The Director is hereby authorized to interpret and enforce the provisions of this code and all technical codes referenced herein or incorporated by this code, and to adopt and amend policies and rules in order to apply the provisions of this code, including the “University Place Standard Notes and Details” and the “University Place Submittal Requirements” referenced herein.
(Ord. 395 § 3, 2003; Ord. 518 § 1, 2008)
In the case of a conflict between a general requirement and a specific requirement under this code, the specific requirement of this code shall govern. In the event of a conflict between a general requirement of another title of the UPMC and a specific requirement of this code, the specific requirement shall govern.
(Ord. 395 § 3, 2003; Ord. 518 § 1, 2008)
The provisions of this code are not intended to prevent the use of any material, alternate design or method of construction not specifically prescribed by this code. The Director may approve alternative materials and methods if, based upon evidence submitted in writing by the applicant, the Director determines that the proposed design is satisfactory and complies with the provisions of this code; is based on sound engineering principles; and that the material, method or work offered is, for the purpose intended, at least the equivalent of that prescribed in this code in suitability, strength, effectiveness, durability, safety and sanitation. Any alternative must be reviewed and approved in writing by the Director prior to construction.
(Ord. 395 § 3, 2003; Ord. 518 § 1, 2008)
A. 
Criteria. The Director may modify the requirements of this code after submittal of an application and approval of associated information, plans, and/or design data provided by the applicant. The application and associated information shall demonstrate to the satisfaction of the Director and City Engineer that: (1) the requested modification is based upon sound engineering principles; (2) strict application of the requirements of this code would impose an undue hardship on the applicant; (3) that the requirements for safety, environmental considerations, function, appearance, and maintainability are fully met; (4) granting the modification adequately protects the public health, safety, and welfare; and (5) granting the modification is in the best interest of the public.
B. 
Application. All applications for modifications shall be on a form provided by the City. All modifications must be approved by the Director in writing prior to the start of construction.
C. 
Notification.
1. 
Whenever the Director determines that a proposed modification has the potential to negatively impact surrounding properties, all adjacent property owners will be notified in writing of the application. The Director shall notify abutting property owners of the due date for any written comments about the application. The applicant shall be furnished a copy of all written comments from abutting property owners that will be considered by the Director in making a decision. Abutting property owners shall be mailed a copy of the decision.
2. 
The Director may require the notification of additional property owners if he determines they have a potential to be negatively impacted.
3. 
All costs associated with public notification shall be borne by the applicant.
D. 
Fees. All fees associated with a modification application shall be in accordance with the Department of Community and Economic Development Fee Resolution.
E. 
Expiration.
1. 
A modification application shall expire when the applicant fails to provide necessary documentation and/or correction necessary to issue a permit in compliance with this code within 180 days of a request to provide such documentation and/or correction. A modification application may be extended for a single period not exceeding 180 days provided the applicant submits a request in writing and demonstrates that circumstances beyond the control of the applicant have prevented completion of the request for documentation and/or correction.
2. 
An approved modification shall expire two years after permit issuance.
F. 
Extension of Modification. A modification approval may be extended for a period not exceeding 180 days provided the applicant submits a request in writing and demonstrates that circumstances beyond the control of the applicant have prevented completion of the work under the modification. No modification shall be extended more than once.
G. 
Suspension or Revocation. The Director may suspend or revoke any modification issued in error or on the basis of incorrect information supplied by the applicant. The Director may also suspend or revoke any modification when the applicant fails to comply with the provisions of the modification. Any modification applicant aggrieved by the Director’s decision to suspend or revoke a permit may appeal this action as provided in this chapter.
(Ord. 395 § 3, 2003; Ord. 518 § 1, 2008; Ord. 679 § 1 (Exh. A), 2016; Ord. 749 § 18, 2021)
Upon proper presentation of credentials, the Director or any duly authorized representative may, with the consent of the owner or occupant of a building, development, or premises, or pursuant to a lawfully issued inspection warrant, enter any building, development, or premises to perform the duties imposed by this code. Any applicant for a permit shall, as a condition of the permit, consent to entry of the Director or any duly authorized representative to inspect the building, development, or premises for compliance with the terms and conditions of the permit. In addition, the Director may enter any premises, with proper legal authorization, in the event of an imminent threat to the public health, safety, or welfare or to protect any persons or property.
(Ord. 395 § 3, 2003; Ord. 518 § 1, 2008; Ord. 679 § 1 (Exh. A), 2016)
A. 
Issuance. Whenever any work occurs contrary to the provisions of this code or there is a threat to the public health, safety, welfare, or property, the Director may issue a stop work order. The stop work order shall specify the violation and prohibit any work or other activity at the site until the Director authorizes the resumption of work in writing. The stop work order shall be served in writing to any person at the project site or posted prominently on the site in a conspicuous location to be determined by the Director.
B. 
Effect of Stop Work Order. It shall be unlawful to move, remove or deface any stop work order posted by the Director until the Director has authorized removal of the order. It shall be unlawful for any person to fail to comply with a stop work order issued by the Director.
(Ord. 395 § 3, 2003; Ord. 518 § 1, 2008)
A. 
Issuance. Whenever any work, use, or activity in violation of this code threatens the public health, safety, welfare, or property, the Director may issue an emergency order directing the work, use, or activity be discontinued and that the condition causing the threat be corrected. The emergency order shall specify the actions to be taken and the time for compliance. The emergency order shall be served in writing to any person at the project site and posted prominently on the site in a conspicuous location to be determined by the Director.
B. 
Compliance. It shall be unlawful to move, remove or deface any emergency order posted by the Director until the Director has approved, in writing, the corrective action and authorized removal of the order. It shall be unlawful for any person to fail to comply with an emergency order issued by the Director.
C. 
Agreement to Abatement by City. Any person who obtains a permit issued under this code agrees that the City may abate any condition for which an emergency order has been issued. The applicant shall be financially responsible for all costs incurred by the City in abating the conditions which caused the issuance of an emergency order.
(Ord. 395 § 3, 2003; Ord. 518 § 1, 2008)
It is unlawful for any person to do any of the following:
A. 
Perform or cause to be performed any work specified in this code upon any structure, land, or property within the City of University Place without first obtaining a permit or authorization as required by this code;
B. 
Perform or cause to be performed any work upon any structure, land, or property within the City of University Place in a manner not permitted by the terms or conditions of any permit or authorization issued pursuant to this code;
C. 
Misrepresent any material fact in any application, plans, or other information submitted to the City in conjunction with any permit or authorization issued under this code;
D. 
Fail to comply with any stop work order, emergency order, or other lawful order issued under this code;
E. 
Move, remove or deface any sign, notice, or order required by or posted in accordance with this code;
F. 
Fail to comply with any provisions of this code.
(Ord. 395 § 3, 2003; Ord. 518 § 1, 2008)
A. 
Criminal Penalties. Any person, association, firm, partnership, or corporation that violates any of the provisions of this chapter shall be guilty of a misdemeanor and upon conviction thereof, be penalized as provided in Chapter 1.15 UPMC.
B. 
Civil Penalties. In addition to any criminal penalties, any person who fails to comply with the provisions of this chapter shall be subject to a civil penalty in accordance with Chapter 1.15 UPMC.
C. 
Other Legal Remedies. Nothing in this chapter limits the right of the City to pursue other lawful, criminal, civil or equitable remedies to abate, discontinue, correct or discourage unlawful acts under or in violation of this chapter.
D. 
Enforcement action by the City shall be in accordance with Chapter 1.20 and/or 1.30 UPMC at the City's discretion.
(Ord. 395 § 3, 2003; Ord. 518 § 1, 2008; Ord. 688 § 1 (Exh. E), 2017)
A. 
Right to Appeal. Any person or entity aggrieved by any decision or order of the Director under this code, except a decision by the Director to seek redress in the courts through either civil or criminal remedies, may appeal the decision to the City of University Place Hearings Examiner pursuant to the provisions of UPMC Title 22 as enacted or hereafter amended. Appeals shall be filed in writing with the City within 14 days of issuance of the decision.
B. 
Effect of an Appeal. The filing of an appeal shall not act as a stay of the decision or order.
(Ord. 395 § 3, 2003; Ord. 518 § 1, 2008)
If any part of these regulations shall be found invalid, all other parts shall remain in effect.
(Ord. 395 § 3, 2003; Ord. 518 § 1, 2008)