Subtitle 20.1. Administration of Unified Development Code

Chapter 20.10
ADMINISTRATION – GENERAL PROVISIONS

Sections:

20.10.010    Compliance.

20.10.020    Minimum requirements.

20.10.030    Conflicts.

20.10.040    Administrative authority.

20.10.050    Interpretations.

20.10.060    Compliance with other laws.

20.10.070    City liability.

20.10.080    Responsibility for compliance.

20.10.090    Severability.

20.10.010 Compliance.

No building or other structure shall be constructed, improved, altered, enlarged, or moved, nor shall any use or occupancy of premises within the city be commenced or changed, nor shall any condition of or upon real property be caused or maintained, except in conformity with the conditions prescribed within this title. (Ord. 900 § 4 (Att. A), 2013)

20.10.020 Minimum requirements.

The regulations set forth in this title shall constitute the minimum requirements necessary to promote the public health, safety, morals, and general welfare. (Ord. 900 § 4 (Att. A), 2013)

20.10.030 Conflicts.

The requirements of this title shall govern when this code imposes a greater restriction than is required by other ordinances, regulations, easements, covenants, or other agreements. In the case of internal conflicts within this code, the most restrictive provision shall prevail unless prescribed otherwise by law. (Ord. 900 § 4 (Att. A), 2013)

20.10.040 Administrative authority.

The director has authority to make and issue orders, rules, requirements, permits, interpretations, decisions, or determinations as necessary in the administration and enforcement of the regulations in this title, except where specified otherwise by law. (Ord. 900 § 4 (Att. A), 2013)

20.10.050 Interpretations.

A. The director is authorized to make written interpretations of these codes whenever necessary for clarification, or to resolve a conflict within these regulations, so as to provide consistent interpretation and application of this title. However, interpretations shall not be made for the purpose of superseding unambiguous regulations.

B. Code interpretations are a Type 1 decision subject to the review procedures set forth in Chapter 20.80 MMC.

C. Any person may submit a written request for a code interpretation, or the director may issue a code interpretation at the director’s own initiative.

D. A written request shall include the following:

1. Specify the regulation for which a code interpretation is requested, including reference to sections of the code subject to the interpretation;

2. A statement on why an interpretation is necessary;

3. Any reason or any materials that support making an interpretation; and

4. Payment of fees adopted pursuant to the fee schedule in Chapter 20.14 MMC.

E. Decision Criteria. Code interpretations shall be in writing and made based on an analysis of the following:

1. The defined or common meaning of the words of the regulation;

2. The general purpose of the regulation as expressed in the provision; and

3. The logical or likely meaning of the regulation viewed in relation to the comprehensive plan, if applicable.

F. Effect. A written interpretation shall be enforced as if it is part of this title.

G. A record of all written interpretations shall be maintained by the city and be available for public inspection during regular business hours. (Ord. 900 § 4 (Att. A), 2013)

20.10.060 Compliance with other laws.

Nothing in this title shall be construed to excuse compliance with other applicable federal, state, or local laws or regulations. (Ord. 900 § 4 (Att. A), 2013)

20.10.070 City liability.

Nothing in this title shall be construed to impose any duty upon the city or any of its officers or employees so as to subject them to liability for damages not otherwise imposed by law to protect individuals from personal injuries or property damage. (Ord. 900 § 4 (Att. A), 2013)

20.10.080 Responsibility for compliance.

A. Regardless of any review, approval, inspection or other action of the city or its agents, consultants or employees, it is the responsibility of developers, applicants, owners and occupiers of land within the city to ensure that all work, actions or conditions comply with the requirements of this title and all other applicable laws.

B. An applicant for a permit or any other approvals from the city is responsible for providing accurate and complete information that complies with the requirements of this title and all applicable laws and regulations. The city is not responsible for the accuracy of information or plans provided by an applicant. (Ord. 900 § 4 (Att. A), 2013)

20.10.090 Severability.

If any section, subsection, clause or phrase of this title or amendment thereto, or its application to any person or circumstance, is held by a court of competent jurisdiction to be invalid, the remainder or application to other persons or circumstances shall not be affected. (Ord. 900 § 4 (Att. A), 2013)