ORDINANCE NO. 723
AN ORDINANCE OF THE CITY OF UNIVERSITY PLACE, WASHINGTON, AMENDING CHAPTERS 1.15, 1.20, 9.35 AND 14.05, AND CREATING A NEW CHAPTER 9.60 OF THE UNIVERSITY PLACE MUNICIPAL CODE; RELATING TO NUISANCE AND CODE ENFORCEMENT PROCESSES
WHEREAS, public nuisances are unsightly and unsanitary; create fire, safety and health hazards; interfere with the enjoyment of public and private property; degrade the character of neighborhoods; and have a detrimental effect on property values; and
WHEREAS, residents of the City of University Place have complained about public nuisances in their neighborhoods; and have requested that the city regulate and abate public nuisances within the city; and
WHEREAS, pursuant to RCW 35A.11.020 and RCW 35.23.440 (10) the city has the power to declare what shall be deemed nuisances; to prevent, remove, and abate nuisances at the expense of the parties creating, causing, committing or maintaining nuisances, and to levy a special assessment on the land or premises whereon the nuisance is situated to defray the cost or to reimburse the city for the cost of abating the same; and
WHEREAS, shortly following incorporation, the City has promulgated several sets of nuisance and code enforcement-related processes, but the municipal code has not been updated, nor has it kept pace with current state legislation. It also contains outdated references; and
WHEREAS, a number of processes contained in the City’s current code do not reflect the best practices for code enforcement and nuisance-related enforcement processes. This necessarily slows the City’s response to meaningfully solving citizen concerns; and
WHEREAS, a number of other Washington jurisdictions have undertaken review of their nuisance processes and have identified matters which appropriately constitute nuisances; and
WHEREAS, it is now appropriate to update the City’s processes, mindful of current state law, the nature of the nuisances faced in this community and the need to reconcile the multiple tools at the City’s disposal to achieve the best outcomes for its residents.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF UNIVERSITY PLACE, WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. Chapter 1.15 of the University Place Municipal Code is amended as set forth in Exhibit A and set forth herein.
Section 2. Chapter 1.20 of the University Place Municipal Code is amended as set forth in Exhibit B and set forth herein.
Section 3. Chapter 9.35 of the University Place Municipal Code is amended as set forth in Exhibit C and set forth herein.
Section 4. Chapter 9.60 of the University Place Municipal Code is created as set forth in Exhibit D and set forth herein.
Section 5. Section 14.05.030 of the University Place Municipal Code entitled “Adoption of codes by reference,” is amended to read as follows:
The following codes are hereby adopted by this reference as if fully set forth in this chapter and as specifically modified or amended as set forth in this chapter:
A. The 2015 Edition of the International Building Code, including Appendix Chapter E, and ICC/ANSI A117.1-2009, and the 2015 International Existing Building Code and International Swimming Pool and Spa Code published by the International Code Council are hereby adopted by reference with the exceptions noted in Chapter 51-50 WAC and subsequently amended by this chapter.
B. The 2015 Edition of the International Residential Code including Appendices F and Q as published by the International Code Council is hereby adopted as amended by the Washington State Building Code Council in Chapter 51-51 WAC and as subsequently amended by this chapter; provided, that Chapters 11 and 25 through 43 of this code are not adopted.
C. The 2015 Edition of the International Mechanical Code including adoption of the 2015 International Fuel Gas Code, published by the International Code Council, and 2014 NFPA 58 and 2014 NFPA 54, published by the National Fire Protection Association, is hereby adopted by reference with the exceptions noted in Chapter 51-52 WAC.
D. The 2015 Edition of the International Fire Code published by the International Code Council is hereby adopted by reference with the additions, deletions, and exceptions contained in Chapter 51-54A WAC, including Appendices B, C, D (Sections 105 and 106 only), E, F and G.
E. The 2015 Edition of the Uniform Plumbing Code, including Appendices A, B and I, published by the International Association of Plumbing and Mechanical Officials, is hereby adopted by reference with the additions, deletions and exceptions contained in Chapter 51-56 WAC.
F. The 2015 Edition of the Washington State Energy Code, including commercial and residential provisions and appendices, is hereby adopted by reference with the additions, deletions and exceptions contained in Chapters 51-11C and 51-11R WAC.
G. The National Electrical Code, published by the National Fire Protection Association, as adopted and enforced by Tacoma Public Utilities, is hereby adopted.
H. The 2018 Edition of the International Property Maintenance Code published by the International Code Council is hereby adopted by reference.
Section 6. Section 14.05.040 of the University Place Municipal Code entitled, “Conflicts between codes,” is amended to read as follows,
In case of conflict among the building code, the residential code, the mechanical code, the fire code,
and the plumbing code, and the property maintenance code, the first named code shall govern over those following. In case of conflicts between other codes and provisions adopted by this chapter, the code or provision that is most specific, as determined by the Building Official, shall apply.
Section 7. Chapter 9.15 of the University Place Municipal Code is repealed in its entirety.
Section 8. Corrections by City Clerk or Code Reviser. Upon approval of the city attorney, the city clerk or the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; references to other local, state, or federal laws, codes, rules, or regulations; or ordinance numbering and section/subsection numbering.
Section 9. Severability. If any portion of this Ordinance or its application to any person or circumstances is held invalid, the remainder of the Ordinance or the application of the provision to other persons or circumstances shall not be affected.
Section 10. Effective Date. This Ordinance will be shall be in full force and effect five (5) days after publication of the Ordinance Summary.
PASSED BY THE CITY COUNCIL ON JANUARY 6, 2020.
Caroline Belleci, Mayor
Emelita J. Genetia, City Clerk
APPROVED AS TO FORM:
Matthew S. Kaser, City Attorney
Effective Date: 01/13/20