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ORD 15-793 ORDINANCE NO. 15-793 AN ORDINANCE of the City of Federal Way,Washington, relating to the regulation of property under the International Property Maintenance Code; amending Chapter 13.43 FWRC. (Amending Ordinance No. 13-743) WHEREAS,The City of Federal Way adopted the 2012 International Property Maintenance Code ("IPMC") to regulate property within the City in the interest of public health, safety, and welfare; and WHEREAS,the IPMC requires local jurisdictions to amend the IPMC by filling in blanks to set the maximum allowable heights for grass and weeds on both development and vacant properties; and WHEREAS, when the City adopted the IPMC pursuant to Ordinance 13-743, it did not amend the IPMC to include maximum allowable heights for grass and weeds on both development and vacant properties; and WHEREAS, the City Council has considered proposed changes to Title 13 FWRC and wishes to correct the oversight in Ordinance 13-743; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON,DO ORDAIN AS FOLLOWS: Section 1. FWRC 13.43.030 shall be amended to read as follows: The following amendments to the IPMC adopted in FWRC 13.43.010 are hereby adopted: (1)IPMC 101.1, Title, is hereby amended to read as follows: These regulations shall be known as the Property Maintenance Code of City of Federal Way, hereinafter referred to as"this code." Ordinance No. 15-793 Page 1 of 5 (2) IPMC 102.3, Application of other codes, is hereby amended to read as follows: Repairs, additions or alterations to a structure, or changes of occupancy, shall be done in accordance with the procedures and provisions of the International Building Code, International Residential Code,International Fuel Gas Code,International Mechanical Code,Uniform Plumbing Code, National Electrical Code, Washington State Energy Code and the Washington State Ventilation and Indoor Air Quality Code.Nothing in this code shall be construed to cancel,modify or set aside any provision of the Federal Way Revised Code. (3)IPMC 103 is hereby deleted in its entirety. (4) IPMC 106.2,Notice of violation, is hereby amended to read as follows: The code official shall serve a notice of violation or order in accordance with Title 1 of the Federal Way Revised Code (FWRC). (5) IPMC 106.3, Prosecution of violation, is hereby deleted in its entirety. (6) IPMC 106.4, Violation penalties, is hereby deleted in its entirety. (7) IPMC 106.5, Abatement of violation, is hereby deleted in its entirety. (8) IPMC 107.1,Notice to person responsible, is hereby amended to read as follows: Whenever the code official determines that there has been a violation of this code or has grounds to believe that a violation has occurred, notice shall be given in the manner prescribed in Section 1.15.040 of the FWRC. (9)IPMC 107.2, Form, is hereby deleted in its entirety. (10) IPMC 107.3, Method of service, is hereby deleted in its entirety. (11) IPMC 107.5, Penalties, is hereby deleted in its entirety. (12) IPMC 111, title, is hereby amended to read as follows: Ordinance No. 15-793 Page 2 of 5 HEARINGS EXAMINER. (13) IPMC 111.1, General, is hereby amended to read as follows: Appeals of orders,decisions or determinations made by the building official relative to the application and interpretation of this code shall be made to the hearings examiner pursuant to FWRC 13.05.060. (14) IPMC 111.2, Limitations on authority, is hereby amended to read as follows: An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder have been incorrectly interpreted,the provisions of this code do not fully apply. The hearings examiner shall have no authority relative to the interpretation of the administrative rovisions of this Code nor shall the hearings examiner be empowered to waive any P g requirements of this code. (15) IPMC 112,title, is hereby amended to read as follows: ORDER TO CEASE ACTIVITY (16) IPMC 112.1,Authority, is hereby amended 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 FWRC 1.15.030. (17) IPMC 112.2,Issuance, is hereby amended 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 pursuant to FWRC 1.15.030, order such use discontinued and the Ordinance No. 15-793 Page 3 of 5 structure, or portion thereof, vacated. (18)IPMC 112.3, Unlawful continuance, is hereby amended to read as follows: Any person who shall continue any work after having been served with an order to cease activity, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be subject to penalties as prescribed by law. (19) IPMC 202, Definitions, is hereby amended to read in part: CODE OFFICIAL. Shall mean the Building Official. (20) IPMC 302.4, Weeds, is hereby amended to read as follows: All premises and exterior property shall be maintained free from weeds or plant growth in excess of six inches in height on development property or 12 inches in height on vacant land. All noxious weeds shall be prohibited. Weeds shall be defined as all grasses, annual plants, and vegetation, other than trees or shrubs; however, this term shall not include cultivated flowers and gardens. Section 2. Severability. Should any section,subsection,paragraph,sentence,clause,or phrase of this chapter, or its application to any person or situation, be declared unconstitutional or invalid for any reason,such decision shall not affect the validity of the remaining portions of this chapter or its application to any other person or situation. The City Council of the City of Federal Way hereby declares that it would have adopted this chapter and each section, subsection, sentence, clauses, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. Section 3. Corrections. The City Clerk and the codifiers of this ordinance are authorized to make necessary corrections to this ordinance including, but not limited to, the correction of Ordinance No. 15-793 Page 4 of 5 scrivener/clerical errors, references, ordinance numbering, section/subsection numbers and any references thereto. Section 4.Ratification.Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 5. Effective Date. This ordinance shall take effect and be in force thirty(30) days from and after its passage and publication, as provided by law. PASSED by the City Council of the City of Federal Way this 19th day of May, 2015. CITY OF FEDERAL WAY OR, M FERRELL ATTEST: Ad. ERK, STEPHANIE C O EY, CMC APPROVED AS TO FORM: 4.da CITY AT • ' EY, AMY JO PEARSALL FILED WITH THE CITY CLERK: 05/15/2015 PASSED BY THE CITY COUNCIL: 05/19/2015 PUBLISHED: 05/22/2015 EFFECTIVE DATE: 06/21/2015 ORDINANCE NO.: 15-793 Ordinance No. 15-793 Page 5 of 5