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HomeMy WebLinkAbout2017-004 Fire Debris Notification and Removal; YMC Amendment 10.05.145ORDINANCE NO. 2017-004 AN ORDINANCE amending the City of Yakima Municipal Code, Title 10.05, Fire Code, Section 10.05.145: Removal of debris after fire. WHEREAS, the removal of fire debris after premises fires is required under Yakima Municipal Code 10.05.145; and WHERAS, there are limited cases where property owners fail or refuse to follow the timelines outlined in the code section, forcing the City to take action against the property to make it safe; and WHEREAS, the code section should be clarified to specify the collection actions that may be taken, the lien rights of the City, and the appeal rights of property owners; and WHEREAS, the City Council of the City of Yakima finds that it is in the best interest of the City and its residents to amend the Yakima Municipal Code to clarify the actions of the City as well as the options and appeal rights of property owners; now, therefore, BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1. Section 10.05.145: Removal of debris after fire, shall be amended to read as follows: 10.05.145 Removal of debris after fire. A. Any person having under his control or in his possession upon any premises in the city any substances or debris which have been rendered useless or unmerchantable by reason of any fire on the premises must remove the same within forty-eight hours after notice to do so has been given by the chief of code administration to such person. B. Whenever any building or other structure in the city is partially burned, the owner thereof, or the person in charge or control thereof, shall, within ten days after notice from the chief of code administration remove all refuse, debris, and partially burned lumber from the premises; and if the building or structure is burned to such an extent that it cannot be repaired, as provided by this code or the building code, the owner of the property upon which it is located, or the occupant thereof shall, within ten days after notice from the chief of code administration remove all the remaining portion of the building or structure from the premises. C. Notice is effective if hand delivered, or, in the alternative, if posted on the property and sent certified and regular mail to the owner of the property as listed in the Yakima County real property records. D. In the event notice is provided and the property owner fails to take the steps necessary to remove refuse, debris, partially burned lumber or anything else outlined in the notice that must be removed pursuant to this Section, the City shall take such steps as are necessary, including, but not limited to, hiring a third party, to take all actions outlined in the Notice. All costs and fees associated with the City taking such action shall be paid by the property owner. If the costs and fees are not paid within thirty (30) days of receipt of an invoice, the, the costs and fees shall become a lien on the property and the costs of filing and recording such lien shall be added to the total amount due and owing by the property owner. E. Any notice may be appealed to the building code Board of Appeals, pursuant to the International Building Code, Section 113, as adopted by reference, and as amended, in the Yakima Municipal Code. During the period of appeal the property owner shall secure the building or structure to ensure that no one enters or can access the burned structure or building, at the property owner's expense. F. The City may allow a property owner to enter into a written consent and waiver form which waives any claims of damages, notice requirements or appeal rights, and consents to the City taking action to remove refuse, debris or partially burned lumber, or any other substances or debris needing to be removed under this section. Such consent shall also include a consent that a lien in the amount of the actual cost to remove such refuse, debris, partially burned lumber or any other substances, the costs of filing the lien, and any other costs consented to by the parties, shall be filed and recorded against the property if the City's costs are not paid within thirty (30) days of being invoiced. (Ord. 2016-011 § 1 (Exh. A) (part), 2016: Ord. 2012-27 § 1 (Exh. A) (part), 2012: Ord. 2354 § 13, 1979: Ord. 1109 § 9, 1969). Section 2. This ordinance shall be in full force and effect 30 days after its passage, approval, and publication as provided by law and by the City Charter. PASSED BY THE CITY COUNCIL, signed and approved this 17th day of January, 2017. ATTEST: Kathy ClQ.A Sonya ClOr Tee, City Clerk Publication Date: January 20, 2017 Effective Date: February 19, 2017 ITEM TITLE: SUBMITTED BY: BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDASTATEMENT Item No. 6.H. For Meeting of: January 17, 2017 Ordinance amending Section 10.05.145 of the Fire Code to provide for specific procedures to notify property owners of the need to remove fire debris, and clarify collection, lien and appeal rights associated with the failure to remove fire debris Joe Caruso, Code Administration Manager Sara Watkins, Senior Assistant City Attorney SUMMARY EXPLANATION: Section 10.05.145 requires that debris from fires must be removed from property within a specified period of time. The code, however, did not specify what happens to property owners if they fail to remove fire debris in that time, whether the City can remove the fire debris, and the lien and collection rights of the City. The proposed amendment to Section 10.05.145 clarifies this procedure, as well as outlines appeal rights of property owners. ITEM BUDGETED: STRATEGIC PRIORITY: APPROVED FOR SUBMITTAL: NA Public Safety STAFF RECOMMENDATION: Pass ordinance. BOARD/COMMITTEE RECOMMENDATION: The Public Safety Committee recommended this be brought to the full Council at its November 3, 2016 committee meeting. ATTACHMENTS: 0 Description Ordinance -Amending YMC Sec. 10.05.145-Remmel of Debris After Fire -Redline Ordinance -Amending YMC Sec, 10.05.145-Remmalof Debris After Fire -FINAL Upload Date 12/28/2016 12/28/2016 Type Ordinance Ordinance ORDINANCE NO. 2017 - AN ORDINANCE amending the City of Yakima Municipal Code, Title 10.05, Fire Code, Section 10.05.145: Removal of debris after fire. WHEREAS, the removal of fire debris after premises fires is required under Yakima Municipal Code 10.05.145; and WHERAS, there are limited cases where property owners fail or refuse to follow the timelines outlined in the code section, forcing the City to take action against the property to make it safe; and WHEREAS, the code section should be clarified to specify the collection actions that may be taken, the lien rights of the City, and the appeal rights of property owners; and WHEREAS, the City Council of the City of Yakima finds that it is in the best interest of the City and its residents to amend the Yakima Municipal Code to clarify the actions of the City as well as the options and appeal rights of property owners; now, therefore, BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1. Section 10.05.145: Removal of debris after fire, shall be amended to read as follows: 10.05.145 Removal of debris after fire. A. Any person having under his control or in his possession upon any premises in the city any substances or debris which have been rendered useless or unmerchantable by reason of any fire on the premises must remove the same within forty-eight hours after notice to do so has been given by the chief of code administration to such person. B. Whenever any building or other structure in the city is partially burned, the owner thereof, or the person in charge or control thereof, shall, within ten days after notice from the chief of code administration manager, remove all refuse, debris, and partially burned lumber from the premises; and if the building or structure is burned to such an extent that it cannot be repaired, as provided by this code or the building code, the owner of the property upon which it is located, or the occupant thereof shall, within ten days after notice from the chief of code administration manager, remove all the remaining portion of the building or structure from the premises. (Ord. 2016 011 § 1 (Exh. A) (part), 2016: Ord. 2012 27 § 1 (Exh. A) (part), 2012: Ord. 235'1 § 13, 1979: Ord. 1109 § 9, 1969). C. Notice is effective if hand delivered, or, in the alternative, if posted on the property and sent certified and regular mail to the owner of the property as listed in the Yakima County real property records. D. In the event notice is provided and the property owner fails to take the steps necessary to remove refuse, debris, partially burned lumber or anything else outlined in the notice that must be removed pursuant to this Section, the City shall take such steps as are necessary, including, but not limited to, hiring a third party, to take all actions outlined in the Notice. All costs and fees associated with the City taking such action shall be paid by the property owner. If the costs and fees are not paid within thirty (30) days of receipt of an invoice, the, the costs and fees shall become a lien on the property and the costs of filing and recording such lien shall be added to the total amount due and owing by the property owner. E. Any notice may be appealed to the building code Board of Appeals, pursuant to the International Building Code, Section 113, as adopted by reference, and as amended, in the Yakima Municipal Code. During the period of appeal the property owner shall secure the building or structure to ensure that no one enters or can access the burned structure or building, at the property owner's expense. &F. The City may allow a property owner to enter into a written consent and waiver form which waives any claims of damages, notice requirements or appeal rights, and consents to the City taking action to remove refuse, debris or partially burned lumber, or any other substances or debris needing to be removed under this section. Such consent shall also include a consent that a lien in the amount of the actual cost to remove such refuse, debris, partially burned lumber or any other substances, the costs of filing the lien, and any other costs consented to by the parties, shall be filed and recorded against the property if the City's costs are not paid within thirty (30) days of being invoiced. (Ord. 2016-011 § 1 (Exh. A) (part), 2016: Ord. 2012-27 § 1 (Exh. A) (part), 2012: Ord. 2354 § 13, 1979: Ord. 1109 § 9, 1969). Section 2. This ordinance shall be in full force and effect 30 days after its passage, approval, and publication as provided by law and by the City Charter. PASSED BY THE CITY COUNCIL, signed and approved this 17th day of January, 2017. ATTEST: Kathy Coffey, Mayor Sonya Claar Tee, City Clerk Publication Date: Effective Date: