Chapter 15.05
BUILDING CODE

Sections:

15.05.010    Purpose.

15.05.020    Definitions.

15.05.030    Referenced codes.

15.05.040    International Building Code.

15.05.050    Amendments – Additions to IBC.

15.05.060    International Residential Code.

15.05.070    Amendments – Additions to IRC.

15.05.080    International Mechanical Code.

15.05.090    Uniform Plumbing Code.

15.05.100    International Performance Code for Buildings and Facilities.

15.05.110    International Green Construction Code.

15.05.120    International Fuel Gas Code.

15.05.130    National Electrical Code.

15.05.140    Amendments – Additions to National Electrical Code.

15.05.150    Nonliability.

15.05.155    International Existing Building Code.

15.05.160    International Energy Conservation Code.

15.05.170    Accessibility standards.

15.05.180    Uniform Code for the Abatement of Dangerous Buildings.

15.05.190    International Property Maintenance Code.

15.05.200    Conflicts – How resolved.

15.05.210    Permits required.

15.05.220    Permit fees.

15.05.230    Professional preparation of plans.

15.05.240    Publications and standards adopted.

15.05.250    Reserved.

15.05.260    Protection of natural watercourses.

15.05.270    Regulation of removal of trees.

15.05.280    Development within flood hazard areas.

15.05.290    Performance guarantees and warranties.

15.05.300    Public right-of-way – Private encroachment.

15.05.310    Public/site improvements – Relation to building permit.

15.05.320    Nonconforming structures.

15.05.330    Underground utility services.

15.05.340    Sanitary convenience.

15.05.350    Authority.

15.05.360    Appeal from decision of authority.

15.05.370    Violations.

15.05.010 Purpose.

The City of Mountlake Terrace finds that building codes protect lives, property, and the public interest. The purpose of this chapter is to identify references, standards and procedures that will enable building codes to be implemented within the City. (Ord. 2453 § 1, 2007).

15.05.020 Definitions.

For the purposes of this chapter, certain abbreviations, terms, phrases, words and their derivatives shall be construed as specified in the codes referenced in MTMC 15.05.030, except as follows:

“Board of Appeals” shall mean the City Hearing Examiner.

“City” or “the City” shall mean the City of Mountlake Terrace.

“City Engineer” shall mean the Engineering Services Director for the City of Mountlake Terrace or the designee of said director.

“City Manager” shall mean the City Manager of the City of Mountlake Terrace or the designee of said manager.

“Community Development Director” shall mean the Community and Economic Development Director for the City of Mountlake Terrace or the designee of said director.

“MTMC” shall mean the municipal code of Mountlake Terrace.

“NFIP” shall mean the National Flood Insurance Program.

“RCW” shall mean the Revised Code of Washington.

“WAC” shall mean the Washington Administrative Code.

“Zoning” shall mean the general development code of MTMC Title 19. (Ord. 2621 § 2, 2013; Ord. 2453 § 1, 2007).

15.05.030 Referenced codes.

The following codes are referenced for the purpose of establishing rules and regulations for the construction, alteration, removal, demolition, equipment, use, occupancy, location and maintenance of buildings and structures:

A. International Building Code, 2015 Edition, published by the International Code Council, with state of Washington amendments;

B. International Residential Code, 2015 Edition, published by the International Code Council, with state of Washington amendments;

C. International Mechanical Code, 2015 Edition, published by the International Code Council, with state of Washington amendments;

D. International Fire Code, 2015 Edition, published by the International Code Council, with state of Washington amendments, as adopted in Chapter 15.10 MTMC;

E. Uniform Plumbing Code, 2015 Edition, with state of Washington amendments, and Uniform Plumbing Code Standards, published by the International Association of Plumbing and Mechanical Officials;

F. International Performance Code for Buildings and Facilities, 2015 Edition, published by the International Code Council;

G. International Green Construction Code, 2015 Edition, published by the International Code Council;

H. International Fuel Gas Code, 2015 Edition, published by the International Code Council, with state of Washington amendments;

I. National Electrical Code, 2014 Edition, published by the National Fire Protection Association; and the Washington Cities Electrical Code, 2014 Edition, published by Washington Association of Building Officials;

J. International Energy Conservation Code, 2015 Edition, published by the International Code Council;

K. International Existing Building Code, 2015 Edition, published by the International Code Council;

L. Washington State accessibility provisions for physically disabled or elderly persons as provided in RCW 70.92.100 through 70.92.160;

M. Uniform Code for Abatement of Dangerous Buildings, 1997 Edition, published by the International Conference of Building Officials; and

N. International Property Maintenance Code, 2015 Edition, published by the International Code Council. (Ord. 2707 § 1, 2017; Ord. 2672 § 1, 2015; Ord. 2621 § 3, 2013; Ord. 2543 § 1, 2010; Ord. 2453 § 1, 2007).

15.05.040 International Building Code.

There is adopted and by this reference made a part of this chapter as though fully set forth herein, at length, that code known as the International Building Code (IBC), 2015 Edition, as published by the International Code Council and amended by Chapter 51-50 WAC, and specifically including Appendices F (Rodent Proofing), G (Flood-Resistant Construction), H (Signs), and J (Grading); provided, that certain sections of the IBC are amended as set forth in MTMC 15.05.050. (Ord. 2707 § 2, 2017; Ord. 2621 § 4, 2013; Ord. 2543 § 2, 2010; Ord. 2453 § 1, 2007).

15.05.050 Amendments – Additions to IBC.

The following sections of the IBC as adopted in MTMC 15.05.040 shall be amended or replaced to read as follows:

A. Section [A]101.4.7.

[A]101.4.7. Existing buildings or structures. Additions or alterations to any building or structure shall comply with the requirements of the International Existing Building Code (IEBC) code for new construction. Additions or alterations shall not be made to an existing building or structure that will cause the existing building or structure to be in violation of any provisions of this code. An existing building plus additions shall comply with the height and area provisions of IBC Chapter 5. Portions of the structure not altered and not affected by the alteration are not required to comply with the code requirements for a new structure.

Exceptions: Buildings or structures to which, in any five-year period, additions, alterations, improvements, and repairs exceed 50 percent of the assessed building value, as determined at the beginning of the five-year period, shall comply with all the requirements for new buildings.

B. Section 105.2.

105.2 Work exempt from permit. Exemptions from permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of the City of Mountlake Terrace. Permits shall not be required for the following:

1. Buildings: One-story detached accessory structures used as tool and storage sheds, playhouses and similar uses, provided the floor area does not exceed 80 square feet and no side wall exceeds 6 feet in height.

C. Section 503.1.4.

503.1.4. Maximum Square Footage without Sprinklers. All buildings constructed for all Occupancies, except U and buildings constructed under the IRC, which contain more than the square footage on one or more stories in excess of that listed in the following table shall be sprinklered.

 

I-A

I-B

III-A or IV H.T.

III-B

II-A

II-B

V-A

V-B

50,000

40,000

18,000

12,000

18,000

12,000

12,000

4,000

The following exceptions shall apply:

1. Nurseries and horticulture structures which are not accessible to the public.

2. Recreational facilities such as swimming pools, tennis courts and handball courts which are used for no other purpose shall not be required to have sprinklers over the pool apron and/or court areas. However, any assembly area shall be sprinklered.

D. Section 508.1.

508.1 General. Where a building or portion thereof contains two or more occupancies or uses, the building or portion thereof shall comply with the applicable provisions of Section 508. Notwithstanding, any mixed use building constructed under the IBC and which contains an R occupancy shall be sprinkler protected throughout, per IBC 903.3.1.1.

Exception: Mixed use buildings with predominantly R occupancy areas may be protected with residential sprinkler systems when design fire flows can be shown and all other building code requirements are met as approved by the Fire Marshall and Building Official.

E. Section 602.1.

602.1 General. Buildings and structures erected or to be erected, altered, or extended in height or area shall be classified in one of the five construction types defined in Sections 602.2 through 602.5. The building elements shall have a fire-resistance rating not less than that specified in Table 601 and exterior walls shall have a fire-resistance rating not less than that specified in Table 602. All occupancies, except U occupancies and buildings constructed under the IRC, shall be Type I-A, II-A, III-A, Type IV, Type V-A or V-B and II-B and III-B fully sprinklered buildings.

F. Section 602.1.1.

602.1.1 Minimum requirements. A building or portion thereof shall not be required to conform to the details of a type of construction higher than that type, which meets the minimum requirements based on occupancy even though certain features of such a building actually conform to a higher type of construction. Any structural steel in any unsprinklered buildings except type II-B buildings shall be one-hour protected.

G. Section 705.3.

705.3 Buildings on the same lot. For the purposes of determining the required wall and opening protection and roof-covering requirements, buildings on the same lot shall be assumed to have an imaginary line between them. Where a new building is to be erected on the same lot as an existing building, the location of the assumed imaginary line with relation to the existing building shall be such that the exterior wall and opening protection of the existing building meet the criteria as set forth in Sections 705.5 and 705.8.

Exception: Two or more buildings on the same lot shall either be regulated as separate buildings or shall be considered as portions of one building if the aggregate area of such buildings is within the limits specified in Chapter 5 for a single building. Where the buildings contain different occupancy groups or are of different types of construction, the area shall be that allowed for the most restrictive occupancy or construction.

H. Section 705.5.

705.5 Fire-resistance ratings. Exterior walls shall be fire-resistance rated in accordance with Tables 601 and 602. The fire-resistance rating of exterior walls with a fire separation distance of greater than 5 feet (1,524 mm) shall be rated for exposure to fire from the inside. The fire-resistance rating of exterior walls with a fire separation distance of 5 feet (1,524 mm) or less and subject to the IBC shall be of two-hour construction.

I. Section 901.2.

901.2 Fire protection systems. Fire protection systems shall be installed, repaired, operated and maintained in accordance with this code and the International Fire Code. Any existing building which is vacant for a period of 90 days or longer, or any existing structure which has a change in occupancy classification, shall have an automatic fire detection system installed prior to occupancy where otherwise required by this code. Any fire protection system for which an exception or reduction to the provisions of this code has been granted shall be considered to be a required system. Exception: Any fire protection system or portion thereof not required by this code shall be permitted to be installed within prescriptive standards for partial or complete protection provided that such system meets the requirements of this code.

J. Table 601 footnote “g.”

g. All new buildings, except U occupancies and buildings constructed under the International Residential Code, shall have one-hour exterior walls, except in Type V-B, II-B and III-B sprinklered buildings.

(Ord. 2707 § 3, 2017; Ord. 2621 § 5, 2013; Ord. 2543 § 3, 2010; Ord. 2453 § 1, 2007).

15.05.060 International Residential Code.

There is adopted and by this reference made a part of this chapter as though fully set forth herein, at length, that code known as the International Residential Code (IRC), 2015 Edition, as published by the International Code Council and amended by Chapter 51-51 WAC, and specifically including Appendices G (Swimming Pools), J (Existing Buildings and Structures), R (Dwelling Unit Fire Sprinkler Systems), and S (Fire Sprinklers); provided, that certain sections of the IRC are amended as set forth in MTMC 15.05.070. (Ord. 2707 § 4, 2017; Ord. 2621 § 6, 2013; Ord. 2543 § 4, 2010; Ord. 2453 § 1, 2007).

15.05.070 Amendments – Additions to IRC.

A. The following section of the IRC, as adopted in MTMC 15.05.060, is amended to include the insertion of Table R301.2(1) for climatic and geographic design criteria, as follows:

Climatic and Geographic Design Criteria for Mountlake Terrace

Ground Snow Load

Wind Speed (Mph)

Seismic Design Category

Subject To Damage From

Winter Design Temperature

Ice Shield Underlayment Required

Flood Hazards

Weathering

Frost Line Depth

Termite

Decay

25 lbs./sq. foot

85

D2

Moderate

18"

Slight

Moderate

27° F

No

Current version of flood hazard map

B. R105.2, Work Exempt from Permit, shall be amended to delete item number 2 regarding fences and to delete item number 5 regarding sidewalks and driveways and replace it with a new number 5 to read as follows:

5. Sidewalks and driveways, except for required civil permits.

C. Residential buildings or structures outside of the community business downtown (BC/D) zoning district, per the City’s Zoning Map, to which, in any three-year period, additions, alterations, or repairs exceed 50 percent of the assessed building value, as determined at the beginning of the three-year period, shall comply with all safety requirements of the IRC for new buildings. Residential buildings or structures within the BC/D Zoning District, per the City’s Zoning Map, to which, in any five-year period, additions, improvements, alterations or repairs exceed 50 percent of the assessed value, as determined at the beginning of the five-year period, shall comply with all safety requirements of the IRC for new buildings.

D. The following section of the IRC, as adopted in MTMC 15.05.060, is amended to include, effective January 1, 2011, the insertion of Appendices R and S, as adopted in WAC 51-51-60105 and 51-51-60107, for residential fire sprinkler systems; provided, that Appendix S shall apply only to one- family dwellings that are 4,000 square feet or greater in size. (Ord. 2707 § 5, 2017; Ord. 2621 § 7, 2013; Ord. 2543 § 5, 2010; Ord. 2453 § 1, 2007).

15.05.080 International Mechanical Code.

There is adopted and by this reference made a part of this chapter as though fully set forth herein, at length, that code known as the International Mechanical Code (IMC), 2015 Edition, as published by the International Code Council, with any amendments established by Chapter 51-52 WAC. (Ord. 2707 § 6, 2017; Ord. 2621 § 8, 2013; Ord. 2543 § 6, 2010; Ord. 2453 § 1, 2007).

15.05.090 Uniform Plumbing Code.

There is adopted and by this reference made a part of this chapter as though fully set forth herein, at length, that code known as the Uniform Plumbing Code (UPC), 2015 Edition, as published by the International Association of Plumbing and Mechanical Officials, except as otherwise provided in RCW 19.27.170 and Chapters 51-56 and 51-57 WAC, including that provisions affecting sewers or fuel gas piping are not adopted. (Ord. 2707 § 7, 2017; Ord. 2621 § 9, 2013; Ord. 2543 § 7, 2010; Ord. 2453 § 1, 2007).

15.05.100 International Performance Code for Buildings and Facilities.

There is adopted and by this reference made a part of this chapter as though fully set forth herein, at length, that code known as the International Performance Code for Buildings and Facilities, 2015 Edition, published by the International Code Council. (Ord. 2707 § 8, 2017; Ord. 2621 § 10, 2013; Ord. 2543 § 8, 2010; Ord. 2453 § 1, 2007).

15.05.110 International Green Construction Code.*

Reserved. (Ord. 2621 § 11, 2013; Ord. 2453 § 1, 2007).

*Code reviser’s note: Ordinance 2621 removed provisions adopting the Uniform Housing Code and reserved this section for provisions concerning the International Green Construction Code.

15.05.120 International Fuel Gas Code.

There is adopted and by this reference made a part of this chapter as though fully set forth herein, at length, that code known as the International Fuel Gas Code, 2015 Edition, as published by the International Code Council and amended by RCW 19.27.170 and Chapter 51-57 WAC. (Ord. 2707 § 9, 2017; Ord. 2621 § 12, 2013; Ord. 2543 § 9, 2010; Ord. 2453 § 1, 2007).

15.05.130 National Electrical Code.

There is adopted and by this reference made a part of this chapter as though fully set forth herein, at length, that code known as the 2014 National Electrical Code (NEC), published by the National Fire Protection Association. The State of Washington Department of Labor and Industries, Electrical Inspection Section, Rules and Regulations for Installing Electric Wiring and Equipment, and the Washington Cities Electrical Code, 2014 Edition, are hereby adopted as part of the electrical code of the City of Mountlake Terrace; provided, that certain sections of the NEC are amended as set forth in MTMC 15.05.140. (Ord. 2672 § 2, 2015; Ord. 2621 § 13, 2013; Ord. 2543 § 10, 2010; Ord. 2453 § 1, 2007).

15.05.140 Amendments – Additions to National Electrical Code.

A. Smoke alarms in existing dwellings shall be provided as required under R314.1 of the 2012 International Residential Code.

B. At each new or upgraded service, provisions for a spare circuit must be located in the attic or crawl space, if such space exists.

C. Installation of electric vehicle charging infrastructure, as required in Chapter 19.126 MTMC, shall be consistent with the NEC. (Ord. 2672 § 3, 2015; Ord. 2621 § 14, 2013; Ord. 2543 § 11, 2010; Ord. 2453 § 1, 2007).

15.05.150 Nonliability.

This chapter shall not be construed to relieve or lessen the responsibility of any person owning, operating or installing any electrical equipment for damages to anyone injured by a defect of the equipment, nor shall the City or its agent be held as assuming any such liability by reason of the inspection under this code or the certificate of inspection issued by the Building Department. (Ord. 2453 § 1, 2007).

15.05.155 International Existing Building Code.

There is adopted and by this reference made a part of this chapter as though fully set forth herein, at length, that code known as the International Existing Building Code (IEBC), 2015 Edition, as published by the International Code Council, with any amendments established by Chapter 51-50 WAC. (Ord. 2707 § 10, 2017; Ord. 2621 § 15, 2013; Ord. 2543 § 12, 2010).

15.05.160 International Energy Conservation Code.

There is adopted and by this reference made a part of this chapter as though fully set forth herein, at length, that code known as the International Energy Conservation Code, 2015 Edition, with any amendments established by Chapters 51-11C and 51-11R WAC, as now exist or shall be amended. (Ord. 2707 § 11, 2017; Ord. 2621 § 16, 2013; Ord. 2543 § 13, 2010; Ord. 2453 § 1, 2007).

15.05.170 Accessibility standards.

The rules adopted by the Washington State Building Code Council for making buildings and facilities accessible to and usable by physically disabled or elderly persons as provided in RCW 70.92.100 through 70.92.160 are hereby adopted by reference without amendments, additions, or deletions except as may hereinafter be provided. (Ord. 2453 § 1, 2007).

15.05.180 Uniform Code for the Abatement of Dangerous Buildings.

There is adopted and by this reference made a part of this chapter as though fully set forth herein, at length, that code known as the 1997 Uniform Code for the Abatement of Dangerous Buildings, as published by the International Conference of Building Officials; provided, that certain amendments are made as follows:

A. To “Section 302 Dangerous Buildings,” an addition is made to the definition of a dangerous building as follows:

1. Blighted Property.

Whenever any property, dwelling, building, or structure has been determined to constitute a blight on the surrounding neighborhood. A “blight on the surrounding neighborhood” is any property, dwelling, building, or structure that meets any two of the following factors:

a. A dwelling, building, or structure exists on the property, the dwelling, building, or structure that has not been lawfully occupied for a period of one year or more;

b. The property, dwelling, building, or structure constitutes a threat to the public health, safety, or welfare as determined by the executive authority of the city or the designee of the executive authority; or

c. The property, dwelling, building, or structure is or has been associated with illegal drug activity during the previous twelve months, as determined by the chief of police or the health department.

In conformance with RCW 35.80A.010, the City of Mountlake Terrace may acquire by condemnation, in accordance with the notice requirements and other procedures for condemnation provided in RCW Title 8, any property, dwelling, building, or structure that has been determined to constitute a blight on the surrounding neighborhood. Prior to such condemnation, the City Council shall adopt a resolution declaring that the acquisition of the real property described therein is necessary to eliminate neighborhood blight. Condemnation of property, dwellings, buildings, and structures for the purposes described in this chapter is declared to be for a public use. (Ord. 2453 § 1, 2007).

15.05.190 International Property Maintenance Code.

There is adopted and by this reference made a part of this chapter as though fully set forth herein, at length, that code known as the International Property Maintenance Code (IPMC), 2015 Edition, as published by the International Code Council. (Ord. 2707 § 12, 2017; Ord. 2621 § 17, 2013; Ord. 2453 § 1, 2007).

15.05.200 Conflicts – How resolved.

A. In case of conflict between codes enumerated in MTMC 15.05.030(A), (B), (C) and (D), the first named code shall govern over those following.

B. In case of conflict between the aforementioned codes and other codes adopted in this chapter, the code that, in the opinion of the Building Official, is more restrictive or more protective of public safety shall prevail.

C. In case of conflict between the codes referenced in this chapter and other development codes adopted by the City, the code that, in the opinion of the Community Development Director, is more restrictive or more protective of public safety shall prevail. (Ord. 2453 § 1, 2007).

15.05.210 Permits required.

No person, firm, or corporation shall construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or erect, install, enlarge, alter, repair, convert, or replace any electrical, gas, mechanical or plumbing system, the installation of which is regulated by this chapter, or cause any such work to be done, without first making application to the Building Official and obtaining the required permit. All such work is subject to inspection by the City and must conform with the applicable adopted codes. (Ord. 2453 § 1, 2007).

15.05.220 Permit fees.

A. Permit fees partly or fully pay for City services to ensure development is appropriately planned, built, installed, inspected, or otherwise carried out consistent with applicable codes. Permit fees are established pursuant to MTMC 3.150.090. Whenever a permit is required under this chapter, the appropriate fees shall be paid to the City.

B. Whenever any work for which a permit is required by this code has been commenced without first obtaining said permit, a special investigation shall be made before a permit may be issued for such work. The Building Official may require the collection of an investigation fee, in addition to the permit fee, in an amount equal to the permit fee required by this code. Payment of the investigation fee does not vest the illegal work with any legitimacy, nor does it establish any right to a permit for continued development of that project.

C. The Building Official may authorize the refunding of: (1) 100 percent of any fee erroneously paid or collected; (2) up to 75 percent of the permit fee paid when no work has been done under a permit issued in accordance with this code; and (3) up to 75 percent of the plan review fee paid when an application for a permit for which a plan review fee has been paid is withdrawn or canceled before any plan review is done. The Building Official shall not authorize refunding of any fee paid except on written application filed by the original permittee not later than 180 days after the date of fee payment. (Ord. 2453 § 1, 2007).

15.05.230 Professional preparation of plans.

A design professional, licensed in Washington under the provisions of Chapter 18.08 or 18.43 RCW, or Chapter 308-12 WAC, is required to: (A) prepare or oversee the preparation of plans for the design and construction of any building or structure containing five or more residential dwelling units; and/or (B) prepare or oversee the plans and construction contract documents and administer the contract for construction, erection, enlargement, alteration, or repairs to any building of any occupancy over 4,000 square feet of construction. (Ord. 2453 § 1, 2007).

15.05.240 Publications and standards adopted.

A. For construction, maintenance, or alterations within the City’s right-of-way, for construction, maintenance, or alteration of utilities and for construction, maintenance, or alterations on private property, the following publications and standards, and any amendments thereto, shall apply:

1. 2004 American Water Works Association’s Cross-Connection Control Manual, Accepted Procedure and Practice;

2. Current version of the American Water Works Association Standards;

3. 2008 Washington State Department of Ecology’s Criteria for Sewage Works Design;

4. 2016 City of Mountlake Terrace Engineering Standards;

5. Washington State Department of Ecology’s Storm Water Management Manual for Western Washington as adopted by reference in Chapter 16.20 MTMC; and

6. Standards and publications adopted in MTMC 19.95.010(E).

B. Publications listed in subsections (A)(1) through (A)(4) of this section shall be interpreted by the Engineering Services Director. The publication listed in subsection (A)(5) of this section shall be interpreted by the Community and Economic Development Director; provided, that for purposes of Chapter 16.21 MTMC, Illicit Discharge Detection and Elimination and Operation, Maintenance and Inspection of Storm Drainage Facilities, the Washington State Department of Ecology’s Storm Water Management Manual for Western Washington shall be interpreted by the Public Works Director.

1. If any conflicts in design or construction standards occur, the more restrictive standard will govern. (Ord. 2707 § 13, 2017; Ord. 2621 § 18, 2013; Ord. 2599 § 2, 2012; Ord. 2453 § 1, 2007).

15.05.250 Reserved.*

(Ord. 2621 § 19, 2013; Ord. 2453 § 1, 2007).

*Code reviser’s note: Ordinance 2621 removed provisions concerning house move-ins and reserved this section for future use.

15.05.260 Protection of natural watercourses.

Reserved. (Ord. 2543 § 14, 2010; Ord. 2453 § 1, 2007).

15.05.270 Regulation of removal of trees.

A. The purpose of this section is to protect and preserve the environment of the City of Mountlake Terrace. The presence of trees contributes positively to the aesthetic appearance of the City and to the residential climate within the City. It is the intent of the City Council to ensure that desirable trees shall remain on undeveloped land through the development process, to the extent that subsequent development might economically permit.

B. Provisions.

1. This section shall apply only to undeveloped parcels of land greater than 9,000 square feet.

2. This section shall not be construed to conflict with the responsibilities of the City Planning Commission to approve landscaping plans for subdivisions or for planned unit developments.

3. No owner shall remove or permit or allow the removal of any tree greater than 15 feet in natural height, other than alder and/or wild cherry, without the prior approval of the City Planning Commission.

C. Permission granted pursuant to this section shall be granted by a grading permit. Applications for such grading permits shall be submitted to the Community Development Director, who shall, prior to taking final action thereon, refer the said application for permit to the City Planning Commission. Each application for such permit shall be accompanied by an engineer’s sketch showing the location of each tree governed by the provisions of this section. No such permit shall be granted without the prior approval of the Planning Commission, and shall be subject to any condition imposed by such Commission.

D. The acceptance of any grading permit shall constitute an agreement by the owner to be bound by each and every provision hereof, the responsibility for which may not be delegated by said owner to any independent contractor, subcontractor, employee or agent.

E. Must comply with MTMC 16.20.080(D) (Clearing and Grading Permit). (Ord. 2729 § 3, 2018; Ord. 2453 § 1, 2007).

15.05.280 Development within flood hazard areas.

Development within flood hazard areas is strictly regulated under MTMC Title 16 and Appendix G of the IBC. (Ord. 2543 § 15, 2010; Ord. 2453 § 1, 2007).

15.05.290 Performance guarantees and warranties.

Before any City permit is issued, the applicant shall satisfy the applicable requirements of Chapter 15.35 MTMC. (Ord. 2621 § 20, 2013; Ord. 2453 § 1, 2007).

15.05.300 Public right-of-way – Private encroachment.

It shall be unlawful for any person, firm, or corporation to erect, construct, or maintain any building, fence, structure, or thing encroaching upon, under, or over any land that is part of the public right-of-way, except as permitted under Chapter 32 of the IBC or subsections A and B of this section.

A. Rockeries, plantings, and fences shall not encroach on a City right-of-way and/or easement, except as provided in subsections B and C of this section.

B. Any rockeries, plantings, and fences that were previously authorized by a hold harmless agreement between the City and property owner and/or a right-of-way encroachment permit shall be allowed to remain; provided, that the City or franchise utilities may remove said encroachments at any time for the installation or repair of street improvements and utilities, for the construction of new street and utility facilities, for the expansion of facilities, or to reduce hazards. Neither the City nor the franchise agencies are required to replace or restore any encroachments that are damaged or removed; however, the City or franchise holder must repair, to the satisfaction of the City Engineer, any damaged area within the public right-of-way or easement.

C. The planting or maintenance of trees and other plants within the public right-of-way does not require a permit; provided, that such planting or maintenance conforms with all other applicable codes and standards. Trees and other plants with invasive roots shall not be allowed on or within 10 feet of the public rights-of-way and public easements where the invasive roots of such trees or plants may damage public facilities. The Community and Economic Development Department may compile a list of acceptable trees and other plants that have noninvasive roots and that are generally compatible with the function of the public right-of-way or easement. Where plants with invasive roots damage the storm lines, sanitary sewer lines, water lines, or any other underground facility, the owner of such plantings is required to remove them, and is held liable for all repair and replacement costs for City-owned facilities. (Ord. 2543 § 16, 2010; Ord. 2453 § 1, 2007).

15.05.310 Public/site improvements – Relation to building permit.

A. No building permit shall be issued for any new construction, including the construction of single-family residences on lots platted in accordance with MTMC Title 17 (Subdivisions), until all rights-of-way have been dedicated as determined by the City Council and all plans for public and site improvements, including, but not limited to, streets, curbs and gutters, sanitary sewers, storm sewers, sidewalks, water mains, hydrants, parking lots, driveways, landscaping, and other improvements required by the municipal code or as part of a project approval by the Planning Commission, City Council or Hearing Examiner, meeting City standards for the design, size or capacity required to serve the proposed development, or sized in accordance with any Comprehensive Plan of the City, whichever is greater, are submitted and approved by the appropriate City staff. All such improvements shall be extended throughout the parcel under development. In conjunction with development in the BC/D zoning district, the applicant shall be responsible for installing underground power infrastructure consistent with the Town Center Construction Standards.

B. Public Site Improvements – Relation to Certificate of Occupancy. Except as noted below, a certificate of occupancy shall not be issued until all public and site improvements serving or associated with a development, as outlined in subsection A of this section, are installed, completed, and approved, as indicated by the initialing of the copy of the proposed certificate of occupancy by the appropriate representatives of the Fire Department and the Department of Community Development. In some instances, a certificate of occupancy may be issued prior to completion of all improvements when all of the following are satisfied, as determined by the Community Development Director, or his/her designee, and the Fire Chief, or his/her designee:

1. Public and site improvements for the development are substantially complete;

2. The improvements remaining to be completed are not related to health, safety, or water quality;

3. The improvements remaining to be completed are not critical to the proper functioning of the development; and

4. The developer submits a performance guarantee as provided by the City’s current ordinance establishing acceptable types of guarantees to ensure completion of the unfinished improvements within six months of the date of issuance of the certificate of occupancy, or sooner if so determined by the Community Development Director or Fire Chief. If the improvements are not completed within the time frame stated, the City may utilize the funds provided by the performance guarantee for completion of the required improvements.

C. Applicability. Subsections A and B of this section shall apply to all subdivisions, planned unit developments, multifamily, commercial, industrial, and institutional developments, or any other development for which site or public improvements are required. The requirements of subsections A and B of this section shall in no way relieve the obligations required of developments by other City regulations, codes, or standards, including, but not limited to, MTMC Title 16 (Environment), Title 17 (Subdivisions), and Title 19 (Zoning) as adopted and amended by the City.

D. Violation. Occupancy of projects in violation of subsections B and C of this section shall be cause for immediate termination of all occupancy of the project upon notice by the Community Development Director or his/her designee, in addition to any penalties imposed under MTMC 15.05.370. (Ord. 2621 § 21, 2013; Ord. 2481 § 8, 2008; Ord. 2453 § 1, 2007).

15.05.320 Nonconforming structures.

No nonconforming structure shall be enlarged, altered, or repaired except as provided in MTMC Title 19 (Zoning). (Ord. 2453 § 1, 2007).

15.05.330 Underground utility services.

A. The intent of this section is to provide for the undergrounding of power and other wireline services to the greatest extent practical and to avoid unnecessary extensions of overhead wireline services across City rights-of-way.

B. Where new electrical service to a property is underground, any other wireline service shall also be provided underground.

C. Any electrical service connecting to other than a single-family structure or its accessory structure(s) shall be placed underground when the service is new, provided to a new or replaced building, relocated by the property owner or his/her agent, upgraded to more than double the service capacity, or extended. When the extension of a distribution system would require the installation of one or more utility poles, the extension shall instead be placed underground from its connection at an existing utility facility.

D. Any electrical service connecting to a new or replaced single-family structure or a new or replaced accessory structure associated with a single-family house or being relocated from an existing location by the property owner or his/her agent shall be placed underground where there is an existing utility pole within 100 feet of the property line, from which pole the service shall be installed underground. When the nearest point of connection to the distribution system is underground, the extension of the distribution system and installation of the service shall be underground. When the nearest point of connection to the distribution system is an overhead facility on a utility pole and is more than 100 feet from the property line, the extension of the distribution system may be installed underground or installed overhead with the nearest new utility pole placed within 50 feet from the property line. Installation of the service from said pole shall be underground.

1. Required additional transformers shall be located on private property at ground level or in underground vaults.

2. The requirements of this section shall be in addition to those of MTMC Title 17 (Subdivisions).

E. No additional utility poles, traffic signal poles, or poles of similar type shall be installed for any reason without plans being first approved by the City and, as required, a utilities permit issued.

F. Any preexisting or new proposed overhead utility lines and services which are under 20,000 volts, and which go over and through a subdivision, planned unit development, or through commercial or industrial development, shall be placed underground as a requirement of approval of such development.

G. When and where overhead wires are being undergrounded in the public right-of-way, all other existing overhead lines shall be undergrounded as provided in MTMC 12.20.200.

H. Night Lights. Night lights, yard lights, etc., shall not be powered by means of overhead wiring when the primary service to the house is already underground. (Ord. 2621 § 22, 2013; Ord. 2599 § 7, 2012; Ord. 2453 § 1, 2007).

15.05.340 Sanitary convenience.

The existence or use of outhouses or privies is prohibited, except for temporary use associated with construction projects or for special events lasting less than four days in any given month. Otherwise, sanitary conveniences must be incorporated within the building which they serve and must consist of a chemical toilet or plumbing properly connected to a sewer line. (Ord. 2621 § 23, 2013; Ord. 2453 § 1, 2007).

15.05.350 Authority.

The Building Official, as appointed by the City Manager, is charged with the enforcement of the provisions of this chapter. (Ord. 2453 § 1, 2007).

15.05.360 Appeal from decision of authority.

An owner, or his/her agent, may appeal a decision of the Building Official to the Hearing Examiner by filing an appeal with the City Clerk. An appeal to the Hearing Examiner shall be governed by the procedures set forth in MTMC 19.110.100(A) and shall be accompanied by the required fee established in the City’s fee schedule. The Hearing Examiner shall have no authority relative to interpretation of the administrative provisions of this code nor shall the Hearing Examiner be empowered to waive requirements of this code. Both parties shall submit their case materials for the record at least two weeks prior to the date set by the Hearing Examiner for hearing of the case. An appeal from the Hearing Examiner’s decision shall be brought before the Superior Court of Snohomish County in accordance with the Land Use Petition Act, Chapter 36.70C RCW, and shall include any amendment to such section that has been or will be enacted. (Ord. 2621 § 24, 2013; Ord. 2481 § 9, 2008; Ord. 2453 § 1, 2007).

15.05.370 Violations.

A. Any person who shall violate any of the provisions of the code 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 and approved thereunder, or any certificate of permit issued 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 Building Official or by a court of competent jurisdiction, within the time fixed herein, shall severally for each and every such violation and noncompliance respectively be guilty of a misdemeanor, punishable by a fine of not more than $1,000 and/or up to 90 days in jail. The imposition of one penalty for any violation shall not excuse the violation or permit it to continue; and all such persons shall be required to correct or remedy such violations or defects within a reasonable time; and, when not otherwise specified, each 10 days that prohibited conditions are maintained shall constitute a separate offense.

B. The application of the above penalty shall not be held to prevent the City’s enforced removal of prohibited conditions. (Ord. 2453 § 1, 2007).