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HomeMy WebLinkAbout4820ORDINANCE NO. ~ AN ORDINANCE of the City Council of the City of Bremerton, Washington, amending Sections 17.04.110 and 18.02.090 of the Bremerton Municipal Code relating to penalties for violations of the City Building Code, the Uniform Fire Code, Fire Sprinkler Code, Fire Alarm Code, and False Alarm Code, and further amending Section 18.01.100 of the Bremerton Municipal Code to correct a scrivener's error. WHEREAS, the current provisions of Sections 17.04.110 m~d 18.02.090 of the Bremerton Municipal Code relating to penalties for violations of the City Building Code, the Uniform Fire Code, Fire Sprinkler Code, Fire Alarm Code, and False Alarm Code result in ineffective enforcement of such codes; and WHEREAS, the City Council desires to update the provisions relating to penalties for violations of the foregoing codes in order to provide more effective enforcement of the same including enforcement pursuant to Chapter 1.04 BMC; and WHEREAS, the current provisions of Section 18.01.100 contain a scrivener's error; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Section 17.04.110 of the Bremerton Municipal Code entitled "Penalty for Violations" is hereby amended to read as follows: I Building/Fire Codes (a) Any violation of any provision of the City Buildin~ Code, Chapter 17.04 BMC, constitutes a civil violation under Chapter 1.04 BMC for which a monetary penalty may be assessed and abatement may be required as provided therein. (b) In addition to or as an alternative to any other penalty provided in this chapter or by law, any person who violates any provision of the City Buildin~ Code, Chapter 17.04 BMC, shall be guilty of a misdemeanor pursuant to Section 1.12.020(2) BMC. SECTION2. Section 18.02.090 of the Bremerton Municipal Code entitled "Penalty for Violations" is hereby amended to read as follows: 18.02.090 PENALTY FOR ............ VIOLATION - PENALTY. (a) Any violation of any provision of the Uniform Fire Code, Fire Sprinkler Code, Fire Alarm Code, or False Alarm Code constitutes a civil violation under Chapter 1.04 BMC for which a monetary penalty may be assessed and abatement may be required as provided therein. (b) In addition to or as an alternative to any other penalty provided in this chapter or by law, any person who violates any of the provisions of the Uniform Fire Code, Fire Sprinkler Code, Fire Alarm Code, or False Alarm Code shall be ~uiltv ora misdemeanor pursuant to Section 1.12.020(2) BMC. SECTIONS. Section 18.01.100 of the Bremerton Municipal Code entitled "Appeals" is hereby amended to read as follows: ......... 18.02.100 APPEALS. Appeals of administrative determinations applying the Uniform Fire Code, City of Bremerton Fire Sprinkler Code, City of Bremerton Fire Alarm Code and City of Bremerton False 2 Building/Fire Codes Fire Alarm Code shall be heard by the Administrative Hearing Examiner pursuant to Chapter 2.13 BMC. SECTION 4. Severabilitv. If any one or more sections, subsections, or sentences of this Ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Ordinance and the same shall remain in full force and effect. SECTION 5. Effective Date. This ordinance shall take effect and be in force ten (10) days from and after its passage, approval and publication as provided by law. APPROVED by the City Council thet:~Ta.~~ day of ~,z y ,2002 PASSED by the City Council the ~ day of ~7~~ ,2002 CAROL ARENDS, Council President Approved this z~/t..) day of ~--r~-t..~,.t4~.a~ {. ~ , 20~~____~~ CARY BOZEMAN, Mayor ATTEST: APPROVED AS TO FORM: ~ Ri3~GER ~. LUBOVICH, KAT~H EEN MC~ty Clerk ~~~~---'~-~"' ~-~' PUBLISHED the~ day of ~~~ ,2002 EFFECTWE the /~A) day of ~~~ ,2002 O~CE Nd. - ~f~ o (' R:\LEGAL\Ordinances\Code Enforcement~Building-Fire Codes.doc 3 Building/Fire Codes .. AFFIDAVIT OF PUBLICATION County of Kitsap, State of Washington No. 100032021 I, Valerie Zoller, being first duly sworn on oath, deposes and says: That she is now, and at all times embraced in the publication herein mentioned was the principal clerk of the printers and publishers of THE SUN; that said newspaper has been approved as a legal newspaper by order of the Superior Court of the County of Kitsap, in which County it is published and is now and has been for more than six months prior to the date of the publication hereinafter referred to, published in the English language continually as a daily newspaper in Bremerton, Kitsap County, Washington, and is now and during all of said time, was printed in an office maintained in the aforesaid place of publication of said newspaper; that the following is a true text of a legal advertisement as it was published in regular issues (and not in supplement form) of said newspaper on the following dates, to wit: November 5,2002; and that such newspaper was regularly distributed to its subscribers during all of said period. That the full amount of the fee charged for the foregoing publication is the sum of $ 7.75 amount has not been paid in full. (Signature of Principal Clerk) SUMMARY OF ORDINANCE NO. 4820. Subscribed and sworn to before me this day of November 9,2002 Notary Public in and for the State of Washington, Kitsap County. AN ORDINANCE of the City Council of the City of Bremerton, Washington, amending Sections 17.04.110 and 18.02.090 of the Bremerton Municipal Code relating to penalties for violations of the City Building Code, the Uniform Fire Code, Fire Sprinkler Code, Fire Alarm Code, and False Alarm Code, and further amending Section 18.01.100 of the Bremerton Municipal Code to correct a scrivener's error.- APPROVED by the City Council the 23rd day of October, 200T PASSED by the City Council the 30th day of October, 200T The full text of this ordinance is available from the City Clerk's Office, 239 Fourth Street, Bremerton, WA 98337.- November 5, 2002- - 10003202r