Chapter 14.08
ENFORCEMENT OF THE BUILDING CODES

Sections:

14.08.010    Scope.

14.08.020    Definitions.

14.08.040    Administration and enforcement.

14.08.060    Investigation and notice of violation.

14.08.080    Reserved.

14.08.100    Stop work order and stop use order.

14.08.120    Emergency order.

14.08.140    Reserved.

14.08.160    Deadline for compliance – Extension of compliance deadline.

14.08.180    Reserved.

14.08.200    Violations.

14.08.220    Reserved.

14.08.240    Violation – Penalty.

14.08.260    Additional relief.

14.08.010 Scope.

This chapter shall supplement the procedures outlined in Ch. 1.04 KCC for enforcement of violations of the Kent City Code and both chapters shall govern enforcement of the building codes adopted in KCC Title 14.

(Ord. No. 3880, § 4, 5-6-08)

14.08.020 Definitions.

The definitions contained in KCC 1.04.020 shall also apply to this chapter. In addition, the following words, terms, and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

1. Building codes means and includes the International Building Code, the International Existing Building Code, the International Residential Code, the International Mechanical Code, the International Fire Code, the Uniform Plumbing Code, the Uniform Housing Code, the Uniform Code for Abatement of Dangerous Buildings, and the Washington State Energy Code, as now or hereafter adopted, amended, and/or supplemented pursuant to KCC Title 14, the Revised Code of Washington, and/or the Washington Administrative Code.

2. Building official means the building official of the city or any person authorized by the building official to enforce the building codes.

3. Premises means a plot of ground, whether occupied by a structure or not.

(Ord. No. 3053, § 2(14.24.020), 7-7-92; Ord. No. 3178, § 1, 8-2-94; Ord. No. 3690, § 14, 5-4-04; Ord. No. 3880, § 4, 5-6-08; Ord. No. 3956, § 2, 5-18-10)

14.08.040 Administration and enforcement.

A. It shall be the duty of the building official to enforce the building codes in the manner generally described in each of the respective building codes, and as more particularly described in this chapter and in Ch. 1.04 KCC. The building official may call upon the police, fire, or other appropriate city department to assist in enforcement.

B. The obligation of complying with the requirements of the building codes shall fall upon any person or entity defined under KCC 1.04.020(K) as a “person responsible for the violation,” and shall expressly include an the owner, occupier, or other person responsible for the condition of the buildings, structures, dwelling units, or premises within the scope of the building codes.

C. In case of conflict between the provisions of the building codes and of this chapter, the provisions of this chapter shall be controlling. In the case of any conflict between this chapter and Ch. 1.04 KCC, this chapter shall control.

(Ord. No. 3053, § 2(14.24.040), 7-7-92; Ord. No. 3178, § 1, 8-2-94; Ord. No. 3880, § 4, 5-6-08)

14.08.060 Investigation and notice of violation.

A. The building official shall investigate any building, structure, dwelling unit, or premises which the building official reasonably believes does not comply with the standards and requirements of the building codes.

B. If, after investigation, the building official determines that the standards or requirements of the building codes have been violated, the building official may seek compliance and serve a notice of violation on a person responsible for the violation or may otherwise enforce the building codes pursuant to this chapter and Ch. 1.04 KCC.

(Ord. No. 3053, § 2(14.24.060), 7-7-92; Ord. No. 3130, § 1, 9-7-93; Ord. No. 3178, § 1, 8-2-94; Ord. No. 3880, § 4, 5-6-08)

14.08.080 Reserved.

Editor’s note – Ord. No. 3130, § 1, adopted Sept. 7, 1993, repealed former § 14.08.080 in its entirety, which pertained to time for compliance.

14.08.100 Stop work order and stop use order.

The building official may issue a stop work order and/or a stop use order pursuant to the provisions of the International Building Code, the International Residential Code, or any other applicable building code, or may issue a stop work order and/or a stop use order when a continuing violation of any of the building codes will materially impair the building official’s ability to secure compliance, or when a continuing violation threatens the public health, safety, or welfare.

(Ord. No. 3053, § 2(14.24.100), 7-7-92; Ord. No. 3178, § 1, 8-2-94; Ord. No. 3690, § 15, 5-4-04; Ord. No. 3880, § 4, 5-6-08)

14.08.120 Emergency order.

A. Whenever any building, dwelling unit, and/or premises violates the building codes in a manner that, in the opinion of the building official, creates a risk of imminent harm to the occupants of the building, dwelling unit, premises, or any member of the public, the building official may issue an emergency order barring use of the building, dwelling unit, and/or premises until the building, dwelling unit, and/or premises has been inspected by the city and approved as restored to a condition of safety, and the order may require that the building, dwelling unit, and/or premises be immediately vacated and closed to entry until the dangerous condition has been corrected to the satisfaction of the building official. The emergency order shall also specify a deadline for correction of the conditions that caused the emergency order to be issued.

B. The emergency order shall be posted on the building, dwelling unit, and/or premises and shall be mailed by regular first class mail to the last known address of the owners, and if applicable, to any known occupants.

C. Any building, dwelling unit, and/or premises subject to an emergency order which is not repaired within the time specified in the order is hereby found and declared to be a public nuisance, which the building official is authorized to abate by such means and with such assistance as may be available, and any abatement costs shall become a lien against the property and shall be recovered by the building official in any manner provided by law.

(Ord. No. 3053, § 2(14.24.120), 7-7-92; Ord. No. 3178, § 1, 8-2-94; Ord. No. 3880, § 4, 5-6-08)

14.08.140 Reserved.

    Editor’s note – Ord. No. 3130, § 1, adopted Sept. 7, 1993, repealed former § 14.08.140 in its entirety, which pertained to review of notice by the building official.

14.08.160 Deadline for compliance – Extension of compliance deadline.

A.  Where violations of the building codes occur, deadlines for compliance with the building codes, and any extension of the deadline for compliance granted by the building official, shall be governed by the conditions outlined in KCC 1.04.050.

B. An extension of the deadline for compliance may be revoked by the building official pursuant to the conditions outlined in KCC 1.04.050.

(Ord. No. 3053, § 2(14.24.160), 7-7-92; Ord. No. 3880, § 4, 5-6-08)

14.08.180 Reserved.

Editor’s note – Ord. No. 3130, § 1, adopted Sept. 7, 1993, repealed former § 14.08.180 in its entirety, which pertained to appeals to the superior court.

14.08.200 Violations.

A. It shall be unlawful to intentionally fail to comply with a notice of violation, final order, emergency order, or stop work or stop use order issued pursuant to this chapter or Ch. 1.04 KCC.

B. It shall be unlawful to remove or deface any sign, notice, complaint or order posted by the building official in accordance with his enforcement duties under this chapter or Ch. 1.04 KCC.

C. It shall be unlawful for any person to intentionally obstruct, impede or interfere with any lawful attempt to serve notice of a violation or intentionally obstruct, impede or interfere with any lawful attempt to comply with any notice of violation, final order, emergency order, or stop work or stop use order.

D. It shall be unlawful for any person to fail to comply with an emergency order issued by the building official requiring that the building, dwelling unit, and/or premises be restored to a condition of safety by a specified time.

E. It shall be unlawful for any person to use or occupy, or to cause or permit any person to use or occupy the building, dwelling unit, and/or premises after the date provided in an emergency order requiring the building, dwelling unit, and/or premises to be vacated and closed, until the building official certifies that the conditions described in the emergency order have been corrected and the building, dwelling unit, and/or premises have been restored to a safe condition.

(Ord. No. 3053, § 2(14.24.200), 7-7-92; Ord. No. 3880, § 4, 5-6-08)

14.08.220 Reserved.

Editor’s note – Ord. No. 3130, § 1, adopted Sept. 7, 1993, repealed former § 14.08.220 in its entirety, which pertained to civil penalties.

14.08.240 Violation – Penalty.

A. Civil. Any violation of any provision of a building code enforced under this chapter constitutes a civil violation under Ch. 1.04 KCC for which a monetary penalty may be assessed and abatement may be required and/or otherwise enforced as provided therein.

B. Criminal. In addition or as an alternative to any other enforcement procedure or penalty in this chapter, a violation of any provision of this chapter or a code enforced by this chapter shall constitute a misdemeanor punishable by imprisonment in jail for a maximum term fixed by the court of not more than ninety (90) days, or by a fine in an amount fixed by the court of not more than one thousand dollars ($1,000), or by both such imprisonment and fine. All misdemeanor charges filed under this title shall be filed with the Kent municipal court and shall bear the signature of the Kent city attorney or his or her designee. When the city files a criminal offense pursuant to this subsection, it shall have the burden of proving, beyond a reasonable doubt, that the violation occurred.

C. Each day that anyone shall continue to violate or fail to comply with any of the foregoing provisions shall be considered a separate offense.

(Ord. No. 3053, § 2(14.24.240), 7-7-92; Ord. No. 3130, § 1, 9-7-93; Ord. No. 3178, § 1, 8-2-94; Ord. No. 3415, § 3, 8-4-98; Ord. No. 3690, § 16, 5-4-04; Ord. No. 3880, § 4, 5-6-08)

14.08.260 Additional relief.

The building official may seek legal or equitable relief to enjoin any acts and practices and abate any condition which constitutes or will constitute a violation of the building codes when civil or criminal penalties are inadequate to effect compliance. Nothing in this chapter shall be deemed to limit or preclude any other action or proceeding relating to the enforcement of the building codes.

(Ord. No. 3053, § 2(14.24.260), 7-7-92; Ord. No. 3178, § 1, 8-2-94; Ord. No. 3880, § 4, 5-6-08)