HomeMy WebLinkAbout4047 Ordinance ORDINANCE NO. Z4 O Lf7
AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON
AMENDING TITLE 16 OF THE PASCO MUNICIPAL CODE, REGARDING
TIME LIMITATION OF BUILDING PERMIT APPLICATIONS; AND
DECLARING AN EMERGENCY FOR IMMEDIATE ADOPTION.
WHEREAS, Title 16 of the Pasco Municipal Code ado certain isions of the
International Building Code regulating time limitations of buil ' p it applica s; and
WHEREAS, Section 105. 3.2 of the Interna ' 1 Bui ' g e ishes a time
period of valid applications at six months; and
WHEREAS, A six month validity p d presents e d period of vesting that
prevents implementing lawfully establis am ments and ions to the Pasco Municipal
Code: and
WHEREAS, A validity ri six the ecessitates the City amend Title 16 of the
Pasco Municipal Code djust t ti ti for building permit applications; and
WHERE Sect' 105. of the International Building Code allows extensions of the
validity period by th ing Offi 1 where just cause is shown; and
WHEREAS, du the pending adoption of the school impact fees by the City Council
to meet the School Dist ct's urgent need for new facilities as a result of unexpected and
extraordinary student enrollment which resulted in the Pasco School District declaring that there
is insufficient provisions available in new schools and school grounds to meet new development,
creating an emergent need to develop a means to mitigate the impact on the schools and still
provide needed housing opportunities within the City; and
WHEREAS, the City has no application fee for submitting building permit applications
which are presently valid for a six-month period which may vest those that secure the permits
prior to the effective date of the school impact fee to circumvent the payment of the fee resulting
in a significant loss of needed impact fees; and
WHEREAS, with an increased number of building applications and inquiries of securing
building permit applications prior to the effective date of the impact fee, it is evident that such
widespread avoidance of the school impact fee will significantly thwart to the purpose of the
impact fee and greatly reduce the revenues from the impact fee to the District to alleviate this
crisis, and that such circumstances constitute an emergency requiring the immediate
implementation of this ordinance for the protection of the public property; NOW, THEREFORE
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO HEREBY
ORDAIN AS FOLLOWS:
Section 1. That Chapter 16.04.030 of the Pasco Municipal Code entitled "Amendment of
IBC Section 105.3.2" shall be and the same is hereby created and shall read as follows:
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16.04.030 AMENDMENT OF IBC SECTION 105.3.2. Section 105.3.2 of the
International Building Code shall be amended to read as follows: Time limitation of building
permit application. An application for a permit for any proposed work or construction regulated
by Title 16 of the Pasco Municipal Code shall be deemed to have been abandoned 30 days after
the date of acceptance by the City of Pasco unless such application has been pursued in good
faith or a permit has been issued, except that the building o icial is aut ed to grant one or
more extensions of time for additional periods not exceeding 30 dayagINT4111kextension shall
be requested in writing and justifiable cause demonstrated
Section 2. The City Council finds that the im to adop of th' rdinance is
necessitated for the protection of the public propert prev inap avoidance of
payment of the school impact fee that would otherwise b y the de d effective date of
this Ordinance. Such delay would result in &potential of si ' ant financial resources
available to the Pasco School District to ee a demands development and frustrate
the intent and purpose of the school imp a ees, thereby co itutes an emergency requiring
the immediate adoption of this O inance p an RC A.13.190.
Section 3. T ' Ordi ne 11 to ful force and effect immediately upon its
passage.
PASSED e oft ajority plus one of the City Council of the City of Pasco
this_day of Marc 2.
Matt Watkins, Mayor
ATTEST:
Debra Clark, City Clerk Leland B. Kerr, City Attorney
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