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HomeMy WebLinkAbout1974-1690 ADOPTING THE UNIFORM HOUSING CODE. ORDINANCE NO. 1690 AN ORDINANCE relating to building regulations; adopting by reference the Uniform Housing Code, 1973 Edition, published by the International Conference of Building Officials as the housing code of the City of Yakima and making amendments thereto; declaring violations thereof to constitute mis- demeanors and providing punishment for such violations; and amending Sections 11.20.005, 11.20.010, 11.20.020, 11.20.030, 11.20.040 and 11.20.050; and enacting new Sections 11.20.015, 11.20.060 and 11.20.070, all of the City of Yakima Municipal Code. WHEREAS, R.C.W. 35.21.180 authorizes cities and towns within the State of Washington to pass ordinances adopting by reference compilations and codes relating to the construction of buildings, and WHEREAS, the City Council of the City of Yakima has heretofore examined and understands the scope and purpose of the regulations of the "Uniform Housing Code", 1973 Edition, of the International Conference of Building Officials and deems it in the best interests of the City that such Uniform Housing Code be adopted as the law of the City of Yakima, and WHEREAS, three copies of such Uniform Housing Code have hereto- fore been filed in the office of the City Clerk of the City of Yakima for use and examination by the public, as required by law, now, there- fore, BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1. Section 11.20.005 of the City of Yakima Municipal Code is hereby amended to read as follows: "11.20.005 Adoption of Uniform Housing Code. The 'Uniform 410 Housing Code', 1973 Edition, of the International Conference of Building Officials of which not less than three copies each have been and now are on file in the office of the City Clerk of the City of Yakima, is hereby adopted and incorporated as fully as if set out in full herein, as the Housing Code of the ' City of i(akima, except as hereinafter amended, and the pro- vipions and regulations thereof are hereby adopted as the provisions and regulations of the City of Yakima; and the several sections or numbers therein shall constitute, and may be referred to, as the numbers of this chapter." Section 2. Section 11.20.010 of the City of Yakima Munici- pal Code is hereby amended to read as follows: "11.20.010 Amendment to Subsection H-201 (a), Subsec- tion H-201 (a) of the 'Uniform Housing Code is hereby amended to •read as follows: 'Section H-201. (a) Authority. The Chief Build- Inspector is hereby authorized and directed to administer and enforce all of the provisions of this Code. When- ever the term "Building Official" is used in this Code, it shall be construed to mean the Chief Building Inspec- tor. When the term "Authorized Representative" or "Assistant" is used in this Code, it shall mean a Hous- ing Code Inspector'." Section 3. Section 11.20.015 is hereby enacted as a new section of the City of Yakima Municipal Code to read as follows: "11.20.015. Amendment to Section H-203. Section H-203 of the Uniform Housing Code is hereby amended to read as follows: 'Section H-203. A. In order to provide for final interpretation of this Code and to hear appeals provided for hereunder, there is hereby established a Housing Ad- visory and Appeals Board consisting of five members who are not employees of the City. The Building Official shall be an ex officio member of and shall act as Secre- tary to said Board. The Board shall be appointed by the City Council and shall serve at its pleasure. The 411 Board may adopt reasonable rules and regulations for conduc- ting its business and shall render all decisions and findings -2- in writing to the appellant with a copy to the Building Official. Appeals to the Board shall be processed in accordance with the provisions contained in Section 1201 of this Code. Copies of all rules or regulations adopted by the Board shall be delivered to the Building Official who shall make them freely accessible to the public. B. The Board may formulate and adopt, change or add to administrative rules, regulations and policies to be followed by the Chief Building Inspector and Housing Code inspectors to assure uniform interpretation and enforcement of the requirements of the Uniform Housing Code; provided, such rules, regulations and policies shall not conflict with provisions of this chapter nor with other ordinances, resolutions or rules and regulations enacted 411 or adopted by the Yakima City Council nor with other appli- cable laws'." Section 4. Section 11.20.020 of the City of Yakima Municipal Code is hereby amended to read as follows: "11.20.020 Amendment to Section H-301. Section H-301 of the Uniform Housing Code is hereby amended to read as follows: 'Section H-301. A. No person, firm, or corporation shall erect, construct, enlarge, alter, move, improve, remove, convert, or demolish any building or structure, or cause or permit the same to be done, without first obtaining a separate building permit for each such building or structure from 411 the Chief Building Inspector in the manner and according to the applicable conditions prescribed in Chapter 3 of the Uniform Building Code. B. It shall be unlawful for any person, firm or cor— poration to hereafter occupy, or for any owner or manager thereof to permit the occupancy of, any building or addition -37 • thereto or any part thereof for the purpose of habitational occupancy unless and until either a provisional or final certificate of Housing Code compliance has been issued by the Chief Building Inspector. A provisional certificate may be issued whereby premises may be occupied on the condition that certain cor- rectable deficiencies, to be specified in the provisional certificate, shall be repaired according to conditions and within the times specified therein. A provisional certifi- cate may be also issued noting advisory deficiencies and non-correctable deficiencies, as those deficiencies are described in Section H-301, C,of this section. A final certificate of compliance shall be issued pursuant to an inspection of premises which comply with all provisions of the Uniform Housing Code, and such total compliance 110 shall be noted on the face of all such final certificates. Provided, the prohibition of this subsection shall not apply to any occupancy in existence on the effective date of this chapter, and the requirements of this chapter for inspection and certificates of compliance shall apply only to premises where a change of occupancy occurs sub- sequent to the effective date of this chapter. Co Pursuant to the authority of Subsection H-301 B of this section, a provisional certifica t of compliance may be issued pursuant to an inspection which discloses deficiencies specified by the code letters and described .111 as follows: (1) "A"--An advisory deficiency, not constituting an imminent hazard to the health and safety of the occupants and not constituting a code violation at the time of inspec- tion, but which, if not repaired or otherwise corrected -4- would deteriorate so as to constitute a deficiency at a future date, in the opinion of the Housing Code Inspector. (2) "C" - A deficiency deemed by the Housing Code Inspector to be a correctable deficiency, not constituting an imminent hazard to the health and safety of the occupants, to be repaired or otherwise corrected as specified by the Code Inspector, so as to comply with the Code, within a reasonable period of time to be specified on the certificate as determined by the Housing Code Inspector. (3) "N" - A deficiency deemed by the Housing Code Inspector to be a non-correctable deficiency, not consti- tuting an imminent hazard to the health and safety of the occupants, the repair or correction of which would constitute an undue financial hardship on the owner of the property under circumstances then existing. D. It shall be unlawful for an owner or other person to whom a provisional certificate of compliance has been issued, noting a "C" - correctable deficiency described in Subsection H-301 C of this section, to fail to make repairs or other cor- rections within the time specified in such a provisional cer- tificate. E. In the event the inspection discloses a deficiency or deficiencies, whether correctable or non-correctable, which would constitute an imminent hazard to the health and safety of the occupants, the inspector shall note the deficiency or deficiencies on an inspection report and furnish a copy thereof to the owner and occupant, if any, of the premises'." Section 5. Section 11.20.030 of the City of Yakima Municipal Code is hereby amended to read as follows: "11.20.030 Amendment to Section H-302. Section H-302 of the Uniform Housing Code is hereby amended to read as follows: -5- • 'Section H-302 A. Whenever a building permit is required by Section 301 of this Code, the appropriate fees shall be paid to the Chief Building Inspector as specified in Section 303 of the Uniform Building Code. B. Fees for inspections and the issuance of certificates !II of compliance shall be paid in amounts as follows: Each initial inspection $10.00 Each additional unit inspected in an apartment or multiple dwelling $ 2.00'" Section 6. Section 11.20.040 of the City of Yakima Municipal Code is hereby amended to read as follows: "11.20.040 Amendment to Section H-303. Section H-303 of the Uniform Housing Code is hereby amended to read as follows: 'Section H-303. Inspection. A. All buildings or structures within the scope of this chapter and all construc- tion work for which a building permit is required shall be subject to inspection by the Chief Building Inspector or his duly authorized representative. B. Inspection to determine compliance of any build- ing or structure, or portion thereof, with requirements of this chapter shall be made by the City upon payment of the fees specified in Section H-302 by either the owner or tenant, or representative of either, of the premises to be inspected. Such inspection shall be made each time each building, or addition thereto or part thereof, used in whole or in part for habitational occupancy, or any dwelling unit or living unit, has a change of occupants; provided, that such an inspection of any particular dwelling unit or living unit shall not be made more often than one time every five years; provided further, that dwelling units constructed after January 1, 1973, are not subject to manda- tory inspection required by this chapter for a ten -6- year.period following completion of construction; pro- vided further, that the Chief Building Inspector, or his duly authorized representative, may make an inspection of any such premises at any time he has reasonable cause to believe there exists in any building or structure any condition not in accordance with this chapter. C. In the event premises subject to inspection by this chapter are contemplated to be sold or otherwise con- veyed, and when such contemplated sale or other conveyance will result in a change of occupancy of those premises, the seller or owner prior to the conveyance shall apply to the office of the Chief Building Inspector for an inspection and shall obtain a certificate of compliance prior to surrendering possession of the premises to the new owner. Nothing herein contained shall preclude such new owner from undertaking the responsibility to make repairs or correct deficiencies which may be noted on a provisional certificate ofcompliance in the event such a provisional certificate is issued in the circumstance contemplated by this subsection. D. The owner or tenant, or a representative of either, must accompany the Chief Building Inspector or his duly authorized representative on all inspections required by this chapter; provided, the refusal or inability of any such person to be present at the inspection shall not pre- clude, the inspection, and the Chief Building Inspector or his duly authorized representative may proceed to make such an inspection in any legal manner and accompanied by a witness'." Section 7. Section 11.20.050 of the City of Yakima Municipal Code is hereby amended to read, as follows: "11.20.050 Amendment to H-204. Section H-204 of the Uniform . - _ - Housing Code is hereby amended to read as follows: 'Section H-204. No person, firm or corporation, whether as owner, lessee, sublessee, or occupant shall erect, construct, enlarge, alter, repair, move, improve, remove, demolish, equip, use, occupy or maintain any building or premises, or cause or permit the same to be done, contrary to or in violation of any of the provisions of this chapter or any order issued by the Building Offi- • cial hereunder. Any person convicted of failing to comply with requirements of this chapter, or of otherwise violating any provision of this chapter, shall be subject to a fine in any amount not to exceed Two Hundred Fifty • Dollars ($250.00) or by imprisonment in the city jail facility for a period not to exceed ninety (90) days. Each day of such failure to comply, or of such other violation, shall constitute a separate violation for pur- poses of this section'." Section 8 Section 11.20.060 is hereby enacted as a new section of the City of Yakima Municipal Code to read as follows: "11.20.060 Summary Protest. Any person feeling aggrieved by any determination or ruling of the Chief Building Inspector or any Housing Code inspector, other than a determination that a building is a substandard building as defined in Chapter 10 of the Uniform Housing Code and for which determination an appeal is provided by Chapters 12 and 13 of the Uniform Housing • Code, may protest such ruling or decision to the Housing Advisory 40 and Appeals Board. Written notice of such protest shall be filed in the office of the Chief Building Inspector within ten days from the time the protestant is notified of the ruling or deter- mination concerning which the protest is made. Such notice may be in the form of a letter or other informal writing, but shall identify the ruling or decision concerning which the protest is -8- , . F made and shall state reasons for which the protest is made and shall state the relief sought by protestant. Within 15 days after the filing of such a notice of protest, the Board shall • convene to hear the protest and to determine any relief to be granted to protestant. Except for the requirement of this sec- tion pertaining to the time of filing and to the contents of the notice of protest, the proceedings may otherwise be informal and conducted in a manner so as to afford to the protestant a reasonably expeditious and fair opportunity to be heard concern- ing the grievance and so as to afford summary relief to protes- tant in those instances where the Board determines that any relief is to be granted pursuant to a protest." Section 9. Section 11.20.070 is hereby enacted as a new section of the City of Yakima Municipal Code to read as follows: "11.20.070 Variances. A. The Housing Advisory and Appeals • Board may grant variances from the strict application of require- ments of Chapters 5, 6, 7, 8 and 9 of the Uniform Housing Code. A request for a variance shall be filed in the office of the Chief Building Inspector, and the Board may grant a variance after a hearing is held and a determination is made by the Board in the manner provided by Section 11.20.060 of this chapter per- taining to proceedings for hearing and determining a summary protest. B. The Board shall grant an application for a variance if the Board determines that the circumstances surrounding the application are such that it would be impractical or physically impossible for the applicant to strictly comply with the require- 411 ments of the Uniform Housing Code enumerated in Subsection A of this section, or where the applicant lacks the financial capability to strictly comply with such requirements to the extent that undue financial hardship would be imposed on the applicant if -9- • strict compliance were to be enforced; provided, no variance shall be granted in instances where the Board determines that to grant such a variance would create or perpetuate a condition constituting an imminent hazard to the health or safety of 41/ occupants of the premises concerning which the variance is sought." Section 10. This ordinance shall be in full force and effect thirty days after its passage, approval and publication as provided by law and by the City Charter. PASSED BY THE CITY COUNCIL, signed and approved this 5th day of August , 1974. AO" Mayor ATTEST: Cift, Clerk • • 410 • -10-