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HomeMy WebLinkAboutORD 4723CITY OF RENTON,WASHJNGTON ORDINANCE NO.4723 Amended by ORO 4835}til/Sf, 1f~'7}1'11.2.,4923, 4963,5043'5079 5112,5129,5133 5155,5166,5196 AN ORDINANCE OF THE CITY OF RENTON,WASHINGTON, AMENDING TITLE I (ADMINISTRATIVE),TITLE n (COMMISSIONS AND BOARDS),TITLE ill (DEPARTMENTS),TITLE V (BUSINESS REGULATIONS),TITLE VII (FIRE REGULATIONS),TITLE vm (IIEALTR AND SANITATION),AND TITLE IX (pUBLIC WAYS AND PROPERTY),OF ORDINANCE NO.4260 ENTITLED "CODE OF GENERAL ORDINANCES OF THE CITY OF RENTON,WASHINGTON" BY INCORPORATING CODE LANGUAGE WIDCR WAS FORMERLY LOCATED WITHIN TITLE IV (BUILDING REGULATIONS)AND DELETING CERTAIN CODE SECTIONS WIDCR WILL NOW BE LOCATED WITIDN TITLE IV. TllE CITY COUNCIL OF THE CITY OF RENTON.WASHJNGTON,DO ORDAIN AS FOLLOWS: SECTION I.The title page of Title I (Administrative),of Ordinance No.4260 entitled "Code of General Ordinances of the City of Renton,Washington"is hereby amended to read as follows: TITLE I SECTION: 1-1 1-2 1-3 SEAL ORDINANCES PENALTIES 1-3-1 GENERAL PENALTIES A General Penalties B To what Acts General Penalty ShaU Attach C Violations of Shoreline Master Program D Penalties for Violations ofFire Prevention Regulations 1-3-2 CIVIL PENALTIES A Purpose B Authority to Inspect C Violation D Costs and Monetary Penalties E Special Penalties F Continued Duty to Correct Violation G Appeal to Superior Court H Accrual of Penalty 1-3-3 NUISANCE (Reserved for New Amendments) 1-3-4 DEFINITIONS 1-4 1-5 1-6 1-7 1-8 1-9 ORDINANCE NO.4723 MAYOR COUNCIL CODE OF Enncs REPRESENTATIVES TO LEGISLATIVE AND ADMINISTRATIVE BODIES HOLIDAYS DEFENSE OF EMPLOYEES.OFFICERS AND VOLUNTEERS SECTION II.Sections 1-3-1,1-3-2,1-3-3 and 1-3-4 of Chapter 3,,General Penalty,of Title I (Administrative),of Ordinance No.4260 entitled "Code of General Ordinances of the City of Renton,Washington"are hereby amended to read as follows: 1-3-1:GENERAL PENALTIES: A.VIOLATIONS:Any person convicted of a criminal violation of any section of this Code shall be punished in accordance with RCW 9A.20.021(2),as now or hereafter amended, for gross misdemeanors and RCW 9A.20.021(3),as now or hereafter amended,for misdemeanors. Whenever a specific penalty or range of penalties has been established for a crime by the State legislature and that crime has been incorporated into the City's Criminal Code,either directly or by reference,then the penalty ranges established by the legislature shall govern and this provision shall not be enforced. B:TO WHAT ACTS PENALTY SHALL ATTACH: Any person who shall commit any act declared by any section of this Code to be unlawful for which there is no stated penalty or who fails to perform any act or discharge any obligation or duty required by or imposed upon him by any ordinance for which there is no stated penalty shall be deemed guilty of a misdemeanor and shall be subject to the penalty fixed for the violation with like effect as if such penalty where specifically declared in the section forbidding such act or declaring the same to be unlawful or prescribing the duty or imposing the obligation.,and where any duty is prescribed or obligation imposed or where any act which is of a continuing nature is forbidden or declared to be 2 ORDINANCE NO.4723 unlawful,each day such duty or obligation remains unperfonned or such act continues,shall constitute a separate offense except where otherwise provided in this Code. C.PENALTIES FOR VIOLATIONS OF SHORELINE MASTER PROGRAM PROVISIONS: 1.Prosecution:Every person violating any of the provisions of this Master Program or the Shoreline Management Act of 1971,shall be punishable under conviction by a fine not exceeding one thousand ($1,000)dollars,or by imprisonment not exceeding ninety (90)days,or by both such fine and imprisonment,and each day's violation shall constitute a separate punishable offense. 2.Injunction:The City Attorney may bring such injunctive,declaratory or other actions as are necessary to insure that no uses are made of the shorelines of the state under the City's jurisdiction which are in conflict with the provisions and programs of this Master Program or the Shoreline Management Act of 1971,and to otherwise enforce provisions of this Ordinance and the Shoreline Management Act of 1971. 3.Public and Private Redress:Any person subject to the regulatory program of this Master Program who violates any provision of this Master Program or the provisions of a permit issued pursuant thereto shall be liable for all damages to public or private property arising from such violation,including the cost of restoring the affected area to its condition prior to such violation. The City Attorney may bring suit for damages under this subsection on behalf of the City.Private persons shall have the right to bring suit for damages under this subsection on their own behalf and on behalf of all persons similarly situated.If liability has been established for the cost of restoring an area affected by violation,the Court shall make provision to assure that restoration will be accomplished within a reasonable time at the expense of the violator.In addition to such relief, 3 ORDINANCE NO.4723 including monetary damages,the Court in its discretion may award attorIJ.ey'g fees and costs of the suit to the prevailing party. D.Penalties for Violations of Fire Prevention Regulations: 1.Misdemeanor:Any person who shall violate any of the provisions of fire prevention regulations or the Uniform Fire 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 or 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 such proper authority 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 five hundred dollars ($500.00)or by imprisonment for not more than ninety (90)days or by both such fine and imprisonment.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 ten (10)days that prohibited conditions are maintained shall constitute a separate offense. 2.General:The application of the above penalty shall not be held to prevent the enforced removal of prohibited conditions. 1-3-2:CIVIL PENALTIES: A.PURPOSE:The purpose of this section is to establish an efficient system to enforce the Code and ordinances of the City to establish monetary penalties for violations,and to provide for a prompt hearing and decision on alleged violations. 4 ! ORDINANCE NO.4723 B.AUTHORITY TO INSPECT:The Code Enforcement Officer or hislher designee may inspect properties as necessary to determine whether permittees have complied with conditions of the respective permits and,whenever there is reasonable cause to believe that a pennittee is in violation of the provisions as set forth in this Chapter,may enter upon such premises at all reasonable times to inspect the same or to perfonn any other duty allowed the Code Enforcement Officer by this Code.The Code Enforcement Officer shall present proper credentials to the owner or other person in charge of the premises before demanding entry.If such entry is refused or if the owner or tenant or person in charge of the premises cannot be located,the Code Enforcement Officer or hislher designee shall have recourse to every remedy provided by law to secure entry,including,but not limited to,application for a search warrant. C.VIOLATION: 1.Failure to Comply is Violation:A failure to comply with the requirements of the following sections shall be considered a violation subject to Civil Penalties: a.Title V:Chapter 5,Business Licenses,and Chapter 12,Adult Entertainment Standards. b.Title VI:Chapter 1,Abandoned Vehicles,and Chapter 14,Litter, sections 6-14-17, 6-14-18,6-14-19 and 6-14-20. c.Title VIII:Chapter I,Garhage. d.Title IX:Chapter 10,Street Excavations,Chapter 13,Trees and Shruhhery;and Chapter 15,Weeds and Noxious Maller. e.Title IV:All sections,with the exception of the following sections, which are subject to General Penalties under Section 1-3-1: (I)National Electrical Code:4-5-040. 5 I I ORDINANCE NO.4723 (2)Those sections of "Standards and Review Criteria for Keeping Animals"relating to care,maintenance and individual licensing:4-4-010 (presently 4-31-37). Violations of regulations limiting the type or number of animals are subject to Civil Penalties. (3)Fire Prevention and Unifonn Fire Code Regulations:4-5-070 (presently Title VII). (4)Flood Hazard Area Regulations:4-3-060 (presently 4-31-31). (5)Garage Sale Regulations:4-4-050. (6)Landscaping Requirements:4-4-070 (presently 4-31-34.H). (7)Mobile Park Regulations:4-9-110 (presently 4-11-l.C). (8)Shoreline Master Program Regulations:4-3-090 (presently section 2.11 of the Shoreline Master Program). (9)Subdivision Regulations:4-7 (presently 9-12). (10)Utility Regulations of Chapter 6 (presently located In 8-5- 20.B). (11)Wetlands:4-3-110 (presently 4-32-5.1 and 4-32-14). Violations of wetland provisions are also subject to the Nuisance Penalties under section 1-3-3. (12)Provisions of the City's Environmental Review Procedures: 4-9-070 (presently 4-6).Violations of these provisions are also subject to the Nuisance Penalties under section 1-3-3. (13)Aquifer Protection Regulations (Reserved). 2.Violation is Civil Infraction:Any person who commits a violation,as identified in this section,shall be guilty of a civil infraction on the first offense. 6 ORDINANCE NO.4723 3.Subsequent Offense:Any person who commits a violation,as identified in this section,within one year of a "committed finding for"the same prior offense,shall be guilty of a misdemeanor. D.COSTS AND MONETARY PENALTIES: I.Additional Court Authority:The Renton Municipal Court may impose costs in addition to the penalties set out below. 2.Amount of Penalty per Day:The amount of the monetary penalty per day or portion thereof for each violation shall be as follows: a.First three (3)days of violation,up to one hundred dollars ($100.00) per day. b.Second three (3)days of violation,up to two hundred dollars ($200.00)per day. c.Third three (3)days of violation,up to three hundred dollars ($300.00) per day. d.Each additional day of violation,up to five hundred dollars ($500.00) per day. F.CONTINUED DUTY TO CORRECT VIOLATION:Payment ofa monetary penalty pursuant to this Chapter does not relieve a person of the duty to correct the violation as ordered by the applicable department director. G.APPEAL TO SUPERIOR COURT:Any appeal of the decision of the Renton Municipal Court shall be governed by the Rules for Appeal of Decisions of Courts of Limited Jurisdiction. 7 ORDINANCE NO.4723 H.ACCRUAL OF PENALTY:The City is authorized to collect the monetary penalty by use of appropriate .legal remedies.Seeking legal redress by the City shall neither stay nor terminate the accrual of additional per diem monetary penalties so long as the violation continues. 1-3-3:NUISANCE (Reserved for new amendments) 1-3-4:DEFINITIONS:In this Chapter,unless a different meaning is plainly required, the following definitions shall apply: APPLICABLE DEPARTMENT DIRECTOR:The director of the department empowered to enforce a City Code or ordinance,or his/her designated representative. CIVIL VIOLATION:A noncriminal violation ofa provision ora City Code or ordinance. CODE ENFORCEMENT OFFICER:Any employee(s)appointed by the applicable department director to inspect for Code violations and issue violation notices. PERSON:Any person,firm,partnership,association,corporation,company or organization of any kind,who is either the property owner,is in control of the property in any fashion,or is causing, allowing,or participating in the prohibited activity. SECTION m.Section 2-1-5 of Chapter I,Board of Adjustment,of Title II (Commissions and Boards),of Ordinance No.4260 entitled "Code of General Ordinances of the City of Renton,Washington lt is hereby amended by to read as follows: 2-1-5:POWERS,DUTIES AND PERIODIC REPORTS: The Board shall have all the powers and duties prescribed by law and as the City Council may prescribe by ordinance from time to time including but not limited to the provisions of section 4-1- OSO.D. 8 ORDINANCE NO.4723 SECTION IV.Section 2-3-2.C of Chapter 3,Board of Public Works,of Title II (Commissions and Boards),of Ordinance No.4260 entitled "Code of General Ordinances of the City of Renton,Washington"is hereby amended by to read as follows: 2-3-2.C:To consider and grant "deferments"under the terms and provisions of section 4-9-060 relating to underground wiring and all matters incidental thereto. SECTION V.Sections 2-10-6 and 2-10-7 of Chapter 10,Planning Commission,of Title II (Commissions and Boards),of Ordinance No.4260 entitled "Code of General Ordinances of the City of Renton,Washington"are hereby amended by to read as follows: 2-10-6:DUTIES AND RESPONSrnUJTIES: A.Authority:The City Council and Mayor have designated the Planning Commission to function as the public hearing body for many planning related activities of the City.The Council may,at its discretion,retain this function for any specific project,proposal,or plan. B.Representation:Planning Commissioners are entrusted to make recommendations reflecting the broad interests of the community. C.Conduct and Fairness:All Commissioners shall conduct themselves in a manner consistent with the Code of Ethics for Municipal Officers,title 42.23 RCW,and the Code of Ethics, Title I,Chapter 6 of the City Code..In fonnulating its recommendations to the City Council,the Planning Commission,and its advisory committees may conduct public hearings;however,in any event all meetings of the Commission or its advisory cornmittees shall be open to the public pursuant to the Open Public Meeting Act of 1971. D.General Duties:The primary responsibility of the Planning Commission is to review the Comprehensive Plan,carry out work activities in the Council-adopted work program,and to elicit public input for and to advise the City Council and the Mayor on land use planning matters~ 9 ORDINANCE NO.4723 E.Scope of Review:At the direction of the City Council,the Planning Commission shall review staff proposals,hold public hearings,and submit recommendations to the City Council and the Mayor on the adoption of and amendments to the following: 1.The Comprehensive Plan and new goals and policies. 2.Neighborhood or subarea plans and studies which will amplify and augment the Comprehensive Plan.The Commission may conduct periodic planning studies of homogeneous community units,distinctive geographic areas,or other types of districts having unified interests within the total area of the City which will amplify and augment the Comprehensive Plan. 3.Shoreline Master Program amendments after holding a public hearing. 4:Area-wide zoning to implement the recommended amendments to the Comprehensive Plan. 5.Land Use Regulations and processes upon Council request. 6.Duties related to Development Regulations and processes:as described in section 4-1-050.£. 7.Other land use plans and programs contained III the Commission's work program,or referred by the City Council. 8.Short-range programs as necessary for implementation of the Comprehensive Plan. F.Reports to Council:It shall be the continuing duty of the Planning Commission to observe the development of the City and its environs in relation to the Comprehensive Plan,and the implementations thereto,and to prepare reports and submit same to the City Council from time to time and whenever necessary. 10 SECTION VI. ORDINANCE NO.4723 Section 2-10-7 of Chapter 10,Planning Commission,of Title II (Commissions and Boards),of Ordinance No.4260 entitled "Code of General Ordinances of the City of Reoton,Washington"is hereby deleted. SECTION VII.There is hereby created Chapter 9 entitled "Hearing Examiner"to Title III (Departments),of Ordinance No.4260 entitled "Code of General Ordinances of the City of Renton"which reads as follows: CHAPTER 9 HEARING EXAMINER 3-9-1:TITLE 3-9-2:CREATION OF HEARING EXAMINER 3-9-3:APPOINTMENT AND TERM 3-9-4:REMOVAL 3-9-5:QUALIFICATIONS 3-9-6:EXAMINER PRO TEMPORE;QUALIFICATIONS AND DUTIES. 3-9-7:HEARING EXAMINER;CONFLICT OF INTEREST AND FREEDOM FROM - IMPROPER INFLUENCE 3-9-8:FREEDOM FROM IMPROPER INFLUENCE 3-9-1:TITLE:This Chapter shall be titled Hearing Examiner,may be cited as such, and same shall be and constitute Chapter 9,Title III of the Renton Municipal Code. 3-9-2:CREATION OF HEARING EXAMINER:The office of Hearing Examiner, hereinafter referred to as Examiner,is hereby created.The Examiner shall interpret,review and implement land use regulations as provided in this Ordinance and other ordinances.The term examiner shall likewise include the Examiner Pro Tern. 3-9-3 : A APPOINTMENT AND TERM: Reappointment:The Examiner and the Examiner Pro Tern shall be appointed by the Mayor of the City,with the confirmation or concurrence of not less than four (4)members of the Renton City Council,and such appointment shall be for a term of four (4)years commencing II ORDINANCE NO.4723 February 1,1997.The term shall thereafter expire on the last day of January of every such four (4) year term. B.Initial Appointment:For the initial appointment of an individual to the Hearing Examiner's position,however,the initial term of office shall be a shorter probationary period.The initial term shall expire on the last day of January of the next odd numbered year. Should the resulting term be one calendar year or less,then the term shall expire on the last day of January of the next succeeding odd numbered year so that the initial term of the Hearing Examiner shall be not less than one calendar year nor more than three (3)calendar years. 3-9-4:REMOVAL:The Examiner or the Examiner Pro Tern may be removed from office at any time by the affirmative vote of not less than five (5)members of the City Council for just cause. 3-9-5:QUALIFICATIONS:The Exami.ner and the Examiner Pro Tern shall he appointed solely with regard to their qualifications for the duties of the office which shall include,but not be limited to persons with appropriate educational experience,such as an urban planner,or public administrator,with at least five (5)years experience,persons who have extensive experience in planning work in a responsible capacity,persons with legal experience,particularly where that experience is in the area of land use management or administrative law. 3-9-6:EXAMINER PRO TEMPORE;QUALIFICATIONS AND DUTIES: The Examiner Pro Tern shall,in the event of the absence or the inability of the Examiner to act,have all the duties and powers of the Examiner. 12 ORDINANCE NO.4723 3-9-7:HEARING EXAMINER;CONFLICT OF INTEREST AND FREEDOM FROM IMPROPER INFLUENCE: The Examiner shall not conduct or participate in any hearing or decision in which the Examiner has a direct or indirect personal interest which might exert such influence upon the Examiner that might interfere with his decision making process.Any actual or potential conflict of interest shall be disclosed to the parties immediately upon discovery of such conflict. Participants in the land use regulatory process have the right,insofar as possible,to have the Examiner free from personal interest or pre-hearing contacts on land use regulatory matters considered by him.It is recognized that there is a countervailing public right to free access to public officials on any matter.If such personal or pre-hearing interest contact impairs the Examiner's ability to act on the matter,such person shall so state and shall abstain therefrom to the end that the proceeding is fair and has the appearance of fairness,unless all parties agree in writing to have the matter heard by said Examiner. 3-9-8:FREEDOM FROM IMPROPER INFLUENCE:No Council member,City official,or any other person shall attempt to interfere with,or improperly influence the Examiner in the performance of his designated duties SECTIONVIU.Sections 5-1-1.A,5-1-I.B,and 5-1-3 of Chapter I,Fee Schedule,of Title V (Finance and Business Regulations),of Ordinance No.4260 entitled "Code of General Ordinances of the of the City of Renton,Washington"are hereby deleted. SECTION IX.Section 5-5-3.G.4 of Chapter 5,Business Licenses,of Title V (Finance and Business Regulations),of Ordinance No.4260 entitled "Code of General Ordinances of the City of Renton,Washington"is hereby amended to read as follows: 13 ORDINANCE NO.4723 S-S-3.G.4:Penalties:Penalties for any violation of any of the provisions of this Chapter shall be in accord with sectionl-3-2. SECTIONX.The lead in paragraph of section 5-12-27 of Chapter 5,Business Licenses,of Title V (Finance and Business Regulations),of Ordinance No.4260 entitled "Code of General Ordinances of the City of Reo ton,Washington"is hereby amended by to read as follows: 5·12-27:Denial,Suspension or Revocation of License -Appeal: The appeals procedure set forth in section 4-8-110 for appeals of administrative determinations shall apply to appeals brought by any party aggrieved by actions of the Director pursuant to any section of this Chapter;except that each of the following shall also apply: SECTION XI.Section 5-12-30 of Chapter 5,Business Licenses,of Title V (Finance and Business Regulations),of Ordinance No.4260 entitled "Code of General Ordinances of the City of Renton,Washington"is hereby amended to read as follows: 5-12-30:CIVIL PENALTY:Any person who violates any provision of this Chapter, except the conduct standards of sections 5-12-24 and 5-12-25,shall be subject to a civil penalty in an amount not to exceed one thousand dollars ($1,000.00)per violation,to be directly assessed by the Director.The Director,in a reasonable manner,may vary the amount of the penalty assessed to consider the appropriateness of the penalty to the size of the business of the violator;the gravity of the violation;the number of past and present violations committed;and the good faith of the violator in attempting to achieve compliance after notification of the violation.All civil penalties assessed will be enforced and collected in accordance with the procedure specified in section 1-3-2. SECTIONXn.Section 6-1-2 of Chapter 1,Abandoned Vehicles,of Title VI (police Regulations),of Ordinance No.4260 entitled "Code of General Ordinances of the City of Renton, Washington"is hereby amended by adding the following subsection which reads as follows: 14 ORDINANCE NO.4723 J.Penalties:Penalties for any violations of any of the prOVISions of this subsection shall be in accord with section 1-3-2. SECTION XIII.Title VII (Fire Regulations),of Ordinance No.4260 entitled "Code of General Ordinances of the City of Reoton,Washington tl is hereby deleted in its entirety. SECTION XIV.Sections 8-1-4.C and 8-1-4.K of Title VITI (Health and Sanitation),of Ordinance No.4260 entitled "Code of General Ordinances of the City of Renton,Washington"is hereby amended to read as follows: 8-1-4.C:Unlawful Deposit;Penalties:It shall be unlawful to deposit,throw,or place any garbage,recyclables,or yard waste in any lane,alley,street or other public place,or to deposit, throw or place any garbage or refuse on any private property regardless of ownership.It shall be unlawful to place garbage,recyclables or yard waste in the garbage can,garbage unit or detachable container owned by or for which service is paid for by another. Penalties for any violation of any of the provisions of this Chapter shall be in accord with section 1-3-2. 8-1-4.K:Requirements for Garbage and Recyclables Deposit Areas and Collection Points:Shall be as stipulated in section 4-4-090. SECTION XV.Sections 8-2-7.A through C of Chapter 2,Stonn and Surface Water Drainage,of Title VITI (Health and Sanitation),of Ordinance No.4260 entitled "Code of General Ordinances of the City of Renton,Washington"are hereby deleted. SECTION XVI.Section 8-2-7 of Chapter 2,Stonn and Surface Water Drainage,of Title VIII (Health and Sanitation),of Ordinance No.4260 entitled "Code of General Ordinances of the City of Renton,Washington"is hereby amended to read as follows: l5 ORDINANCE NO.4723 8-2-7:Surface Water System Development Charge:See section 4-1-180.13 stipulates the system develoopment fees. SECTION XVII.Chapter 3,Protection of Water Supply,of Title VITI (Health and Sanitation),of Ordinance No.4260 entitled "Code of General Ordinances of the City of Renton, Washington"is hereby deleted in its entirety. SECTION XVIII.Sections 8-4-2.C of Chapter 4,Water,of Title YIIl (Health and Sanitation),of Ordinance No.4260 entitled "Code of General Ordinances of the City of Renton, Washington"is hereby amended to read as follows: 8-4-2.C:Application:At the time of filing such application,the applicant shall pay to the Finance and Information Services Administrator or the person appointed by him for the purpose of collecting water rates,the fee for installation of water service as provided in section 4-1-180.C SECTION XIX.Sections 8-4-4, 8-4-5,8-4-6,8-4-14,8-4-15 and 8-4-24.A through E of Chapter 4,Water,of Title VITI (Health and Sanitation),of Ordinance No.4260 entitled "Code of General Ordinances of the City of Reo ton,Washington"are hereby deleted. SECTION XX.Sections 8-4-24.F through I of Chapter 4,Water,of Title YIIl (Health and Sanitation),of Ordinance No.4260 entitled "Code of General Ordinances of the City of Renton, Washington"are hereby renumbered and amended to read as follows: 8-4-24:Fire Protection: A.Fees for Private Water;Fire Service:The charges for such fire protection services are hereby established as follows: 1.Fire Protection Charge:The private fire protection charge will be three dollars thirty forty cents ($3.40)per month per inch of fire meter size. 16 ORDINANCE NO.4723 2 Water Used For Extinguishing Fires:No charge will be made for water used in extinguishing fire if the owner or occupant of the premises where such fire occurs gives written notice to the office of the Utilities Engineer within ten (10)days from the date of such fire.In no case will any tap be made upon any pipe used for fire service purposes or any tank connected therewith,nOf shall the use of any water be permitted through any fire service nor through any pipes, tanks or other fixtures therewith connected for any purposes except the extinguishing of fire on such premises or testing flows for fire control purposes. B.Whenever any change in the use,occupancy or construction of any premises or purposes as hereinabove defined require any increased fire and hydrant protection,the owner, owners or person in charge of such premises shall proceed promptly toward securing adequate protection and aU such installation or changes to be completed providing for such increased fire protection,prior to the use or occupancy of such facilities. C.Unlawful Conduct:It shall be unlawful for any person to own,occupy or use any building or structure as hereinabove defined in Section 8-4-24B,Section 8-4-24C and Section 8-4- 24.D unless such building or structure is located within one hundred sixty five feet (165')of any fire hydrant. D.Violation;Penalties:Any person violating any provision or tenn of this Section shall, upon conviction thereof,be punished by a fine of not more than five hundred dollars ($500.00)or by imprisonment for not more than ninety (90)days,or by both such fine and imprisonment. SECTION XXI.Sections 8-4-39,8-4-4I.A through C,8-4-42,8-4-43 and 8-4-45 of Chapter 4,Water.of Title VIII (Health and Sanitation),of Ordinance No.4260 entitled "Code of General Ordinances of the City of Renton,Washington II are hereby deleted. 17 ORDINANCE NO.4723 SECTION XXU.Sections 8-5-2.C and D of Chapter 5,Sewers,of Title VIII (Health and Sanitation),of Ordinance No.4260 entitled "Code of General Ordinances of the City of Reoton, Washington"are hereby deleted. SECTION xxm.Sections 8-5-3 and 8-5-15.C of Chapter 5,Sewers,of Title VIII (Health and Sanitation),of Ordinance No.4260 entitled "Code of General Ordinances of the City of Renton,Washington"are hereby amended to read as follows: 8-5-3:PRIVATE SEWAGE DISPOSAL: A Connection to City Sewer Required:Pursuant to RCW 35.67.190,all property owners within the area served by a sewerage system shall be compelled to connect their private drains and sewers with the sewerage system,or suffer a penalty.Connection to the public sewer system shall not be compulsory except under those situations detailed in WAC chapter 246-272-070, as may be amended from time to time,or City Code section 4-6-040.A. B.Optional Sewer Fee Without Connection:Any property owner not compelled to connect to the sewerage system and choosing not to connect to the City sewerage system shall be penalized an amount equal to the charge that would be made for sewer service if the property was connected to the sewerage system.All such penalties shall be considered revenue of the sewerage system. 8-S-1S.C:Service Outside Of City:The rates to such special users shall be one and one-half (l 1/2)times the basic City rates applicable to resident users for similar services plus any montWy fees levied by Metro except that such exemptions and discounts as provided in sections 8-4- 32,8-5-15.DA and 8-5-15.D.5 shall likewise apply to these rates. i8 ORDINANCE NO.4723 SECTION XXIV.Sections 8-5-4,8-5-6, 8-5-7, 8-5-8,8-5-13,8-5-17, 8-5-18,8-5-19 and 8-5-21 nf Chapter 5,Sewers,of Title VIII (Health and Sanitation),of Ordinance Nn.4260 entitled "Code of General Ordinances of the City of Reoton,Washington"are hereby deleted. SECTION XXV.Sectinns 9-1-2.B and 9-1-5.A.I nf Chapter 1,Easements,of Title IX (public Ways and Property),of Ordinance No.4260 entitled llCade of General Ordinances of the City of Reo ten,Washington"are hereby amended to read as follows: 9-1-2.B:Upon the filing of the petition with the City Clerk the petitioning owners shall simultaneously pay an easement filing fee,specified in section 4-1-180.D to compensate the City for administrative costs and expense in processing,checking and handling such application.This fee may be waived by Council action. 9-1-5.A.1:Easement Release Process:This applicant shall pay an easement release processing fee in an amount as set forth in section 4-1-180.D to defray the remaining administrative costs of processing and completing the proposed easement release.This fee may be waived by Council action. SECTION XXVI.The lead in paragraph of section 9-2-4 of Chapter 2,Excess Right-of- Way Use,of Title IX (public Ways and Property),of Ordinance No.4260 entitled "Code of General Ordinances of the City of Renton,Washington"is hereby amended to read as follows: 9-2-4:Fee Determined:When an application is approved,the Board shaD determine a non-refundable fee as established by ordinance for the temporary use of the right of way.The fee shall be as stipulated in section 4-1-180.E. 19 ORDINANCE NO.4723 SECTION XXVII.Sections 9-5-2.F and 9-5-12 of Chapter 5.Latecomer's Agreements, of Title IX (public Ways and Property),of Ordinance No.4260 entitled "Code of General Ordinances of the City ofRenton,Washington"are hereby amended to read as follows: 9-5-2.F:(Latecomer's)Application:Payment of fuU amount of nonrefundable processing fee pursuant to section 4-1-180.A. 9-5-12:(Latecomer's)Fees:There shall be paid to the City a non-refundable processing fee as set forth in section 4-1-180.A. SECTION XXVDI.Section 9-5-16 of Chapter 5,Latecomer's Agreements,of Title IX (public Ways and Property),of Ordinance No.4260 entitled "Code of General Ordinances of the City of Renton,Washington"is hereby repealed. SECTION XXIX.Sections 9-10-3,9-10-10 and 9-1O-12.B of Chapter 5,Latecomer's Agreements,of Title IX (public Ways and Property),of Ordinance No.4260 entitled "Code of General Ordinances of the City of Reo ton,Washington"are hereby repealed. SECTION XXX.Chapter 12,Subdivision Ordinance,of Title IX (Public Ways and Property),of Ordinance No.4260 entitled ItCode of General Ordinances of the City of Renton, Washington"is hereby deleted. SECTION XXXI.Section 9-13-2 of Chapter 13,Trees and Shrubbery,of Title IX (public Ways and Property),of Ordinance No.4260 entitled "Code of General Ordinances of the City of Renton,Washington"is hereby repealed. SECTION XXXII.Sections 9-14-2.B,9-14-5.A and 9-14-5.D of Chapter 14,Vacations, of Title IX (public Ways and Property),of Ordinance No.4260 entitled "Code of General Ordinances of the City of Renton,Washington"are hereby amended to read as follows: 20 9-14-2.B: ORDINANCE NO.4723 Filing Fee:Upon the filing of the petition with the City Clerk,the petitioning owners shall simultaneously pay a street vacation filing fee in the amount stipulated in section 4-1- 180.G to compensate the for administrative cost and expense in the processing,checking and handling such application,which fee shall likewise include the publication and posting expense for any notice pertaining to the vacation. 9-14-5.A:Street Vacation Process: Applicant shall pay a street vacation processing fee in the amount stipulated by section 4-1- 180.G to defray the remaining administrative costs of processing and completing the proposed vacation. 9-14-S.D:Financial Incentives for Area A of the Automall Improvement Area: All street vacation fees and compensation for right of way may be waived by the City Council for developing properties in Automall Improvement Area A (that area bounded by Grady Way South, Rainier Avenue South,1-405,and Lind Avenue South)·when: 1.The properties are designated to be vacated on the Automall Improvement Plan Map (Resolution No.3182), 2.The application for street vacation conforms to Section 9-14-11, Administrative Procedure for Right of Way Dedication,and 3.The uses proposed conform to Section 4-2-6,Zoning Use Table. SECTION XXXID.Section 9-15-6 of Chapter 15,Weeds and Noxious Matter,of Title IX (public Ways and Property),of Ordinance No.4260 entitled "Code of General Ordinances of the City of Renton,Washington"is hereby repealed. 21 ORDINANCE NO.4723 SECTION XXXIV.Sections 9-16-6.A and B of Chapter 16.Special Assessment Districts. of Title IX (public Ways and Property),of Ordinance No.4260 entitled "Code of General Ordinances of the City of Rentan,Washington"is hereby amended to read as foUews: A.City Participation:The City may participate in a street latecomer's area where the City has joined in the financing of the road improvements that will benefit undeveloped properties. The City may be reimbursed for its investment in the road improvements in the same manner as would be the holder of a private latecomer agreement.Improvements that benefit the general public may be subject to a special assessment district (City-held latecomer's agreement)including future benefit areas.Interest on any City held latecomds agreement shall accrue at the rate calculated, pursuant to City Code Section 9-16-7. B:Other Fees Charged by the City:The City may hold and charge certain other fees similar to special assessment district charges which are commonly referred to as "system development charges"pursuant to sections 8-2-7,8-4-41 and 8-5-17 of the City Code and/or "private latecomer charges",pursuant to section 4-1-180.A. SECTION XXXV.Sections 9-16-8 of Chapter 16,Special Assessment Districts,of Title IX (public Ways and Property),of Ordinance No.4260 entitled "Code of General Ordinances of the City of Renton,Washington"is hereby repealed. SECTION XXXVI.This Ordinance shall be effective upon its passage,approval,and thirty (30)days after publication. PASSED BY THE CITY COUNCIL this 11th day of May,1998. ~~~---- 22 ORDINANCE NO.4723 APPROVED BY TIIE MAYOR thi,11th day of May,1998. Approved as to fonn: Lawrence 1.Warren,Cit Attorney Date ofPub lie ation:5/15/98 (Sununary) ORO.716:4/16/98:a,. 23