Chapter 170 – CODE ADMINISTRATION

170.05    User Guide

170.10    Permits Issued by Building Official – Responsibility Prior to Issuance of Permit

170.15    Permits Issued by Building Official – Certificate of Occupancy

170.20    Code Enforcement

170.25    Variance, Permit, Decision or Discretionary Approval – General

170.30    Variance, Permit, Decision, or Discretionary Approval – Voiding

170.35    No Personal Liability for Acts or Omissions

170.40    Interpretations of This Code – General

170.45    Interpretations of This Code – Appeal

170.50    Conflict of Provisions

170.55    Easement Agreements Approved by the City Attorney

170.05 User Guide

This chapter contains a variety of provisions generally pertaining to the administration and enforcement of this code. Specifically, this chapter contains provisions in the following areas:

1.    Code administration.

2.    Code enforcement.

3.    Status of discretionary decision.

4.    Liability of employees and others.

5.    Code interpretations and appeals.

6.    Conflict of provisions.

7.    Recording of easements.

170.10 Permits Issued by Building Official – Responsibility Prior to Issuance of Permit

1.    General – The Building Official may not issue a permit to conduct any activity or to erect or alter any structure that does not conform to this code.

2.    Required Information – The Building Official shall distribute to each applicant for a permit issued by that Official a list, prepared by the Planning Official, of all of the information and renderings required by this code.

3.    Responsibility of Building Official – Upon receiving an application for any permit that is not exempt under subsection (7) of this section, the Building Official shall send the application and all relevant information to the Planning Department. The Building Official may not issue the permit until the permit application has been signed by the Planning Official.

4.    Responsibility of the Planning Official – Upon receiving an application for a permit routed from the Building Official, the Planning Official shall promptly review it and make any necessary field inspection to determine whether the proposed development or activity complies with this code.

5.    Additional Information – The Planning Official may require the applicant to provide any information or renderings required by this code, or any other information or renderings that are reasonably necessary to determine if the proposed development or activity complies with the provisions of this code.

6.    Authorization by Planning Official – The Planning Official shall sign the permit application if the proposed development or activity conforms to the provisions of this code.

7.    Permits Exempted from Review by the Planning Director – The Planning Director may specifically exempt categories of permits issued by the Building Official from the Planning Department review requirements of this section. The Building Official shall review applications for exempted permits for compliance with this code.

170.15 Permits Issued by Building Official – Certificate of Occupancy

1.    General – It is unlawful to occupy a building or conduct a use requiring a certificate of occupancy unless the Planning Official has approved the certificate of occupancy for that building or use.

2.    Responsibility of Building Official – Upon receipt of a request to issue a certificate of occupancy, the Building Official shall promptly notify the Planning Official of the request. The Building Official may not issue a certificate of occupancy until he/she receives written approval from the Planning Official.

3.    Responsibility of the Planning Official – Upon receiving notice from the Building Official of a request for a certificate of occupancy, the Planning Official shall promptly review the request, and if necessary, conduct a field inspection to determine if the structure or use conforms to this code.

4.    Issuance of the Planning Official Approval – The Planning Official shall sign and forward to the Building Department the Certificate of Occupancy if the building or use conforms to this code.

170.20 Code Enforcement

For code enforcement procedures and penalties for violations of this code see Chapter 1.12 KMC.

170.25 Variance, Permit, Decision or Discretionary Approval – General

The City shall enforce the provisions, including any conditions or restrictions, of a variance, permit, decision, or discretionary approval issued under this code as if those provisions are part of this code.

170.30 Variance, Permit, Decision, or Discretionary Approval – Voiding

1.    General – Under the provisions of this section, the City may void any variance, permit, decision or discretionary approval granted or issued under this code.

2.    Review Process – The City, as the applicant, shall use the same process to determine if a variance, permit, decision, or discretionary approval should be voided as it used to grant the variance, permit, decision, or discretionary approval.

3.    Decisional Criteria – The City may void a variance, permit, decision, or discretionary approval only if it finds that:

a.    There have been repeated violations of any aspect, including conditions or restrictions, of the variance, permit, decision, or discretionary approval; and

b.    The detriment caused by the violations clearly outweighs any public benefit of the variance, permit, decision, or discretionary approval.

4.    Effect – If the City voids a variance, permit, decision, or discretionary approval, the City will apply and enforce the provisions of this code on the subject property, as if the variance, permit, decision, or discretionary approval had never been granted.

170.35 No Personal Liability for Acts or Omissions

Each person responsible for the enforcement or administration of this code and each member of a Committee, Board, Commission or Council responsible for making any decision or recommendation under this code is relieved from any personal liability whatsoever from any injury to persons or property as a result of his/her act or omission in the good faith discharge of his/her responsibilities. If the person or member is sued for acts or omissions occurring in the good faith discharge of his/her responsibilities, the City shall defend and provide legal representation to the person or member until final disposition of the proceedings. The City shall reimburse the person or member for any costs incurred in defending against alleged liability for the acts or omissions of the person or members in the good faith discharge of his/her duties.

170.40 Interpretations of This Code – General

1.    Criteria – The Planning Director may, acting on his/her own initiative or in response to an inquiry, issue interpretations of any of the provisions of this code. The Director shall base his/her interpretations on:

a.    The defined or common meaning of the words of the provision; and

b.    The general purpose of the provision as expressed in the provision; and

c.    The logical or likely meaning of the provision viewed in relation to the Comprehensive Plan.

2.    Effect – An interpretation of this code will be enforced as if it is part of this code.

3.    Availability – All interpretations of this code, filed sequentially, are available for public inspection and copying in the Planning Department during regular business hours. The Planning Official shall also make appropriate references in this code to these interpretations.

170.45 Interpretations of This Code – Appeal

1.    Who Can Appeal – Any person who is aggrieved by an interpretation issued by the Planning Director may appeal that interpretation at any time.

2.    How To Appeal – The applicant must file a letter of appeal indicating how the interpretation affects his/her property and presenting any relevant arguments or information on the correctness of the interpretation. The applicant shall include the appeals fee as established by ordinance.

3.    Applicable Procedures – All appeals of interpretations of this code will be reviewed and decided upon using the appeal provisions of Process I, described in Chapter 145 KZC.

4.    Effect – If the interpretation of the Planning Director is modified, the Planning Official shall:

a.    Place the modifying decision in the Interpretation File; and

b.    Change or remove, as appropriate, the interpretation that was modified; and

c.    Change the reference in this code to reflect the modification.

170.50 Conflict of Provisions

The standards, procedures, and requirements of the code are the minimum necessary to promote the health, safety, and welfare of the residents of Kirkland. The City is free to adopt more rigorous or different standards, procedures, and requirements whenever this becomes necessary. If the provisions of this code conflict one (1) with another, or if a provision of this code conflicts with the provision of another ordinance of the City, the most restrictive provision or the provision imposing the highest standard prevails.

170.55 Easement Agreements Approved by the City Attorney

In each case where the City requires an applicant to provide a public walkway, public use area, or other area, facility or structure that is open to the public, the applicant shall execute and record with the King County Bureau of Elections and Records an easement or similar document approved by the City Attorney.