HomeMy WebLinkAbout1980-2463 410 ORDINANCE NO. 0 74,VGi?
AN ORDINANCE relating to buildings; adopting by reference the
Uniform Code for the Abatement of Dangerous Buildings,
1979 Edition, by the International Conference of
Building Officials, and making amendments thereto;
defining terms; providing for the repair or demolition
of dangerous buildings; establishing procedures for
recovering the cost of such repair or demolition;
repealing Chapter 11.46, "Dangerous Buildings", and Sec-
tions 11.46.010, 11.46.020, 11.46.030, 11.46.040,
11.46.050, 11.46.060, 11.46.070, 11.46.080 and 11.46.090
thereof; and enacting new Chapter 11.46, "Dangerous
Buildings", and Sections 11.46.010, 11.46.020, 11.46.030,
11.46.040, 11.46.050, 11.46.060, 11.46.070. 11.46.080,
11.46.090, 11.46.100 and 11.46.110, all of the City of
Yakima Municipal Code.
WHEREAS, R.C.W. 35.21 180 authorizes cities and towns within
the State of Washington to pass ordinances adopting by reference
III compilations and codes, and
WHEREAS, the City Council of the City of Yakima has hereto-
fore examined and understands the scope and purpose of the regula-
tions of the Uniform Code for the Abatement of Dangerous Buildings,
1979 Edition, by the International Conference of Building Offi-
cials, and deems it in the best interests of the City that such
Code be adopted as the law of the City of Yakima, and
WHEREAS, three copies of such Code have heretofore been filed
in the office of the City Clerk of the City of Yakima ' for use and
examination by the public as required by law, now, therefore,
• BE IT ORDAINED BY THE CITY OF YAKIMA:
Section 1. Existing Chapter 11.46, "Dangerous Buildings", of
the City of Yakima Municipal Code and Sections 11.46.010, 11.46.020,
11.46.030, 11.46.040, 11.46.050, 11.46.060, 11.46.070, 11.46.080
and 11.46.090, constituting all sections thereof, are hereby
repealed.
Section 2. A new Chapter 11.46, "Dangerous Buildings", and
new Sections 11.46.010, 11.46.020, 11.46.030, 11.46.040, 11.46.050,
• 11.46.060, 11.46.070, 11.46.080, 11.46.090, 11.46.100 and 11.46.110
of the City of Yakima Municipal Code is hereby enacted to read as
follows:
"Chapter 11.46
DANGEROUS BUILDINGS
11.46.010 Adoption of Uniform Code for the Abatement
of Dangerous Buildings. 'Uniform Code for the Abatement
1
of Dangerous Buildings', 1979 Edition, of the International
Conference of Building Officials, of which not less than
three copies each have been and now are on file in the
office of the City Clerk of the City of Yakima, is hereby
adopted and incorporated as fully as if set out in full
herein, as the dangerous building code of the City of
Yakima, except as hereinafter amended, and the provisions
and regulations thereof are hereby adopted as the provisions
and regulations of the City of Yakima; and the several
sections or numbers therein shall constitute, and may be
referred to as, the numbers of this chapter.
11.46.020 Amendment to Subsection 102 (a). Subsec-
tion 102 (a) of the Uniform Code for the Abatement of
Dangerous Buildings is hereby amended to read as follows:
'Sec. 102. Purpose and Scope.
(a) Purpose. It is the purpose of this code to
411
provide a just, equitable and practicable method, to be
cumulative with and in addition to any other remedy provided
by the Building Code, Housing Code or otherwise avail-
able at law, whereby buildings or structures which from
any cause endanger the life, limb, health, morals, proper-
ty, safety or welfare of the general public or their
occupants may be required to be repaired, vacated or
demolished.
Adoption or enforcement of the Dangerous Buildings
Code adopted by this chapter shall not be construed for
the particular benefit of any individual person or group
of persons, other than the general public. In the event
of a conflict between the intent of this section and any
other section herein, this section shall govern
insofar as applicable.'
11.46.030 Definitions. A. Wherever a reference
is made to the 'Director of Public Works' or the 'Building
Official' in the Dangerous Buildings Code adopted by this
chapter, such reference shall mean the Chief of Code
Administration of the City of Yakima, or his authorized
representative.
B. Wherever reference is made to the 'County
Recorder' in the Dangerous Buildings Code adopted by this
chapter, such reference shall mean the Yakima County Audi-
tor.
C. Wherever reference is made to the 'City Assessor'
or the 'City Tax Collector' in the Dangerous Buildings
Code, adopted by this chapter, such reference shall mean
411
the Treasurer of the City of Yakima.
11.46.040 Amendment to Section 301. Section 301
of the Uniform Code for the Abatement of Dangerous Buildings
adopted by this chapter is hereby amended to read as follows:
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'Sec. 301. Definitions. For the purpose of this code,
certain terms, phrases, words and their derivatives
II0 shall be construed as specified in either this chapter
or as specified in the Building Code or the Housing Code.
Where terms are not defined, they shall have their ordi-
nary accepted meanings within the context with which they
are used. Webster's Third New International Dictionary
of the En:lish Lan:ua:el, Unabrid:ed, copyright 1961, shall
be construed as providing ordinary accepted meanings.
Words used in the singu ar include the plural and the
plural the singular. Words used in the masculine gender
include the feminine and the feminine the masculine.
BUILDING CODE is the Uniform Building Code promul-
gated by the International Conference of Building Officials.
DANGEROUS BUILDING is any building or structure deemed
to be dangerous under the provisions of Section 302 of
this code.
HOUSING CODE is the Uniform Housing Code promulgated
by the International Conference of Building Officials.
SHALL. The word "Shall" is defined to have the follow-
ing meaning:
(a) With respect to the functions and powers of
the Chief of Code Administration, any agents, officers
and employees of the City of Yakima and any board authorized
hereunder, a direction and authorization to act in the
exercise of sound discretion and in good faith;
(b) With respect to the obligations upon owners
and occupants of premises and their agents, a mandatory
requirement to act in compliance with this code at the
risk of civil and criminal liability upon failure so to
41, act.'
.11.46.050 Amendment to Section 801. Section 801
of the Uniform Code for the Abatement of Dangerous Build-
ings adopted by this chapter is hereby amended to read
as follows:
'Sec. 801. General.
(a) Procedure. All work of repair or demolition
done pursuant to Section 701 (c) 3 of this Code shall
be performed by city personnel or accomplished by a
private contract under the direction of the Building
410 Official. Plans and specifications therefor shall be
prepared by the City, or architectural and engineering
assistance may be engaged by the City on a contractual
basic as the Building Official may deem reasonably neces-
4, sary, with the cost for such architectural or engineer-
ing services to be included in the amount to be collected
from the property owner or by special assessment' against
the property involved.
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(b) Costs. The cost of such work shall be paid /Oh
from a repair and demolition fund and may be made a
special assessment against the property involved, or
may be made a personal obligation of the property owner,
whichever the City Council shall determine is appropriate.' 411
11.46.060 Section 802 deleted. Section 802 of the
Uniform Code for the Abatement of Dangerous Buildings
adopted by this chapter is hereby deleted in its entirety.
11.46.070 Amendment of Subsection 905 (c). Subsec-
tion 905 (c) of the Uniform Code for the Abatement of
Dangerous Buildings adopted by this chapter is hereby
amended to read as follows:
'Sec. 905. Personal Obligation or Special Assess-
ment.
(c) Special Assessment. If the City Council orders
that the charge shall be assessed against the property,
it shall adopt a resolution confirming the assessment,
and thereafter the assessment shall constitute a lien
upon the property.'
11.46.080 Amendment of Section 906. Section 906
of the Uniform Code for the Abatement of Dangerous Build-
ings adopted by this chapter is hereby amended to read
as follows:
'Sec. 906. Contest. The validity of any assessment
made under the provisions of this chapter shall not
be contested in any action or proceeding unless the
same is commenced within thirty days after the adoption
of the resolution as provided herein.'
11.46.090 Amendment of Section 908. Section 908
of the Uniform Code for the Abatement of Dangerous Build-
ings adopted by this chapter is hereby amended to read
as follows:
'Sec. 908. Lien of Assessment. All such assess-
ments remaining unpaid after thirty (30) days from the
date of the adoption of such resolution shall become
delinquent and shall bear interest at. the rat.e of 7 per-
cent per annum from and after said date.'
11.46.100 Amendment of Section 909. Section 909
of the Uniform Code for the Abatement of Dangerous Build-
ings adopted by this chapter is hereby amended to read
as follows:
'Sec.909. Foreclosure Procedure. Immediately upon
adoption of such resolution the City Treasurer shall
render a statement to all persons claiming any right,
title or interest of record in and to such property,
specifying the amount of the assessment and the time within
which payment must be made. In the event any such assess-
,
ment is not paid within the time required by this chapter,
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411 the City Attorney shall commence foreclosure proceedings
against such property i the manner provided by law for
the foreclosure of deli quent Local Improvement District
assessments.'
11.46.110 Section 910 and 911 deleted. Sections
910 and 911 of the Unifrm Code for the Abatement of
Dangerous Buildings adored by this chapter are hereby
deleted in their entirety."
Section 3. This ordinance shall be in full force and effect
thirty days after its passage, approval and publication as pro-
vided by law and by the City Charter.
PASSED BY THE CITY COUN IL, signed and approved this
day of , 1980.
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40e z 2 :497,74 ,
Mayor
ATTEST:
■ ,
City i lerk /
411
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