Chapter 1.05
CODE CONSTRUCTION

Sections:

1.05.010    How Code designated and cited.

1.05.020    Definitions.

1.05.030    Rules of construction.

1.05.040    References to titles or sections.

1.05.050    History notes.

1.05.060    References and editor’s notes.

1.05.070    Code does not affect prior offenses, rights, etc.

1.05.080    Effect of repeals.

1.05.090    Certain ordinances not affected by Code.

1.05.100    Effect of amendments to Code.

1.05.110    Supplementation of Code.

1.05.120    Severability of parts of Code.

1.05.010 How Code designated and cited.

The ordinances embraced in the following chapters and sections shall constitute and be designated the Federal Way Revised Code, and may be so cited. The Code as it existed prior to 2008 was known as the Federal Way City Code and a reference to either, or a section of either, shall be deemed a reference to the other or the corresponding section of the other.

(Ord. No. 09-597, § 1, 1-6-09. Code 2001 § 1-1.)

State law reference: Codification and revision of ordinances, RCW 35.21.500 et seq.; adoption of codes by reference, one copy on file in city clerk’s office pursuant to RCW 35A.12.140, 35A.13.180.

1.05.020 Definitions.

The definitions in this section apply throughout the Code unless the context clearly requires otherwise or they are more specifically defined in a title, chapter, subchapter, or section. Terms not defined shall be given their usual meaning.

“Abate” means to repair, replace, remove, destroy, or otherwise remedy a condition which constitutes a violation of this Code by such means and in such a manner and to such an extent as the applicable department director, enforcement officer, or other authorized official determines is necessary in the interest of the general health, safety, and welfare of the community.

“Act” means doing or performing something.

“Applicant” means a person who, whether personally or through an agent, seeks, requests, submits, or applies for any permit, approval, license, franchise, development proposal, or capacity reserve certificate (CRC); and also a person who is the owner of a property in the city of Federal Way who is engaged, whether personally or through an agent, in development. “Applicant” includes both the principal and any agent.

“City” means the city of Federal Way, Washington, and shall extend to and include its officers, agents, and employees.

“City council” or “council” means the city council of the city of Federal Way, Washington, acting in its official capacity.

“Civil violation” means a violation for which a monetary penalty may be imposed, except traffic infractions.

“Code” means the Federal Way Revised Code (FWRC), and includes any valid ordinances adopted by the city even though they have not been codified.

“Costs” means, but is not limited to, contract expense and city employee labor expense incurred in abating a nuisance; a rental fee for city equipment used in abatement; costs of storage, disposal, or destruction; legal expenses and attorneys’ fees associated with civil judicial enforcement of abatement orders or in seeking abatement orders; and any other costs incurred by the city excluding, however, fees and expenses associated with appeals authorized by this Code or by state law.

“County” means King County, Washington.

“Curb” means a cement, concrete, or asphaltic concrete raised structure designed to delineate the edge of the street and to separate the vehicular portion from that provided for pedestrians.

“Development” means any human activity consisting of any construction, expansion, reduction, demolition, or exterior alteration of a building or structure; any use, or change in use, of a building or structure; any human-caused change to land whether at, above, or below ground or water level; and any use, or change in use, of land whether at, above, or below ground or water level. “Development” includes, but is not limited to, any activity that requires a permit or approval under zoning ordinances, subdivision ordinances, building code ordinances, critical areas ordinances, all portions of a shoreline master program, surface water ordinances, planned unit development ordinances, binding site plan ordinances, and development agreements; including but not limited to any activity that requires a building permit, grading permit, shoreline substantial development permit, conditional use permit, special use permit, zoning variance or reclassification, subdivision, short subdivision, urban planned development, binding site plan, site development, or right-of-way use permit. “Development” also includes, but is not limited to, filling, grading, paving, dredging, excavation, mining, drilling, bulkheading, driving of piling, placing of obstructions to any right of public use, and the storage of equipment or materials.

“Development regulation” means controls placed on development or land uses, but does not include decisions to approve a project permit application even though they may be expressed in a resolution or ordinance.

“Emergency” means a situation which in the opinion of the applicable department director or decision maker requires immediate action to prevent or eliminate an immediate threat to the health, welfare, or safety of persons, property, or the environment.

“Enforcement official” or “enforcement officer” means any official designated by ordinance or by the mayor to enforce the provisions of the Code or a section or sections of the Code and includes the city building official, city code enforcement officers, and law enforcement officers.

“Highway” includes any street, alley, square, bridge, viaduct, tunnel, underpass, overpass, causeway, or public place in the city dedicated or devoted to public use.

“Knowledge” means being aware of a fact or circumstance or having information which would lead a reasonable person in the same situation to believe a fact or circumstance exists. A person acts knowingly or with knowledge when that person either is aware of one or more facts, circumstances, or results described by an ordinance defining an offense; or the person has information which would lead a reasonable person in the same situation to believe that facts, circumstances, or results exist which are described by an ordinance defining an offense.

“Month” means a calendar month.

“Oath” includes an affirmation where, by law, an affirmation may be substituted for an oath, and in such cases the words “swear” and “sworn” shall be equivalent to the words “affirm” and “affirmed.”

“Occupant” means any person occupying or having possession of property or any portion thereof.

“Omission” means a failure to act.

“Owner” as applied to a building or land includes any part owner, joint owner, tenant in common, tenant in partnership, joint tenant, or tenant by the entirety of the whole or of a part of such building or land.

“Person” means one or more individuals, firms, partnerships, corporations, sole proprietorships, trusts, incorporated or unincorporated associations, clubs, societies, marital communities, joint ventures, governmental entities, agencies, or other entities or groups of persons, however organized.

“Personal property” includes every species of property except real property.

“Property” includes real, personal, and mixed property.

“Proprietor” includes any person whether acting by themselves or through a servant, agent, or employee.

“Public place” means any place that is in common use by, or expressly or impliedly open to, the public, whether owned or operated by public or private interests, and includes but is not limited to any street, right-of-way, parking area, sidewalk, plaza, playground, school ground, park, cemetery, lake, stream, public conveyance, or business establishment open to the public.

“RCW” means the Revised Code of Washington.

“Real property” includes lands, tenements, and hereditaments.

“Right-of-way” means land owned, dedicated or conveyed to the public or a unit of government, used primarily for the movement of vehicles or pedestrians and providing for access to adjacent parcels, with the secondary purpose of providing space for utility lines and appurtenances and other devices and facilities benefiting the public. “Right-of-way” includes, but is not limited to, any street, easement, sidewalk, or portion thereof under the jurisdiction of the city.

“Sidewalk” means any hard-surfaced walkways within a right-of-way between the portion of the road designed or ordinarily used for vehicular travel and the adjacent property line, intended for the use of, or ordinarily used by, pedestrians or bicycles, including driveways.

“Signature” or “subscription” means the act of writing or affixing in any way a person’s name or mark, whether personally or by direction or adoption, or the result of such act.

“State” means the state of Washington.

“Street” means any streets, avenues, boulevards, roads, alleys, lanes, viaducts, and all other public ways in the city.

“Tenant” or “occupant” as applied to a building or land includes any person holding a written or oral lease of, or who occupies the whole or part of, such building or land, either alone or with others.

“Violation” means an act or omission contrary to a provision or regulation of the Code, including but not limited to any development regulations; all standards, regulations, or procedures adopted pursuant to the Code; and the terms and conditions of any permit or approval issued pursuant to the Code; and includes any act or omission at the same or different locations by the same person.

“Written” or “in writing” includes any representation of words, letters, or figures, whether by printing or otherwise.

(Ord. No. 10-669, § 1, 9-21-10; Ord. No. 09-597, § 2, 1-6-09. Code 2001 § 1-2.)

1.05.030 Rules of construction.

In the construction of the Code, the following rules shall be followed, unless such construction would be inconsistent with the manifest intent of the city council, including as evidenced through a more specific provision in the Code, or where the context clearly indicates a different construction:

(1) Boards, committees, commissions, officers, hearing examiners, employees, departments, etc. Whenever reference is made to a board, committee, commission, officer, hearing examiner, employee or department, etc., it means the same as if it were followed by the words “of the city of Federal Way, Washington.”

(2) Captions. Captions, catchlines, and headings used in the Code are not any part of the law, unless expressly so provided.

(3) Citations. Citations to titles, chapters, sections, or subsections shall be presumed to be those of the FWRC unless the context indicates the citation is intended to refer to the FWCC, RCW, or other document.

(4) Computation of time. In computing any period of time prescribed or allowed by this Code, the day of the act, event or default from which the designated period of time begins to run shall not be included. The last day of the period so computed shall be included unless it is a Saturday, Sunday, or legal holiday, in which event the period shall run until the end of the next day which is neither a Saturday, Sunday, nor legal holiday. When the period of time prescribed or allowed is less than seven days, intermediate Saturdays, Sundays, and legal holidays shall be excluded in the computation.

(5) Delegation. Whenever a provision appears requiring the head of a department or some other city officer or employee to do some act or perform some duty, it shall be construed to authorize the person to designate, delegate, and authorize subordinates to perform the required act or perform the duty unless the terms of the provision or section specify otherwise and except for signing checks, execution of contracts, and other duties regarding finance.

(6) Gender. A word using or implying either the masculine or feminine gender extends and applies to both the masculine and feminine genders, and to all persons.

(7) Liberal construction. The provisions of this Code shall be liberally construed and shall not be limited by any rule of strict construction.

(8) May. The word “may” is discretionary.

(9) Number. A word importing the singular may extend and be applied to the plural and vice versa.

(10) Prohibitions and permitting. Words prohibiting anything being done, except in accordance with a license or permit or authority from a board or officer, shall be construed as giving such board or officer power to license or permit or authorize such thing to be done.

(11) Reference to, or adoption of, a statute, code, or ordinance includes and incorporates the statute, code, or ordinance as it exists or is enacted at the time of the reference or adoption, as well any future changes, amendments, recodifications, additions, or deletions in that statute, code, or ordinance that may thereafter occur unless a contrary intent is clearly expressed, and such statute, code, or ordinance shall be given the same force and effect as if set forth in full. Whenever the word “state” shall appear in any statute adopted by reference in this chapter, the word “city” shall be substituted; provided, however, the term “city” shall not be substituted for the term “state” in those circumstances that set forth administrative or licensing duties of the state and its subdivisions. Whenever a state statute specifically adopted in this chapter refers to another state statute not specifically adopted in this chapter, the statute referred to shall be given the force and effect necessary to enforce the statute specifically adopted in this chapter. Statutes and codes adopted by reference by this Code shall be harmonized with other provisions of this Code to the extent practicable, but if they are in direct conflict with other provisions of this Code that are explicitly articulated, the articulated provisions control.

(12) Registered mail. Whenever the use of registered mail is authorized by this code, certified mail, with return receipt requested, may be used.

(13) Shall. The word “shall” is mandatory.

(14) Tense. Words used in the past or present tense include the future as well as the past and present.

(Ord. No. 09-597, § 3, 1-6-09. Code 2001 § 1-3.)

State law reference: Computation of time, RCW 35A.21.080.

1.05.040 References to titles or sections.

All references to titles or sections are to the titles and sections of this Code unless otherwise specified.

(Code 2001 § 1-4.)

1.05.050 History notes.

The history notes appearing in parentheses after sections of this Code are not intended to have any legal effect, but are merely intended to indicate the source of matter contained in the section.

(Code 2001 § 1-5.)

1.05.060 References and editor’s notes.

References and editor’s notes following certain sections are inserted as an aid and guide to the reader and are not controlling nor meant to have any legal effect.

(Code 2001 § 1-6.)

1.05.070 Code does not affect prior offenses, rights, etc.

Nothing in this Code or the ordinances adopting this Code shall affect any offense or act committed or done, or any penalty or forfeiture incurred, or any contract or right established or accruing before the effective date of this Code.

(Code 2001 § 1-7.)

1.05.080 Effect of repeals.

The repeal of an ordinance or portion of this Code shall not revive any ordinance or portion of this Code in force before or at the time the provision repealed took effect. The repeal of an ordinance or a portion of this Code shall not affect any punishment or penalty incurred before the repeal took effect, nor any suit, prosecution or proceeding pending at the time of the repeal, for an offense committed under the provision repealed.

(Code 2001 § 1-8.)

1.05.090 Certain ordinances not affected by Code.

Nothing in this Code or the ordinance adopting this Code shall be construed to repeal or otherwise affect the validity of any of the following when not inconsistent with this Code:

(1) Any offense or act committed or done or any penalty or forfeiture incurred before the effective date of this Code;

(2) Any ordinance or resolution promising or guaranteeing the payment of money for the city, or authorizing the issue of any bonds of the city, or any evidence of the city’s indebtedness, or any contract, right, agreement, lease, deed or other instrument or obligation assumed by the city;

(3) Any administrative ordinances or resolutions of the city not in conflict or inconsistent with the provisions of this Code;

(4) Any right or franchise granted by any ordinance;

(5) Any ordinance or resolution dedicating, naming, establishing, locating, relocating, opening, paving, widening, repairing, vacating, etc., any street or public way in the city;

(6) Any appropriation ordinance;

(7) Any ordinance levying or imposing taxes or fees;

(8) Any ordinances prescribing through streets, parking and traffic regulations, speed limits, one-way traffic, limitations on load of vehicles or loading zones;

(9) Any land use, zoning or rezoning ordinance or amendment to the zoning map;

(10) Any ordinance establishing and prescribing the street grades of any street in the city;

(11) Any ordinance providing for local improvements and assessing taxes therefor;

(12) Any ordinance dedicating or accepting any plat or subdivision in the city;

(13) Any ordinance annexing territory or excluding territory or any ordinance extending the boundaries of the city;

(14) Any ordinance establishing offices, officers, personnel positions, classifying positions, setting salaries of city officers and employees or any personnel regulations, policies or benefit programs;

(15) Any temporary or special ordinances.

All such ordinances are hereby recognized as continuing in full force and effect to the same extent as if set out at length herein and are on file in the city clerk’s office.

(Code 2001 § 1-9.)

Cross references: Officials, officers and employees, FWRC Title 2, Division I; finance, FWRC Title 3, Division II; streets and sidewalks, FWRC Title 4, Division II; traffic and vehicles, FWRC Title 8; zoning, FWRC Title 19.

1.05.100 Effect of amendments to Code.

(1) Any and all additions and amendments to this Code, when passed in such form as to indicate the intention of the city council to make the same a part hereof, shall be deemed to be incorporated in this Code so that reference to the Code shall be understood and intended to include such additions and amendments.

(2) All ordinances passed subsequent to this Code which amend, repeal or in any way affect this Code may be numbered in accordance with the numbering system of this Code and printed for inclusion therein. When subsequent ordinances repeal any title, chapter, article, section or subsection or any portion thereof, such repealed portions may be excluded from the Code by omission from reprinted pages.

(3) Amendments to any of the provisions of this Code may be made by amending such provisions by specific reference to the section number of this Code in substantially the following language: “That section ________ of the Federal Way Revised Code is hereby amended to read as follows: . . . .” The new provisions shall then be set out in full as desired.

(4) If a new section not heretofore existing in the Code is to be added, the following language may be used: “That the Federal Way Revised Code is hereby amended by adding a section to be numbered ________, which section reads as follows: . . . .” The new section may then be set out in full as desired.

(5) All sections, divisions, chapters, titles, or provisions desired to be repealed must be specifically repealed by section, article, chapter or title number, as the case may be.

(Code 2001 § 1-10.)

1.05.110 Supplementation of Code.

(1) By contract or by city personnel, supplements to this Code shall be prepared and printed whenever authorized or directed by the city council. A supplement to the Code shall include all substantive permanent and general parts of ordinances passed by the city council or adopted by initiative and referendum during the period covered by the supplement and all changes made thereby in the Code during the period. The pages of a supplement shall be so numbered that they will fit properly into the Code and will, where necessary, replace pages which have become obsolete or partially obsolete, and the new pages shall be so prepared that, when they have been inserted, the Code will be current through the date of the adoption of the latest ordinance included in the supplement.

(2) In preparing a supplement to this Code, all portions of the Code which have been repealed shall be excluded from the Code by the omission thereof from reprinted pages.

(3) When preparing a supplement to this Code, the codifier, meaning the person, agency or organization authorized to prepare the supplement, may make formal, nonsubstantive changes in ordinances and parts of ordinances included in the supplement, insofar as it is necessary to do so to embody them into a unified code. For example, the codifier may:

(a) Organize the ordinance material into appropriate subdivisions;

(b) Provide appropriate catchlines, headings and titles for sections and other subdivisions of the Code printed in the supplement, and make changes in catchlines, headings and titles;

(c) Assign appropriate numbers to sections and other subdivisions to be inserted in the Code and, where necessary to accommodate new material, change existing section or other subdivision numbers;

(d) Change the words “this ordinance” or words of the same meaning to “this title,” “this chapter,” “this article,” etc., as the case may be, or to “sections ________ through ________.” The inserted section numbers will indicate the sections of the Code which embody the substantive sections of the ordinance incorporated into the Code; and

(e) Make other nonsubstantive changes necessary to preserve the original meaning of ordinance sections inserted into the Code; but in no case shall the codifier make any change in the meaning or effect of ordinance material included in the supplement or already embodied in the Code.

(Code 2001 § 1-11.)

State law reference: Authority to codify ordinances, RCW 35A.21.130, 35.21.500 – 35.21.570.

1.05.120 Severability of parts of Code.

It is hereby declared to be the intention of the city council that the sections, paragraphs, sentences, clauses and phrases of this Code are severable, and if any phrase, clause, sentence, paragraph or section of this Code shall be declared unconstitutional, invalid or unenforceable, such unconstitutionality, invalidity or unenforceability shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this Code.

(Code 2001 § 1-12.)