HomeMy WebLinkAbout2509 Transient Accommodations Fire Safety EnforcementOrainance No.
AN ORDINANCE OF THE CITY OF PORT TOWNSEND AMENDING
SECTION 15.08.190, ENFORCEMENT, OF CHAPTER 15.08, FIRE
SAFETY REQUIREMENTS FOR CERTAIN TRANSIENT
ACCOMMODATIONS, OF THE PORT TOWNSEND MUNICIPAL CODE
TO ESTABLISH NEW LAND USE ADMINISTRATION AND
ENFORCEMENT.
WHEREAS, the City Council desires to update the enforcement and penalties provisions
of the fire code and give the Fire Chief additional enforcement authority; and
WHEREAS, the City Council desires to create one uniform enforcement procedure in
order to make the process easier for the public to understand and City staff to implement,
NOW, THEREFORE, the City Council of the City of Port Townsend does ordain as
follows:
Section 1. Section 15.08.190, Enforcement, of Chapter 15.08, Fire Safety
Requirements for Certain Transient Accommodations, of the Port Townsend Municipal Code is
hereby amended to read as follows:
15.08.190 ~ Annual inspection -Violations and penalties.
A.. An annual inspection shall be provided by the fire department to ascertain continued
compliance with the regulations contained herein. Noncompliance orders will be provided the
owner and/or manager of the transient accommodation citing deficiencies in writing, together
with the remedy required and the time frame for compliance. The fire department shall cause
any unfulfilled noncompliance inspection orders to be forwarded to the planning and building
department for action under license or conditional use recision or denial procedures.
B. Chapter 20.10 Applicable. All violations of any provision of this chapter or
incorporated standards, or of any permit issued hereunder, are made subject to the provisions
of Chapter 20.10 PTMC. The fire chief, or his or her designee ("fire chief"), is authorized to
order correction and discontinuance of any violative condition of the provisions of this chapter
under the procedures of Chapter 20.10 PTMC, which provide for voluntary correction orders,
formal notice and orders to correct the violation, abatement orders, stop work and emergency
orders and assessment of civil penalties.
C. Order tO Cease Violation. Whenever any such violative condition is found, pending
c0mmencem~nt and completion of the voluntary Correction and/or notice and order procedures
of Chapter 20.10 PTMC, the fire chief may order the cessation of activity causing the violative
condition by notice in writing served on or mailed to the person(s) engaged in or causing such
condition, The effect of such order shall be to require immediate cessation of any activity
causing the violative condition. Such order shall not be affected by any right of ap_t~al afforded
by this or any other code provision.
D. Public Nuisance. All violations of this chapter and standards required thereby, are
determined to be detrimental to the public health, safety, and welfare and are public nuisances.
All conditions which are determined by the fire chief to be in violation of this chapter or
standards required thereby, shall be subject to the provisions of this chapter and shall be
corrected by any reasonable and lawful means, as provided in Chapter 20.10.
E. Alternative Remedies. As an alternative tO any other judicial or administrative remedy
provided in this chapter or by law or other ordinance, any person who willfully or knowingly
violates or fails to comply with any stop work order or emergency order, issued pursuant to
Chapter 20.10 PTMC is guilty of a misdemeanor and upon conviction shall be punished as
provided in Section 20,10.060, PTMC, Each day such violation or failure to comply continues
shail be considered an additional misdemeanor offense.
(Ord. ~_COq § 1, 1996; Ord. 2198 § 19, 1990).
Section 2. Severability. If any clause, sentence, paragraph, section or part of this
Ordinance or its application to any person or circumstance is held to be invalid or
unconstitutional by a court of competent jurisdiction, such order or judgment shall not affect the
validity or constitutionality of the remainder of any part of this Ordinance. To this end, the
provisions of each clause, sentence, paragraph, section or part of this law are declared severable.
This ordinance shall become effective March 1, 1996, upon its approval and publication in
the form and manner required by law.
Read for the first, second, and third times and passed by the City .~, uncil of the City of Port
Townsend, Washington, at a regular meeting thereof, held this ~0~' itay of February, 1996.
Attest:
01/30/96 [95-021] Ord\Enforce{EnflS08.doc}
Julie ~Cull~h, Mayor
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