HomeMy WebLinkAbout4560
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ORDJ:NAJrCB NO. .. 5 15 0
2 AN ORDINANCE OF THE CITY OF AUBURN, WASHINGTON, REPEALING
AUBURN CITY CODE CHAPTER 15.08 ENTITLED "UNIFORM CODES
3 ADOPTION" AND ENACTING A NEW AUBURN CITY CODE CHAPTER 15.08
ENTITLED "BUILDING CODE" AND ADOPTING AND AMENDING THE 1991
4 UNIFORM BUILDING CODE ADOPTED BY THE STATE BUILDING CODE
COUNCIL.
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WHEREAS, the City of Auburn desires to repeal Auburn City
Code Chapter 15.08 entitled "Uniform Codes Adoption" and enact
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a new Auburn City Code Chapter 15.08 entitled "Building Code"
as part of restructuring Title 15 and to adopt the 1991
Uniform Building Code as adopted and amended by the State
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Building Code Council under the authority of RCW 19.27.031 and
certain designated rules contained
in the Washington
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Administrative Code with specified exceptions and amendments
as authorized in RCW 19.27.040.
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NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. PURPOSE. The purpose of this Ordinance is to
repeal Auburn City Code Chapter 15.08 entitled "Uniform Codes
Adoption" and enact a new Chapter 15.08 entitled "Building
Code" and to adopt the 1991 Uniform Building Code adopted and
amended by the State Building Code Council which is included
in certain chapters of the Washington Administrative Code,
with certain amendments, supplements, additions and deletions
thereto as authorized in RCW 19.27.040.
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Ordinance No. 4560
May 14, 1992
Page 1
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section 2.
Chapter 15.08 of the Auburn City Code
2 entitled "Uniform Codes Adoption" is hereby repealed and a new
3 Chapter 15.08 of the Auburn City Code is hereby enacted to be
4 entitled "Building Code" as set forth in attached Exhibit "A"
5 which is attached hereto and incorporated herein.
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Section 3. The Mayor is hereby authorized to implement
7 such administrative procedures as may be necessary to carry
8 out the directions of this legislation.
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Section 4.
This Ordinance shall take effect and be in
10 force five days from and after its passage, approval and
11 publication as provided by law.
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y- / r- ý cJ-/
, r-- / r~ C; cJ-;
S:-/j~9~
INTRODUCED:
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PASSED:
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APPROVED:
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ATTEST:
~iJ~Ád;ú
Robin WOhlhueter,
City Clerk
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Ordinance No. 4560
May 14, 1992
Page 2
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2 APPROVED AS TO FORM:
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ste?l~.~
city Attorney
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PUBLISHED:
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Ordinance No. 4560
May 14, 1992
Page 3
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EXHIBIT "A"
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CHAPTER 15. 08
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BUILDING CO DB
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sections:
15.0B.Ol0
Adoption or 1991 Unirorm Buildinq Code.
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15.08.020
Appeals.
Buildinq Permit Pees.
Recyclable Materials and Solid waste
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15.08.030
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15.08.040
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storaqe
Adoption or 1991 Unirorm Buildinq Code.
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15.08.010
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The 1991 Uniform Building Code adopted and amended by the
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state Building Code Council, and included in Washington
Administrative Code Chapter 51-20, is adopted as the "Building
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Code" of the City of Auburn; Provided, that the amendments,
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deletions and additions thereto as provided in this Chapter
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shall govern over the published provisions of the Uniform
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Building Code.
Section 15.08.020. Appeals.
UBC section 204 is amended to read as follows:
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Ordinance No. 4560 Exhibit "N
May 14, 1992
Page 4
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Appeal to Kearinq Bxaminer.
1.
Appointment and Tera.
In order to hear and decide
appeals of orders, decisions or determinations made
by the building official relative to the application
and interpretation of this code, except as provided
in Chapter 70.92 RCW, a hearing examiner shall be
appointed by the Mayor for a period of five years
and subject to confirmation by the Auburn City
Council.
In the event that the appointed examiner
is unable to perform the duties as hereinafter
described, for whatever reason, or in the event of a
vacancy in office, the Mayor shall appoint an
examiner pro tem who shall have the authorities
herein provided and shall serve the balance of the
hearing examiner's term.
2.
R_oval and Qualirications.
The examiner or the
examiner pro tem may be removed from office by the
mayor with approval by the city council for cause,
including
limited
but
not
to
malfeasance,
misconduct, neglect of duties, unexcused absence,
criticism of public officials or public employees if
such criticism is injurious to the requisite working
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Ordinance No. 4560 Exhibit "A"
May 14, 1992
Page 5
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relationship between hearing examiner and the public
official or public employee to the extent of
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influencing the public perception of the objectivity
of the hearing examiner, or any other act that is
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perceived as not in the best interests of the City.
The examiner and the examiner pro tem shall be
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appointed solely with regard to their qualifications
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for the duties of the office which shall include,
but not be limited to appropriate educational
experience such as construction technology and land
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use law, interpretation and application of the
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Uniform Building Code and other technical codes, and
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public administration. Wherever feasible, the Mayor
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shall endeavor to appoint qualified candidates who
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reside in the Auburn area.
3.
Duties. The examiner pro tem, in the event of the
absence or inability of the examiner to act, shall
have all the duties and powers of the examiner. The
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examiner shall conduct an appeal hearing as provided
herein, enter findings of fact, and conclusions of
law based upon those facts and a decision which is
final action subject to appeal as provided herein.
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Ordinance No. 4560 Exhibit"N
May 14, 1992
Page 6
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4.
Conrlict or interest.
The examiner shall not
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conduct or participate in any hearing or decision in
which the examiner has a direct or indirect personal
interest which might exert such influence upon the
examiner that might interfere with his decision
making process. Any actual or potential conflict of
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interest shall be disclosed by the Hearing Examiner
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to the parties immediately upon discovery of such
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conflict. Participants in the hearing process have
the right, insofar as possible, to have the examiner
free from personal interest or pre-hearing contacts
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on issues considered by him/her.
It is recognized
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that there is a countervailing public right to free
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access to public officials on any matter.
If such
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personal or pre-hearing interest contact impairs the
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examiner's ability to act on the matter, the hearing
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examiner shall state and shall abstain therefrom to
the end that the proceeding is fair and has the
appearance of fairness, unless all parties agree in
writing to have the matter heard by said examiner.
If all parties do not agree and the hearing examiner
must abstain, the Mayor shall be notified and the
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Ordinance No. 4560 Exhibit" A"
May 14, 1992
Page 7
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5.
Mayor shall appoint a hearing examiner pro tem to
sit in the hearing examiner's stead.
Preedom rroa improper inrluence. No council member,
City official, or any other person shall attempt to
interfere with, or improperly influence the examiner
or examiner pro tempore in the performance of
his/her designated duties.
6.
Duties or the Exaainer. Applications and decisions.
For cases and actions as prescribed by ordinance,
tfhe Examiner shall receive and examine available
information, conduct public hearings, prepare a
record thereof,
and enter findings of fact,
conclusions based upon those facts, and a decision.
As provided herein,
such decision is final action
subject to appeal as provided herein.
7.
Application or appeal and rilinq ree.
a.
Pora or Appeal.
Any person receiving a
decision or determination made by the building
official relative to the application and
interpretation of this code may appeal such
determination or decision under this code by
paying the Two Hundred Fifty Dollar ($250.00)
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Ordinance No. 4560 Exhibit "A"
May 14, 1992
Page 8
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filing fee and filing at the office of the
building official a written application of
appeal containing:
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5.
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Ordinance No. 4560 Exhibit "A"
May 14, 1992
Page 9
A heading in the words: "Before the
Hearings Examiner of the City of Auburn".
A caption reading: "Appeal of Building
Official
Decision
or
Determination,"
giving the names of all appellants
participating in the appeal.
A brief statement setting forth the legal
interest of each of the appellants in the
building or the land involved in the
determination or decision.
A brief statement in ordinary and concise
language of the specific action protested,
together with any material facts claimed
to
support
the
contentions
of
the
appellant.
A brief statement in ordinary and concise
language of the relief sought and the
reasons why it is claimed the protested
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action should be reversed, modified or
otherwise set aside.
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The signatures of all parties named as
appellants and their official mailing
addresses.
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The verification (by declaration under
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penalty of perjury) of at least one
appellant as to the truth of the matters
stated in the appeal.
The application of appeal shall be filed within 30
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days from the date of the building official's
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determination or decision; provided, however, that
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if a building or structure is in such condition as
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to make it immediately dangerous to the life, limb,
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property or safety of the public or adjacent
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property and is ordered vacated, such application of
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appeal shall be filed within 10 days from the date
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of
or
building
the
official's
decision
determination.
8.
Processinq Application or Appeal.
Upon receipt of
any application of appeal filed pursuant to this
section together with the Two Hundred Fifty Dollar
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Ordinance No. 4560 Exhibit "A"
May 14, 1992
Page 10
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($250.00) filing fee, the building official shall
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within two (2)
working days of receipt of an
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application determine whether the application is
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complete.
If complete, the application shall be
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accepted.
If not complete, the building official
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shall request that the applicant provide additional
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information
the
to
as
complete
necessary
application. The applicant shall be advised of the
date of acceptance of the application.
9.
Schedulinq and Noticinq Appeal ror Xearinq. As soon
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as practicable after acceptance of the written
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application of appeal, the examiner shall fix a
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date, time and place for the hearing of the appeal.
Such date shall be not less than 10 days nor more
than 90 days from the date the application of appeal
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was filed with the building official.
Written
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notice of the time and place of the hearing shall be
given at least 10 days prior to the date of the
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hearing to each appellant by the examiner either by
causing a copy of such notice to be delivered to the
appellant personally or by mailing a copy thereof,
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Ordinance No. 4560 Exhibit" N
May 14, 1992
Page 11
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postage prepaid, addressed to the appellant at his
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address shown on the appeal.
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10. Brrect or railure to Appeal. Failure of any person
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to file an appeal in accordance with provisions of
this section shall constitute a waiver of any right
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to an administrative hearing and adjudication of the
building official's decisions or determinations.
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11. Scope or Kearinq on Appeal. Only those matters or
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issues specifically raised by the appellant shall be
considered in the hearing of the appeal.
12. øearinq Procedures:
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Record.
a.
A record of the entire proceedings
shall be made by tape recording or by any other
means of permanent recording determined to be
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appropriate by the examiner.
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b.
The proceedings at the hearing
Reportinq.
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shall also be reported by a phonographic
reporter if requested by any party thereto. A
transcript of the proceedings shall be made
available to all parties upon request and upon
payment of the fee prescribed therefor.
Such
fees may be established by the examiner, but
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Ordinance No. 4560 Exhibit "A"
May 14, 1992
Page 12
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shall in no event be greater than the cost
involved.
c.
Continuances.
may
grant
The
examiner
continuances for good cause shown.
d.
oaths--certirication. In any proceedings under
this section, the examiner has the power to
administer oaths and affirmations and to
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certify to official acts.
Reasonable Dispatoh.
The examiner shall
proceed with reasonable dispatch to conclude
any matter before it.
Due regard shall be
shown for the convenience and necessity of any
parties or their representatives.
f.
Notice or Kearinq.
The notice to appellant
shall be substantially in the following form,
but may include other information:
"You are hereby notified that a hearing
will be held before (name of hearing
examiner) at on the day of
, 19 at the hour of
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upon the notice and order
served upon you.
You may be present at
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Ordinance No. 4560 Exhibit" A"
May 14, 1992
Page 13
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the hearing. You may present any relevant
evidence
and
will
be
given
full
opportunity to cross-examine all witnesses
testifying against you.
You may request
the issuance of subpoenas to compel the
attendance of witnesses and the production
of books, documents or other things by
filing an affidavit therefor with (name of
hearing examiner)."
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g.
Subpoenas.
1.
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Ordinance No. 4560 Exhibit "A"
May 14, 1992
Page 14
The examiner may issue subpoenas for the
attendance of witnesses or the production
of other evidence at a hearing upon the
written demand of any party. The issuance
and service of such subpoena shall be
obtained upon the filing of an affidavit
therefor which states the name and address
of the proposed witness; specifies the
exact things sought to be produced and the
materiality thereof in detail to the
issues involved; and states that the
witness has the desired things in his
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possession or under his control. A
subpoena need not be issued when the
affidavit is defective in any particular.
2. Penalties. Any person who refuses without
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h.
lawful excuse to attend any hearing or to
produce
material
evidence
in
his
possession
his
or under
control
as
required by any subpoena served upon such
person as provided for herein shall be
guilty of a misdemeanor and penalized as
provided in ACC 1.24.
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1.
Conduct or Hearinq.
Rules.
Hearings need not be conducted
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2.
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3.
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Ordinance No. 4560 Exhibit "N
May 14, 1992
Page 15
according to the technical rules relating
to evidence and witnesses.
Oral Bvidence.
Oral evidence shall be
taken only on oath or affirmation.
Hearsay Bvidence. Hearsay evidence may be
used for the purpose of supplementing or
explaining any direct evidence, but shall
not be sufficient in itself to support a
finding unless it would be admissible over
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objection in civil actions in courts of
competent jurisdiction in this state.
Admissibility or Evidence.
Any relevant
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evidence shall be admitted if it is the
type of evidence on which responsible
persons are accustomed to rely in the
conduct of serious affairs, regardless of
the existence of any common law or
statutory rule which might make improper
the admission of such evidence over
objection in civil actions in courts of
competent jurisdiction in this state.
Exclusion or Evidence.
Irrelevant and
unduly repetitious evidence shall be
excluded.
6. Riqhts or Parties. Each party shall have
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Ordinance No. 4560 Exhibit 'A"
May 14, 1992
Page 16
these rights among others:
(a) To call and examine witnesses on any
matter relevant to the issues of the
hearing;
(b) To introduce documentary and physical
evidence;
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Ordinance No. 4560 Exhibit"N
May 14, 1992
Page 17
(c) To cross-examine opposing witnesses
on any matter relevant to the issues
of the hearing;
(d) To impeach any witness regardless of
which party first called him to
testify;
(e) To rebut the evidence against him;
(f) To represent himself or to be
represented by anyone of his choice
who is lawfully permitted to do so.
Orficial Ifotice.
(a) What _y be noticed.
In reaching a
decision, official notice may be
taken,
either
before
or
after
submission of the case for decision,
of any fact which may be judicially
noticed by the courts of this state
or official records of departments
and ordinances of the city.
(b)
Parties to be notiried. Parties
present at the hearing shall be
informed of the matters to be
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Ordinance No. 4560 Exhibit "A"
May 14, 1992
Page 18
noticed, and these matters shall be
noted in the record, referred to
therein, or appended thereto.
(c) Opportunity to rerute.
Parties
present at the hearing shall be given
a reasonable opportunity, on request,
to refute
the
official
noticed
matters by evidence or by written or
oral presentation of authority, the
manner of such refutation to be
determined by the hearing examiner.
(d) Inspection or the premises.
The
hearing examiner may inspect any
building or premises involved in the
appeal during the course of the
hearing, provided that (i) notice of
such inspection shall be given to the
parties before the inspection is
made, (ii) the parties are given an
opportunity to be present during the
inspection, and (iii) or the hearing
examiner shall state for the record
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upon completion of the inspection the
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material facts observed and the
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conclusions drawn therefrom.
Each
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party then shall have a right to
rebut or explain the matters so
stated by the hearing examiner.
Limitation or Testimony. The examiner has
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the right to limit the
time a witness may
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testify.
13. Porm and Errective Date or Decision. The decision
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shall be in writing and shall contain findings of
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fact, conclusions of law, a determination of the
issues presented, and the requirements to be
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complied with.
A copy of the decision shall be
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delivered to the appellant personally or sent to him
by certified mail, postage prepaid, return receipt
requested. The effective date of the decision shall
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be as stated therein.
14. Riqhts Granted--Riqht to Appeal.
Nothing in this
Section shall be construed as granting any right of
judicial review which does not previously exist in
law. The decision of the examiner or examiner pro
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Ordinance No. 4560 Exhibit "A"
May 14, 1992
Page 19
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tem shall be final and exclusive. A writ of review
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must be sought in the Superior court of King County,
if at all, by an aggrieved party or person.
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15. Limitations or Authority.
The examiner shall have
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no authority relative to interpretation of the
administrative provisions of this code or the
technical codes nor shall the examiner be empowered
to waive requirements of this code or the technical
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codes.
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Section 15.08.030
Buildinq Permit Pees.
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Table No. 3-A contained in Chapter 3 and referenced in
UBC section 304 is amended to read as follows:
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Ordinance No. 4560 Exhibit 'A"
May 14, 1992
Page 20
1
TABLB NO. 3-A -- BUILDING PERMIT PEES
2 Total Valuation Fee
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$1.00 to $500.00
$501.00 to $2,000.00
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$2,001.00 to $25,000.00
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$25,001.00 to $50,000.00
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$50,001.00 to $100.000.00
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$100,001.00 to $500,000.00
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$500,001.00 to
$1,000,000.00
$1,000,001.00 and up
$15.00
$15.00 for the first $500.00
plus $2.00 for each additional
$100.00 or fraction thereof, to
and including $2,000.00
$45.00 for the first $2,000.00
plus $9.00 for each additional
$1,000.00 or fraction thereof,
to and including $25,000.00
$252.00 for the first $25,000.00
plus $6.50 for each additional
$1,000.00 or fraction thereof,
to and including $50,000.00
$414.50
$50,000.00
additional
fraction
including
for the first
plus $4.50 for each
$1,000.00 or
thereof, to and
$100,000.00
$639.50 for the first
$100,000.00 plus $3.50 for each
additional $1,000.00 or
fraction thereof to and
including $500,000.00
$2,039.50
$500,000.00
additional
fraction
including
for the first
plus $3.00 for each
$1,000.00 or
thereof, to and
$1,000,000.00
$3,539.50 for the first
$1,000,000.00 plus $2.00 for
each additional $1,000.00 or
fraction thereof
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Ordinance No. 4560 Exhibit "A"
May 14, 1992
Page 21
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other Inspections and Fees:
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1. Inspections outside of normal
business hours (minimum charge
two hours)
2. Reinspection fees assessed under
provisions of section 305(g)
.... $30.00 per hour*
$30.00 per hour*
$30.00 per hour*
4. Additional plan review required
9 by changes, additions or revisions
to approved plans .... $30.00 per hour*
10 (minimum charge -- one-half hour)
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3. Inspections for which no fee is
specifically indicated
(minimum charge
one-half hour)
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11 5. Factory Assembled structures Fee:
(a) Residential Private Lot
12 (b) Residential Private Park
(c) Commercial Coach -
13 Per section
6. Housing Compliance/Condominium Fee
14 (a) Single Family Compliance
(b) MUlti-Family Compliance
15 Condominium Conversion
First Unit
16 Each Additional Unit
(c) Residential Moved-in
17 Buildings Minimum 4 Hours
@ $30.00
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7. Moving Buildings on Public-
19 Right-A-Way
20
... . $100.00
$ 60.00
. . . . $100.00
... . $ 60.00
. . . . $ 60.00
... . $ 15.00
$120.00
$ 50.00
*Or the total hourly cost to the jurisdiction, whichever
21 is the greatest. This cost shall include supervision,
overhead, equipment, hourly wages and fringe benefits of the
22 employees involved.
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Ordinance No. 4560 Exhibit "A"
May 14, 1992
Page 22
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.. <
1
section 15.08.040
Recyclable Materials and Solid Waste
storaqe.
A new section 516 and Table No. 5-F are added to Chapter
2
3
4
5 of the Uniform Building Code to read as follows:
5
6
A.
Recyclable Materials and Solid Waste storaqe.
1.
For the purpose of this section, the following
7
definition shall apply:
Recvcled Materials means
8
those solid wastes that are separated for recycling
9
or reuse, such as papers, metals and glass.
10
2.
All new buildings shall provide space :in accordance
with Table No. 5-F for the storage of recycled
11
12
13
materials and solid waste; EXCEPTION:
Division 3 and Group M Occupancies.
The storage area shall be designed to meet the needs
Group R,
14
3.
15
of the occupancy, efficiency of pick-up, and shall
16
be available to occupants and haulers.
17
4.
storage and Handling of Recyclables and Solid Waste
shall comply with the 1991 Edition of the Uniform
18
Fire Code, Article 11, Division III.
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Ordinance No. 4560 Exhibit "A"
May 14, 1992
Page 23
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1
TABLB NO. 5-1' --
2
3 OCCUPANCY
4 OFFICE
5 RETAIL
6 WHOLESALE,
WAREHOUSE
7 INDUSTRIAL
8 EDUCATIONAL
INSTITUTIONAL
9
RESIDENTIAL
10
11
12
13
14
15
16
17
18
19
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21
22
23
24
25
26
.
RBCYCLABLB MATERIALS AND SOLID WASTE
STORAGE AREA REQUIRBMB1IT
AREA REOUIREMENTS
2 SF Per 1000 SF of Gross Floor Area
5 SF Per 1000 SF of Gross Floor Area
3 SF Per 1000 SF of Gross Floor Area
2 SF Per 1000 SF of Gross Floor Area
Min. 12 SF Plus 1.5 SF Per Unit
One Collection Area Per 30 units
Located within 200 feet
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Ordinance No. 4560 Exhibit "A"
May 14, 1992
Page 24
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