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Home My WebLink Aboutord2018-024WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2018 142 CLEARANCES Initial Date Date Received in Council Office ice A enda Date Assigned to: Ori �uzcato�° Engels 4/20/2018 w °m o �� ,� , l 5/8/18 Introduction Division Head: 5/22/18 Hearing ., .. De t. Ilead a,� MAY 0 1 M Prosecutor: � �, ll ..,1r '��jt� . � R COUNTY Pw-chasing /Budget.• . "9 3 NN(y�pQ �i{ �„ U C� 1AL, � �® �� Executive: ®�� TITLE OF DOCUMENT. Ord amend WCC 15.04 Building Codes, regarding fee for appeals to Council ATTACHMENTS: SEPA review required? ( ) Yes ( ) NO Should Clerk schedule a hearing ? ( X ) Yes ( ) NO SEPA review completed? ( ) Yes ( ) NO Requested Date: SUMMARYSTATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) This ordinance amends WCC to add section 15.04.060 to authorize an appeal fee for appeals of decisions of the building official, fire code official, or the director of planning and development services on mitigation or revision of the penalty to the County Council. COMMITTEE ACTION: COUNCIL ACTION. 5/8/2018: Introduced 6 -0 5/22/2018: Adopted 7 -0, Ord. 2018 -024 Related County Contract #: Related File Numbers: Ordinance or Resolution Number: Ord. 2018 -024 Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the County's website at: www.co.whatcom.wa.us /council. SPONSORED BY: Consent INTRODUCTION DATE: 5/8/2018 ORDINANCE NO. 2018 -024 AMENDING WHATCOM COUNTY CODE 15.04, BUILDING CODES, REGARDING FEE FOR APPEALS TO COUNTY COUNCIL WHEREAS, Whatcom County Code (WCC) 15.04.050(F)(1) states that any person, firm or corporation violating any of the provisions of chapter 15.04 or the codes adopted by reference by that chapter shall be deemed guilty of a civil offense; and WHEREAS, the penalty provided by WCC 15.04.050(F)(1) shall be imposed by a notice in writing from the building official or the fire code official or the director of planning and development services, by certified service, to either the person, firm or corporation incurring the penalty; and WHEREAS, the notice shall include the amount of the penalty imposed and shall describe the violation with reasonable particularity in ordering the act(s) constituting the violation(s) to cease and desist or, in appropriate cases, requiring necessary corrective action to be taken within a specific and reasonable time; and WHEREAS, WCC 15.04.050(F)(2) states that within 30 days after the notice is received, the person incurring the penalty may apply in writing to the building official for remission or mitigation of such penalty; and WHEREAS, upon receipt of the application, the department may remit or mitigate the penalty upon whatever terms the department deems proper; and WHEREAS, WCC 15.040.050(F)(2) establishes a process to appeal final decisions of the building official, fire code official, or the director of planning and Page 1 development services, on mitigation or revision of the penalty to the county council; and WHEREAS, the Unified Fee Schedule authorizes a fee for appeals to the county council. NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that Whatcom County Code Chapter 15.04 is hereby amended as shown in Exhibit A to this ordinance. AbOpT ;lD 0['s 2Ina, day of May , 2018. C) M WHAT ATTEST - . �� WHAT �� x ` Dana°Br10 6 QaWl' Irk f the Council Rud 4RE lb`11A5. TPsf9 l : pp ty Prosecutor Jack L Page 2 COUNCIL WASHINGTON rowne, Council Chair uvt, Cou ❑ Denied EXHIBIT A CHAPTER 15.04 BUILDING CODES 15.04.060 Fee A fee, as established in the Unified Fee Schedule, shall be paid to the county council office upon filing of an appeal authorized by Whatcom County Code 15.04.050(F)(2). This fee shall not apply to appeals initiated by a county department. If an appellant prevails in an appeal of final decisions of the building official, fire code official, or the director of planning and development services, on mitigation or revision of the penalty to the county council, the appellant's appeal fees shall be refunded. Page 3