Port Orchard City Zoning Code
Subtitle X
BUILDING AND CONSTRUCTION STANDARDS
§ 20.200.001 Purpose.
The purpose of the codes and regulations adopted in this chapter is to provide minimum standards to safeguard life, health, property and public welfare by regulating and controlling the design, construction, quality of materials, use and occupancy, location and maintenance of all buildings and structures within the city of Port Orchard. It is not the purpose or intent to create or designate any class or group of persons to be especially protected or benefited, nor is it intended to create any special relationship with any individual.
(Ord. 019-17 § 18 (Exh. 1); Ord. 066-21 § 2 (Exh. A))
§ 20.200.005 Applicability and compliance.
All permits issued pursuant to the codes adopted by reference in this chapter shall follow a Type I permit process pursuant to Chapter 20.22 POMC. However, the time limits for permit issuance found in Chapters 20.22 and 20.24 POMC, as amended in accordance with RCW 36.70B.080, shall not apply to permits issued pursuant to the codes adopted by reference in this chapter, pursuant to the changes to the definition of "Project Permit" found in RCW 36.70B.020 as modified by SSSB 5290 (2023).
(Ord. 019-17 § 18 (Exh. 1); Ord. 066-21 § 2 (Exh. A); Ord. 019-24 § 20)
§ 20.200.008 State building code adopted.
Pursuant to RCW 35A.12.140, the city of Port Orchard hereby adopts the following codes of technical compliance by reference, which are incorporated herein; provided, that the amendments, deletions, and additions thereto as provided in this chapter shall govern over the published provisions of the respective adopted code:
(1)
The 2021 Edition of the International Building Code as published by the International Code Council (ICC), including Appendix E, as adopted and amended by the Washington State Building Code Council (WSBCC) in WAC 51-50-003, is hereby adopted by reference. Additionally, Appendix B of the 2021 International Building Code is adopted by reference by the city of Port Orchard;
(2)
The 2021 Edition of the International Residential Code as published by the ICC and as adopted and amended by the WSBCC in WAC 51-51-003. Additionally, Appendix M of the International Residential Code is adopted by reference by the city of Port Orchard;
(3)
The 2021 Edition of the International Mechanical Code, as published by the ICC, as adopted and amended by the WSBCC in WAC 51-52-003, is hereby adopted by reference by the city of Port Orchard;
(4)
The 2021 Edition of the International Fire Code, as published by the ICC, as adopted by the WSBCC in Chapter 51-54A WAC, is hereby adopted by reference. Additionally, Appendix B of the International Fire Code is adopted by reference by the city of Port Orchard and portions of Appendix D are adopted as shown in POMC § 20.200.016;
(5)
The 2021 Edition of the Wildland Urban-Interface Code as published by the ICC, as adopted by the WSBCC in Chapter 51-55 WAC, is hereby adopted by reference;
(6)
The 2021 Edition of the Uniform Plumbing Code, as published by the International Association of Plumbing and Mechanical Officials, and as adopted and amended by the WSBCC in WAC 51-56-003, is hereby adopted by reference;
(7)
The 2021 Edition of the International Energy Conservation Code, Commercial, as adopted and amended by the Washington State Building Code Council in Chapter 51-11C WAC;
(8)
The 2021 Edition of the International Energy Conservation Code, Residential, as adopted and amended by the Washington State Building Code Council in Chapter 51-11R WAC;
(9)
The 2021 Edition of the International Property Maintenance Code, as published by the ICC; and
(10)
The 1997 Edition of the Uniform Code for the Abatement of Dangerous Buildings together with the appendices, as published by the International Conference of Building Officials, is hereby adopted, except that references to the uniform codes shall be replaced with the appropriate technical codes and sections as adopted by the city.
A copy of the codes referenced herein shall be kept on file with the city clerk.
(Ord. 019-17 § 18 (Exh. 1); Ord. 004-21 § 1; Ord. 066-21 § 2 (Exh. A); Ord. 013-23 § 1; Ord. 015-23 § 1; Ord. 028-23 § 1)
§ 20.200.010 Conflicts between codes.
In case of conflict among any of the codes referenced in POMC § 20.200.008 as adopted and subsequently amended by this chapter, the first named code as located in POMC § 20.200.008 and the amendments thereto 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.
(Ord. 019-17 § 18 (Exh. 1); Ord. 066-21 § 2 (Exh. A))
§ 20.200.012 Local amendments of International Building Code.
(1)
IBC Section 101.1 is amended as follows:
101.1 Title. These regulations shall be known as the Port Orchard Building Code herein referred to as "this code." |
(2)
IBC Section 105.2, entitled "Work exempt from permit," subsection "Building:" is hereby amended to read as follows:
Building: |
(1) One-story detached accessory structures used as tool and storage sheds, playhouses and similar uses, provided the floor area does not exceed 120 square feet (11 m2). |
(2) Fences not over 6 feet high. |
(3) Oil derricks. |
(4) Retaining walls which are not over 4 feet (1,219 mm) in height measured from the bottom of the footing to the top of the wall, unless supporting a surcharge or impounding Class I, II or III-A liquids. |
(5) Water tanks supported directly on grade if the capacity does not exceed 5,000 gallons (18,925 L) and the ratio of height to diameter or width does not exceed 2 to 1. |
(6) Sidewalks and driveways not more than 30 inches (762 mm) above grade and not over any basement or story below and which are not part of an accessible route. |
(7) Painting, papering, tiling, carpeting, cabinets, counter tops and similar finish work. |
(8) Temporary motion picture, television and theater stage sets and scenery. |
(9) Prefabricated swimming pools accessory to a Group R-3 occupancy, as applicable in Section 101.2, which are less than 24 inches (610 mm) deep, do not exceed 5,000 gallons (18,925 L) and are installed entirely above ground. |
(10) Shade cloth structures constructed for nursery or agricultural purposes and not including service systems. |
(11) Swings and other playground equipment accessory to detached one- and two-family dwellings. |
(12) Window awnings supported by an exterior wall which do not project more than 54 inches (1,372 mm) from the exterior wall and do not require additional support of Group R-3, as applicable in Section 101.2, and Group U occupancies. |
(13) Nonfixed and movable fixtures, cases, racks, counters and partitions not over 5 feet 9 inches (1,753 mm) in height. |
(3)
IBC Section 105.5, entitled "Expiration," is hereby amended to read as follows:
105.5 Expiration. |
A. Every permit issued shall become invalid unless the work on the site authorized by such permit is commenced within 180 days after its issuance, or if the work authorized on the site by such permit is suspended or abandoned for a period of 180 days after the time the work is commenced. The building official is authorized to grant, in writing, one or more extensions of time, for periods not more than 180 days each. The extension shall be requested in writing and justifiable cause demonstrated. |
B. Notwithstanding the above, if the City has issued a Land Disturbing Activity Permit and/or Stormwater Drainage Permit under Chapters 20.140 and/or 20.150 POMC in conjunction with a building permit for the same site, then the building permit shall expire concurrent with and under the same terms as set forth in Chapters 20.140 and/or 20.150 POMC as the issued Land Disturbing Activity Permit and/or Stormwater Drainage Permit. |
(4)
IBC Section 111.1 is amended to read as follows:
111.1 Use and Occupancy. |
A. A building or structure shall not be used or occupied in whole or in part, and a change in the existing use or occupancy classification of a building or structure or portion thereof shall not be made, until the building official has issued a certificate of occupancy therefor as provided herein. Issuance of a certificate of occupancy shall not be construed as an approval of a violation of the provisions of this code or of other ordinances of the jurisdiction. Certificates presuming to give authority to violate or cancel the provisions of this code or other ordinances of the jurisdiction shall not be valid. |
Exception: Certificates of occupancy are not required for work exempt from permits in accordance with Section 105.2. |
B. When a building is constructed with future tenant spaces to be finished or occupied at a later date, a shell only certificate of occupancy shall be issued. A separate tenant improvement permit is required for each tenant space prior to any tenant occupancy. |
C. A certificate of occupancy shall be required prior to occupancy when there is a change in tenant whether or not construction or alterations are performed or proposed and regardless of the use or occupancy classification. |
Exceptions: |
1. R-3 occupancies. |
2. Group U occupancies. |
3. Individual dwelling units of R-1 and R-2 occupancies. |
4. Individual rental units of mini-storage buildings with S occupancy classification. |
5. A second business in the same location as another tenant with the same use classification which already has a Certificate of Occupancy for the space. |
6. Individual business license holders within a space with a current Certificate of Occupancy. |
7. A business that changes ownership but does not change location, business name, use, or make any structural changes. The new owner is required to provide ownership and business license information to the Department of Community Development Permit Center. An updated certificate will be issued to the new owner. |
8. A business that changes its name but does not change location, ownership, use, or make any structural changes. The owner is required to provide updated business license information showing the name change to the Department of Community Development Permit Center. An updated certificate will be issued with the new business name. |
D. When a Certificate of Occupancy is required, or a business's ownership or name is changed, an application shall be submitted to the Department of Community Development Permit Center using the applicable city form, along with supporting documentation as required. The fee shall be as adopted under the city's current fee schedule resolution. |
(5)
IBC 903.2.1.1 is hereby adopted to read as follows:
903.2.1.1 Group A-l. An automatic sprinkler system shall be provided for Group A-l occupancies where one of the following conditions exists: |
An automatic sprinkler system shall be provided throughout stories containing Group A-1 occupancies and throughout all stories from the Group A-1 occupancy to and including the levels of exit discharge serving that occupancy where one of the following conditions exists: |
1. The fire area exceeds 10,000 square feet (929 m2); |
2. The fire area has an occupant load of 300 or more; |
3. The fire area is located on a floor other than the level of exit discharge; or |
4. The fire area contains a multi theater complex. |
(6)
IBC Section 903.2.1.3 is hereby adopted to read as follows:
903.2.1.3 Group A-3. |
An automatic sprinkler system shall be provided throughout stories containing Group A-3 occupancies and throughout all stories from the Group A-3 occupancy to and including the levels of exit discharge serving that occupancy where one of the following conditions exists: |
1. The fire area exceeds 10,000 square feet (929 m2); |
2. The fire area has an occupant load of 300 or more; or |
3. The fire area is located on a floor other than the level of exit discharge. |
Exception: For fixed guideway transit and passenger rail system stations, an automatic sprinkler system shall be provided in accordance with Section 3116. |
(7)
IBC Section 903.2.1.4 is hereby adopted to read as follows:
903.2.1.4 Group A-4. An automatic sprinkler system shall be provided for Group A-4 occupancies where one of the following conditions exists: |
An automatic sprinkler system shall be provided throughout stories containing Group A-4 occupancies and throughout all stories from the Group A-4 occupancy to and including the levels of exit discharge serving that occupancy where one of the following conditions exists: |
1. The fire area exceeds 10,000 square feet (929 m2); |
2. The fire area has an occupant load of 300 or more; or |
3. The fire area is located on a floor other than the level of exit discharge. |
(8)
IBC Section 903.2.13 is hereby adopted to read as follows:
903.2.13 Group B. An automatic sprinkler system shall be provided for Group B occupancies where the fire area exceeds 10,000 square feet. |
(9)
IBC Section 903.2.4 is hereby adopted to read as follows:
903.2.4 Group F. An automatic sprinkler system shall be provided throughout all buildings containing Group F occupancy where one of the following conditions exists: |
1. Where a Group F fire area exceeds 10,000 square feet (929 m2); |
2. Where a Group F fire area is located more than three stories above grade plane. |
3. The combined area of all Group F-1 fire areas on all floors, including any mezzanines, exceeds 24,000 square feet (2,230 m2). |
(10)
IBC Section 903.2.7 is hereby adopted to read as follows:
903.2.7 Group M. An automatic sprinkler system shall be provided throughout buildings containing a Group M occupancy where one of the following conditions exists: |
1. Where a Group M fire area exceeds 10,000 square feet (929 m2); |
2. Where a Group M fire area is located more than three stories above grade plane. |
3. The combined area of all Group M fire areas on all floors, including any mezzanines, exceeds 24,000 square feet (2,230 m2). |
(11)
903.2.9 Group S-1 is hereby adopted to read as follows:
An automatic sprinkler system shall be provided throughout all buildings containing a Group S-1 occupancy where one of the following conditions exists: |
1. A Group S-1 fire area exceeds 10,000 square feet (929 m2). |
2. A Group S-1 fire area is located more than three stories above grade plane. |
3. The combined area of all Group S-1 fire areas on all floors, including any mezzanines exceeds 24,000 square feet (2,230 m2). |
(Ord. 019-17 § 18 (Exh. 1); Ord. 038-19 § 1; Ord. 066-21 § 2 (Exh. A); Ord. 006-24 § 1)
§ 20.200.014 Local amendments of International Residential Code.
(1)
IRC Section 101.1 is amended as follows:
101.1 Title. These regulations shall be known as the Port Orchard Residential Code for One- and Two-Family dwellings and will be referred to herein as "this code." |
(2)
IRC Section 105.2, entitled "Work exempt from permit," subsection "Building:" is hereby amended to read as follows:
Building: |
(1) Other than storm shelters, one-story detached accessory structures, provided that the floor area does not exceed 200 square feet (18.58 m2). |
(2) Fences not over 6 feet (2,134 mm) high. |
(3) Retaining walls that are not over 4 feet (1,219 mm) in height measured from the bottom of the footing to the top of the wall, unless supporting a surcharge. |
(4) Water tanks supported directly upon grade if the capacity does not exceed 5,000 gallons (18,927 L) and the ratio of height to diameter or width does not exceed 2 to 1. |
(5) Sidewalks and driveways. |
(6) Painting, papering, tiling, carpeting, cabinets, counter tops and similar finish work. |
(7) Prefabricated swimming pools that are less than 24 inches (610 mm) deep. |
(8) Swings and other playground equipment. |
(9) Window awnings supported by an exterior wall that do not project more than 54 inches (1,372 mm) from the exterior wall and do not require additional support. |
(10) Decks not exceeding 200 square feet (18.58 m2) in area, that are not more than 30 inches (762 mm) above grade at any point, are not attached to a dwelling and do not serve the exit door required by Section R311.4. |
(11) Roof covering replacement (re-roofing) provided the roof area does not exceed 2,100 square feet (21 squares) and further provided the existing sheathing remains in place and no structural work is performed. |
(12) Residential siding replacement providing the area does not exceed 1,000 square feet and further provided the existing sheathing remains in place and no structural work is performed. |
The remainder of Section 105.2 remains unamended.
(3)
IRC Table R301.2(1) is hereby amended by adding the following into the corresponding table blanks:
(i) Ground Snow Load = 25 lbs psf |
(ii) Wind Speed = 110 mph |
Topographic Effects = No |
Special Wind Region = No |
Wind-Born Debris Zone = No |
(iii) Seismic Design Category = D2 |
(iv) Weathering = Moderate |
(v) Frost Line Depth = 12 inches |
(vi) Termite = Slight to Moderate |
(vii) Decay = Moderate to Severe |
(ix) Winter Design Temp = 26 |
(x) Ice Shield Underlayment Required = No |
(xi) Flood Hazards = (a) 1980, (b) 1980 |
(xii) Air Freezing Index = 148 |
(xiii) Mean Annual Temp = 51.4 |
(Ord. 019-17 § 18 (Exh. 1); Ord. 066-21 § 2 (Exh. A); Ord. 006-24 § 2)
§ 20.200.016 Local amendments to the International Fire Code.
(1)
IFC Section 101.1 is amended as follows:
101.1 Title. These regulations shall be known as the Port Orchard Fire Code and will be referred to herein as "this code." |
(2)
IFC Section 202 is amended as follows:
(1) Whenever "municipality" is used in the International Fire Code, it means the city of Port Orchard. |
(2) Whenever "jurisdiction" is used in the International Fire Code, it means the City of Port Orchard. |
(3) Whenever "department of fire prevention" is used in the international Fire Code, it means the fire department serving the jurisdiction. |
(4) Whenever "Fire Code Official" is used in the international Fire Code it means the Building Official or other designated authority charged with the administration and enforcement of the code, or a duly authorized representative. |
(5) Whenever "counsel" is used in the code, it means the city attorney. |
(6) Whenever "police" is used in the code, it means the city of Port Orchard police department. |
(7) Whenever "governing body" is used in the International Fire Code, it means the city council of Port Orchard. |
(3)
IFC Section 503 is hereby adopted to read as follows:
503.1 Where required. Fire apparatus access roads shall be provided and maintained in accordance with Sections 503.1.1 through 503.1.3. |
503.1.1 Buildings and facilities. Approved fire apparatus access roads shall be provided for every building, facility or portion of building or facility hereafter constructed or moved into or within the jurisdiction. The fire apparatus access shall comply with the requirements of this section and shall extend to within 150 feet (45,720 mm) of all portions of the facility and all portions of the exterior walls of the first story of the buildings as measured by an approved route around the exterior of the building or facility. |
Exceptions: |
1. The fire code official is authorized to increase the dimension of 150 feet (45,720 mm) where any of the following conditions occur: |
1.1 The building is equipped with an approved automatic fire sprinkler system installed in accordance with Section 903.3.1.1, 903.3.1.2 or 903.3.1.3. |
1.2 Fire apparatus access roads cannot be installed because of location on property, topography, critical areas, waterways, non-negotiable grades or other similar conditions, and an approved alternative means of fire protection is provided. |
1.3 There are not more than two (2) Group R-3 (single-family dwellings) or Group U occupancies. |
1.4 Where the fire apparatus access road serves only residential accessory building/occupancies (private garages, carports, sheds, agricultural buildings), as defined by the International Building Code. |
2. Where approved by the fire code official, fire apparatus access roads shall be permitted to be exempted or modified for solar photovoltaic power generation facilities. |
503.1.2 Additional access. The fire code official is authorized to require more than one fire apparatus access road based on the potential for impairment of a single road by vehicle congestion, condition of terrain, climatic conditions or other factors that could limit access. |
503.1.3 High-piled storage. Fire department vehicle access to buildings used for high-piled combustible storage shall comply with the applicable provisions of Chapter 32. |
503.2 Specifications. Fire apparatus access roads shall be installed and arranged in accordance with Sections 503.2.1 through 503.2.8. |
503.2.1 Dimensions. Fire apparatus access roads shall have an unobstructed width of not less than 20 feet (6,096 mm), inclusive of bike lanes, shoulders, flat and mountable curbs exclusive of shoulders, except for approved security gates in accordance with Section 503.6, and an unobstructed vertical clearance of not less than 13 feet 6 inches (4,115 mm). |
503.2.2 Authority. The fire code official shall have the authority to require or permit modifications to the required access widths where they are inadequate for fire or rescue operations or where necessary to meet the public safety objectives of the jurisdiction. |
503.2.3 Surface. Fire apparatus access roads shall be designed and maintained with an asphalt, concrete or other approved driving surface capable of supporting the imposed load of fire apparatus weighing up to 75,000 pounds (34,050 kg). |
503.2.4 Turning Radius: The required turning radius of a fire apparatus access road shall be consistent with the city's public works standards and where no standard is specified in the public works standards, shall be determined by the fire code official. |
503.2.5 Dead ends. Dead-end fire apparatus access roads in excess of 150 feet (45,720 mm) in length shall be provided with an approved area for turning around fire apparatus. |
503.2.6 Bridges and elevated surfaces. Where a bridge or an elevated surface is part of a fire apparatus access road, the bridge shall be constructed and maintained in accordance with AASHTO HB-17. Bridges and elevated surfaces shall be designed for a live load sufficient to carry the imposed loads of fire apparatus. Vehicle load limits shall be posted at both entrances to bridges where required by the fire code official. Where elevated surfaces designed for emergency vehicle use are adjacent to surfaces that are not designed for such use, approved barriers, approved signs or both shall be installed and maintained where required by the fire code official. |
503.2.7. Grade. The grade (slope) of fire apparatus access roads shall not exceed 12% as measured from the roadway centerline. At no point along the centerline shall the road grade exceed 12%. |
Exception: The grade of the fire apparatus access road may be increased if buildings or facilities are equipped with an approved automatic fire sprinkler system when approved by the fire district chief and Fire Code Official. |
503.2.8 Angles of approach and departure. The angles of approach and departure for fire apparatus access roads shall be within the limits established by the fire code official based on the fire department's apparatus. |
503.3 Marking. Where required by the fire code official, approved signs or other approved notices or markings that include the words NO PARKING—FIRE LANE shall be provided for fire apparatus access roads to identify such roads or prohibit the obstruction thereof. The means by which fire lanes are designated shall be maintained in a clean and legible condition at all times and be replaced or repaired when necessary to provide adequate visibility. |
503.4 Obstructions of fire apparatus access roads. Fire apparatus access roads shall not be obstructed in any manner, including the parking of vehicles. The minimum widths and clearances established in Section 503.2.1 shall be maintained at all times. When posted in accordance with section 503.3, owners or operators of vehicles shall be liable for a fine in accordance with Chapter 10.12 POMC. The Police Department may assist the Fire Code Officials with enforcement of this section. |
503.4.1 Traffic calming devices. Traffic calming devices shall be prohibited unless approved by the Public Works Director after soliciting input on the proposed device from the Fire Chief and Fire Code Authority. |
503.5 Required gates or barricades. The fire code official is authorized to require the installation and maintenance of gates or other approved barricades across fire apparatus access roads, trails or other accessways, not including public streets, alleys or highways. Electric gate operators, where provided, shall be listed in accordance with UL 325. Gates intended for automatic operation shall be designed, constructed and installed to comply with the requirements of ASTM F2200. |
503.5.1 Secured gates and barricades. Where required, gates and barricades shall be secured in an approved manner. Roads, trails and other accessways that have been closed and obstructed in the manner prescribed by Section 503.5 shall not be trespassed on or used unless authorized by the owner and the fire code official. |
Exception: The restriction on use shall not apply to public officers acting within the scope of duty. |
503.6 Security gates. The installation of security gates across a fire apparatus access road shall be approved by the fire code official. Where security gates are installed, they shall have an approved means of emergency operation. The security gates and the emergency operation shall be maintained operational at all times. Electric gate operators, where provided, shall be listed in accordance with UL 325. Gates intended for automatic operation shall be designed, constructed and installed to comply with the requirements of ASTM F2200. |
503.7 Residential Non-Conforming Existing Private Access. Group R-3, R-4, or Group U occupancies allowed on an existing, non-conforming private access if a residential sprinkler system is installed in each new structure. |
Exception: There are not more than two Group R-3, R-4, or Group U occupancies. |
(4)
903.2.1.1 Group A-l is hereby adopted to read as follows:
An automatic sprinkler system shall be provided for Group A-l occupancies where one of the following conditions exists: |
An automatic sprinkler system shall be provided throughout stories containing Group A-1 occupancies and throughout all stories from the Group A-1 occupancy to and including the levels of exit discharge serving that occupancy where one of the following conditions exists: |
1. The fire area exceeds 10,000 square feet (929 m2); |
2. The fire area has an occupant load of 300 or more; |
3. The fire area is located on a floor other than the level of exit discharge; or |
4. The fire area contains a multi theater complex. |
(5)
903.2.1.3 Group A-3 is hereby adopted to read as follows:
An automatic sprinkler system shall be provided throughout stories containing Group A-3 occupancies and throughout all stories from the Group A-3 occupancy to and including the levels of exit discharge serving that occupancy where one of the following conditions exists: |
1. The fire area exceeds 10,000 square feet (929 m2); |
2. The fire area has an occupant load of 300 or more; or |
3. The fire area is located on a floor other than the level of exit discharge. |
Exception: For fixed guideway transit and passenger rail system stations, an automatic sprinkler system shall be provided in accordance with Section 4901. |
(6)
903.2.1.4 Group A-4 is hereby adopted to read as follows:
An automatic sprinkler system shall be provided throughout stories containing Group A-4 occupancies and throughout all stories from the Group A-4 occupancy to and including the levels of exit discharge serving that occupancy where one of the following conditions exists: |
1. The fire area exceeds 10,000 square feet (929 m2); |
2. The fire area has an occupant load of 300 or more; or |
3. The fire area is located on a floor other than the level of exit discharge. |
(7)
903.2.13 Group B. An automatic sprinkler system shall be provided for Group B occupancies where the fire area exceeds 10,000 square feet.
(8)
903.2.4 Group F is hereby adopted to read as follows:
An automatic sprinkler system shall be provided throughout all buildings containing Group F occupancy where one of the following conditions exists: |
1. Where a Group F fire area exceeds 10,000 square feet (929 m2); |
2. Where a Group F fire area is located more than three stories above grade plane. |
3. The combined area of all Group F-1 fire areas on all floors, including any mezzanines, exceeds 24,000 square feet (2,230 m2). |
(9)
903.2.7 Group M is hereby adopted to read as follows:
An automatic sprinkler system shall be provided throughout buildings containing a Group M occupancy where one of the following conditions exists: |
1. Where a Group M fire area exceeds 10,000 square feet (929 m2); |
2. Where a Group M fire area is located more than three stories above grade plane. |
3. The combined area of all Group M fire areas on all floors, including any mezzanines, exceeds 24,000 square feet (2,230 m2). |
(10)
903.2.9 Group S-1 is hereby adopted to read as follows:
An automatic sprinkler system shall be provided throughout all buildings containing a Group S-1 occupancy where one of the following conditions exists: |
1. A Group S-1 fire area exceeds 10,000 square feet (929 m2). |
2. A Group S-1 fire area is located more than three stories above grade plane. |
3. The combined area of all Group S-1 fire areas on all floors, including any mezzanines exceeds 24,000 square feet (2,230 m2). |
4. A Group S-1 fire area used for the storage of commercial motor vehicles where the fire area exceeds 5,000 square feet (464 m2). |
(11)
Appendix D. The following sections of IFC Appendix D are hereby adopted to read as follows:
D101.1 Scope. Fire apparatus access roads shall be in accordance with this appendix and all other applicable requirements of the International Fire Code as adopted and amended in this chapter. |
D102.1 Access and Loading. [This section is not adopted]. |
D103.1 Access road width with a hydrant. [This section is not adopted] |
D103.2. Grade. [This section is not adopted] |
D103.3 Turning Radius. [This section is not adopted] |
D103.4 Dead ends. Dead-end fire apparatus access roads in excess of 150 feet (45,720 mm) shall be provided with width and turnaround provisions in accordance with Table D103.4. |
D103.5. Fire apparatus access gates. Gates securing the fire apparatus access roads shall comply with all of the following criteria: |
1. Where a single gate is provided, the gate width shall be not less than 20 feet (6,096 mm). Where a fire apparatus road consists of a divided roadway, the gate width shall be not less than 12 feet (3,658 mm). |
2. Gates shall be of the horizontal swing, horizontal slide, vertical lift or vertical pivot type. |
3. Construction of gates shall be of materials that allow manual operation by one person. |
4. Gate components shall be maintained in an operative condition at all times and replaced or repaired when defective. |
5. Electric gates shall be equipped with a means of opening the gate by fire department personnel for emergency access. Emergency opening devices shall be approved by the fire code official. |
6. Methods of locking shall be submitted for approval by the fire code official. |
7. Electric gate operators, where provided, shall be listed in accordance with UL 325. |
8. Gates intended for automatic operation shall be designed, constructed and installed to comply with the requirements of ASTM F2200. |
D103.6. Signs. Where required by the fire code official, fire apparatus access roads shall be marked with permanent NO PARKING—FIRE LANE signs complying with Figure D103.6. Signs shall have a minimum dimension of 12 inches (305 mm) wide by 18 inches (457 mm) high and have red letters on a white reflective background. Signs shall be posted on one or both sides of the fire apparatus road as required by Section D103.6.1 or D103.6.2. |
 FIGURE D103.6 FIRE LANE SIGNS |
D104. [This section is not adopted] |
D105. Aerial Fire Apparatus Access Road. |
D105.1 Where required. Where the vertical distance between the grade plane and the highest roof surface exceeds 30 feet (9,144 mm), approved aerial fire apparatus access roads shall be provided. For purposes of this section, the highest roof surface shall be determined by measurement to the eave of a pitched roof, the intersection of the roof to the exterior wall, or the top of parapet walls, whichever is greater. |
D105.2 Width. Aerial fire apparatus access roads shall have a minimum unobstructed width of 20 feet (7,925 mm), inclusive of bike lanes, shoulders, flat and mountable curbs, in the immediate vicinity of the building or portion thereof. |
D105.3 Proximity to building. One or more of the required access routes meeting this condition shall be located not less than 15 feet (4,572 mm) and not greater than 30 feet (9,144 mm) from the building, and shall be positioned parallel to one entire side of the building. The side of the building on which the aerial fire apparatus access road is positioned shall be approved by the fire code official. |
D105.4 Obstructions. Overhead utility and power lines shall not be located over the aerial fire apparatus access road or between the aerial fire apparatus road and the building. Other obstructions shall be permitted to be placed with the approval of the fire code official. |
D106 [This section is not adopted] |
D107 [This section is not adopted] |
(Ord. 066-21 § 2 (Exh. A); Ord. 006-24 § 3)
§ 20.200.018 Appeals.
Whenever the fire code authority shall disapprove an application or refuse to grant a permit applied for, or when it is claimed that the provisions of the codes do not apply or that the true intent and meaning of the codes have been misconstrued or wrongly interpreted, the applicant may appeal from the decision of the fire authority within 30 days from the date of the decision in accordance with Section 111 of the 2021 Edition of the International Fire Code, as adopted herein.
(Ord. 066-21 § 2 (Exh. A); Ord. 050-22 § 14; Ord. 013-23 § 2; Ord. 015-23 § 1; Ord. 028-23 § 1; Ord. 006-24 § 4)
§ 20.200.020 Violations.
(1)
Any person who shall violate any of the provisions of the codes hereby adopted or fail to comply therewith, or who shall violate or fail to comply with any order made thereunder, or who shall build in violation of any detailed statement of specifications or plans submitted thereunder, and from which no appeal has been taken, or who shall fail to comply with such an order as affirmed or modified by the city council or by a court of competent jurisdiction, within the time fixed herein, shall for each and every such violation and noncompliance respectively be subject to the penalties and provisions specified in POMC § 20.200.022.
(2)
Each day or portion of a day in which a violation occurs or is allowed to continue shall constitute a separate offense and may be punished as such.
(Ord. 066-21 § 2 (Exh. A))
§ 20.200.022 Penalties and other relief.
(1)
Civil Penalty. In addition or alternative to any other penalty provided herein or by law, any violation of this chapter, as specified in POMC § 20.200.020, shall constitute a civil infraction subject to a penalty in the amount of $250.00, not including statutory penalties, per violation;
(2)
Criminal Penalty. In addition or alternative to any other penalty provided herein or by law, any violation of this chapter, as specified in POMC § 20.200.020, shall constitute a misdemeanor, punishable by a fine of not more than $1,000, or by imprisonment for not more than 90 days, or by both such fine and imprisonment;
(3)
Nuisance, Abatement, and Injunctive Relief. In addition or alternative to any other provision of this chapter, any violations of this chapter, or of any lawful notice or order issued hereunder, shall constitute a public nuisance. The fire code authority or designee shall have the right to seek injunctive relief in a court of competent jurisdiction, to abate such violation as a public nuisance or dangerous building, or to exercise any and all other legal remedies to stop and/or correct such violations;
(4)
Other Legal or Equitable Relief. Notwithstanding the existence or use of any other remedy, the director or their designee may seek legal or equitable relief to enjoin any acts or practices or abate any conditions which constitute or will constitute a violation of the provisions of this chapter;
(5)
Other Remedies. In addition or as an alternative to any other remedies provided herein, the fire code authority or designee may issue stop work orders, notices to vacate and/or keep out, and other lawful notices and orders. Any person removing such notices and orders without the permission of the fire authority or designee shall be guilty of a misdemeanor; and
(6)
Recovery of Expenses. All expenses incurred by the city in correcting the violation shall be billed to the property owner and/or person responsible for the violation, and shall become due and payable to the city within 10 calendar days. Such costs may include, but are not limited to, the following:
(a) "Legal expenses,"(i) (ii) (iii)
which shall include, but are not limited to:
Personnel costs, both direct and indirect, including attorney's fees and all costs incurred by the city attorney's office or its designee;
Actual and incidental expenses and costs incurred by the city in preparing notices, contracts, court pleadings, and all other necessary documents; and
All costs associated with retention and use of expert witnesses or consultants;
(b) "Abatement expenses,"(i) (ii) (iii) (iv) (v)
which shall include, but are not limited to:
Costs incurred by the city for preparation of notices, contracts, and related documents;
All costs associated with inspection of the abated property and monitoring of said property consistent with orders of compliance issued by the city's hearing examiner or a court of competent jurisdiction;
All costs incurred by the city for hauling, storage, disposal, or removal of vegetation, trash, debris, dangerous structures or structures unfit for occupancy, potential vermin habitat or fire hazards, junk vehicles, obstructions to public rights-of-way, and setback obstructions;
All costs incurred by law enforcement or related enforcement agencies;
All costs incurred by the city during abatement of nuisance and code violations may include interest in an amount as prescribed by law; and
(c)
The city shall have a lien for any monetary penalty imposed, the cost of any abatement proceedings under this chapter, and all other related costs including attorney and expert witness fees, against the real property on which the monetary penalty was imposed or any of the work of abatement was performed. The lien shall be subordinate to all previously existing special assessment liens imposed on the same property and shall be superior to all other liens, except for state and county taxes, with which it shall be on parity.
(Ord. 066-21 § 2 (Exh. A); Ord. 017-23 § 1 (Exh. A))
§ 20.202.001 Purpose.
The purpose of this chapter is to specify requirements for off-site improvements serving various development activities under the building codes and to establish limits and parameters for requiring off-site improvements when imposed outside of SEPA, CUP, or other development review processes. This chapter seeks to protect the public health, safety and general welfare of the public, to ensure safe walking conditions, pedestrian connectivity, and ADA accessibility.
(Ord. 030-21 § 14)
§ 20.202.002 Scope.
(2)
Proposed improvements within a public right-of-way shall require the submittal of plans completed by a professional civil engineer and/or surveyors licensed in the state of Washington consistent with the state licensure requirements and engineering best practice. In addition, all work shall be compliant with the City of Port Orchard Public Works and Engineering Standards and Specifications.
(Ord. 030-21 § 14)
§ 20.202.003 Definitions.
is defined as an improvement to public right-of-way adjacent to, along the frontage of, or in proximity to proposed development and may include cement concrete curb and gutter, driveway, sidewalks, curb ramps, paving, pedestrian or bicycle pathway(s) (in lieu of sidewalks in accordance with transportation plan), safety measures, other right-of-way elements (such as street lighting, landscape strip, etc.), and drainage improvements.
(Ord. 030-21 § 14)
§ 20.202.004 Off-site improvements.
(1)
Off-site improvements shall be required for all new construction, additions, changes of occupancy as defined in Chapter 3 of the International Existing Building Code, moved buildings, and remodels/alterations to existing buildings.
The maximum level of off-site improvement that may be imposed by project type is shown in Table 20.202; however, this limit shall not apply to projects that have limits or conditions imposed by SEPA, CUP, or other conditioning documents. The city shall determine the order of preference when determining off-site improvement requirements, considering the general health, safety, and welfare and environmental protection as primary objectives. Secondary objectives may include considerations for transportation corridors and proximity to schools and parks.
Projects involving more than one project type (new construction, additions, change of occupancy, and/or remodel/alteration) shall apply the most restrictive criteria in Table 20.202. The director or designee is authorized to interpret, establish, modify, or eliminate the off-site improvement requirements shown in Table 20.202 for individual cases where there are practical difficulties (such as critical areas or steep topography) involved in the implementation of the requirements of this chapter. The director or designee shall determine the order of preference when determining off-site improvement requirements, considering health, safety, and welfare, along with environmental protections as the primary objectives.
Table 20.202 – Off-Site Improvement Determinations | ||
|---|---|---|
Project Type | Threshold | Off-Site Improvement Requirement (ii) (v) |
New Construction | ||
Commercial (includes multifamily three or more units) (iii) | All new and moved buildings. | No limit defined. Improvements to be determined by the director. |
Single-family and two-family dwellings | All new and moved buildings. | No limit defined. Improvements to be determined by the director. |
Single-family and two-family accessory structures and garages | All new and moved buildings. | None required. |
Additions | ||
Commercial, large (iii) | 50% or greater increase in floor area. | No limit defined. Improvements to be determined by the director. |
Commercial, small (iii) | Less than 50% increase in floor area. | Off-site improvement requirements up to 20% of additional valuation based on the adopted ICC Building Valuation Table. |
Single-family and two-family dwellings | Additions. | None required. |
Change of Occupancy | ||
Large (iii) | Change of occupancy classification to 50% or more of the building. | Off-site improvements limited to the greater of the following: – 20% of the remodel valuation. (iv) – 20% of the change in the building valuation based on the most current ICC Building Valuation Table. |
Small (iii) | Change of occupancy classification to less than 50% but greater than 10% of the building. | Off-site improvements limited to the greater of the following: – 10% of the remodel valuation. (iv) – 10% of the change in the building valuation based on the most current ICC Building Valuation Table. |
Exempt | Change of occupancy classification to 10% or less of the building. | No off-site improvements required. |
Remodel/Alterations | ||
Large (iii) | Remodel valuation 50% or greater than ICC building valuation. | Off-site improvements up to 20% of the remodel valuation. (iv) |
Small (iii) | Remodel valuation less than 50% but greater than 10% of ICC building valuation. | Off-site improvements up to 10% of the remodel valuation. (iv) |
Exempt | Remodel valuation 10% or less than ICC building valuation. Or: Water or fire damage repairs that are valued at less than 50% of the ICC building valuation. | No off-site improvements required. |
Notes: |
|---|
i. The director or designee may alter, lower, and impose additional requirements as needed to protect health, safety, and general welfare of the public. |
ii. Costs for utility construction or relocation may be included in the owner/developer's percentage of off-site improvements requirements. |
iii. For campus sites, the director shall determine the required frontage improvements. |
iv. The remodel valuation limit shall be defined as the estimated construction cost of the project submitted by the contractor or owner at the time of building permit submittal as a percentage of the most recent version of the International Code Council Building Valuation Data. The estimate shall detail all major cost elements of the project. The remodel valuation limit shall not apply to projects that have requirements imposed by SEPA, CUP, or other conditioning document. |
v. The project cost limits above shall not apply to projects which are eligible for a transportation impact fee credit under Chapter 20.182 POMC. |
(2)
The following development standards and related off-site improvements shall apply to all applicable project types listed in Table 20.202:
(a)
Alleys. When a lot adjoins an alley or street intersection, improvements shall also be installed at the alley or street intersection. Alleys shall be installed to city of Port Orchard standards when any access to the site is provided from the alley.
(b)
Off-site improvements are dependent on the project type and threshold listed in Table 20.202 and shall require the development of cement concrete curb and gutter, driveways, sidewalks, and curb ramps, paving, safety measures, other right-of-way elements (street lighting, landscape strip, etc.), and drainage of all dedicated streets along the lot frontages, except in cases where the topography or other conditions make it impractical.
(c)
Access to Property. Driveway approaches shall be in accordance with the PWESS. Public roads fronting the property shall be comprised of an all-weather surface or will need to be paved to provide an all-weather surface.
(d)
Where a site has existing improvements such as sidewalks, curbs, gutters, and paving, these improvements shall be replaced if they are non-ADA compliant, broken, damaged, or hazardous. Pavement shall also be required to be replaced when it does not meet the current standard pavement section for residential or arterial streets contained in the PWESS.
(Ord. 030-21 § 14)
§ 20.206.005 Purpose.
The purpose of this chapter is to improve fire safety for existing residential multifamily buildings which were constructed prior to July 1, 1998, and which have not been brought into full compliance with the International Fire Code through building additions or remodels subject to the requirements adopted under Chapter 20.200 POMC.
(Ord. 019-17 § 18 (Exh. 1))
§ 20.206.010 Definitions.
For purposes of this chapter, the following definitions apply:
(1) "Administrative summary"
means the "Kitsap County Fire Safety Advisory Committee Report" dated June 28, 1999. The administrative summary was used as a basis for development of this chapter and shall be used for guidance in interpreting it.
(2) "Approved"
means approved by the chief unless other specified.
(4) "Dwelling unit"
means any building or portion thereof which contains living facilities, including provisions for sleeping, eating, cooking and sanitation as required by the International Building Code, for not more than one family, or a congregate residence which accommodates 10 or fewer persons.
(5) "Fire authority"
means Kitsap County Fire District No. 7 as appointed and recognized by Ordinance 1697, as codified in Chapter 2.12 POMC.
(6) "Fire department"
means the Port Orchard fire authority.
(7) "Fire safety matrix"
means the assessment tool, attached to the ordinance codified in this chapter as Appendix A and incorporated herein by reference, used by fire authority personnel to evaluate Level III buildings to determine appropriate fire protection features based upon an assigned point value and number of dwelling units.
(9) "Group R, Division 1 building"
means a hotel or motel, an apartment building or congregate residence, including condominiums, referred to as R-1.
(10) "Level I building"
means all Group R, Division 1 buildings less than three floors in height and more than four dwelling units.
(11) "Level II building"
means all Group R, Division 1 buildings three or more floors in height and less than 17 dwelling units.
(12) "Level III building"
means all Group R, Division 1 buildings three or more floors in height and 17 or more dwelling units.
(Ord. 019-17 § 18 (Exh. 1); Ord. 010-18 § 35)
§ 20.206.020 Fire and life safety requirements for new residential buildings (including additions or remodels).
New, residential structures or additions or remodels to existing residential structures shall comply with the requirements of the International Fire Code as adopted in Chapter 20.200 POMC.
(Ord. 019-17 § 18 (Exh. 1))
§ 20.206.030 Fire and life safety requirements for existing multifamily residential buildings.
(1)
Requirements for "Existing" Group R, Division 1 Buildings. All Group R, Division 1 Occupancy buildings constructed prior to July 1, 1998, shall meet all the requirements of this section in addition to any other requirements of the International Fire Code as adopted in Chapter 20.200 POMC.
(2)
Smoke Detectors. On or before June 30, 2001, the owner shall install in all sleeping areas of all Level I, II and III buildings, an approved, listed photoelectric device which senses visible or invisible particles of combustion. Such devices may be battery-powered. Using approved forms, the owner shall certify to the chief that the devices have been installed as required in this section and are properly working.
(3)
Floor Plans. Upon request by the fire authority, the owner shall provide floor plans to assist with prefire planning.
(4)
Emergency Evacuation Plan.
(a)
The fire authority will work with the owners by providing guidelines for developing an approved emergency evacuation plan. All plans shall be submitted and approved by the fire authority prior to posting.
(b)
Approved emergency evacuation plans shall be posted in common areas of the building by the owners on or before January 1, 2002.
(c)
Emergency evacuation plans shall be reviewed and updated annually by owners. Revised plans shall be submitted to the fire authority for review and approval.
(5)
Fire Safety Training. The fire authority shall develop and implement classroom training programs for building owners, tenants and homeowners regarding fire safety.
(6)
Annual Fire Inspection. All Level I, II, and III buildings shall be inspected annually by the chief or their designee for compliance with the requirements of this section.
(7)
Fire Safety Evaluation. In addition to the annual fire inspections, Level III buildings shall be evaluated for fire safety utilizing the fire safety matrix. Each Level III building shall achieve a minimum of 80 points on the matrix within 10 years of the date the ordinance codified in this chapter is adopted. A comprehensive review of all Level III building evaluations will be conducted by the fire safety advisory committee. During that review the chief shall determine if Level III buildings not meeting the 80 points criteria are a distinct hazard to life or property. If the chief determines a building to be a distinct hazard, they shall take action pursuant to the dangerous buildings code in this title to have the building repaired, rehabilitated, demolished or removed.
(8)
Certificate of Compliance. The chief in consultation with the fire authority, shall provide a certificate of compliance for all Level I and II buildings inspected and determined to be in compliance with this chapter. All Level III buildings must meet all requirements of this section, including the requirements to achieve a score of at least 80 points in the fire safety evaluation performed pursuant to subsection (7) of this section, in order to receive a certificate of compliance.
(9)
Notification to Property Owners. The fire authority will design and implement a process to notify property owners in a timely manner regarding fire calls resulting from property damage or injury on their property.
(10)
Automatic Fire Sprinklers. Automatic fire sprinklers shall be installed in all Group R, Division 1 buildings that contain 10 or more dwelling units when, within a three-year period, there has been damage to the building that exceeds 50 percent of the assessed value of the building, or the building has been remodeled to an extent that exceeds 50 percent of the assessed value of the building.
(11)
Fire Alarm Systems.
(a)
An approved fire alarm system "nonmonitored" shall be installed in all Level II buildings. The fire alarm system must be installed and operational on or before January 1, 2004. The city building official shall waive permit fees for alarm systems installed for compliance with this section.
(b)
An approved "monitored" fire alarm system containing a heat detector within each dwelling unit shall be installed in all Level III buildings. The fire alarm system must be installed and operational on or before January 1, 2004. The city building official shall waive permit fees for alarm systems installed for compliance with this section.
(Ord. 019-17 § 18 (Exh. 1); Ord. 017-23 § 1 (Exh. A))
§ 20.206.040 Appeals.
The Port Orchard building code board of appeals is the designated board of appeals for this chapter. Guided by Section 103 of the International Fire Code, the board of appeals shall determine the suitability of alternate materials and/or methods and provide for reasonable interpretations of the provisions of this chapter. The chief shall be notified of all appeals under this chapter. On request by the board of appeals, the fire marshal shall review appeals and provide recommendations thereon to the board of appeals.
(Ord. 019-17 § 18 (Exh. 1); Ord. 010-18 § 36)
§ 20.206.060 Enforcement.
A violation of POMC § 20.206.030 shall be enforced in accordance with POMC § 20.200.020 and § 20.200.022.
(Ord. 019-17 § 18 (Exh. 1))
§ 20.208.010 Duty of owner.
It shall be the duty of every owner, agent, lessor or occupant of every house or other buildings which are part of the same property with a numbered house or building to place on such building its proper street number. Such numbers shall be placed on such house or building within 30 days from the time the owner, agent or occupant receives written notice from the city addressing technician of the numbers assigned to the house or building.
(Ord. 019-17 § 18 (Exh. 1); Ord. 010-18 § 37)
§ 20.208.020 Placement of numbers.
Street numbers, as provided in this chapter, shall be either affixed in metal, wood, decals or painted on, in such a manner that the numbers are clearly visible from the street which the house or building faces during daylight and nondaylight hours. The numbers shall be not less than three inches in height and shall be a contrasting color from the color of the building to which they are affixed; and shall be affixed above or to the side of the entrance of house or building. If the entrance is not clearly visible from the street, the numbers shall be placed in such a manner as to be clearly visible from the street.
(Ord. 019-17 § 18 (Exh. 1))
§ 20.208.030 Violation – Penalty.
Violation of any of the provisions of this chapter shall constitute a civil infraction and may be punished by a fine of not less than $25.00 nor more than $100.00.
(Ord. 019-17 § 18 (Exh. 1))
§ 20.210.010 Purpose and intent.
(1)
In accordance with RCW 43.22.440, the city shall administer, inspect and enforce the installation of all mobile/manufactured homes locating or relocating within the jurisdictional boundaries of the city.
(2)
Mobile/manufactured homes installed outside of mobile home parks shall meet the requirements of Zoning Ordinance 1163 and amendments thereto.
(Ord. 019-17 § 18 (Exh. 1))
§ 20.210.020 Definitions.
For the purposes of this chapter, the following words, terms and phrases shall be used in the interpretation and administration of this chapter:
(1) "Dwelling, single-family"
means a detached building designed exclusively for the permanent occupancy of one family and containing one dwelling unit, including mobile/manufactured housing.
(2) "Factory-built housing"
means a structure constructed in a factory of factory-assembled parts and transported to the building site, in whole or in units, which meets the requirements of the International Building Code. The completed structure is not a mobile/manufactured home.
(3) "Mobile home lot"
means a parcel of land within a mobile home park for the placement of a single mobile home and the exclusive use of its occupants.
(4) "Mobile home park"
means a plot of ground divided into lots, under the ownership or management of one person, firm or corporation for the purpose of locating two or more mobile homes for dwelling purposes.
(5) "Mobile/manufactured home"
means a residential unit on one or more chassis for towing to the point of use and designed to be used with a foundation as a dwelling unit on a year around basis. A commercial coach, recreational vehicle, and motor home is not a mobile/manufactured home.
(6) "Recreational vehicle (RV)"
means a vehicular type unit designed as temporary living quarters for recreational camping or travel uses, with or without motive power. This definition includes vehicles such as travel trailer, camping trailer, truck campers, and motor homes. A recreational vehicle is not a mobile/manufactured home.
(Ord. 019-17 § 18 (Exh. 1))
§ 20.210.030 Installation permits – Required – Fee.
(1)
Prior to the location, relocation, establishment or initial occupancy of any mobile/manufactured home, the home owner or authorized representative shall obtain a permit from the building department. The fee for the installation permit shall be set by city resolution.
(2)
A dealer may not deliver a mobile/manufactured home until it has been verified that the owner or the installer has obtained an installation permit for the home. Each permit issued by the building department for a mobile/manufactured home shall be valid until the mobile/manufactured home is moved to another location.
(3)
The installation permit issued is only for the installation of the mobile/manufactured home. Changes to the basic home or modification to the approved setup instructions cannot be made.
(Ord. 019-17 § 18 (Exh. 1))
§ 20.210.040 Building site preparation.
(1)
A mobile home may not be installed at a building site unless the ground at the site has adequate compaction and load-bearing ability to meet the support requirements. When the bearing capacity of the soil is not known or in question, a soils analysis by a qualified engineer shall be required. The installer or, if the building site is in a mobile home park, the park owner, shall ensure that the ground on which the home is to be installed has been improved as necessary, to provide a proper base for the mobile home and that the area beneath the home has adequate drainage.
(2)
Site preparation shall be regulated by the International Building Code and applicable city codes. Permit and fees for site preparation are established by the International Building Code.
(Ord. 019-17 § 18 (Exh. 1))
§ 20.210.050 General installation requirements – Standards.
(1)
All mobile/manufactured homes shall be installed in compliance with the National Manufactured Housing Procedural and Enforcement Regulations which are incorporated into these rules by this reference. (Subparts "F" and "I" of 24 CFR, Part 3282 adopted as of April 1, 1982.)
(2)
HUD-labeled homes shall be installed in compliance with the manufacturer's installation recommendations, approved by HUD.
(3)
Homes not labeled by HUD shall be installed in accordance with instructions by a professional engineer or architect licensed in the state, or if not covered by either of the above, they shall comply with the installation requirements in WAC 296-150B-225 through 296-150B-255.
(Ord. 019-17 § 18 (Exh. 1); Ord. 017-23 § 1)
§ 20.210.060 Accessory structures – Regulation of.
(1)
Unless designed and/or built by the manufacturer, accessory structures such as porches, decks and carports are regulated under city codes and ordinances.
(2)
Accessory structures cannot use the manufactured home for support of said structure unless the structure is commercially manufactured and the structure's manufacturer certifies that said accessory structure will not adversely affect the manufactured home. Custom manufactured accessory structures cannot use the manufactured home for support unless a licensed professional engineer certifies that the said accessory structure will not adversely affect the manufactured home.
(3)
Where windows required for ventilation and egress are covered by a carport, that carport shall be designed and built in such a way as to allow egress from the windows and maintain access to light and air.
(Ord. 019-17 § 18 (Exh. 1))
§ 20.210.070 Instruction manuals.
All mobile/manufactured homes, built after June, 1976, locating or relocating within the jurisdictional boundaries of the city shall have a copy of the manufacturer's installation manual on site prior to inspection. Supplementary pages may also be provided for specific requirements for a particular model. If the manual is not available, the installation shall meet the requirements of WAC 296-150B-225 through 296-150B-255.
(Ord. 019-17 § 18 (Exh. 1))
§ 20.210.080 Inspections – Correction of noncompliance.
(1)
The installer shall request an inspection after all aspects of the installation, other than installation of the foundation fascia, have been completed. If the installation complies with the installation requirements and the conditions of the installation permit, the city of Port Orchard shall approve the installation and allow the mobile home to be occupied.
(2)
If the installation does not comply with the installation requirements and the conditions of the installation permit, the city building inspector shall provide the installer with a list of corrections that the installer must make. The list of corrections shall state a date by which the corrections must be completed. If the items that require corrections are not complete, a reinspection fee shall be assessed. The reinspection fee is set by city resolution.
(Ord. 019-17 § 18 (Exh. 1))
§ 20.212.010 Purpose – Findings.
The city council finds that there are within the city of Port Orchard dwellings, buildings, structures, and premises, or portions thereof, which are dangerous or injurious to the health or safety of the occupants of such dwelling, building, structure or premises, the occupants of neighboring dwellings, or other residents of the city, or which are otherwise unfit for human habitation, occupancy, or other uses, due to: dilapidation; disrepair; structural defects; unpermitted and substandard construction or modification; lack of maintenance; abandonment or neglect; filth and other conditions attracting insects or vermin or likely to spread disease; defects increasing the risks and hazards of fire, accidents, or other calamities; inadequate ventilation and uncleanliness; inadequate light or sanitary facilities; inadequate drainage; overcrowding; violations of various building, health, and safety regulations; and other conditions which are inimical to the health and welfare of the residents of the city.
Such dwellings, buildings, structures, and premises are dangerous to occupants, threaten the public health, safety, and welfare, attract and harbor vagrants and criminals, offend public values, lower the value of neighboring properties, contribute to neighborhood or community deterioration, and hamper community and economic development.
When the owners or other persons in possession or control of such properties are unwilling or unable to correct such conditions in a proper and timely manner, it is in the interest of the community and of the occupants of such places for the city to intervene and vacate, secure, correct, repair, or remove such buildings, structures, and conditions, and to pursue all legal means to recover from such persons and/or properties the costs of doing so, including the costs of staff salaries and benefits, materials, contractors, and all other legally recoverable costs and expenses.
(Ord. 023-17 § 1; Ord. 036-19 § 1)
§ 20.212.020 Definitions.
For the purposes of this chapter, certain words shall have the meanings as defined in this section. Words, terms, or phrases not defined in this section shall be as defined in the building code, other codes of this jurisdiction, or their commonly accepted meanings. Words used in the singular include the plural. Words in the masculine gender include the feminine and in the feminine gender include the masculine and all other gender identities.
(1) "Abandoned" or "apparently abandoned"
shall mean any dwelling, building, structure or premises that is so neglected, or other characteristics exist, as to support a reasonable conclusion that it is vacant – except as may be temporarily occupied by vagrants – and not cared for by any owner, tenant, or other party.
(2) "Abate"
shall mean to remove, repair, correct, put an end to, secure from entry, or otherwise eliminate or diminish the intensity of any dangerous or unfit dwelling, building, structure, or premises or portion thereof, or any condition causing a dwelling, building, structure, or premises to be dangerous or unfit.
(3) "Building"
shall mean any structure used or intended for supporting or sheltering any use or occupancy.
(4) "Building code"
shall mean the International Building and Residential Codes, and their referenced codes and standards, and other codes related to the construction, occupancy, and use of buildings and structures, as adopted and amended by Chapter 20.200 POMC, or as subsequently amended.
(5) "Director"
shall mean the director of the department of community development or public works and their designee(s).
(6) "Hearing officer"
shall mean the person designated by the city of Port Orchard to hear appeals of the findings and orders issued by the director, in accordance with POMC § 20.212.080 and Chapter 2.82 POMC.
(7) "Owner"
shall mean the owner or taxpayer shown in the records of the Kitsap County assessor, recorded with the Kitsap County auditor, or as otherwise known to the city of Port Orchard, and shall include any manager, agent, or other representative of the owner, or other person with responsibility for or control over the dwelling, building, structure or premises.
(9) "Structure"
shall mean or include that which is built or constructed or a portion thereof, including but not limited to buildings and such nonhabitable structures as walls, fences, towers, shafts, signs, and other constructed objects, whether temporary or permanent. For the purposes of this chapter, the terms "building" and "structure" may be used interchangeably, and both terms include dwellings and other premises and portions thereof.
(Ord. 023-17 § 1; Ord. 036-19 § 1; Ord. 017-23 §§ 1, 3 (Exh. A))
§ 20.212.030 Authority and liability.
(1)
The director is hereby authorized to exercise such powers as may be necessary or convenient to carry out and effectuate the purposes and provisions of this chapter. These powers shall include the following, in addition to others granted in this chapter: (a) to determine which dwellings, buildings, structures, or premises or portions thereof are dangerous or unfit for human habitation or other use; (b) to administer oaths and affirmations, examine witnesses, and receive evidence; (c) to investigate and inspect dwellings, buildings, structures and premises and other property conditions in the city, and to enter into and upon such for the purpose of making examinations when the director has reasonable grounds for believing they are dangerous or unfit for human habitation or other use; provided, that such entries shall be made in such manner as to cause the least possible inconvenience to the persons in possession, to obtain an order for this purpose after submitting evidence in support of an application which is adequate to justify such an order from a court of competent jurisdiction in the event entry is denied or resisted, or to otherwise inspect or observe the building or structure in any lawful manner that does not constitute an unlawful trespass or violate a reasonable expectation of privacy; (d) to direct any utility provider to temporarily or permanently suspend or terminate service to any building or structure deemed dangerous or unfit under this chapter, and to authorize the reconnection or resumption of service once the conditions necessitating such action have been corrected to the satisfaction of the director; (e) to hire or otherwise receive assistance from such other experts, inspectors, individuals, contractors, agencies, or others as may be appropriate to conduct or assist with such inspections and actions or to provide reports or other information or resources the director may consider in evaluating such buildings/structures or use in enforcing the provisions of this code; (f) to expend public funds to abate such conditions; and (g) to cause such funds to be recovered by legal means including but not limited to filing liens against the properties upon which such buildings or structures have been abated.
(2)
The director or designee, hearing officer, or employee charged with the enforcement of this chapter, while acting for the jurisdiction in good faith and without malice in the discharge of the duties required by this code or other pertinent law or ordinance, shall not thereby be civilly or criminally rendered liable personally and is hereby relieved from personal liability for any damage or loss accruing to persons or property as a result of, or by reason of, any act or omission in the discharge of official duties.
(3)
Any action, suit, or criminal proceeding instituted against the director or designee, hearing officer, or city employee, because of an act performed or an omission made by that director or designee, hearing officer, or employee in the lawful discharge of duties under the provisions of this chapter shall be defended by legal representatives of the jurisdiction until the final termination of the action, suit, or proceeding. The director or designee, hearing officer, or employee shall not be liable for the costs of any action, suit, or proceeding that is instituted relating to the provisions of this chapter.
(Ord. 023-17 § 1; Ord. 036-19 § 1)
§ 20.212.040 Criteria for unfit or dangerous buildings or structures.
The director may determine that a building or structure is dangerous or unfit for occupancy or other use if they find that conditions exist in such building or structure that are dangerous or injurious to the health, safety, or welfare of the occupants of such structure, the occupants of neighboring structures, or other residents of the city, or is otherwise not safe or fit for the use for which it was designed or intended, or for other appropriate and legal use. Such conditions may include the following, without limitations:
(1)
Any door, aisle, passageway, stairway, or other means of exit is too narrow or small, or other factors or conditions exist, so as to be unsafe or to hinder safe exit in case of panic, fire, or other emergency.
(2)
The walking surface of any aisle, passageway, stairway, or other means of exit is so warped, worn, loose, torn, or other factors or conditions exist, so as to be unsafe or to not provide safe and adequate means of exit in case of panic, fire, or other emergency.
(3)
The stress in any materials, member, or portion thereof, due to dead and live loads, is more than one and one-half times the working stress or stresses allowed in the building code for new buildings of similar structure, purpose, or location.
(4)
Any portion has been damaged by fire, earthquake, wind, flood, deterioration, neglect, or any other cause, to such an extent that the structural strength or stability thereof is materially less than it was before such damage or deterioration and is less than the minimum requirements of the building code for new buildings of similar structure, purpose, or location.
(5)
Any portion or member or appurtenance thereof is likely to fail, or to become detached or dislodged, or to collapse and thereby injure persons, damage property, or render other portions of the structure or premises unsafe or unfit to occupy.
(6)
Any portion of a building, or any member, appurtenance, or ornamentation on the exterior thereof is not of sufficient strength or stability, or is not so anchored, attached, or fastened in place as to be capable of resisting a wind pressure of one-half of that specified in the building code for new buildings of similar structure, purpose, or location without exceeding the working stresses permitted in the building code for such buildings.
(7)
Any portion thereof is wracked, warped, buckled, settled, deteriorated, or other conditions exist, such that walls or other structural portions have materially less resistance to wind, earthquakes, snow, or other loads, than is required in the case of similar new construction.
(8)
The building or structure, or any portion thereof, because of (a) dilapidation, deterioration, or decay; (b) faulty construction; (c) the removal, movement, or instability of any portion of the ground necessary for the purpose of supporting such building; (d) the deterioration, decay, or inadequacy of its foundation; or (e) any other cause, is likely to partially or completely collapse.
(9)
For any reason, the building or structure, or any portion thereof, is manifestly unsafe for the purpose for which it is being used or is designed and intended to be used.
(10)
The exterior walls or other vertical structural members list, lean, or buckle to such an extent that a plumb line passing through the center of gravity does not fall within the middle one-third of the base.
(11)
The building, structure, or premises is damaged by fire, wind, earthquake, flood, or any other cause, has become dilapidated, deteriorated, or neglected, or is abandoned or apparently abandoned, so as to: (a) be an attractive nuisance dangerous to children; (b) attract and/or provide harborage for vagrants, criminals, or immoral persons; or (c) enable persons to resort thereto and engage in unlawful, immoral, or dangerous activities, or activities constituting a public nuisance.
(12)
The building or structure has been constructed, exists, or is maintained, occupied, or used in violation of any specific requirement or prohibition applicable to such building or structure provided by the building code or any other law of the state or ordinance of the city relating to the condition, location, structure, occupancy, or use of buildings.
(13)
The building or structure, whether or not erected in accordance with all applicable laws and ordinances, has in any nonsupporting part, member, or portion less than 50 percent – or in any supporting part, member, or portion less than 66 percent – of the (a) strength, (b) fire-resisting qualities or characteristics, or (c) weather-resisting qualities or characteristics required by law for newly constructed buildings of like area, height, and occupancy in the same location.
(14)
Because of neglect, dilapidation, decay, damage, or faulty construction; inadequate light, ventilation, or sanitation facilities; infestation of rodents, roaches, wood-destroying organisms, or other vectors of disease; filth or accumulation of garbage; or, for any other reason, the building, structure, or premises is unsanitary, unfit for human habitation, occupancy, or use, or in a condition that is likely to cause sickness or disease.
(15)
Because of obsolescence, deterioration, damage, lack of sufficient or proper fire-resistive construction or fire-protection systems, faulty electric wiring or components, gas connections, or mechanical systems, or for any other cause, the building, structure, or premises is determined by the fire authority to be a fire hazard.
(16)
Electrical, plumbing, mechanical, ventilation, or other equipment or systems, or portions thereof, due to damage, deterioration, improper installation or use, or any other cause, are unsafe, unable to perform their required or designed function, or contributing or likely to contribute to deterioration or unsafe conditions of other portions of the structure.
(17)
Roofing, siding, vents, or other protective components, systems, or materials are damaged, deteriorated, improperly installed, or for any other reason not functioning properly to prevent the intrusion or retention of moisture into interior components or materials not designed or intended for exposure to moisture.
(18)
Vents, cracks, or other exterior openings are not properly covered or otherwise treated to prevent the entrance of insects, birds, rodents, or other animals.
(19)
Foundations, footings, and related supporting components are damaged, settled, or otherwise deteriorated, or not properly constructed, anchored, installed, or supported, as to provide the required support, stability, or protection against the elements.
(20)
Any portion of a structure remaining on a site after the demolition or destruction of the structure or any structure abandoned or apparently abandoned so as to constitute such structure or portion thereof an attractive nuisance or hazard to the public.
(21)
The building or structure is in such a condition as to constitute a public nuisance.
(22)
Any vehicle, shipping container, tent, mechanical equipment, or other object, used as a dwelling/sleeping unit, storage structure/building, or other structure or occupancy, or component thereof, except as specifically designed and intended for such use, converted to such use in compliance with all applicable regulations, or otherwise approved for such use, and used in accordance with such design or approval.
(23)
Any other condition the building official or other official or expert determines that renders the building or structure unsafe or unfit for habitation, occupancy, or other appropriate and legal use.
(Ord. 023-17 § 1; Ord. 036-19 § 1; Ord. 017-23 § 1 (Exh. A))
§ 20.212.050 Inspection and complaint.
If, after a preliminary investigation of any dwelling, building, structure, or premises, the director finds that it is dangerous or unfit for human habitation, occupancy, or other appropriate and legal use, they shall issue a complaint stating in what respects such dwelling, building, structure, or premises is dangerous or unfit. Such complaint shall contain a notice that a hearing will be held before the director, at a place therein fixed, not less than 10 days nor more than 30 days after the serving of the complaint; and that all parties in interest shall be given the right to file an answer to the complaint, to appear in person, or otherwise, and to give testimony at the time and place in the complaint. The rules of evidence prevailing in courts of law or equity shall not be controlling in hearings before the director.
The complaint shall be served either personally or by certified mail, with return receipt requested, upon all persons having any interest therein, as shown upon the records of the Kitsap County auditor, and shall be posted in a conspicuous place on such property. If the whereabouts of any of such persons is unknown and the same cannot be ascertained by the director in the exercise of reasonable diligence, and the director makes an affidavit to that effect, then the complaint may be served upon such persons by mailing a copy by certified mail, postage prepaid, return receipt requested, to each such person at the address of the building or structure involved in the proceedings, and mailing a copy by first class mail to any address of each such person in the records of the Kitsap County assessor or auditor. A copy of the complaint shall also be filed with the Kitsap County auditor and such filing of the complaint shall have the same force and effect as other lis pendens notices provided by law.
(Ord. 023-17 § 1; Ord. 036-19 § 1; Ord. 017-23 § 1 (Exh. A))
§ 20.212.060 Findings and order.
If the director determines that the dwelling, building, structure, or premises is dangerous or unfit for human habitation, occupancy, or use, in accordance with this chapter, they shall state in writing their findings of fact in support of such determination, and shall issue an order that: (1) requires the owner or party in interest, within the time specified in the order, to repair, alter, or improve such dwelling, building, structure, or premises, or otherwise remove or correct the violating condition(s), so as to eliminate the threat and/or nuisance to the occupants and/or community and render it fit for human habitation, occupancy, or other appropriate or legal use, and/or to vacate and close the dwelling, building, structure, or premises, if such course of action is deemed proper on the basis of the standards set forth in POMC § 20.212.040; or (2) requires the owner or party in interest, within the time specified in the order, to remove or demolish such dwelling, building, structure, or premises, if this course of action is deemed proper on the basis of those standards.
The findings and order shall be served and posted in the same manner as prescribed in POMC § 20.212.050. If no appeal is filed, the order shall be final and a copy of the order shall be filed with the Kitsap County auditor.
(Ord. 023-17 § 1; Ord. 036-19 § 1; Ord. 017-23 § 1 (Exh. A))
§ 20.212.070 Standards for demolition or repair.
(1)
In ordering the required course of action to be taken by the owner to abate the unfit or dangerous building or structure, the director may order the building or structure or a portion thereof demolished and not repaired under any of the following circumstances:
(a)
The estimated cost to repair the building or structure or portion thereof is more than 50 percent of the appraised or estimated replacement value of the structure;
(b)
The building or structure, exclusive of the foundation, has damage or deterioration to 33 percent or more of its supporting members, or 50 percent of its nonsupporting members, enclosing or outside walls or coverings.
(2)
In estimating the replacement value of a building or structure, the director shall use the square foot cost estimating method set forth in the "Residential Cost Handbook," Marshall and Swift, latest available edition, or a cost estimating method or publication that the director deems comparable.
(3)
Appraised value of a structure shall be as determined by a professional real estate appraiser within one year of the date of the order.
(4)
In estimating the cost of repairs, the director shall apply the following standards:
(a)
All repair costs shall be based on estimates calculated from the Marshall and Swift "Residential Cost Handbook," latest available edition, or a cost estimating publication that the director deems comparable;
(b)
Repair estimates shall assume that all work will comply with the requirements of all applicable current codes;
(c)
If the extent of damage to a portion of a building or structure cannot be ascertained from visual inspection, the director shall assume that the relative extent of damage or deterioration identified in the observable portion of the building exists in the unobserved portions; and
(d)
Cost estimates for replacing or repairing the building, structure or portion thereof shall include the same type and quality of materials as originally used in the structure, unless different materials are required by current building, mechanical, electrical, plumbing, energy, fire, or other codes. If the building or structure is so damaged that the original materials cannot be determined, repair costs shall be estimated using the materials identified under the applicable building quality classification in the square foot cost estimating method in the "Residential Cost Handbook" by Marshall and Swift.
(Ord. 023-17 § 1; Ord. 036-19 § 1)
§ 20.212.080 Appeals.
(1)
In accordance with RCW 35.80.030(1)(g), as now written or hereafter amended, within 30 days from the date of service upon the owner or any party in interest, and posting of the findings and order issued under POMC § 20.212.060, the owner or any party in interest may file a notice of appeal with the city clerk for a hearing before the hearing officer.
(2)
Upon application for an appeal, enforcement of the order is suspended until the resolution of the appeal, except that emergency measures and orders shall not be suspended.
(3)
The city shall establish rules of procedure adequate to assure a prompt and thorough review of matters submitted to the hearing officer, including but not limited to the following:
(a)
The hearing officer must resolve all matters submitted to them within 60 days from the date of filing;
(b)
The rules of evidence prevailing in courts of law or equity shall not be controlling in hearings before the hearing officer; and
(c)
A transcript of the hearing officer's findings of fact shall be made available to the owner or other party in interest upon demand.
(4)
The decision of the hearing officer shall be served and posted, within five calendar days of issuance, in the same manner as prescribed in POMC § 20.212.050 and shall be enforceable as provided herein.
(5)
In accordance with RCW 35.80.030(2), as now written or hereafter amended, any person affected by a decision issued by the hearing officer pursuant to subsection (1) of this section may, within 30 days after the posting and service of the decision, petition to the superior court for an injunction restraining the director from carrying out the provisions of the decision. In all such proceedings the court is authorized to affirm, reverse, or modify the decision and such trial shall be heard de novo. Absent such a timely petition for injunction, the decision of the hearing officer shall be final.
(Ord. 023-17 § 1; Ord. 036-19 § 1; Ord. 017-23 § 1 (Exh. A))
§ 20.212.090 Enforcement of order.
If the owner(s) or parties in interest, following exhaustion of their rights to appeal, fail to comply with the final order or decision to secure, repair, alter, improve, vacate, close, remove, or demolish the dwelling, building, structure, or premises or portion thereof, or otherwise remove or correct the violating condition, the director may direct or cause such dwelling, building, structure, or premises or portion thereof to be repaired, altered, improved, vacated and closed, removed, or demolished, or such other action as is necessary to remove or correct the violating condition.
(Ord. 023-17 § 1; Ord. 036-19 § 1)
§ 20.212.100 Requests for reconsideration, modification, or extension.
(1)
Requests for reconsideration may be made to the director or hearing officer whose order or decision is the subject of the request. Such request must be made within 30 days of service of the order or decision. Appeal or compliance deadlines are not automatically suspended or extended upon filing of a request, but the director or hearing officer may, at their discretion, suspend or extend such deadlines during their review of the request and/or in their final decision.
(2)
In working with an owner or other responsible party who has not appealed the director's order and is working toward compliance, the director may grant additional time and/or alternative methods for achieving compliance from those initially ordered by the director. Such accommodations shall be in writing and signed by both parties, and shall be based on reasonable plans, progress, and/or assurances by the owner or responsible party, or on circumstances outside of their control, and upon reasonable interim measures implemented to protect the health, safety, and welfare of the public and/or occupants of the building. Issuance of any permit for work related to the conditions addressed herein may be conditioned on such written agreement and assurances. Such accommodations and permit(s) shall be conditioned upon the continued satisfactory performance of the owner or responsible party and may be revoked by the director upon lack of satisfactory performance. The granting or revocation of such accommodations/agreements shall not be subject to appeal.
(3)
Any owner or responsible party who has appealed to the hearing officer must petition the hearing officer for any subsequent modification of the time, method, materials, or other provisions of the order issued by the hearing officer, unless the hearing officer has delegated such authority to the director. If such authority has been delegated, the director, at their discretion, may consult with or defer any such decision back to the hearing officer.
(4)
Any owner or responsible party must petition to the superior court for any subsequent modification of the time, method, materials, or other provisions of any order issued by the court, unless the court has delegated such authority to the director or hearing officer. If such authority has been delegated, the director or hearing officer, at their discretion, may consult with or defer any such decision back to the superior court.
(Ord. 036-19 § 1; Ord. 017-23 § 1 (Exh. A))
§ 20.212.110 Emergency measures.
Whenever the director finds that any building, structure, premises, or portion thereof is an imminent hazard to the public, the building occupants, or surrounding buildings or properties, they may, without notice and order, take immediate action to vacate, stabilize, secure from entry, or otherwise protect the occupants, public, and surrounding properties or buildings from the hazard. Such action may include closing and vacating sidewalks, streets, and surrounding properties and buildings. The director shall, within five working days following completion of such work or action, issue a complaint pursuant to this chapter. Any city funds spent in responding to the emergency shall be included in costs recoverable under this chapter.
Any notice posted by the director, declaring a building, structure, or premises unsafe or unfit to enter or occupy may only be removed by the director or designee, or with the express approval of the director or designee. Any person who removes, alters, defaces, covers, or otherwise renders such notice ineffective, without such express approval, shall be guilty of a misdemeanor.
(Formerly 20.212.100; Ord. 023-17 § 1; Ord. 036-19 § 1; Ord. 017-23 § 1 (Exh. A))
§ 20.212.120 Sale or disposal of materials and contents.
If the dwelling, building, structure, or premises is removed or demolished by the city, the director shall, if possible, sell the materials of the dwelling, building, structure, or premises, and shall credit the proceeds of such sale against the cost of the removal or demolition and, if there be any balance remaining, it shall be paid to the parties entitled thereto, as determined by the director, after deducting the costs incident thereto.
The determination of whether or not it is possible to sell the materials shall be based on factors such as, but not limited to: the type, nature, and condition of the materials; whether or not they can reasonably be removed and separated for sale; and the costs involved in attempting to sell the materials. The salability of the materials may be determined by the director based on experience, or in consultation with such contractors or experts as deemed appropriate.
The procedures for selling the materials shall be based on the type and quantity of materials involved. Such procedures may include, but not be limited to: listing in local, Internet, or other forums or publications; request for bids for purchase and removal; public auction; and recycling by abatement contractor.
(Formerly 20.212.110; Ord. 023-17 § 1; Ord. 036-19 § 1)
§ 20.212.130 Recovery of expenses.
(1)
The amount of the cost of such repairs, alterations or improvements, vacating and closing, removal or demolition, or other action to remove or correct the violation(s) and/or protect the occupants, public, and/or neighboring buildings and properties, taken or caused to be done by the director, shall be assessed against the real property upon which such cost was incurred, unless such amount is previously paid. Such costs shall include all reasonable expenses, including, but not limited to, the costs of consultants and contractors, legal counsel, staff time, court fees, materials and equipment, incidentals, mailing, publishing, and recording notices. Pursuant to RCW 35.80.030(1)(h), the amount of such costs shall constitute a lien against the property of equal rank with state, county, and municipal taxes.
(2)
For purposes of this section, the cost of vacating and closing shall include (a) the amount of relocation assistance payments that a property owner has not repaid to the city of Port Orchard or other local government entity that has advanced relocation assistance payments to tenants under RCW 59.18.085(b); and all penalties and interest that accrue as a result of the failure of the property owner to timely repay the amount of these relocation assistance payments under RCW 59.18.085.
(3)
Upon certification to them by the director of the assessment amount being due and owing, the county treasurer shall enter the amount of such assessment upon the tax rolls against the property for the current year and the same shall become a part of the general taxes for that year to be collected at the same time and with interest at such rates and in such manner as provided for in RCW 84.56.020 for delinquent taxes, and when collected to be deposited to the credit of the general fund of the city.
(Formerly 20.212.120; Ord. 023-17 § 1; Ord. 036-19 § 1; Ord. 017-23 § 1 (Exh. A))
§ 20.212.140 Permits, regulations and workmanship.
All repairs, improvements, maintenance, or other work performed in relation to any enforcement under this code shall be performed and completed by the owner, contractor, or other person in interest in a workmanlike manner and in compliance with all permitting and other requirements of all applicable codes and regulations. The owner or other person in interest shall be responsible for identifying and complying with all applicable codes and regulations.
(Formerly 20.212.130; Ord. 023-17 § 1; Ord. 036-19 § 1)
§ 20.212.150 Remedies not exclusive.
(1)
This section does not abrogate or impair the powers of the courts or of any department of the city to enforce any other of its ordinances or regulations, or to prevent or punish violations thereof; and the powers conferred by this section shall be in addition and supplemental to the powers conferred by any other law.
(2)
This section does not impair or limit in any way the power of the city to define and declare nuisances and to cause their removal or abatement, by summary proceedings or otherwise.
(Formerly 20.212.140; Ord. 023-17 § 1; Ord. 036-19 § 1)
§ 20.212.160 Public nuisance.
Any structure or premises subject to complaint or order under this chapter is also a public nuisance.
(Formerly 20.212.150; Ord. 023-17 § 1; Ord. 036-19 § 1)
§ 20.212.170 Violations.
(1)
In addition or alternative to any other provisions of this chapter, any person who violates or fails to comply with any of the provisions of this chapter, or who violates or fails to comply with any lawful notice or order made hereunder, shall for each and every such violation and noncompliance respectively be subject to the penalties and provisions specified in POMC § 20.212.180.
(2)
Each day in which a violation occurs or is allowed to continue shall constitute a separate offense and may be punished as such.
(Formerly 20.212.160; Ord. 023-17 § 1; Ord. 036-19 § 1)
§ 20.212.180 Penalties and other relief.
(1)
Civil Penalty. In addition or alternative to any other penalty provided herein or by law, any violation of, or failure to comply with, any provision of this chapter or any lawful order issued hereunder shall constitute a civil infraction subject to a penalty in the amount of $250.00, not including statutory penalties, per violation.
(2)
Criminal Penalty. In addition or alternative to any other penalty provided herein or by law, any violation of, or failure to comply with, any provision of this chapter or any lawful order issued hereunder shall constitute a misdemeanor, punishable by a fine of not more than $1,000, or by imprisonment for not more than 90 days, or by both such fine and imprisonment.
(Formerly 20.212.170; Ord. 023-17 § 1; Ord. 036-19 § 1)