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HomeMy WebLinkAbout2184A Requiring Connection of Sewers to Previously Unoccupied BuildingsORDINANCE NO. ~]~,~ AN ORDINANCE RELATING TO WATER AND SEWERS; AMEND- ING SECTION 13.08.050 OF THE PORT TOWNSEND MUNI- CIPAL CODE PERTAINING TO THE RE©UIRED CONNECTION OF SEWERS TO PREVIOUSLY UNOCCUPIED BUILDINGS; AND ESTABLISHING AN EFFECTIVE DATE THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND, IN REGULAR SESSION ASSEMBLED, DO HEREBY ORDAIN AS FOLLOWS: Section 1. Section 13.08.050 of the Port Townsend Municipal Code is hereby amended to read as follows: "13.08.050 Connection of _previously unoccupied building. Any building hereafter constructed or made available for human occupation and use upon a lot or parcel or real estate capable of being served as defined in Section 13.08.025 shall, (w~-~e~¥-~a¥-a~e~-a~a~-~ a-~e-~ew~-Re~-~a~-~a~-~e~-~a~-~) prior to occupancy of said premises (w~e~-~e~-g~-~~), be connected to the sewer system of the city. Sewag~ service rates and charges shall commence upon the date of connection to the sewer system,/' Section 2. Section 4.03 of Ordinance No. 1527 together with Secti'6n' 13¥08'.'120 of the Port Townsend Municipal Code are hereby amended to read as follows: "13.08.120 Validity o? p~rmit -- Renewal. (~®-R~-~~ ~e~-~-~a~e~-~Aa~-~e-~a~-~e~-a-~e~e~-~-~e~e~ &~e~e~-~-~,a~&e~-~Ae~e~e~-~ew-~,-~Ae-eA~a- -- 1 -- Eve,r,y, permit ji~ss.u, ed,~under .this_~chap~er ~S,h.all expir~e by limitation and become null and void if the work authorized by such permit is not commenced wit. hin,,,, mone hundr.e.d, eighty daYS from the date of su,ch p~ermit, Or~ .i~f_.~he work authorized by the per- mit is suspended or abandoned at a.ny time after the work has commenced for a .p.e.F.io..d_..o£ ~n_e hund.~ed_i._.eighty d_ays or .1..onger. In the .c~sp.....gf. s~spended or abandoned work, be- fore such work can be re-commenced, .a~ n..ew permit shall be first o,.btained _~,o do,,,,,so,, a,,.n.? th,e fee therefor shall be one-half the amount requir~ed for a. new permit for such wp. rk, provided no changes have been made or will be made in the origina!_ plans....a~nd specifications for the work, and provi_ded further that such suspension .or abandonment has not exceeded one year~.... I..n .all other cases, in order to ren..e.,w action on a permit after, exp.ira,t,i?.n,~ the permittee shall pay a new full permit fee. .A..ny permitt,~e, hold~ing an unexpired permit may apply for an extension of the time 'within which he may commence ..w_o.rk .u.n~er..that p, ermit when he is U.~..a~l.e_. _~_o commence work w..ith~imn, the ti~m_e req_uire, d b~ this section for good and sat- ..i. sf.,a,ct,o?.y rea, son~.,,,. Th~e_.permit may be extended for a time not exceeding an_ additional one hdndre~d ~ightY days upon. written r~_quest by ~he p~ermittee showing circumstances be- yond the control of the p~e_r.~ittee wh.ich .h~ve...prevented ac- tion from. being taken. No permit shall be extended more than one time. - 2 - In t~he case of~ any c~n~st?ucti.o.n~.~.~,for whiQ~..a~..~bui~ding ?er,mit is requi?ed, the, ~s,i,d~. sewer permit shall be ap. plied for and iss_u_ad s_imultaneo_u~ly with the building permit." S.~c~tion 3. Section 5.02 of Ordinance 1527 together with Sec- tion 1~.08.1B5 of the Port Townsend Municipal Code are each hereby amended to read as follows: "1~3.08.135 Notification of superintendent. ~u.pon comple~t~ion of work/connectio~/~enalty_~an~d PrOced_ure~ ~for~ ~fai!~re _tp do. s_~o (a) Any person performing work under permit pursuant to the provisions of this chapter shall notify the superintendent when the work will be ready for inspec- tion and shall specify in such notification the location of the premises by address and the file number of the per- mit. The superintendent or a member of his staff shall make such inspection within forty-eight hours after receipt of notice, excluding Saturday, Sunday or holidays. (b) Any person,.~ inc~luding but not limited to anM side sewer~ co~tractor,, performing w.~r.~......~u.n.d.,e.r., permit pursuant to thins chapter_ shall alsp not_~ify ....t..h..~ SMp.erin~.en- _den_t in writing, no late~r _th_a_n_~se_ven days after the connec- ~t~ip_n.. i~s _ma_d~a that the connection to thee premises has been made. .The n_Q_tice shall include .t~e.proper.t_y__own.e.r's name, the address of the p??mis_e_s, and _the file number of the permit.. ~The..sup.e.r. in~en~de~nt shall th.e_n~ ..~.O.t.~ifM the City Utilities of fi. ce_, for.P.~,rpose.s o.f. _commencement of sewer service ch_arge.s. Notwiths~.ta~d~ng any. other provision of this chap~te?_,~ anM p~e~rson vip_lathing th..i..~.,.~bs_ect.i.?.n- _shall be~ guilty of an infraction and incur a ~i¥il .p.e~a~ty in - $ - the amount qf fifty, dol_l.a~.s,.~ plu_s_ o~_e ._.d..olla.r_ per each _day a.~t.~,.~..~even days_t~at.~u~.h_.notic_e is not given, A notice of infraction a~co~d,ap~ ~i set forth in o f t h.~..P.p r.t .T may .b~e issued bM th.e__.su?erirtten.dant~. _ e ,C,ity Atto_rn_e.y.,. a~d shall be prosecuted in t.h appli.c~abl.?...~purt rules and the pr.oc~edure Section 8.04.410 through 8.04;43.0.,. inclusive~ o.wn~_end M~u~ni.cipa~! ,.Code, ._as _np_w.. or hereafter amended. .!.,.c) Whenever a mon_~_ary p_en~l.ty is imposed purs~a..n..t.~p..subs.ect!on (b_)..of...,~h. is section, i.t. shall be due immed~at.e.ly,..a.nd, _i_f_n0t paid within ninety day. s~, the, City may t.ake_such action as permitted by law to collect the sam. e... Zn_...additipn, in the case of a licensed side sewer_ cont?a_c_tor, ~f.a..ilure to pay .S.~ch penal_ty within ninety, days or.. incurr$.ng~.three such violations shall be ~rounds for th.e Ci~x...to reMoke the side sewer contractor's licens~ upon thirt~_~ay.s' ~otice and after opportunit~__fp~ ,h?ar. ing bef.or,e._the su~,,er,in,t, endent within such 30-day_ periqd_.~" Section 4. S~verabi!~ty. In the event any one or more of the provisions of this ordinance shall for any reason be held to be in- valid, such invalidity shall not affect or invalidate any other pro- vision of this ordinance, but this ordinance shall be construed and enforced as if such invalid provision had not been contained therein; provided, that any provision which shall for any reason be held by reason of its extent to be inavlid shall be deemed to be in effect to the extent permitted by law. Section 5. Effective Date. This ordinance shall become effec- tive f~ve' d~y's afte'r i~s passage and publication as provided by law. Read for the first time on ~g~ ~ , 1990, and for the second and third times and passed by the City Council for the City of Port Townsend, Washington, at a regular meeting thereof, held this __~ day of ~~ , 1990. - 4 - Attest: David A. Grove, City Clerk Approved as to form: Keith C. Harper, ~City Attorney Mayor Brent Shirley - 5 -