ORD 15-793 - Relating to the Regulation of Property Under the IPMC 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."
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(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:
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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
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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
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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
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