HomeMy WebLinkAbout1990-3309 Buildings ORDINANCE NO.rr
AN ORDINANCE relating to buildings; establishing appeals to the
Superior Court; staying actions of the Building
Official and Board of Appeals when an appeal is
filed; and establishing criminal and civil
penalties for violation.
BE IT ORDAINED BY THE CITY OF YAKIMA:
Section 1. Section 11.46.042 is hereby enacted to read as
follows:
11.46.042 Appeal to Superior Court.
The action of the Board of Appeals on an appeal of the
decision of the Building Official shall be final and conclusive,
unless within thirty (30) days from the date of final action, an
aggrieved party obtains an appropriate Writ of Judicial Review
from the Yakima County Superior Court. The appellant shall
provide or pay for, in advance, the cost of preparing any
verbatim transcript of proceedings required for judicial appeal
With the consent of the Superior Court, the parties may agree to
• provide a verbatim audio recording of proceedings for purposes of
review by the Superior Court.
Section 2. Section 11.46.044 is hereby enacted to read as
follows
11.46.044 Amendment to Section 504. Section 504 of the
Uniform Code for the Abatement of Dangerous Buildings adopted by
this Chapter is amended to read as follows:
Section 504. Except for vacation orders made pursuant to
Section 403, filing of an appeal stays all actions of the
Building Official and Board of Appeals with the decision or
action being appealed. The filing of an appeal shall not stay
the effectiveness or effective date of any enforcement action or
decision for violation of this title, including repairs,
demolition, work, vacation or abatement.
Section 3. Section 11.46.046 is hereby enacted to read as
follows:
11.46.046 Amendment to Section 701. Section 701 of the
Uniform Code of the Abatement of Dangerous Buildings adopted by
this Chapter is amended to read as follows:
•
I
Section 701. (a) General. After any order of the building •
official or the Board of Appeals made pursuant to this code shall
have become final, no person to whom any such order is directed
shall fail, neglect or refuse to obey any such order. Any such
person who fails to comply with any such order is guilty of a
misdemeanor.
(b) Failure to Obey Order. If, after any order of the
building official or Board of Appeals made pursuant to this code
has become final, the person to whom such order is directed shall
fail, neglect or refuse to obey such order, the building official
may (i) cause such person to be prosecuted under Subsection (a)
of this section or (ii) institute any appropriate action to abate
such building as a public nuisance.
(c) Failure to Commence Work. Whenever the required repair
or demolition is not commenced within 30 days after any final
notice and order issued under this code becomes effective:
1. The building official shall cause the building described
in such notice and order to be vacated by posting at each
entrance thereto a notice reading:
DANGEROUS BUILDING
DO NOT OCCUPY
It is a misdemeanor to occupy this building,
or to remove or deface this notice.
Building Official
of
2. No person shall occupy any building which has been
posted as specified in this subsection. No person shall remove
or deface any such notice so posted until the repairs, demolition
or removal ordered by the building official have been completed
and a Certificate of Occupancy issued pursuant to the provisions
of the Building Code.
3. The building official may, in addition to any other
remedy herein provided, cause the building to be repaired to the
extent necessary to correct the conditions which render the
building dangerous as set forth in the notice and order; or, if
the notice and order required demolition, to cause the building
to be sold and demolished or demolished and the materials, rubble
and debris therefrom removed and the lot cleaned. Any such
repair or demolition work shall be accomplished and the cost
thereof paid and recovered in the manner herein provided in this
code. Any surplus realized from the sale of any such building,
or from the demolition thereof, over and above the cost of
demolition and of cleaning the lot, shall be paid to the person
or persons lawfully entitled thereto.
(d) Penalties for Violation.
1. Criminal Penalties. Any person, firm or corporation
violating any of the provisions of this title, or violating or
failing to comply with any order made or issued pursuant to the
provision of this title, shall for each and every violation in
noncompliance respectively, be guilty of a misdemeanor. Any
person so convicted shall be punished for each offense by a fine
of not more than $500.00 or by imprisonment for not more than
ninety (90) days, or by both such fine and imprisonment.
Provided that a person not previously convicted of any violation
of this title and who is not convicted of not more than one
violation shall be punished by fine only, not to exceed $500.00.
2. Civil Penalties. In addition to any other penalty or
remedy provided herein by law, a. civil penalty in the amount of
$50.00 per day is hereby imposed upon a person, firm or
corporation which violates the provisions of this title. Such
civil penalties shall accrue from the date set for correction
established by the building and enforcement official and shall
continue until the violation is corrected. The civil penalty
constitutes a personal obligation of the person or persons to
whom the notice of noncompliance is in effect. The City
Attorney, on behalf of the city, is authorized to collect the
civil penalty by use of appropriate legal remedies, the seeking
• or granting of which shall neither stay nor terminate the accrual
of additional civil penalties, so long as the violation
continues.
If a violation is not corrected by the time established by
the notice of noncompliance, or any extensions thereof, the
building official shall cause a notice of lien to be filed in the
Yakima County Auditor's Office. Said notice of lien shall
contain the legal description of the property and a copy of the
notice of violation, together with proof of service of the notice
of noncompliance. As of the date of filing of such notice of
lien, a lien shall exist in favor of the city to secure the
payment of the civil penalty imposed by this title. Any person
who takes or acquires any interest in said property subsequent to
filing of said notice of lien, shall take subject to said lien.
The lien may be foreclosed by the city in the manner provided by
law for the foreclosure of mortgages.
Section 4. This ordinance shall be in full force and effect
thirty (30) days after its passage, approval and publication as
provided by law and by the City Charter.
•
,
,-
PSED B1 THE / CITE COL\CIL, signed and approved this
IP
La d y ∎ of 1�() iJ�Yi /)Fr , 1990.
9 ,6i.- Yferte-17 .
Mayor
ATTEST
/' cc iva. ,.„ _ l , e,414-
C1t\ Clerk
PuUl 1u it inn Date / / /LP1/4S _-
Lf f ert 1\ i_ Da+ P /A/40
III
III