2531•
•
•
ORDINANCE NO. 2531
AN ORDINANCE AMENDING CHAPTER 16.02 OF THE MOSES LAKE MUNICIPAL CODE
ENTITLED "BUILDING PERMITS"
THE CITY COUNCIL OF THE CITY OF MOSES LAKE, WASHINGTON ORDAINS AS FOLLOWS:
Section 1. Chapter 16.02 of the Moses Lake Municipal Code entitled "Building Permits" is amended as
follows:
16.02.020 Building Codes Adopted: Pursuant to RCW Chapter 19.27 and RCW Chapter 35.21 the state
building code is established. Effective July 1, 2004, the following appendixes to the state building
code are adopted for use within the city:
A. The following International Building Code Appendixes are hereby adopted:
1.Appendix C, Agricultural Buildings;
2.Appendix I, Patio Covers and,
3.Appendix J, Grading when:
a.Grading involves more than 5,000 cubic yards, and/or
b.Regulated by either Chapter 19.03 or 19.06 of this Code, and/or
c.Regulated by City of Moses Lake Shorelines Management Master Plan.
B. The International Residential Code, Appendix G, Swimming Pools, Spas, and Hot Tubs, is
hereby adopted.
C. The Uniform Plumbing Code, Appendix E, Manufactured/Mobile Home Parks and Recreational
Vehicle Parks, is hereby adopted.
D. Additionally, the following codes are adopted. Those codes and the state building code are to
be administered, subject to the modifications and/or amendments set forth in Sections
16.02.050 and 16.02.060.
1.The Uniform Code for the Abatement of Dangerous Buildings, most current edition;
2.The Uniform Housing Code published by the International Conference of Building Officials,
most current edition;
16.02.060 Other Code Amendments:
A. Section 205.1 of the Uniform Code for the Abatement of Dangerous Buildings is replaced with
the following new subsection:
205.1. All references in this Code to the Board of Appeals shall be deemed to refer to the
Hearing Examiner of the City of Moses Lake. The Hearing Examiner shall perform the function
of the Board of Appeals. Any request for an appeal shall be accompanied by the required fees
for the Hearing Examiner as established in other ordinances of the city. Appeals to the
Hearing Examiner shall be processed in accordance with the provisions contained in Section
501 of this Code. The Hearing Examiner may adopt rules of procedure for conducting his
business. Such rules of procedure shall be available to the public upon request. All decisions
shall be in writing and shall be delivered to the appellant as well as to the city.
ORDINANCE 2531
PAGE 2 October 13, 2009
B.Section 701.2 of the Uniform Code for the Abatement of Dangerous Buildings is amended to
provide:
Failure to Obey Order. If, after any order of the building official or board of appeals made
pursuant to this code has become final, the person to whom such order is directed, shall fail,
neglect or refuse to obey such order, the building official may (i) cause such person to be
prosecuted under Section 701.1 or (ii) institute any appropriate action to abate such building
as a public nuisance. For purposes of enforcement under (B)(ii) of this section, the abatement
provisions of either RCW Chapter 7.48 or RCW Chapter 35.80 may be employed by the city.
Any costs incurred by the city in such abatement shall become a lien against the property
where the building is located as provided in RCW 35A.60.010.
C.Section 1104 of the Uniform Code for the Abatement of Dangerous Buildings is amended to
provide:
Section 1104 — Notice to Vacate
1104.1 Posting. Every notice to vacate shall, in addition to being served as provided in Section
1101.3, be posted at or upon each exit of the building, and shall be in substantially the
following form:
DO NOT ENTER
UNSAFE TO OCCUPY
It is unlawful to occupy this building, or to remove or deface this notice. Any person
occupying this building shall be guilty of trespass. Defacing or removing this notice is
malicious mischief.
This notice is issued by the order of the City of Moses Lake Building Official
Date
City Of Moses Lake Official Posting Violation of this posting is a crime Call Local law
enforcement or contact 766-9235
1104.2 Compliance. Whenever such notice is posted, the building official shall include a
notification thereof in the notice and order issued under Section 1101.2, reciting the emergency
and specifying the conditions which necessitate the posting. No person shall remain in or enter
any building which has been so posted, except that entry may be made to repair, demolish or
remove such building under permit. No person shall remove or deface any such notice after
it is posted until the required repairs, demolition or removal have been completed and a
certificate of occupancy issued pursuant to the provisions of the Building Code. Any person
violating this subsection by remaining in or entering a building shall be guilty of trespass under
state law. Any person violating this subsection by removing or defacing such a notice shall be
guilty of malicious mischief under state law.
D.Section 203.1 of the Uniform Housing Code is replaced with the following new subsection:
203.1. All references in this Code to the Housing Advisory and Appeals Board shall be deemed
to refer to the Hearing Examiner of the City of Moses Lake. The Hearing Examiner shall
perform the function of the Board of Appeals. Any request for an appeal shall be accompanied
by the required fees for the Hearing Examiner as established in other ordinances of the city.
Appeals to the Hearing Examiner shall be processed in accordance with the provisions
contained in Section 1201 of this Code. The Hearing Examiner may adopt rules of procedure
for conducting his business. Such rules of procedure shall be available to the public upon
request. All decisions shall be in writing and shall be delivered to the appellant as well as to
the city.
•
•
•
cs
•
ORDINANCE 2531
PAGE 3 October 13, 2009
Section 2. This ordinance shall be in full force and effect five days after its passage and publication of its
summary as provided by law.
Adopted by the City Council and signed by its Deputy Mayor on October 13, 2009.
Richard Pearce, Deputy Mayor
ATTEST:
Ronald C. Cone, Finance Director
APPROVED AS TO FORM:
James A. Whitaker, City Attorney
•
•
•
•