remainder of subsection G (sub-sub sections (2) - (4».
c.
The following sections of Chapter 22 of the Federal Way City Code are
hereby repealed:
Section 22-123
Section 22-124
Section 22-125
Section 22-126
Section 22-127
Section 6. Amendment. Chapter 5 of the Federal Way City Code is hereby
amended as follows:
Sec. 5-6. Appeals.
ORD#
, PAGE 19
Any appeals of any decision rendered pursuant to this Chapter, except decisions pertaining
to enforcement of this chapter, shall be made to a hearing examiner appointed by the city.
Procedural rules concerning appeals shall be as provided in process I III of chapter 22, Zoning.
Sec. 5-(f¡»~ - 5-35 Reserved.
Sec. 5-41. Appeals.
Appeals made from any ruling under this article, except rulings or decisions pertaining to
enforcement of this article, shall be pursuant to FWCC Sec. 5-6,
Sec. 5-43-~ 5-65. Reserved.
Sec. 5-67. Amendments.
The following amendments to the code adopted in section 5-66(a) are hereby adopted:
w
Section 104.2.4 is amended and supplemented to read as follows:
Orders to cease activity. Whenever any work is being done contrary to the
provisions of this code, or other pertinent laws or ordinances implemented
through the enforcement of this code, the building official may order the
work to cease by issuance of an order to cease activity pursuant to the FWCC
Section 1-16,
æ
Section 104.2.5 is amended and supplemented to read as follows:
Occupancy violations. Whenever any building or structure or equipment
therein regulated by this code is being used contrary to the provisions of this
code, the building official may, by issuance of an order to cease activity
under the FWCC Section 1-16, order such use discontinued and the
structure, or portion thereof, vacated,
fBill Section 106,3,1 is amended and supplemented by the addition thereof of a new
section to be known as subsection 106.3.1 (8), to read as follows:
As much information as required to provide an accurate environmental
disclosure,
ORD#
, PAGE 20
ORD#
~@ Section 106.4.1 is amended and supplemented by the addition of a new paragraph
to read as follows:
When the size of the building is increased or the scope for which the permit
was issued is changed, the building official may amend the building permit.
When such fees specified in section 107 have been paid and when changes
to the plans and application are approved, the building official shall issue an
"amended permit," which includes the approved changes as well as the
original plans and specifications. The issuance of such amended permit shall
void the original permit.
f31ill Section 106.4.4 is amended and supplemented by the addition of a new paragraph
to read as follows:
Land surface modification (grading permits, building permits for R-3 and U
occupancies) shall expire one year from the date of issue. Building permits
may be renewed for one-half of the original permit fee for the first permit
issued for such work.
f41(Q) Section 107.4 is amended and supplemented to read as follows:
(d) Expiration of plan review. Applications for building permits which have
not been approved by the department of community development, public
works department, fire prevention bureau, King County health department,
or building division within 180 days following the date of application shall
expire by limitation and become null and void if no permit has been issued,
Any time spent in the state environmental policy act review process shall not
be included in the allotted 180 days. Plans and other data submitted for
review thereafter may be returned to the applicant or destroyed by the
building official. The building official may extend the 180-day time
limitation following the application for permit for a period of not more than
180 days upon request of the applicant showing that circumstances beyond
the control of the applicant have prevented action from being taken. The
review time by other departments may not be extended. No application shall
be extended more than once, In order to renew action on an application after
expiration, the applicant shall pay a new application fee, and the "application
date" shall be the date of payment of the new application fee.
Upon notification of the availability of permit by the building official, such
permit must be obtained within 180 days of application date, The building
official may extend the 180-day time limitation following the application for
a permit by not more than 180 days upon request of the applicant showing
that circumstances beyond the control of the applicant have prevented action
, PAGE 21
from being taken, No unissued permit shall be extended more than once, In
order to renew action on an application after expiration, the applicant shall
resubmit plans and pay a new application fee and any remaining plan review
fee. The rules and regulations in effect on the date of such reapplication
shall govern the permit application.
f51ill Section 108.4 is amended and supplemented by the addition of a new paragraph to
read as follows:
Buildings that have not received a final approval shall not be occupied
without written approval of the building official.
WOO Section 1804.7 of the Uniform Building Code is hereby amended and supplemented
to read as follows:
Drainage. Provisions shall be made for the control and drainage of surface
water around buildings, Adequate provisions shall be made to insure that
underfloor spaces remain free of running or standing water. As a minimum,
such drains shall be installed around the perimeter of the building at the
footings. Additional drains may be required in the underfloor space, The
drainpipes shall be of sufficient size to adequately convey water to an
approved location, but shall be a minimum size of four inches, Provisions
shall be made to prevent the drainage system from becoming blocked with
soil. The building official may waive the provisions of this section when
soils appear to adequately drain the site and no water will stand or run under
the building.
f71(2) Appendix Chapter 34, Section 3406.2 is deleted in its entirety.
Sec. 5-68. Uniform Building Code Section 105 amended - Board of Appeal.
Section 105 of the Uniform Building Code, as adopted by this chapter, is hereby amended
to read as follows:
105,1 General. IIcarÌngs and decisions of aAppeals of orders, decisions, or determinations
made by the Building Official relative to the application and interpretation of this code, except
orders, rulings or decisions pertaining to enforcement of this code, shall be made to the Hearing
Examiner pursuant to FWCC Sec, 5-6,
105.2 Limits of Authority, The Hearing Examiner shall have no authority relative to the
interpretation of the administrative provisions of this code nor shall the Hearing Examiner be
empowered to waive requirements of this code.
ORD#
, PAGE 22
105.3 Enforcement. Civil enforcement of the provisions of this code and the terms and
conditions of any permit or approval issued pursuant to this code shall be governed by FWCC
Chapter I, Article III, Civil Enforcement of Code. Civil enforcement is in addition to, and does not
limit any other forms of enforcement available to the City including, but not limited to, criminal
sanctions as specified herein or in FWCC Chapter 1, Articles II -III, nuisance and injunction actions,
or other civil or equitable actions to abate, discontinue, correct or discourage unlawful acts in
violation of this code.
Sec. 5-91. Appeals.
Appeals made from any ruling under this article, except rulings or decisions pertaining to
enforcement of this article, shall be pursuant to FWCC section 5-6,
Sec. 5-9~~ - 5-100. Reserved.
Sec. 5-143. Appeals.
Appeals made from any ruling under this article, except rulings or decisions pertaining to
enforcement of this article, shall be pursuant to FWCC section 5-6.
Sec. 5-144~ - 5-165. Reserved.
Sec. 5-167. Appeals.
Appeals made from any ruling under this article, except rulings or decisions pertaining to
enforcement of this article or any of the codes adopted hereunder, shall be pursuant to FWCC
section 5-6.
Sec. 5-168.
Amendments - Uniform Code for the Abatement of Dangerous buildings_-
Sedi6n 991 Aee6t1nt 6f Expense Filing 6f Ikp6rt Amended.
(1) Sec 202 is amended as follows:
Section 202 Abatement of Dangerous Buildžngs. All buildings or portions thereof
which are determined after inspection by the building official to be dangerous as
defined in this code are hereby declared to be public nuisances and shall be abated
by repair, rehabilitation, demolition or removal in accordance with the procedure
specified in Section 401 of this code as amended herein and FWCC Chapter 1.
ORD#
, PAGE 23
ORD#
Article III, Civil Enforcement of Code, In the event of any conflict between the
applicable provisions of this code and FWCC Chapter I, Article III. the more
restrictive provisions shall apply.
(2) Section 205 is deleted in its entirety.
(3) Sec 401.2 is amended as follows:
Section 401.2 Notice and Orckr. The building official shall issue a notice and order
directed to the rœord o-vvner of the building. pursuant to FWCC Section 1-17. In
addition to the information required by FWCC Section 1-17, :¡: the notice and order
shall contain:
1. The street address Mid a legal deseription sufficient for idemifieation of the
pwffiises upon -vvhieh the building is located.
~L A statement that the building official has found the building to be dangerous
with a brief and concise description of the conditions found to render the building
dangerous under the provisions of Section 302 of this code.
3. A statement of the action to be tftlcen as determined by the building effieial.
3.1 If the building official has determined that the building aor structure must bc
rcpmred, the order sh8:l.1 require that all required permits be seeured therdor Mid the
work physie8:l.ly commcnced within such time (not to exceed 60 days from thc dttte
of the order) Mid completed -vvithin sueh time as the building official shall determinc
is reasonable under the circumstances.
3.2. If the building official has determined that the building aor strueturc must be
vacated, t:hc order shall require that the building or structure shall be vaeated -v"v'ithin a time
eertain from the date ôf the order as dctermincd b) the building official to be n:asonable,
3.3 If the building official has determined thttt the building aor structure must be
dcmolished, the ordcr shall requirc that the building be vaeated -vvithin such time as
the building offieial shall determine is retl3onab1e (not to exceed 60 days from the
date of the order); that all required permits be sccured thercf-or -vvithin 60 days from
t:he date of thc order; Mid thttt the demolition be completed within such timc as the
building official shall determine is rcasoftable.
4. 2. Statements advising that if any required repair or demolition work (without
vacation being also required) is not commenced within the time specified, the
building official (i) will order the building vacated and posted to prevent further
, PAGE 24
ORD#
occupancy until the work is completed, and (ii) may proceed to cause to be done and
charge the costs thereof against the property or its owner.
5, Statemeftts advi3i~ (i) that any person ha-Úng any record title or legal interest in
the building my appeal for the noticc and order or any action of the building official
to the boMd of ttf'peals, provided the appeal is made in -vv riting as pro-vided in this
code and filed -vvith the buildifig official 'vvithin 30 days from thc date of service of
such notice and order; and (iii) that failure to appeal will constitute a -vvaivcr of all
right to an administrative hearing and determination of the matter,
(4) Sections 401.4 and 401.5 are deleted in their entirety.
(5) Section 403 is amended as follows:
Section 403 Repair, Vacation and Demolition. The following standards shall be
followed by the building official (and by the board of ttf'peals hearings examiner if
an appeal is taken) in ordering the repair, vacation or demolition of any dangerous
building or structure:
1. Any building declared a dangerous building under this code shall be made to
comply with one of the following:
1.1 The building shall be repaired in accordance with the current building code or
other current code applicable to the type of substandard conditions requiring repair;
or
1.2 The building shall be demolished at the option of the building owner; or
1.3 If the building does not constitute an immediate danger to the life, limb, property
or safety of the public it may be vacated, secured and maintained against entry.
2. If the building or structure is in such condition as to make it immediately
dangerous to the life, limb, property or safety of the public or its occupants, it shall
be ordered to be vacated.
(6) Section 404.1 is amended as follows:
Section 404.1 Posting. Every notice to vacate shall be issued. served and posted as
an Order to Cease Activity under FWCC Section 1-16, in addition to being served
as provided in Section 401.3, and shall be posted at or upon each exit of the building
and shall be in substanti-vdy the fDllowing form: include the following wording:
, PAGE 25
DO NOT ENTER
UNSAFE TO OCCUpy
It is a misdemeanor to occupy this building, or to remove or deface this notice.
Building Official
City of Federal Way
(7) Chapters 5 and 6 are deleted in their entirety,
(8) Sections 701.1 and 701.2 are deleted in their entirety.
(9) Chapters 8 and 9 are deleted in their entirety,
Sec. 5-162 - 5-215. Reserved.
Sec. 5-218. Enforcement.
The building official is charged with the duty of enforcing this article and determining
whether or not the provisions and requirements of this article have been complied with. Civil
enforcement of the provisions of this article and the terms and conditions of any permit or
approval issued pursuant to this article shall be governed by FWCC Chapter 1, Article III. Civil
Enforcement of Code, Civil enforcement is in addition to, and does not limit any other forms of
enforcement available to the City including, but not limited to, criminal sanctions as specified
herein or in FWCC Chapter 1, Articles II -III. nuisance and injunction actions, or other civil or
equitable actions to abate, discontinue, correct or discourage unlawful acts in violation of this
article.
Sec. 5-226. Appeal~ pröeess.
An}' appeals of any dceisiofts rendered þursuMrt to this artiele shall be made to a hearing
cxamifter appoimcd by the city. Procedural rules coftecming appeals shall be as provided in
process I of ehaþter 22, Zoning. Appeals made from any ruling under this article, except rulings
or decisions pertaining to enforcement of this article, shall be pursuant to FWCC section 5-6.
Sec. 5-322. Amendments.
The following amendments to the codes adopted in section 5-320 are hereby adopted:
Section 204 of the Uniform Administrative Code as adopted by this chapter, is
hereby amended to read as follows:
(1)
Section 204, Appeals,
ORD#
, PAGE 26
204.1 General. Hearings tlfid decisions of aAppeals of orders, decisions; or
determinations made by the Building Official relative to the application and interpretation of this
code, except orders, rulings or decisions pertaining to enforcement of this code, shall be made to
the Hearing Examiner pursuant to FWCC Sec. 5-6,
204.2 Limits of Authority. The Hearing Examiner shall have no authority relative to the
interpretation of the administrative provisions of this code nor shall the Hearing Examiner be
empowered to waive requirements of this code.
204,3 Enforcement. Civil enforcement of the provisions of this code and the terms and
conditions of any permit or approval issued pursuant to this code shall be governed by FWCC
Chapter 1, Article III, Civil Enforcement of Code, Civil enforcement is in addition to, and does
not limit any other forms of enforcement available to the City including, but not limited to,
criminal sanctions as specified herein or in FWCC Chapter 1. Articles II -III, nuisance and
injunction actions, or other civil or equitable actions to abate, discontinue, correct or discourage
unlawful acts in violation of this code,
(2) Section 301.1.3 of the Uniform Administrative Code Provisions for the NEC is
amended to read as follows:
(b)
ORD#
, PAGE 27
Exempt work. An electrical permit shall not be required for the
following:
1.
Portable motors or other portable appliances energized by means
of a cord or cable having an attachment plug end to be connected
to an approved receptacle when that cord or cable is permitted by
this code.
2,
Repair or replacement of fixed motors, transformers or fixed
approved appliances of the same type and rating in the same
locations.
3.
Temporary decorative lighting,
4.
Repair or replacement of current-carrying parts of any switch,
contractor or control device.
5.
Reinstallation of attachment plug receptacles, but not the outlet
therefor.
6.
Repair and replacement of any over current device of the required
capacity in the same location.
7.
8.
9.
Repair or replacement of electrodes or transformers of the same
size and capacity for signs or gas tube systems.
Taping joints.
Removal of electrical wiring,
10.
Temporary wiring for experimental purposes in suitable
experimental laboratories.
11.
The wiring for temporary theater, motion picture or television
stage sets.
12,
A permit shall not be required for the installation, alteration or
repair of electrical wiring, apparatus or equipment or the
generation, transmission, distribution or metering of electrical
energy or in the operation of signals or the transmission of
intelligence by a public or private utility in the exercise of its
functions as a serving utility,
Exemption from the pennit requirements of this code shall not be deemed to grant
authorization for any work to be done in violation of the provisions of this code
or any other laws or ordinances of the jurisdiction.
B.
The following new sections are added to Chapter 5 of the Federal Way City
Code, as follows:
Sec. 5-7. Enforcement. [general]
Notwithstanding any provision to the contrary, civil enforcement of the provisions of this
article and the tenus and conditions of any pennit or approval issued pursuant to this article shall
be governed by FWCC Chapter 1, Article III, Civil Enforcement of Code, Civil enforcement is
in addition to, and does not limit any other fonns of enforcement available to the City including,
but not limited to, criminal sanctions as specified herein or in FWCC Chapter 1, Articles II -III,
nuisance and injunction actions, or other civil or equitable actions to abate, discontinue, correct
or discourage unlawful acts in violation of this article.
Sec. 5-43. Enforcement. [administration]
Notwithstanding any provision to the contrary, civil enforcement of the provisions of this
article and the tenus and conditions of any permit or approval issued pursuant to this article shall
ORD#
, PAGE 28
be governed by FWCC Chapter 1, Article III, Civil Enforcement of Code. Civil enforcement is
in addition to, and does not limit any other forms of enforcement available to the City including,
but not limited to, criminal sanctions as specified herein or in FWCC Chapter 1, Articles II -III,
nuisance and injunction actions, or other civil actions,
Sec. 5-92. Enforcement. [plumbing code]
Notwithstanding any provision to the contrary, civil enforcement of the provisions of this
article and the terms and conditions of any permit or approval issued pursuant to this article shall
be governed by FWCC Chapter 1, Article III. Civil Enforcement of Code. Civil enforcement is
in addition to, and does not limit any other forms of enforcement available to the City including,
but not limited to, criminal sanctions as specified herein or in FWCC Chapter 1 Articles II -III,
nuisance and injunction actions, or other civil or equitable actions to abate. discontinue, correct
or discourage unlawful acts in violation of this article.
Section 7. Amendment. Chapter 10 of the Federal Way City Code shall be
amended as follows:
Sec. 10-29. Pt:ftalty Enforcement.
Any I'crsofi ~Nho violatcs thc I'ro~v'isiofis of this articlc shall be subj cct to a civil fific fiOt
to cxcecd $250.00 for a first offefisc. Civil enforcement of the provisions of this chapter shall be
governed by FWCC Chapter 1, Article III, Civil Enforcement of Code, Civil enforcement is in
addition to, and does not limit any other forms of enforcement available to the City including,
but not limited to, criminal sanctions as specified herein or FWCC Chapter 1, Articles II -III.
nuisance and injunction actions, or other civil or equitable actions to abate, discontinue. correct
or discourage unlawful acts in violation of this chapter. For second and subsequent offcfiscs
violations of the provisions of this chapter, the person shall also be guilty of a misdemeanor and
upon conviction shall be punished as provided in section 1-13.
Section 8. Amendment. Chapter 11 of the Federal Way City Code shall be
amended as follows:
Sec. 11-53. Responsibility Pr6st:euti6ft for violation.
ORD#
, PAGE 29
Anyone concerned in the violation of this article, whether directly committing the act or
omitting to do the thing constituting the offense, or who aids or abets the same, shall be a
principal under the terms of this article, and may be prosecuted and have the code enforced
against him or her shall be proceeded against and prosecuted as such.
Sec. 11-54. Enforcement P£ftalty f6r vi61ati6ft.
(a) Civil enforcement of the provisions of this article shall be governed by Federal Way
City Code Chapter 1, Article III, Civil Enforcement of Code. Civil enforcement is in addition
to, and does not limit any other forms of enforcement available to the City including, but not
limited to, criminal sanctions as specified herein or in FWCC Chapter 1, Articles II -III,
nuisance and injunction actions, or other civil or equitable actions to abate, discontinue, correct
or discourage unlawful acts in violation of this article.
(b). Conviction of a violation of or failure to comply with the provisions of this article
shall also constitute a misdemeanor and shall be punished as provided in section 1-13, except
for violations of provisions that constitute gross misdemeanors, conviction of which shall be
punished by a fine not to exceed $5,000.00 or imprisonment in jail not exceeding one year, or by
both such fine and imprisonment,
Section 9. Amendment. Chapter 12 of the Federal Way City Code shall be
amended as follows:
Sec. 12-21. Administration and Enforcement.
W The director, or the director's representative, is hereby authorized and directed to
administer the collection and disposal of all garbage, recyclables and yard waste in the city, and
to enforce the provisions of this chapter.
(b) Civil enforcement of the provisions of this article, as against all persons other than
authorized franchisees. shall be governed by Federal Way City Code Chapter 1, Article III, Civil
Enforcement of Code. Civil enforcement is in addition to, and does not limit any other forms of
enforcement available to the City including, but not limited to, criminal sanctions as specified
herein or in Federal Way City Code section 1-13, nuisance and injunction actions. or other civil
or equitable actions to abate, discontinue, correct or discourage unlawful acts in violation of this
article, Enforcement of the provisions of this article and chapter against authorized franchisees
shall be as provided by the applicable franchise agreement and as otherwise provided by law.
including but not limited to criminal sanctions as specified herein or in Federal Way City Code
section 1-13, nuisance and injunction actions, or other civil or equitable actions to abate,
discontinue, correct or discourage unlawful acts in violation of this article,
ORD#
, PAGE 30
Section 10. Amendment. Chapter 16 of the Federal Way City Code shall be
amended as follows:
Sec. 16-37. Enforcement officer.
The public works department director or designee shall be responsible for the
ÏltVc3tigtttion of viohltions enforcement of the provisions of this division.
Sec. 16-38. Criminal Enforcement penalty.
Any person convicted of violating any provision of this division shall be punished by a
fine of not more than $5,000,00 or imprisonment for not more than six months, or both, by such
fine and imprisonment for each day or part of a day during which the unlawful act or violation
occurs. The property owner or other person may also be ordered to discontinue the unlawful act
or correct the violation. Criminal enforcement is in addition to, and does not limit any other
forms of enforcement available to the City including, but not limited to, civil enforcement as
specified herein or FWCC Chapter 1. Article III. nuisance and injunction actions. or other civil
or equitable actions to abate, discontinue, correct or discourage unlawful acts in violation of this
division.
Sec. 16-39. Civil Enforcement penalty.
Any person who violatcs or fails to comply with any provision of this diyision and the
O',.\'flcr of thc property upon which a violation of this di~¡ision cxists or is located is, in addition to
a erimiftal pcnalty, subjcct to a maximum ei~;il pcflalty of $5,000,00 for cach day Of portion of
thttt day thttt a violation eofttiltUcs, except that the O'vVfler of the propcrty upon -vVhieh the
'v'iolation is located or exists, ~vvliO is in no ~V'v'ay activc1:f involvcd in thc v"iolation, shall bc subject
t'Û the civil pcnalty only if he or she fails to corrcct the ~v"iolation after being ordered to do so
under thc provisions of this di-v'ision.
Civil enforcement of the provisions of this division shall be governed by Federal Way
City Code Chapter 1. Article III. Civil Enforcement of Code. Civil enforcement is in addition
to, and does not limit any other forms of enforcement available to the City including, but not
limited to, criminal sanctions as specified herein and in FWCC Chapter 1, Articles II -III,
nuisance and injunction actions, or other civil or equitable actions to abate, discontinue, correct
or discourage unlawful acts in violation of this division.
Sec. 16-40. Other legal remedies Reserved.
ORD#
, PAGE 31
Nothing in this division limits the right of the city to pursuc othcr la-.vful criminal, civil
or equitable remedies to abate, disemttinuc, correct or discourage unla-.vful acts in violation of
this cli-. isiofi,
Section 11. Amendments. Chapter 20 of the Federal Way City Code shall be
amended as follows:
Sec. 20-5. Violations, enforcement and penalties.
(a) Any person or any agent thereof who divides land into lots, tracts, or parcels ofland
and sells or transfers, or offers or advertises for sale or transfer, any such lot, tract or parcel
without having a final plat, short plat, boundary line adjustment, or binding site plan filed for
record, or who otherwise violates or fails to comply with any of the provisions of this chapter, or
any amendment thereto, shall be guilty of a gross misdemeanor punishable by a fine of not more
than $5,000,00 for each offense. Each such sale, offer for sale, lease or transfer of each separate
lot, tract or parcel of land shall be deemed a separate and distinct offense; provided, however, an
offer or agreement to sell, lease, or otherwise transfer a lot, tract or parcel of land following
preliminary plat approval shall not be deemed in violation of this chapter if performance of the
offer or agreement is expressly conditioned on the recording of the final plat containing the lot,
tract or parcel. All payments on account of an offer or agreement conditioned as provided in this
section shall be deposited in an escrow or other regulated trust account and no disbursement to
the seller shall be permitted until the final plat is recorded,
(b) Whenever land within a subdivision granted final approval is used in a manner or for
a purpose which violates any provision of this chapter, any provision of the local subdivision
regulations, or any term or condition of plat approval prescribed for the plat by the local
government, then the prosecuting attorney, or the attorney general if the prosecuting attorney
shall fail to act, may commence an action to restrain and enjoin such use and compel compliance
with the provisions of this chapter or the local regulations, or with such terms or conditions. The
costs of such action may be taxed against the violator.
( c) Any person who violates any court order or injunction issued pursuant to this chapter
shall be subject to a fine of not more than $5,000.00 or imprisonment for not more than 90 days
or both,
(d) No building permit, septic tank permit, or other development permit, shall be issued
for any lot, tract, or parcel of land divided in violation of this chapter or local regulations
adopted pursuant thereto unless the authority authorized to issue such permit finds that the public
interest will not be adversely affected thereby. The prohibition contained in this section shall not
apply to an innocent purchaser for value without actual notice, All purchasers' or transferees'
property shall comply with provisions of this chapter and each purchaser or transferee may
recover his or her damages from any person, firm, corporation, or agent selling or transferring
ORD#
, PAGE 32
land in violation of this chapter or local regulations adopted pursuant thereto, including any
amount reasonably spent as a result of inability to obtain any development permit and spent to
conform to the requirements of this
chapter as well as cost of investigation, suit and reasonable attorneys' fees occasioned thereby,
Such purchaser or transferee may as an alternative to conforming his property to these
requirements, rescind the sale, or transfer and recover costs of investigation, suit and reasonable
attorneys' fees occasioned thereby.
( e) In the alternative or, to the extent allowed by law, in addition to the remedies
prescribed in this section, the city, through its authorized agents, may commence an action to
enforce this chapter, any local subdivision regulation or any term or condition of plat approval
prescribed by the City Council, according to Federal Way City Code Chapter 1, Article III,
Civil Enforcement of Code. Civil enforcement is in addition to, and does not limit any other
forms of enforcement available to the City including, but not limited to, criminal sanctions as
specified in this section and in FWCC Chapter 1, Articles II -III, nuisance and injunction
actions, or other civil or equitable actions to abate, discontinue, correct or discourage unlawful
acts in violation of this chapter, any local subdivision regulation or any term or condition of plat
approval prescribed by the City Council. The City may also, commence an action to restrain
and enjoin violations of this chapter or of any term or condition of plat approval prescribed by
the city, and/or to compel compliance with the provisions of this chapter, or with such terms or
conditions, In the event such action is commenced, =flhe costs of such action may be taxed
against the violator.
Section 12. Severability. The provisions of this ordinance are declared separate
and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion
of this ordinance or the invalidity of the application thereof to any person or circumstance, shall
not affect the validity of the remainder of the ordinance, or the validity of its application to any
other persons or circumstances,
Section 13. Ratification. Any act consistent with the authority and prior to the
effective date of this ordinance is hereby ratified and affirmed.
Section 14. Effective Date. This ordinance shall be effective thirty (30) days
after passage and publication as provided by law.
ORD#
, PAGE 33
PASSED by the City Council of the City of Federal Way this
,1999.
ATTEST:
CITY CLERK, N. CHRISTINE GREEN, CMC
APPROVED AS TO FORM:
CITY ATTORNEY, LONDI K. LINDELL
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.
ORD#
, PAGE 34
CITY OF FEDERAL WAY
day of
MA YOR, RON GINTZ
K:\cd\civv
io13
CITY OF -
-: 8_: I:C~
~~~
DATE:
March 31,1999
TO:
Phil Watkins, Chair
Land Use and Transportation Committee
FROM:
Cary M. Roe, Public Works Director
~
SUBJECT:
Update on 1999 Grant Applications for Transportation
Improvement Projects
Background
In November, 1998, Public Works staff presented to both the Land Use/Transportation Committee
and full City Council, a list of transportation improvement projects with potential grant funding
sources, and estimated City match requirements.
This memorandum provides Council members with the current status of the grant applications
submitted, the funding received to date, and outlines three new proposed grant submittals. As in
November, the amounts shown for the City's match are conservative estimates and may fluctuate
based on each project's statewide competitiveness. Development impact fees collected for these
projects are included in the amounts shown for the City's match.
SR 99: S 312 Street - S 324th Street
Add HOV lanes (right of:vay, construction)
\
~
,
$6.67 million in F"e(!eral TEA21 and State Transportation Improvement Acct (TIA)
funding awarded;
New - Public Works staff is currently preparing two new grant applications for submittal
on April 12, 1999 for Regional TEA21, and in May, 1999 for Countywide TEA 21 funding
(No dollar amount for this application is listed below as program details and requirements
are not yet available to agencies)
~
Statewide Federal Surface Transportation Program and
State Transportation Improvement Account
Grant Application to Regional TEA21
City Match (20%)
$ 6,670,000.00
$ 1,500,000.00
$ 1.000.000.00
$ 9,170,000.00
BP A Trail Phase III
Multimodal trai/from Campus Drive to SW 356th Street (right alway, construction)
~
No statewide TEAll funding received;
~
New - Public Works staffis currently preparing a grant applicationfor Regional TEAll
funding due April 12, 1999
Regional TEA 21 (86.5%)
City Match (13.5%)
$629,775.00
$ 98289.00
$728,064.00
SR 99 @ S 330th Street
Signalization, pedestrian improvements (construction)
~ Project Selection process will be complete on April 9, 1999
Federal Hazard Elimination (49.3%)
State Pedestrian Facilities Program (already obtained)
City Match (20%)
$ 160,000.00
$ 100,000.00
$ 65,000.00
$ 325,000.00
S 288th Street @ SR 99
Add left-turn lanes (design, right olway, construction)
~
No grantfunding awarded
State Urban Arterial Trust Account (80%)
City Match (20%)
$ 892,200.00
$ 223,100.00
$1,115,300.00
S 312th Street @ 14th Avenue S
Signalization (design, construction)
~ No grant funding awarded
State Pedestrian Facilities Program (80%)
City Match (20%)
$ 100,000.00
$ 25,000.00
$ 125,000.00
S 336tb Street @ Weyerbaeuser Way S
Signalization or Roundabout (design, construction)
~ Project Selection process will be complete on April 9, 1999
Federal Hazard Elimination (46.2%)
Weyerhaeuser Contribution (26.9%)
City Match (26.9%)
$ 300,000.00
$ 174,350.00
$ 174,350.00
$ 648,700.00
Funding Totals
Federal Grants - TEA21
State Grants
Weyerhaeuser Contribution
City Match
$9,259,775.00
$ 1,092,200.00
$ 174,350.00
$1.585,739.00
$12,112,064.00
Recommendation
Public Works staff requests the Committee accept the progress update on the grant application
process; approve of the three new grant submittals for Regional and Countywide TEA21 funding of
the SR99, S 312lh to S324th Street and BPA Trail Phase IlJ projects; and forward the
recommendation to the April 20, 1999 City Council meeting for consideration.
CMR\KM:jg
cc: Public Works Managers
C. Roe Working File
Department Grant Files
Day File
k:\lutc\1999\grantap3.wpd
CITY OF FEDERAL WAY
MEMORANDUM
DATE:
April 1, 1999
TO:
Phil Watkins, Chair
Land Use/Transportation Committee
Jeff Pratt, Surface W ater Manage~
New 14,000 GVW Cab over Flat Bed Dump Truck Purchase
FROM:
RE:
Background:
Due to lost time in rebidding this vehicle staff has requested and received authorization to bring
this item to the Land Use/Transportation Committee rather than the Finance/Economic
Development/Regional Affairs Committee thereby accelerating the purchase date. During the
budget cycle for the 1999/2000 Biennial Budget, Council appropriated $29,500.00 for use in the
purchase of a flat bed dump truck and truck bed hoist.
On March 29, 1999, the City received the following four bids:
Vendor
Harris Ford Isuzu, Lynnwood, W A
Gilchrist Chevrolet, Tacoma, W A
Husky International, Seattle, W A
Sea- Tac Truck Center, Seattle, W A
Bid Amount
Not Responsive
$26,942.82
$30,717.51
$38 731.43
The low-bidder is Gilchrist Chevrolet, with a total bid amount of $26,942.82.
Recommendation:
Staff recommends award of the bid to the lowest responsive and responsible bidder, Gilchrist
Chevrolet, in the amount of $26,942.82. Staff requests that the committee forward this item to the
City Council for their consideration during the April 20, 1999 meeting.
IP:jp
K:\LUTC\1999\SWMTRUCK,LUT